An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 61

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 61


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posed of. An influential Indian trader on this frontier, learning through his relatives at Washington city of my proposition, applied for the ' job' as he called it, got it, and afterward said to me, 'You do this for honor; I do it for profit.' He sold his goods.


" On another occasion, knowing the lucra- tive trade carried on over the prairies from St. Louis to Santa Fe, and satisfied the caravans could start from Fort Smith one month earlier, and by following up the Canadian river would find wood and water in full abundance, I started the subject in Arkansas, and explained its ad- vantages through the columns of the Arkansas Gazette. The State becoming deeply interested, the governor, legislature, and senators moving


of the State Reform School, recently established amt lo- cated at Miles City, appointed to the position by Governor Rickards, aud is the only Democrat on the board. He was appointed by Governor Toole as World's Fair Com- missioner, succeeding E. 11. Johnson, who resigned. He was appointed by S. T. Hauser, president of the Montana Siiver Convention; as a delegate to attend the convention held at Chicago, during the World's Fair; and also to go to Washington, District of Columbia, during the extra- ordinary session of Congress, to intercede in behalf of the silver interests of the silver-producing States. He is a prominent attorney and has a large practice. He is a member of the Masonic fraternity, and has filled the Mas- ter's chair in Miles City Lodge for three years; also filled the position of Deputy District Grand Master in and for Bozeman district, for one year. He has been twice elected General Lecturer by the Masonic Grand Lodge of Montana. He is also a member of the Patriotic Order Sons of America, and was the first president of the Camp at Miles City.


He was married in 1884, to Miss Ida Ruth Castle, daugh- ter of Umpstead and Rosetta Castle, natives of Canada. Her brother, James M. Castle, of Stillwater, Minnesota, represented his county in the State Senate five terms, and was elected to Congress in 1892, although he was a Dem- ocrat, in a district usually giving 400 Republican majority.


Mr. Middleton and wife have two sons, Elbert C. and Charles Reginald. Mrs. Middleton is a member of the Episcopalian Church.


HON. SAMUEL L. HOLLIDAY. A history of Montana, and especially of Gallatin and Park counties, would fall short of awarding merit did it fail to mention the services and sterling qualities of Samuel L. Holliday. He is an unassuming gentleman, and when we use the word gentleman we mean it to apply to Mr. Holliday in its fullest sense. He is a calm, forcible reasoner and a man of excellent foresight and judgment in his own business matters as well as in public affairs.


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in the matter, I proceeded to the city of Washing- ton, where, with the assistance of Senator Bor- land, I obtained an order for an escort of fifteen to twenty men, aronnd which, as a nucleus, several traders had agreed to accompany me. I delayed five or six days to explain to traders the preparation necessary for the trip. Upon my arrival at Fort Smith, I found General Arbuckle, the officer commanding this frontier, had assigned Captain Marcy. nephew of the Secretary of War, Governor Marcy, to this duty. Captain Marcy and his escort started.


" My object was to bring this Incrative trade through the valley of the Arkansas, for the bene- tit of a State I had made my home; also to trace what, in my opinion, is the best and


Samuel L. Ilolliday was born in Hamilton county, Ind- iana, in 1840, son of John H. and Anna (Garrett) Holliday. The Holliday ancestry is not so well defined as should be. We can only partially trace it. Adam Holliday came from Belfast, Ireland, to the United States and located in Kentucky during its early settlement. From him it is stated the Hollidays in this country have des- cended. Tradition says that there is a large estate in Ireland due the Hollidays in the United States. Samuel L. Holliday's father was one of the pioneers of Indiana, and was Judge of court there for many years. Our sub- ject was only ten years old when his father died, and four years later the family removed to Winterset, Iowa.


Young Holliday made the best of his opportunities for an education, eagerly studying both in school and out, and by the time he was sixteen years old had acquired sufficient knowledge to enable him to teach, and for two years he was engaged in teaching. After his marriage, which event occurred about the time he reached his majority, lie gave his attention to farming, being thus occupied in Iowa for a few years. But he was called from the farm to public life when he was elected Audi- tor of Madison county, Iowa, in which capacity he served four years. Following this he was for some years engag- ed in the grocery business, and also operated a meat mar- ket in Winterset, being thus occupied up to 1879, when he sought a home in the great West, and located in Boze- man, Montana. In the spring of the following year he brought his family to their new home on the Yellowstone, six miles from Livingston, where he had located valuable land, and where he now owns 1,200 acres. This tract he utilizes for both agricultural and stock purposes. He raises large crops of grain, potatoes, etc., his oats crop alone amounting to 8,000 bushels this season (1893). This land is watered by a fine irrigating system. Mr. Holli- day also owns another fine ranch in Park county.


In 1842 he was elected one of the Board of County Commissioners of Gallatin county, which at that time


shortest route from the Mississippi to the Pacific, with the advantage that it was practic- able the whole year -- one I have frequently


*


urged as best for railroad purposes. * * I was in the Florida war with Taylor, Armi- stead, and Worth; in the Mexican with Wool, Taylor, and Scott. After the Mexican war, while at Fort Smith and Gibson, my mind naturally turned to the prairies. It was then I urged the Canadian route to the Pacific, now called by any other name than mine. The Gila war was undertaken because of thefts and murders of long duration, to punish the mur- der of Agent Dodge, which occurred during my temporary command. * * * My regiment was sent to Texas, where I found my junior,


also included the present area of Park county. In 1886 he was elected Senator to represent Gallatin county in the Territorial Legislature, and during the time he was a member of that honorable body he proved himself well worthy the confidence of his constituents. He was an en- ergetic and successful worker. It was his untiring energy that secured support to the bill setting off Park county, which all concede a wise measure, as there is a natural topographical division between Park and Gallatin coun- ties. During his term in the Legislature he was chair- man of an important committee and was a member of the Judiciary Committee.


Since retiring from public life he has devoted his whole time to his farm and stock. Indeed, he is one of the leading agriculturalists and stock men of the county, and his sons are also engaged in business with him. Mr." Holliday is a member of Livingston Lodge, No. 32, A. F. & A. M., and is also a member of the Chapter and Com- mandery. His name is on the list of charter members in botlı the lodge and chapter, and of the former he is now Senior Warden. From his early manhood he has been a stanch Republican, but now expresses himself as willing to welcome any party that shows capacity and disposition to do more good for the whole people than has the Re- publican party. He and his wife are members of the Congregational Church.


Mr. Holliday was married in 1861 to Miss Maria Dab- ney, daughter of Henry Dabney, formerly a resident of the State of Virginia, but at the time of their marriage living in Iowa. Mr. and Mrs. Holliday have four chil- dren, two sons and two daughters: John, Orion S., Flor- ence and Nellie. Florence is now the wife of C. S. Hef- ferlin, a resident of Livingston and an enterprising and successful business man who has done much to advance the interests of this place. The sons reside with their parents; and Nellie was married in May, 1894, to Jolin W. Hefferlin, a member of the firm of Hefferlin Brothers, merchants of Livingston, Montana.


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HISTORY OF MONTANA.


Colonel Robert E. Lee, in command-a very elever officer and gentleman, but being my junior, hence my petition. General Twiggs was then sent to relieve Colonel Lee, and while under orders to be relieved, McCulloch grabbed San Antonio and stores of the department. Colonel Waite, the officer assigned to relieve General Twiggs, found the department in rebel hands. He was my junior. I had been dan- gerously siek, had applied for sick leave; this I received as Colonel Waite arrived. I wrote to him that if he did not recognize the surrender, I would remain and assist him; he replied that he would carry out the arrangement made by General Twiggs. Then I told him I accepted my sick-leave. Proceeded to St. Louis, Mis-


HON. GEORGE WILLIS REEVES, Missoula, is a prominent member of the Montana bar. Ile was born on his father's farm in Ballard county, Kentucky, February 10, 1847, and is a descendant of early settlers of both Virginia and Ken- tncky. Ilis father, William Harrison Reeves, was born in Culpeper county, Virginia, in November, 1812, while the mother of our subject, whosemaiden name was Penel- ope B. White, was a native of Kentucky. Iler father, Rev. Willis White, a native of Tennessee, was a missionary Baptist minister and was one of the earliest settlers of Kentucky, he having located on what was then known as the Jackson purchase. William H. Reeves and his wife ended their days in Kentucky, she passing away at the age of fifty-five and he at seventy-five. They reared a family of eight children, all of whom are living except one.


Judge Reeves, the subject of our sketch, was the second born in this family. He was reared on his father's farm in western Kentucky and his early education was received in the common schools of the county. In 1865 he began the study of law in the office of his uncle, Judge James D. White, of Ballard county, and was admitted to practice in November, 1867: Ile entered upon his professional career in Ballard and MeCracken counties, spending much of his time at Paducah, and continuing thus ocenpied up to 1878. Previous to his admission to the bar he had served three years as Deputy Clerk of the court of the county. In 1878 he was elected to represent the Second Senatorial District in the State Senate of Kentucky, and served in the sessions of 1879 to 1882 inclusive. Then he was elected Clerk of the Senate for the session of 1883 4.


After the expiration of his clerkship in 1884, Judge Reeves came to Missoula, Montana, taking up his abode here in May of that year. The following September he was tendered by the Democratic party the nomination for Probate Judge of the county, and was elected by a ma jority of 300 votes. At the close of his term he was re- elected, and served until 1887, at which time he resigned


souri. Shortly after, ordered to Washington, before the retiring board, and by the board retired. Again put on duty, in command of Benton barracks, and mustering and disbursing officer. When the law passed removing all re- tired officers from duty, I came here, and opened a farm, on lands I purchased from the United States in 1837, where I am now, in my old age, a farmer, my family with me. * %


" You ask me if I know of the thermal springs and geysers. Not personally, but my men knew about them, and called their location the " Fire Hole.' I recollect the name of Alvarez as a trader. I think he came to the mountains as 1 was leaving them. The American Fur Company had a trading-post at the mouth of


in order to give his attention to the practice of law. Since that date he has conducted a lucrative and successful law practice.


Judge Reeves was married December 1, 1870, to Miss Mary E. Marshall, a native of Kentucky and a daughter of Judge Charles S. Marshall. She died on the last day of November, 1889, and was buried on the nineteenth an- niversary of their wedding day. She left three dangh- ters,-Emily Marshall, Alice White and Katie, all natives of Kentucky.


Judge Reeves is a member of the Masonic fraternity, is Past Master of the blue lodge, Past High Priest of the chapter, and is also a Scottish-Rite Mason. He has passed all the chairs in the Independent Order of Odd Fellows, and is a member of Friendship Lodge, No. 61, A. O. U. W., of Paducah, Kentucky. le belongs to the Christian Church, of which his wife was also a member. Up to 1892 he was a stanch Democrat, but the position of that party on the free coinage of silver not being in accordance with his views, he became a Populist. By the latter party he was nominated for Judge of the Fourth Judicial District, and in 1894 was nominated by his party for As sociate Justice of the Supreme Court of Montana and was opposed by regular Democratic and Republican nomi nees; he was defeated by the Republican nominee by a small plurality, the Democratic nominee being a poor third in the race. le canvassed the district, making a very strong campaign and doing efficient work for his party, and at the election ran far ahead of his ticket. The Judge is a man of fine mental equipoise and of genial disposition, and has made hosts of friends since coming 10 Montana. He built and resides in one of the handsome residences of Missoula.


JOHN S. DOUGHERTY, an expert metallurgist, is now superintendent of the famous Anaconda Smelting Plant, the largest works of the kind in the workl. Mr. Dough- erty was for many years connected with the noted Con- glomerate and other mines in the State of Michigan,


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the Yellowstone; also one higher np. Mr. Tullock, I think, was in charge of that np the Yellowstone. Half a century is a long time to look back, and I do so doubting myself. * * *


* *


" I have to ask your indulgence for the errors of this hasty production, which is more truly


an essay from the cornfield than a literary one suited for the records of your honorable asso- ciation.


" With sentiments of sincere regard, " Your friend " B. L. E. BONNEVILLE, " Brevet Brigadier-General, United States Army."


CHAPTER XX.


SECOND CHAPTER ON THE BENCH AND BAR, BY JUDGE DECIUS S. WADE -THE JUDICIAL VESTMENT OF THE ORGANIC ACT FOR THE NEW TERRITORY -- JUDICIAL DISTRICTS AND THE FIRST JUDGES TO SIT ON THE BENCH- MONTANA WELL SUPPLIED WITH ABLE JURISTS -TERM OF OFFICE -THE BANNACK STATUTES THAT SET THE MACHINERY OF LAW IN MOTION -STRENGTH OF THE BAR-OLD LAW- YERS AND NEW LAWS-MINING LAWS AND WATER RIGHTS -THE FOUNDATIONS OF A TEMPLE TO ENDURE-NAMES OF SOME PROMINENT LAWYERS - SECOND, THIRD AND FOURTH LEGISLATURES- THE CALIFORNIA PRACTICE ACT-THE NEW CHIEF JUSTICE -ASSOCIATES -FIRST VOLUME MON- TANA REPORTS -FIRST GREAT QUESTION IN COURT.


FROM 1864 TO 1870.


N 1864, upon the organization of the Ter- ritory, other judges came to enforce the miners' rules and regulations, to start the machinery of the criminal law, and to carry into effect the provisions of the organic act.


This act vested the judicial power of the Ter- ritory in a supreme court, consisting of a chief justice and two associate justices, district courts, probate courts, and in justices of the


peace; and provided that the Territory should be divided into three judicial districts, in which district court should be held by one of the justices of the supreme court, at such times and places as might be prescribed by law. These district courts were of general jurisdiction, and besides had the same jurisdic- tion in all cases arising under the constitution and laws of the United States as is vested in


where he had charge of the concentrating department. Ile became so proficient in this work and so favorably known that when the famous copper magnate, Marens Daly, proprietor of the Anaconda mines, at Butte, ereeted the largest smelting plant in the world, now in operation at Anaconda, Mr. Dougherty was sought for and engaged to take charge of the concentrating department of these great works. A minute description of them cannot be given in this personal sketch, but some idea of their im- mensity can be gained when it is stated that their daily capacity is about 7,000 tons of ore, 350 tons of coal being used in the process each day. Mr. Dougherty has been in charge here since 1886.


He was born in 1852, and when twenty-seven years of age, was married to Elizabeth A. McDowell, daughter of James McDowell, assistant master mechanic of the C'leve- land Iron Mining Company, Cleveland, Ohio. They have had six children, five of whom are living, named respee- tively, Ambrose, John, Bernard, May and Alice.


Politically, Mr. Dougherty is independent, and favors free coinage of silver. He is a member of the A. O. U. W.


IlIRAM R. MARCYES is the leading general merchant at Forsyth, Custer county, Montana. His ancestry on paternal side was English and on maternal side Scotch. Hle was born in the State of Maine, in 1844, son of Lam- bert and Vienna (Bartlett) Marcyes. Ilis father was a


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the circuit and district courts of the United States. Never were any courts organized by Congress or by any State government that had so extensive jurisdiction as the Territorial eourts. They possessed at once the jurisdic- tion of the State and United States courts.


Appeals went up from the district courts to the supreme court of the Territory, and from thence directly to the supreme Court of the United States in all cases involving the sum of $5,000. One criticism of the Territorial system is that the trial courts and the appellate eourt were composed of the same judges, and hence it was sometimes said that the justices of the


sailor in his younger days and for a time captain of a vessel. The Bartletts were noted sea men. Captain James Bartlett, of Boston, was prominent as a sea captain. Hiram's parents with their children moved from Penob- scot county, Maine, near Bangor, where he was born, to Minnesota in 1854, where he grew to manhood on a farm, attending the public schools.


In 1861, then in his seventeenth year, he enlisted in the Fourth Minnesota Volunteer Infantry, Company I, in Riee county, Minnesota, was drilling during the early part of that year, and later mustered into service at Fort Snelling as a musician. He participated in the battles of Corinth, Iuka, campaigns ending with the surrender of Vieksburg, Grand Gulf, Raymond, Jackson, Champion Hills, Mississippi, etc. After the surrender of Vicksburg his command marched to and wintered at Huntsville, Alabama, were in the battle of Missionary Ridge, Novem- ber 24 and 25, 1863, then with General Sherman along the Western & Atlantic Railroad, and with General Corse at the famous battle of Alatoona, Georgia. He was sitting in front of the house which was the headquarters of the Minnesota troops on the east side of the railroad eut at Alatoona, where the rebels' first cannon-shot passed through the building, after which it knocked over a stump near Mr. Marcyes and his comrade, Leonard Seibert.


After the battle of Alatoona they went to Rome, Georgia; thence to Atlanta, where they again joined General Sher- man and participated in all the battles, privations and thrilling incidents of that famous march from Atlanta to the sea, culminating in the surrender of Johnston in North Carolina, and putting an end to the war. Although a musician and the leader of a band, Mr. Mareyes never missed a battle, always entering an engagement with a gun and doing good work. He never missed a battle and never attended a sick call during the war. He served from beginning to the end and participated in the grand review at Washington, District of Columbia, which was a day of rejoicing for the boys who wore the blue and


supreme court confirmed their own errors as judges of the district courts. But the eriti- cism was hardly just, for a reference to the Re- ports will show that the decisions of the dis- triet eonrts were often reversed, and that the decisions of the Territorial Supreme Court were in a large majority of cases affirmed on appeal to the United States Supreme Court. Subse- quently, and not long before Montana became a State, the Supreme Court was provided with an additional justice, and the justice who tried the case below did not take part in the decision on appeal to the Supreme Court. This was a better arrangement and gave satisfaction alike


had proven themselves patriots tried and true. The most severe part of their campaign in the South after reaching the sea at Savannah, was through the Carolinas.


After the war he returned to Minnesota, stopping in Lyon county, where he constructed and operated a large flour mill, and also owned and carried on a farm, also taught music until 1881, when he made a trip to Montana and looked the country over with a view of availing him- self of such opportunity as might offer to do a profitable business. Deciding that Forsyth, then a station on the Northern Pacific Railroad, was a promising point, in April, 1882, he located there with his family, and at once opened the first stock of general merchandise at that place. He has made a wonderful success and has an im- mense trade, which has been made by his persistent industry and just dealing, and he is widely and favor- ably known. ITis fine brick residence, erected in 1590, is one of the best in the Yellowstone valley and a credit to any city. In 1887 he erected his fine brick store build- ing. All his improvements are of the best and an orna- ment to the town.


HIe was married in 1876 to Miss Louise Loffelmaker, of Minnesota, whose parents are deceased. When she was a little girl her parents and her family barely escaped butchery at the hands of the Sioux Indians, who had sur- rounded the fort at Ridgely, Minnesota, and were prowling over the county, killing the inhabitants. They took their children after night, passing through an opening left by the Indians in forming their lines around the fort, elud- ing the savages, and reaching the fort unobserved were saved. Mr. Mareyes and wife have tive children, one son and four daughters: Claude, Ida, Eva, Grace and Ollie.


Ile is a member of the Masonic fraternity at Miles City, also of the A. O. C. W. at Forsyth. He has taken an active part in educational matters at Forsyth, serving as a Trustee of the school, also as Justice of the Peace. While in camp at Huntsville, Alabama, and his time of enlistment near expiring, he re-enlisted for the term of


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to the judges and the lawyers. After all, there ought not to be much pride of opinion in re- versing or affirming any case, for there may be found precedents upon the opposite side of al- mnost every question, and no doubt, if there were still higher courts to which appeals might be taken, the process of reversing and affirming would still go on. That which makes a court" of last resort important is the fact that from its decisions there is no appeal.


Montana having received a name and a Ter- ritorial organization on the 26th day of May, 1864, President Lincoln, in June, of that year, appointed Hezekiah L. Hosiner, of Ohio, Chief Justice, and Lorenzo P. Williston, of Pennsyl-


the war, without regard to time. He is a patriot in the fullest sense. The family are religiously Methodists, and he is politically a stanch Republican.


DUDLEY C. BASS, a Montana pioneer of 1864, and one of the proprietors of Pine Grove Fruit Farm in the Bitter Root valley, two miles northwest of the town of Stevens- ville, was born in Clarendon Springs, Vermont, August 10, 1842. His ancestors were among the early settlers of Vermont and New York, and his father, William B. Bass, was born in the latter State in 1811. He married Miss Ruth Childs, a native of Vermont. After marriage they resided thirteen years in Glens Falls, New York, in 1855, removed to Chicago, and in 1858 to Jefferson City, Mis- souri, where Mrs. Bass died, in 1861, leaving three sons and one daughter. In 1871 the father came to Montana to reside with his son Dudley C., where he was afterward engaged in the wood business for several years, and his death occurred March 24, 1893, at the age of eighty-two years.


Dudley C., the third child in order of birth, was thir- teen years of age when he removed with his father to the West, and was raised in Chicago and Jefferson City, Mis- souri. After attaining his majority he became interested with his brother, William E., in the hotel business, first at Sedalia, and later in Clinton. In 1864 they crossed the plains with mule teams to Alder Gulch, Montana, where they mined for a time, but, not meeting with the desired success, decided to turn their attention to agricultural pursuits. They then located on their present farm, where they first engaged in raising hay, grain and vegetables, and for which they found a ready sale at paying prices in the mining camps. The brothers were prosperous in all their undertakings, and from time to time added to their land until they now have 800 acres, which contains a good frame residence, and all necessary buildings. The place i- beautifully situated at the side of the Bitter Root moun-




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