USA > Montana > An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens > Part 62
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vania, and Ammi Giddings, of Connecticut, As- sociate Justices of the Supreme Court. Gid- dings declined the appointment, and in March, 1865, Lyman E. Munson, of Connecticut, was appointed Associate Justice. Hosmer lived at Virginia City and presided in the district courts of the First, Williston at Deer Lodge and presided in the district courts of the Sec- ond, and Munson at Helena and presided in the district courts of the Third. Judicial District. Probate courts were established in each county, and every settlement and mining camp was pro- vided with a justice of the peace and constable.
William Chumasero, Thomas Thoroughman, James G. Spratt, R. B. Parrott, William
tains, is surrounded by fine groves of pine, from which the farm derived its name, and the dwelling is not only embowered with a natural grove, but also by trees of their own planting.
The Bass Brothers were among the first to discover that their section was adapted to fruit-raising, and to that branch of industry they are now giving their almost en- tire attention. Their first planting was in 1871, and at that time the venture was looked upon by most people with the greatest of doubt and distrust; but time has proven the wisdom of their efforts. The brothers are now among the leading fruit meu in the State, have erected large packing houses, and have taken orders as far East as New York city. They are also largely engaged in raising vegetables, and many of their cabbage heads have reached the weight of forty pounds. In addition to their other interests, the Bass Brothers are raising a fine grade of Durham cattle and Norman-Percheron horses, were in- terested in the saw and flouring mill business, and have taken railroad contracts. They built twenty-five miles of the Northern Pacific road eastward from Missoula, and also furnished ties for sixty miles of the Bitter Root branch of the same road.
The Bass Brothers married the daughters of L. S. and Eva Emmett, of Windsor, Missouri. W. E. Bass was mar- ried in 1862, to Miss Jennie, and in 1874 D. C. Bass was united in marriage with her sister, Miss Etta. To the latter union has been born one son, Lee E. William E. Bass has served a number of terms in both the Territorial Assembly and in the Council, and has the honor of being elected Speaker of the Council. The brothers are identi- fied with the . Democratic party. D. C. Bass has recently taken charge of the ranch and is now the manager, while W. E. Bass is engaged in other business. He is an active, intelligent business man, and is richly entitled to the won- derful snecess which he has accomplished on his Pine Grove fruit farm.
HISTORY OF MONTANA.
Y. Lovell, Theo. Muffly, Cornelius Hedges, Sidney Edgerton (tirst governor of the Terri- tory), Elanson C. Moore, John P. Brnce, R. II. Robertson, Edward Sheffield, Jerry Cook, John C. Turk and William L. McMath are among the lawyers who arrived in the country about the time of, or shortly after, the organization of the Territory, and commenced the practice of their profession. .
And so Montana came to be well supplied with judges, courts and lawyers; the miners' courts gradually fade away and disappear, their thrilling scenes and incidents pass into history,
CHRIS NISSLER, the Silver Bow brewer, dates his arri- val in Montana in 1863, and is therefore classed with the pioneers of the State. A brief sketch of his life is here- with presented:
Chris Nissler was born in Germany in 1836, and the first sixteen years of his life were spent in his native land. Then he emigrated to the United States. IIe located in Philadelphia and there spent four years in learning the trade of baker and confectioner, and in 1856 made the passage to San Francisco, via the isthmus, ar- riving there on the 14th of March. In Sacramento county he worked three years at his trade, and then for three years more carried on a prosperous business for himself. After that he prospected for gold in California, Oregon and Idaho, and finally located in Virginia City, Nevada, where for three years he was employed in a brewery, and learned the business thoroughly. In 1864-'65 he was engaged in the laudable business of supplying families with good water, drawing it from place to place with a horse and cart, and doing a successful business.
In 1865, as above stated, Mr. Nissler came to Montana, the date of his arrival in Virginia City being April 28. From Nevada to Salt Lake City he traveled by stage, the passage costing $120, and from the latter place to Mon- tana he journeyed with a pack-horse and was twenty days on the road, camping at night by the roadside and with no protection save his blanket. HIe purchased a placer-mining claim at German Gulch, and after working there a month without any success he tried his luck in California Gulch. There, too, he met with failure. Then he went back to German Gulch and worked for wages a few months, or until winter set in. The following win- ter, and in fact a whole year, he was employed in a baker shop in Helena. Then came the Salmon river "stam- pede," and with what money he had saved he started with others for the diggings in that region. After an absence of three months he returned to Montana, ready to begin life anew, he having lost all his savings, Se curing a placer claim in Bear Gulch, he went to work and in six months got out $2,000 worth of gold. This
their rules and regulations enter into the struc- ture and body of the law, their judges and pres- idents lose their authority and jurisdiction, but retain their titles; the period of government without law has passed away. It had been a period of peril and hardship, of unconquerable energy and courage, but during its existence the seeds of an imperishable common wealth had taken root.
The organic act did not do much more than to furnish the framework for a Territorial gov- ernment, and from its date until the enactment of what are known as the Bannack Statutes, in
claim was then practically exhausted, and he returned to German Gulch. There he purchased an interest in a brewery, paying $3,000 for it, and, in partnership with Alfred Mohler, he was engaged in the manufacture of beer for about two years. In this enterprise he lost money, by reason of the miners seeking richer fields of labor and the camp going down.
In 1871 Mr. Nissler came to his present location at Sil- ver Bow. He purchased a log building that was located on Main street in Butte City, where the First National Bank now stands, and this building he took down and hauled to Silver Bow. It served his purpose as a brew- ery until 1886, at which time he built his present store and brick brewery. He was the first to establish a beer depot at Butte City and also at Anaconda. Ilis beer being a choice article and being known far and near for its excellency, he has a ready sale for all he can manufacture.
In 1878 Mr. Nissler was married to Miss Christiana Koncelman, a native of Germany, and they have six chil- dren, namely: Louisa, Christiana, Mable, Chris, Grover and Doris,-all born at their home in Silver Bow.
Mr. Nissler became a member of the I. O. O. F. in 1860, in California, and he is also identified with the 1. 0. U. W. Politically, he is a Democrat. He has ever shown a deep interest in the public affairs of his town, and especially in its educational advancement. For a num ber of years he has served as School Trustee. Mr. Niss- ler has the thrift and energy so characteristic of his countrymen, and, like many a poor German who has come to this country with no capital save a strong arm and a determination to succeed, he has by perseverance won his way to the front: indeed, the success he has attained has been far beyond his most sanguine expectations.
JOKL J. BOND, County Superintendent of Schools of Ravalli county, Montana, was born in Jefferson City, Cole county, Missouri, February 1, 1841. llis grandfather, Joel Bond, was a native of Scotland, emigrated to Amer jea in 1809 and settled in the South. He was an honest
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HISTORY OF MONTANA.
January, 1865, by the first legislative assem- bly, though there were judges and courts, there was no law to set the machinery in motion.
Upon the enactment of the Bannack Statutes the legitimate reign of the bench and bar be- gins. These are controlling forces in every civilization. The interpretation and application of the law to the complicated and complex af- fairs of human life. and the administration of equal and even-handed justice, are among the highest and noblest employments of the human mind. The task is always difficult, even when
and industrious farmer, and lived to the age of sixty-two years. He reared five children, one of whom, William M. Bond, born in Kentucky, in 1817, was the father of Joel J. HIe removed to Missouri and settled on a farm, where he passed the residue of his life. Ilis wife, nee Sarah M. Sullans, was also a native of Kentucky. They had a family of four sons and one daughter, of whom our sub- ject was the second son.
Professor Bond received his early education in the pub- lic schools, and later attended the State University of Missouri at Columbia. Previons to his entering the Uni- versity he had taught sehool two years, and after his grad- uation he taught twelve successive years in Missouri. ITis health then failed and he was advised by his physician to seek a change of climate. April 14, 1881, he landed in Stevensville, Montana. Here he soon recovered his health, and again engaged in the profession, teaching at Stevens- ville and at Victor for a number of terms. Meanwhile he has invested considerable in real estate. He owns a farm six miles southwest of Victor, has several lots in Victor, and on one of these lots he has built a nice home.
Professor Bond was married in 1868 to Miss Elizabeth Baker, a native of Boone county, Missouri, and the daugh- ter of Rev. Barnabas Baker, a Baptist minister. They have five children: Anna J., Jessie H., Hattie L., Judson B. and Daisy S. Their oldest daughter, Anna J., is a pop- ular and successful teacher in the Stevensville schools, and the second, Jessie II., is a music teacher.
The Professor and his family are members of the Bap- tist Church at Stevensville. Ile is identified with the A. O. U. W., and has for a number of years been financier of the lodge. Ilis political views are in harmony with the principles advocated by the Democratic party, which he has supported all his life. Ile has several times served as Justice of the Peace, and when the new county of Rat- valli was organized the Legislature of Montana selected him as the most suitable person for County Superinten- dent of Schools. He accepted the appointment, and is now serving in that capacity. He has thirty-one schools under his supervision. His long experience as a teacher
experience has added precedents and decisions to point the way; but in a new country, sur- rounded by such conditions as required a re- construction or departure from the principles and precedents of the common law, inhabited by resolute, enterprising men from all the States and from almost every land, who brought with them different and conflicting ideas of what system of law and practice should prevail, and how rights should be adjudicated and enforced, the task of starting the wheels of government, of protecting life and property and adjudicating rights became more difficult still.
and his thorough acquaintance with the most advanced ideas on educational matters, together with his enthusias- tic love for work, eminently fit him for the position he oc- cupies.
JAMES M. JOHNSON, the leading merchant of Hamil- ton, Montana, was born in Marion county, Missonri, De- cember 12, 1841.
His ancestors were among the early settlers of New York, where his father, William Johnson, was born, in 1818. When a young man he removed to Missouri, where he was married, in March, 1841, to Miss Nancy R. Sharp, a native of Kentucky and a descendant of an old Virginia family. Her grandfather, Richard Sharp, was a soldier in the Colonial army during the Revolutionary war, and was killed in the battle of Yorktown. William Johnson learned the carpenter's trade in New York, but in Mis- souri engaged in farming. He was a devout Christian and a worthy man. He died from pneumonia, in October, 1846. His wife is still living, aged seventy-two years. They had two daughters and one son.
James M., the subject of this sketch, remained in Mis- souri until sixteen years of age, and then drove an ox team across the plains to Pike's Peak, arriving in that wild mining country without money or friends. He em- ployed himself in mining and other occupations until the spring of 1861, when he retraced his steps back to Pal- myra, Missouri.
On the 10th day of June in that year he enlisted as a private soldier in the army of the Sonthern Confederacy, and did honorable service in Company D, commanded by Jeptha Fagan, of the First Missouri Infantry Regiment, commanded by Colonel John S. Bowen, until the memor- able fall of Vicksburg. After this surrender-at which place he was made prisoner of war-young Johnson con- sented to take the oath of allegiance and returned to Missouri.
In the spring of 1866 Mr. Johnson returned to Colorado and opened a small store at CaƱon City. Being an active worker and possessed of the highest integrity, his trade increased rapidly, and he became one of the leading
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HISTORY OF MONTANA.
The cumbersome machinery of the district courts, which required them to exercise juris- diction in a double or triple capacity, and to act as United States circuit and district courts for causes arising under the constitution and laws of the United States, with separate officers, grand and trial juries, processes and forms of practice and procedure, and at the same time to hold Territorial district courts with separate officers, grand and trial juries, processes and forms of practice and procedure, for causes arising under the laws of the Territory, ren- dered the situation complicated and required time, study and patience to produce efficient action.
business men of the town. In 1882 he returned to Mis- souri, purchased a farm, and also engaged in merchan- dising at Monroe City, until 1887, in which year he came to Montana and purchased a ranch in Bitter Root valley, near the present site of the town of Hamilton. Ile re- sided in the city of Helena two years. In the spring of 1890 he built the first storehouse and opened a general merchandise business in the now thriving and busy town of Hamilton, which has grown to a population of more than 1,000 souls. Mr. Johnson has built up a large busi- ness here, the trade of the town extending over a vast area. His goods are purchased at New York, Boston, Philadelphia, Chicago and San Francisco. In addition to his mercantile interests, Mr. Johnson owns valuable real estate at Hamilton, Stevensville, Missoula, IFelena and other places, and loans some money.
In political matters he has been a life-long Demoerat, and has had the honor of being elected as County Com- missioner of Missoula county, an office which requires good exeentive and financial ability. When the county of Missoula was segregated and the county of Ravalli created, Mr. Johnson was named in the enabling act of the Legislative Assembly as one of three commissioners eminently fitted to settle the business between the parent county and the new one. After getting the machinery of the new county thoroughly in working order, as chair- man of the Board of County Commissioners, desiring now to give his undivided attention to his own business inter- ests, he resigned the office.
In 1865 Mr. Johnson was married to Miss Judith E. Rogers, a native of Virginia and a daughter of Stephen Rogers, of Marion county, Missouri, and they have had one son, named James M., who is a young business man of ability and now employed as bookkeeper for his father.
In his social relations Mr. Johnson has passed all the chairs in the Odd Fellows' order. As a citizen and busi-
The term of office of the justices of the su- preme court was four years, unless sooner re- moved for cause by the president. The gov- ernor, secretary, marshal, United States dis- triet attorney, surveyor general, collector of internal revenue and of customs, and of regis- ter and receiver of the land office, were appointed by the same authority, and held for the same term and by the same tenure.
It was always a subject of complaint. and a cause of discontent in the Territories, that the people were not given the privilege of electing officers from their own numbers, and this feel- ing increased in intensity as the Territories in- creased in population and wealth. It was
ness man he has made an excellent record, and sinee coming to Montana has taken deep interest in all that pertains to her development and welfare.
On the 15th of September, 1894, at the Democratic county convention, Mr. Johnson was nominated by accla- mation as a candidate for State Senator of Ravalli county, Montana. The election will take place November 6, and as there are three tickets in the field it is impossible at the time of writing to predict the result; but Mr. Johnson is a strong candidate and will carry more than the strength of his party.
FERDINAND KENNETT, president of the Western Mon- tana National Bank, of Missonla, eame to Montana in 1867, and has been identified with Missoula since 1873. A few of the facts in regard to his life are as follows:
Ferdinand Kennett was born in St. Louis, Missouri, May 31, 1840, and claims both the Scotch and the Irish as his ancestors, his forefathers having settled in this country during the Colonial period and having participated in the great struggle with the mother country for inde- pendence. His father, Mortimer Kennett, was born in Falmouth, Kentucky, January 22, 1809; his mother, nce Mary II. Beebe, a native of Connecticut, was born October 18, 1813. They were the parents of ten children, four of whom died in infancy, and five of whom are still living, Ferdinand being the fourth born. During their early mar ried life Mortimer Kennett and his wife moved to St. Lonis, where they reared their family and where they spent the residue of their lives. He was a steamboat captain on the river for many years, and during his long residence in St. Louis he made many friends.
In St. Louis Ferdinand Kennett spent the first sixteen years of his life. At the age of sixteen he went to Ga- lena, linois, where he accepted a position as errand boy in a store, receiving $100 the first year. He continued to work for the same firm until 1862, being promoted from time to time until he occupied the responsible position of
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HISTORY OF MONTANA.
charged, and probably with considerable truth, that these offices were kept within the gift of the president to be bestowed as rewards for political service, and so it happened that though the people of the Territories had no voice in the election of a president, they were really more interested in his election than the people of the States, for the reason that he appointed for the Territories all the officers, which in the States were elected by the people.
There was also serious objection on the part of the people of the Territories, that these offices were filled by the appointment of non-residents from the States. These offi-
bookkeeper. This was the old and well-known house of Foster & Stahl. The civil war coming on, he resigned his duties at the desk, and in September, 1862, enlisted in Company I, Twenty-ninth Missouri Infantry, and was with the forces that operated along the Mississippi river. February 24, 1863, he received from the Secretary of War the appointment of Paymaster's Clerk. This appoint- ment was signed by Adjutant General Thomas. In com- pliance with his orders he was mustered out of the service and entered upon the duties of his office, in which he continued until the close of the war.
After the war Mr. Kennett went to Peshtigo, Wiscon- sin, and was there for two years, engaged in Iumbering. In 1867 he came up the Missonri river to Montana, making the trip on the Octavia, which was commanded by Cap- tain Le Barge, the pioneer steamboat captain on that river. They were thirty-two days in making the voyage. Mr. Kennett went to Phillipsburgh and was for four years in the employ of the St. Louis & Montana Mining Com- pany. In 1871 he went to Helena to accept the position of bookkeeper in the First National Bank of Helena, and in that position he remained until 1873. In 1873 he came to Missoula as cashier of the Missoula National Bank, the bank being started at that time. This position he filled in a most efficient and acceptable manner for fifteen years, until by close confinement his health became im- paired and he was forced to resign. After that he made a trip to Europe. Upon his return to Montana the follow- ing year, his health being greatly improved, he resumed business at Missoula. In May, 1889, he became one of the organizers of the Western Montana National Bank, was elected its president, and is still serving in that capacity.
In 1875, at Galena, Illinois, Mr. Kennett was married to Miss Helene A. Wierich, a native of that place, and a daughter of Dr. Augustus Wierich, who was born in Ger- many. Mr. and Mrs. Kennett have had four children, three of whom are living, namely: George II., IIelen A. and Sarah A.
cers, coming from the far East or South, were looked upon as intruding strangers --- "carpet-baggers"-men who came to reap the emoluments of office while it lasted and then to leave the country, having no interest in it. This was nnjust to the person appointed in most in- stanees, but it had the effect of making the people of the Territory deeply interested in national politics.
This precarions tenure of office was injurions to the building up of institutions, and was es- pecially detrimental to a harmonions and sym- metrical system of decisions by the courts. Mon- tana was favored in this respect, one of its
Ever since coming to Montana Mr. Kennett has taken a deep interest in its affairs, both as a Territory and a State, and with Missonla he has been prominently identi- fied, giving his support to all measures intended to ad- vance its interests. He has all along affiliated with the Republican party, but by no means is he a politician. At one time he was elected Mayor of Missoula, but while thankful for the honor conferred npon him by his fellow- townsmen, he declined to serve. He and his wife aided in the organization of the first Presbyterian Church at Missonla, they being two of its eight charter members. He was elected one of the Elders, and still holds that position. In 1868, at Phillipsburg, he was made a Mason, and on coming to Missonla he put his membership in Missoula Lodge, No. 13, and with this lodge he is still connected, being now its Treasurer. Mr. Kennett began life at the bottom of the ladder, and by honest industry and economy worked his way up to prosperity. In 1883 le built one of the fine residences of Missoula, and here he resides with his family, surrounded by all that goes to make life happy.
JOHN WILHART, a well-known stock dealer of the Beaver Head valley and a resident of Twin Bridges, has been in Montana since 1863.
Mr. Wilhart was born in Germany, September 28, 1838, the son of German parents, and was reared and educated in his native land. When he was sixteen he started out in life on his own account and emigrated to America, landing in New York city friendless and alone. His first work in this country was on a farm in New York State, for which he received his board and $6 per month. In this way he worked for two years. IIe had brought some money with him and with this and the earnings he had saved he in 1856 went to Illinois. Two years later he made a trip through Kansas and other parts of the West and in 1859 went back to Illinois. The following spring he crossed the plains to Pike's Peak with a mule team, after which he prospected from Denver to New Mexico, hauling his provisions with an ox team and him-
HISTORY OF MONTANA.
chief justices holding office for more than six teen years, one associate justice for eleven, and another for nearly nine years, while one Gov- ernor continued in office for twelve years.
Montana was also favored by the fact that members of the bar who practiced in the miners' courts and in the early days of Territorial ex- istence, and who became eminent in their pro- fession and foremost in building up the law, continued to practice throngh the Territorial period, and are still in the practice, and who, being familiar with every phase of its legal history, have taught the judges how to make their decisions correct and harmonious. Prae-
self walking most of the distance. He finally traded his oxen for a pack horse with which he returned, walking all the way, a distance of 300 miles. He spent the win- ter at Goldeu and in the spring engaged in gardening on Rallston creek, raising vegetables and selling them for a good price to the miners. Ile continued this business until 1862, the last year proving an unsuccessful one for him. Then, in company with Mr. Leslie Harlling, he secured an outfit of ox teams and provisions and together they started for Idaho. Although the Indians were troublesome that year and robbed and murdered many of the emigrants, Mr. Wilhart and his companion made the journey in safety and landed at Bannack about the mid- dle of May, 1863. He secured a claim and mined there about two weeks, during which time he was very success- ful, at times taking out as high as $500 in a day: but on hearing of the discovery of Alder Gulch, he left Bannack and went to that point where about 500 miners had al- ready congregated. He secured a claim in the gulch, which, however, he soon traded off for a horse. After prospecting for a while and not meeting with any sue- cess, he worked some at whipsawing. In December, 1863, he came to Jefferson valley and spent the winter in hunting and trapping. In the spring of the following year he and a Mr. Thomas Sours were engaged with two yoke of oxen plowing a piece of land on which they in- tended to plant vegetables. One morning before they had yoked up the cattle a man came along and attempted to confiscate their oxen, and when they objected the man shot Mr. Sours in the mouth. Mr. Sours returned the fire, his shot taking effeet in the hips of his adversary who was afterward taken to Nevada and there died of his wounds. After this Mr. Wilhart and his partner spent considerable time in prospecting. They located Prairie Gulch and many other claims which afterward turned out to be very valuable.
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