An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 64

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 64

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In politics, he has been a Republican since that party was organized, his first presidential vote being cast for Abraham Lincoln, and for many years he has been an active and efficient worker for his party. He has served as Chairman of the Republican County Central Committee, is now serving his fourth term as Chairman of the Re- publican City Central Committee, was Sanitary Officer of the city one year, and has served three terms as one of the City Aldermen.

Fraternally, he is a member of the I. O. O. F., and is an active worker therein. He has been Grand Patriarch of the State of Montana, has been Grand Representative to the Sovereign Grand Lodge, and was first Captain of the Patriarchs Militant. He is the first Past President of the P. O. S. of A., and he is now President of Camp No. 18, and Grand Master of Forms of the State Camp of Montana.

The Captain's many estimable qualities and his genial- ity and cordiality make hima general favorite wherever he goes.

DR. HENRY WESTON STEPHENS, of Anaconda, Montana, was born in St. Joseph, Missouri, March 17, 1862. His father, Peter Stephens, was born in the State of Kentucky in the year 1832, a descendant of Scotch-Irish ancestry.

writing by them at that term bespeak their learning and energy. (See 1 Montana pp. 1-110.)

Justice Munson does not appear to have been in the Territory after the arrival of Justices Warren and Knowles, and in April, 1869, George G. Symes, of Kentucky, formerly of Iowa, was appointed Associate Justice to succeed him. Symes had served with distinction in the Union army during the war of the Rebellion, and though not a lawyer of large experience, he was a good student and very ambitions. He resided at Helena, Knowles at Deer Lodge, and Warren at Virginia City.

Questions of practice, to a great extent, oecn- pied the attention of the court at its December

He married Miss Pernina Crank, a native of Ohio, her people being of English origin. When the great Civil war burst upon the country, Peter Stephens volunteered his services, and, as Captain of Company B of one of the Missouri Volunteer Regiments, he served with distinction until the close of that sanguinary struggle. After the war he settled down to farming in Missouri and was engaged in agricultural pursuits there until 1882, when he came with his family to Montana. They have since been residents of Anaconda and he is now retired from active life. Their two children are Anna, wife of Charles Graham, and the subject of this sketch.

Dr. Stephens received his early education in the pub- lic schools of his native State. He began the study of medicine in the office of Dr. C. F. Knight, and subse- quently entered Ellingsworth Medical College, where he gradnated in 1882. Previous to his coming to Montana, he was for two years engaged in the practice of his pro- fession at St. Joseph, Missouri, and since 1884 he has been indentified with Anaconda, doing a general practice which has increased with the growth of the town. And while he conducts a general practice, he makes a spe- cialty of the diseases of women, in the treatment of which he has met with eminent success.

Dr. Stephens was married in 1888, on the first of January, to Miss Catharine Knight, a native of San Francisco and a daughter of Olcut Knight of California. They have three children-Lucinda, Ruth P. and Anna. The Doctor built and owns the comfortable and attractive cottage he and his family occupy.

Fraternally, he is indentified with the A. O. U. W., the K. of P., Woodmen and National Union, and for all these societies he is Medical Examiner. ITis political affilia- tions are with the Republican party, but he is liberal and independent in his views. As a skilled physician and worthy citizen, he is held in high esteem at Anaconda.

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term in 1868. At the session of August, 1869, a question of vital importance arose, which in- volved a consideration of the nature and juris- diction of the Territorial district courts under the organic aet, and as to what distinction, if any, should be made in the trial of actions at law and causes of equity. The case was that of Kleinschmidt et al. rs. Dunphy (1 Montana 118), which was a creditor's bill to set aside a mortgage as fraudulent and to subject the prop- erty conveyed thereby in the hands of the de- fendant to the payment of the judgments of the plaintiffs.

In 1867, the Legislative Assembly had enacted a civil practice act, which provided that "there shall be in this Territory but one form of civil

WILLIAM MORRIS, cashier of the Henry Elling Bank and Mayor of Virginia City, dates his arrival in Montana in 1865. During his long residence here he has gained a wide acquaintance throughout Madison and adjoining counties, and is said to be better posted on the financial affairs of this part of the country than any other man. A resume of his life will be of interest to many, and is as follows:

William Morris was born, at Northborough, England, March 2, 1842, son of John and Anna (Fox) Morris, both of England, the former born in 1814 and the latter in 1819. In 1852 the father came to America and two years later, in 1854, his wife and four children joined him here, and they settled on a farm near Tiffin, Ohio. There, the father died in 1889, in his seventy-fifth year, his wife hav- ing preceded him two years, her death occurring when she was sixty-eight. Their whole lives were character- ized by honesty, simplicity and industry, and by their many amiable qualities they won hosts of friends. Relig- iously, they were Episcopalians. After they came to America five other children were born to them, and seven of their family are still living.

William was their first born, and was twelve years old when they came to this country. Until he was eighteen, his summers were spent in farm work and his winters in attendance at public schools. Then he started out to make his own way in the world. He hired out by the month to do farm work, at first receiving $13 and board per month. In this way he continued for five years. Then he crossed the plains to Montana, driving an ox team and walking all the way. This trip was made in a train composed of about thirty wagons, and there were also other trains near theirs. At Pale creek they were attacked by Indians, who captured one of their wagons. Aside from this Mr. Morris's party met with no misfortune.

action for the enforcement or protection of private rights and the redress or prevention of private wrongs," and that "an issue of fact shall be tried by a jury unless a jury trial is waived." But the organic act gave to the district courts chancery as well as common-law jurisdiction, and the question was, whether the distinctions in the trial of an action at law and a suit in equity had been abolished. The case was tried as an action at law and special issnes were sub- mitted to the jury. The respective parties were ably represented,-Chumasero & Chadwick, Shober & Lowry, Word & Spratt, and W. F. Sanders appearing for the plaintiffs, and Wool- folk & Toole and Davis & Thoroughman for the defendant. The jury (three-fourths of the

They had left Omaha in June, rested three weeks at Salt Lake City, and reached Virginia C'ity in November.

Upon his arrival in Virginia City, Mr. Morris accepted a clerkship in the Delevan House, and remained there six months. Then he purchased four yoke of oxen and a wagon and engaged in freighting, making numerous trips in every direction all over the Territory. In 1869 he went to Willow Creek and purchased a squatter's right to 240 acres of land and the stock on it, paying for the same in cash and cattle $1,400. For four years he ran this farm himself, and to his original purchase he added until he become the owner of 600 acres, which he still owns. In 1873, after having improved this farm to a considerable extent, with buildings, fences, etc., he left it and moved into Virginia City to accept the position of Under-Sheriff of Madison county, under T. J. Farrell. In this capacity Mr. Morris served acceptably for two years, after which he was for two years engaged in the livery business and followed other pursuits up to 1879. In 1879 he became cashier of the Henry Elling Bank, in in which position he has since served, meeting with the most satisfactory success as a business man.

In 1878 Mr. Morris returned East to the scenes of his youth, and while there, January 31, 1878, was married to Miss Abigail Burnside, a native of Titlin, Ohio, and a schoolmate of his. They have six children, viz .: Clyde B., Florence A., William P., Anna V., Harry E. and Ernest R., all born in Virginia City,

Ever since he came to Montana Mr. Morris has taken a deep interest in public affairs and has affiliated with the Democratic party. For six years he served as County Commissioner of Madison county: has been Mayor of Virginia City since April, 1893. Fraternally, he is inden tified with the 1. O. O. F. Mrs. Morris is a member of the Presbyterian Church.

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number) answered the special issues in favor of the plaintiffs, and judgment was rendered aceord- ingly for the plaintiff's, subjecting the property to sale and providing for a deficiency judgment. From this judgment the defendant appealed to the supreme court of the Territory, where the judgment was affirmed, Warren, C. J., render- ing the opinion, Knowles and Symnes, JJ., concurring,-in which it was held that the Legistative Assembly of the Territory, under the organic act, had authority to provide that cases in equity as well as actions at law must be tried by a jury. On appeal to the supreme court of the United States (11 Wall.), the judgment was reversed, the court holding that the Territorial legislature had no authority to deprive the dis-

trict courts of the Territory of their chancery jurisdiction, and that in the exercise of this jurisdiction the chancellor, and not a jury, is responsible for the decree, and that this was a chancery case, tried by a jury, as would have been an action at law.

But in the case of Toombs vs. Hornbuckle et al. (1 Montana, 286), which was an action for damages and for equitable relief, on appeal from the Montana supreme court to the supreme court of the United States, the only errors as- signed being based upon the intermingling of legal and equitable remedies in one form of action, the court in effect reversed its decision in the Kleinschmidt-Dunphy case, and other cases to the same effect, or at least a majority of the

THOMAS McTAGUE, one of the prominent citizens of Deer Lodge county and for a long time connected with the able management of the Montana State Penitentiary, is a native of the city of Philadelphia, born July 24, 1853.

Mr. McTagne is a descendant of Irish ancestors. His father, Thomas MeTagne, was born in Castlebar, county Mayo, Ireland, in 1832, and was reared on his native isle. When a young man he emigrated to America and settled in Philadelphia, where he was married to Miss Mary Jor- dan, also a native of Ireland. They had two children: a danghter, who died when four years old, and Thomas, the subject of this sketch. The senior Mr. MeTagne was a contractor and builder and a man of the highest integrity of character. Both he and his wife were devont mem- bers of the Catholic Church. Some years after his death his widow became the wife of Mr. Patrick Cahalin, and is now a resident of Deer Lodge, well known and highly esteemed.

At the time of his father's death our subject was only seven months old. His early boyhood days were spent in Philidelphia, attending the public schools, and when in his eleventh year he was appointed a Congressional page and served during the session. In the fall of that year he came to Montana, making the journey by rail to Utah and thence by stage to Helena. After his arrival in Montana he was employed at herding horses in Flint creek for Patrick Dooly, for which he was paid $75 per month, and continued thus employed about a year. After that he engaged in placer mining, working for wages, in Bear Gulch, and later being employed in the quartz mines at Phillipsburg. While at the latter place he was elected Constable. IIe filled that office most efficiently and afterward was appointed deputy Sheriff. That was not long before the county was divided and Silver Bow county created, and after its division he was appointed

Under Sheriff, in which capacity he served two terms, until the first election of President Cleveland.

Under President Cleveland's administration Mr. Mc- Tague was appointed Warden of the State Penitentiary, in which position he served acceptably until the election of Mr. Harrison to the presidency, when he resigned. Eleven months after his resignation, Mr. McTague and his partner were employed by the State Board to take charge of the prison, and so faithfully have they per- formed their duties in this position that they have ren- dered the highest satisfaction to the State Board and also to all concerned, and have been retained up to the pres- ent time. The Montana Penitentiary is to-day one of the besl managed institutions of the kind in the United States.

Mr. McTagne has made investments in various indus- tries, among which are mining and ranching. He was one of the locaters of the Nevada Creek mines, and he and his partner are largely interested in both placer and quartz mines in the Champion and Oro Fino districts. They are also prominent ranchers, owning a valuable tract of land, 3,500 acres in extent, and having several valuable water rights. The ranch is named after the brand they use on their horses, "The Circle Bar." As a raiser of thoroughbred race horses, Mr. McTague has gained a wide and enviable reputation. At the last State fair, held at Helena, his stock took a foremost place in the races, his colts receiving both first and second premi- ums. The Montana Newspapers spoke of that day as the " McTague day at the Fair."

Mr. McTague is a stanch Democrat and an active politi- cian. He is President of the National Association of the Democratic Club of Montana, and is ever ready to advance the success of Democracy. He is Past Grand Master at Arms of the Knights of Pythias and a member of the Ancient Order of United Workmen.

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judges declared that they were not satisfied with these decisions, and held that the practice, plead- ings and forms and modes of procedure in the Territorial courts, as well as their respective juris- dietions, were intended to be left to the legisla- tive action of the Territorial assemblies, and to such rules and regulations as the courts might adopt (18 Wall. 652).

There does not seem to have been any occa- sion for disturbing the decision in Kleinschmidt vs. Dunphy in that of Toombs vs. Hornbuckle. One was a clear case of equity jurisdiction, a creditor's bill, filed to reach property which the debtor had frandulently conveyed, which had been tried as an action at law, before a jury, while the other was a case to recover

March 19, 1889, Mr. McTague was married to Miss Emma Wickham, a native of Wisconsin and a descendant of German ancestry. They own and occupy one of the elegant homes in Deer Lodge.

JUDGE WILLIAM J. STEPHENS, of Missoula, came to Montana iu 1866 and has since been a prominent member of her bar. A resume of his life is as follows:

William J. Stephens was born in Kingstown, county Dublin, Ireland, May 31, 1834, and is of Irish ancestry. In 1847, when thirteen years old, went to sea, and while a sailor boy reached San Francisco from Baltimore in July, 1850. The voyage was made around Cape Horn in a Baltimore merchant ship. He was then sixteen years old. He remained a week in San Francisco and went direct to the gold mines in Tuolumne county, California, and after a mining experience of ten days accepted a clerkship in a general merchandise store at Indian Bar, ou the Tuolumne river, where he remained thus occupied for eighteen months. Then he spent a year in mining in that county, during which time he accumulated about $2,000. With this capital he embarked in the grocery business at the town of Poverty Hill, a mining town, and did a successful business for six years. Then he disposed of his store, went to San Francisco, and studied law. From there he went to Virginia City, Nevada, where he continued his studies in the office of Quint & Hardy. About a year after going to Virginia City he was admitted to the bar of the Supreme Court and entered upon the active practice of his profession. In 1865 he went to Idaho, practiced until the following spring, and at that time came to Deer Lodge City, Montana. From that date up to the present time, as above stated, he has been engaged in the practice of law in Montana. He remained in Deer Lodge City three years. The second year he was elected District Attorney of the Second judicial district,

damages for the past diversion of water, and for an injunction to prevent its future diversion, and the question in the latter case was whether there could be an intermingling of legal and equitable remedies in one action.

The decision in the case of Gallagher vs. Basey (1 Montana 457), however, tried on ap- peal from the supreme court of the Territory to the supreme court of the United States, the next year, which was a case in equity for an in- junction, shows that no shadow of doubt ever onght to have been east by that court upon the decision in Kleinschmidt vs. Dunphy. Justice Field wrote the opinion of the court and with his acenstomed clearness said: " If the remedy sought to be a legal one, a jury is essential, nn-

comprising the counties of Beaver Head, Deer Lodge and Missoula. At this time there were many criminal cases, and during a term of court in Deer Lodge City, Deer Lodge county, he succeeded in making the first conviction for murder in the first degree in the Territory. It was the case of the People vs. Sullivan Mullen and Baggs, for the murder of John Smoot at MeClelland Gulch. In De- cember, 1870, he removed to Missoula, which was then a small place, but was the trading center for a large mining district, and in it there was a great deal of legal business over land and mining claims. Criminal cases, too, were not infrequent. From his arrival in this place Judge Stephens enjoyed a large and remunerative practice, by which he accumulated a sufficient competence lo retire from active practice, which he did in September, 1890.

Ile held the following offices during their regular terms: Probate Judge and ex officio County Clerk and Recorder two terms; District Attorney of the Second Judicial District of the Territory of Montana, comprising Deer Lodge, Beaver Head and Missoula counties, one term, and member from Missoula county of the first Constitutional Convention for the State of Montana. Since September, 1890, his various property interests have engaged his attention to the entire exclusion of any attempt at the practice of law.

Ile was married in July, 1869, to Miss Emma H. Tebeau, a native of St. Louis, Missouri. A record of their children, all natives of Montana, is as follows: IT. A., now a clerk in C. P. Higgins' Western Bank, married; Laura A., wife of William Buckley, resides in Seattle; Alexander 11 .; Lawrence E., lives at their parents, home in Missoula: Eleanor Frances, wife of Fred W. Strang, lives in Miss- oula: Adaline A .: Eva R., now at the Clinton Liberal Institute, Fort Plain, New York; and Alice M., now liv- ing temporarily with her mother at Seattle, Washingt m.

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less waived by the stipulation of the parties; but if the remedies sought be equitable, the court is not bound to call a jury ; and if it does call one, it is only for the purpose of enlighten- ing its conscience, and not to control its judg- ment. The decree which it must render upon the law and the facts must proceed from its own judgment respecting them, and not from the judgment of others. Sometimes in the same action both legal and equitable relief may be sought: as, for example, where damages are claimed for a past diversion of water and an in- junction is prayed against its diversion in fu- ture. Upon the question of damages, a jury would be required; but upon the propriety of an injunction, the action of the court alone

could be invoked. The formal distinctions in the pleadings and modes of procedure are abolished, but the essential distinctions between law and equity is not changed." (20 Wall. 680.)

This case settled the vexed question, though before the decision was announced there had been several decisions by the Supreme Court of the Territory, in a supposed following of the decision in Kleinschmidt vs. Dunphy, holding that legal and equitable relief could not be sought in the same action, and that there could not be an equitable defence to a legal cause of action. (See Creighton vs. Hershfield, 1 Mon- tana, 639; Woolman vs. Garringer, id., 540; Mochon vs. Sullivan, id., 470; Simonton vs. Kelly, id., 483.)

Judge Stephens is a member of the A. O. U. W., and his political views have always been in harmony with the principles advocated by the Democratic party.

JOHN C. SEIDENSTICKER, a prominent rancher of Mon- tana, residing at the confluence of Big Hole and Beaver Head rivers, came to Montana in 1868, and by his own efforts has secured a competency.

Mr. Seidensticker was born in Holstein, Germany, Jann- ary 19, 1847, the son of honest and respected German parents, and third in a family of six children. Frederick G. Seidensticker, his father, was by occupation a thatcher. In 1874, after the death of his wife, he came to America and settled in Chicago. He died in Illinois, in the seventy- third year of his age.

John C. preceded his father to this conntry, landing at Castle Garden in 1865. He was then eighteen years of age, was friendless and alone, and was unable to speak a word of the English language. Soon, however, he seenred employment and received $5 a week for cutting willows on the banks of the Delaware river, for a basket manu- facturer. Later he was employed in the factory, but fac- tory work did not agree with him and he was taken sick. Then he came west to Iowa and worked for a farmer at $130 per year, afterward was variously employed for a year at Boonesboro, Iowa, and following that he spent one year in railroad work in Nebraska. In 1868 he came to Montana, landing in Helena on the 3d of July. From there he went to Crow creek, and thence to Gallatin val- ley. In Pleasant valley he cut hay for the stage horses, receiving $6 per ton for cutting and cocking it. But he was not then satisfied with life in Montana, and his'am- bitious spirit led him still further west. He had made the journey on foot to Montana, and from here he walked to Portland, Oregon. There he spent one winter in chopping wood. In the spring, however, he returned to

Montana and to his former occupation of making hay. At the same place where he had worked before he and two other men cut 108 tons of hay, and after this he was given charge of the stage horses. That position he had for three years. Then he went to Camp creek and en- gaged in mining two years, taking out $1,300 the first year and $900 the second.

After these years of roving and unsettled life he located permanently on his present ranch. Here he pur- chased 160 acres of land and fifty-five head of cattle, pay- ing $1,000 for the farm and stock. He continued in the cattle business until 1883, since which time he has given his attention more especially to sheep, to-day being ranked with the prominent and successful mutton and wool growers. He has had as high as 300 head of cattle and 4,000 sheep. At this writing his flock numbers 3,000. To his original tract of land he has from time to time added until now he is the owner of 600 acres of rich bot- tom land. He annually cuts abont 250 tons of hay, all of which he feeds to his own stock. He was one of the original promoters of the Madison county fair, and at present is one of the principal stockholders.

Mr. Seidensticker was married March 12, 1882, to Miss Sarah Maddox, a native of Missouri and a daughter of Samnel Maddox, now of Gallatin, Montana. Mr. and Mrs. Seidensticker have three children: Frederick, Nettie and John.

He was reared in the Lutheran faith, and in politics is a Republican. An intelligent, honest, hard-working man, he is richly entitled to the prosperity that has attended his efforts in Montana.

ALVA J. NOYES, County Assessor of Beaver Head county, Montana, residing at Dillon, is a native of the State of Minnesota, born in Minneapolis, December 2, 1855.

HISTORY OF MONTANA.

But in the case of Mantle vs. Noyes (5 Mon- tana, 284) the doctrine as announced in Gal- lagher vs. Basey was followed, and the court, by Wade, C. J., says: "This is a suit in equity to quiet title. The decree emanates from the judge sitting as a chancelor, and he is responsible for the decree. In actions of this character the

judge may try the case without a jury or he may submit special issues to the jury, but their findings of fact are not binding upon the chan- cellor. He may adopt or disregard the findings of the jury or make findings of fact of his own, and render a decree thereon." (See Beck vs. Beck, 6 Montana, 318.)

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An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 64

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