An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 76

Author: Miller, Joaquin, 1837-1913. cn
Publication date: 1894
Publisher: Chicago, The Lewis pub. co.
Number of Pages: 1216

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" Fires have swept the country here time and again since the Indians perished, and it is not nearly so well wooded as of old. Castle lake, probably from this devastation, is not halt so broad and deep as when we first found it hidden in its dense banks of verdure. We thought ourselves the first white men to look down into the lake; but General Crook, with whom I served a year later as interpreter, at old Fort Crook, east of Mount Shasta, told me that he had pursued the Modocs to that point, and had

America, first locating in Nova Scotia and subsequently coming from there to the United States and settling in Ohio. IIis next removal was to Davis county, Iowa. There he built the first water mill in that part of the State, it being located on Soap creek. Some years later he went to Harrison county, Missouri, and built a mill on Big creek in Harrison county, and in that county he spent the residue of his life and died, being seventy-five years old at the time of his death. Christian Greenough, his son, the father of our subject, was five years old at the time the family settled in Ohio. He went with his father to Iowa, and in that State was married to Miss Martha J. Lockman, a native of Indiana and a daughter of Thomas Loekman. After their marriage they settled on a farm in Davis county, and until 1857 Mr. Greenongh carried on farming and stock-raising, and also bought and sold horses and cattle. In 1857 they removed to Kansas, settled on the frontier and there continued farm- ing and stock-raising. They continued to make their home in Kansas during all the troublous times of the Civil war. Mr. Greenough enlisted in the service in 1861 and remained ou active duty until 1863, when he was dis- charged on account of disability. His next removal was to Missouri, in 1868 went to southern Kansas, and in the latter State continued to reside up to the time of his death, January 7, 1885. All these years he was engaged in agricultural pursuits. His widow is now a resident of Missoula. They had fourteen childreu, eight of whom reached maturity. Jolin, the eldest son, died in his twenty-second year; seven of the family are still living, all residents of Montana.

Thomas L. Greenough, with whose name we begin this sketch, was the second born in his father's family and is the oldest of the seven who are now living. He was six years old at the time of their removal to Kansas, and in

set up a small mound of white marble stones near there. So that it Crook's Lake."-Joaquin Miller in the San Francisco Traveler, 1893.

General Sherman, the citizen-soldier, Mon- tana's wisest and best friend of all outside her borders, meant business now, and when Red Cloud left the reservation and began to gather his Sioux by thousands on the Big Horn, he saw war not far off and pushed his troops to the front at once. Colonel Baker invaded the Black- foot country and drove the savages, after a loss to them of nearly two hundred and much prop- erty, into the British possessions. General Sheridan was directed to a kress the Sioux.

Of course there were few Indians to be found when the federal troops came into the field to fight them. They had, as usual, gone back to

hat State and Missouri he was reared and educated. He learned the trade of stone mason, and was engaged in railroad masonry for a number of years. After that he mined in New Mexico and Colorado, spent four years in the Black Hills, and while at the latter place did a great deal of contract work, sinking shafts and running tunnels. March 16, 1882, he landed at Miles City, Montana. There he was connected with the building of the Northern Paci- fie Railroad, contracting and furnishing ties. From Miles City he went to Bozeman, thence to IIelena, next to Deer Lodge, and in July, 1882, came to Missoula. All this time he continued contracting and furnishing ties. In the summer of 1883 he brought a drive of ties down the Rattle Snake river to the beautiful spot at the foot of Mount Jumbo, which he afterward purchased, and on which in 1884 he erected the pleasant home in which he now resides. Since coming to Missoula he has been engaged in sawmilling, has continued his railroad con- tracting, and has met with success on every hand. Ile was one of the builders of Union Block, and has also invested in other valuable real estate in the city. Also he is a director and stockholder in the First National Bank.

Mr. Greenough was married December 25, 1879, to Miss Tennie Epperson, a native of Tennessee and a daughter of W. C. Epperson. Her father lost his life while a soldier in the Union ranks during the Civil war. Mr. and Mrs. Greenough have five children as follows: Estella' Thomas L., Harry Paul, John Epperson and Ruth.

Politically, he is a stanch Republican. By that party he was elected to the first and second State Legislatures of Montana, and while in the Legislature served on sev- eral important committees, thus proving himself a suc- cessful legislator as well as an able business man.

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HISTORY OF MONTANA.

the reservations. A temporary peace, with much noise and sentiment on the part of peace commissions, was patched np and the volun- teers of Montana were disbanded.

The actual cost involved in calling out these citizens to do the duty of those who are paid and prepared to do our fighting was something more than a round million of dollars. But, as has always been the way of Congress in deal- ing with California and Oregon soldiers, this sum was cut down about one-half; although I am advised by merchants and others who con- tributed toward putting these men in the field, that many of them made no charge at all for supplies furnished, and that as a rule all things

CHARLES A. BROADWATER. There are vestments won from the cloisters of human achievement which lie with gentle grace upon the shoulders upon which they have fallen, and an attempt to add luster to that memory which still lingers about the life of Charles Arthur Broadwater would at this time be profane and unseemly.

His name is synonymous with that of his chosen State and echoes and re-echoes amid the movements of its af- fairs as the living factor of his past achievements. The story of his life,-rich in adventure, great in result, and marked throughout with characteristic features,-would be a tale of more than passing interest to the world at large, but iu this present day of activity a retrospective glance back through a vista of forty years, can mark but the prominent features of his life as they have passed, and must omit much which will be remembered by those who were personally acquainted with his life and move- ments.

The measure of merit becomes illimitable when we pause to consider the far-reaching influences of such men as Broadwater, and an effort to fathom its boundaries or to picture within the scope of a short biographical sketch the full extent of its lasting results falls far short,-but a trembling echo amid the pulsing tenets of the fleeting years.

It was in Virginia City, in 1863, that we first hear of Colouel Broadwater in Montana. Of his earlier experi- euces we can find but little record, or of the adventures of his trip across the plains and in ascending the Missouri river, or the time he spent at Deer Lodge before going to Virginia City. Ilere he entered into the life of the then active mining camp as a freighter, handling a pack train belonging to the firm of King & Gillette, subsequently becoming associated with Captain Nick Wall, who rep- resented John J. Roe & Company, of St. Louis, Missouri, the founders of the celebrated " Diamond R" transportation lines. Ilere it was that Colonel Broadwater first exhib-

furnished by the best merchants were put in at cost. They preferred to do it merely for the good of the country and say nothing about it, -- and I can understand that feeling well, having served in the forty-eight days' campaign of the Pit River war with only a bullet hole in my arm to pay for it. True, a soldier's pay for my services and equipments was placed to my credit years later; but I prefer to let the little sum stay there, out of respect for the memory of my Quaker father.

Early in 1872 Congress set off what is known as the Yellowstone National Park, and the sur- veying party had to have plenty federal troops. Also the surveyors of the great continental rail-

ited the qualities which afterward marked his success in his subsequent undertakings. He was general superin- tendent of the " Diamond R" lines until the spring of 1869, when Mat Carroll, George Steell and E. G. McClay purchased the outfit in the name of E. G. McClay & Com- pany, Colonel Broadwater remained as superintendent, was made a partner and continued as such until 1879. At this time the first railroads began to push their way into the Territory, and Broadwater turned his attention to contracting. His previous connection with the "Diamond R" line had made for him many acquaintances among the Government officers, and, with their influence, he se- cured a number of Government contracts. Among the first was one for furnishing the material for the construc- tion of Fort Assiniboiue: this contract was one that re- quired a great deal of executive ability to successfully carry out. The time given for its execution was limited to six months, and the bulk of the material had to be transported by team from Fort Benton. By close man- agement in this contract and a similar one for Fort Magin- nis, he cleared a great deal of money and became the leading partner in traderships at both posts. At the for- mer he was associated with Robert L. McCulloh, since cashier and vice-president of the Montana National Bauk. At the latter point he was associated with ex-State Sen- ator C. J. McNamara, with whom he was interested up to the time of his death, in various business ventures.

The transit from the superintendency of the various trains of wagou transportation to that of a railroad was natural, and, for Broadwater, very easily accomplished. Although lacking experience in the workings of a rail- road he soon acquired a familiarity with its machinery,- thus displayed a peculiarly marked ability in that direc- tion; and when J. J. Hill, of the Montana system, decided to push his operations to the coast, he selected Colonel Broadwater as his manager and local representative in the State of Montana. At the organization of the Montana

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HISTORY OF MONTANA.

road had to be heavily attended; and so it was that Montana, for the first time in her history, began to have protection while she toiled.

In the meantime, Red Cloud faced and fonght the surveyors' escort more than once. General Custer came to the front in fine style and did dangerous work, leaving his horse killed, also his orderly, in a battle on the Yellow- stone. The Sioux lost heavily here also, as he had in a previons engagement with Colonel Baker; but Red Cloud did not by any means cease harassing the surveying parties. The one ad- vantage to Montana was the diversion of the

Central Branch Colonel Broadwater was made president of the company. These positions at the head of the rail- road movements of the Great Northern system gave Col- onel Broadwater the opportunity and field for action which he desired. He was at the head and front of this great enterprise throughout its construction in the State of Montana, and in this stupendous undertaking was found equal to every emergency which presented itself. It was work to his liking, and in the war of wits which taxed to the utmost the management of an enterprise of this kind in the face of a natural opposition of a power- ful rival, he found his element. Contending with sharp, shrewd men, he became as sharp and as shrewd. His natural resources, which had become prolific through his previous years of traffic in this State, now stood him well in hand and he was never so much himself as when he had scored a point over his opposing forces. Many inci- dents of the spirited contentions between the forces of the Northern Pacific interests and those presided over by Colonel Broadwater could be cited; but where the difficul- ties seemed thickest his talents shown most brilliant and elicited the admiration of his adversaries as well as his friends. Under his supervision as president the Montana Central road from Butte to Great Falls, via Helena, and the Rimini and Marysville and Neihart branches were constructed. But it was not in the building of these short lines that the greatest service was rendered to the State by Colonel Rroadwater. It was due to his untiring and assiduous efforts that President Hill was induced to ex- tend his road into Helena and Butte, and long before President Hill had decided to build over the present routes Colonel Broadwater's active and earnest labor with him succeeded in finally having this route selected.

In this undertaking, as well as almost all others which mark the career of this brilliant life, we can see a liber- ality of effort which but displays the actual grandeur of his character. Not for himself were these tremendous undertakings pushed to completion, but for the constitu-

savages' attention from her own people to those who came prepared to fight.

The sure faith in the final construction of the Northern Pacific Railroad, the adoption and geological survey of Yellowstone Park, the presence of thousands of federal soldiers, the established certainty that the climate of Mon- tana was not temporarily or for a few seasons a mild one, but continuonsly so,-these, and the firm hold of the farmer on the plow-handles in place of the pick and shovel,-all these to- gether looked like a great, bright sunrise shouldering up from the east and shining as never before on the mountain tops of Montana.

ency for whom he labored, -- and that constituency was his State and his chosen city of Helena. To no single man's effort within the State can be traced the results which are to be seen in the undertakings of Broadwater. The hotel and natatorium are probably the most brilliant and enduring conceptions of his life, and in points of de- sign and execution but demonstrate the liberality of his humanitarian efforts. Long before the beautiful city of Helena became a city, when it was but an uncouth min- ing village resting there upon the sides of Last Chance Gulch, was this edifice and the purposes of its construc- tion first formulated in the mind of its promoter. The buildings and their surroundings are the most perfeet in their appointments of any resort in the Northwest, and stand to-day the pride of Helena and pre-eminently the chief of Montana's many attractions.

Its construction required a faith in the future of Helena which few would have possessed, and to many at the time it seemed a rash and perilous venture. The plant with its equipment involved an expenditure of some $500,000, and, with the limited population of the State at the time of its conception, carried with its construction the necessity of operating the hotel for a number of years at a great expense to the promoter.

It was probably in view of the necessity of creating a source of revenue for this magnificent resort that the idea of establishing a military post at Helena first pre- sented itself. Nor is it improbable that the previous con- nection which Colonel Broadwater had had with the Government work at Assiniboine and Fort Maginnis first encouraged the promotion of the hotel and resort at Helena. It was in the final fulfillment of this design that the Colonel undertook the great work which finally re- sulted in his death. The Montana National Bank was another institution which owes its inception to the busy brain which afterward made it one of the soundest finan- cial institutions of the Northwest. At its beginning, in 1883, it was a small concern, but under the fostering care

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CHAPTER XXIII.

THIRD CHAPTER ON THE BENCH AND BAR, BY EX-CHIEF JUSTICE WADE, OF MONTANA-CODIFI- CATION AND COMPLETION OF LAWS THE CALIFORNIA PRACTICE ACT ADOPTED-PRESIDENT GRANT'S APPOINTMENT OF CHIEF JUSTICE WADE-WARM WELCOME IN A SUPPOSED COLD LAND-THE MONTANA LAWYERS-THE FIRST GREAT MINING CASE-NEW WINE IN OLD BOTTLES-BRILLIANT LAWYERS-TERRITORIAL PROTECTION OF WATER RIGHTS-ALIEN ACT VOID-MINERAL LANDS.

1871 To 1880.

U P TO and including the January (1871) term of the Supreme Court, there had been cases concerning the capacity of water ditches as measuring the amount of water appropriated ; actions for the diversion of water; concerning the place of diversion; construing the rules and customs of miners; as to the right of tailings to flow free down a mining gulch; as to forfeiture upon failing to work mining claims; as to validity of mining rules and regulations made by the miners; concerning mining part- nerships, besides a large number of cases re- lating to real estate, possessory rights and com- mercial law.

of its able projector it soon grew into the powerful factor in the State's financial affairs which he left at the time of his death.

Here he gathered about him some of the ablest finan- ciers of the State. His old partner, Robert L. McCulloh, with whom he had been associated at Fort Assiniboine in 1891, was made cashier, and subsequently vice-pres- ident. The directorate at present includes: T. A. Marlow, John T. Murphy, Robert L. McCulloh, D. A. Cory, Her- mann Gans, Nick Kessler, II. F. Galen, Peter Larson, Henry Bratnober, R. C. Wallace, A. H. Wilder, C. J. Mc- Namara and R. S. Ford.

Colonel Broadwater's investments and business enter- prises extended in every direction. He was largely interested in other banks throughout the State, and at Great Falls and Neihart was a prominent stockholder in the First National Bank at each place and a heavy stock- holder in the townsite of Great Falls. ITis mining and cattle interests are to be found all over the State, and his wealth at the time of his death was estimated at from a

The Legislative Assembly of 1869 appointed the judges of the Supreme Court, Warren, Knowles and Symes, a commission to codify and arrange the statutes of the Territory. Of this work Warren undertook the Civil Practice Act, Knowles the Criminal Laws and Proce- dure, and Symes the General Laws. The work of Judge Knowles was most excellently per- formed, the system of criminal laws and pro- cedure codified and arranged by him having now been in force in the Territory and State for nearly a quarter of a century with but slight changes. Judge Warren made a few amend- ments to the Civil Practice Act of 1867, con-

million to a million and a half of dollars. His death was probably as unexpected to himself as it was to his State, and his many enterprises were all in that unfinished con- dition which marked out the necessity of much future work and development. His death came at a critical time in his own affairs and the affairs of the State, and in the urgent and dire need which the recent financial dis- tress engendered throughout the silver-producing districts his stalwart generalship was more than missed.

The management of these vast properties has since fallen in the hands of Mr. Thomas A. Marlow, a nephew of the widow of Colonel Rroadwater, and a young man of remarkable business qualifications. He was desig- nated by Colonel Broadwater as one of the administrators of his estate, and developed in the administration of these affairs such marked business qualifications that he was subsequently elected president of the Montana National Bank at the time of its reopening after the panic of the summer of 1893.

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tinuing substantially the California Practice Act then in force in that State. Judge Symes, who had charge of the codification of the Gen- eral Laws, which then involved what is now known as the Probate Practice Act, followed a system which required the bringing together, under their appropriate chapters and titles, all of the statutes, whether repealed or unrepealed, that the Legislative Assembly had ever enacted upon any given subject, intending to note the decisions of the courts under the repealed and nnrepealed statutes.

The work of this commission came before the Legislative Assembly of 1871-2. At that period the sessions were but forty days in length, including Sundays. The ju liciary

Mr. Marlow, ably assisted by Mr. Albert L. Smith, his efficient cashier, has taken the reins of this banking insti- tution into his hands with the determination of sustaining the reputation which was so magnificently established by its able founder, and has proved himself an able official at the head of its affairs.

The entire career of Colonel Broadwater, from his first undertakings within the State up to the time of his death, shows a well formulated plan of life. Founded on a broad basis of humanitarianism, he was a most zealous advocate of the modern movements on international prog- ress. Democratic in principle, as well as in politics, he carried his convictions into every action of his life, and when wealth smiled propitiously upon his efforts he still retained his kindly interests and genial comradship for those with whom he had labored.

Ex-Governor J. K. Toole, in speaking of Colonel Broad- water's death, says: "I have never known a death to touch a whole community as deeply as this has. Every- body seems to realize that a potent if not a dominant fac- tor in social, commercial and political life is gone. No man in this State ever inaugurated and carried to a sue- cessful issue more great enterprises than did Colonel Broadwater. None knew the people better or had more of their confidence. IIe was a man of clear foresight who knew himself and knew the way before him. IIe led the way in all he did, he was fruitful of resource, adroit in attack, masterful in defense, relentless in pur- suit. His friends are counted in every profession, every avocation and walk in life. He was lenient with those in his debt and charitable to a high degree. He was ac- customed to bestow favors in a mauner so easy, so grace- ful, so natural. that it created a pleasing sense of gratitude without any special thought of obligation. He was of gentle blood, but knew how to remember, how to resent

committee of the two houses changed or at- tempted to change the system of Judge Symes, by striking from his codification all of the re- pealed acts, or parts of acts, which it contained. But the shortness of the term and other duties prevented thoroughness of this work, and here is the source and beginning of the confusion and contradiction of our statutes. Acts that had been long since repealed were re-enacted, together with those that had been substituted for them.

The work of this commission, after having been passel upon by the Legislative Assembly, and enacted into law, is seen in the volume of laws entitled "Codified Statutes, 7th Session, 1871-2."

and how to revenge. The city that he loved and in which he lived and wrought so much ought to record its lamen- tations in silent signs of universal mourning."

Above all let it be said that he was a man and a prince among men. There are those who have acquired suc- cesses in life in the financial and political world, who may have reached to greater results, but few there are among the world's great men who occupied the place in the hearts of their constituencies that Colonel Broadwater filled in his. IIis death was mourned by all who had ever known him, and the messages of condolence from the highest tribunal in the land echoed in unison with the cry from the hearts of the very children of his State, in the same grateful, loyal, loving sorrow which bespoke that true homage from his humbler friends that was paid to his memory by the lowly as well as the great. IIis last sickness was the direct result of influenza, which laid hold upon him while in New York city. He was there preparatory to the Senatorial fight for the Helena Post Bill, in which he was much interested, and an active and zealous advocate; and it was while making this fight that he brought on a relapse of the attack, from which he had partly recovered. The bill was passed, but Colonel Broadwater had fought his last battle. He returned to IIelena victorious in his efforts, but broken in health and constitution.

When the Hotel Broadwater was reopened for the sea- son almost the entire community turned out to see him. The Colonel remained during the evening upon the hotel veranda, exchanging greetings of cheer and accepting congratulations upon the success of his efforts in Wash- ington and the hopeful outlook for the satisfactory per- fecting of his plans. This was his last appearance in public. A cool breeze had been blowing from up the valley and he retired with a severe chill which developed

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The prominent lawyers of the Territory at this time, besides those already named, were: W. E. Cullen, George May, W. W. Dixon, W. H. Clagett, James II. Brown, Joseph K. Toole, Thomas L. Napton, James E. Calloway, W. F. Kirkwood, Massena Bullard and Henry F. Williams.

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An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 76

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