USA > Montana > An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens > Part 79
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Their journey was long and tedious, and was not unlike that made by many other emigrant parties about that time and later on. At Salt Lake they disposed of their wagons, and from there to Sacramento the journey was made with pack animals, the distance between these two places being covered in fourteen days. One member of their party accidentally shot himself and was buried by the wayside.
It was on the twenty-second of July that Mr. Gardener and his party landed in Sacramento. Sacramento at that time had only one wooden building. Mr. Gardener was offered work at his trade there at $16 per day; but he had gone to California to seek for gold in her mines, and even that large salary was not sufficient to allnre him from his purpose. He mined on Yuba river, sometimes getting as high as $100 per day. In company with others, he helped to turn the course of the Yuba river and in its old bed he found considerable gold. From there he went to Coloma, and in a similar enterprise sunk his money. At one time he had about $5,000 in gold dust. This he loaned out and the gentleman to whom he loaned it lost all his property by fire. Thus were fortunes made and lost. The miner's financial status was indeed an uncertain one. Mr. Gardener mined again and subse- quently purchased a boarding-house at Sanders' Bar, on the Yuba river at the month of Deer creek, where he remained three years and made considerable money. Afterward he was engaged in some other mining oper- ations in California, which, however, was unsuccessful, and he then went to Sacramento and thence to San Fran- cisco, and from there directed his course to Idaho, where he continned mining with only moderate success.
In 1862, learning of the discovery of gold at Bannack,
owner of property which if forfeited at all must belong to the United States.
Belonging to the same period is the case of McCauley vs. Gilmer (2 Montana, 202) which settled the law for Montana as to the necessary averments of a complaint in an action in the nature of ejectment, in which case, Servis, J., speaking for the court, held that the only facts necessary to be alleged in the complaint are that the plaintiff is seized in fee or for life or years, as the case may be; that the defendant was in possession at the time of the commence. ment of the action and that he withholds posses- sion of the property.
The cases of Chinasero et al. vs. Potts et al .; Lawrence vs. Hickman, Sanders vs. Star and Shober vs. Calloway (2 Montana, 242), which
he and others started for this point, which they reached after much difficulty. News had just been received at Bannack concerning the discovery of gold at Alder Gulch, and as soon as they had rested sufficiently they turned their steps in that direction, landing there in June. Mr. Gardener secured two claims, No. 1 above the town and No. 1 below it. He and two others mined together for two years and took out $8,000. He was at Alder Gulch during the whole of the road-agent excitement and saw five of the desperadoes hung. In 1864 he and his partners went to German Gulch, where they mined until 1869, taking out $12,000 a year every year exceptone, and then they got $5,000.
In 1869 Mr. Gardener sold his claim and took up 160 acres of land where he now resides, nine miles west of Butte City. To this tract he has since added until he is now the owner of 600 acres under fence, and also has a large free range besides. Here he is raising fine Dur- ham cattle and Belmont trotting horses. As a rancher he has met with marked success.
Mr. Gardener was married in 1868 to Miss Susan Town- send of Athens, Ohio, and they have two sons: Charles T., born at German Gulch, and Turner M., born on the ranch.
Since 1848 Mr. Gardener has been a member of the I. O. O. F. Politically, he is a stanch Republican, and for four years he served as Postmaster of German Gulch. He is active in church work and is Sunday-school superin- tendent at Silver Bow. In speaking of his early experi- ence here, Mr. Gardener says that after he had spent seventeen years in the wild West he returned to Ohio on a visit, this return trip costing him $350. It was made by flatboat and stage and a part of it on foot.
Heller M. Bickford
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HISTORY OF MONTANA.
involved the removal of the capital of the Ter- ritory from Virginia City to Helena, and which were tried and determined at the January term, 1875, of the Supreme Court are of great his- torical interest, besides the legal questions de- termined and the precedents thereby established. It is most unfortunate that the briefs and argu- ments of counsel (W. F. Sanders, Johnston & Toole, and Chumasero & Chadwick, represent- ing the cases for the Helena side; and Samuel Word, J. G. Spratt, H. F. Williams, II. N. Blake and C. W. Turner, that of Virginia City), in the eases do not appear in the reports, for not in the judicial history of Montana is there anything more learned or able. Every
WALTER M. BICKFORD, Missoula, was born at New- burg, Maine, February 25, 1852. He attended the com- mon school of his native village, and afterward the Bucksport Seminary and the Maine Central Institute, at Pittsfield, Maine. He went to Pennsylvania and studied law under Colonel George H. Bemus, at Petrolia, being admitted to the bar at Butler, Pennsplvania, in 1878. In 1880 Mr. Bickford went West, locating in Robinson, Col- orado, where he successfully practiced his profession. Here he was elected City Attorney, serving his city in this capacity nearly four years. In 1884, he moved to Montana, locating at Missoula, where he now resides.
Mr. Bickford has forged his way rapidly to the front in Montana, and is to-day one of the best known men in the State. Besides winning laurels at the bar, he has made good ventures in real estate and mining, and has been quite successful in these operations. In 1888, he was elected to the Territorial Council, from Missoula county, serving with distinction in that body, and receiv- ing the recognition as the leader of the Democratic fac- tion. He also served his county in the constitutional convention of 1890, and the same year received the Dem- ocratie nomination for Associate Justice of the Supreme Bench of the State, suffering defeat with the rest of his ticket.
In 1892 he was appointed Commissioner of the World's Columbian Exposition, for Montana, and ably discharged the duties pertaining to this office, rendering excellent service for the State in this trying capacity.
Mr. Bickford was married in 1878, at Jamestown, New York, to Miss Emma S. Woodford, a grandniece of Pres- ident Fillmore. From this union there has been one daughter.
Mr. Bickford is now a resident of Missoula county, where his extensive business interests receive his atten- tion. His activity and eminent qualifications which have 25
authority within reach or that could be obtained on either side was presented. The publie pulse was feverish and excited. In 1869 there had been a vote by the people of the Territory upon the question of removing the seat of govern- ment from Virginia City to Helena. It was claimed that the vote showed a majority in favor of Helena, but as the returns unfor- tunately were burned after reaching Virginia City, before they had been canvassed, there was no means of determining officially how the vote stood, and so Virginia City retained the capital.
The aet of February 11, 1874, authorized another election upon the question of removing the seat of government to the town of IIelena,
bronght him to the front in the political movements of the past but bespeak the quality which will doubtless win for him the appreciation of his party in the future. He is still a young man, an active participant in the politi- cal movements of the present campaign, and will doubt- less always hold a front rank in the administration of affairs from his section of the State.
MATTHEW DORRITY, a hardware merchant of Marys- ville, was born in New York city, in 1853. His father, Hugh Dorrity, was a native of Ireland, where he was reared to manhood and learned the machinist's trade. He was married in his native country, and in 1846 came with his wife to New York. They were the parents of nine children. The father died in Oneida county, New York, at the age of sixty-seven years, and his wife sur- vived him only a short time.
Matthew Dorrity, the fourth child in order of birth in the above family, was raised in North Western and Boon- ville, Oneida county, New York. He arrived in Montana in 1877, and, being a natural machinist, followed that occupation in Lewis & Clarke county. IIe has the honor of erecting the first engine ever brought into the mining district of Marysville, and also blew the first whistle, the sound of which resounded in the mountains and valleys of this rich mining district, and was a prophecy of the great mining results that were to follow in the neighborhood of Marysville. Mr. Dorrity continued in the machinery and mining business until coming to Marysville, in 1883, then conducted a general mercantile store four years, afterward prospected for gold and silver mines, and now has several good claims within fonr miles of Marysville. In 1892 he built his present hard- ware store. ITis property is located on Main street, north of the depot. Mr. Dorrity carries a general line of hard- ware, tools and stoves, and in connection with his store also does plumbing and roofing.
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which election took place the following August. The canvass of the ballots by the county com- missioners and abstracts thereof by the county clerks of the several counties had shown a majority of ballots in favor of Helena of 912. Certificates of the canvass and a copy of the abstract of the vote in each county were re- quired to be sent to the secretary of the Ter- ritory, and from these certificates and abstracts the secretary and the United States marshal in the presence of the Governor, were required to ascertain the result of the election. It was known by the canvass of the commissioners and the abstract of T. E. Collins, county clerk of Meagher county, that the vote of that county
Mr. Dorrity was married August 19, 1882, to Miss Nellie O'Brien, a native of Chicago and a daughter of William O'Brien, also of that city. Mr. Dorrity is independent in political matters, has served as Deputy Sheriff of the county, under Sheriff Kilpatrick, and is now Supervisor of Roads of his district.
WALLACE D. DICKINSON, prominent among the citizens of Great Falls, has the management of the Boston & Great Falls Land Company, of the Boston Electric Light & Power Company and of the Great Falls Street Railway Company; so that it is seen that he is a potent factor in business interests of vital importance in the growth and development of the city.
He is a native of the State of New York, born at Ma- lone, in 1852, of ancestors who came from England to America and settled in Vermont. His father, II. G Dick- inson, was born in Bangor, New York, and was for many years generel agent for the Santa Fe Railroad Town-site Company, in Kansas and Colorado, and later was general manager of the San Diego Land and Town-site Company. He married Miss Sarah King, of his native town, and all of their five children are living. Mr. Dickinson died in 1892, and his wife still survives him, residing in National City, California.
Wallace D., the eldest child, received his education in the publle schools of New York and in the Brooklyn In- stitute, graduating at the latter in 1871. He then turned his attention to civil engineering; was for three years connected with the North Pacific Railroad; in 1871 was employed on this line of road in Montana; and was for three years in Duluth, Minnesota, in the freight depart- ment of the road. Next he spent ten years in Topeka, Kansas, in the employ of the Santa Fe Railroad Company, as their agent most of the time, but for two years had charge of a carpet and furniture store in that city. In 1886 he went with his father to San Diego and was gen- eral sales agent and partner of the firm of C. E. Ileath &
had resulted as follows, viz .: 561 ballots in favor of Helena and 29 ballots in favor of Virginia City, but upon opening the abstract of the returns from that county in the presence of the Governor, thirty days after the election, as required by law, it was found that by mis- take, or otherwise, these figures had been trans- posed, and that by the return and abstract of the vote for that county there had been cast for Helena 29 ballots, and for Virginia City 561 ballots, the effect of which was to give a ma- jority of the ballots cast at the election in favor of Virginia City for the capital.
The people remembered the failure of the election in 1869, and when they learned of this
Company. During his connection with the firm they did a very extensive business, having in charge nearly all the town-site sales.
In 1890 he came to Great Falls to accept his present position. When he arrived the street railway and elec- tric-light plants were in their infancy, and since that time he has given his undivided attention to them. He oper- ates eight and a half miles of single track of electric rail- way, and has seven motor cars and four trail cars, which carry about 40,000 passengers per month. The power is derived from the Black Eagle Falls through the electric -. light station there, the power being transmitted by turbine wheels in the basement to the dynamos above, and the building, which feet in diminisions. The plant is an 1,100-horse power, is a brick structure, being two stories high, and 40 x 160 and is using half of it at present. The company are supplying 150 arc lamps and 3,900 incan- descent lamps, besides a number of power motors.
Their land interests consist of 500 acres, the East Side addition to the city, just opposite the smelters. Only a part of the property is yet platted, on which are about eighty cottages and 400 other residences. The Central Avenue street railway runs through this addition, giving half-hour service to the center of the city. Water pipes and electric lights extend through different streets of the addition. Mr. Dickinson is still a large property-holder at San Diego and National City, California. Since com- ing to Great Falls he has been fully identified with her growth and improvement. His management of the large interests of which he is superintendent has given the highest satisfaction. Such has been his business record in this city that he and his family are among the most esteemed citizens.
Ile was married in 1880 to Miss Marion Wood, a native of Galesburg, Illinois, and they have three children: Adelaide, May King and Arthur Wood.
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HISTORY OF MONTANA.
remarkable transposition of the figures in the abstraet from Meagher county it is not at all strange that they were excited. Naturally there were charges of crime and forgery. The count by the commissioners of Meagher county and the abstract of the note made by the county clerk had been published, the result had been known for thirty days, Helena had received a majority of 532 votes in that county, but the return and abstract when it reached the capital gave to Virginia City a majority of 532 votes in Meagher county.
It was contended that the only power pos- sessed by the Territorial canvassing board was to count the vote as shown by the abstracts,
THE STANDARD FIRE BRICK CO., an enterprise that has done much to advance the growth and development of Anaconda and vicinity, was organized in 1886, Mr. Mar- cus Daly being one of its principal founders. The plant cost $80,000.
Before this enterprise was established, many hundred thousand dollars went ont of Anaconda annually for building material, some of the fire brick used in the fur- naces here being imported from Europe at a great cost. Clay of the best quality for all kinds of building and fire- brick purposes is found near Anconda, and now the Stand- ard Fire Brick Company turns out as good brick as is made anywhere in the world. Its prodnet includes brick of all shapes and dimensions, and also the celebrated silica brick, which has the reputation of standing fire better than any other brick made. The capacity of the works to manufacture red brick is 65,000 per day. One hundred and fifty men are kept constantly employed. Thus the enterprise has proved a source of wealth to its projectors and of great value to the city, both in supplying building material and in furnishing employment to wage workers.
Mr. George Perry, a man of ability and experience in the business, is the company's foreman, and to his efforts is due much of the success of the enterprise. Further mention of him is found elsewhere in this work.
GEORGE PERRY, foreman of the Standard Fire Brick Company's works, at Anaconda, Montana, was born and reared in England, and there served an apprenticeship to the business of manufacturing brick and also to the trade of bricklayer.
In 1867 Mr. Perry emigrated to America and settled in Norristown, Pennsylvania. A man named Player had a patent right on a furnace in this country, and sent to the old country for Mr. Perry to be foreman for him. From Pennsylvania he went to Chicago, where he engaged in bricklaying, being employed in the erections of many of the large structures of that city. Next we find him in
even though the abstracts by means of mistake, fraud or otherwise, were known to be false, and that the canvassing board possessed no power whatever, after the expiration of the day appointed by law for canvassing the vote.
These suits were commenced in the Supreme Court, under a statute of the Territory, giving to that court jurisdiction in mandamus pro- ceedings, to have determined whether or not the canvassing board could be required to a-certain the true and correct vote at the election, or whether the court, ascertaining from the proof the correct vote, could require the Governor to declare the result by his proclamation. These cases were against the Territorial canvassing
Ogden. There he was engaged in contracting and build- ing for a number of years. In 1884 he came to Anaconda and has since been identified with this place. He built the furnaces for the Standard Fire Brick Company, and also did other work for the firm, and when they learned that he was an experienced brickmaker they employed him as foreman of their factory, in which position he has since continued, rendering most efficient service, and proving himself to be the right man in the right place.
Mr. Perry was married in 1866, to Miss Lucy Bashford, a native of England, who came with him to America soon after their marriage. They have thirteen children, of whom ten are living, three of the daughters being mar- ried. Mr. Perry and his family have one of the most pleasant homes in Anaconda and are among the most respected people of the town.
He supports the Republican party, and is a member of the I. O. O. F. and the National Union.
JOHN W. TILTON. one of the leading merchants of Bozeman, Montana, is another one of the representative citizens who is entitled to personal mention in this work.
Mr. Tilton was born in Ashland county, Ohio, in 1843, son of Samuel and Mary (Ramsey) Tilton, both being descendants of pioneer families in Ohio, and Samuel Tilton being one of the well-to-do farmers of Ashland county. The Tiltons originated in England. while the Ramseys descended from the Irish. Grandfather Tilton was a soldier in the Colonial army during the Revoln- tionary war and was present at the surrender of Corn- wallis at Yorktown, Virginia. John W. Tilton has one brother and two sisters.
Soon after attaining his majority the subject of our sketch started out on his own responsibility, going to St. Louis, Missouri, in 1864, where he secured passage on the steamer Welcome, commanded by Captain Town- send, and bound for Fort Benton, Montana. The time occupied in making this trip was seventy-six days; fare,
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board, the Governor, the Anditor and the Treasurer, who had their offices in Virginia City. As they were in every way similar the cases were tried together. To the petitions of the relators it was objected by motion and de- mnrred.
First: That the Supreme Court had no juris- diction to issue a writ of mandamus; no original jurisdiction, and that the act of the Territorial Legislative Assembly conferring such jurisdic- tion in mandamns proceedings was null and void, as being contrary to the organic act.
Second: That the relators, being private citi- zens, had no right or capacity to invoke the writ.
Third: That no demand had been made prior to the application for the writ.
$150. At Fort Benton he joined a party consisting of Maj. Graham, J. C. Ramsey and a Mr. Keblinger, and together they purchased pack animals and proceeded to the south side of the Missouri river on their way to Virginia City, crossing the Belt mountain range and going down Eldora Gulch, where in after years the famous rich placers were discovered. The first settlement they struck was Gallatin. Mr. Tilton spent two years mining at Alder Gulch, but as he met with only fair success he decided to leave the mines and turn his attention to agricultural pursuits. Accordingly he came to the Galla- tin valley and located near the old town of Hamilton, on the West Gallatin, where he and J. C. Ramsey each took claim to 160 acres of land. The first two years their crops were nearly all distroyed by frost, and the two years following the grasshoppers became a destructive pest and destroyed all vegetation in this locality. Thus having had four unfortunate years on the farm, he de- termined to try the mines again and went to Wilson creek, twenty-five miles south of Helena, where he oper- ated with fair success for two years. At the end of that time he sold his mining interests and came to Bozeman. Here he engaged in the dry-goods and general merchan- dise business, being in partnership with A. M. Tanner. Seven months later he sold his share in the establish- ment, purchased property in the eastern limits of the town and erected a frame building thereon in which he conducted a mercantile business for four years. Then he purchased the fine business corner on Main and Rouse streets, where in 1887 he erected his present modern business block, 44 x 110 feet, two stories and basement, at a cost of $30,000. ITere he is doing a large cash business
Fourth: That the court did not have anthor- ity to control the executive by mandamus.
Fifth: That the act of the Legislature re- quiring of the Governor, Secretary, and Mar- shal the service of canvassing the vote of the Territory at a general election, was a require- ment unknown to the organic act and in viola- tion of the provision thereof prohibiting federal officers from holding a Territorial office, and therefore, that the act imposing the duty of canvassing such vote upon federal officers was void.
These propositions were of vital importance, for if the petitions of the relators were sustained their cases were substantially won, for upon the facts there was no room for doubt, and if the court had no jurisdiction, or the relators no right, that was the end of the proceedings.
in general merchandise, hardware, etc., in fact handling everything except dry goods. His magnificent store building is handsomely finished inside with hard woods. The columns at the main entrance are Massachusetts polished granite.
In speaking of his early experience in Montana, Mr. Tilton remarked that when he landed in Virginia City his cash capital was just fifteen cents. Produce of all kinds was high in those days. Flour sold at Virginia City in 1864 at $1.25 per pound; potatoes fifteen cents a pound; salt, fifty cents a pound. After he settled in the Gallatin valley there were two weeks that he lived on meat and potatoes; flour could not be had at any price. The year of General Custer's massacre Mr. Tilton spent three months with General Gibson down on the Yellow- stone, in the employ of the Government, being in the transportation department.
Mr. Tilton was married in 1878 to Miss Mary Thomp- son. Her parents reside in Christiania, Norway. She is a member of the Presbyterian Church.
In his political views Mr. Tilton is independent to a certain extent, but usually affiliates with the Democratic party. His success in his life and his present financial standing give ample evidence of his business ability.
BENJAMIN PIZER, one of the old-time merchants of Montana and one of the oldest business men of Phillips- burg, was born in Poland, December 15, 1848.
When in his eighteenth year he was married to Miss Jessie Silverman, a native of his own country, and not long after their marriage they emigrated to America, sailing from Europe, April 15, 1868, and landing at New York after an ocean voyage of seventeen days. From
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These propositions were argued pro and con for four days, and then the judges, besides what study and investigation they had given to the questions during the progress of the argument, were in consultation one day; and during the following night and the morning of the next day, Wade, C. J., wrote the opinion of the court (Knowles, J., conenrring; Servis, J., dissenting), and at two o'clock in the afternoon, read the opinion in which it was held that the act of the Legislative Assembly conferring original juris- diction in mandamus upon the Supreme Court was valid; that the court had authority to issue the writ; that the relators, as private citizens, had the right and capacity to petition for the
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