An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 81

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 81

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Mr. and Mrs. Humber have six children, namely: Mary Bryan, wife of D. S. Fotheringham; Mattie Gano, wife of Ilon. Edward Scharnikow, resides in a beautiful home

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HISTORY OF MONTANA.

eral lands to exploration and purchase, and also to enable those who had already made discover- ies and located claims to acquire title to their property. The situation was similar to that where towns and cities grew up on the public lands, as they did in all the mining regions, and Congress had to provide the means by which the occupants and claimants might obtain title to their lots.

The act of Congress of July, 1870, also recog- nized the miners' rules and regulations and pro- vided for acquiring title to placer mining claims. Up to that date the chief business of the Terri- tory had been placer mining, and the most im- portant litigation had relation to that kind of mining and to water for that purpose.

There was litigation concerning the discovery

and location of quartz-lode claims, but the cost of transporting the heavy machinery necessary for that kind of mining overland, for long dis- tances, by ox and mule teams, in the absence of railroads, caused quartz mining to take a sec- ondary place so long as the placers afforded opportunity for profitable mining.

But though the conditions continued unfavor- ble, the new system concerning the discovery, location, representation and obtaining patents for quartz-lode mining claims, inaugurated by the act of Congress of May 10, 1872, gave an impetus to that kind of mining before unknown.

It was an untried system and the task was imposed npon the judges and lawyers of the mining regions to so interpret and expound the act as to carry into effect the intention of Con-

adjoining her father's residence; and Robert Hart, Jessie Lee, Lillian Henley and Rollyn Raymond, at home.

Both Mr. and Mrs. Humber are members of the Chris- tian Church.

HIRAM M. THOMAS, one of the most successful farmers in Flint Creek valley, has been a resident of Montana since 1865.

He was born near Niles, Michigan, October 11, 1838, and is of Scotch and Welsh extraction. His father, Eze- kiel Thomas, was born in Ireland, in 1806, and his mother, nee Mary McCartney, was born in Ohio, and her mother, a native of America, was of German descent. After their marriage, his parents removed to Indiana, where they took claim to a tract of land and which they sold after having made some improvements upon it. From there they removed to Fillmore county, Minnesota, where the father resided up to the time of his death, which occurred in 1890, in his eighty-fourth year. His first wife died at the age of thirty-five, leaving six children, of whom only three are now living, and was afterward married again.

Hiram M. was the fourth born in his father's family. He was reared in Minnesota, receiving his education in the district schools, and remaining at home until he was twenty years of age. He then started across the plains to make his fortune and a home in the far West. Leaving Minnesota on the 20th of April, he was five months and a half on the journey, traveling with a horse team and con- tinning on until he reached southern Oregon. There be mined for two years. Afterward he was engaged in min- ing in Idaho. He was at the Florence diggings in 1862-3, and was also for a time in Placer county, California. In 1865, as above stated, he came to Montana, making the ourney here with pack animals. Up to this time he had

made but little money. He was, however, rich in expe- rience. He first located in the Blackfoot country, where he mined two seasons for wages, at $6 per day, and saved all he could. From there he came to Pioneer, and be- came interested in placer mining, remaining at Pioneer until 1870, and making some money there. He then came to his present location and took claim to a tract of land and engaged in raising cattle and horses. Prosper- ity attended his efforts, and as the years passed by he added to his original tract, and at this writing his farm comprises 1,100 acres. In 1886 he built a nice residence on his property. From time to time he has made other valuable improvements here, and to-day his farm is one of the finest in the State. Seeing the need of keeping a better grade of horses than were being raised here, he purchased blooded trotting horses, and later Norman Per- cheron and Clydesdale stock, and in this way has done much to improve the grade of horses in this part of the country. He was the owner of "Live Oak " for a num- her of years, and finally sold him; he afterward was sold for $3,000. This horse was the sire of many valuable horses.

Mr. Thomas was married February 5, 1868, to Miss Anna Mariah Williams, a native of England. She came to America with her parents when she was eighteen months old. Mr. and Mrs. Thomas have had three chil- dren, namely : Ella, now Mrs. Solan M. Hughes; Mary Elizabeth, who died in childhood; and George W., who is attending college.

In his political views, Mr. Thomas is a Repulican. He is a member of the A. O. U. W. A man of honest indus- try and sterling integrity, he is every way deserving of the success which has crowned his efforts in this fertile valley.

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gress in enacting it, and to stimulate this new industry in the country to which the law was applicable.

Montana is situate in the midst of that coun- try, in the very heart of the mineral region, and no State or Territory has done more, by the decisions of its courts, to build up and to perfect this system of mining law.

Like any other system of law, written down in the form of a statute, this mining act of May, 1872, was but the framework of the sys- tem, a foundation upon which the courts were to build in adjudicating rights arising under the statute.

It would be better in every statute to provide for every possible ease to arise under it; but, as this would require infinite vision, no such stat-

JESSE HASTON .- On the corner of Eighth and Palmer streets, Miles City, Montana, is the beautiful and commo- dious residence of one of the leading cattle men of Custer county, Jesse Haston. His home is surrounded with a beautiful and well-kept lawn. He is one of the leading Democrats of the Jeffersonian school, and in 1892 was the regular nominee of the Democratic party on the State ticket for State Treasurer, and shared the fate of the entire ticket, which was defeated by a very small majority.

Ile was born at Glasgow, Howard county, Missouri, in 1841, a son of Jesse and Elizabeth Haston. His father was a well-to-do farmer who removed from east Tennes- see to Missonri in 1818, when the people of that State had still to live in forts to protect themselves from the Indians.

Jesse grew up on his father's farm, being educated at the common schools and at Central College, Fayette, Mo. When of age he still remained on the old farm for a number of years, but later he engaged in purchasing and shipping tobaccco; but, not being very stout physically and having had financial reverses, he determined to try his fortune in the West; so, with poor health and as little money as health, in the year 1879 he turned his steps westward, and on the first day of August of that year, at Camp Sheridan, Nebraska, he entered the employment of the Niobrara Cattle Company as a "cow-boy" and the "teuder-foot" of the outfit and, by hard work and always being faithful to the trusts confided to him, in a few years, having passed through all the phases of cow-boy life and the cattle business, he became manager of the company. In 1890, at Holden, Missouri, he was married to Miss Ida MeMelan, who was born in Toronto, Canada, aud came with her parents to this country when a child.

ute will ever be enacted, and time and experi- ence only can bring to light the complications and questions to arise. And so, the mining law under this statute, has been a growth, every decision adding to the structure; and in this work the courts of Montana have done and are doing their full share. In the beginning there were no precedents: every question was new and every decision a pioneer.

What is a discovery, and when sufficient to authorize the location of a mining claim on a vein or lode? What is the apex of a lode, and of what consequence is it? How must the claim be marked or designated on the surface of the ground? What kind of a title is acquired by a valid location? What are the consequences of making a location that does not extend along

She is a member of the Presbyterian Church. They have two bright little girls: Jessie May and Katharyn Seymour.

Mr. Haston is a man who takes a deep interest in all matters of a public nature that are for the good of the community in which he lives, and is ever ready to do his part as a good citizen or neighbor.

JOHN R. GERDTS came to Montana in 1868, and is now one of the well-known and highly respected citizens of Deer Lodge.

He was born in Germany, March 29, 1838; was educat- ed in his native land and there learned the carpenter's trade; and in 1858, when ouly eighteen years of age, set sail for America in the ship Othella, making the voyage in fifty-eight days, and landing in safety at New York eity-a stranger in a strange land and not knowing a word of the language of the country to which he had come to make his home. His first work here was in a grocery store, at $4 per month, and he remained thus employed fourteen months. Then he went to New Or- leans, where he secured work at his trade on Rebel gun boats, at $2 per day, and remained there until the war began. He made several trips at sea, and, learning that the Rio Grande was a good place for carpenters, he went there and remained until after the death of President Lincoln. He then took passage to New York, where he remained until he had spent all his money, and he then shipped as carpenter on a steamer bound for New Or- leans, from which port he subsequently made several sea voyages.

In 1866 Mrs. Gerdts crossed the ocean and joined him at New Orleans, where they were married on Christmas Day of that year, the marriage ceremony being perform- ed in South Church. Two months later they removed to

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the vein or lode? When do the side lines of a location become the end lines (which must be parallel and vertical, drawn downward,) whereby the locator or owner is prohibited from follow- ing his vein or lode outside of his side lines? For what length of time does representation protect a claim? How are the rights of adjoin- ing and conflicting claimants and locators to be adjusted.

All of these and many other questions of the most complicated and intricate character have arisen under the statute, and new questions are constantly coming before the courts for adjudi- cation.

On a mountain side, or in a tract of country filled with quartz veins and lodes, running par- allel, crossing, intersecting, how are the rights

Shreveport, where they made their home until, on ac- count of her failing health, they sought a change of cli- mate and came to Montana. They started north on the 1st of May, 1868, from St. Louis, made the journey up the Missouri river to Fort Peck, and from that place was a month in making the trip with ox teams to Fort Benton. They continued on to Helena, where he was employed in work at his trade, at $6 per day. The next sping he started for the Cedar Creek stampede, but met people returning who told him not to go; and for two seasons he remained near Pike's Peak.

In 1870 they took claim to 160 acres of land at the mouth of Rock creek, near where Garrison now is. Here they built a home and made improvements and later sold out at a profit. Then they went three-quarters of a mile west of their first claim and took up another 160 acres, and began again the work of improving a farm. They lived in a stable here a year before they built their house. In 1877 he took 300 head of cattle to the Black Hills. She accompanied him and drove the team all the way, the journey requiring four months' time. The snow was deep, the Nez Perces Indians were on the war path, and the trip was attended with many hardships and dangers; but they reached their destination in safety and sold their stock for a price that gave them their first real start in money-making. In the spring they returned to their farm and he made another similar trip, while Mrs. Gerdts went back to Germany and brought her aged mother to this country. IIer mother filed claim to 160 acres adjoin- ing theirs, and lived with them up to the time of her death. They resided on their land until the building of the Northern Pacific railroad, when they sold out to the railroad company for $3,000, Mrs. Gerdts retaining some town lots which she still holds. It was expected that a

of adjoining owners of these mining claims to be adjusted and determined, when there is nothing on the surface to indicate the apex of the vein or its pitch, or course? There is noth- ing more difficult or requiring more skill and knowledge of law, geology and engineering to properly determine and adjudicate than these underground lawsuits.

There is no such thing as learning the habits of quartz veins, lodes or ledges. Their language admits of no absolute interpretation; they exist only where they can be actually seen; each one has its own dip and angle, its own foot and hanging walls; some are true fissure veins and some pinch out and disappear; some are rich in places, without cause or provocation, and in other places barren and worthless with as little

junction and a town would be built there, but that was not accomplished. After the sale of the farm they pur- chased eighty acres four miles below it, and again began the work of improving and developing. To this eighty acres they have since added until they now have 720 acres, a choice and valuable property. Here they raised poultry and vegetables, and made money. Mr. Gerdts has for years been interested in Shropshire sheep, now having between eleven and twelve thousand head in his flock. He has also given special attention to the raising of horses and Polled Angus and Holstein cattle.

Mr. Gerdts has forty-five acres of placer mining ground, and at one time, during the years 1876 and 1877, took ont considerable gold.

In 1891 this pioneer couple retired from their farm and removed to a pleasant home in Deer Lodge, where they have since resided. Since their removal to town, Mr. Gerdts has owned and conducted a cash grocery, doing a successful business.

Both are members of the Lutheran Church.

THOMAS A. GRIGG, M. D., of Butte City, Montana, is a member of the regular school of practice and makes a specialty of treating diseases of the eye, ear, nose and chest.

He was born on Prince Edward Island, Canada, Feb- ruary 15, 1862, son of Dr. William Grigg and Willann nee Daugherty. The senior Dr. Grigg was a native of Eng- land, was educated in London, and in 1826 came to America, locating in Canada, where he practiced his pro- fession, and where he was also interested in shipbuilding and mercantile pursuits. He was thrice married. By his first wife he had nine children, and by the second wife two, the subject of our sketch being his youngest child. lle attained an advanced age, being eighty-one at the

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reason; and with none of them can anything be taken for granted.

This is the kind of property, having the same elements of doubt and uncertainty as a game of chance, upon which and for the adjudication of rights concerning which, the system of mining law was constructed.

It is sufficiently difficult to settle rights on top of the earth and in broad daylight, but when we go down into the earth, into shafts, tunnels and stopes, and one set of skilled ex- perts and engineers make beautiful and elabo- rate maps and diagrams of the underground workings and geography, and testify that the apex of a vein is in the claim of the plaintiff; and another set of engineers and geologists, equally expert and skilled, testify exactly to the

time of death, in 1881. His second wife passed away at the age of fifty-six years. She was a member of the Episcopal Church. He, too, was reared in that faith, but later in life became a Methodist.

Thomas A. received a high-school education in his native place and studied medicine under the instructions of his father. He then entered the Medical Department of the University of Pennsylvania, where iu due time he graduated with honor. While in college he won the high esteem of his professors and brought with him from there several very creditable testimonies as to his char- acter and scholarship. After this he took post-graduate studies in the specialties named and has diplomas for all of them. He began the practice of his profession at Mahanoy City, Pennsylvania, and during the five years he remained there he built up a large and lucrative prac- tice. Too close application to business, however, im- paired his health and he was advised by Dr. Pepper, of Philadelphia, to seek rest and change of climate in Washington. He accordingly directed his course west- ward. After six months spent in Washington he con- cluded to locate in Montana, and on the 15th of October, 1892, took up his abode in Butte City and resumed prac- tice. He has since met with most flattering success in his specialties. He has nice office rooms and all the modern appliances for the treatment of diseases of the eye, ear, nose and chest, and here he greatly enjoys his practice, not so much because it brings him wealth but because he is by it enabled to render such benefit to suf- fering humanity.

Having inherited means from his father, Dr. Grigg made investments in real estate in Washington while he was there, and since locating in Butte City he has bought property in this flourishing town. He has also invested

contrary, and that the apex is in the claim of defendants, is it any wonder that the jury, after groping in the dark for perhaps a month, fol- lowing the witnesses through the tunnels, down shafts and into the stopes, and listening to learned and contradictory theories concerning geology, fissures, the various kinds of rocks, their ages and what they are supposed to sig- nify, is utterly bewildered and still in the dark?

This kind of cases involves only questions of fact; but the perplexing, difficult thing is to get at the real truth. Other cases involve questions of law arising upon the mining statute; and these at least have the benefit of daylight.

The following decisions are of public interest and importance, because they have relation to the greatest industry of Montana, and point

in several valuable gold mines, among which are the Grand Republic, the Gold Bug, the Queen, the King, and others.

Dr. Grigg was married in 1888 to Miss Joanua S. Miller, a native of his own town, and a daughter of Mr. John Miller, a shipbuilder. They have three children, Elmer Roy, Leon Allison and Joanna Ethel. The family res- idence is at 815 West Broadway. Mrs. Grigg is a mem- ber of the Presbyterian Church.

In fraternal organizations, Dr. Grigg takes an active interest and is a member of several. He has a member- ship in the Alumni Society of the University of Pennsyl- vania, the Schuylkill County Medical Society, the State Medical Society of Pennsylvania, and the Silver Bow County and Montana State Medical societies. He has also passed all the chairs in the I. O. O. F .; is Council Commander of the Woodmen; and since 1886 has been a Master Mason.

ADOLPH LA SALLE, of Helena, came to Montana in 1866, and as one of her pioneer settlers is entitled to bio- graphical meotion in this work.

Mr. La Salle was born in Canada, near the city of Montreal, September 16, 1844. He is of French descent, his ancestors being among the first settlers in Canada. Ile is a direct descendant of La Salle, who explored the Ohio and traversed its territory in 1679, and who in 1680, in company with Father Hennepin, explored Minnesota by way of the Mississippi river as far north as St. An- thony's Falls, near the present city of Minneapolis The Mississippi was revisited by La Salle in 1682, when he explored it to its mouth and took possession of the sur- rounding tributaries and country in the name of France, and gave it the name of Louisiana. In 1685, under the leadership of La Salle, the first French settlement was

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out how mining claims under the act of Con- gress of May, 1872, may be located, represented, worked and owned. This business is still in its infancy, and prospecting, locating, representing and working mines in Montana will continue far into the future, and every case that throws any light on the subject is important.

In the case of Hirbour vs. Reeding, 3 Mon- tana, 15, Blake, J., speaking for the Supreme Court, decided that a verbal contract of co- partnership entered into in April, 1873, " for the purpose of prospecting for, locating, record- ing, pre-empting, developing and mining quartz lodes and other mining property," is valid and not within the statute of frauds of the Territory. (See Southmayd vs. Southmayd, 4 Montana, 100; and Harris vs. Lloyd, 11 id., 390.)

made in Texas. After seeing the colony in a thriving condition, this indefatigable explorer retraced his course and sailed up the great river he knew so well, crossed the St. Lawrence into Canada, and settled down in the town of St. Michael D'Yamaska, in the province of Que- bec. The older of two sons, Adolph La Salle was reared on his father's farm, was educated in private schools, and when in his sixteenth year left home and went to Illinois, where he had an uncle who was engaged in the manu- facture of brooms, and by whom he was employed for wages. He was at work for his uncle when the civil war broke out. In December, 1861, he enlisted in Company B, Ninth Illinois Cavalry. He fought under Sherman in the Third Brigade, Sixteenth Army Corps, and partici- pated in numerous engagements. The most of the time he served as chief bugler. After his three years' term of enlistment expired, he re-enlisted and remained in the service until the war closed, being mustered out in Octo- ber, 1865.

The war over, Mr. La Salle returned to Henry county, Illinois, and in March, 1866, went to St. Joseph, Missouri, thence to Nebraska, and from there across the plains to Salt Lake City. The company with which he traveled left St. Joseph on the 15th of March and arrived at Salt Lake City on the 3rd of July. On the 4th of July they started for Helena, arriving at their destination on the 17th of the same month, and camped on what is now the Lenox addition. After resting a few days, Mr. La Salle went down in the valley and was employed by Phillip Miller. Later he worked in the Union mine. In May, 1867, the Idaho excitement induced him to try his Inck in the mines there, and for some time he was engaged in mining on Salmon river. Not meeting with success, however, be returned to Helena, and worked at mining,

Unpatented mining claims, being exempt from taxation under the laws of the Territory, the question came up in the case of The Hope Mining Company vs. Kennon, Treasurer (3 Montana, 35), whether or not the product of such claims was also exempt, and the court held, by Wade, C. J., that the exemption from tax- ation of unpatented claims does not exempt the product of the mine from taxation.

The case of Belk vs. Meagher, et al. (3 Mon- tana, 65), has been an important and controlling case ever since its decision, as to the title ac- quired by a valid location of a mining claim under the act of May, 1872, how such title is kept alive, and the consequences of a failure to represent the claim. Development has shown a vein or lode of great value, which was claimed

receiving $4 per day. By saving his money during the summer, he was enabled in the fall to purchase an inter- est in the lime business, and remained in that until 1869 . In the meantime he had purchased in the Prickly Pear valley, six miles from Helena, a farm of 160 acres. In 1869 he sold his lime business and moved to his farm, to the improvement of which he devoted his energies and prosperity attended his earnest efforts. In 1872 he purchased 160 acres of adjoining land. On this tract, one of the finest farms in the valley, he has since been engaged in agricultural pursuits, his chief crops being hay, oats and potatoes; he is also engaged in the exten- sive rearing of horses and cattle. His land is supplied with an abundance of water for irrigation and pasture. Mr. La Salle has also purchased property in the city of Helena and erected a fine brick residence thereon, his time being divided between his home in the valley and his residence in the city.

April 29, 1880, Mr. La Salle was married to Miss Cora Jane Richard, a native of Massachusetts and a daughter of Nelson Richard. They have had three children, two of whom, a son and daughter, died at the ages of eight and four respectively. Mary Frances is the name of their living child.

Politically, Mr. La Salle is a Republican, and frater- nally he is an Odd Fellow. He is also a member of good standing in the Grand Army of the Republic.

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An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 81

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