USA > Wyoming > History of Wyoming, Volume I > Part 27
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was under irrigation. The company also raised sheep and horses. Mr. Brooks became actively identified with the republican party soon after coming into the state. In 1892 he was elected to the Lower House of the State Legislature ; was a delegate to the republican national conventions of 1896, 1904 and 1908; and was elected governor of Wyoming in 1904 for the unexpired term of Governor De Forest Richards. In 1906 he was elected for a full term of four years. Mr. Brooks is prominent in fraternal circles, being a thirty-third degree Mason, an Odd Fellow and an Elk. Since retiring from the office of governor he has devoted his time and attention to his large business interests at Casper.
EIGHTH LEGISLATURE
The eighth session of the State Legislature began at Cheyenne on Tuesday, January 10, 1905. E. E. Levers, of Uinta County, was chosen president of the Senate, and Lyman B. Cooper, of Converse County, speaker of the House. In his message to the Legislature, Governor Brooks congratulated the people of Wyoming upon the increase of farmis, the mineral output of the mines, and the valuation of live stock, all good evidences of the prosperity of the inhabitants.
One of the principal laws enacted at this session is that known as the "Negoti- able Instrument Act," the main purpose of which was to establish a law in uni- formity with the laws of other states on that subject. The act contains 198 sections, being one of the longest ever passed by a Wyoming Legislature, and covers every form of negotiable instrument.
The State Board of Horticulture was created by the eighth Legislature. The act creating it provides that the governor of the state, the professor of botany and the professor of zoology in the State University shall be ex-officio members, and the other four members to be appointed by the governor, one from each of the four water districts of the state. The duties of the board were defined to be as follows. To collect and disseminate information on the subject of horti- culture, especially the diseases of fruit trees and the manner of getting rid of insect pests, and to report biennially on the work done and the results ac- complished.
On February 16, 1905, two days before the final adjournment, a joint session of the two houses was convened "for the consideration of resolutions com- memorative of the distinguished public services, life and character of the late De Forest Richards, former governor of Wyoming." Short addresses were made by Governor Brooks, Secretary of State Chatterton, Speaker Cooper, and others and the resolutions adopted were ordered to be recorded in the journals of the Senate and House.
LEWIS AND CLARK EXPOSITION
By an act of the Legislature, approved on February 15, 1905, a commission of six persons was created for the purpose of preparing a collection of Wyo- ming's resources and products for exhibition at the Lewis and Clark Exposition to be held at Portland, Oregon, in the summer of 1905. The governor was made a member of the commission, ex-officio, and was authorized by the act to appoint
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the other five members. Governor Brooks appointed Clarence B. Richardson, George E. Pexton, John L. Baird, B. C. Buffum and William C. Deming.
The act creating the commission appropriated $10,000 in addition to the unexpended balance of $5,658.23 of the appropriation made for the Louisiana Purchase Exposition of the preceding year, making a total appropriation of $15,658.23 for the Lewis and Clark Exposition. The board organized on March 7, 1905, by the election of Governor Brooks as president; George E. Pexton, vice president ; William C. Deming, secretary. The Chicago & Northwestern Railroad Company made a donation of $2,500 and the Union Pacific Railroad Company furnished free transportation of the exhibits to and from the expo- sition.
A large part of the exhibit from the Louisiana Purchase Exposition was taken to Portland. In their final report the commissioners say: "In the Mines Building Wyoming occupied 3.000 square feet of floor space and 1,700 feet of wall space. While very compact, Wyoming's exhibit in the Mines Building was varied and attractive. * *
* The agricultural exhibit was equally com- plete. In this building Wyoming was in competition with some of the greatest agricultural states in the Union, and the large number of awards received proves very conclusively that our state did not suffer by comparison. In this handsome building Wyoming occupied 3,200 square feet of floor space and 2,250 square feet of wall space. This exhibit was installed under the personal direction of Professor Buffum and consisted of about twelve hundred classified exhibits."
Among the minerals shown were oil, soda, copper, iron, coal, gold, building stone, onyx, clays, asbestos, fossil fish, moss agates, petrified woods, stalactites and a large number of semi-precious stones, making one of the most varied and extensive exhibits of this class at the exposition.
July 10, 1905, was Wyoming Day. Governor Brooks and his staff, the men- bers of the commission and a large number of Wyoming people were present at the exercises, which were held in the great Auditorium. The program included music by the exposition band; an address of welcome by H. W. Goode, president of the exposition ; response by Clarence B. Richardson, Wyoming's commissioner- in-chief ; the song "Wyoming" by a quartet ( the words of this song were by C. E. Winter and the music by E. A. Clemmons) ; and addresses by Harry Lane, mayor of Portland, Governor Brooks and Judge J. A. Van Orsdel.
The exhibits of the state and individual exhibitors were awarded 146 medals- 83 gold. 31 silver and 32 bronze-and twenty-six other individual exhibits received honorable mention. At the conclusion of the exposition the commissioners reported a balance of $6.306.80, with a few unpaid bills still outstanding, which would reduce the balance to $5.500.
ELECTION OF 1906
In the campaign of 1906 the republicans nominated Bryant B. Brooks for governor ; William R. Schnitger, for secretary of state: LeRoy Grant, for auditor of state: Edward Gillette, for treasurer of state; Archibald D. Cook, for super- intendent of public instruction : Richard H. Scott, for justice of the Supreme Court; and Frank W. Mondell, for representative in Congress.
The democratic state convention nominated for governor, Stephen A. D. Keis-
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ter ; for secretary of state, Daniel W. Gill ; for auditor of state, Thomas J. Dayton ; for treasurer of state, James M. Labban ; for superintendent of public instruction, May Hamilton ; for justice of the Supreme Court, H. V. S. Groesbeck; for rep- resentative in Congress, John C. Hamm.
William L. O'Neill was the candidate of the people's party for governor ; William W. Paterson, secretary of state; Albert J. Vagner, auditor of state ; M. O. Kangas, treasurer of state; C. E. Cronk, superintendent of public instruc- tion; William Brown, representative in Congress. No nomination was made by this party for justice of the Supreme Court.
The vote for governor on November 6, 1906, was 16,396 for Brooks, 9,483 for Keister, 1,310 for O'Neill, and 140 for George W. Blain, the candidate of the socialist party. All the candidates upon the republican ticket were elected by approximately the same plurality as the governor.
Vol. 1-14
CHAPTER XVI
FROM BROOKS TO HOUX
NINTH LEGISLATURE-POLITICAL CAMPAIGN OF 1908-TENTH LEGISLATURE-ELEC- TION OF 19IO-CAREY'S ADMINISTRATION-ELEVENTH LEGISLATURE-APPOR- TIONMENT OF STATE SENATORS AND REPRESENTATIVES-DIRECT PRIMARY LAW- CORRUPT PRACTICES ACT-BATTLESHIP WYOMING-WESTERN GOVERNORS' SPECIAL CAMPAIGN OF 1912-TWELFTH LEGISLATURE-THE STATE FAIR-MISCELLANEOUS ACTS-POLITICAL CAMPAIGN OF 1914-KENDRICK'S ADMINISTRATION-THIR- TEENTH LEGISLATURE-WORKMEN'S COMPENSATION ACT-MISCELLANEOUS LEG- ISLATION-CAMPAIGN OF 1916-FOURTEENTH LEGISLATURE-PROHIBITION QUES- TION-THE CONSTITUTIONAL AMENDMENT-HIGHWAY COMMISSION-STATE FLAG AND FLOWER-GENERAL LAWS-HOUX'S ADMINISTRATION-WAR WITH GERMANY.
Governor Brooks took the oath of office for the beginning of his second term on January 7, 1907, and the next day witnessed the assembling of the
NINTH LEGISLATURE
At the opening of this session, O. H. Brown, of Uinta County, was elected president of the Senate, and Scott K. Snively, of Sheridan County, was chosen speaker of the House. In his message at the beginning of the session, Governor Brooks advocated the passage of a primary election law, and on the subject of taxation he said: "Two years ago, in my message to the Legislature, I called attention to the fact that the mileage valuations placed upon railroad property in this state for taxation purposes have remained practically unchanged for a number of years. It is generally believed among our people that railroads do not pay their just proportion of taxes. In order to bring this subject fairly before the Legislature, I some time ago requested the attorney-general to investigate the matter thoroughly, particularly in regard to the taxes levied in surrounding states, and submit a report to my office upon the subject."
The report of the attorney-general, which was submitted as part of the gov- ernor's message, showed that in Nebraska and Utah the Union Pacific was taxed on a valuation of $11,000 per mile, and in Wyoming, $8,000; the Chicago, Bur- lington & Quincy was taxed on a valuation of $7,600 per mile in Nebraska and only $4,100 in Wyoming, and in the case of the Oregon Short Line, the State of Idaho placed a valuation upon it of $10,300, while Wyoming's valuation was but $8.000. Commenting on these figures, the governor announced that the average railroad tax of $163 per mile in Wyoming was from $45 to $125 lower than any of the adjacent states except South Dakota. Notwithstanding the emphasis the
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governor placed upon this subject, the Legislature failed to pass a law providing for a higher rate of assessment of railroad property.
By an act approved February 9, 1907, the premises and property of the state deaf and dumb and blind asylum at Cheyenne were assigned for use as military headquarters, the office of the adjutant-general, and for the storage and care of military supplies. And on the same day the governor approved the act trans- ferring the penitentiary at Laramie and the land upon which it is located to the State University for the use of the Agricultural College and experiment station. This act carried with it an appropriation of $5,000 for the repair of the building.
The sum of $50,000 was appropriated for the erection of a new building for the accommodation of female patients at the Wyoming State Hospital for the Insane at Evanston, and a tax levy sufficient to raise $25,000 a year for two years was authorized to provide the necessary funds for that purpose. An appro- priation of $25,000 was also made for building a girls' dormitory at the State University.
The old law relating to compulsory education was repealed and a new one enacted. Another act of this session provided for regulating deposits in banks and the safekeeping of the public funds. By this act the governor, secretary and treasurer of state were created a "board of deposit," and banks in which the state funds were to be deposited were required to deposit approved securities or give bond in some responsible surety company.
POLITICAL CAMPAIGN OF 1908
No state officers were to be elected in Wyoming in 1908 and the entire interest centered upon the presidential campaign. The republican national convention was held in Chicago on June 16th. William H. Taft, of Ohio, was nominated for President, and James S. Sherman, of New York, for Vice President. On July 7th the democratic national convention assembled in Denver, Colorado. Wil- liam J. Bryan, of Nebraska, and John W. Kern, of Indiana, were named for President and Vice President, respectively. The populist candidates were Thomas E. Watson, of Georgia, and Samuel Williams, of Indiana, and the socialists renom- inated their candidate of 1904 (Eugene V. Debs, of Indiana) for President, and Emil Seidel, of Wisconsin, for Vice President.
In Wyoming the republicans nominated for presidential electors John W. Hay, Fred Waegle and Thomas A. Cosgriff ; the democratic candidates were Andrew McMicken, John Howard and Barnett G. Rogers; the populist candidates were Thomas Crosbie, William W. Paterson and John T. Hawkins. At the election of November 3. 1908, the republican electors received 20,846 votes; the demo- cratic electors, 14,918; and the populist electors, 1,715. A few votes were cast for the socialist and prohibition candidates. For representative in Congress, Frank W. Mondell, the republican candidate, received 21,431 votes to 13,643 cast for Hayden M. White, democrat, and 2,486 for James Morgan, the candidate of the people's party.
TENTH LEGISLATURE
The tenth session of the Wyoming State Legislature commenced at Cheyenne on January 12, 1909. The Senate organized by electing Edward T. Clark, of
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Laramie County, president, and the House selected as speaker C. E. Hayden, of Bighorn County.
During the closing years of President Roosevelt's administration the subject of conserving the natural resources of the nation was one of considerable interest. In May, 1908, a meeting of the governors of the several states was held in Wash- ington, upon the President's invitation, to exchange ideas and views upon this question. Governor Brooks, in his message to the Legislature in 1909, referred to this congress of governors and gave his opinions upon the subject of conser- vation. He began this part of his message by referring to the constitutional provision that: "The water of all natural streams, springs, lakes or other col- lections of still water, within the boundaries of the state, are hereby declared to be the property of the state."
"Our water power resources," said the governor, "have an enormous value and should be developed for the benefit of the whole state, rather than made a means of taxing the state for the enrichment of outside corporations. There should be no possible loophole whereby wealthy syndicates can acquire, free of cost, water rights that in future years can only be extinguished by condemnation. There is no reason in economics or good government why any state should give away property of such inestimable value, and this is not done in any enlightened country on earth except our own. Every power privilege granted in Wyoming should be in the nature of a license, subject to an annual license fee and future regulation of charges whenever the Legislature sees fit.
"Unfortunately, the present policy relative to the conservation of this, like other natural resources, seems to be to accomplish all reforms through Federal agencies. The limelight is all on the national stage. Reforms and good policies are not to be struggled for at home, but are to be placed in the hands of Federal departments, whose chiefs are overanxious to strengthen their departments, and as they are not acquainted with local conditions, their meddlesome activity fre- quently acts as a hindrance to our development, and hence irritates our people.
"Reforms, in a great measure, ought to be left to the virtue and patriotism of the state and county, and local control in these matters will bring far better and more satisfactory results. To say the state cannot and will not do the right thing is disproved by what Wyoming is doing in irrigation. It is in effect to say that self-government is a failure and must be replaced by bureaucratic rule."
This message of Governor Brooks has been quoted at length, because the subject of conservation of natural resources is one in which the people of Wyo- ming are deeply interested. In 1908, the year before this message was delivered to the Legislature, it cost the Federal Government more than one hundred thousand dollars to manage the forest reserves in the State of Wyoming. There is no doubt that the reserves could have been managed by the state authorities for a much less sum and in a more satisfactory manner.
Governor Brooks again called the attention of the Legislature to the inequali- ties existing in Wyoming's system of assessing property and levying taxes. On this subject he said: "Nearly a year ago I determined to appoint a commission of five well known citizens to examine the taxation laws of Wyoming, suggest changes, correct irregularities, etc. The commission appointed consisted of Wil- liam R. Schnitger, William E. Mullen, A. D. Cook, John E. Hay and L. G. Duhig. Despite the fact that this commission would receive no compensation, and that
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the duties outlined would require close attention, much time and considerable personal expense, all members of the commission accepted the appointment promptly and from a pure sense of public duty assumed the responsibilities with- out hesitation. They have performed their work faithfully and well, and I take this opportunity to express my deep appreciation to every individual member of that commission for faithful services. They have gone into the matter carefully and after thorough investigation have submitted a full report and outlined a bill for the improvement of our system of taxation."
In response to the governor's recommendations on this subject, and in line with the report of the commission, the Legislature passed an act creating the office of "commissioner of taxation," said commissioner to be appointed by the governor, with the advice and consent of the Senate. The bill provided for a salary of $2.500 per year and fixed the term of office at four years. The commis- sioner was to have and exercise authority over the administration of all assess- ments, to advise assessors and boards of county commissioners, make appraisements of all railroad property, telegraph and telephone lines, express companies and sleeping car companies doing business in Wyoming, etc. John McGill, of Albany County, was appointed the first commissioner of taxation under the new law.
A state board of immigration of three members, to be appointed by the gov- ernor, was created by the tenth Legislature, and the sum of $11,000 was appro- priated for the use of the board in collecting, publishing and disseminating infor- mation regarding the state and its resources, and state, county and other officials were required by the act to furnish the board information concerning their respective localities.
Another act of this session created a board of three citizens to conduct experi- ments in dry farming. The members of the board were to be appointed by the governor and when organized, the board was authorized to employ a director of the experiments at a salary not exceeding two thousand dollars. An appro- priation of $5,000 was made for the purpose of conducting the experiments.
Other acts of the session provided for the seizure and destruction of gambling devices; for the proper ventilation of coal mines; for a system of recording brands on live stock, and repealing all laws in conflict therewith; for a branch of the Wyoming General Hospital at Casper; creating Park County; and to encourage the destruction of predatory wild animals.
ELECTION OF 1910
In the political campaign of 1910 a new feature was introduced. During the session of Congress that began in December, 1909, a number of republican mem- bers, dissatisfied with the rulings of Speaker Cannon, united with the democrats to amend the rules of the House in such a manner as to deprive the speaker of some of his power. These republican members, most of whom were from the western states, received the name of "insurgents." Their action was indorsed. however, by a large number of republicans throughout the country and the term "insurgents," first used in derision, became popular. Joseph M. Carey, former United States senator from Wyoming, dissatisfied with numerous acts of the Taft administration during the first years of its existence, and with the republican party
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management of state affairs, announced himself as an independent candidate for the office of governor.
The republican state convention at Rawlins on Thursday, September 15, 1910, marked the active opening of the campaign. William E. Mullen, of Sheridan, was nominated for governor; William R. Schnitger, of Cheyenne, secretary of state; Robert B. Forsyth, of Rock Springs, auditor of state; John L. Baird, of Newcastle, treasurer of state; Archibald D. Cook, of Douglas, superintendent of public instruction; Charles N. Potter, of Cheyenne, justice of the Supreme Court ; Frank W. Mondell, of Newcastle, representative in Congress.
The platform adopted by the convention indorsed the administration of Presi- dent Taft, and also that of Governor Brooks; urged the reelection of Clarence D. Clark to the United States senate; expressed satisfaction with the Payne- Aldrich tariff bill enacted by the previous session of Congress; and declared in favor of the contract system for the employment of prisoners in the Wyoming penitentiary.
On Tuesday, September 20, 1910, the democratic state convention assembled at Sheridan. A committee, consisting of one member from each county in the state, was appointed to confer with Joseph M. Carey in relation to his accepting a nomination for governor from the convention, upon a platform embodying his views on certain public questions. Mr. Carey gave his assent and made some suggestions as to what the platform should embrace. The name of W. L. Kuyken- dall was presented as a candidate for governor, but it was immediately withdrawn, and upon the only ballot taken Joseph MI. Carey received 105 votes ; J. B. Hen- derson, of Lander, thirty-six votes, one delegate not voting. Frank L. Houx, of Cody, was then nominated for secretary of state; George C. Forsythe, of Lusk, auditor of state ; Earl Whedon, of Sheridan, treasurer of state; Rose A. Bird, of Newcastle, superintendent of public instruction ; Thomas H. Gibson, of Laramie, justice of the Supreme Court; William B. Ross, of Cheyenne, representative in Congress.
The platform declared in favor of a constitutional amendment for the initiative and referendum ; the enactment of a law providing for the nomination of all state and county candidates at a primary election ; the passage of a corrupt practices act; the conservation of natural resources; an eight-hour day for workmen em- ployed upon all public works; and an act to prohibit the use of large campaign funds by political parties.
In this campaign the socialist party placed a full ticket in the field, to-wit : William W. Paterson, for governor ; Lyman Payne, secretary of state; Joseph A. Johnson, auditor of state; Gabriel Silfvast, treasurer of state; Lucy Bode, superintendent of public instruction ; H. V. S. Groesbeck, justice of the Supreme Court ; James Morgan, representative in Congress.
The election of 1910 was held on the 8th of November and resulted in the choice of a "mixed ticket," the democrats electing the governor, secretary of state and superintendent of public instruction, and the republicans electing the auditor and treasurer of state, the justice of the Supreme Court and the repre- sentative in Congress. For governor, Carey received 21,086 votes : Mullen, 15,235 ; and Paterson, 1,605. Carey's plurality was the largest received by any of the candidates. Houx was elected secretary of state by a plurality of only thirty- seven votes, and Miss Bird defeated Mr. Cook for superintendent of public
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instruction by a plurality of 1,343. The pluralities of the victorious republican candidates were as follows: Auditor of state, 766; treasurer of state, 207; jus- tice of the Supreme Court, 1,059. Mondell defeated Ross for Congress by a vote of 20,312 to 14,609. Morgan, the socialist candidate for representative in Con- gress, polled 2,155 votes, the highest number of any of the socialist candidates.
CAREY'S ADMINISTRATION
Joseph M. Carey, sixth governor of the State of Wyoming, was born at Milton, Sussex County, Delaware, January 19. 1845. His early education was acquired in the schools of his native town, after which he spent two years in Union College at Schenectady, N. Y., and then began the study of law with Benjamin F. Temple, of Philadelphia. In 1867 he graduated in the law depart- ment of the University of Pennsylvania and began practice in Philadelphia. When the Territory of Wyoming was organized in the spring of 1869, President Grant appointed Mr. Carey United States district attorney for the new territory. This office he held until 1871, when he was appointed associate justice of the Territorial Supreme Court. In 1876 he retired from the bench to devote his attention to his large live stock interests, in which he engaged in 1871 with his brother, R. D. Carey, operating in both Wyoming and the Dakotas.
In 1880 Mr. Carey was elected mayor of Cheyenne and was twice reelected, holding the office for three consecutive terms. In 1884 he was elected delegate to Congress, which office he likewise held for three successive terms. While a delegate in Congress he introduced the bill under which Wyoming was admitted to statehood, and in 1890 he was elected one of the first United States senators from the new state. From 1876 to 1896 he was a member of the republican national committee; was one of the organizers of the Wyoming Development Company in 1885; was for a time president of the Wheatland Roller Mill Com- pany ; and he and his associates erected some of the best business blocks in the City of Cheyenne. In 1894 Union College made him an honorary chancellor and conferrred on him the degree of LL. D. In 1910 he was elected governor of Wyoming. Upon retiring from that office in January, 1915, he again became actively interested in stock raising and real estate operations. Mr. Carey's name is inseparably linked with the "Carey Arid Land Law," which was the first act passed by Congress on the subject of irrigation.
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