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THE WEEKLY HERALD.
R. E. FISK, - - - - Editor. THCBSDAT, APMIL 9, 1873. By the Governor of Moatana Territory, A PROCLAMATION. Wueb&»\ T^e Act of Congress transferring the con trol of certain Territorial Penitentiaries to the several Territories in which the same^are located, approved January 24th, 1873, transfers the care and custody of the United States Penitentiary at iteer Lodge City, and the petsonal property therewith connected, to this Territory, and requires the Territory to keep ançl main tain to said penitentiary all persons convicted in Mon tana Territory of violations of 1S»e laws of the United States and sentenced to imprisonment therefor, and all persons held to answer for dteged violations *>f the laws of the United States in said Territory ; and, Whbbbas, There is no prevision made by the laws rtf this Territory whereby the Territory can keep and maintain in said Penitentiary the persons required to be kept and maintained"bvsaid Act of Congress; nor is there any authority to confine or maintain therein persons convicted oif violations Of the laws of this Ter ritory and sentenced to couinement in the Penitentiary ; (nineteen persons are now undergoing confinement for violations of the laws df tiie Territory) ; and, Wuebeas, The statute relating to the assessment of property for revenue purposes, and that-relating to the rate of interest on the County Bonds and Warrants, and that relating tofilie number Of persons required to constitute .a Grand Jury, and many other laws, are so uncertain and contradictory that they cannot be en forced without judicial interpretation, obtained at great cost to the peqple, and it is a doubtful question whether courts caiv harmonize the contradictious at all ; and, f, WitBBEAa, The -Fees, Percentage and Salaries col lected by DistrictJUtorneys, the Ctetka of the District Oorts, and County Officers, are so-exhorbitant as to amount .to a denial of justice to the; poor, and are daily devouring the substance of the people ; and, Wibbbbas, The Courts of the Territory have no authority to rentier judgment against parties litigant dor the fees of .jurors in the trial of causes, but the same are taxed to and paid by the Counties, thereby adding largeur to the'enormous burden the people are sode airous to lesser. ; now therefore, |( J, -BENJAMIN F.-POTTS, Governor of the Territory of Montana, by virtue of the authority vested in me by the .Organic Act of said Territory, do order that the Legislative Assembly of the Territory of Montana coa venc in extraordinary session <*t Virginia City, •Capital of «aid Territory, on Jtl«nday,)the Fourteenth Day of April, A. D. 1873, at ill o'clcok Meridian of said day, to cob siöcr.suche®bjscts of legislatienaa will be submitted fi)y the Executke or such, as are «demanded by the pub lic interests. The duration of the session shall not er ..'Ceed fifteen days. ■ In TESTiiiosrr.wiHBBBor, I have here unto set my hand and caused the great Seal of the Territory of Montana to be affixed. « Done ; xt Virginia City, the Capital of aaid Territory, this seveu teeuen day ot March, A. D. one-thousand eight h*u# ■dred and seventy-three, and of the Independence of the •United States the ninety-seventh. B..F- POTTS, Governor. ;Py the Governor. . J. E.«C'AtiiAMVAY, Secretary «f Montana Territorr. THE NEW POSTAL LAW. The Pestai Appropriation bill approve«! March ,3, 1873, contained the following .clause r •" Provided, that all law« And parts of laws .permitting'the transmission by mail of any free matter whatever be and the same aw •hereby l^^ealed from and after June St, 1673." This abolkhes the frankir.g privilege held by Congrass.aud so many Government offi cers. This • abolicbes section 35 of the act of March 3, 18£3: "But tine publishers of weekly newspapers may seat! to each actual subscriber within the county where fheir pa pers are printed and published one copy free, of postage.'" Tiiic abolishes section 45 ef the same act v " All .publishers of periodicals, magazines,, and newspapers which shall Jiot exceed six teen ounces in weight shall be allowed to in terchange their, publications reciprocally free of postage : provided, that euoh interchange :shall be confined to a single copy of such publication." The.lae.vs-remaL\ unchanged which permit jprepayn^ut of . postage on newspapers at the .office of «mailing «r delivery, at the option of •the subscriber, and prepayment by news dealers ".upon thek* packages as »eceived." No reduction of postage rates has been made. .Farnsworth s bill passed (the House, .and failed in the Senate. Hook Notices* A Treatise ox the La» of Judgemnte-iby A. C. Froeai«u,18î3. We have received the foregoiug werk from idie .publishers, Messt s. A. L. Bancroft & Co., San Francisco. Jl is a large v«lume of »early rtOO*pages,» and does great credit to the leading publishing house on the Pacific Coast. There can be no dpubt that the increased facilities for btak making, with increased wealth awl intelligence, does not wholly ac count for the large increase in la# hooks. Theadoption in sa many States af that species of tegtelsrtSon usually denominated "The Code/' hue led .to the publication of many treatises on elementary law and unnumbered volumes of reports. Very anany of these books are chaff, and encumber rather than smooth the way to a clear perception of the law. Bat the book before us is not one of that number. Jt is equally valuable where ' that législation iß abseat as when it has been enacted. It occupies, too, an almost wholly untrodden field. It is surprising that before fliis no text-book upon this most Important •»art of the l%w has bee» written, but se it is. Mr. Freeman was fortunate in being aide to appropriate that field wholly to himself. Of t he manner in which he lias discharged bis task* we speak , with some confidence. His work has impressed ua as being impartial and exhaustive. We trust the publications of tips house mav always be as happy, and that law boohs written in the West will meet« real want, or remain unpublished. There enough of writing law books to seil* er of changing the titles to books over the subject «latter elsewhere. But no lat can do without Mr. Freeman's work know what to do with that climax of a lai suit*.—a judgment. on HIB, CLAGETT AND HIS "GENERAI* RAILROAD BILL." We print bdlow a couple of extracts from recent letters contributed by our late Dele gate, Mr. Clagett, to the Northwest. The subject treated of is his "General Railroad Bill," and something of his views and action thereon : ^Extract from Mr. Clagett's letter in the Northwest, March 15.1 "I do not think the objections to the lim itations upon the subsidy voting power well taken, but as I have said before, I have not been and am not tenacious as to the form of the restriction, so that it exists in some form. Before the receipt of the Helena pa pers denouncing the bill, I had suggested to the sub-committee on public lands in the, Senate, that they should modify it as to re quire a three-fourths vote of the qualified electors without reference to the payment of taxes, ahd tins morning two of the Delegates, myself being'one, succeeded, after a weeks argument and persuasion, in getting their differences of opinion reconciled, and the re striction in the form last mentioned agreed to. I am now expecting the bill to be re ported as mentioned. If it can be got through the Senate, we will do all that tan be done to secure the agreement of the House to the bill as it may pass the Senate. If the House shall refuse to agree to the bill, we will have a last chanoe'in the conference committee." [Extract from Mr. Clagett's letter in North west, March 29.] "The General Railroad Bill introduced by me passed the House. The Senate Com mittee on Public lands substituted a modified edition of what is known as "the Stewart Bill, as an amendment to my bill. In this form it was reported by that committee, placed on the calendar, and was not reached for the same reason as above stated, (want of time: ) The Delegates feared that this course by the Senate committee would defeat the House bill, and their fears were amply real feed. Their only hope after this action by the Senate committee was that the bill would pass the Senate as amended, and be sent back to the House wlieu it could be sent to a 'conference committee, as the Stewart bill, i in their judgment, stood no chance >ef.passing! 'the House unless forced through by the re port ©f a conference committee." We are at a loss to know just how Mr. Clagett wishes to be understood by the people in the premises. "Before the reoeipt of tbe Helena papers denouncing the biW," but after the receipt of Helena telegrams expressing profound disappointment and astonishment at his course on the railroad question, Mr. Clagett, alarmed at tbe gravity of the predic ament in which he had placed himself, »has tened to the sub-committed oa public lands and "suggested that they should so modify" his bill "as to require a three-fourths vote cf the qualified electors without reference to tinpay ment of taxes," and "after two weeks' argu ment and persuasion," as he says, "in getting their differences of opinion reconciled," he got "the restriction in the form mentioned agreed to." The "modified edition df Stew art's bill," referred to in Mr. Clagett'asecond letter, w T as the modified •"restriction, in the form last mentioned" of Mr. Glagetfs bill, set forth in his second letter. He had coun seled the amendment of his bill in that form by the Senate only when reminded.by his constituents of the grave mistake he had committed. The Senate amendment, however, accord ing to Mr. Clagett's more recent version, was really not in accordance with his wishes or the view's of his fellow representatives from the Territories, for he declares that -"the dele gates feared that this course by the Senate" (concurred in and urged in the first instance by Mr. C.,) "would defeat the House (Clagett) bill, and their fears were amply walked." We have endeavored in the past and we en deavor still to do Mr. Clagett justice. It is difficult, we confess, to reconcile the many material differing declarations concerning his attempted railroad legislation. One tof his telegrams to prominent gentlemen .©f .this city will be long remembered. " I believe in this bill, and must and will try to pass it." Then he argued and persuaded for two weeks for its radical amendment ; and then, having got the amendment, he feared that the hill would (as it did) fail to become & law. Hon. Robert Fisher, Councilman ftwan Jefferson, one of the few accomplished parlia mentarians öf the Territory, would make the; most efficient presiding officer of the upper Hon«? of the Legislature that could be se lected for tlie extra session soon to convene. B«t Robert is a Republican, and (he Council, like the House, is Democratic, and the Coun cil Presidency is therefore deemed to be be yond i&s reach. We trust an equally com petent aian, if there is one on the list, will be selected for the responsible ditties of the Council Chair. Rare historical works, such as .Patent Office and Agricultural Reports, under frank of "M. Maginnis, M. C.," give ballast to the mail sacks andkeep the coaches right side up now-a-days. Mhrtin is bound to "make hay while the sufishines;" —..... u ................ The Boston man who wrote a splendid book entitled -"Useful Hints for Ugly •Girls" wonders why there is no more demand for bis work. His publishers sây they We only disposed of one mpy, and that was stolen, v t ... : « *•. f Ms. Clagett has got an appointment—not' the Governorship of Utah, but an iuvesliga torship of alleged Indian frauds in Montana. Mr. C. introduced a bill and made a speech against frauds^! jhis ^ind while in Congress. Desmours, Iowa, furnishes the brains, stomach, bowels, in fact everything but fresh news for over forty newspapers. Half a mile of cars constituted one train on the Pacific railway lately. THE SILVER HINES OF PBICKLÏ PEAR. Across die Hills to the Treasure-trove of Montana—Tbe Legal Tender and Its Companion Lodes—Down In tbe Lower Regions, and What we Saw There* Having an opportunity the other morning of satisfying a long cherished desire of vis iting the Clancy Silver District, and seeing for ourselves some of the famous mines in that locality, we, in company with a friend, gave loose rein to our " fast nags" and were soon flying across the country toward Clancy City, the embryo metropolis of the silver district on the Prickly Pear. Crossing the divide at the head of Tucker gulch, and de scending to the valley below, we drew rein for a few minutes at the shaft of the Wash ington lode, which looks very promising, and with further development will* no doubt prove to be a good ledge.. Further on the many neat and comfortable buildings sur rounding tbe Legal Tender mine are in full view, and as \w generally the case after a brisk ride, a sharp appetite aided us in se lecting tbe one where eatables were dispensed. Thence to the assay office, near the main shaft, which of itself would well repay one for a visit to the camp. On the shelves are neatly arranged large and beautiful speci mens, taken from different parts of the mine—sulphnrets, chlorides, oxides, ruby, and native silver-bearing ores—among which we noticed one in particular literally threaded and matted w ith wire silver, which slioqe from its dark surrounding ore like new coin. At the office we had the pleasure of meet ing Messrs. Lewis, McKee, andSlo3sen, Maj. -Elder, Frank Ckristnouglit, and others con nected with the mine, and on invitation to ■"go below" were soon down in the silver vein, with Messrs. Lewis and McKee as guides, who courteously led us through the long drifts and levels. Reaohing the first level, at the depth of 70 feet^ we traversed the vein 170 feet east from the main shaft, and after passing the portion stoped out, went far into the drift and found the mineral continuous and solid, above and below, and increasing in strength and richness ; thence back to the west drift, 125 feet from the main shaft, where the same general character of the lead still continued without a single break in the body of ore. Down to the next level, 70 feet lowèr; .thence 140 feet east, we find ourselves walking on a solid body of ore, more hanging-overhead, and, in many places, large bodies of mineral still clinging to the walls. Facing the breast, we look far above and see an unbroken column of glittering mineral encased in a smooth and regular wall of white granite. Turning back wre pass the main^shaft, which cuts the vein 40 feet low er. Where is found a larger and richer deposit than that worked above. About 40 feet farther west on this level, and we have completed the circuit of the richest and best developed silver mine of Montana at the present time. Everything has been done under the direction of practical and expe rienced men, with a view r to permanency and security. The .mine is well timbered, and the buildings above are substantial and -con venient. West .from the main shaft the com pany are driving in tw o large working -tun nels, w T hich, when completed, will be-used to work tbe lead at a low leyel. Passing through the ore house, we notioed a large amount of ore ready sacked for ship ment, which averaged from $400 to $1,3.00 in value per ton, and on the dump over 100 tons that will average $150 per ton. In all, it is fair to say that there has already been taken from tbe mine within the last year $275,000, and not less than $1,500,000 in sight in the mine. This result has been reached only through well directed enterprise and practical work, and goes «farther to prove the mineral wealth of Montana than volumes of theories and speculation. Let others fol low their example, .and may they find as true a fissure and as rich a vein as have Messrs. Lewis, Bull & Co., in the Legal Tender. A short distance north, and running par allel with the Legal Tender, is located "The First National" lead, owned by the same company, which bids fair to rival the former in richness, the ore a veraging $600 per ton. Again we take the saddle and a half mile \to the south takes us tc the Mammoth lode— well named—a large and clearly defined ledge, which is exposed «on the surface for about 800 feet along its course. On this lead there is considerable practical work already accomplished and still -being prosecuted, having a abaft down about $0 feet and drifts east and west. The lead is from four to five feet wide, carrying very high grade chloride and «ulphuret milling ores. A tunnel is now in progress, from which, when completed, the lead can be worked to a depth of 245 feet The Mammoth, ere long, will tell its own story, apd gain a reputation equalled by few and surpassed by net other leads in the district, else present indications are decep tive. •' * The town of Clancy is fast assuming a substantial appearance, and the surrounding farms hare all a thriving look. Vermont forgets all the hardships of the past winter in jnbjlatiqgi over jits maple-sugar season, and cheerfully asks, what's the odds so long as its sappy? A Minnesota paper vaunts the rapid in* crease of its circulation, having ** taken fn 75 cents cash, and a bushel of potatoes on subscription this week." It is remarked that if you give an inch to the average rowdy who annouepes,, himself as a "jay-bird," he is apt to take ân 1, and become a jail-bird. (JPP£R TEN NILE SILVER MINES* Helena, March 31, 1873. To the Editor of the Herald. Having occasion to make a visit recently to the silver mines upon the Upper Ten Mile, I examined thoroughly the only but slightly developed vein there, which is showing de cided improvement under the steady'and per sistant advance of the pick and drill, and- is doubtless only an evidence of what exists in other veins in that district, and which can be brought to light and value under like effort. I speak of the Try Again mine, which to-day at a depth of 94 feet, assumes à character which ranks it as a peer of the rich silver mines in the Territory This lead was dis covered last summer* and is located at the foot and upon the west side of Red Moun tain, about half a mile up from the Ten Mile stream, and about seventeen miles from Hel ena. Messrs. Hoyt Bros. & Co. are tlie for tunate owners of this miqe which has so sud denly loomed up into the front rank of promi nence and value. The enclosing rocks which accompany this vein are granite. The out crop, with a width of two feet, consists of argentiferous galena, sulphurets of lead, su# phurcts of zinc, zinc blende quartz, clay and clayey matter. At a depth of about twenty five feet the vein assumed a marked and dis couraging change. The pay-streak abruptly vanished, leaving only vein-stuff composed of an abundance of clay and nearly barren quartz ; but nothing daunted, tjie owners with good pluck concluded to pound away, being fully assured that they had a true vein, with a permanent formation and all the other peculiarities accompanying it, with which a skillful miner is familiar and which indi cated rich ore in the vein in depth. At a depth of 65 feet some evidence of pay ore was occasionally seen. At 75 feet a slow but gradual change for the better was de scribable; small particles of metalic silver would frequently be found, and now, at a depth of 94 feet, I find a splendid vein of over three feet in width, and rapidly widen ing, of fine pay ore, the predominant quality of which is silver glance, sulphide of silver, and stephanite sulphide and antimony, with which is associated zinc blende, sulphnrets of zinc, sulphurets of copper, a large amount of clay, and some quartz. The glance, or sulphuride of silver, (that being the richest silver ore in existence) occurs in masses, and at others is closely mixed and disseminated throughout the gangue, which furnishes occa sionally some beautiful specimens of chry&tul ized ore. The ore is very rich, averages about $300 per ton for the whole width of vein. It is also very bard, and requires the intervention of gun powder for its removal. About a thousand gallons of water is removed daily. The general course of the vein is northeasterly and southwesterly, with a slight dip to the north. A few hundred feet from tiio Try A g ftin ; and running parallel with it, Is located the North Pacific lode, owned and now being worked by Mr. Russell, and which presents a fine vein of galena ore. Some New York capitalists have been making some ill-directed efforts during tbe winter leaning toward development. It seems strange that miners cannot be gov erned with the important necessity of keeping all their efforts concentrated upon one shaft, and let that cut the vein. If the tunnel fever could be suppressed, until you could learn whether you have a vein in depth, and that fact, only attained by sinking upon tbe same to at least 100 feet, would be a great victory over a waste of money and muscle. There has been work enough expended in this dis trict, in running useless tunnels near tbe sur face, to sink at least a dozen shafts 100 feet. As I predicted through the Herald last lall, this (^strict promises to be |one of the most prominent in the Territory. The vein9 are very numerous, and some are over fifty feet wide at the croppings. About four miles above this, Mr. Yaughan is taking out ore of the same character as Try Again, which averages over $500 per ton in silver. The snow is, upon an average, three feet deep, and veiy cold. A. M. E Gold by the Hundred* Hauser, First National Banker of Helena, Montana, descends upon us like Jupiter in a shower of gold. Four hundred pounds is the avoirdupois of the auriferous rainfall with which this Rocky Mountain god pro poses to woo and win. Hauser takes our breath away and gives us palpitation of the heart. He stands on the slope ot Last Chance Gulch and calls to the Northern Pacific Rail road Company : "Go to the Vienna Exposition with four hundred pounds of native gold taken out of your land grant in Montana. You don't know what you have got here. From the point where your road enters the gold fields of our Territory on the east to the point where it leaves it on the West, is over 850 miles. . For this entire distance your line either passes through 'diggings' ' or within twenty miles of them ; alternately cutting aeross, or running within twenty miles of sixty-five streams or gulckes, wkich in the last twelve months have yielded to our waste ful scratching over eight millions of dollars. I will get four hundred pounds of scale and nugget gold out of this ground, Will arrange and classify it, and orttfit you with maps, and the Territorial and County evidences of the genuineness of the product according to its localities. Then do you and I, you represent ing your land grant, and I working for the good of Montana generally, together show this gold in Vienna to the world, and stun the world." Pacific, will arrange with «Jupiter Hauser to lAin down jointly on the assembled world in this proposed shower of the most precious of Montana's metals." — Jf. 7. Tribune, March Wh. . A new trial is to be given to an emotional m Sacramento on account of a nan bf tllA ______ ■*» mam taken Iß. uaunwcmw uu BCCOUni Oi a DAD nuten uy ose of the jurymen, somnolons vo tons, during the summing up of his counsel. Our Jefferson City Letter. Jefferson City, M. T., } March 31, 1872.) To the Editor of the Herald : The winter's term of school at this place closed Saturday evening last with a public exhibition worthy a passing notice in your valued columns. * The teacher employed, Mr. John Rokr baugh, has had considerable experience in teaching the "young idea how to shoot, and has proved himself to possess an extraordi nary faculty for imparting knowledge and also retaining the good will of patrons and pupils. The exercises of the evening began with a salutatory address by Master Miles Cava naugh, whose several declamations were so well delivered as to entitle him to the prize of fered the "best speaker among the small boys." Although, when all did so well, it was diffi cult to decide who ought to receive the re ward. Master Willie Hoopes recited Christ mas Night" with gusto and distinctness. Master Fred. Patterson's comical acting "brought down the house." Master Harry Putnam's beautitui voice was tbe life of the singing, and Master Joseph Belcher s rendi tion of "Marion's Men" was loudly applauded. The young Misses did equal credit to them selves. Miss Alice Patterson's rendering of the "Child's Vision" was so nearly perfect as almost to make one imagine angels visible, and Miss Nora Thompson's beautiful gem was repeated charmingly and with pathos. Minnie Putnam had a pretty little piece which was as prettily rehearsed. The elder students, Mr. Walter Graniss, Iliram Thomp son, Frank Putnam, D. V. Sherman, Wil liam and Chilton Sloan, Add Simmons, Miss Mary Patterson and Miss Annie Putnam, as sisted by Mis Emma Merriman and Miss Julia Rumley, of Helena, displayed so much dramatical ability as to create a unanimous wish that "many a time and oft" we might have the pleasure of listenting to a repetition of the delightful entertainment. And I, a spectator, wondered why so much talent need remain latent ; why a series of exhibitions could not be inaugurated, the proceeds de voted to some public enterprise which would be an advantage to tbe community. Our town, in former days, was termed classical, though subsequently undeserving the appellation. I think present appearances indicate a return of its fordier prestige. Mrs. Junius Sanders favored the audience with instrumental music, which was highly appreciated.* The exercises closed with the reading of the following original stanzas to the memory of a.deceased schoolmate, Albert H. Merriman. Gone from our mumber, A loved one and true, v In dreamless slumber. Hidden from view. Closed are his eyelids, Hushed is his breath, No morè will we greet him, Ht Ip cjlont in «Lea 111. Sleep sweetly, dear brother. In heaven may we meet, Where troubles and partings With sorrow reçlete. Ne'er come again, Ne'er enter there, Sleep sweetly, dear brother, Is our fervent prayer. O. C. Grand Stretet Scliool Boy's Party. In our province as reporter, we deemed it incumbent upon us to at least drop in upon the party given by the scholars of the above school on Tuesday evening. Actuated by this motive mainly, with pencil and paper in hand, we entered the dance hall on the occa sion referred to, expecting to tarry less than an hour, at most. What we saw there we are not going to dilate upon, nor is it our purpose to even give our own ideas of the compara tive enjoyment had between this and other . social parties at the same place during the winter now just past. We simply say that Our stay in the hall ended only with the last notes of "Home, sweet Home," as artistically played by Hewins' Band at 3 o'clock this morning ; that we have enjoyed, with others, many social parties during the past four months, each one of which has seemed to impart tbe very acme of pleasure, but to the School Boys' Party we are inclined to give the premium for the season. The school children of the city to the number of 200 were there, to say nothing of the big girls and boys—who were present, of course, not to participate-in the dance* but to see that the children behaved themselves(?). This much we can assert,' however, that a better con ducted dance has not occurred in the Metrop olis, nor more average happiness enjoyed by the participants. "Hw Head«" The "^mature" phrenologist who examined the school-master's head, and who had not been interviewed by the Oazettee man, has been interviewed by us, and bis scientfic diagnosis noted thusly : He finds the school master like the senior editor of the Gazette, a man of quick perception and deep penetra tion, and when once aroused becomes war like ; but, at the same time, he finds that his extreme modesty will ever conceal from him his real merit. "•This modest school-master, like the senior editor of the Gazette, has the legal knowledge of a Webster, the eloquence of a Patrick Henry and the persuasive gen ius of a Clay. But, alas, it Is lost to pos terity and future ages, for his diffidence and reserve hide all undfr a bushel. Thus arc the' brightest intelectual diamonds hidden under modesty's mother earth, i ............ ' I ' I mk ^ ^ — A diNTLEMAN recently arrived from Lon don, in giving his experience of a New York boarding-house, said it was "most 'strodi nary; but by Jove! it seemed to be hash Wednesday every day in the week."