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THE WEEKLY HERALD.
R. E. FISK, - ■ - Editor. THCKSDAY, APBIL 3, 1873. THE STATUTES. The following presents soihe of the conflicts and contradictions contained in the statutes of 1871-2. Whether the Code Commission Is responsible for this codified jumble, or the Legislature for enacting it into a law without knowing what it contained, or the Governor for refusing to prolong the session so that these laws could be thoroughly and carefully examined and corrected, we leave the public to judge. A very superficial reading of the statutes will convince any one that grievous blunders have been committed, and, outside of railroad considerations, as important as such considerations are deemed to be, fully justify the call for an extra session of the Legislature. Look at the following : Sect. 6, page 541» provides a penalty for fencing up or obstructing the highway, and the penalty is of snch a character that by Sect. 6, page 190, justices of the peace have exclusive jurisdiction in such cases; while Sect. 147, page 303, imposes a different pen alty for the same offense, and the penalty is of such a character that the District Court has exclusive jurisdiction over the offense. It would require a vast amount of learning to make these sections harmonize. Sect. 142, page 303, is the same as sections 1, 2, 3, and 4, page 519, providing against keeping open play houses, dance houses, etc., on the Lord's day. Sect. 117, page 209, provides that the Ter ritorial Grand Jury shall consist of 15 per sons, while Sect. 0, page 505, provides that 16 persons shall constitute this body. Sect. 58 of the Criminal Code, defining the penalty for assault and battery, when inter preted by the light of Sect. 6, page 190, gives exclusive jurisdiction in such cases to the Probate Judge, and lakes aw r ay the jurisdic tion of justices of the peace. Sect. 21, page 464, is re-enacted in Sect. 49, page 469. Sect. 104, page 455, provides for the elec tion of one county assessor, who shall hold his office one year, while sections 1 and 2, page 616, provides for the election of from three to ten assessors in each county, who shall hold their office for two years. Sect. 1, page 638, provides that no county warrants shall bear interest. This act was approved January 11, 1872 ; w r hile Sect. 10, page 480, authorizes the payment of interest on county warrants, and this act was ap proved January 12, 1872. If the people can manage to obey and ob serve one set of statutes they do well, but it w r ould require more than ordinary skill to ob serve the double-ended, hydra-headed laws contained in the codified statutes, and if the Legislature now 7 about to assemble will bring order out of this chaos the people will fully justify the extra session. Of the same character of legislation and codification is the act found on page 501,, Sect. 3, wherein it is provided that the sheriff shall recieve for boarding prisoners in jail a reasonable sum, not exceeding three dollars per day, while on page 422 he is authorized to receive four dollars per day, whether that amount is reasonable compensation or not. The people of this county were decidedly opposed to this convocation of the Lejjisla lature, and their representatives will go to the Assembly of the Legislature instructed to vote against subsidy in any manner, shape or form.— Courier Mur oh 21. Will our cotemporary state when the pe o pie of Gallatiu county "were decidedly opposed to this convocation of the Legisla ture?" Is the Courier in ignorance of the fact that a round majority of the voters of Gallatin county constituted a portion of more than five thousand petitioners who earnestly prayed the Governor to convene an extraor dinary session of the Legislature at an early day ? Is the writer of the above paragraph in ignorance of the further fact, that the Courier itself, in several issues, advocated a special Legislative session and favored the voting of a subsidy to the projected North and South Railroad ? The Courier asserts that the Gallatin representatives will go to the Assembly "instructed to vote against subsidy in any manner, shape or form." Who, pray, will instruct them? Not the people of the county, surely, as in that event they would stultify themselves as conspicu ously as has the Courier , and make them selves appear quite as ridiculous. The peo ple of Gallatin are not the* unstable, erratic changling8 our cotemporary pictures them to be. They are not the Jim Crow's the Cour ier would have us believe, w ho "Turn about— Jump about— And do just go," in imitation of our cotemporary's acrobatic feats. The folks may go out to see the clown, but none of them are going to break their necks tiying to do the clown's tricks. Mr. Garrett, of San Francisco, is a pa triot, and kindly offered to take the Old State House Bell from Philadelphia and mend it. He offers to "crack the otheifside," then sub ject the fractured parts to intense heat, suffi cient to melt the edges and fuse the metal; then he will run new metal, and make the bell as good as new. Philadelphia is indig nant. If the Old Bell were not cracked, it would not be itself. And, it is added, in the indignation of the Quaker City, that the pa triotic relict might never be returned if it should go to California. MINERAL ACT AMENDMENT. We are indebted to Delegate Maginnis for a copy of the Mineral Act Amendment, about which the several Territorial journals have recently expressed conflicting opinions. It will be remembered that, in answ er to a dis patch sent him by citizens of Helena, asking information of the provisions of the amend ment, Major Maginnis telegraphed the Ga zette tlAt the time for first annual expenditure on claims was extended two years. This statement we thought incorrect, and so said at the time. To definitely determine the matter, so important to the large class of our people engaged in mining pursuits, w T e com municated over the wires with the Commis sioner of the General Land Office, who re turned the following answer : Washington, D. C., March 15, 1873. To the Editor of the Herald: The first annual expenditure is required to be made on or before June 10th, 1874, on quartz claims located prior to May 10th, 1873. W. W. CURTIS, Acting ComT. The above dispatch, printed in the Herald of the 17th, harmonizes with the provisions of the amendment, which we print below. AN ACT to amend an act entitled "An Act to promote the development of the mining resources of the United States." Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled , That the provisions of the fifth section of the act entitled "An Act to promote the development of the mining resources of the United States," passed May tenth, eighteen hundred and seventy-two, w 7 liicli requires expenditures of labor and im provements on claims located prior to the passage of said act, are hereby so amended that the time for the first annual expenditure on claims located prior to the passage of said act shall be extended to the tenth day of June, eighteen hundred and seventy-four. Approved March 1, 1873. From the hostility of this paper toward the North and South Rafiroad Ring, and toward any private corporation asking a subsidy from Montana or any of its counties, it might be inferred we w 7 ould feel some chagrin in the call of the extra session.— Northwest , 22 d. We don't know how any one could so mis construe the Northwest. It interposed every objection it could "cunger up" in opposition to an extra session, and misrepresented, vili fied and slandered the railroad masses for months, and yet it would be unjust to charge that the Northwest experienced any cha grin at the triumph of the people in securing an extra session. It is perhaps not too much to say that the Northwest has ample cause to rejoice over the signal and emphatic rebuke administered to it by the Governor, who chose to accept the advice of more than five thousand of the voters of Montana to the unsafe counsel of the sapi ent sheet at Deer Lodge'. Wise men were correct in estimating that the enmity more than the good will of the Northwest was cal culated to strengthen the advocates of a spe cial session and the promoters of the North and South railroad. Reasoning from analo gy, their "heads were level," for a fact. The No'rihwest editor once championed the rascal ities of the Post under the " manager's" regi me, and the concern went by tbe board. He fought the Herald with unparalleled rancor, and the paper grew to be the first journal of Montana. He suggested and de fended Clagett's so-called "right of way bill," and the motives of the author who produced it, and he killed off both the bill and tbe del egate. He fought against an extra session, and an extra session follows as a natural se quence. He has been and still is opposing, falsifying, and slandering tbe great mass of tbe people arrayed in favor of railroads, and failure and disgrace will follow 7 bis impotent and malicious conspirings, as heretofore. Of course there, is no chagrin in all this for the Northwest editor! If he does evil things, he reasons that good things are almost sure to come of them. Let the evil doer do his da—rndest. The country and the people will Slow 7 all the better for it. The County Commissioners of Gallatin, having, with the Commissionsers of other counties, petitioned the Governor in favor of the extra session of the Legislature, called for next month, the Avant Courier , with a grand flourish, cries " The whole thing is a fraud." Fraud, indeed ! If we correctly un derstand it, (and we think we do), "the whole thing " is genuine—no fraud about it. The Gallatin Commissioners, like the Com missioners of Lewis and Clarke, and of Mad ison, alive to the interests of the public and echoing the voice of the people, sent up to the Governor their petition, favoring an ex tra session, and officially declaring themselves on the railroad and other matters requiring immediate legislation. The Courier has been sadly "out of joint" the past few weeks, and doesn't appear to know 7 its own mind—if it really has one—from one publication day to another. The druggists of Springfield, Massacusetts, have a curious practice of throwing cologne water over their lady patrons by means of a vaporizer. The Springfield belles take very kindly to the odorous show 7 er, but a country girl who was thus complimented thé other day did not comprehend the matter in that light. She thought the clerk was trying to stupify her with cloroform, and ran scream ing into the street.* She afterwards returned with a lawyer and the poor clerk w as in dan ger of a lawsuit, but finally pacified the dam sel by explaining this novel " courtesy of the trade." The'clerk won't waste cologne on country girls any more. Sunset Cox voted against the back pay clause, but since it was passed he will use the $5,000 to aid in supporting his father and mother. He says they are both orphans. The Montanian favors Mr. J . C. Kerley, editor of the Deer Lodge Independent , for Speaker of the lower house of the Legisla ture. Mr. K. is a very clever newspaper man, has seen service in the halls of legislation, and would doubtless make a competent pre siding officer. Mr. John H. Rodgers, another intelligent and excellent member from the same county, has qualifications fitting him for the position named. The Herald in dulges in none of the petty sectional feel ings that frequently find expression in the columns of the Northwest in matters w herein the /precience of mere locality is the gov erning impulse of one's indorsement or de nunciation—of one's smiles or frowns. Hon est, efficient, liberal minded men should be selected for officers of the Legislature, with out regard to the particular section they may happen to represent. The marine disasters of 1872 exceeded in number those of any previous year. Includ ing foreign going and coasting sailing vessels of over 30 tons register there w 7 ere 2,682 to tally lost. Of these 1,810 were English, 239 French, 222 German, 511 American, 194 Norwegian and 103 Dutch. The remainder belonged to other nations, neither of which lost so many as 100. Of foreign going and coasting steamers of over 100 tons register there were 244 totally lost. Of these 142 were English, 55 American, 11 Spanish, 8 German, 6 French and 4 Brazilian. Of 1, 288 accidents sustained by steamers 306 suf fered by broken machinery t 42 by leak in boilers, 22 by explosions, bursting of tubes, steam-pipes, etc.; 35 by broken screws, 41 by broken shafts, 35 by loss of screws, 60 by damage to hull and cargo, 18 by damage by tire, 229 by damage by collision ; stranded but saved by throwing cargo overboard, 165 leaky at sea, 86 ; loss of rudder, 12 ; steer ing gear disabled, 12. Tbe number of steam ers lost during the past three years is 179 in 1816, 175 in 1871, and 244 in 1872 ; total, 598. Here are a few "old hundred" cases of "good as ever./ "Mrs. Tozer, residing in the town of Athens, Me., is 107 years old ; knits stockings without spectacles. Jno. Boyd, Louisville, Ky., colored, 112; chews and smokes; third set of teeth coming; tw 7 o cords of wood before dinner. Sarah Flan ders, 105, Macon, Ga.; hale and hearty; en gaged to be married to Luke Cozzens, 1Ö1, of the same place ; temperance and anti-tobacco. James Tyler, Chicago, 105, lately whipped his son George Tyler, aged 80, for impu dence; fined $5. Mary Walters, Elmira, N. Y., 104; takes in washing; no spectacles; Bible tw T ice a day ; smokes a pipe ; strictly temperance." Elizabeth Cady Stanton addressed a let ter to President Grant concerning his inaugu ral. She thinks his prophesies of the future unity "are not vain imaginings, but mathe matical certainties." She thanks him for his generous pledges to three classes of op pressed citizens, laborers, negroes and In dians, but complains that lie forgot 20,000,000 disfranchised .women. The Michigan Legislature not only passed a prohibitory law 7 , but one imposing heavy penalties for selling watered milk, which prompts the Indianapolis Journal to inquire "if men are not allowed to put whisky in their water nor water in their milk, what is water good for?" That w 7 as a good though a rather severe pun which was made by a student in one of our theological seminaries (and he was not one of the brightest of the class, either), when he asked, "Why is Professor-the greatest revivalist of the age ?" and on all "giving it up," said, "Because at the close of every sermon there is a 'great awakening.' " At a place in China appropriately named Loo Chew, the indignant populace recently lynched an evil doer by tying him to a post and biting him to death, which is probably tbe Mongolian idea of trial by cbewry. Miss Sarah Smiley, a converted Quakeress, who was baptised in New 7 York*about a year ago, now 7 fills a pulpit in an up town Boston Baptist Church, and draw 7 s crow 7 ds to her ele gant and forcible sermons. Senator John P. Jones, the new 7 Senator from Nevada, contemplates erecting an ele gant private residence in Washington for oc cupancy by himself and family. The New Yerk Commercial remarks of the Rev. Mr. Talmagc, that as a pulpit ped dler of sensations and boss constructor of flapdoodle, he has no equal. A Roman paper says the King ef Italy has been warned by the British Government to be on his guard because a plot against his life has been formed in London. Mr. Edward Jenkins, the author of "Ginx's Baby," is coming to this country to lecture next season. Mr. Jenkins studied law in Philadelphia. "Smith & Wesson sociables" are nearly as popular in Chicago as Derringer matinees in Cheyenne, or bowie-knife soirees in Mem phis and shot-gun pic-nics in Arkansas. Alfred Ford, who has served on most of the New York papers, is associated with Croley in the editorial management of The Graphie. _____________ An amendment to the new code of Iow a provides for the exemption of "fifty sheep, six stands of bees, and the wool thereon." ' ▼ Our Southern Montana Letter. Tlie Pomeroy Lead— I ta Development— Nteaars* Hessette & Ney-New Discov eries—Extentlon of the Pomeroy and Bonaparte* * Bannack, March 25, 1873. To the Editor of the Herald. In continuation of a description of the leads of Blue Wing District, we w ill next mention the Pomeroy, the fame of wrhich has long since become well known. But a more minute description wiil perhaps be of interest to the readers of the Herald. The Pomeroy was discovered in 1868 by Messrs. A. Bessette and A. J. Ney. It is a strong ledge in limestone formation, cropping out for over a thousand feet, at places 8 feet high, and is from 8 to 20 feet wide where it crosses a ravine on the west. The course of the vein is north of east and south of w 7 est, and is traceable on the surface from No. 4 w r est to discovery claim on the eastern exten sion, about 3,000 feet. The lead is pros pected along tbe vein (by actual shafts vary ing from 20 to 70 feet .deep), for 1,500 feet. There are seven shafts in all. At tbe bottom of tbe deepest the vein of ore is 8 feet w 7 ide, but the north wall has not apparently been reached. There is probably about 500 tons of ore on the various dumps. Thirty-three tons of ore were sold to the Argenta furn aces for $35 per ton. But there is a quantity of the ore that assays high and is good ship ping ore. The dip of the vein is to the north at an angle of about 8 degrees. The charac ter of the ore is flinty rock containing chlo ride of silver. The colors of the ore are blue, green, and yellow 7 or buttermilk color. The latter predominates. Mr. Bessette has done but little more than represent it this spring as it is bonded for thirty-three thousand dollars, that is, a portion of it. There is also an eastern extentiou, and a few days since Mr. Merran made an extention on the w'est. He has found some excellent ores full of chlo ride and more decomposed than on the Pome* roy. West of No. 4 west, the vein is more decomposed, washed away and covered up by debris , but there seems to be no difficulty in finding it as Mr. Merran's discovery is not less than tw 7 o thousand feet from the discov ery claim on the Pomeroy. We have been thus minute because this is one of tbe most prominent leads in the Blue Wing district. Mr. Bessette keeps several men employed in developing his other prop erty. He has been making splendid .progress on the Bonaparte, and recently lAade a wes tern extension on the same which shows splendid ore. Prospectors are daily .looking after new 7 leads, and some of them are already crowned with success. Some of the new discoveries are very promising. In due time I will men tion Wem, as well as all tUc dcTolopmprits made in the county. S. F. D. Duluth is in ecstasies over ten miles of railway track, which it calls an "air-line" between itself and Chicago. A Denver actress received a hearty encore, a lot of boquets, and a bullet in tbe hip from her demonstrative audience. President Grant found the Executive of- fice a reproach, with bitter jealousies and conflicts of authority jarring it at every point, and be lias made it what the constitution de- signed it should be—the agent of the law, the minister of justice, and the messenger of right. No President has ever before done so much to elevate Executive authority ; and the results of four years show the wisdom of the man and the soundness of hi3 policy. The w 7 ar made him famous to the world, but peace has made him a blessing to his coun- trymen.— Philadelphia Press. - ^ ** < — I I » - Out of thfe 103 Representatives of Con- gress w r ho voted to pay themselves an extra five thousand dollars for their public services during the last two years, forty were Demo- crats. Out of tbe ninety-four voting against it, thirty-five were Republicans, counting the Liberals. Considering the relative strength of the parties in that body, it appears that the Democrats were more responsible for that take" than the Republicans. No capital can therefore be made out of the affair aginst -the party in power. - «Il H - The editor of "The Drawer" in Harper's Montfdy , who receives $2,500 per annum for his services in that department of antique humor, devotes every penny of his salary to ' charitable purpose, and has done so for years. He is the President of a prosperous insurance company, is in good circumstances and can afford to be liberal ; but he deserves none the less credit on that account, since those most able to do good generally do the least. Going to Cape May the other day, a young man was seen leaning over the railing of the upper deck, and with considerable violence giving to the winds and the sea the contents of his stomach. Just at this juncture one of the boat officials, walking briskly by, asked, m a patronizing manner. " Sick, sir ?" " You don't suppose I'm doing this for fun, do you? said the poor fellow, indignantly as soon as he could recover his breath. ' At a meeting of the Medical Society of Victoria, held recently, the following collec tion, taken from the stomach of a lunatic upon whom a post-mortem examination had been made, was exhibited: Twenty-five pebbles, sixteen pieces of glass, twelve nails one screw, two bones, a button, five bits of tm, a peach stone, six fragments of pipe stem, and a whole cutty pipe The cutty pipe was found fixed in the lieo-cæcal valve. Conversation between an inquiring stran ger and a steamboat pilot : " That is Black mountain?" "Yes sir; highest mountain above Lake George." Any story or legand connected witth that mountain ?" "Lota of 'em. Two lovers went up that mountain once and never came back again." "In deed. Why, what became of them ?" "Went down on the other side." WINTER ALONG THE NORTHER^ PACIFIC RAILROAD. Mr. W. Milnor Roberts, Chief Engineer of the Northern Pacific Railroad, in a letter dated February 27, 1873, makes the following authentic statement: On the finished line across Minnesota, from Duluth to Fargo, the road has been run all winter with remarkable regularity and free dom from snow difficulties. There lias been less necessary delay on the Northern Pacific Road this winter than upon the roads east of it to Chicago and New York. Considerable snow has fallen in eastern Minnesota this winter, but there has not been an unusual amount in the western part of the State and across Dakota. The occasional snow fences opposite the excavations Lave served their purpose well. In common with the rest of the country and with Europe, Minnesota, Wisconsin, Iowa and the entire Northwest have had a most unusual winter season. There have been some days of very severe weather, but it was quite as cold about the same period in most of the Eastern States. In January, at Duluth, the thermometer ranged as follows during tbe middle of the day : Average, 12 deg. above zero ; lowest on the 9th when it w as 8 deg. below zero ; the highest, 22 deg. above, on the 20th. Ab solute lowest, early in the morning of the 28th, 25 deg. below zero. At Duluth, in February, to tbe 15lh, average, 20 deg. above; low 7 est, 1 cleg, below ; highest, 31 deg. above zero; absolute lowest, early in the morning of the 2d, 17 deg. below. At Fargo, on tbe western border of Min nesota, in the open prairie of Red River Valley, the range of the thermometer in Jan uary w r as as follow's : Average, 6 deg. above ; lowest, 1G deg. below ; highest, 31 deg, above zero ; absolute lowest, early in tbe morning of the 9th, 30 deg. below zero. At Fargo, in February, to tbe 15th, tbe average w 7 as 11 deg. above ; lowest, 10 deg. below 7 ; highest, 33 deg. above ; absolute lowest, on the 1st, 10 deg. below zero. In the Rocky Mountains, cast of the main divide, at Bozeman, near the highest eleva tion of the Northern Pacific route, from the 5th to the 25th of January inclusive, the av erage temperature w r as 35 deg. above zero; lowest, 22 deg. above; highest, 44 deg. above ; absolute lowest, early in tbe morning of the 23d, 16 deg. abeve zero. It is notice able how much milder the weather has been at Bozeman, near Fort Ellis, and about 5,000 feet above the sea, than in Minnesota and Wisconsin, near the level of the lakes. The farmers of w 7 estern Montana begin their spring plowing in the latter part of January, the winter in that section being considered over, and the roads were dry and dusty. On the western slope of the Rocky Moun tains, in eastern Washington Territoiy, the local papers state that the farmers of Walla Walla valleys were plowing their fields on the 26th of January, though the early part of the winter had been, as elsewhere, unusually cold for the region. The winter climate along the Pacific Di vision of our road, between the Columbia Riyer and Puget Sound, which is in daily op eration, may be inferred from the fact that at Portland, Oregon, the average temperature for January was 45 deg. above zero; the highest was 58 deg. and the low est 34 deg. above. Snow 7 fell on one day, tbe 2nd, to a depth of two and a half inches. Grass lias been green throughout the winter about Pu get Sound, ana several varieties of flowers were in bloom out of doors in January and February. Our experience on tbe finished line, and authentic reports from the remainder of the route, satisfy me that the Northern Pacific Road, if con^pleted from Lake Superior to Puget Sound, would have been kept in regu lar operation the entire distance the last win ter without difficulty. —A Florida paper thus notes the sudden taking off of a citizen of that State : "The deceased was a victim of misplaced confi dence. It does not do to place too much de pendence upon the respect and affection of aligators. ,This open-hearted man lately caught one of these playful and pleasing creatures and cultivated his acquaintance with loving assiduity. He gave him chunks of beef on his best pitchfork, and threw him hams from his own larder. Growing in in timacy he entered his premises to pat the back of the animal. A twinkle of the eye, a rumple of the hide, a smile, a snap, a gulp, and our friend departed to return no more. No ! no, in deed, it does not do to rely upon the loving nature of a Florida aligator. Dr. Chalmers says : "The little that I have seen in the world and know 7 of the his tory of mankind teaches me to look upon their errors in sorrow, not in anger. When I take the history of one poor heart that has sipned and suffered, and represent to myself the struggles and temptations it passed through—the brief pulsations of joy, the tears of regret, the feebleness of purpose, the scorn of the world that has little charity, the desolation of the soul's sanctuary, and threatening voices within—health gone, hap piness gone, I would fain leave the erring soul of my fellow-man with Him from w hose hands it came." When President Lincoln was passing through New York en route to Washington, for his first inauguration, Fernando 'VVood w 7 as Mayor of New York. In his speech, the Mayor asked the President elect : " Will you hold the States or let them go, Mr. Pres ident?" Mr. Lincoln calmly replied: "I understand a ship to be made for the carrying and preservation of the cargo ; if the ship can't be saved with tbe cargo the cargo is sometimes sacrificed, but as long as the ship can be saved with the cargo it should never be abandoned." The rebel bully asked no more questions. About the best story told lately is of a wealthy New York German and a Hartford livery-stable keeper, who was loth to let his best rig to a stranger. Tbe German was bound to have his ride, and agreed to buy the horse and sleigh, and when he returned the stable-keeper might refund the money. This was done, and the team returned and the money refunded, when the German started to go. "Hold on," said the man of the horses; you have not paid your horse hire." "Why, my dear sir," said the New 7 Yorker, coolly, " 1 have been driving my own team this morning." The Fort Kearney army officers pay a col ored man $100 per month, whose sole duty is to break in their new hoots. As an expec torator of oaths he is said to be able to dis count the army that " sw 7 ore so at Flanders," and members of the Young Men's Christian Association who get within ear-shot of him, wrhen on duty, are struck with paralysis.