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THE WEEKLY HEEALD.
R. E- FISK, - - - ■ Editor. THCBSDAY, APRIL 24, 18Ï3. a question only of time. Such is the answer and argument of a num ber of our citizens who are opposed to aid ing the construction of a railroad, and are yet too intelligent to deny the manifold advantage that .will come to us only with the iron rails. We are ready to concede the truth of the statement, that it is merely a question of time. So firm is our conviction in the im mense w ealtli of our natural resources that when the half is generally known, we do not believe it possible to keep railroads away from here. We believe many single mines among thousands that we possess have enough wealth to justify the construction of a branch to connect them with the C. P. and U. P. railroads. If our citizens only had the means to open fully our rich miues so they could display their wealth to the world and could induce capitalists to come in and view the tempting riches ; if we could only get the cautious capitalists to look in upon and climate for themselves the certain promises for instant and constant employ ment and rich returns for any road that will connect us with the markets of the world, wc have little doubt that such capitalists would at once undertake Ihc work without asking our aid in subsidies. But there are so many more acceptable fields for investment, not only in our own country, but all over the world, seeking and competing for the atten tion of capitalists that there is no occasion for them to go abroad looking up good in vestments in distant corners of the globe. If we pursue this supine policy, it is much to be feared that we will wait loug and see our selves distanced on all sides by those more enterprising, though they have less in fact to offer. Even if we have to wait five years to secure a railroad without subsidies, in that short time comparatively the present resi dents of the Territory will have been starved out, and sick at heart with hopes deferred and energies rusted, will have sought relief and new life in more enterprising sections. This willingness to wait for something to turn up ; for others to make improvements by which we shall be .benefitted, is indicative of that fatal lethargy W'hich precedes death, er rather is incipient death. Such dying drones are sometimes drawn on involuntarily into pos terity as dust is taken up and whirled along by the moving w'lieel. Who ever knew* such people to recover the life they have once sur rendered? Who ever knew such palsied limbs of society to regain their w onted life ? See the effects upon the development of our quartz lod«s of this policy of waiting till some one else shall make us rich ! Suppose it is only a question ©f time. Time is everything to us w r ho have our little all invested in Montana. It is this little question of time that w ill determine whether these vast capabilities of wealth that sur round us shall inure to our benefit or go to a more enterprising portion of our race. It is more even than this; it is almost a question of life and death to us. The turn of this question will determine wdiether we have life enough to make and rule our own destinies, or w'hether we are already so dead that we are willing to accept the sen ile state of al lowing our interest to sink or rise by the ac tion of strangers. Let those who are willing to wait remember that time once lost is never regained. To wait five years, even if our energies could survive such a sleep, will place us forever five years behind our rightful des tiny. THF PRE-EMPTION ACT. It will be remembered that the Herat,d a short time since gave the substance of a bill, supposed to have passed the recent session of Congress, repealing or materially modifying the Pre-emption Act. Our article was based upon information obtained from several of our Eastern and Western exchange papers, as well as intelligence to the same effect, w hich reached us from Washington. Advices of a more recent date confirm us in the im pression that the stated repeal of the act in question was a mistake. We are led to this conclusion by a letter from Delegate Magin nis, bearing date Washington, April 14th, and addressed to L. B. Lymaip, Esq., of this city. Mr. Maginnis say-s : 'T went up to the Commissioner to-day and asked him if the bill referred to in your telegram had become a law, and he informed me that it failed in the last hours of the ses sion, though for some days it was thought at the Department that it had passed. Such did not prove to be the case." is to A in of Confirmatory of the truth of statements put forth by the Herald, and of the lies re peated again and again by the Northwest , concerning the advance of the Northern Pa cific Railroad, is the following paragraph clipped from the Walla Walla Statesman of April 5th. It seems quite superfluous, after the manly, honest, outspoken admissions of Vice President Rice, to repeat the evidence of Mr. Ritz, but we do it nevertheless, if for no other purpose (ban to show to the shame less sheet across the divide something of the number and respectability of people beyond our border w ho bear testimony to its men dacious inventions and falsehoods. Says the Statesman : "In conversation with Mr. Philip Ritz, who has just returned from the Atlantic States, where he was in constant cammnnlcar tion with the leading men of the North Pa cific, we learn that there is little probability of anything being done this year on the main line of the road leading out from Colombia. The scarcity of money, and other causes not necessary to enumerate, will prevent active railroad operations on the line for the present.* of an of by to is yet of of in AN IMPORTANT DECISION. On the 31st of March, this year, the Su preme Court of the United States caused its decision to be read in the case of Alcott vs. the Supervisors of Fon du Lac county, Wis consin. This decision is important because the court had thereto always followed the de cisions of the State Supreme Courts on the point involved. Here they do not follow the State Court, but decide the case on its merits. Alcott (plaintiff) in behalf of a railway cor poration, sued the Supervisors of the county named above to enforce the payment of the interest on bonds voted by the county under an act of the Legislature of Wisconsin to aid in constructing said railway. The case was litigated through the courts of the State and finally appealed by Alcott from the Su preme Court of Wisconsin to the Supreme Court of the United States. The question before the Court was : "Has a State Legis lature power to levy taxes on all the property in any county, or on all the property in the State, to assist a corporation in the construc tion of a railroad?" The Supreme Court of the United States decided : First—That railroads are public highways, whether they are built and operated by the State or by private corporations. Second—That the building of railroads is a. matter of public concernment, and that it is as lawful for the State to aid them as it is by taxation to aid in the construction of wagon roads or any other public w orks. Third—That the collection of taxes so au thorized by the Legislature to be levied and collected, cannot legally be resisted under the authority of article V. of the amendments to the Constitution of the United States, which provides that "private property shall not be taken for public use without just compensa tion ."—Sacramento Union. The foregoing decision by the highest ju dicial tribunal of the land, is rather calculated to spike the heavy artilery employed by our West Side cotem. We trust, if "L. J." is the honest, high-minded public instructor and protector that he recommends himself to be, that he will now' haul down those double headed and double-leaded judicial mots, which for weeks past have glared upon the several Northwest readers, like a very head of Medusa from under the broad-faced type heading, "The Safeguards of the Constitu tion." At least, common decency and honor will require him to append, even if he can only do it in ordinary sized type, "Overruled by the Supreme Court of the United States." No small considerations, we feel sure, will preyent Jim from telling the whole truth upon this subject, so full of present interest to his coterie, and upon w'hich he has under taken to enlighten their darkened understand ings. A higher court than even the Supreme Courts of Wisconsin and Michigan has de clared that assistance extended to a railroad is not devoting money to mere private purpo ses. Railroads, as we have alw'avs believed, are now declared to be public highways, by the final arbiter of the safeguards of the Consti tution. Unless we are very much mistaken, tlio pnhlio litto a tlccpci intoroqt in tliLa cLacio ion than in any temporary relief or partial triumph. The question that is now coming to the fore-front of public attention, »»neiner tiie people, through their Legislatures, can control the grasping greed of short-sighted, soulless corporations, and make them subserve the public interests when they are foolish enough to seek to defy and thwart the»^. will be found t© turn upon this yery fact < nut rail roads are public highways, and as such sub ject to public restrictions such as public in terests, security and prosperity may require. A triumph of the doctrine advanced in the courts of Wisconsin and Michigan w'ould be the most direful defeat to the people's interests that the ingenuity of devils could devise. If railroads were mere private property, what business would the State have in interfering in any shape with the manner of its use. The inevitable rapid growth of railroad wealth and power, with the facility and na tural tendency'- to combine, will soon see us face to face with a power that will require all the wisdom, integrity and strength of the people united to deal with. We do not share the gloomy fears that many express as to the issue of this great contest. We believe the interests of railroads and the people are identical ; indisolubly connected for mutual ■weal ; that neither can flourish at the expense of the other; that the highest interests of one are the highest interests of both. But the declared fact that railrôads are public high ways, constitutes the hold by w'hich the peo ple, through their Legislatures, may control them, and is of more value than total ex emption from taxes in aid of these beneficial creators of public wealth and private energy and enterprise. We discover a conspiracy on the part of the Council to get hold of a copy or two of the Northwest before the session closes. That body has resolved that the thirteen members be supplied with "one copy each of two Territorial weekly papers." This is an extraordinary, (session) proceeding. Its effect will be to temporarily double the circu lation of " Limber Jim's" paper, and give the eastern border sheet a status it hasn't aspired to since the receipt of its last bag of potatoes. And all this at the expense of the public revenue ! Are the economy pre cepts eliminated by the Governor in his late message so soon to be ignored? But the Governor will put his 'toe upon it, and save the people their V. With this pleasant thought we rest content. We are indebted to Councilman Lawrence for a copy of the bill drawn and introduced by him, entitled "An act to provide for the creation and regulation of railroad compa nies in the Territory of Montana." From a hurried glance at its previsions, we judgethat the bill, while possibly defective in some minor particulars, is, ih the main, calculated to answer the requirements of the incorpda tion act needed by the Territoiy. Our spice is too limited to admit èf its publication at this time. to of the ists ed the ject him U. the of of its to a. Letter from the Capital. Legislative Work-Members Address ing- Themselves to Business—Amend ing the Laws—Reduction of Fees—Re fusal to Repeal the Soldier .Liquor Law—The Presididg Officers Again Complimentcd-Result of Judge Rice's Visit—Friends of the IV. P. Sadly Ris appointed—Personal—Social Life at the Capital, etc. [FROM OUR REGULAR CORRESPONDENT.] Virginia City, April 18th, 1873. The Legislature has, until the present time, been busily engaged in the introduction, read ing and referring of bills, and little or no excitement incident to legislative bodies has taken place. The disposition of the mem bers of both houses, regardless of political bias, w T ith but few r exceptions, has been to labor and legislate with an eye solely to the general welfare of the people of the Terri tory. Most of the bills introduced are im portant in their bearing and absolutely neces sary under the present condition of our law T s, and I have no doubt that, when the present session shall have ended, our statutes will be almost entirely relieved from the contradic tions, errors and redundancy caused by a lavish use of paste and scissors. The subject of the reduction of fees has engaged the attention of the Legislature to a considerable extent, and the apparent neces sity of their reduction has forced itself upon every individual member. There seems to be a disposition on the part of certain mem bers to severely reduce the fees of officers who might, from the nature of their tenure of office, be Republicans, and to retain the present exorbitant fees of county officers who are elective ; but we are glad to see that the majority of the members of the Legisla lature are just what they should be—liberal minded, public-spirited, and rising above the ignoble and contemptible instincts of party prejudice—and insist that as far as possible all officers shall be treated alike. If the wis dom and fidelity to the people at present manifested by these members continues to prevail in the future deliberations of this Legislature, the people will ow e them a debt of gratitude. The proposition is to cut down all fees one-half from the present standard, to make them uniform, and, in cases where possible, to attach a salary to the office. A proposition will be made to make the Sheriff ex officio County Collector, and the Probate Judge ex officio County Recorder, and the District Clerk ex officio County Clerk. These several propositions meet with some favor. The first discussion in the House occurred upon the final passage of Council bill No. 3, repealing the law prohibiting the sale of in toxicatinir lian^to soldiers. It had passed the Council»,AR<f was au\u^ fp ^ t]ie jj 01 jgg by Coleman, of Gallatin, and opposed by Sanders and Dusold, of Lewis and Clarke, of Beaverhead, and others. Sanders made one of those eloquent protests peculiar to him when his heart is enlisted in the cause he advocates, and Dusold advocated the de feat of the bill before the House in some sen sible and effective remarks. The Captain took our folks by surprise, for bis modesty hitherto had prevented us from realizing his ability as a speaker. The bill was rejected by a large majority. In the afternoon session; the House was engaged in considering the bill of Mr. Cole man, of Gallatin, to require County Clerks to perform certain duties of District Clerks, etc. This bill was advocated by Coleman and op posed by Ezekiel, of Madison, and Sanders. The bill was rejected by a large majority. Several interesting discussions have oc curred in the Council upon the passage of bills. Business in both Houses is progressing very rapidly; and it is due to the fact that the present Legislature is the best that the people of Montana ever elected. Hon. G. W. Sta pleton, President of the Council, and Hon. John H. Rogers, Speaker of the House, are proving exceedingly efficient in their res pective positions, and under their presiding the deliberations of the two bodies are char acterized by decorum, dispatch, and com pleteness. They are both winning golden opinions from tie members and citizens re gardless of party.) Lawrence, of Lewis and Clarke, intro duced a bill changing the name of Lewis and Clarke county to Clarke county, which passed the Council. There is no doubt that it will meet a merited daath in the House. Judge Rice delivered an address to the members and th« citizens upon the present progress and future prospects of the North ern Pacific railrpad, and we regret to say gave us little encouragement to hope for speedy relief from that railroad. TIfe sum and substance of his whole address was that the road would be built as rapidly as the bonds were sold. • Much disappointment ex ists in consequence of his evasive or rather indefinite information, as many here sup posed he came ta locate the company's de pots in the Territory. Judge Rice expressed ed himself well pleased with the portions of the Territory he had seen, and it was a sub ject of regret to the Lewis and Clarke dele gation that want pf time would not allow him to visit Helena and the valley of the Gallatin. Col. Hauser, President of the M., N. P. & U. R. R. Co., arrived in town Thursday evening, and was heartily welcomed as the financial head and promoter of a great and beneficent enterprise. It is the intention of the citizens to listen to him upon the subject of railroads and their uses. The Virginia City Dancing Club gave one of their parties, to which the members of as d the but We at a the Legislature and distinguished /rangers were invited. It is a recognized facMirough out our Territory that the citizens 4 Virginia City surpass all others in their /oSpitality, courtesy to strangers, and tbs elegance of their social entertainments. / ö sojourner within hfcr gates ever turns his f^e homeward without carrying with him a yarmer regard, higher appreciation, and mort tender remem brance of her people ; and wtli her abundant store of social attributes fhd virtues, she beguiles Montana's law-maiers from stormy debate to the pleasures of «. refined social ex istence, and lures the wicled and impendent lobby from their watchful vigils by the "wiles and smiles and winning ways" of Virginia's fairest daughters. Tho»> who think that the social city is deserted, iliould have seen the array of grace and beauty moving in the be wildering evolutions of the dance, like Juno's Swans, and whatever perplexities may sur round the reason why the women stay', the cause is very patent why the male portion re main. Everything was done to make the occasion pleasant, and the courteous treat ment received from those present will never be forgotten. Grave Senators, whose dignity on ordinary occasions a full-grown earth quake could not disturb, were devoting all their energies to the sedate quadrille, the fes tive polka, the pensive schottische, and the seductive waltz. And we may here remark that we witnessed a sight on that occasion never presented to our vision in the metropo lis of an "outsider" dancing with the belle of the ball-room. It may not be out of place to remark as a caution that one young mem ber of the Third House from Helena has found "eyes that are brightest," and there is trouble in the House of David. We are expecting several important mat ters to come up which may interest Helena, of which you will be advised. L. C. Letter from the Capital. The Leffitlature-North ana South and Last and West Railroads* [from an occasional correspondent.] Virginia City, April 17, 1873. To the Editor of the Herald : The Legislature has been three days in ses sion, and seems to be coming down to its work. A large number of inexperienced hands makes its first "work slow. The inex perience of the Clerks, the number of which is limited now by Congress, coupled with the decided incompetency of some of them, will dqjay business considerably. Aside from the orgànization, in which the Democrats took every crumb, politics does uot seem to divide the members much. There has been enough Republicans to follow Independent Demo crat,« er- «nnnrrti Tn/ipnendent Democrats to follow Republicans to beat every measure which bad no merit but its political bearings. This is most creditable. The Legislature is promising well. Let us hope the promise will be fulfilled. On the day of its assemblage, Hon. Judge Rice, Vice President of the North Pacific Railroad, dropped into our quiet, social city, quite unheralded. There was some hot haste to toady to him, and many men anxiously in terviewed him. The same coach brought the Nortlacest. He made a speech last night in Driggs' Hall to a meeting largely attended. He gave a clear statement of all that had been done, of what road the company had, and enlarged on the difficulties of their her culean undertaking. He said the Bozeman and Deer Lodge passes had at first been thought the most favorable ; that they had supposed the Salmon river route a shorter and more feasible line, but last year's surveys unexpectedly demonstrated that the Muscle shell and Mullen Pass route was far better than they had supposed, and lie intimated of Of of it the of in pretty strongly that the road might run by j the way of Helena. He stated at length the difficulties from Indians and from a Avant of knoAvledge of the .country ; said they pro posed to build from forty to seventy miles on the west end this summer, and complete the road to the Missouri this spring, if not already done ; would have boats on the upper Mis souri, and might put boats on above the Falls. He said the Government xvas going to build forts to afford more efficient protection to their corps of engineers. He said they did not propose to abandon the enterprise, no matter bow insurmountable the difficulties ; that they had much money invested in it, and, beside that, took a just pride in it as a great national undertaking ; that because their bonds did not sell so rapidly this year as they did last, they were not discouraged ; that it Avas a wonder that so much money had been raised instead that more had not been raised. He said many had asked him when the road would be completed. He could only sav, as he had before, that hè could not tell ; that it would be done just as soon as the company could do it ; that they had through 1877 to complete it, and did not intend to forfeit the charter; he regretted that they had nota money subsidy, though their land grant was magnificent; the west part of the road to be built this year is north, along or to Puget Sound. He said the proposition to bnildfrom near the mouth of Snake river to Hake Pen d Oreille had been given up. He counseled patience, and promised us the road some time. If we had any money to spare they would take it, and give us full receipts. My own impression is, that the surveys through Montana may be completed this year, but probably not until nextyear, if then. I judge the finances of the company in good hands but strained by the large demands on them! We feel that perhaps Madison county may have no part of this road within its limits, but Ave to in off We ble tion last for of at of tona road built the east that his of leave a U. of is is have hopes that we may. The general ini. pression left by Mr. Rice was that lie was a candid, honest man, who would not lie to please any one, but the feeling of discourage, ment has been greatly strengthened with those who were so sanguine as to expect an early completion of the road. Going from that meeting to the columns of the Northwest , and reading the countless falsehoods of that paper on a subject where we. had just got so much information that was reliable, impressed Madison people more than ever with the ridiculous and shameful course pursued by that paper. Mr. Clagett's letters of prophesy and promise, too, were all exploded. The editorials of that paper will read more ridiculous to all M ho M ere present last night. The futility of lying has been made painfully apparent to that sheet, and the North and South railroad prospect re ceived an impetus from the meeting which will prove of inestimable value to its friends. Judge Ilicc seemed to feel like all the ofiicers of his road—friendly to Capt. Mills' opposition line(?). Madison c mty expectantly looks for the legislation which shall result in the North and South road. The "300 miles on the Avest end" and "300 on the cast end of the North Pacific railroad this year," promised by Mr. Clagett, exists only in his invention, as Mr. Rice lias no idea of any such work. But euongli. You and I have too widely advertised that paper and that man. Give each the mercy of your silence. MADISON. Of ores shipped, at Of copper ores shipped at 346,944 5,000 Making a total in value of $5.073,839 The above journal of April 18th publishes the statistics of Utah mines for 1872, made up from three different estimates. The largest estimated yield of gold, silver and lead is $3,232,377 Yield of Montana greater than that of Utah, $2,840,962 We take the largest estimate of Utah for 1872, although the smallest estimate makes the total yield but $2,427,181. Marshal Wheeler makes the yield of Mon tana for 1872 about $7,000 000, in which esti mate our bankers and business men concur ; but Prof. Raymond deducts the estimate«? shipments or ine nrst *our mumns or t#Tj, (the time, May 1st, for which the contracts for 1872 of the shippers of gold M'itli the Ex press company expires,) and which must be made up from the product of 1872. Con ceding all this, and taking the lowest estiiw of Montana and the highest of Utah for 1871 and we have produced nearly double the value of precious metals yielded by Utah in that year. Our present M'hite population does not ex ceed 20,000, while Utah claims 120,000, ami it is stated that over $30,000,000 of foreign capital has been invested in Utah mines within the past three years. Thus, with one sixth of the population of Utah, and no for eign capita], our people have produced by their own labor nearly double in value more precious metals than Utah. This state of facts should give our people the utmost encouragement to wait in faith and labor in hope for a speedy development of the unbounded wealth M'liich surrounds us in every mountain gorge and gulcli. We pro j duce now every variety of grain and all the vegetables of this latitude in the greatest pro fusion. We can and do raise Avith very little cost more cattle, horses, sheep and hogs than Ave can use. With this unlimited profusion of -mineral, vegetable and animal wealth abounding all around us, we require but one more element to make us the greatest produces of Avealth in the world. Our present isolation cuts us off from the teeming, li\ r ing, active Avorld We need and must lia\*e in the shortest possi ble time a railroad to connect us with that world. Every year's delay is a loss of mil* lions to us, and very soon after such connec tion is secured, Ave would not feel the pay ment of interest a burden on any reasonable subsidy wc could give. Colonel DeLaoy, who M r as employed all last season in exploring and surveying the Salmon river region to determine the prac ticability of that route for the Northern Pacific Railroad, reports adversely on its feasibility for a railroad line. The Colonel, who is one of the first civil engineers of the country, i* at present in Virginia City, having accom panied Judge Rice from San Francisco to Montana. In a letter to a prominent citizc® of Helena, CoL DeLacy states that the N Company will prosecute no surveys in Mou tona the present year. The forty miles of road put under contract on the west end be tween the Columbia and Puget Sound will 1* built this year, but beyond that, (having S ot the rails down to the Missouri river on tbc east end,) nothing more is promised by d ie company at this time. We are glad to bear that Col, DeLacy's health is somewhat i proved, although his eyesight, impaired by his trials and sufferings in the alkali regio»* of Idaho, is not wholly recovered. He** leave the Capital for Helena in the course oI a few days. ItlONTANA Ann LTAlil MIXING. The Engineering and Mining Journal, of NeAV York City, edited by Prof. Raymond, U. S. Commissioner pf Mines, has recently published from his forthcoming report of mining statistics of the United States, the products of the several States and Territories of precious metals for 1872. The yield of Montana in gold lie places at $4,721,39.7 silver, including the lead in