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THE WEEZL7 HERALD.
R. E. FISK, - - - - Editor. THURSDAY, APRIL 24, 1873« THE RIGHT TO GRANT SUBSIDIES. In what we propose to say on this question we shall not presume that we possess greater wisdom than the Supreme Courts of Michigan and Wisconsin, nor shall we announce our opinions with any dogmatic assurance. We know very well that there is a wide diversity of opinion among the most honest, enlight- I ened and experienced political philosophers and statesmen as to the propel 1 limitations of legislative functions and power. On no one portion of this subject does this diversity range wider than upon this of taxation, and what are proper objects of legislative favor and assistance. That taxes should be levied and public monies appropriated only fôr public and never for mere private purposes, seems to be almost universally conceded without ques tion ; but over the application of the prin cipal arises the strife. When the Supreme Court of Michigan goes to the extent of say ing that appropriations in aid of railroads are appropriations for merely private pur poses, they judicially declare a falsehood; they deny a fact as clearly and firmly estab lished as any fact in human experience, they may cover their veracity by the quibble that the stock stands in the name of private individuals, and they only divide among them selves the net cash receipts. But it is equally certain and evident that the wealth created by railroads is but a small portion of it re presented by*the stock. The farmer has the price of his land doubled, with an increased value to every article raised upon his farm. This is his stock, and it yields dividends as regularly' and more surely 'than that repre sented on the books of railroad companies. Every other industrial interest and enterprise feels the same quickening of life, enhance ment of values, and multiplication of profits. If railroad companies could gather one-half of the legitimate profits that perpetually flow from their labors and expenditures, they would never need to ask for legislative aid, and have no occasion to bewail their scanty dividends. It is of no use to say that these indirect benefits are too distant and shadowy to be estimated and accounted for. They are just as permanent and inseparable as that portion represented by stock. A railroad once built is as permanent and vastly more reliable in our latitude than a navigable river, and if it is a proper object to devote public treasure to render our rivers servicea ble to the public, then much more, if judged by the standard of public benefit, is it legiti mate and proper to devote public funds to encourage the construction of railroads. It does not interfere with the force of our com parison to say that the rivers are free to any one to run a steamboat, but none but the railroad company have the privilege of their track. Why should not boat and ship own era dredge channels, remove obstacles, build lighthouses, and do all other things so essen tial to their private safety and success? The sole purpose of the existence of govern ment, and of all the powers it exercises, is to protect and enhance the interests of its indi vidual components and subjects. In one sense all public expenditures are for private uses. Taxes are proper to raise monies for salaries of public officers, are they not ? But these monies thus appropriated are surely for private uses. It is certain that these Michi gan and Wisconsin courts have not disproved the right or propriety of assisting rail roads by the principle they have an nounced as the basis of their decisions. In perfect harmony with that principle it can be shown that no part of the public expendi tures yields richer harvests of return to a larger portion of the public than that given to aid railroads. WHAT RAILROADS HAVE DONE FOR COLORADO. Five years ago not a mile of railroad had been built in Colorado. To-day thirteen rail roads are built, or in process of construction, with an aggregate length of fourteen hundred miles. Five of these roads enter Denver, to all of which that city and Arappaho county have extended aid by subsidies—the first road completed to the amount of $400,000. The effect has been that Denver has advanced from a decaying town to a city of nearly twenty thousand inhabitants. Eight hundred buildings were erected there last year ; while the population of the Territory has doubled within the last two years, and is now about 100.000. The Territory is out of debt. No Territorial tax tea» levied in 1872 ; there is a surplus in the Treasury. The property valu ation of last year exceeds $31,000,000 ; and in an official statement just published, we find that it is considered "safe to say that from the rapid development and building of railway* the population will be increased 25.000, and the valuation of property will be, at the expiration of the present year, $50, 000 , 000 ." _ to by by in is Amoxq several important bills introduced in the Council by Bullock, is one for the municipal incorporation of Helena. We have not been favored w ith a copy of the measure, but presume it is carefully and property drawn, and with that understanding we give in our adherence to it at once. Hon. Bo bert Lawrence, of Lewis and Clarke, says the Monta nian, has introduced a bill to provide for, ^creation and régula, lion railroad of companies—w hich is an act in •f to provide for the incorporation of railroad! companies, and is well prepared. j RIGHT OF EMINENT DOMAIN. We have heard it often mooted whether our Territorial Legislature possessed sufficient sovereignty to legislate on the subject which constitutes the title of this article. It is con fessedly one of the highest attributes of sov ereignty to be able to subject private property to supposed public necessities, and yet, whether we consider the grant of Legislative powers contained in Sec. 6. of our Organic Act, or whether we search still deeper for our material and inalienable rights of self govern ment, we can see no way for any one to es I ca p e conclusion that it is a proper and necessary right inseparably connected with the very idea of legislation. The language of Sec. 6. is "that the legislative power of the Territory shall extend to all rightful sub jects of legislation consistent with the Consti tute* of the United States and the provisions of this act." Of course the States, as well as the Territories, are restricted to legislation consistent with the Constitution, and so is Congress itself, and what it could not do itself it could not have authorized any other body, still less one of its own creation, to do. It only remains, then, to inquire whether the exercise of this right of eminent domain is consistent with the provisions of the Organic Act. Now there are two theories respecting the nature aud extent of legislative powers exercised by our Territorial Legislature. One is, that it is the simple creature of Congress, and invested only with those powers ex pressly conceded in its creative act. The other is, that Congress can go no farther than to determine the proper limé and the regular ity of form in calling it into existence, but then its powers of action are inherent and original, not at all the gift of Congress or dependent for existence and exercise upon its nod or good pleasure. It is more a question of curious speculation than otherwise whether this right of self-government is ours origi nally from natural right, recognized in the Constitution and above the power of dictation of Congress, or whether we continue in the same situation as the American Colonies when governed by the British Parliament. For our own part, we have no sort of doubt as to w r hich of these conditions our right of self-government is to le assigned, and though we Are accustomed to think that Congress can do what it pleases with us, an nulling whatever it likes of our legislative acts, we believe we have and hold our rights by some higher sanction than the whim and pleasure of Congress. In our opinion the language used in the Organic Act, that this legislative power shall extend to all rightful subjects of legislation, is a recognition of a fact rather than a concession or grant. The common law of legislative rights, as exercised by the sovereign States, determines what are rightful subjects of legislation.' We never e.vpcut io see the tyranny or congress exer cised to such an extent as to force this ques tion to an issue in the highest tribunal of the land, but we are very clear what such a trial would prove. The legislative powers of our Territorial Legislative are just as high and broad and deeply founded as those exercised in any sovereign State. Its power over the lives and property of its constituent subjects is just as ample, based upon the same rea sons, circumscribed bÿ the same limitations. Our Territorial Legislature cannot grant a right of way over government lands ; neither could a State Legislature; butin the hands of any one else, whether it be individual or cor poration, it can subject them to what it con ceives the public welfare may require. A GOOD APPOINTMENT. The President has appointed Thomas P. Fuller Collector of Internal Revenue for Montana. The above announcement reaches us in our Washington report, which the mended wires flashes to us this morning. No selec tion which the President could have possibly made for this important office could liave given to the people of Montana more univer sal satisfaction. Capt. Fuller is favorably known throughout the Territory, in connec tion with the Internal Revenue office, in which capacity he has been a most efficient aid to Assessor Church for the past several years. He has an army record, of which the truest and most patriotic soldier can scarcely boast a brighter. He gave to the Government some of the best years of. his life, serving throughout the War of the Re bellion in different capacities, from private in the ranks to Adjutant General of Division. The gallant Kearney, to whose staff he was attached, found in Capt. Fuller one of his bravest and most reliable aids. The scars which his person bears attest that he shirked do responsibility nor avoided any danger which his soldier duties and his country's defense called upon him to brave. We have enjoyed an acquaintance with Capt. Fuller for seven years. He was a voyageur with us to Montana, by the North ern Overland Route, in 1866. Seventy days •f trial and hardship on the plains taught us lis worth above many others composing an Expedition of five hundred persons. He has ever since shown himself the true gentleman ind unselfish firiend developed to his asso eiates—many of whom are still residents of Montana—on that journey across the plains. We rejoice with the people that the Captain las succeeded to the Oollectorsbip. He is korthy and deserving of the office, and is fminenüj fitted to well and acceptably dis charge Us d uties. t . A bill introduced by La whence, changiig the name of Lewis and Clarke to Clarke county« bas passed the Council. We fail to seethe necessity or relevancy of this changé, j arid trust the bill will iot pass the House of as is is MORAL SUPPORT. We have read with much interest, and we must also add, with much disappointment, what Vice President Rice of the Northern Pacific railroad has to offer in connection with the road he represents, as reported in the Montanian. With a large portion of his statements we had become tolerably familiar already from their remarkable coincidence with articles in the Northwest. We looked eagerly for some reasonable assurance that the Northern Pacific would soon be in Mon tana,and were sorely disappointed to learn that not a mile west of the Missouri had yet been contracted for ; in fact, that the surveys were not yet completed so that contracting could be thought of. We supposed this must neces sarily be the case, but there have been so many positive statements to the contrary by some of the indiscreet " moral supporters" of this great enterprise, that a large portion of our citizens seemed to abandon their good sense on this subject, and believe simply be cause it is pleasant to believe. We should be only too happy if we could believe that the Northern Pacific were speedily coming into the heart of our Territory. And we are now and always have been ready and anxious to render moral and substantial support to this grand enterprise from which we surely hope so much. But there is something extremely vague about this idea of " moral support" which we are exhorted to give to the Northern Pa cific. .The term is generally employed in contradistinction to "material" support. This latter they have already from another source, though Judge Rice says, what would be very unnatural to disbelieve, that they are willing to accept any extra millions that we may feel like bestowing. We do wish fur ther light on this question of "moral sup port." As far as we can understand any proper use of the term, we always have ren dered it, and stand committed by the highest considerations to accord it in the future. We certainly think the Northern Pacific railroad is one of the grandest enterprises of the age, meriting all the eulogies that have been or can be rehearsed in its praise. We do not underrate any of the blessings it will bring to our Territory and people. We believe its bonds to be a splendid and safe investment, and urge those who have any money seeking investment to place it there. All this and a thousand fold more we firmly believe, have declared before and reassert, and will con tinue to repeat till we know' and believe to the contrary, from evidence that we do not now possess. But if this " moral support" requires us to go further and assert our belief that the Northern Pacific is going to be com pleted into the heart of Montana in less than three or four years, or that it can be brought in to onr fi^livcrance as soon as a North aud South road, or m«* *i_. ---- Pacific is going to be all the railroad we are ever going to need, or that our Territory will not be better off with two connections east and west than w'ith one, or that our interests as a people will be • better taken care of by the Northern Pacific Company than we can do by ourselves, w f e must say that we have conscientious scruples and moral difficulties in yielding " moral support" to this extent. We therefore modestly ask that the promul gators of this doctrine be a little more ex plicit in declaring their intentions and mean ing. LATEST FROM THE MODOC WAR. We have new s from the scene of the Mo doc w'ar to the 17th. The situation is not al together reassuring. The troops have done some gallant fighting, have w on some im portant positions—but havn't got the Modocs. In the recent engagement, three soldiers and two citizens have been killed, and one officer and nine soldiers wounded. The trophies on our side are five Indian scalps, including that of Scar Faced Chailey, and the medicine flag of Capt. Jack, borne in triumph from the late Indian stronghold by Gen. Gillem and bis aid, Lieut. Rockwell. The Lava Bed camp, then, of which w T c have heard a deal, is surely captured and in the hands of a body of our soldiers, with orders to hold the same at all hazards against any possible return of the Indians to the! former fortress. But the escape of Captait Jack and his two and a half score of sneating, murderous savages is what puzzle us. £|noke, we are told, is seen to the south, "pjainly showing that the Modocs are travelirj? toward Willow Springs," wherever that mayjbe, "or the country be tween Clear and joose Lakes," on the old Oregon emigrant riad. These items of infor mation are supplemented with the assurance that "everything Ss working admirably," which w'e trust is jtrue, and that "the death of the last Modoc fill be chronicled within a week," which we devoutly pray may prove to be the case. Inthe meantime, it will un doubtedly be well for those of the soldiers left in possession if the Lava Bed to be on tlfe alert that the Modocs do not turn about and fight to dispossess them of their gallantly struggled for aud dearly bought stronghold. Let a sharp lookoii be kept toward the lake front, that the will savages do not post them selves in that quarter and cut off the "water ration, whith is quite as important to mili tary sustenance as J" salt horse " aud "hard tack." We look to the forces operating against the Indians to disappoint none of the expecta tions indulged by the country for their swift and certain punishment. Nothing short of the total annihilation of these treacherous and barbarous assassin! will satisfy^ sentiment of a patient and forbearing government and people, provoked and outraged beyond en durance by the shocking murder 6f Cabby ! of a to it. A he ~ and Thomas, and the murderous Acts which preceded and followed that trgedy. Ven geance untempered by mercy s)ould be vis ited upon this savage horde, tdthe end that not one of them may survive O tell the story of his butcheries. OUR BÄIINACK/LETTER of machinery— slick and A Miner on Submitti^ST Subsidy to the People—A Truism—A Sure Way to Make A Poor OlIicçPny— " quartz on the Drain »»-From Eastern Idaho— The Big Hole Difginffs-llii Run of Quartz Proposed—A Clear Receipt. Bannack City, April 7tli, 1873. To the Editor of the Hera'd : Supposing the people of the Eastern and Middle States had submitted the question of public education to a property qualification test at the ballot-box, would the present mag nificent and comprehensive system of school ing in those States ever have been adopted ? Assuredly not, for it would have debarred the countless thousands of workingmen from participation in shaping a public policy destined for the benefit of all, and hence, to the detriment ot none. The rich man never W'ould have voted taxes to build school houses and employ competent teachers, that the poor man's child might have a fair and equal sliow T with his own. By submitting the question to the rich man and the poor man alike, the system of public education, at the expense of the whole people, has been founded. Now, this is precisely the way to look at the railroad subsidy matter. Give every qualified voter the opportunity to express ap proval or re jection. When a project of vital public policy is to be promoted, all should be participants. We are a changing, varying people, and the individual who now owns a few' long-horned Texas cattle, or a ranch, or a rickety house, may become as poor as Job's turkey in short metre. To-day a man may be hammering a drill or wielding a pick, and in a year or so be the possessor of a com potency. The attempt to stifle a public mea sure, wherein all and posterity are concerned, by placing on it a property qualification test, as to its adoption, is a monstrosity in direct antagonism to sound Democratic and Repub lican principles. Our forefathers firmly and unequivocally planted it in our governmental creed that all men are created equal, and any covert effort to rob the poor man of bis birth-right and inherent prerogative is a back ward stride in the direction of caste aud mo nopoly. It is deplorable to witness an at tempt to revivify this obsolete monster, and that, too, by a statutory enactment. A com mon miner, though poor in worldly gear, may be thoroughly fitted to cast a discrimi nating ballot w'bcn a question of public im nnrtsmno ia at icon«» Hawn nnnn tliia.odituia aud infamous test, for it bears the broad im press of being born and nurtured in a pru rient, veual brain. Our Legislators, if they engraft this scabby creature called a " pro perty qualification test," upon any' of their propositions to be submitted to a vote, will be held to a strict account hereafter. Boni» noeit , qvisquis peperceiit mall 's. If we shield and spare the bad man, we cripple and hurt the good one. This may be ac cepted as an indisputable truth. The free press of the country is the bulwark upon which the people rely for vindication, and is a terrible engine if rightly' tuned in their be half. The position of a County Commissioner is one that does not pay much, unless properly worked. Honest men filling the office say it is one of drudgery and poor remuneration. Still, if a Commissioner does only compre hend the way to manage it, he can make it "ante up" right roundly. To any one de sirous of getting the position with the sole object of making money, a mode of doing it w'ill be interesting, as also to the people. For the benefit of such I will relate how it can be done, and will endeavor to make it as plain as the bright noon-day sun. I will premise the requisite qualifications a man must possess in order to fruitfully and efficiently carry out the prôgramrae, for it is essential to hoodwink the world into the be lief that be is a "model of an honest, truth ful man." Let him assume to be a man of strict probity and firm piety—one of that sweet "sugar and pie" order that is ever willing to bend a penitential knee to the chastening doctrines of our beautiful Chris tian religion. If he is, in reality, a sordid, psalm-singing sycophant, he must carefully smother it over, Qr else he will spoil the whole game. Brains or education are not at all needed, for the plan is so simple. He need not be a full-fledged citizen of the coun try, but must possess impudence and tenacity to hold the office in spite of law and protest. Now as to the way of making money out of it. It cannot be done directly, for the law will not permit it. Indirectly, it can be ac complished with ease and safety. Periodi cally the county is called upon to issue certi ficates of indebtedness in the shape of scrip. A Commissioner must be the owner of a silent, dummy-beaded intermediary in. the shape of a man—if only in name—to carry this scrip for him. This scrip, on its face, nominally represents the value of dollar for dollar, but at times is worth little more than half it calls for. These are the moments a Commissioner, through his intermediary should improve, and gobble up all the scrip * he can lay hands on and register it. A Commissioner can easily depress the eufw rent rate of scrip % stating the inability of tfr® county to redeem for a long time to come. Thus the thing works like a welUiled piece ~ ' ~ smooth. Now be comes the opportunity to render the 0 ffi c one subservient to carrying out this The more greenbacks in the County Tre a ury on the first day of December, the m 0r registered scrip will be redeemed. It ^\\\ ^ a special object for a Commissioner to that no scrip is issued to persons who have been ^nesses or jurors, or i n see iuay - any other capacity have served the county f or at least six months prior to the said first day 0 j December. And why ? Forsooth, it is pi a ; n These parties might be desirous of paying a part of their taxes in scrip. That wo^ lessen the amount of greenbacks in the treas ury, applicable to the redemption of scrip somewhat. They must be ignored and passed over until after that time, when their scrip w'ill be comparatively worthless, and easily obtained for little or nothing. This is a sure way', and no extraordinary' - chances are taken in order to make the office pay*. No matter if the people do swear at this obvious trick the avenging clutch of the law caDnot reach him, fur he has a shield to go behind. Xo matter if the business is slimy, there is money in it. There is a forcible moral to be deduced from this. It is as bad, as reprehensible, and contemptible to beat the people indirectly as it is to do it openly and directly. A man who w'ill indirectly swindle the people, has to take W one step, when lie will defraud them with impunity. The past winter "quartz on the brain" has had a big run in this locality', completely "skunking" the epizootic or any r other man. Earnest discussions of constant anti irregular veins, of oxides and chlorides, py'rites and sulphurets, and all tile like of that, have been held, affording an unremitting source of mental food. Some of us have mastered the rudiments of it, w'hile othel's ultimately hope to catch it, and a few in vainly endeavoring to expound it have gone stark mad. It is sad, but it is true. This is reflected occasion ally in the columns of newspapers over cor respondents' initials. Too much puffing, like teo much stuffing, will burst anything. A letter from Eastern Idaho informs me that the show for mining operations in that section, for the coming season, is over aver age. Around Leesburg the prospects of the various fluming companies are good, as there is plenty of snow, thereby insuring a good supply of water for the many bed-rock flumes in and around that locality. There is considerable talk about the Big Hole diggings, situated on the head waters of that river, and some forty miles from this place. The diggings were originally dis covered in July, 1862, and the gulch was called Pioneer. I believe the first sluices suc cessfully operated in Montana, were set up in this gulch. There has been new discov eries made on tributaries south of the old Pioneer. There are parties here now* only _.. ..l.l.. s .u. - * «Arnx. cironpu go over. Some of them have lines of ditches surveyed and staked off. There will be a considerably amount of prospecting done on the bead of the Big Hale this coming sum mer. — Messrs. Wadams & Sbennon, have out,on different dumps, about 250 tons of quart/. They expect to start up their mill as soon as they get a supply of w'ood on hand, which is being delivered now. They anticipate mak ing a run of 300 tons, when they' again begin milling. This quartz will, judging from the past, go about $30 per ton, in gold of a fine quality'. They are the kind of men deserv ing of success, for taking machinery out of "soak" and puting it to use in a way benefi cial not only to themselves, but to the entire community. I like to have got licked for that one in my last, Otis was mad. My Sabbath-school teacher used to mash it into me that if I sin ned and done w'rong, it w'as hut meet and proper to atone and make amends for it. I have some of that left. AVell, now, Otis is a real jolly good man, one of the most popular merchants in all southw'estern Montana, and a Republican of unfaltering faith. If that ain't a clear receipt, I don't know how to write one. J. R. W. GOOD PRESIDING OFFICERS, ETC. Our Virginia City correspondent, in a hasty note previous to the closing of the mail, says: "Both Stapleton.and Rogers are making very efficient officers, and give general satis faction." "The members of both houses are starting te work iu good earnest, which indicates a short session, and to the present time the best of harmony' prevails among the members. "Judge Rice, Vice President of the N. P R. R., arrived last evening and will address the citizens at the House of Representatives on the evening of the 16th on the progress of the Northern Pacific railroad. Captain DeLacy arrived with him, much improved in health, and was heartily welcomed. " Our Republican members in both houses are doing hard work, and are winning golden opinions from both parties." The confirmation by the Council, on ll' e 15th, of Cornelius Hedges for Superinten dent of Public Instruction was a just act. only Withheld at the last Legislative session on partisan grounds. No man in Montana i> probably so well qualified for this office as Judge Hedges, and the Council lias done wisely and well in sanctioning his appoint ment. 1 * 'ftiE Richmond Entrer thinks Vice Pres ident Wilson'* act in calling Gen. Gordon to the Chair of the Senate, was a very' defies' 1 and friendly overture to the South, and it wifi be received in the pfpper spirit and duly ap preciated by the Southern people.