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Beck jumped to his feet, and rented his
feelings in no elegant terms, and expressed himself unable to comprehend how the long hill could have been engrossed in less than thirty seconds. Newcomer, with an intellect more acute and an experience more varied, saw how it was done, and objected, but Mr. Stapleton justly said that the Chairman of the Engross ing Committee had reported the bill correctly engrossed, and it was before the Council. Applause had greeted every step of the friends of the bill during the evening, and it arose strong and enthusiastic when this decis ion was made. Beck moved to refer the bill to a select committee, and thereupon poured forth his piteous pleadings to save his constituents from ruin. He appealed to the prejudice, the passion and all the ignoble instincts of selfishness in advocating his motion. He wanted time to comprehend the bill. He plead for his constituents—they looked to him for protection, and he protested against the people of Gallatin being outraged by the passage of a bill he did not understand. His evident intention was to defeat the bill by delay. He worked hard to accomplish his purpose. It was only when completely ex hausted that he weakened. Yeager followed in a cool and dispassion ate speech, setting forth the duty of repre sentatives to the people who sent them here, lie stated that the bill had been thoroughly considered, and no further delay would be of any use. lie was ready to vote to submit it to his people. Bullock referred to the fears of the gentle man from Gallatin that his "constituents" would be ruined, and his protestations that his "constituents" dread the passage of this bill, and stated that four of the tax-payers of Gallatin county paid one-sixth of the entire tax of that county, and that these four men urged the passage of this railroad bill. In discussing the "constituents" of this gentle man, Bullock threw off some of the graphic and humorous gems for which he is re nowned. Judge Gallagher stated that he came to Virginia determined to act and legislate far the good of the people, lie had met many of the citizens of Gallatin, and he found them all in favor of railroad enterprises, lie hud received telegrams from among the heaviest tax-payers of his county, and they were desirous of having a railroad proposi tion submitted to them. Having determined to submit a proposition to the people, and deeming this hill the best for the country, he would do his duty and vote to submit this proposition to the people. Lawrence spoke earnestly and ably in be half of the passage of the bill. All delay intended to defeat it, and no subterfuge and no excuse would blind the people to the true intent and object of the motion to refer. He w ould vote to pass the bill. Newcomer spoke in favor of Beck's mo tion, and urged what arguments were avail able. it Y by Maj. Owen spoke eloquently in opposition to the motion and in favor of the passage of the bill. Judge Dance, in a few forcible remarks, expressed his determination to legislate for the benefit of the people ; that they desired the passage of this bill, and he would not de ny them the right to decide this question for themselves. The vote on motion to refer the bill was taken and lost. The bill was put on its pass age and passed the Council by a vote of 0 to 3, and the President announced the result amid loud and vehement applause. The general congratulations that followed pre vented all further business, and the Council adjourned feeling that good work had been doue that would entitle that body to the first position among the Legislatures of our Ter ritory. The action of Judge Stapleton, in the rail road discussion in the Council, has merited and received the highest commendations from all fair minded citizens.. Throwing aside all party and local feeling, and resist ing all appeals on the part of the railroad enemies, he lias, by his impartial and just rulings and decisions in his position of pre siding officer, and his respected and extensive influence, restrained to a great extent the liassions and prejudices of members, and greatly aided in carrying out the wishes of the people. To Messrs. Dance, Owen and Bass, who. not very especially interested in this railroad enterprise, it not involving their counties in its requirements, seeing the needs and necessities of our people, and desiring to aid in their material success, threw' their in fluence and voices in behalf of this bill. The gratitude of the entire people, whether they be poor or rich, is due to these gentle men, and we are assured that the confidence ot that people will be their portion. Mes srs. Yeager, Garrigan, Lawrence and Bullock did good and hard work, and their constituents should be highly pleased and satisfied with their action in this matter. I have already made this letter too long, U1 >d will defer remarks touching the enemies of the railroad till my next. L. C. Another Veto— Judicial Treatise from ,hc Governor—The Legislature Lec tured and the Jhdges Taught "a Thing or Two»*— a Session of the Su preme Court not Legal Oaieide the Gates of Virginia City—Council. Bill U3 Amended and Passed— Th« Mem bers as Church Goers—Waiting on the Go vorn or. Vibgisia City, May 5,1873. T he House was entertained to-day by a h eatise from the Governor upon the limit of it the Legislature to enact laws for the benefit of the people. A bill passed both houses giving to ibe Judges of the Supreme Court the right to hold a special term of the Su preme Court at, such places and times as would suit the convenience of those con cerned, but in no wise interfering with the regular term which is fixed at Virginia City. The best lawyers of the Territory had been consulted, and it was < onceded by all that such a matter was a fit subject of legislation, and that the passage of such a law would be an act of justice to those most clearly inter-^ ested. But it was thought by the Governor, in a veto message, that the judges were not qualified to decide upon the legality of the law, and so he assumed the legal functions of the Supreme Court, and wrung in some more of his Cooley law to prove that Helena or Deer Lodge could have no Supreme Court, but that all who had causes to be determined by that tribunal should make a weary and long pilgrimage to the Capital, at the expense of time and money, to gratify the local pride of the "Social City." There was an attempt to pass the bill over the Governor's veto, but the learned(?) Cole man, of Gallatin, rushed to the defense of the veto, and in an oration clearly established his knowledge of law to be as extensive and profound as that of the Governor, and his affection for Virginia City as strong. The result was that the bill failed to become a law, and Virginia City is in ecstacies of de light at having, through the interposition of the Governor, all the sittings of the Supreme Court to herself. It is a matter of surprise that our Execu tive knows so much about law and the effects of Congressional legislation, and th^,t the ac complished member from Gallatin county knows just as much. It has often been con sidered that the Supreme Court of a State or Territory decided questions of the legality of laws, and to it was referred all such legal doubts, but under the new order of affairs it will be a relief to that body to know that their labors are to be lightened and their opinions uncalled for in the future. Poor Helena! Congress, according to said veto, says you may exist, subject to the tender considerations of the Governor, but that you cannot have a meetiug of the Supreme Court. Y T ou are a large, a prosperous, and an opu lent city, but twice each year you must come down to our gates .and make your unwilling acknowledgments that " we are are the Capi tal." Council bill No. Ç3 was reported to the House this morning, with amendments, upon which the House went into Committee of the Whole, Ezekiel in the chair, and duly considered the amendments, and arose and reported, recommending that the bill as amended do pass. The bill came up for final action this afternoon, and passed the House by a vote of 19 to 6. It will be sent to the Council this evening, and the amendments concurred in, when it will be placed in the Governor's hands for appioval. All friends of the measure are highly delighted, and even the past enemies of the bill are beginning to realize that it is far better for the country than they at first predicted. * The members of the Legislature are re forming, we should judge, as they were out in full force, last evening, in attendance at St. Pauls. When they entered the minister turned pale, the choir ceased its warblings, and the regular worshippers gathered closer together in fear, but the conduct of the visit ors belied their looks, and they preserved an unwonted decorum to the end. It was expected the Legislature would ad journ on Wednesday, but they are deter mined to remain in session till the railroad bill is approved, or vetoed—in which latter event it will be passed over the head of the Governor. L. C. of OUR BANNACK LETTER. Extra.ordina.ry Manner of Arresting a Man—Wonderful Kind of Document« -What they are Made for—Scenes in a Court Koom—A Man Helping' to Run a Court on his Muscle—Inquisi torial Midnight Examination—A Session of Coust Without Lawyers— Free Blow Generally. Bannack City, May 3, 1873. To the Editor of the Herald. An outrage xvas attempted, and partially successfully consummated, in the town uf Bunrs'k, which for planned and premedi tated under-handed villainy rarely occurs this high up the Missouri river. It has all the features and characteristics of genuine ku kluxing in its worst form, and the attempt to play so foul a game under the pretence of law fends to it an additional brand of odium. As the matter will be thoroughly sifted be fore the proper judicial authority, I will re port the case for the H skald, for the men engaged in such a midnight operation should be held up to the merited contempt of all right thinking men. On the evening of Thursday, May 1st, two men rode into Bannack, had their horses put up, and took accommodations at the Good rich House. Their names are E. E. Witsell and E. Watson, and they hailed from Sal mon City. They were both comparatively strangers in our town. Between the hours of 9 and 10 o'clock, and as they were about ready to retire for the night, a man acting in the capacity of Deputy Sheriff of this county stepped up to Mr. Watson and handed him two folded pipers, requesting him to read them. Mr. W. unfolded them and done his level best to make out the papers. It whs a fruitless effort, and he handed them back to the deputy, remarking that the writing was all Greek to him, and telling the man to read them, if they concerned him. The deputy undertook it. It was no go. He gave it up, saying he could not read the confounded things, either. Here was a dead halt, neither the deputy or Mr. W. being able to read the documents. Mr. W. said to the man that if he could not read the papers, they could not. possibly be of much account, and asked him who he was and what kind of a play he was trying to get in. The deputy informed W. that he was the Deputy Sheriff of Beaver head county, and that he knew the papers had been manufactured for him, and that the Probate Judge of the county was anxious to interview him some at his court room. This opened W's eyes somewhat, and he be gan to see a "nigger in the wood pile." He told the deputy that, inasmuch as he had rode about 50 miles that day, he was tired out and would forego the pleasure of calling on the Judge at that late .hour in the night. In the morning, when it became broad daylight, if he found out he had any business with that functîonary, he would be pleased to see him. During this time Mr. W. was in complete ignorance of the nature of the documents. Now the play began to come thicker and faster. The deputy, in a trembling voice,— just like a man would use when attempting something illegal and late at night—stepped up to W. and, patting him on the shoulder, told him he could consider himself under ar rest. This stunned W., for how he could be arrested by an officer without a warrant, or even any intimation of a criminal charge against him, looked mighty queer. W. re fused to go, and the deputy lacked the sand to take him forcibly. At this stage of the game, a man who was acquainted with W. came into the Goodrich House, and on his advice, and in order to find out what kind of a charge of a criminal nature there was against him, W. suffered himself to be taken into custody and led up to the Probate Court, room. Here was a dead lock in the pro gramme again. The Judge could not read the papers, although he had stamped them with his official seal and put his name to them. The deputy couldn't begin to decipher the things, and they were like unto the He brew of the middle ages to Watlon. The town of Bannack was overhauled, and an ex pert of sufficient skill was found to read these wonderful papers. Before reporting the proceedings had on these extraordinary specimens of chiro graphy, you will permit me to devote a para graph to them. I have had some experience on the manuscript of Rufus Choate, am tolerable familiar with the hand-writing of the late Horace Greeley, and have made my bread and butter deciphering the editorials of editor Bloss, by the flickering flare of a gas light at 2 o'clock in the morning. That will convince you that your reporter is no ordi nary' expert. I will give you leave to kick me from one end of your editorial room to the other and back again, if I do not tell the Lord's truth, when I say that these written instruments are about the worst specimens of the kind extant. I took two cups of Good rich House coffee and about four pounds of fried dog salmon, and went at them. Paper No. 1 is a kind of affidavit, with a tantologi cal ring to it like the maiden citation of a one-horse village shyster. It states that de ponent verily believes, from what he can find out, that certain parties have property to the value of $50 or more, and he would like to get it. That is the gist of it, boiled down. Paper No. 2 is the double-distilled quintes sence of No. 1. It assumes a different shape, and is in the form of an order directed against three persons, not against one, to appear before the probate court. No order of arrest, only a notification to appear at a certain hour. These are the documents the deputy arrested Mr. W. on. Squire Mead makes these admirable papers. They are only intended to be used at night—say as near midnight as possible. A of a to tal of per be tion But, I must get back to reporting the case. It begins to get- real lively now. As soon as the expert gets through his reading, the Pro bate Judge ordered Mr. W. to take off his hat and hold up his right hand, telling W. he wanted to swear him some. He was desirous of getting an oral, ex parte swear out of him, to build up a case against other parties ! Mr. Watson is a native, and a Democrat that never scratches his ticket, but this kind of outrageous work began to waken him up. A wrangle of words ensued between him and the Judge. At this time two prominent citi zens of Baimank dropped into the court room. At a glance they saw something rotten in this dark, inquisitorial attempt at an ex amination. They protested and asked that Mr. W. be at least permitted to consult his friends who lived down the gulch, and also that they would stand security for his appear ance in the day time. This did not suit the pettifogging Judge, who was acting as judge, plaintiff and lawyer all combined in one. Talk waxed hot on all sides. Exactly at this moment a man appeared on his mnscle. He objected to any interference in the little game they were trying to get away with, and fondly patting the swelling muscle of his right ann, he boldly proclaimed he had muscle to back the proceedings with. No person was hurt, for that part of the case was all wind ! It was now getting late, and finding that Mr. W. would not communicate in a satis factory style, the dignified Judge ordered him under arrest, to be brought before him at 10 o'clock next day—specially enjoining the Deputy Sheriff to keep a strict surveillance on him, and allow no person to converse with him, except a lawyer, and all that class of est in ing the and men were over to Virginia City, mending old laws. By 10 o'clock, sharp, the next day, the deputy, in a loud soncfrous voice "liearyea'd" the court together. Now there was great fun ahead. A court to hold a session without lawyers was a rare novelty. The court al lowed great latitude to almost everybody. Lots of men took a hand, as it was a sort of free blow. Mr. Watson Remanded to know why he was held in custody, and was coolly informed it was for contempt of court! The Judge stammerod and talked. Mr. W. shot it to the court, and wanted to file a "bil let due" in the shape of au affidavit that he could not get justice at that shop. The court would not accept an indorsement of that kind —it only wanted ex parte, off-hand swearing by word of mouth. A long man, dressed in a suit of blue Missouri jeaus, got in a sock dolager at the court. The man that was on his muscle the night before, got in a poor play In a mild way. He was tamed down and was as docile as a sucking dove. The court, finding it was getting its dignity all "jammed to jummix," wound up the case by inflicting a fine of $25 on Mr. W. for refusing to commune with it under oath. The deputy took him in charge and set him up in the butcher shop. t*. ian ■! / . It is 120 miles fiom Bannack to Dcef Lodge, and in order to get out a "writ of have his carcass," application would have to | be made to Judge Knowles. Taking this into consideration Mr. W. concluded to purge himself of the contemptible- contempt, and took the Judge's receipt for the same. This is not the finale of this dastardly bus iness. Mr..Watson expects to remain in Bau nack, being the owner 'of a half interest in one of the ditches here, and is determined to punish the whole outfit engaged in this out rage if there is any law in Montana. He i well known at Leesburg and Salmon City, and there is not a better man in the mouu tains. f I have quite a number of locals, but will scud them in my next. Every miner struts around at the prospects of getting to work soon, and they are frisk}' as new -weaned ram lambs. J. R. W. THE RAILROAD RILL. W e print below a full text of the railroad bill, which, having passed both Houses of the Assembly, now only requires the signa ture of the Governor to become a law. In the Council the bill passed by the handsome vote of 9 to 3, and in the House by the grati fying vote of 19 to 6. It is intimated that the Governor will veto the bill, in which event there is strong presumption that it will pass, the Governor's objections to the contrary notwithstanding : SUBSTITUE FOR COUNCIL BILL NO. «3. A bill for an Act enabling and anthorizing any county or counties within the Territory of Montana to aid in the construction of a Railroad, and to subscribe to the capital stock of the same. Be it enacted by the Legislative Assembly of the Territory of Montana — Sec. 1. That from and after the passage of this act, it shall be lawful for the county Commissioners of any or all the counties within this Territory to submit to any incor porated company now authorized, or that may hereafter be organized, to construct a railroad line into or through this Territory a proposition to ' subscribe to the capital stock of any such company proposing to construct a railroad from either the line of the Union Pacific, Central Pacific, or Utah Northern Railroads in the Territory of Utah, into, or through the Territory of Montana, not ex ceeding twenty per cent, of the taxable pro perty of said county, upon the terms and conditions hereinafter prescribed, namely First, It is/ hereby made the duty of the County Commissioners of Madison, Jefferson and Gallatin counties, respectively, to submit to the qualified electors of such counties, a proposition to take and subscribe to the capi tal stock of such company, fifteen per cent, of the taxable property, real, personal and mixed, in the following manner, to wit : Two per cent, upon such taxable property at the time said railroad shall reach such county, to be ascertained by the assessor or assessor's returns, next thereafter made, and the re maining thirteen per cent, of said subscrip tion to be'estimated upon and controlled by the assessor or assessors annual returns made next after the completion of said road, and after the same shall have been put in good running order; That a proposition of like effect shall also be submitted by the County Commissioners of Meagher to tax and sub scribe ten per cent., two per cent, of which shall be levied upon the taxable property, . real, personal and mixed of said county, at the time said, road reaches the same, and the remaining eight per cent., to be estimated upon the returns of the assessor or assessors, as provided for the counties of Madison, Jefferson and Gallatin; That a proposition of like effect shall also be submitted to the quali- 1 fied electors of Lewis *and Clarke county, by its board of Ceunty Commissioners to tax and subscribe to the capital stock of said company the sum of twenty per cent, of the assessable property of said county, that is to say, two per cent, of the value of the real, personal and mixed property of said county, at the time said road reaches the line of said county, and the remaining eighteen per cent, after said road shall have been completed to Helena City, in said county, to be estimated and as certained in the manner hereinbefore pro vided for the counties of Madison, Jefferson, Gallatin and Meagher. Second. The same to be payable in the coupon bonds of such county, payable in thirty years from the date thereof, witli inter est at the rate of seven per cent., payable annually, at the Capital or this Territoiy, or in New York City, at the option of the holder, the same to be delivered as follows : The said two per cent, upon said .road-reach ing the boundaries of the respective coun ties, and the amount ascertained as aforesaid, and the residue as provided herein, to be de livered upon the completion of said road; and the amount thereof, also ascertained in the manner hereinbefore mentioned; and in case counties, other than Madison county, through which said road shall not traverse, and who shall so subscribe to the capital stock of such company; the bonds of such county shall not be delivered until said road rfiall be completed through* said county of Madison; and counties subscribing to Aid capital stock through which said road shall traverse, shall deliver its bonds as herein pro vided for the county of Madison. Third. Such road to be of the first class in its construction, rolling stock, and equip ments, and of a gauge not less than three feet. Fourth. The same to be completed and put in general operation into this Territory within two and one-half years from the time said stock shall be so taken or subscribed, as hereinafter specified, and continue the same as common carriers, until said bonds shall be fully paid. Sec. 2. When any such company shall accept such proposition, or are substantially the same, the Commissioners so making the same or their successors in office, shall at the next annual election thereafter, cause to be submitted to the electors of their county said proposition for their approval or rejection; and if a majority of the electors, at such elec tion, shall by their votes approve of such proposition, then said Commissioners shall immediately enter into a contract in writing with said company in accordance with said proposition and acceptance so as aforesaid approved ; but no liability shall attach thereby until said contract shall be performed as herein specified ; and when the same shall have been performed upon the part of said company, its successors or assigns, as herein provided, said Commissioners shall, at the expense of their counties cause to be issued and delivered the coupon bonds aforesaid, expressing thereon the terms and conditions herein provided. , Sec. 3. At the time of the deliver^ of the ,. , . . ., , - . „ bonds as herein provided, said company shall h sauc t0 8 aid Commissioners, for the benefit of such county, its certificates in the capital | stock of said company, stock of said company, in shares to the amount of such bonds so delivered, which certificates shall not be taxable while held or owned by said county; but w'hich shall en title said Commissioners to a voice and vote in said company according to the amount so subscribed, the same as other stockholders in said company. Sec. 4. The Commissioners of any such county receiving such certificates of stock, may at any subsequent annual election sub mit to the electors thereof the proposition to sell such certificates at public sale, and if a majority shall' favor such sale, then said Commissioners shall advertise the same for sale in the manner prescribed for the sale of real estate by sheriffs upon execution, and apply the proceeds thereof to the payment of said subscription to said stock, or otherwise as may be provided by law. Sec. 5. The notice herein provided for elections shall be given by publication in one or more newspapers published .within such county at least thirty days before such elec tion; or if no newspaper be published there in, the same shall be published for the same length of time in one or more newspapers published in the Territory most likely to give general notice of the same. Sec. 6. There shall be a separate ballot box and separate poll books for receiving and entering such votes at the election herein provided for; the ballots or votes shall con tain the words, "Railroad Subscription— Yes," or "Railroad Subscription—No," and the same rules, regulations, liabilities and penalties prescribed for the conduct of other elections, and liability of officers thereof, and electors within this Territory, shall be ob served and enforced at all elections herein provided for; and the judges at such elec tions shall truly certify and forward the result of such election, together with said poll books and ballots so cast, to the board of county Commissioners at the county seat of said County, within twenty-four hours after the same shall have been counted and certified ; and upon failure so to do shall he deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine not exceeding ten thousand dollars, and be imprisoned in the county jail not exceeding six months. or a . ^y each such county bears to the whole amoun ^ . stock subscribed and taken by all counties taking and subscribing stock as hereinbefore provided, which said tax so levied aB d collected shall be applied upon the payment of the interest to become due upon 1 sa id coupons and bonds. Sec. 7. That the commissioners of any such county so subscribing to the capital stock of any such company, shall in their discretion from time to time levy a special tax, in the same manner as other taxes are now levied, sufficient in amount to pay the annual interest that may from time to time accrue upon the bonds so issued. Sec. 8. Provided that if any one of the several counties of Lewis and Clarke, Meagher, Gallatin, Jefferson, Madison, shall fail to subscribe to said stock as herein pro vided, then the county commissibners of the other counties so subscribing shall not enter into said contract without the same shall again be submitted to the electors of their county, and approved by said electors, which shall be resubmitted in the manner hereinbe fore provided to such counties so subscribing, on the-day of —, 187— ; and, if ap proved, then the contract aforesaid shall be executed, and the provisions and objects of this act carried, out accordingly. Sec. 9. That the county and Territorial tax levied and collected upon said road, and the property of said company acquired and held under and by virtue of the franchises and rights secured to it by the laws of this Territory, shall be paid into the respective county treasuries in the proportion that the whole amount of stock subscribed and taken Sec! 10. For the purpose of carrying out the objects of this act, it shall be the dut/ of the county commissioners of the respective counties of Madison, Gallatin, Jefferson, Meagher, and Lewis and Clarke, or some one or more of their number from each county, especially deputed for that purpose, to convene at-, in -county, Montana Territory, on the 15th day of June, 1873, for the purpose of enter taining any and all propositions of companies made for the construction of said road in ac cordance with the provisions of this act, and submit the proposition of some company in their judgment most likely to comply with the terms and conditions of said contract, a majority of which said .commissioners shall have authority to determine the same and submit the proposition of thç Company se lected. ' Highly Important News from the Capital. The Railroad Bill Passed bjr both Houses over the Gov» ernor'éVeto. [SPECIAL TO TUB HKBALD.j - Virginia, May 7th, 4:10 p. m., •Both railroad bills passed both Houses.over the Governor's veto, and is a law. W, 7. 8AJSÀBRS.