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THE WEEKLY HERALD.
R. E. FISK,..........................Editor. Tili KSDAY, JA Y I AKY 20, 187«. TWO BILLS. The history and fate of Council Bill No. 1 have been recorded and promulgated to the people of the Territory. The Herald, with i little phalanx of press representatives at its back, gallantly attacked it and did not with draw from the fight until it was defeated, as it so richly deserved. The iniquities of the measure : the scandalous raid which it con templated on the Treasury of the Territory; the scheme which it attempted to legalize for illimitable public plunder, in amount impos sible to estimate, were exposed, until even the advocates of the bill, deceived in the first instance as to the spirit and intent of its pro vision*, went over to those who opposed it from the start, and were among the number who waited upon the Governor and advised the interposition of his veto. The Governor s message, briefly stating his objections to the bill, was sent to the Council yesterday. That body—which, in the first instance, without due deliberation and without an opportunity being allowed to gain any intelligent under standing of the bill, had passed it by a unani mous vote—promptly revoked its original de cision. On the question, shall the bill pass, the Governor's objections notwithstanding V the vote—ayes 3, nays 10—indicated how great was the change of opinion in reference to the bill. If the House could have had a chance, like the Council, to record its second and cooler judgment, the result of its action, it is fair to say, would have been equally or more emphatic the same way. And this is the fate of Council Bill No. 1 : a bill concocted by and in the interest of a disreputable and dishonest partisan print convicted by its own words and acts as such; a bill shown, beyond any and all doubt and to the satisfaction of everybody, a fraud, a cheat, by which robberies on the public trea sury of great magnitude were aimed to be consummated, through and by the aid of Legislators misled and decoyed into its sup port. One, and perhaps the greater, danger is passed. Another, if a less danger, is con fronted in Council Bill No. 12. This is brought forward by Councilman Cullen, who, report says, shaped the legal phraseology of Council Bill No. 1, the original draft of which, based upon the Louisiana law, is said to have been in his bold and manly "fist." But whether this is true or otherwise, concerns us very little at this time. It is with Council Bill No. 12 that we have now to deal. This bill Mr. Cullen fathers, nor is an innocent party sought out, "roped in," deceived and persuaded to bring it forward under the im pression and with the assurance that it is an honest measure—as we surmise was the case in the handling of Council Bill No. 1, if the correct history of that bill can be ascertained and told. Some of the more odious features of the first bill, we remark, are missing from the second. A comparison of the two bills by members will show them the difference. Mr. Cullen's bill, to a certain extent, preserves the indefiniteness of Council Bill No. 1 in one important particular—the number of copies of the official pa] ter provided to be furnished the Auditor by the Public Printer appointed to pub lish such of the laws as the Board see proper to designate. This provision of the bill is entirely indefinite. The Territorial Printer can furnish the Auditor, of each and every issue of his paper, containing three columns of laws, to the number of thousands and tens of thou sands of copies, if so disposed. A couple of hundred copies would probably be the maximum number actually required, but the number of copies the Territorial Printer can furnish, under this bill, at $10 per hundred copies, is absolutely unlimited. Other features of the bill are obnoxious, and cannot, by any show of reason or plausi bility, be commended to the judgment of legislators honestly striving to serve the in terests of their constituents. It is an odious innovation that would take away from the several Boards of County Commissioners supervision of local govermental affaira uni formly reposed in their hands. This it is proposed to do in the matter of transferring from them to the proposed Territorial Board the designation of local official papers, and the power to make contracts for county ad vertising and printing. This is centraliza tion—a doctrine or principle that Democrats no less than Republicans have inveighed against from time immemorial. Consistently, we fail to discover wherein departure from an established and wise policy can be under taken by Legislators of either party in a mat ter like this That comes close home to the people and their officers in the several coun ties. The Cullen bill allows seventy-five cents per folio of 100 words for one publication of such laws as the Board order printed. This is at the rate of $2 25 per 1000 m's. The Herald will undertake to publish all such laws for one-half that amount—tit the rate of thirty-seven and one-half cents per folio of 100 words, or $1 12^ per 1000 m s. But we fail to see the necessity of publishing any of these laws, other than those of first import ance, which will be laid before the public by the papers in any event, as a matter of news. This is really a sensible view to take of this proposition, when it is stipulated that the entire enactments of the session will be ready for distribution by June 1st. We have nothing to say adverse to the rates stated in the bill for Territorial job printing. They are low—lower than any printing house can do the work creditably and have a mar gin of profit. Of course these rates would not be accepted by the proposed Territorial Printer without the opportunity allowed and permitted by other provisions to get away with a large sized steal in other items of printing stipulated in the bill. Mr. Cullen, of course, loses sight of and altogether ignores the principle of competi tion. if he is sincere in his desire to reduce printing rates for the Territory, or for the counties, or for the Territory and counties to gether, below the legal schedule of rates now in force, his only sure course to attain that end is to revise and amend this bill and place all printing matters on the fair and honest basis of competition. As it is now, he brings forward a job—a purely partizan measure mainly for the relief of a rickety and decaying party paper. We think Mr. Cullen mistakes the temper of the Legislature if he believes, after the experience the two Houses have just passed through, he can force the passage of a mea sure that excludes competitive printing. The Council nor the House can again be decoyed into the support of a bill which, by its indefi niteness, laities a swindle, or which, in mat ters of printing for the Territory and coun ties, the lowest and best bidder is denied the privilege of doing the work and saving money to the public treasuries. Let this be arranged in the shape that is proper, just and honest, and then we may expect that Legislators will take the matter under advisement, and under take to do the public a real and substantial service. N MOT II LR1AG XEWS. The Legislative proceedings which ouv co temporary began to publish so that they could be understood, it has already begun to hide. Like an ostrich, if its head is under a leaf it thinks itself safe. Witness these proceed ings as matters of news to its readers from its issue of the 12th. "A communication was received from the Council announcing the passage of C. B. No. 7, which was read first and second times. McCormick moved to strike out 'six' and insert 'ten.' Lost." Not a word as to the subject matter of the bill, and so far as printing it in a newspaper, it had better have been omitted. Our readers will understand that the Independent has no reporter in e ; ther house, but "pirates" the pro ceedings from the IIkrald and News, each of which papers, with the New North- West, the Husbandman, Montanian and Madison ian, do have reporters present. The Herald report of the foregoing trans action read as follows: "Council Bill No. 7, reducing County Commissioners' pay from $10 to $6 per day, and ten cents per mile, was read first and second times. McCormick affered an amendment that it read ten instead of six dollars per day." (Then follows a col umn of discussion on dilatory motions or the merits of the bill in the Herald report, the struggles of McCormick and Word to keep the fees up, and the yeas and nays on the amendment.] The Independent seems to have become ashamed to give to the public the proceedings of its party leaders, and so it cuts down our report, twelve hours after we have laid it before the public, makes five lines of nonsense out of our lucid report of one hundred and forty lines, mntilaies it to suit party necessities, and calls that publishing a newspaper. When Barret was a Louisiana Republican, engaged in deluding colored men who could not read, this might have done, but we opine the Democrats of Mon tana will have none of him. We beg leave to inform the readers of the Herald that they shall have full reports of what trans pires in the Legislature, including the blun ders of our own party friends, if they make them, without elimination or prevarication. We shall hide nothing. All for $3 for the session. It is reasonable to believe that legislators are not different from the commonality of people. In all matters of public concern they desire to act intelligently, honestly. When in doubt they naturally look around for correct, reliable information to fix their convictions and guide their action. We ask members whether they have not found in the Herald a safe counsellor—an honest adviser. We ask them whether, after the sad experi ence they have just passed through and the trap from which they have barely escaped, they can with safety accept the counsel or advice of the Independent ? The Herald is for honest legislation, for economy, retrench ment, and reform. The Independent, for jobs, frauds, and the robbery of the people for its own aggrandizement. When it is forced to resort to threats, the fortunes of the Independent must be desper ate. It says in effect this morning : "Just show us the color of the hair of the Demo cratic member who dares to oppose a bill of any nature brought forward in the Legisla ture for the Independent's relief!" Out upon you, Barret! You can't crowd a swindle through the Assembly by any such bravado. This is no slave country. You have no chat tel ownership in Legislative members, Dem ocratic or Republican. You can't crack your slave driver's whip over the backs of free men in a free land. Barret, stand aside. The time for deceit, for falsehood, for laying on the party lash, is past. Away with you and your schemes of public plunder. I One of the recent bills introduced by Dele ! gate Maginnis in Congress is "An act to Pro mote Education in the Territories." TELL THE TRUTH AND SHAME THE DEVIL. The falsehoods of the Independent are amazing. Their number and magnitude are simply stunning. The brazenness and effront ery with which they are daily repeated are shocking. We have taken more pains to sample them during the past week than was perhaps necessary. We have cited the au thorities—public officials and others—and convicted the Independent time and again of palpable misrepresentation—of conspicuous and flagrant falsification. A falsehood in its issue of this mording we cannot permit to pass unexposed. Council Bill No. 12 pro poses to give seventy-five cents per folio of 100 words for publication, one time, in some news paper, of certain enactments of the Legisla ture. The Herald makes a proposition to publish such law r s at one-half that amount. The Independent, enraged that we should dare to make this offer, turns upon us with its usual weapon—falsehood. It states that the Herald, in Land Office advertisiug, charges eiyld dollars per hundred words for publishing "Applications for Patents." In stead of eight dollars per folio of one hundred words the Herald's charges amount to just ten cents per folio of one hundred words. These advertisements—"Applications for Pat ents"—if charged for at the rate allowed in the Cullen bill for publishing the laws, would amount on an average to one hundred and fifty-six dollars. All mineral advertising of this nature requires publication for sixty days, and the average total sum for such advertise ments is but $25. For the correctness of these statements relating to mineral notice publications, we refer one and all concerned to the local Land officers. In reference to competing for these patent notices : The Independsnt says it offered to publish them at the rate of $5 each, and has been refused. We understand it made an of fer at $15. But why fail to state the rea sons upon which its offer was rejected? Such advertisements have to be published sixty days to be of legal effect. The time has per haps never been when it was at all certain that th o Independent would be published for sixty days. Its tenure of existence has been generally esteemed to be problematical, and that it has survived thus long is the astonish ment of many. The Government could af ford to take no risks, and it was bound to protect the people against the possibility of placing them in the predicament of contract ing and paying for double advertisements. Besides this the Herald, known as a reputa ble newspaper, long established, and of gen eral and wide circulation, "filled the bill' contemplated by the provisions of thqlaw as the proper journal to designate for the pub lication of such advertisements at the reson able rates of compensation established. These are simply the facts in the case, and the In dependent ought to have the honesty and frankness to state the case as it really is. -BEWAKE OF PICKPOCKETS.** Tne effrontery of the graceless Bourbon who is temporarily quartered on the Inde pendent as its circulating mendicant, in giv ing further advice on the subject of print ing bills, after his shameless fiasco on Council Bill No. 1, is without parallel in the annals of "cheek." He betrayed his party friends into the support of that measure for a time, and when they found the character of the bill their indignation found decided and vig orous expression. Nothing daunted, he gives further rein to the wolfish appetite for pub lic plunder, which seems to have been whet ted by his success when, in the role of a Re publican, he was quartered on the helpless citizens of Louisiana. His appetite is as vo racious, his greed as eager, and his fiugers itch as intensely now as ever. "In the name of the Prophet" he asks for "loot." He has come a great ways, be does not wish to stay long, and therefore he makes haste to get into the money bags of this Territory. He will not be put off nor refused, if audacity and shamelessness will compass his ends. The ordinary restraints of character do not obstruct him, for he is ever ready with the reply : "Character, God bless you, I have none to lose!" He should be dropped, not only out of consideration, but also out of this discussion. What are the interests of this people? They were before he came what they will remain after he has gone. Home rule, competition, economy, decentral ization, non-partisanship and civil service re form—these are principles applicable to leg islation now, and they always will be. To the victors belong responsibilities, but there are no "spoils." Sacking cities and confis cating substance may obtain in war against enemies, but in peace and against ourselves or friends they are poor rules of action. The people are eager for reduced expenses, not for party triumphs or party frauds. Their eyes are upon their representatives, not for revenge, but for relief. We have abundant evidence of the eagerness with which they watch events in the silent intensity with which they, through our columns, are scan ning the proceedings of the Legislative As sembly. __ The Independent is utterly silent about the swindle in the Cullen bill detected and ex posed by the Herald in its article of yester day. We accept this as an admission on its part that we were not mistaken. We charged that the Territorial Printer, under the pro visions of Council bill No. 12, could furnish an unlimited number of copies of the official paper, and charge Ten Hollars a Hundred. This is a fact, and cannot be controverted. Montana Legislature Proceedings of the Ninth Legisla tive Assembly. COUNCIL—Eleventh Day. Helena, January 13, 1876. Council met pursuant to adjournment, President in the chair. Roll called—quorum present. Prayer by the Chaplain, the Rev. Clark Wright. Yesterday's Journal read and approved. A communication was received from the House relative to bills introduced. Hays presented a petition from Massena Bullard and others, askiug the passage of a law to prohibit the sale of intoxicating liquors on Sundays and election days. Lewis reported C. B. No. 4, correctly en grossed. Abascal. from the Committee on Towns and Counties reported C. B. No. 5, relative to counties and county officers, with amendments. Report adopted. Watson gave notice of a bill for funding the outstanding indebtedness of Montana and the redemption of the 12 per cent, bonds. Tatern gave notice of an act concerning the management of diseased cattle. Hornbuckle—Of an act to require witness and jury fees to be paid into the county treasuries. Watson—Of an act to authorize the Gover nor to contract for or hire the labor of con victs in the Penitentiary. Graham called up C. B. No. 13, to abolish private seals. Read twice and referred to the Judiciary Committee. Graham introduced C. B. No. 14, to com pel owners of toll roads to keep the same in repair. Referred to the Committee on Roads and Highways. Cullen introduced C, B. No. 15, to repeal chapter 80 of the Codified »Statutes of the Ter ritory, entitled "An act concerning limita tions," approved Februar} 7 9th, 1865. Re ferred to the Committee on Mines and Min erals. Lewis reported C. B. No. 4 correctly en grossed. A bill to repeal an act relative to the man agement of live stock, approved February 13, 1874, was read a third time and passed. Y'eas, 9; noes, 4. On motion, the Council took a recess until 2 p. ra. President called the Council to order at 2 p. m. Roll called; quorum present. A message from the House was received, giving notice of bills introduced. Bass reported correctly printed C. B. No. G, "An act to provide lor the collection of revenue." Referred to the select committee on the subject. Hornbuckle gave notice of a bill providing for the foreclosure of chattel mortgages. Also, of a bill to amend sections 3, 4, 5, 14, 20, 21, 22, and 23 of chapter 85, entitled, "An act providing for the collection of rev enue," approved January 12, 1872. Watson asked unanimous consent to the second reading of C. B. No. 1G, "An act to fund the outstanding indebtedness of the Ter ritory, and for the redemption of the 12 per cent bonds. Agreed to, and the, bill was re ferred to the Committee on Printing. H. B. No. 14, "An act to provide for the payment of the funded debt of Missoula county, and to authorize the County Commis sioners of that county to issue bonds to pay the interest on the bonds of said county," was read, and on motion referred to the members of Deer Lodge and Missoula counties. C. B. No 2, "An act to require butchers and slaughterers to give bonds," etc., was taken up on the third reading. Mr. Brown, taking the floor, addressed the Council in a forcible argument against the provisions of the bill, which, he said, were entirely inadequate to accomplish the object intended, namely, to prevent itinerant butch ers from going county to county and capturing strays and selling the property of others. He considered the manner of keeping a book of records for the brands and marks would not detect the thief and would therefore be inop erative. The bill was then referred to a select com mittee, consisting of Messrs. Tatern, Bass and Hays. On motion, the Council adjourned until 10 a. m. to-morrow. HOUSE—Eleventh nay. [In our report of yesterday some remarks of 3Ir. Word, upon C. B. No. 7, relative to reducing the pay of County Commissioners from $10 to $6 per day, were accredited to McCormick. It was Word who said the law as it now stands allows ten dollars per day to Commissioners. The statutes also curtailed their sessions to four sessions of four days each, annually. Their duties were arduous, and was ten dollars per day too much ? Could competent men be obtained at less compen sation? He should vote against reducing the Commissioners pay. Sanders had said that the Board of Lewis and Clarke county con tained a Democrat. This was certainly en couraging,and a source of congratulation for the people of the county. But he found that this Democrat had only taken his seat on this Board in December, and had nothing to do with the previous voting by that Board of exorbitant and illegal sums of county funds to numerous parties. He deprecated hasty legislation upon this subject, and hoped the House would go slow 7 . For himself, he would sooner vote to increase Commissioners pay to $15 than to reduce it to $6 per day. While in the Committee of the Whole in consideration of the measure, McCormick in the chair, Langhorne spoke briefly in favor of the bill, believing it a measure in the right direction. He appreciated the feelings of the member from Madison upon hasty legisla tion, and wished for the honor of the House this disposition had been shown earlier in the session when the bill creating the Public Printer was rushed through. The bill in con sideration was very simple, all there was to determine being whether six dollars pel day was sufficient pay for Commissioners. For one he so thought and should so vote. Word was surprised at the gentleman's re marks in reference to hasty legislation. It was not complimentary to the House. Langhorne said he was aware of that fact, but for one he was willing to acknowledge an error committed when he found he had committed one.] House mei pursuant to adjournment, Mr. j Speaker in the chair. Roll called ; quorum present. Journal of yesterday read and approved, j The Committee on Engrossment reported j FT R Nn 14 correctly engrossed. to to on it In of of red by the the Word, Chairman Committee on Judiciary to whom was reported H. B. No. 15, relating to crimes and punishments, reported the same back with a substitute, and the substitute was adopted. Moore, of Deer Lodge, gave notice of a bill to regulate taxation in road districts for the use of roads. Reed introduced II. B. No. 17, authorizing County Commissioners of the several coun ties to dispose of surplus funds. It was read first and second times and referred to Com mittee on Ways and Means. C. J. 31. No. 1 was taken up, and read a first and second times. Sanders moved to refer to Committee on Federal Relations, and hoped they would amend the same so that the prayer set forth should contain only truths. He desired to forward the motives which the memorial has in view. Tlie mo tion prevailed. C. J. 31. No. 2, relating to the improve- ment of the navigable rivers of 3Iontana, wa9 taken up, and read .'A first and second times. The memorial asked Congress for --dollars for such improvements. On motion of Sanders the blank was filled with $500,000. The memorial was then referred to the Committee on Federal Relations. The substitute for IL B. No. 15 was read a first and second time. It describes adultery and punishes the same by imprisonment in the county jail, not less than sixty days, nor more than six months. Referred to the Com mittee on Printing, and ordered printed. II. B. No. —, to provide for the funded debt and interest of 31issoula county, was read a third time and placed upon its passage. The bill passed by 26 ayes. Title agreed to. 3IcCormick, Chairman of the Committee on Printing, reported IL B. No. 13 correctly printed. The bill was referred to the Com mittee on Education and Labor. On motion of McCormick the House went into Committee of the Whole on C. 15. No. 7, 31cCormick in the chair. Moore, of Gallatin, moved to strikeout "six" and insert "eight." Brooke said he had voted a little crooked yesterday, but had done so to stave off the bill until he could post himself on the law as it now stood, llis experience was that if he had a lawsuit he would sooner pay such a lawyer as Sanders $75 than a pettifogger $25 for attending to it, and the same applied to public affairs. He was willing that the Com missioners of Lewis and Clarke county should work for six dollars per day if they so de sired, and offered an amendment leaving it with the respective County Boards to pay themselves $10 per day or less. Langhorne offered an amendment, that the Commissioners receive six dollars per day in warrants upon the sinking fund, instead of upon the general fund. Word moved that the committee rise and report the bill with amendments back to the House, recommending that it be referred to the Committee on Towns and Counties. 3Ioore, of Gallatin, opposed putting the bill off. He agreed with his colleague, that the people of his county and the Territory gen erally, demanded retrenchment, and should endeavor to carry out the principle. Langhorne rose to a question of privilege. In hi9 remarks yesterday in Committee of the Whole he did not intend to reflect upon the motives of any member, but only to depre cate the hasty manner in which the House acted upon so important a measure as C. B. No. 1. He never had nor never intended to impugn the motives of any member for Lis actions. The motion prevailed, the committee rose, and the House resumed, 3Ir. Speaker in the chair. Carmichael requested to know what dis position had been made of H. B. No. 12, relative to public printing. The Chair in formed him that it had been referred to the Committee on Printing on the 11th inst 3IcCormick said the bill was in the hands of the printer. 31cCormick, Chairman of the Committee of the Whole, reported C. B. No. 7 back with amendments, recommending it be referred to Committee on Towns and Counties. Sanders hoped the bill would not be refer red to the committee mentioned, as every member of the committee was hostile to the bill. The motion to adopt the report was carried by the following vote : Yeas—Beal, Brooke, Burkett, Carmichael, Ford, Kenneally, 3Iead, Moore(I)eer Lodge,) McCormick, Olds, Reed, Stuart, Tierney, Woodlock, Word—15. Nays—Cave, Chessman, Clewell, 3Ioore (Gallatin,) 3IcKuight, Rotwitt, Sanders, Sweeney, Worden, Speaker—10. The Committee on Towns and Counties were instructed to report the bill back to the House at 10 a. m. to-morrow. The House took a recess until 2 p. in. House resumed at 2 p. m., 31r. Speaker in the chair. Roll called. Quorum present. Beal, Chairman of Committeeon Education and Labor, reported back H. B. No. 13, rela tive to compulsory education, referred the same back and recommended its passage. Clewell introduced H. B. No. 18, repealing the law defining the duties of the Territorial Auditor. It was read first aud second times and referred to Committee on Territorial Af fairs. _ H. B. No. 15, introduced by Cave, to pro vide for the payment of the debt of Missoula county, was read first and second times and referred to the 3Iissoula county delegation. C. B. No. 4, repealing the Round-tp Law. was taken up, read first and second timis and referred to Committee on Grazing and Stock Growing. H. B. No. 13 was clerically amended mid ordered engrossed. Addjoitrucd till 10 a. m. to-morrow. UOU3ÎUIL— Twelfth l>a.v. Helena, January 14tli, 1876. The President called the Council to order. Roll called; quorum present. Prayer by the Rev. E. L. Toy, who asked God, the author of all wisdom and council, to bless all the people of this Territory, especially the members of this Legislative Assembly. Preserve them from all error, ignorance and every evil thing. Direct and prosper all theii consultations for the enactment of just and equal laws; the possession of liberty; the pun ishment of evil-doers and the praise of them that do well. Inspire them with the true wisdom that cometh from above, and keep them in Thy holy faith and fear, that they may approve themselves good servants be fore Thee, and in ali things promote Thy glory, through Jesus Christ our Lord. Amen. The journal of yesterday read and approv ed. . , A message from the Governor was receive« Lewis reported C. I>s. Nos. .»ami 11, as correctly engrossed. Tatem, from the select committee to whom R \'n U relative to tlu*0ol-