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THE WEEK LY HERALD. r. s. riss ........................... Eàitcr ' TIIlUSDAÏi FEHKÜABY 1» 1877» A FAVORABLE TIME, In some respects it is the most favorable time that we have seen for many years to build railroads. It is surprising to note how raoidly the building of roads has declined ;.n 1 to what a very low point it has reached. In 1871, nearly 8,000 miles of new road were completed. Then began a decline, and in 1871 it was reduced to 1,9-10, and last year to about 1, d00. The capital and labor that for a long series of years had sought and found employment in tliis direction is now largely unemployed and competing for investment, 1 he failuie of so many roads to pay dividends has dis couraged foreign investments to some extent, but on the whole there never has been a time for twenty years v\ hen money could be had at so reasonable rates as now for any promis ing enterprise. The cost of everything that would enter into the construction of a road is now 7 re duced to its minimum. Iron and labor are cheaper than for many years past, and proba bly, too, for many years to come. Taken al together, we presume that any kind of a rail road could beHiuilt to-day for two-thirds of what it would have cost five years ago. This saHng one-third of the cost will make the burden of debt, interest and taxation so much less. It will allow more reasonable rates for transportation, and the time will earlier ar rive when the road can do a paying busi ness. Carefully prepared tables inform us that the average cost of the 80,000 miles of rail road in this country has been $54,394 per mile. The cost of British roads has been $180,440 per mile, of German and Austrian roads, $95,422. With all that has been said about extrava gance and swindling in the construction of railroads in this country, the comparative cost would indicate that there has been more of it elsewhere than in this country. Of course land damages have been greater in foreign countries, but to offset this labor has been cheaper. Perhaps people will yet come to think that railroad contractors have been unjustly accused, and that after all they are a more deserving and honest class than we took them for. The kind of railroad that has been pro posed for Montana is the narrow-gauge, that will not cost probably more than from $12, 000 to $15,000 per mile, or about one-fourth of the average cost per mile of all the roads in the country. It is a comparatively easy thing for such a line to pay interest from the start on such a moderate cost. We believe, too, that there is no reason longer to doubt an early revival of business, so that as soon as we could possibly complete any road, either north or south, or in both directions, there would be an increased business to do. It is generally a safe rule to keep out of the general rush in any direction. It is best to be either in advance or in the rear of the great rush. As with our granger friends, the plan of all making a fortune in one year on the same crop, results in certain disappointment, so, too, in the matter of building railroads. The most favorable time is when the business is most depressed. We can then get better work done at cheaper rates, all of the advantage of competition being on our side. While the roads are building, the money, mostly spent in our midst, "would produce flush times at once, and the ct rtain improvement of the times and general prosperity of the country would insure a good business from the start. COUNTY INDEBTED;* In his message, Governor Potts refers to the financial condition of the several counties, and credits Lewis and Clarke with an increase of debt of $15,679,55 for the year ending March 1, 1865. 1 bis is obviously incorrect, ia proof of which we submit the following figures from the statement of indebtedness reduced and created for the year ending March 1, 1876, as taken from the annual ex hibit of receipts and expenditures published March 20th, 1876 : OLD DEBT REDUCED. Poor Fund warrants paid as per »n»mi statement.............................$ 6,148 75 Contingent Fund warrants paid as per annual statement................................. 6 , 11 # 91 County Fund warrants and interest paid as per annual statement..................... 34,431 55 General Road Fund warrants and interest paid as per annual statement............. 4,975 53 Bonds paid as per annual statement......... 9,999 40 Interest on Bonds paid as per annuai state ment................................... 13,460 93 Total am't of indebt's reduced during year.. §74,136 02 NEW INDEBTEDNESS CHEATED. Ten per cent bonds issued........§10,000 00 Claims allowed during year....... 41,184 55 One year's interest on bonds ac crued since March 1. 1875....... 12,333 49 Interest on registered warrants accrued one year............... 4,639 14 Total new indebtedness created...-68,712 18 6.423 84 Excess of cash balance over March 1,1875... 674 19 Indebtedness reduced during year.......... §6,093 03 The above statement, compared with the Governor's estimates, based upon reports furnished by the Territorial Auditor and Treasurer, shows a difference of $21,777,58 * in favor of this county for the period named. An explanation from the Governor is in or der. The $8,000 Oregon corruption fund and its probable disastrous affect upon Tilden's Presidential prospects,'recalls the $8,000 Kansas corruption fund which ruined the Senatorial prospects of Pomeroy. Moral: Avoid the use of slush money in sums of $8,000. THE COMPROMISE BILL A LAW. This famous bill has passed its final stage in triumph, and has become a law to govern Congress, and interpret for a single occasion who shall count the electoral votes. The counting is a very little matter after hav ing settled the really important question, which set of returns, where more than one exists, and both claim to be right, shall be rejected. Like all compromise measures, it cannot easily be defended on principle, except by overlooking logic and appealing to a more general principle, that it is better to give up part of what is believed to be right than to permit strife or take any serious chances, or even to avoid very grave doubts. We do not withhold our cordial approval of the measure simply because it is a compro mise measure. We recognize also fully the fact that all compromises are to a certain de gree an abandonment of principle. Our Constitution was a compromise full of log leal contradictions. Many things in it were purposely left unsettled, simply because the parties to it could not agree how to settle. The English constitution and government from first to last, is a palch-wo'k of compro mises. France, during the last hundred years } has had many constitutions more logically correct and complete, but this was perhaps their chief faults. Forms of government must suit the development and character of those to be governed. However much we may admire the heroic, uncompromising spirit that is ready to fight rather than surrender anything, yet society, to say nothing of government, could not ex ist composed entirely of such men. Our personal duties to our Creator do not admit of compromise, but our mutual rights, duties and priviliges with our fellow men in society, government, and even laws, are fair, if not necessary matters of compromise. A large part of the Republican party did not believe that the emergency called for this particular compromise. They conceived that they had superior right and regularity, and that the chances of disagreement on some issues would have to give way to other chances still as favorable to themselves. If the House would not agree with the Senate about the Louisiana count, and would not consent to the President of the Senate counting the vote according to his own choice and judgment, and thus the time passed until after March 4th, it was seen that whether the choice devolved upon the Senate or the next House, it would certainly be a Republican who would be chosen, or that if a new elec tion was ordered, that the chances were still all in their favor. Such Republicans thought it too soon to compromise ; that it was throw ing away chances and advantages clearly in their favor. We think so still. The Demo crats now have a chance to secure Tilden un der this bill which they did not have without it. The Republicans have abandoned van tage ground in confidence of winning through the superior merits of their claims, and in deference to the strong representation of the business portions of the country, which fears strife, agitation, doubts and delays worse than any surrender of principle or sacrifice of rights. The question before the country is no lon ger, How did Louisiana vote ? or, Did Grover have color of law in attempting to thwart the choice of the majority of electors in his State ? but the all-absorbing question will be now, Who is to be the fifth Judgp and how will he vote on the final issue? This fifth Judge has become the new electoral college. For a time he will be the center of more in terest and attention than any other man in the nation. We notice that the Supreme Court has ad journed, so as to be ready for the draft. It is easy to foresee what will be the burden of the telegrams for days to come. People will be made familiar with the Judges of the Su preme Court, their history and opinions on all possible subjects. In our dispatches to-day is explained the reason of the return, unused, of the $8,000 Oregon check. The check, as our readers know, was traced to the bank in Hew York of which Mr. Tilden is one of the principal stockholders, and was drawn by William Tilden Pelton, (Mr. Tilden's nephew and private secretary,) in favor of Bush & Tilton, Salem, Oregon. The amount ot the check reached its destination by telegraphic trans fer, and guarded against a contingency, then threatened, of the non-arrival at Sa lem of Tilden's agent with the slash money previously provided. Mr. Patrick, however, puts in his appearance in time to further the conspiracy to which Grover, Cronin & Co. had conditionally signified their willingness to lend themselves, and the $8,000*telegraphed was sent back. Armed with the original $8,000, in cold com and gold notes, placed to his credit in Wells, Fargo & Cdfs Bank, San Francisco, Patrick soon arranged every thing satisfactory, and the theft or attempted theft of an electoral vote is perpetrated and pud for. Of the $8,000, Cronin received $3,000, the balance going to the payment of attorney fees and for other purposes, the bottom facts relating to which have not yet been reached. Will the New North- West contract to print, in its office, a pamphlet edition of 3,000 copies of Mr. Clark's Centennial Ad dress for the sum of $200 ? The establishment of another large gold and silver smelting furnace in Chicago is prophesied as one of the near events of the future. THE BOARD CONSTITUTED. The rapidly with which Congress dispatches business, when muzzled from talking and moved to the necessity of action, excites our wonder and admiration. 1. esterday the mem bers of the Commission from both Houses were elected by a nearly unanimous vote, and it is rumored, without being certainly known, that the Judges have agreed upon the person to fill their section. It was rather a novel sight to see Demo crats voting for Republican members, and vice versa —suggestive of an approaching po litical milennium. But it is a good thing for such a board, called to discharge such im portant and unusual duties, to feel that they are well backed ; that every member of both Houses is a responsible party to the act and to the choice of every member of the Board. The representatives of both parties have now parted with the control over the subject. They have landed on a foreign shore and burned their ships. They cannot now draw back, if they would. Within two weeks more, if the telegraph stands by us, we shall know who has final)} 7 succeeded iu the contest, and whoever it may be all parties will be respon sible for his election and must abide the re sult contentedly. It would come hard to reconcile ourselves to the election of Tilden and its probable consequences, but we should have to remem ber that those who decided finally in his fa vor were chosen by almost the unanimous vote of the Republicans in both Houses of Congress. It is going to be the same with our Democratic friends, and if Hayes is the choice, they will have to confess that they chose the men who selected him and he be comes the President of their own choice. The fate of office-holders, actual and ex pectant, is trembling in the balance. All fierce talk of war, all mustering of political warriors, all exchanges of abuse and charges of fraud aud violence, all at tempts to outwit and overeach one another, will now cease, unless from long force of habit it is continued for self-amusement. We only wish this same board were com pelled to decide the contested cases for the state governments of South Carolina and Louisiana, so that all bones of contention might be picked clear at one time. The people demand legislative that will give Montana a railroad. Is the Council to help or to binder in this all important matter ? A correspondent, writing from White Sulphur Springs, Meagher county, complains of the irregularity of the mail service ou the Camp Baker and Carroll line Attention of the authorities is called to his statements. The present winter has been unusually mild, and the excuse of storms or impassable roads will hardly answer in the case. Mail service in all other directions is prompt and on schedule time. Will the contractor on the Carroll route "rise to explain ?" Justice Davis Declines to Nerve on tbe Electoral Commission. Washington, January 29.—Associate Jus tice Davis, as soon as the bill passed both Houses constituting tbe Electoral Vote Com mission, notified his Associates and other friends that in the event of his being offered the fifth place iu the judicial branch of the commission, that under no circumstances would he allow his name to be used in this connection. He considers it indelicate after being elected Senator to take a position which might be open to criticism, and he absolutely refuses to reconsider bis decision. Tbe four members of the Supreme Court required by the Electoral Act to serve upon the judicial branch of the commission, were this after noon each furnished with a certified copy of the act by the Secretary of State. They will to-morrow select the fifth Associate in ac cordance with its provisions. Bradley Chosen. Chicago, January 30. -The Tribune '« Wash ington special says : It is certain that Brad ley has been chosen the fifth Justice. Swayne and Hunt were considered ineligible for the position, since they resided in the States from which the Presidential candidates hail. The Times' correspondent asserts that no choice has been made, but the expression is for Da vis. ^ ^ Legislative Resolve. Albany, January 30.—The Senate to-day adopted resolutions, by a vote of nineteen to twelve, declaring that Hayes and Wheeler had been legally elected President and Vice President, and should therefore be inaugura ted. The Ablest. Hen. Chicago, January 30. -The JoumaVs Wash ington special says : The Republicans are congratulating themselves that the House Democrats have not selected their ablest men, and that for legal ability the Republicans are far superior. The Democrats are considera bly dissatisfied with the selection in the House, since Hunton alone is a member of the Judi ciary Committee, whose strongest members have been entirely ignored. The Republicans think the Democrats have made a great mis take in not choosing a member in either house from the Election Committee. Taken as a whole, therefore, the Republicans regard their five members as much more than a match for the Democrats. The Supreme Court Justices were in session an hour and three-quarters. Senators who have made in quiry believe that the fifth justice is Bradley. Appruprlwtiow Bill Passed. Washington, January 27.—The Military Academy and Fortification Appropriation bill passed tbe Senate, with the committee's amendments, without discussion. MONTANA LEGISLATURE. 9 — Proceedings of the Tenth Session. COUNCIL—Twenty-Second Day. January 29, 1877. morning session. Council met at 10 a. m., Mr. President in the chair. Roll called. Quorum present. Minutes of Satuulay read and approved. Watson, from Printing, reported C. B. No. 10, Militia bill, correctly printed. On motion of Mitchell, it was referred to Committee on Military Affairs. C. J. M. No. 2 was referred to Committee on Federal Relations. Cullen, from Judiciary Committee, report ed C. B. No. 35 with amendments. The same were adopted aud the bill ordered engrossed. Me Ado w introduced C. B. No. 36, An Act t® preserve the finances of Montana Terri tory. Read first time. Mitchell objected and the bill was rejected. On motion of Mitchell, the following reso lution was adopted : Resolved , That the Secretary of Montana be requested to inform the Council as to his authority t© pay tbe members and officers of tbe Council when such members or officers may be absent on leave, and as to the duties of the President and Chief Clerk in making up and certifying the pay roll. Brown, from Federal Relations, reported back C. J. M., in relation to Federal officers, recommending that it pass. Ordered en grossed. Communication received from the House announcing the progress of business. The following telegram was read, and or dered spread on the minutes and transmitted to the House: New York, January 27, 1877. To the President of the Council and Speaker of the House of Representatives : We hear that a bill is before you to grant a subsidy of five thousand dollars per mile for a standard-guage road from head of naviga tion on the Yellowstone, three hundred miles westward. Should it pass in a reasonably practicable form, tbe Northern Pacific will do all in its power towards the immediate construction of that portion of the road. GEO. STARK, Vice President Council went into Committee of the Whole on the School bill. Bill variously amended. Chairman instructed to report the bill back to Council with the recommendation that it do pass. Committee arose, and Council took a recess until 2 o'clock p. m. AFTERNOON SESSION. Council resumed at 2:30. President in the Chair. Roll called. Quorum present. On motion of Mitchell, C. B. 18, to secure railroad communication to the people of Montana, originally introduced by the same member, was made the special order for 10:30 a. in. to-morrow in Committee of the Whole. Tbe Committee on Printing reported cor rectly printed C. B. 21, to aid in the construc tion of a railroad from the head of naviga tion on the Yellowstone river to the eastern boundary of Deer Lodge county. Referred to tbe Committee of the Whole. The Committee of tbe Whole reported back C. B. 2, relative to schools, with amend ments, which were adopted, and the bill or dered engrossed. H. B. 3, was reported by Lewis, correctly enrolled. The President reported that he had signed the same. A communication from the House of the notice and introduction of certain bills was received. The following bills were ordered enrolled : C. B. 11, for the employment of stenog raphers in the District Courts. C. B. 8, to compel the owners of ditches and flumes to keep the same in repair. H. B. 11, relative to the Benton railroad, was, on motion of Allebaugb, referred to the Committee on Federal Relations. Tatem offered an amendment to refer the bill to a Committee consisting of one mem ber from each county, was accepted, and the bill was referred to Messrs. Tatem, Brown, Hays, Lewis, Waterbury, Watson, Ford and Allebaugb. H. B. 13, realative to biennial elections, was referred to the Committee on Elections. H. B. 21, in relation to brands and marks, was referred to tbe Committee on Agriculture and Manufactures. Lewis, Chairman of tbe Committee on Enrollment, reported that be bad presented to the Governor for bis action, H. B. 2, con cerning tbe insane. A communication was received from tbe Governor, announcing that he bad approved C. B. 4, for tbe appointment of a Commis sioner of Deeds. Also, C. B. 7, to provide for tbe support of tbe county sick and poor. Also, C. J. R. 1, to provide for freight on arms. Cullen introduced C. B. 7, to establish the office of Commissioner of Mines. The bill was read tbe first time, when Brown objected. Objection overruled, and the bill was read the second time, and referred to the Com mittee on Mines and Minerals. On motion, tbe Council adjourned till 10 a. m, Januar} 7 30. HOUSE—Twenty-Second Day January 29, 1877. MORNING SESSION. House met at 10 o'clock. Prayer by the Chaplain, Rev. Clark Wright. The journal of Saturday read and approved. II. B. No. 37, An Act to protect creditors, was read a second time and referred to Jud : - ciary Committee. H. B. No. 38, An Act concerning stallians, was read second time and referred to Grazing and Stockgrowing. H. B. No. 39, An Act to amend section 147 of the criminal laws of Montana, unprov ed January, 1872, read second time and re ferred to J udiciary. H. B.No. 40, An Act defining the boun daries of Chouteau county, was read second time and referred to Towns and Counties. II. J. M. No. 4 to Congress for a grant of land from the public domain in Montana io aid iu the maintenance of the free schools of the Territory was read second time and re ferred to Education and Labor. H. B. No. 4, An Act to aid in the construc tion of the Helena and Benton Railroad was read a third time and passed as follows : Ayes—Brainard, Chadwick, Davis, Dixon, Howell, Hyde, Ives, Kessler, McCormick, McElroy, Mood, Porter, Rotwitt, Robinson, Sanders (of L. and C.), Steell, Thompson, Witter, Word, Speaker Mayhew— 20. H - oes—Bate beider, Galen, Sanderä (of Jef ferson), Robbins, Vivion—5. H. B. No. 31, An Act to amend An Act to provide for biennial elections, was read a third time and passed. H. B. No. 17, An Act to amend section 634 of the Codified Statutes relative to taxing jury fees, was recommitted to Judiciary. H. B. No. 21, An Act to amend an act re lative to Marks and Brands, was read a third time and passed. H. B. No. 22, An Act to encourage the manufacture of woolen fabrics in Montana, was recommitted to Agriculture and Manu factures. C. B. No. 9, An Act to compel the owners of ditches and flumes to keep the same in re pair, was read third time and passed. C. B. No. 14, An Act to give the poor man the same rights in the courts as the rich man, was recommitted to make it conform to the object set forth in the title. C. B. No. ll, An Act for the employment of a stenographer at the discretion of the Judge of the District courts in cases where deemed necessary at a salary not exceeding eight dollars per day, was read a third time and passed. H. B. No. 1, An Act to construct a hospital for the insane was on motion of Chadwick, made the special order for ten minutes past 2 p. m. to-day. The House took a recess until 2 p. m. AFTERNOON SESSION. The House reconvened at 2 p. m. Roll called. Quorum present. Hyde, from Committee on Enrollment, re ported duly enrolled H. B. 2, An Act to pay for the support and care of the insane. H. B. 31, An Act to aid in the construction of a railroad into Montana was reported cor rectly printed, and referred to Committee on Internal Improvements. H. B. 21, An Act to pay F. C. Deimling, was ordered engrossed for a third reading. H. B. 18, An Act to define the duties of County Commissioners in certain cases, was ordered engrossed for a third reading. The »Speaker announced that he had signed H. B. 2. The House then went into Committee of the Whole, McCormick «in tbe Chair, on H. B. 1, An Act to establish an asylum for tbe insane, which was amended, aud the Com mittee rose to sit again. Davis, from Committee on Enrollment, re ported tnat H. B. 2, had been presented io the Governor for his approval. House adjourned. COUNCIE—Twenty-Third Day. January 30, 1877. MORNING SESSION. Council met at 10 o'clock, Mr. President iu tbe Cbair. Roll called. Quorum present. Prayer by tbe Chaplain. Minutes of yesterday read and approved. Hays presented a petition praying for tbe passage of a bill to preyent tbe sale of spirituous liquors on Sunday. Referred to Committee on Education. Watson, from Printing, reported C. B. 26, concerning apprentices, correctly printed. Referred to Committee on Education and Labor. Judiciary Committee reported on tbe follow ing bills: C B. 17, to be referred to Com. of the Whole. C B. 23* to amene criminal practice act, that it do not pass. H B. 7, in relation to administrators, recommending its passage. Ordered en grossed. C. B. 31, with amendments. Amendments adopted, and bill referred to Com. of Whole. Allebaugh, from Committee on Electionss recommended the passage of H. B. 13, relative to elections Committee on Education made a majority and minority report on C. B. 13, to prohibit the sale of intoxicating liquors on Sunday. McAdow and Constans recommended it do not pass. Tatem submitted the following : (1) That tbe provisions of the bill are in accordance with the enlightened spirit of the age. ( ) That its tendancy cannot fail to be for public morality and for public good. (3) That while it may not cover tbe entire ground it is a step in the right direction, and as such should lie upheld and supported, and rec-