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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, January 24, 1884, Image 2

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CONSTITUTIONAL CONVENTION.
K<'
•ululions and Report!» Received.
FOURTH DAY—FORENOON SESSION.
The President called the convention to
order at 10 o'clock, when the roll was
called and an adjournment made to
meet at Harmonia Hall on Broadway, at
o o'clock, where preparations were being
after
made in time for a session there this
noon.
AFTERNOON SESSION—FOURTH DAY.
The convention met at 2 p. m.
McCormick, chairman of the committee
to arrange for a suitable hall for the meet
ings of the convention, reported that the
committee had succeeded in securing Hai
monia Hall and asked that the committee
be discharged. Agreed to.
Merriman offered the following reso
lution, which was unanimously agreed to:
Resolved, That the th:mks of this con
vention be tendered to the committee hav
ing in charge the matter of procuring a hall
lor the meetings of this convention, and to
the Hon. Secretary of the Territory, John
S. Tooker, for his efficient aid ^and co
operation in the matter
The Rresident laid before the convention
the following communication :
Bozeman, January 15, 1884.
To the Memhevs of the Montana Constitutional
Convention :
Gentlemen: —Allow me as one of the
first settlers of Montana, to suggest that iu
framing an organic law for a state go\em
inent you discard the official titles of Gov
ernor and Lieutenant-Governor, which
came down to us from the colonial period,
and are obnoxiously monarchical iu their
significance—substituting therefor the more
republican terms ol Rresident and \ ice
President.
To the latest admitted States the student :
of our most perfect ol political systems will i
naturally look to lind those improvements ,
which are contemplated and confidentially
predicted by the fathers. May they find ;
the best illustration iu the State of Mon
tana. !
The Union was originally formed of
States whose governmental forms had long
been established, which probably explains
why the obnoxious titles were carried over ,
from the colonial into the natural period :
but a-» the chief magistrate of a State is j
nowhere referred to in the constitution as
•Governor," the word "executive" being
used instead, it is reasonable to presume
that its framers thought that if the original
States should not iu time change the title
to harmonize with the spirit and title ot |
the National charter, that it might wisely .
be discarded by the new States.
Respect full su limit ted,
HORATIO N. MAGUIRE.
The communication was laid aside tobe
referred to the appropriate committee when
appointed.
Douglass offered a resolution that this
convention memorialize Congress for an
appropriation of $50,000 for the erection ol
public buildings in Montana, 20,000 acres
of land for the improvement of the Mis
souri river above the Great I alls, 20,000
acres for the improvement of the Yellow
stone river, 50,000 acres for public schools,
and 50,000 acres for the Montana State
College.
On motion of Collins the resolution was
laid on the table, to be referred to an ap
propriate committee whon appointed.
The Rresident laid before the convention
the appointment of the following standing
committees, leaving a vacancy on six ol
them for other members when they take
their seats:
Preamble and Bill of Rights—McCor
mick, Napton, Rower, Toole, Malony.
Rights < f Suffrage—Cooper, Collins (one
vacancy.)
Legislative Departments — Langhorne,
Merriman. Browne, Abascal, Pease.
Executive Departments—Mills, Eddy,
Hundley.
Judiciary and Judicial departments, in
cluding pardoning power—Dixon, Toole,
Napton, McCormick, Callaway, Hunt, Vivi
on, Smith, Burleigh.
Military Affairs — Howell, Douglass,
Eddy.
Finances ol the State, public debt, the
indebtednessof counties and municipalities,
revenues, expenditures and taxation, and
the restrictions to lie placed on the powers
of the Legislature in respect thereto—Col
lins. Rower, Browne, Eaton, McSorley,
Proctor, Abascal, Howell, (one vacancy).
Education—Hedges, Langhorne, Ste
phens.
State institutions and public buildings—
Hundley, Waterbury, Douglass. McClin
tock, Daly.
City, county and town organizations—
Vivion, Carroll, tone vacancy).
Apportionment and representation—
Callaway, McSorley, Pemberton.
Corporations other than municipal—
Remlierton, Smith. Hedges, Howell, Fer
Miscellaneous subjects and future
amendments—Browne, Vivion (oue vacan
cy).
Schedule—Greene, Waterbury, Catliu.
Mining, water and water lights—Daly,
Merriman, Eaton, Rroctor, (oue vacancy).
Agriculture, manufactures, commerce,
and immigration—Fergus, Carroll, Cooper,
Crtlin, Van Gasken
Reporting and printiug, and mileage and
contingent expenses—McSorley. Mills, Mc
Clintock.
Rrivileges and elections—Toole, Van
Gasken, Reuse.
Engrossment and enrollment—Carroll,
Malony, Hunt.
Boundaries, public lands, and homestead j
exemptions—Stephens, Greene (oue va
cancy).
Revision, phraseology, aud adjustment—
Smith, Burleigh. Dixon.
Gn ordinances—Rroctor, Fergus, Eaton,
McCormick, Greene.
The Territorial Secretary was requested
to have 1 (K> copies ol the list of the com
mittees printed.
Several propositions were made as to the
manner of forming a State constitution,
when it was finally adopted that the proper
committees on the several subjects should
take up the State constitutiou of any State
of the Union and formulate from them'sucb
matter as to them seemed liest and rejiort
the same to the convention.
Adjourned to 10 o'clock to-morrow.
FIFTH DAY'.
Tlie President called the Convention to
order at 10 o'clock.
Ferris, memlier from Gallatin county,ap
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peared in his seat and was sworn in by the
President.
The President then stated that he had
assigned Ferris to a plaee on the two stand
ing committees of Rights of Suffrage and
Boundaries, Public Lands and Homestead
Exemptions.
Stephens offered the following resolu
tion :
Resolved, That all assessors or collectors
_______________
0 f^ax levies shall be appointed by the tri
, bunal or board with whom they shall have
i to settle their accounts.
Referred to committee on revenue and
taxation.
Collins moved that all resolutions pre
sented relating to the subject matter of a
constitution should lie referred to their ap
priate committees by the President with
out any motion.
The.motion was not acted on.
Smith offered the following resolution:
Resolved, That the following shall consti
tute the Article on the Judiciary of the
S<ate: The judicial power of the State of
Montana shall tie vested in a supreme
court, district courts, probate courts, courts
of justices of the peace, and police courts.
The supreme court shall consist of four
judges who shall hold their offices for a
term of eight years. The State of Mon
shall be divided into four districts, as
:
nearly equal, according to population as
practicable, and one judge of the supreme
court shall be elected from each district,
and the first judge elected from the first
district shall hold for two years only, when
a successor shall be elected for a full term,
and the first judge elected from the second
district shall hold his office for four years,
when a successor shall lie elected for a full
term ; and the first judge elected from the
third district shall be elected lor six years,
and a successor shall thereafter lie elected
for a full term. No person shall be elected
as judge of the supreme court unless he
shall have been a practising lawycT lor
eight years next preceding his election, and
shall have been a citizen of the United |
States and of the State of Montana for at
least one year. The qualifications of the
district court judges shall be the same as
for judges of the supreme court. The qual
ifications of probate judges, justices of the
peace, police judges, etc., shall lie fixed by
law.
Adjourned.
MORNING SESSION—SIXTH DAY'.
Rresident called the convention to order
at 10 o'clock.
McCormick and Pease were granted
leave of absence until Monday.
Burleigh, from the select committee, re
ported the rules as amended, proposing
amendments to rules 25 and 30 ol the
adopted rules, and proposing two addi
tional rules, Nos. 42 and 43, providing that
the yeas and nays may lie ordered by two
members, but upon final action ol matter
to be incorporated in the constitution the
yeas and nays shall lie had without de
mand. Rule 43 provides that before the
official stenographers shall receive any
compensation they shall, after approval by
the Rresident, deliver to the secretary of
the convention their full short hand and
extended notes of the proceedings, to lie
by him delivered, with the other records
to the Secretary of the Territory.
After some discussion by Toole, Collins,
Burleigh, Stephens, Dixon and others, the
report was adopted—yeas, 25 ; nays, 10.
Stephens offered a resolution on the sub
ject matter to be engrafted into the consti
tution in relation to grand juries. Re
ferred to the Judiciary Committee.
Merriman offered a resolution in rela- j
tion to juries. Referred to the Judiciary,
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Committee.
Stevens offered a resolution providing
that the constitution should not discrimi
nate in the matter of citizenship on ac
count cf sex. Referred to the Committee
on the Rights of Suffrage.
Collins moved that committee No. 7 on
the finances of the State, public debt, etc.,
lie authorized to employ a clerk at a per
diem not to exceed $5.
The motion was amended by Howell so
that Mr. Armstrong, who was at work on
the journal of the assistant clerk, was or
dered to report for duty to Colli us, chair
man of that committee.
As amended, the motion was adopted.
Toole offered a resolution expending the
privileges of the floor to members of the
Legislative Assembly of Montana, the At
torney General of the Territory, and to
heads of departments. Agreed to.
The reading of a memorial to Congress
at this time was ruled out upou a point of
order raised by Collins.
Douglass offered a resolution declaring it
to be the sense of the convention that
there should be no clause inserted in the
proposed constitution prohibiting the i
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from providing by law *
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Legislature from providing by
for the per diem of the members of this
convention. Referred to Finance Com
mittee.
William Gibson's resignation as assistant
sergeant-at-arms was read and accepted.
Adjourned till Monday.
MORNING SESSION—EIGHTH DAY.
The Rresident called the convention to
order at 10 o'clock.
Medhurst appeared in his seat and was
sworn in as a member from Silver Bow
county.
The resolution to memorialize Congress
I for public lands in aid of public buildings,
I schools and colleges and to improve the
upper Missouri aud Yellowstone rivers was
; referred to a special committee consisting
I of Douglass, Eddy and Waterbury.
Vivion, chairman of the committee on
city and town organizations, made a report
on the creation of new counties and their
representation, which was read and placed
on file for printing.
Hundley, chairman of the committee on
State institutions and public buildings,
made a report, which was read and placed
on tile for printing.
Calloway—A resolution to lie incorpo
rated into the constitution to prohibit all
public officers from receiving or using free
passes on railroads. Referred by the Rres
ident to the committee on Miscellaneous
Subjects aud Future Amendments.
The Rresident announced that he had
appointed Mr. Ferris on committee 13, and
assigned Mr. Medhurst to committees 7
and 8 .
Rower moved that two additional mem
liers be added to committee 15, on Mining,
Water and Water Rights.
Merriman moved to amend by making
the number four instead of two. Agreed
to. The motion as amended was carried
, . _
j w. C. Sloan, of Boulder City, who being
presen t was calleil before the Convention
and the President reserved the right to fill
the committee till the afternoon.
Pemberton introduced a resolution that
the Territorial Auditor be requested to fur
nish an abstract of the votes cast in each
county at the last election which, was
adopted.
The Convention proceeded to the elec
tion of Assistant Sergeant-at-Arms in place
of Gibson, resigned, resulting in favor of
present
and sworn in.
Adjourned to 1 p. m.
EIGHTH DAY'—AFTERNOON SESSION.
The committee on military affairs,
Howell chairman, reported a bill for the
enrollment of the militia which provides
that all able-bodied citizens of Montana
between the ages of eighteen and forty
five be enrolled as militia of the State, and
that the Legislature shall provide for their
enrollment,discipline, equipment,safe keep
ing of public arms, military records, etc.,
and that the Governor of the State shall be
the commander-in-chief of the militia of
Montana.
The committee on education, Hedges
chairman, reported a bill for the support
of public schools, specifying what lands
shall be granted for that purpose, that the
schools funds shall be used for no other
purpose, that the Governor, Superintendent
of Public Instruction, Secretary of State,
and Attorney General constitute a State
lioard of commissioners to control the i
school lands, that the school funds be ap
portioned to the different counties in pro
portion to the number of children therein
between the ages of five and fifteen, that a
general school fund lie provided, that the
>lic ope n to all children be
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| tween the ages ol five and twenty-one,
that education be compulsory for all chil
! dren betwev j the ages of five and fifteen,
; that women shall vote at all school elec
1 tious, tl at no portion of the school fund
! shall lie used for the support of any sec
tarian schools, that no religious test shall
be required for admission to the public
schools, and providing for the election of
regents of the University and their duties.
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Burleigh introduced a resolution that the
Legislature shall provide that all property
iu the State, whether belonging to corpora
tions or private individuals, shall lie taxed
equally.
On motion the convention then adjourned
until to-morrow morning at ten o'clock.
MORNING SESSION—NINTH DAY'.
The convention met at 10 o'clock.
Rembertdn, from the committee on cor
porations not municipal, submitted a report,
declaring that no special privileges be
granted to corporations different from those
governing individuals; every stockholder
shall lie emjiowered to vote either in per
son or by proxy whenever directors of the
corporation are elected ; relating to rail
roads, and permitting no preferences to lie
shown by them in the transaction of their
business, or in the transportation of freight ;
corporations not allowed to encroach upon
private individual rights ; relating to street
railroads—none to be built without the
consent of the municipality in which they
are located ; relating to telegraph compa
nies ; in relation to the consolidation of
railroad corporations ; relating to employ
ees of corporations.
Stephens, of the committee on bounda
ries, public lands and homestead exemp
tions, introduced a resolution defining the
boundary of the State of Montana ; and
report in relation to exemptions.
Douglas, from the special committee on
resolutions to memorialize Congress, re
ported a resolution that Congress be asked
to appropriate lands for public buildings
for Montana; improvement of the Mis
souri and Yellowstone rivers; and for the
removal of obstructions in the Pen d'
Oreille to the salmon ascending it.
Hedges opposed it, liecause he did not
think it necessary to pass such resolutions
from the fact that the government would
comply with the most of what they con
tained anyhow.
Dixon, also opposed it, and moved that
it be laid upon the table. Carried.
Pemberton, from the committee on home
steads, made a report, which was referred to
the judiciary committee by motion.
Cooper offered a resolution in relation to
tires and guarding against them.
Hunt introduced a resolution that a
committee of three be appointed to address
the people of Montana upon the adoption
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lot the State constitution. Amended so as
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to read five instead of three, and carried.
Collins asked if the public printer was
doing the work, or whether the work was
done by outside parties.
Mills, from the committee on printing,
said that according to the rules of the
convention the committee were only
required to refer all printing to the Sec
retary of the Territory, and the couvention
had no discretionary power in the matter,
and consequently he could not say who
was now doing the printing.
On motion the convention adjourned
until to-morrow morning at 10 o'clock.
TENTH DAY—MORNING SESSION.
Napton, on motion, was granted leave of
absence for five days
C. W. Savage, a memlier from Custer
county, made his first appearance in the
convention this morning and was duly
sworn in by the chair.
The committee on rights of suffrage,
Cooper chairman, reported : That all
elections shall be by ballot ; all persons,
citizens of the United States, shall be en
titled to vote who have resided in the
State six months and in the county such
time as may be prescribed by law ; that
there shall lie no loss of citizenship while
absent iu the military service of the State
or U Ai ted Slates, or on business, or at any
educational institution, or while in any in
firmary, etc.; no citizen to lie compelled to
do military duty on election days,except in
case of war ; everybody appointed to office
shall have resided in the State six months
prior thereto; no insane or idiotic persons,
or those convicted of any infamous crimes,
shall be allowed to vote ; the Legislature
to pass laws to prevent election abuses ;
women to be allowed to vote at all school
elections.
The committee on executive depart
and during their term of office shall reside
at the seat of the government of the State ;
ments, Mills chairman, reported that the
i^n
ittee considered the insertion of the
titles ofPresident andVicePresident instead
of Governor and Lieutenant Governor
inexpedient, and that the executive ot the
State shall consist of Governor, Lieutenant
Governor, Secretary of State, Treasurer of
State, Auditor of State, Attorney General,
and Superintendent of Public Instruction,
who shall be elected to office for two years,
shall be elected by the electors of the State
and in case of a tie vote shall be elected by
the Legislature ; prescribes the ages of
; such officers; their compensation; not to
hold two offices at the same time, except
where it is allowed by the constitution ;
allowed mileage when traveling on public
business; the Governor to fill vacancies
until they can be filled by election ; ap
pointing a board of pardons, who shall have
power in all cases, except that of treason ;
the Governor can require written opinions
from all public officers; concerning the
veto power ; the Governor cannot be
elected a Senator of the United States
while holding his office ot Governor ; pro
viding for impeachments ; Lieutenant
Governor, his power, duties, etc. ; the State
to have a seal, etc. ; concerning the keep
ing of the public accounts, expenses, etc.
The committee on finance, Collins chair
man, reported that neither State, counties,
townships, nor school districts shall give
i aid to any private corporation or indi
i vidual, or take shares in any corporation
except by spec ial provision of the law ;
I counties shall not contract debts to ex
! ceed § 10 , 000 , except by the permission of
the electors of said counties, duly voted
: for ; restricting townships and school dis
^ tricts from going into debt.
The committee on apportionment and
; representation reported as to the manner
in which Congressmen shall be elected and
apportioned, and also State Senators and
Representatives and the time for which
they shall hold their offices.
The committee on miscellaneous sub
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the resolution ( 6 th) which recites that no
jects, Browne chairman, reported that in !
their opinion it was inexpedient to adopt
officers of the State shall be allowed to
take passes, etc., under the penalty of the
forfeiture of office, and recommended its
non-adoption.
Rroctor moved that the report of the
committee be adopted.
Mills hoped the motion would not pre
vail, .os he thought the measure was a very ;
good one.
Rroctor thought it was a matter for the
Legislature, and not lor the convention.
Hedges moved it be referred back to the
committee on legislative departments.
Toole was opposed to referring it to any
committee, as it was entirely, he thought,
within the province of the legislative depart
ment, and he believed the resolution was a
strike at the officers mentioned in it.
Vivion, of the committee on miscellane
ous subjects, said the reason why the com
mittee reported adversely upon it was
liecause they thought it a species of legis
lation.
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Callaway spoke in favor of the adoption
of the resolution, and said that the same
reasons would apply to all other articles to
be adopted by the convention, as they were
all a species of legislation. To leave this
subject to the Legislature was to leave it
without any remedy whatever, and that it
was only right to prevent railroads and
other great corporations from overshadow
ing the Legislatures, ag had already been
done in some of the older States; and if it
were not done now they will come into
them and say who shall be your Senators
and members of Congress. Passes are
issued to State officers as a matter of busi
ness by railroads, and for which they
expect therefor value received, and before
the speaker would permit this question to
be decided unfavorably by this convention,
he would put every member of it upon his
aye and nay. •
Pemberton said that he hoped the con
vention would sustain the committee in
their report, and he took this stand with
out any fear of going upon the record to
that effect. This opposition comes either
from demagoguery or ignorance. He did
not believe a man competent to hold office
could be bribed by an insignificant
pass upon a railroad, or that the patriotism
of the people could be purchased by any
such means, and he believed it a libel upon
their patriotism to hint they would elect
any man to office who could lie so pur
chased. Any one who could be would
want more money than that. [Laughter].
Ever time a railroad officer runs after me
with a ticket I am going to take it, but no
railroad can ever buy me with a pass.
[Laughter]. The people have not yet be
come so corrupted that it is necessary to
put any such provision in the organic law
of th^State."
Callaway moved that the gentleman
from Silver Bow (Pemberton) be especially
excepted from the provisions of the resolu
tion. [Laughter].
Stephens spoke, opposing the action of
the committee, and said it would be better
to settle this question now by incorporat
ing it in the constitution, as they could
settle the question now without any out
side lobby influences. If this leak of
passai was stopped, the railroads could put
down their freight rates for the benefit of
the public.
Dixon moved to amend, which was de
clared out of order.
Collins moved that it be recommitted to
the committee on miscellaneous subjects,
but he finally withdrew his motion.
The orignal motion that the recommend
ation of the committee be adopted was
carried by calling the yeas and nays.
Adjourned until 2 p. m.
Iowa Senatorial Election.
DesMoines, January 23. —A joint ses
sion of the House and Senate was held at
noon to-day for the purpose of announcing
the vote had in each home yesterday on
'United States Senator to succeed Allison.
The joint convention stood : W :lliam B.
Allison, 90; Benton J. Hall, Democrat, 48;
D. M. Clark, Greenbacker, 10; L. J. Kinne,
Democrat, 1.
On motion of Senator Bells, it was de- 1
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clared that Allison was United States Sena
tor from Iowa for the term of six yeare, be- i
ginning March 4, I 880 . )
OUR CONSTITUTION MAKERS.
Biographical Sketches of Members.
William A. Clark—President of the Con
vention, is
a member from Silver Bow
county ; born in Pennsylvania, and with
his parents moved to Iowa in 1856, where
he attiended college and studied law at
Mount. Pleasant. Removed to central
Missouri, where he lived 3 years and emi
grated to Colorado in 1862, where he en
gaged in mining till coming to Montana,
i arriving at Bannack in 1863 ; mined two
years in Horse Prairie, and engaged in
merchandising in Blackfoot in '65 and Elk
, Creek in ' 66 ; removed to Helena, where
, he resided in '67, '68 and '69 as a wholesale
^ merchant, and moved to Deer Lodge in
j 1870, where he established the banking
j firm of Donnell, Clark & Larrabie, which
has a branch now at Butte, under the same
name; is president of the Moulton Mining
company and the Original Mining com
pany at Butte, and vice president of the
Colorado Smelting company, and owner of
many mines of the precious metals
m active operation ; age, 45 ; married ;
Democrat ; I*. O., Butte city.
Cornelius Hedges, member from Lewis
and Clarke, was born at Westfield, Mass.,
October 28,1831 ; graduated at Yale Col
lege in class of 1853 ; taught academics at
Easton, Berlin and Southington, Conn.;
studied law at Cambridge, Mass. ; practiced
law and edited a newspaper at Indepen
dence, Iowa ; came to Montana in 1864 ;
mined in Alder gulch ; came to Helena,
January 16th, 1865, and has resided here
since.
J âmes E. Callaway, meiulier from Madi
son county. His ancestors came to Amer
j ica in the latter part of the last century ;
I parents both bora in Kentucky, where the
j subject of this sketch was born in 1835 ;
j educated and studied law and admitted to
the bar in Illinois; raised a company in
Illinois and reported with it as its Captain
to the 21st regiment of Illinois volunteers,
! commanded by Colonel U. S. Grant, and
I served in that regiment until the close of
! the war for the Union, when he was mus
tered out as its Colonel ; for most of the
time commanded this regiment as Major
and Lieut.-Colonel ; on the second day at
the battle of Chicamauga was a Major and
commanded a brigade ; was a member of
the Legislature of Illinois in 1869 ; came to
Montana in 1871 and settled at Virginia
City, and engaged in the practice of law
and stock-growing to the present time;
; served six years and a half as Secretary of
the Territory of Montana—and acting
Governor for part of that time; age, 4*;
married; Republican; P. O., Virginia City.
Marcus Daly, member from Silver Bow
county. Born in Ireland; came to Mon
tana in 1876 and very soon became gen
eral manager of the Alice silver mine at
Butte; he is now general manager for
Haggen & Travis, owners of the great Ana
eonda mine, ami the Anaconda smelter at
Warm Springs Creek, in Deer Lodge coun
ty ; a practical miner and expert >n the
assay of minerals aud all manner of mills,
machinery, and mining properties; age 42;
married ; Democrat ; P. O., Butte City.
Thomas C. Power—Delegate at large
from the Third Judicial District; born in
Iowa; educated at Sonsinnawa College,
Wisconsin; adopted the profession of sur
veyor and civil engineer ; engaged on gov
ernment surveys in Dakota, where he
resided at several points on the Missouri
river till 1866, when he came to Montana
and located at Fort Benton, there engaging
in the mercantile business. Seeing the
importance of regular and cheap freights
to facilitate the business of merchandizing,
he engaged iu general transportation by
steamboats from Pittsburg and St. Louis to
the head of navigation on the Missouri
river. As the general manager of the Ben
ton "P" line of steamers, he was the first to
make repeated trips in one season to Fort
Benton. He established a daily line of
stages from Helena to Benton, so as to |
form a regular connection with the North- i
era Pacific railroad at Bismarck by steam- !
boat, thus making the first through line •
from northern Montana to the East. Re
moved to Helena in 1876 ; engaged in gen- j
eral merchandising, steamboating and i
freighting; age, 44; married; Republican; j
postoffice, He'ana.
George O. uaton—Member from Gallatin :
county; born in Maine, from which State he
was appointed to the West Point Military
Academy in 1869 and graduated in the
class of 1873; was assigned to the Fifth ;
Cavalry, then serving in Arizona ; served :
on the frontier and engaged in several ex- j
peditions against the Indians in Arizona ;
and New Mexico, in one of which 337 In
dians were killed ; his name was twice pro
posed to the Senate of the Uni teil States by
the President for gallant services against
the savages ; received a year's instruction
in the School of Mines at Columbia College,
New York ; engaged in mining and stock
growing in Wyoming, living in Cheyenne; ,
resigned his commission in the army in
1881, and continued the business of mining
aud stockgrowing in that Territory until
he came to Montana and settled at Cook
City the same year, where he is engaged
in gold "placers and quarts r mines. Age 36;
not married; Republican. P. O., Cook
City.
E l v t; l F. Fe rris, mernb, r from Galla
tin county ; born in the State of New York:
removed to Wisconsin in 1853 : joined the
army as private in 1SCÎ n the 14th Wis
consin, and mustered out as a Lieutenant
Colonel of that regiment in 1865 ; removed
to Utah in 1871 and came to Montana with
the advent of the Utah & Northern Rail
road, following its extention from station
to station in the general forwarding and
transportation business under the firm
name of Sebree, Ferris & White, in which
business he is still connected on the North
ern Pacific Railroad at Bozeman. Age 45 ;
married ; Republican. P. O., Bozeman.
Joseph K. Toole, member from Lewis
and Clarke county; born in Missouri;
educated at the Western Military Academy,
Kentucky ; studied law in Kentucky and
Montana, removing to the latter Territory
in 1869 ; admitted to practice law in the
courts of the Territory in 1870 ; elected
i
I
I
!
aQ d served two terms as U. S. District At
torney of the 3d Judicial District ; was
elected a member of the 12th Legislative
Assembly from Lewis and Clarke county,
and President of the Council at that ses
sion ; is an eloquent debator in the Con
stitutional Convention. Age 33 ; not mar
ried ; Democrat. P. O., Helena.
Horatio Howell, member from Madison
county, was born in New Jersey ; entered
the army in 1861 ; rose from a private to
the rank of Captain in 1864, and was mus
tered out iu July. 1865 ; came to Montana
in 1866, and engaged in mining at Mc
Clellan and Independent gulches; entered
the stage and express business in connec
tion with the great overland mail and ex- ;
press company of Wells, Fargo & Co., and
has been engaged in the same business to
the present time; was a member of the
Legislative Assembly of Montana from j
Madison county in 1877 ; age, 40 ; married,
and a Democrat.
John F. Maloney, member ''•om Dawson
county, was bora in Shieldsville, Minne
sota; educated at the military school at
Fairbault, Minn., and graduated at St.
John's College. Minn., and at the Ann
Arbor law school ; admitted to practice
law at Fairbault, Minn., in 1881 ; came to
Montana and settled at Glendive the same
year ; practiced law iq the several courts
in Montana and Dakota ; was a memlier
of the Thirteenth Legislative Assembly of
Montana in 1883 ; upon the organization
of Dawson county in 1882, he was appoint
ed Rrobate Judge by the Governor, an
office which he held until the end of the
year ; not married ; postoflice, Glendive.
Francis M. Rroctor ; member from Yellow
stone county ; bora in Kentucky 1828 ; a
farmer in his native State, until he liecame a
soldier of the Mexican war in the 4th regi
ment of Kentucky Volunteers under Gen
eral Scott until its close ; emigrated to Cal
ifornia in 1849; admitted to the bar in
Sierra county, Cal., in 1858; to Western
Utah, now Nevada, in 1858; member of
the Constitutional Convention to form the
State of Nevada, and afterwards a State
Senator of that State for four years ; re
moved to the Black Hills iu 1877, aud to
Custer county, Montana, iu 1881 ; engaged
in the practice of law and mining ; age 56;
widower; a life-long Democrat; postoffice,
Billings.
Edwin B. Waterbury ; member from
Deer Lodge county ; bora iu Connecticut ;
emigrated to New York city, 1841 ; engaged
in business there and was burned out iu
1852; m ule the tour of the United States
in the business of collecting; emi
grated West to Colorado in 1859;
and established at Denver the Elephant
Corral and Auction House, still in exist
ence ; to California in 1861, and to Oregon
in 1862 ; agent of Wells, Fargo's exgress at
Lewiston, Idaho; Member of the Idaho
Legislature for two sessions in 1863-64 ;
came to Montana in 1865; settled iu Hel
ena and was elected from Edgerton (now
Lewis and Clarke) county to the Montana
Legislature at Virginia City in 1866 aud "67 ;
removed to Deer Lodge county in '67 ;
elected to the Couucil of the Montana
Legislature in 1876; counsellor and con
veyancer; age 58; married; Democrat.
Robert B. Smith—Memlier from Beaver
head county; born in Kentucky; gradu
ated at the Kentucky Milburn high school
1876; admitted to the bar at Mayfield,
Ky. in 1877; removed to Blandville and
practiced law there ^ame to Montana in
1882, and settled ar Dillon, BeaverVnd
county; age, 29; married; Demot e, P.
O. Dillon.
Andrew F. Burleigh—Member from the
First Judicial District; born in Pennsyl
vania; graduated in the law department of
the State University of Iowa ; admitted to
the bar iu 1878 ; practiced law at Yankton
and Dead wood, Dakota; removed to Mon
tana and settled in Miles City in 1881;
appointed district attorney by the Gover
nor for the First Judicial District, in 1883;
married; age, 26; Republican.
William Van Gasken—Member from
Custer county; born in Delaware ; removed
to the State of Missouri in 1871 ; engaged
in farming there for two years, and came
to Montana in 1873 ; lived in Idaho and
adjoining Territories till his return to
Montana in 1877 ; engaged in stock raising
and building ; age, 30 ; not married ; Dem
ocrat ; postoflice, Miles City.
Edward McSorley—Member from Jeffer
son county; born in the State ol New \ork;
a farmer; removed to Wisconsin in 1*67,
and came to Montana in 1868 and settled
at Fish creek ; engaged in mining at Home
stake and Pipestone for two years; mer
chandising at Fish creek for three years ;
assessor for that district in 1876 ; elected
treasurer for the county in 1878, and now
serving for the third term in that office;
age, 53; bachelor; Democrat; postoflice, k
Boulder Valley.
James Fergus—Member from Meagher
county; is the oldest member of the con
vention; born upon the Clyde, near Glas
gow, Scotland; has beer in America for
fifty-one years ; engaged iu business and in
manufacturing interests in Minnesota and
elsewhere; removed to Colorado in 1860,
and to Montana in 1862, coming to the
Territory with the first Fisk expedition,
and settled at Bannack ; went to Alder
gulch as a miner in 1863 ; acted as the
first recorder in that camp ; was appointed
the first commissioner of Madison county;
after mining there for two years, re
moved to Helena in 1865, where he mined
for a short time in Lust Chance and paid
some attention to prospecting and develop
ing quartz leads near Blackfoot; engaged
in farming and dairying in Edgerton
county (afterwards Lewis and Clarke) in
1866 ; changing his residence to his land
possessions near the head of the Prickly
Pear canyon in 1868, he there engaged
largely in general stock raising, cattle and
thorough-bred horses chiefly. He has held
several offices of trust, and was a member
of two Legislative Assemblies after the
removal of the Capital to Helena; age, 71
years; married, and a Republican.
Samuel R. Douglas, member from Custer
county, was born in Glasgow, »Scotland ;
came to Montana in 1868 ; appointed to
West Point Military Academy from Mon
tana in 1872 ; graduated as Second Lieu
tenant in the class of 1876, and was as
signed to the 7th Infantry, then serving in
Montana: resigned his commission to en
gage in the business of stock raising, and
settled in Miles City in 1882; age, 32;
married; Republican; postoflice. Miles
City.
Samuel W. Langhorne, member from
Gallatin county, was born in Virginia ; re
moved to Missouri in 1842, and from
there to California iu 1852, to Nevada iu
1863, and from there to Montana in 1865 ;
was a member of the Ninth Legislative
Assembly, which convened at Helena in
1876 ; has been elected to several positions
of trust in Gallatin county; editor and
publisher of the Daily and Weekly Chvon
iele at Bozeman ; age, 47 ; married : Demo
crat.
Walter Cooper, delegate from the first
judicial district, was born in the State of
New York ; removed to Michigan in 1850,
thence to Colorado in 1859, and engaged in
mining there ; came to Montana in 1863 ;
engaged in mining and freighting at Alder
gulch and to Fort Benton in 1864; pros
peeted in last Chance and Oro Finogulches
in 1864-65 ; removed to Bozeman in 1869,
and engaged in merchanaUiag, in which
business he is engaged at the present
time; age, 41 ; married; Democrat.
W. J. McCormick—Member from Mis
soula county ; was born in Indiana : educat
ed at the Asbury University, of Greeucas
tle, Indiana ; read law with D. R. Eckles,
alter wards chief justice of Utah, and ad
mitted to the bar iu 1857 ; removed to
Montana in 63 ; was secretary of the first
Democratic couvention iu Montana : mem
ber lrom Madison county to the first Legis
lative Assembly of Montana which held its
sessions at Launack in 1864 ; was a memlier
from Deer Lodge county to the Council of
the Second Legislative Assembly • mem
age,
ber from Missoula county to three Legisla
tive Assemblies from 1875 to H 7 -
48; married; Democrat
William H. Hunt, Jr.—Member from
Choteau county ; was born in New Orleans
iu 1858; was educated at the German
school aud at Yale College: studied law at
the Louisiana law school and in his father's
office; was admitted to the bar of Dakota
in 1878, and has been practising law at
Fort Benton, Montana, since; was ap
pointed collector of customs for Montana
and Idaho by Garfield, in 1881 ; was a
member of the Republican convention at
Helena iu May, 1881; is the member from
Choteau on the Territorial Republican Cen
tral Committee ; is a member of the judi
ciary committee of this convention ; age,
26; married, and a Republican.
T. E. Collins—Member from Choteau
county ; was bora in Ireland ; removed to
Indiana in early j'outh ; educated at the
Indiana High School ; came to Montana iu
1864, and followed the business of mining
in Alder, Grizzly, Last Chance, Nelson,
Confederate and Cave Gulches; was
county clerk for nine years, probate
judge for a term ; a memlier of the House
and Council of the Montana Legislature
from Meagher county for three sessions;
admitted by the Supreme Court in 1*72 to
practice law in the courts of Montana;
was deputy district attorney for Meagher
county for four years ; removed to Fort
Benton in 1880, and is cashier of the Bank
of Northern Montana ; age, 40; married ;
Democrat; postoflice, Fort Benton.
William B. Hundley—Delegate at large
from the Third Judicial District; born in
Kentucky; educated in Kentucky aud
Illinois; served in lioth branches of the
Illinois Legislature ; came to Montana in
1875; was elected a member of the Coun
cil from Lewis and Clarke county to the
Twelfth Legislative Assembly of Montana:
engaged in the breeding of thorough-bred
horses, and has a half interest in the cele
brated stud of noted race horses belonging
to Hundley & Preuitt, of Helena: age, 60
years ; married ; Democrat ; postoffice,
Helena.
Franklin L. Greene—Member from Yel
lowstone county ; born in Ohio ; graduated
at Naval Academy at Annapolis, Md., in
1869, aud served in the United States navy
as master till 1873 ; resigned his commis
sion and removed to Arizona, New Mexico
and Colorado ; came to Montana in 1880
and located in Custer (now Yellowstone)
county ; engaged in stock growing, freight
ing, etc., under the firm name of Greene &
Peck ; age, 29 ; not married ; ; Democrat ;
P. O., Billings.
Fellows D. Pease—Member from Galla
tin county; born in Pennsylvania; re
moved to the pineries of Wisconsin iu 1853
and engaged iu trade with the Chippewa
Indians on Black river, Wisconsin ; en
gaged in correcting the boundary line be
tween Minnesota and Iowa iu '54 ; traded
with the Santee Indians on the Watonwan
river, Minnesota, in company with William
D. Gray ; joined the Sully expedition of'56
to meet Gen. Harney at old Fort Pierre, on
the Missouri river; connected with the
Northwest fur Company on the Missouri
river until 1864, and one of that firm when
they bought out the American Fur Com
pany ; continued with the Northwest Fur
Company until 1868 ; connected with the
United States Indian depart ment till'74;
engaged in prospecting, mining and other
enterprises to the present time ; age. 49 ;
single; Republican; P. O., Livingston.
Joaquin Abascal, member from Deer
Lodge, Yvas bora in Spain, in the province
of Castile; rerroved to California iu 1852;
came to Montana in 1866, and has lieen
engaged in mining, freighting and mer
chandising ; Yvas a member of the Council
of the Ninth Legislative Assembly of
Montana; engaged in mining and mer
chandising at Beartown, Deer Lodge
county ; age, 49 ; married ; Democrat ;
postoffice, Beartown.
R. A. Eddy, member from Missoula
county, was born iu the State of New
York, and educated in Oregon ; removed
to Washington Territory in 1856 ; joined
the volunteer expedition against the In
dians; came to Montana iu 1865 and began
business in Helena with the mercantile
firm of Conner & Welch in 1"66; engaged
in merchandizing in Missoula nd Stevens
ville, Montana, as one of the tq 1 of Eddy,
Hammond «ft Co.
Francis William Hastings Medhurst.
member from Silver Bow county, was born
in England ; educated at the Royal Mili
tary Academy at Woolwich, and entered the
Royal Artillery, in which he served six

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