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THE COURT HOUSE CASE.
The Demurrer to the Complaint Sustained. A Full, Clear and Conclusive Deci sion. In the Thir<l Judicial District Court. Ix-wmand Clarke County. Henry M. I'archen el. al.. ] plaintiffs, | Demurrer va. J- to Francia l'ope, et ah, | complaint, uefendauts. J For the purposes of this demurrer all matters properly alleged in the complaint are to be taken as true. The questions presented are of vital interest to the pub lic and demand the gravest consideration. I feel most keenly the whole burden of the situation, aud besides the common inter est of citi/en and taxpayer, there is the responsibility of deciding according to the law and the right. There are two questions to be deter mined, viz : First, l nder the allegations of the com plaint, ought the County Commissioners to l>e enjoined from the further issue and sale of bonds for the erection of the Lewis and Clark county court house ? Second, Is the contract awarded by the Commissioners to the defendants, Kyan and Brunton, null and void ? The first question depeuds very much on the second, for if the contract is void it would l»e a very plain'proposition that an injunction ought to issue to restrain the payment of money thereon. And so the main question relates to the validity of the contract. . It is clear enough from the authorities, that the court has jurisdiction to, and may, enjoin a public officer from the commis sion of illegal acts; and it is equally clear that the legal aud authorized acts of such an officer are beyond the jurisdiction of ! the courts to interfere with. It would he foliy to undertake to enjoin ; that which is already doue. The founda- : tion of the court house has lieen built and paid for. An injunction would not cure ! its detects, if any such it has, and to de clare the contract under which the work was performed null and void would not ■ restore to the county the money it hits ex- j pended. The Commissioners were required by the law to let a contract lor the construc tion of this court house, and if in so doing they complied with the law, the contract is valid. If in the construction of the ; building under such contract there were , departures from the plans and specifics- i tions, to the damage of the couuty, the ! remedy is against the contractors and their j bondsmen, for a failure to comply with their contract, and this is the reason why the statute required the contractors to give a bond for the faithful periormance of their contract. If the contract is valid, it affords its own remedy. The complaint is founded upon the proposition that the contract is void. The issuing aud sale of bonds to create a court house fund is required by the statute, and therefore could not be enjoined, but if the contract is illegal and void, the court ought to îuterfere and prevent the payment of money thereon. Nothing can prevent the issuing and sale of these court house bonds and the creation of a court house fund, but any payment from said fund, on an illegal contract, ought to be enjoined, even though the result should be that the county would have a court house fund, and no court house. The statute under which this court house is being erected provides that the contract shall be let to the lowest responsible bid der, aud as one of the reasons why this contract should lie declared null and void, the complaint alleges that the Commis siouers did unlawfully, wrongfully, and Iradulently reject the lowest bid, and did accept the bid of Kyan and Brunton for $137,999.50, which was largely in excess of what the court house aud material were to cost according to the advertisements under said act, and that these parties confeder ated together for the purpose of commit ting this fraud, and therefore that the con tract is null aud void. No act of conspiracy is alleged, except that the Commissioners rejected the lowest] responsible bid and accepted the bid of Kyan and Brunton. The jK-rsou or persons who made a lower bid thau Kyan and Brunton are not named, neither is the amount of such bid made known. The averment of the complaint might lie true, if the lowest bid were only one dollar less than that upon which the contract was awarded, and yet no one would coutend that such a departure from the statute would vitiate the contract. The : lowest bidder is net named, but who be is, or was, becomes material, for the defend ants have the right to traverse the allega tion that he is responsible, aud to show in their ow n vindication that he was not. It is not averred that the building contracted tor could be constructed for any less than $137,999.50, or that it would not be worth that sum when completed. This being so the couuty was not defrauded in letting the contract. It does not appear but what the building will cost and will be worth every dollar that the Commissioners have agreed to pav for it. Under such a state of facts there could have been no conspiracy to defraud the county,and the county iu pay mg tfie contract price would only be pay- j ing for value received.. If there were lower bidders aud they have been injured by the rejection ol their bids, they hate their remedy against the Commissioners ou their ! bonds. It is also alleged as another reason why this contract should be declared null aud void, that there were divers other persons desirous of bidding tor the contract, aud that the defendants conspired together in order to precipitate the letting of the eou tracl to Kyan and Brunton. and to prevent others from bidding, caused spurious plans and tqiecideations to !>e furnished them) which increased the cost ol the building, aud sach other persons were thereby pre vented from making suitable and proper estimates, by reason whereof the contract j ! ; : j was fraudulently awarded to Kyan and Brun ton and is therefore void. If this were all true, and it is for the purposes of this de murrer, who has been injured thereby but the persons who were prevented from bid ding, and they have their remedy against the Commissioners? It is not averred that these persons would have put in any lower bid than that of Kyan and Brunton, and if they would not, it is not very material by what means they were prevented from so doing. A conspiracy to defraud is harm less if it does no injury and fails in its pur pose. These persons are not named ; their responsibility cannot lie tested ; they do not designate any bid that they would have made, and for all that appears the bid of Kyan and Brunton was better than they would have done. There is nothing to show that the Commissioners or Kyan and Brunton were benefitted or that the county was injured because these persons did not bid. If they would have made a lower hid it would have been easy to have said so, or if the contract price was too much for the building and more than it would lie worth, they could have made that appear. Failing so to do, the pre sumption is that the contract price is a fair and just compensation for the build ing to be erected. It is also averred that the foundation to the court house already contructed and paid for, is defective in workmanship and material, and not according to the plans and specifications of the contract. This surely is not a good reason for declaring the contract void. Because one party vio lates a contract, that is no reason why the same should be declared void, but it is the very best reason for enforcing the contract. I do not think these allegations of the complaint sufficient to cause the contract to be declared]null and void, and therefore hold that it is a valid and binding con tract. This contract and the personal lia bility of the contractors under it, and the fifty thousand dollar bond given by them for its faithful performance, is the only protection that the county has in the premises, and this contract must be upheld and enforced. It is the official duty of the Commissioners to enforce it to the letter, and they are guilty of a crime under the statutes of the Territory if they wilfully neglect or refuse to perform their official duties. Even if the contract were procured by fraud to which the contractors were a jiarty, their lips are sealed. They cannot profit by their own fraud or take advantage of their own wrong. If the contract were declared null and void, that would release the con tractors and their bondsmen, and if this foundation has to be taken down, it would be at the expense of the county, after hav ing paid for building it, while if the con tract were good and valid, as I think it is ) if the foundation has to )>e removed and rebuilt, it would be at the expense of the contractors and their bondsmen. If this foundation is not according to the contract and plans and specifications, an action by the Commissioners, on the contract, against the contractors, would compel them to make the foundation com ply with the contract, even to the removal and relaying of every stone thereof, or to pay an amount sufficient to cause that to be done. And in such an action an in junction might properly issue against the contractors enjoining them from further proceeding in the erection of the building until they had made the foundation con form in every particular to the require ments of the contract. The faith and the personal responsibility of the contractors and their bondsmen is pledged to the faith ful performance of this contract, and to the erection of a court house strictly ac cording to the plans and specifications, and it is the official duty of the Commissioners to compel the honest and faithful per formance of this contract. The court may compel the performance of official duties. Proceedings in mandamus are appropriate for that purpose. It is unfortunate in every way that this court house trouble has arisen, but it is the right of the people to know that their money is not being squandered or stolen, and it is the duty of the Commissioners, who are simply public servants of the peo ple and acting for them, to give the infor mation, and to require that the contract be honestly performed and a court house erected according to its terms, and any willful neglect or failure in this regard subjects to trial and punishment, and be sides the court may compel the perform ance of these official duties. The Demurrer to the complaint is sustained. d. s. WADE. Helena, March 8, 1880. To those who seriously ask the question Why send to Europe for emigrants and not rather draw them for the unemployed of our ow r n older .States, w e would say that those at the east now temporarily out of employment are those accustomed to some mechanical trade, for which there is none or very little opportunity here in the new west. They would have to change their life work, the skill they have acquired i would become waste capital, and they would have to adjust themselves to new condi- I tions for which experience has not fitted them. As business revives there will soon be employment for all who have any trade, ' any skill at it, or any energy that is ueces- ! >ary to success anywhere. The east is not yet half peopled or half cultivated aud never will be so long as men can move away from farms worn out by a shiftless system of cultivation and and take up new lauds ou which to repeat the same old pro cess. If we get immigrauts from northern Europe, of the same original stock as our selves, accustomed to a considerable degree of freedom, educated in a system of free schools, vigorous, industrious, prudent, ex perienced in the careful cultivation of the soil, these are the met" w» want for every consideration aud we cannot get too many of them. Their coming will give wider markets for eastern manufacturers and in crease employment for eastern mechanics. They are accustomed to hardships and struggles with nature that fit them better to face the life that first settlers have to encounter with limited means. WAFTED FROM WASHINGTON. Anthropological Society—George Ban croft—Sonator Palmerand his Pets— Old Point Comfort—Justice Miller—Vance a Wit—Reed and Reagan. I SPECIAL HEKALD COKBESPONDENCE.l Washington, March 4.— A new society has been started here called the "Women's Anthropological Society.'' As the name implies, the society is devoted to the study of man in an impersonal sense, and it now holds an established place among the scientific bodies of the city. The name of the society was suggested by Miss Cleve land, who bas taken much interest in it and has attended many of the meetings. The object of the society is to encourage ladies to undertake the study of anthro pology in its various branches. Meetings are held every two weeks. The society includes some of the best and most intelli gent women in Washington. One would hardly think to see Mr. George Bancroft on horseback that he had passed three score and ten. He is still active and able to take his usual exercise. Mr. Bancroft attributes his good health to his regular habits. He is a believer in system, and has a certain number of hours allotted to each kind of special work upon which he is engaged. Few have any idea how, by being so methodical, Mr. Bancroft can get through with an amount of busi ness that would seem incredible to the un initiated. • Every day he devotes several hours to labor on his history of the Uuited States, either in preparation of new matter or the revision of proofs. If Mr. Bancroft's health and strength continue he will pos sibly engage in other literary work during the next year. Senator Palmer, of Michigan, has no children, and both he and his wife are de voted to pets. Their house resembles a small menagerie in its complement of dogs, cats, birds, aquaria, etc. The Senator was recently seen on Connecticut avenue, and w'as thus described by a correspondent : A stout gentleman dressed in black, with a small, soft, black hat crushed down upon the right side of bis head, was walking along in an easy, independent way. His pudgy right hand was shoved down deep into the pocket of bis overcoat. In his left hand be twirled a little ligbt-brown stick, the head of which was a carved goblin's head, dust above the top button of his overcoat, right in the center of his snowy white shirt bosom, rested the live black head of a toy terrier dog. This unique style of breast pin attracted the attention of everyone. News comes from the Hygea Hotel, Fort Monroe, that the hotel is filled with visitors from the »South and West, aud that hops are of nightly occurrence and are well attended. The proximity of the Fort, with the numerous officers stationed there, iuany of them unmarried, makes the hotel a very pleasant resort for ladies who seek a few weeks of winter recreation. Justice Miller wears a dark velvet skull cap while sitting iu the U. S. Supreme Court as a preventive from the draughts of air to which the bench is subjected. It is not known whether any preventive is used against the etfects of tluid draughts. Congressman Keagan. of Texas, is 70 years old. He has a poor voice but an excellent brain. He has resided in Texas for forty-seven years aud has represented that State in Congress for seventeen years. Kepresentatives Keed, of Maine, and Loutitt, of California, were once respec tively school master and blacksmith in the same California village. »Stephen W. Dorsey, of Star Koute fame, is reported to have purchased a »Santa Fe paper. He has his eye ou the »Senate, it is believed, if New Mexico is admitted as a »State. »Senator Vance, of North Carolina, is a wit, and he if well aware of this fact. He recently met the beautiful Miss Bullitt of Philadelphia. "Ah !'' said he, "I heard you whistle during the war. " It would be a wise thing if Congress were to pass the bill of Mr. Hoar, which provides that copies of all public docu ments should be sent to a public library or other place in every Congressional District. A great deal of valuable information would thus be placed at the disposal of the public which otherwise would uever reach them. FAX. Ofk townsman, Mr. Thomas Cruse, and his affairs still supply topics which various of our exchanges treat with circumstance of more or less inexactness. W hether Mr. Cruse is fairly or uutairly represented does not add to or take from the estimate with which he is regarded at home. Here in Montana, where he is universally known, he is respected for his good sense, his hon est, unpretentious life, his sterling quali ties of head and heart. His recent mar riage, to our mind, was a most commend able act. aud much redounds to his credit, and distant priuts which iu one, two or more cases have spoken otherwise than fairly of it are misinformed or ignorant of what they write. Mrs. Cruse is a culti vated, amiable estimable lady, and not a word about money entering into or in fluencing her marriage is true. As hus band and wife each is worthy ol the other, aud iu that light and no other was their engagement consummated. Of great public interest is the decision this morning rendered by Judge Wade in the case of Pärchen et al. vs. l'ope et al., in w hich the so-called court house matter is disposed of, the demurrer to the complaint being sustained. We can only say to-day that the decision strikes us as particularly clear and lucid, sound in law, and one of the most conclusive arguments that could lie made against annulling the contract. The opinion iu full is printed in to day's Herald. _ The steamship Egyptian Monarch was destroyed by fire this morning at her dock, Jersey City. Loss, including cargo, $300, <XF;. Cause of fire is supposed to have been the explosion of dynamite or an infernal machine. THE VIEW WE TAKE OF IT. Time will soon interpret what is so indefinite, obscure and mysterious in the recent dispatches of Mr. Bonner. Many think they know already, and are shrewd and quick to draw conclusions. If a hundred million dollar syndicate has entered into a contract to build a branch road from Helena in any direc tion, it is pretty safe to say that it can not be done without the people of Hel ena knowing all about it as soon work begins. If the attempt is made to antagonize or defeat the work already so auspiciously and energeti cally begun by the Montana Central on the lines to llimini, Marysville and the Sand Coulee coal mines, in whatever in terest or from whatever motive, it will present an issue on which there is but one »side for the people of Helena to take. Our city is a unit in the wish to see these roads built and operated, and those are our friends who undertake to carry through such a work, and those are our enemies who undertake to op pose or defeat it. We have been and still are and always will be the steady and appreciative friends of the Northern Pacific railroad. We want to see it get the full benefit of its great land grant, which we believe it is justly and legally entitled to by hav ing completed its road before any for feiture was declared, though not in the time originally contemplated. We want to see the road prosper and make money. We want it to reap the legitimate fruits of its great enterprise, and so far as it seeks to reap those fruits consistently with the general interests of the lerri tory or with our local interests in Hel ena, we shall heartily approve and re joice in the largest measure of its suc cess. »$o long as its main line was still in complete and the country traversed so generally undeveloped, its embarrass ments so great, its large resources in such poor condition to realize from, we have not expected to see the work of building branches prosecuted so as to satisfy local ambition and needs. But while not disposed to be impatient or un reasonable on the matter of attending to our local interests, we cannot but regard the work of others iu stepping in and helping to build such branches at once and without appeals for local bounties, as such a boon that if we failed to ac knowledge their 'special and timely value, we should be less than human and altogether unworthy of the great advantages they presently promise. So far as anything done or to be done by the Montana Central, for the present at least, and as far as we can i»ene träte the future, there can be nothing but what will greatly and permanently benefit us, and will in a great degree benefit the Northern I'acific as well. All of its ma terial and supplies will have to come over the Northern Pacific, and the large volume of business that it will create in this vicinity will contribute to the busi ness and increase the revenues of the Northern Pacific. Of the more remote designs and effects they are scarce worthy of mention. The road north may be sometime extended to a connection with the Canadian Pacific or it may not, and it may connect with Hudson's Bay or Alaska, but neither of these events can possibly injure the Northern Pacific, but will clearly aid it in every possible view of the situation. Either the Northern Pacific or any of its hundred million syndicate allies, though it had scores of them, have all the work they can do for twenty years to come in building branches without get ting into each other's way or in the way of any other local organization engaged in developing its naturally tributary territory. We are aware that there is a good deal of jealousy among railroads about the matters of invasion of their so-called territory. In that particular matter the iuterests of the roads and that of the people are diametrically opposed and it is foolish for the roads to expect sympa thy from an intelligent people in any scheme that would deprive them of greater commercial privileges. To those who would ask : "Under which king, Trebonius?" We would say, under neither, we will be our own masters and gratefully acknowledge and appreciate all tiie ad vantages that come from any source. The Blair education bill has passed the »Senate by a strong vote that almost insures its adoption by the House aud with its general features much improved by the amendments received during its careful consideration by the Senate. Its most ob jectionable feature is that it makes distri bution according to the census of 1880, since which time the population ol the Territories has more than doubled. It is equally unjust to all the rapidly growing new States in the West. The South will get the lion's share in any event, and heaven knows it most needs it. We only hope it will give education such a start at the South that it will conquer prejudice and ignorance, and beget a public senti meut that will hold sway after the public appropriations are exhausted. The death of Senator John F. Miller, of California, is a serious loss to the Kepubli can strength of the Senate. The appoint ment of a successor rests with the Gover nor. who will, of course, appoint a Demo crat. Senator Miller's term would have expired March 4, 1887. The Legislature of California to lie elected next November will choose his successor, and we have good reasons to believe that it will be Ke publican and send a Kepublican to the Senate. The policy of the administration on currency and^tariff are not such as to gain favor or votes on the I'aciiic coast. Senator Miller of California, is dead. ; I j i j ' ! ! j I ! i I ! ! j I ; j I I THE COURT HOUSE DECISION. Judge Wads's decision sustaining the demurrer to the complaint against the Commissioners, architects and contractors of the new court house, delivered and published yesterday, will be accepted and stand as good law' and sound reason ing within the comprehension of all men though they be not learned in the law*. The judgment sustaining the de murrer means simply that if the case went on to trial before judge or jury and the complainants proved all that they alleged, they still would not be entitled to the jugement they seek. We must suppose that the attorneys who drew this complaint made the most of the facts furnished them for a basis of ac tion. The result only shows the great difference between suspicions and facts that must be proven as alleged. The decision brings out clearly and forcibly the fact that the complainants in asking to have the contract declared null and void were aiming at what would have proved an irreparable damage to the county. If the work done on the foundation is defective the only possible remedy that is left the county is on the contract. If this were set aside the county would have had no remedy to recover the money expended or to have the defective foundation removed or replaced by one that conformed to the contract. Even though there might have been fraud in the procuring of the contract the contractors could not take advan tage of it. They are bound just as firm ly as if it were above the breath of sus picion. No one seriously objects to the plans, the cost or the terms of the con tract. The proper thing therefore is to have court house put up according to the plans and the terms of the contract. The court intimates very clearly that it w'ill interfere by mandamus when properly invoked thereto to compel the Commissioners to discharge their official duties in tbe premises. But this cannot be done on suspicion that they are going to betray their trust and accept work that is not according to contract. The principle of law that presumes every one charged with an official trust will discharge it faithfully according to law extends even to County Commissioners. Now that our jieople have escaped an other calamity in being left with a costly piece of work on their hands without a remedy to recover damages or have de fects cured, is it not about time to stop this discreditable and unprofitable wrangling and go to work to uphold and strengthen the hands of those entrusted by law with the duty to carry out a work in which we have so great an in terest, as well in its early completion as in having it well done according to con tract ? We are not defending the Commis sioners in all that they have done or left undone. They made a grievous and costly mistake in not providing a com petent iocal superintendent, furnished ; with copies of plans, specifications and I contract, who could stop all departures j from the contract at the ineeption, and i thus prevent more serious troubles, de j lays and losses. We understand it to be ' the purpose of the Commissioners to ! have such a superintendent before any ! further work is done. As to the work j done, the contractors in departing from I the terms of the contract have assumed the risk of having their work sejected and having it to do over again. If this work will not prove sufficient beyond all doubt in the judgment of competent judges, it must come down, and no other course is to be thought of. If it is sufficient, though inferior to what the contract requires, let the work be ac cepted with a proper reduction of pay, so that the contractors shall not make a profit from their neglect of duty. And v.e would strongly urge the Commissioners to invite the co-operation of a citizens committee to consult with ! in the further progress of the work. It will serve to relieve them of responsi bility and will do very much to allay suspicions already existing and to pre vent the growth of others, for which we seem to have a very prolific soil in this community. The time to resume work is at hand and the utmost dilligence and energy are requisite to complete this work during the coming season. Those who would delay the completion of the court house the present season are doing us an in i jury only less in degree than those who I would defeat it altogether. Neither class ! are serving the interests of the city, the i county or the taxpayers. In the English House of Commons a resolution to the effect that an hereditary chamber of legislation is inconsistent with the principles ot a representative govern- ' ment was only defeated by thirty-eight majority on a p»~etty full vote. It is ominous of the downfall of the English House of Lords. v Isaac J. Miller, a prominent Cincin nati Democrat, recently testified before ! the Legislative investigating committee that John K. McLean offered him $3,000 j and his support for Mayor if he would say I that he believed the Police Commissioners would appoint better men for police thau the Mayor. Mr. Miller declined to endorse the scheme, aud his testimony places McLean in an unenviable position. The Cheyenne papers are jubilant over ; the tiling of articles for a railroad that is to rnn north from that place to the south ern line of the British possessions. For the past ten years or more we have heard this same or a similar story every season. It doesn't cost much to get up articles of incorporation and file them, but it takes j time, work and capital to build a railroad. I We will îeserve our congratulations till I the work is under way. GOLDE.1 WEDDING. Gen. and Mrs. Van Cleve to Celebrate the Event in St. Paul. Gen. and Mrs. Van Cleve celebrate their golden wedding at their home in »St. Paul, Minn., on the 22d, inst. Their wedding cards, issued fifty years ago, read in this wise : "Lieut. Horatio Philip Van Cleve, U. S. A., and Charlotte Ouisconsin Clark mar ried March twenty-second, 1836. Fort Winnebago, Mich. Ter." Among others in Helena receiving cards to the golden celebration are Miss Helen P. Clark, neice of the venerable conple, and Col. W. F. Wheeler, an old friend of the family, who makes his acknowledg ments in the following letter : Helena, Montana, March 9, 1886. My Very Dear Old Friends:—You cannot tell how much pleasure your kind invitation to your golden wedding gave me, and if I were able to spare the time and money I should he at your house on March 22d to congratulate you both on the happy occasion. Think of it, fifty years of a happy wedded life ! Half of a century, spent together in all good works. It is like a small eternity. Oh, may God bless you here and forever for the good example of your almost exceptional lives, which have been a comfort to me and to all who have had the pleasure of jour friendship. My only regret is that my wife is absent visiting her daughter and grand children, but I shall show her your card, and I know she will rejoice with me to congratulate you on this happy event in your lives. Truly your friend. WH. F. WHEELER. »Montana Cattle Company. The certificate of incorporation of the "Montana Cattle Company" has lieen filed in the Kecorder's office. The incorporators are Messrs. John T. Murphy, W. E. Cullen and J. P. Woolinan. The capital stock is fixed at $500,000, divided into 1,000 shares at $.700 each. The object of the associa tion is the raising of horned cattle, horses and males and tbe transaction of general live stock business. The trustees elected for the first three months are John R. Lionherger, and Thomas E. Tutt, of St. Louis, and John T. Murphy, Joseph Mur phy, J. P. Woolman, C. F. Ellis, and W. E. Cullen, of Helena. The event is simply the incorporation of a company that has been in non-corporate existence for some years and is known as the 79 cattle com pany. ^ ^ In the March North American Review Henry Strong replies effectively to a former article in the same review upon the danger ous tendency of land monopolies in the United States. He shows by figures from successive census reports that there is a steady tendency towards a greater num ber of smaller farms in every section of the country. From a large practical experience and wide observation he asserts that the farmers of the older western States are not generally in debt or their farms mortgaged, that the tendency is not for owners to be come tenants, but the contrary, and that small farmers make more money than large ones. In the newer States the lands are more generally mortgaged to secuie the meaus with which to work them advan tageously, to buy machinery and erect necessary buildings. Kates of money are generally high in sach new States and some incur debt that they cannot safely and conveniently carry. There is a time in the early development of a State when money is made rapidly by the advance iu the price of land, but wide experience in all parts of the country proves that there is little profit in holding improved farms for rent. It is proved not only that lauds can be profitably worked only by the owners, hut that among those who own their farms those make the most who hire the least labor. There is a natural law that con trols this tendency and the results, stronger and better than any that can lie enacted by Congress or State legislatures, and it strikes us as unnecessary and unwise to try to limit the amount of land that may be held by one man or to limit the amount of wealth that any one may acquire. Most of the large bodies of land that have been acquired by foreigners in'this country have been bought with the view of colonizing and they will uever yield their owners much profit without being settled and cultivated. Tbe day of land grants to corporations is over. It has had its ad vantages, which we are apt to forget and belittle, and it has had its disadvantages, which we feel and are apt to magnify, but which may and should be corrected and in the final adjustment of the balance we still believe the country will be shown to have been the gainer. Kecent utterances of Grand Master Workman Powderly, concerning the pur poses and methods of operation of the Knights of Labor, show him to be a man of uncommon good sense, and it his views can control the action of the organization immense benefits are possible of attain ment. The attempts to turn it into a political power threatens its permanency and usefulness most seriously. Another serious danger comes from the too ready resort to extreme measures, such as strikes and boycotting. If the good sense and moderation of the Grand Master prevail it will soon be found out how far and in what directions it is right aud wise to go. When Knights of Labor organize aud announce that they will protect property from de struction and waste by strikers, they take a stand that will command respect and win favor. Labor is as much a part of the capital of a country as money and equally or more entitled to protect itself and be protected by law. To Go to Washington. Benton River Press ] A meeting ol the representative met of Fort Benton was held this afternoon at the otfice of T. A. Camming», at which a com munication from Hon. Martin Maginnis was read, in which he expressed a willingness to assist as far as he could the passage of the bill now lie fore Congress for the open ing of the Indian reservation. It was the sense of the meeting that a committee lie appointed to go to Washington, the com mittee to be comprised of representative men in the Territory, and the names of Hon. Martin Maginnis, W. A. Clark, Governor Hauser, T. C. Power, C. A. Broadwater and W. G. Conrad were sug gested. As all of these gentlemen are men of large influence, it is to be hoped that the assistance they nay be able to give Mr. Toole will end in the passage of the : hill. : MONTANA. Mineral and Other Resources of the Territory. Commercial Importance of Helena.. The Coming Railroad Center«« The Admission Question. The Cleveland Lendtr of February 2-qh prints a very interesting letter from Chief Justice Wade, from which we make the following extracts : Helena, M. T., February 12.—A few words from the far Northwest may he of interest. Helena is situated at the foot of the main range of the Kocky Mountains, on the eastern side, and is a thrifty, enter prising town of from ten to twelve thou sand people. Its streets are lighted by electricity, and gas furnishes light for the houses. There are niauy line buildings and elegant residences. It is the commer cial center of the Territory, and tor its size is one of the wealthiest towns in the Uuited States. The average deposits in its banks are three millions ol dollars. It has many very wealthy men, among them sevtral millionaires. It is one ot tue most important places on the hue of the great Northern Pacific road. Another railroad connects Helena with the town of Wicks, twenty-live miles away, at which place aie located extensive mining aud reduction works that produce each mouth large amounts of bullion, furnishing employment for a great number of men. Twenty miles westward of Helena is situated the cele brated Drum I.ummon mine, for .which a London company paid Thomas Cruse, the owner, $1,61X1,000, and which produces monthly from $100,000 to $120,000. Not far front the Drum Lummon ts the Gloster mine, owned by the Boston aud Montana company, THE NET PROFITS from which last month were $50,000. Twenty miles southwest ward from Helena is the Ked Mountain, upon which is situ ated the Ten Mile Mining District, which contains many valuable mines. So import ant has this region become that within the last few days a contract has been let to construct a railroad from Helena to the town of Kimini, at the foot of Ked Moun tain, and already work has been commenced thereon. It is expected that the road w ill lie completed by July 1. One hundred miles northwesterly trom Helena, and between there and Fort Ben ton, at the head of navigation on the Mis souri river, are the Great Falls of the Missouri, at which place there ts quite a town, and one of the best water powers iu the world. Not far from the Great Falls very extensive coal fields have been dis covered, which of late have attracted much attention. For some time a project has been on foot to construct a railroad to the Great Falls from Helena and so open up this coal region and utilize this vast water power. Mr. Broadwater, of Helena, and Mr. Hill, of »St. Paul, aud other Eastern capitalists have had the matter in hand. Y'esterday this company purchased 1,300 acres of coal lands and let a contract for constructing this road from Helena to the Great Falls. This same company have lately purchased many mines in the T*-n Mile district, and they are building the road from Helena to Kimini. A railroad is already projected from the Canadian Pa cific to Fort Benton, 180 miles south. It is not unlikely that the Union Pacific will have a road into Helena within a year, and so it looks as though this capital ci»y would soon be A RAILROAD CENTER. Helena has always been tbe commercial center of Montana, and has not depended for its growth and prosperity upon the mines by which it is surrounded, but bringing in the ores from the Ten Mile country aud coal trom the Great Falls will undoulitedly result iu the erection of min ing and reduction works here on au ex tensive scale. Many fruitful agricultural valleys are also tributary to Helena, which have contributed largely to its growth. Many of the cattle kings of the Territory reside here. This cattle business is a marvel. It has built up fortunes without expense or cal culation. Cattle have occupied the aucieut pastures of the buffalo, aud fortunes bave been made without rhyme or reason. It seems almost beyond belief that cattle will live here and take care ol themselves dur ing our hard winters, but the tact is be yond any question or dispute. This is my fifteenth winter in Montaaa, and some ot them have been very severe aud accom panied with deep snows, but the losses have been so small that the annual increase of the herds has lieen uniform aud steady. One great source of reveuue to the North ern Pacific railroad is shipping cattle to the Eastern markets, liaising sheep and horses is also very profitable business. Tbe future ot Montana looks very bright. Its resources seem almost without limit. Its mines of gold, silver, copper, and coal, though in their infancy, have yielded enor mous returns. The bullion product ot Butte City last year was greater than that of ANY OTHER PLACE IN THE WORLD, while the stock industries are growing to enormous proportions. Montana has a population sufficient to entitle it to admission as a State, and property aud resources amply sufficient to maintain a State government. Its resources are varied. It does not depend upon turn ing, stock raising or agriculture aloue. but on all three combined, and if either one should fail the other two would make a rich and prosperous State. We believe Montana will make one of the richest States of the Union. Its people are edu cated and enterprising. They are loyal and true to the government. They are orderly and law-abiding. Me have courts, court houses, schools and colleges, churches and hospitals, and all the appliances of civilized coramnnites. V\ e are American citizens and do not think we ought to be disfranchised. It was never contemplated that Territorial governments should be anything but temporary. Montana has been an organized Territory for twenty-two years, and for a temporary government that is some time. Our Supreme Court is now working upon the sixth volume ot Htw reports. There are schools all over the Territory, in every community. Tbe taxable property of the Territory is many times greater thau that of several State when admitted. Our population is greatei in the same proportion, and we can see no reason why we should not lie admitted as a State, The quality of our polities has not been very good, but the admission o Montana as a State is not a political uuestiou. It would be the right thing to admit Dakota, Montana aud Washington. As Governor Murray has had to veto about all the acts attempted to be passed by the Utah Legislature, it ought to sug gest to Congress the extreme propriety ol wiping out of existence 80ch a legislat'' e body that has shown itself incapable of doing the work for which alone it was called into existence. The idea ol paying men from the United States treasury to hatch treason and nullify the laws ot Cou gress is an extreme ot folly that ought no. to existjfor a day.