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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, February 10, 1887, Image 2

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FIFTEENTH LEGISLATURE.
Twenty-Third Day--February Ü.
COUNCIL.
MORNING SESSION.
The Council convened at 10 o'clock with
a quorum present. After roll call the
regular order of business was proceeded
with.
The committee on education and labor
reported on 11 B 1" and recommended its
passage with amendments.
Also lift 27 and recommended its pas
sage with amendments.
The committee on incorporation reported
C I; 6 without amendments.
Tha committee on engrossment reported
II B as correctly engrossed.
The judiciary committee reported C B
No. 20 and recommended its passage with
amendments.
Also C B No. 10, lor the compensation of
counsel in certain criminal cases and
recommended that it do not pass.
Also C B No. 7 and recommended its
passage.
II B No. 10, II B No. O, C B No. 20. C B
No. 10 and C B No. 7 were placed on gen
eral orders.
BILLS INTRODUCED.
By Bickards, C B,No. 24, an act relating
to the employment, protection and adop
tion ol children. Referred to the com
mittee on printing.
By Waters, C B '25, an act concerning
the erection of a Territorial prison.
The President announced the signing of
II B 13 and HJK1
By Sutherlin, C B 26, a bill for an act to
provide compensation for the officers of
Meagher and Fergus counties, Referred
to committee on towns and counties.
A communication from the House was
received relating to certain bills and notice
of bills.
A communication lroin the Governor j
was received enclosing reports of the
trustees of the law division of the Mon- j
tana library and of the contractor for the
care, maintenance and medication of the
indigent ; insane of Montana Territory, j
Also a communication from the Governor
as follows :
Executiv e Office, Helena, M. T ,
February 2, 1887. J
Tu the Council:
Gentlemen:— I have the honor to in
form you that I hereby nominate and with
your consent and advice will appoint and
commissionW m. G, Preuitt, of Lewis and
Clarke county, Territorial Treasurer from
the expiration of the term of tne present
incumbent. Very Respectfully,
S. T. HAUSER.
Also a communication appointing James
.Sullivan to be Territorial Auditor.
Il B 3 was read for the third time and
passed as as amended.
< >n motion of Kennedy the amendments
to C B 3 were adopted and the bill was re
ferred to the committee on engrosement.
Il J M 6 was placed on tile for third
reading.
On motion of Rickards, the amendment
to the Council substitute for H B 1, as re
ported by the committee of the whole, was
adopted and referred to the committee on
engrossment.
The Council then resolved itself into a
committee of the whole, Collins in the
chair. After discussing two or three bills,
the committee rose and asked leave to sit
again.
The Council then adjourned.
23th Day ""February 3.
COUNCIL.
The Council met at 10 pursuant to ad
journment. Roll called a quorum present.
The committee on enrollment reported
C I! 3, amending the probate practice act
as correctly enrolled.
The committee of the whole reported
that C J M 1 be amended and passed.
That C B 19, to amend an act to provide j
payment for counsel in certain criminal |
cases do not pass.
That II B 10 to protect wages of wage
workers be amended and passed.
The committee on education and labor
reported II B 5 with amendments and rec
ommended its passage as amended.
The committee on engrossment reported
C B 5,C B 16 aud 11 B 1 as correctly en
grossed.
C .1 M was referred to the committee on
engrossment.
C B 19 was placed on file for the third !
reading.
H B 10 was referred to the committee on :
printing.
C B 5 and H B 1 were placed on file for j
the third reading.
The following notices ofbilIs were given :
By Collins, a bill to amend section 1051
of the revised statutes relating to revenue.
By Su'h t!in, a jtin* resolution relat ng to '
the publication of the Governor's message, j
A communication was received from the
House relating to certain bills and notices
of bills.
The Council substitute for H B 1 was J
read for the third time and passed.
C B 19 was read for the third time and
lost.
C B 5 was read the third time and !
passed.
The council resolved itself into a com- |
inittee of the whole to consider general j
orders. Kennedy in the chair.
II B 27 and C B 20 were considered and ;
the committee then rose and asked time to |
report.
The Council then adjourned until to
morrow morning.
HOUSE.
MORNING SESSION.
The House convened at 10 o'clock, with
a quorum present. After roll call the regu
lar order of business was proceeded with.
A petition was received from the citizens
of Gallatin county, praying for the parti
tion of that county.
NOTICES OF BILLS.
By Harwood, a bill to amend section 12 '
of an act entitled an act limiting the com
pensation of certain officers.
By Armstrong, a bill concerning the fees
and salaries of district, county and town
ship officers.
A communication from the Council was
received concerning certain bills and notices
of bills. Also H B 3, concerning the sale
of liquor to the indigent poor, was returned
ameuded. It was placed on general orders.
BILLS INTRODUCED.
By Armstrong, H B 45, a bill to amend
an act concerning the fees of jurors in civil
cases.
By Taylor, H B 46, a bill for an act to
prevent rams running at large between Au
gust 1st and September 1st of each year.
By Taylor, H B 47. to prevent the aban
donment of sheep.
The three bills were referred to the com
mittee on printing.
The following bills were read for the
third time and put on their linal passage.
H B 28, a bill for an act to amend sec
tion 310 of article 3 of the revised statutes.
This bill is for the relief of the Montana
Central railroad by extending the time al
lowed it by the present statute.
Marshall moved to recommit the bill to
the committee on Territorial affairs.
The Speaker held that this motion should
be put under a suspension of the rules.
Mantle objected and an appeal was taken
from the Speaker's decision. The appeal
was sustained and the decision overruled.
The question then came up on the mo
tion to recommit the bill, and it was car
ried by a vote of 13 to 9—the same vote
that decided against the Speaker's ruling
H B 30, concerning watering place for
stock, was then read for the third time.
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On motion of Kanouse the bill was re
committed to the committee on grazing
and stockgrowing.
C J R 3, proving for the printing of bills,
and other printing was then put upon its
passage and rejected.
C B 9 was then read for the third time
and put upon its final passage. This is an
act to amend section 1193, of the filth di
vision of the revised statutes, and prohibits
the running at large of swine in
certain counties. The committee on
I towns and counties recommended
1 its rejection, as being against the re
strictive act of Congress. It was unani
mously rejected.
The committee of the whole reported H
B 13, recommending that it do pass as
; amended. It w'as read and put upon its
I final passage.
Blake moved that the House reject all
the amendments.
Brown spoke against this motion. He
1 desired to place himself squarely on the
record about this bill. He wanted no
hall-wav measures. If these eviH existed
they shouldjbe stamped out.
Mr. Brown went on to say that he was
not given over to religion or morality him
self. Yet when the religious bodies came
to this august body of legislation, asking
for relief in this matter he thought that
, they should be heeded. He believed that
the morality of the community should be
helped. What was sauce for the goose was
sauce for the gander, and if they legislated
against one class of evils why should they
not include all places in which such evils
existed ? He hoped the amendment would
be kept in the bill.
Blake in reply stated that he believed in
enacting laws that could be enforced and
that would not become a dead letter upon
the statute book. He objected to the sec
tion affecting places where music was
played, even though beer was dispensed.
Also to section 2, which he thought affect
ed German beer gardens and concert halls.
He claimed that when the amendments
were rejected there would be a measure
left which would accomplish all that was
necessary. If these amendments were
adopted such opposition would be en
countered as would defeat the objects
sought to be accomplished by the bill.
Recess until 2 p. m.
A1TERNOON SESSION.
At 2 o'clock the subject of H B 13 was
resumed.
Aldersou spoke, advocating the passage
of the amended bill, and Mantle followed
him in the same strain.
l'age spoke strongly against the variety
show and the elements brought into the
Territory by them. He was inclined to
think the amendments were introduced j
more to cripple the bill than to help it by j
burdening it with sections impossible to be :
enforced.
Marshall replied, advocating the passage
of the bill with all its amendments. He
«lid not believe that the House would re
ject it.
Harwood spoke in favor of the amended
bill.
Alderson agreed with Marshall and be
lieved in striking at all the vices at once,
and extirpating them root and branch.
The motion was then put shall the re
port of the committee amending the bill
be adopted. The motion was lost and the
report was rejected by a vote of 16 to 7.
The bill was then ordered to be engrossed
for a third reading.
The House then adjourned.
Twenty.fifth Day-February 1.
COUNCIL.
I
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MORNING SESSION.
Council met at 10 o'clock in usual form,
the President and full house present.
REPORTS OF COMMITTEES.
The committee of the whole reported
having considered C B 20, to amend sec
tion 371, 5th division, R. S., and recom
mended its passage as amended by the
judiciary committee. Bill referred for en
grossment. Also II B 20, to regulate
gambling, reported a substitute and recom
mended that the bill and substitute be re
ferred to a special committee for amend
ment and thorough consideration. Report
adopted. Pardee, Rickards and Thomp
son were appointed such committee.
C J R 1, for the improvement of the
National Park, was reported correctly en
grossed. Filed for third reading.
SCHOOL SUPERINTENDENT.
A message was received from Governor
Hauser nominating Arthur C. Logan, of
Custer county, to be Superintendent of
Public Instruction for the Territory. Re
ferred to the committee on education and
labor.
The Governor also transmitted the joint
stock resolution passed by the Dakota
Legislature and recommended immediate
action upon it. This resolution provides
for the appointment of a committee of five
from the Dakota Legislature to confer
with g. like committee from Montana to
take steps and to devise measures to pre
vent the spread of contagious diseases
among live stock. Referred to the com
mittee on grazing and stock growing.
C B 23, to punish seduction, having been
reported correctly printed, was referred to
the judiciary committee.
Sutherlin introduced C J R 5. This
provides for the printing of 1,000 copies
of the Governor's message, with reports of
insane contractor, etc., in pamphlet form,,
appropriating $125 therefor. Read twice
and referred to the committee on ways
and means.
A communication from the House trans
mitted C J R 3, lor additional printing,
and C B 9, to amend section 1193, 5th
division, R. S., which were both lost in
that body.
PASSAGE OF ISILLS.
H J M 6, petitioning Congress for the
extension of surveys in Montana, was read
a third time and passed ny unanimous
vote.
H B 10 to protect the wages of wage
workers, was read a third time and came
up for passage.
Collins argued against the bill as it was,
holding that two long sections of it were
cumbersome and would defeat what the
bill sought to effect He favored the ex
punging of these sections, and in that
event would vote for the bill. He was
friendly to the laboring interests, but be
lieved they would not be subserved by the
bill as it was framed.
In the debate that ensued Kennedy,
Rickards and Sutherlin argued for the
bill, Collins alone maintaining the opposi
tion.
On the roll call the bill was passed
unanimously, Collins explaining his affirm
ative vote by saying he did not want to go
on record as voting against such a measure.
C J M 1, asking an appropriation for the
National Park, came up for third reading.
Collins said he favored the memorial, but
objected to its construction. He recom
mended that a few sentences, urging as a
reason for making the appropriation that
there was a surplus in the national treas
ury, be stricken out. He withdrew this
motion, and on motion of Kennedy the
memorial was recommitted to the commit
tee on federal relations.
Council went into committee of the
whole Pardee in the chair, on C B 7, re
lating to the Territorial library. The com
mittee rose shortly and reported the bill
back with the recommendation that it be
referred to the joint committee on the
library of the House and Council. The
committee asked and was granted leave to
sit again.
REAR TALK.
Council rasumed. Pardee rose to make
an an inquiry. He asked if any member
knew one certain John Willis, a redoubt
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able Nimrod. He saw by the Auditor's
report that Willis had killed, or been paid
bounty for killing, 112 bear, 223 wolves, 89
cayotes and 25 mountain lions during the
year 1886. Surely such a great hunter
was known in some sections of the Terri
tory. He was an unknown person in Deer
Lodge county, and he (Pardee) would like
to hear from other members as to Mr.
Willis.
( )ne by one the members sprang to their
feet and disclaimed the honor of acquain
tanceship with Mr. Willis.
Considerable laughter was occasioned by
the different phases of spontaneity and
originality exhibited by the Councilmen in
their anxiety to repudiate Mr. Willis as
one of their constituants.
Kennedy, however, said that Missoula
county was so large that he was not pre
pared to say that Willis did not reside
there in. < >ne thing, there were plenty of
bears there and many were killed every
year.
l'ardee said that bounty had been paid
on over 1,000 bears last year. He did not
see where they all came from. For his
part in all his rambles in Montana be had
never yet seen a live bear.
Collins said he had prospected the moun
tains around Helena and in other parts of
the Territory and had met but one bear in
16 years.
The President inquired whether he was
prospecting for gold or bears.
Cardwell arose and told a bear story.
He knew a man near his place who killed
nine bears in one morning. He also told of
the ravages of the footed marauders in his
section.
Here bear stories threatened to become
the order of business.
Hundley requested permission to tell a
bear story. [ Laughter.] The President
announced that such a proceeding would
require unanimous consent.
Amid great laughter a motion was made
and carried that Hundley be granted unan
imous consent to tell his bear story.
The gentleman forthwith arose to unfold
his tale, which was simply to the effect
that, though bears were not seen in cities
and had never been encountered by mem
bers of the Council, they neverthelvss ex
isted in force in the Territory.
Some suggestion was then made of the
probable introduction of a bill on the
bounty law, and regular business was re
sumed.
On motion the Council concurred in the
House amendment to Water's joint resolu
tion, making the committee to examine the
books and accounts of the Auditor and
Treasurer to consist of 3 from the House
and 2 from the Council.
Ad journed till 10 a. m to-morrow*.
HOUSE.
MORNING SESSION.
The House convened at 10 o'clock, with
a quorum present.
The first, business was the giving notice
of bills. The following notices were given:
By Harwood, a bill regulating appeals
from orders granting new trials.
By Mantle, a bill for the suppression of
obscene literature and a bill for the relief
of John X. Beidler.
The committee on printing reported II B
41 correctly printed. It was referred to the
committee on judiciary.
Council substitute for H B 1, concerning
the crime of rape, was read and referred to
the judiciary committee.
C B 5, relating to the transfer of certain
records relating to the Butte townsite. was
referred to the judiciary committee.
HILLS INTRODUCED.
By Hanscomb, H B 48, for an act relating
to stock killed or injured by railroads.
The committee on printing reported II
B's 40, 43 and 44 correctly printed.
H B 40 went to the committee on educa
tion and labor, H B 43 to the committee on
grazing and stock growing, and H B 44 to
the committee on towns and counties.
The House then resolved itself into a
committee of the whole to consider general
orders.
H B 3 was the first taken up. This bill
relates to the sale of intoxicating liquors
to the indigent poor. Itdhad been already
passed by the House, but the Council
amended it and returned it. The commit
tee were ordered to recommend the adop
tion of some of the amendments and the
rejection of others.
H B 22, concerning a special poor tax,
was then taken up and the committee or
dered to recommend its rejection.
H B 25, for the compensation of certain
county officers, was then considered. Af-«
ter some discussion, it was recommended
to be sent back to the committee on towns
and counties.
H B 26, for a registration law, was then
considered. The rules were suspended and
the bill read by sections. Section 1 was
adopted. Section 2, after a slight amend
ment, was also adopted. Sections 3, 4, 5
and 6 were adopted. A motion that the
committee rise and report progress was
then interposed and lost.
The reading of the sections was then con
tinued, and sections 7, 8, 9, 10, 11, 12,13,
14, 15 and 16 were adopted without discus
sion. The committee were then ordered
to report the bill to the House with a rec
ommendation that it do pass. The com
mittee then rose.
House adjourned until to-morrow morn
ing.
Twenty-Seventh Day—-February 5.
COUNCIL.
MORNING SESSION.
At 10 o'clock this morning members of
the Council assembled to find their cham
ber threatened with inundation from the
fluids of heaven, which emanated from
melting snow on the roof and trickled
through the ceiling at points along the
north wall, threatening to submerge the
whole "moral row"' of the body. Front
seats in this line moved their desks out of
range of the constant dropping, but the
area of leakage began to spread and forced
the committee clerks to remove their seats
to the other side of the chamber, where
the tables of the press reporters stood.
Doubtless under the impression that, as
reporters were so often in hot water, they
wold not mind a little dab of the cold fluid,
these tables were transferred to the damp
side of the house. Members left their desks
and sought dryer posts. Comments upon
the superexcellent character of the roof
were made, and altogether a most violent
aversion to cold water was exhibited. But
there was no help for it, and as the water
had the ceiling, the Council resolved to
give it the floor too, and promptly ad
journed the session until Monday immedi
ately after the opening prayer.
HOUSE.
MORNING SESSION.
The House convened at 10 o'clock with a
quorum present. After roll call the regu
lar order of business was proceeded with.
The committee of the whole House re
ported that H B 22 be recommended.not
to pass. Blake moved to lay the bill on
the table and it was so ordered.
H B No. 25 was recommitted to the
committee on towns and counties.
H B No. 26 was recommended for pas
sage.
NOTICES OF BILLS.
By Blake, an act to compile the laws in
force at the beginning of the 15th Legis
lature.
By Mutb, an act concerning the property
of non-resident heirs.
By Harwood, an act concerning the pen
alty for the non-payment of taxes.
Also an act to amend section 10 of an act
creating Yellowstone eouLty, concerning
the election of officers.
INTRODUCTION OF BILLS.
H B No. 49, by Harwood, an act regu
lating appeals from orders granting new
trials in District Courts. It was referred
to the committee op printing.
The following bills were read for the
third time and put on their final passage :
H J M No. 7, concerning the wagon road
from Cinnabar to Cook City. Passed unani
mously.
H B No. 31, concerning trustees of re
ligious corporations. This was passed.
The substitute for H B No. 13—the
variety show bill coming up for its final
passage. Mantle made his usual speech,
advocating the cause of morality and the
Comique Theatre, which in his view is the
great exponent of it. One member after |
another rehashed the whole old story and ;
finally the question was put and the bill ;
carried.
The committee on printing reported II
Bs Nos. 36 and 42 correctly printed.
H B No. 42, an act concerning elections, I
was referred to general orders.
II B No. 36 was referred to the commit
tee on ways and means.
A communication from the Council was
received concerning certain bills and
notices of bills.
The House resol ved itself into a com
mittee of the whole to consider general
orders. Page in the chair.
H B No. 42, concerning elections, was
considered and after some little discussion
and a couple of amendments was recom
mended for adoption.
The committee then rose and the House ;
adjourned until Monday morning.
Twenty-Ninth Day--Fcbruary 7.
COUNCIL.
MORNING SESSION.
Session opened in form at 10 o'clock.
Roll call showed all present but Kennedy,
of Missoula, who went home to attend the
obsequies of the late F. L. Worden.
COMMITTEE REPORTS.
Education and labor, recommending the
confirmation of Arthur C. Logan as Super
intendent ol' Public Instruction.
Grazing and stockgrowing, recommend
ing the confirmation of Herbert Holloway 1
as Territorial Veterinary Surgeon.
Ways and means, majority report, signed
by Waters and Collins, recommending the
confirmation of James Sullivan and W. G.
Preuitt as Territorial Auditor and Treas
urer respectively.
Ways and means, minority report, signed
by Pardee, recommending the confir
mation of James Sullivan as Territorial
Auditor.
Engrossment, reporting C B 20 correctly
engrossed.
THE DAKOTA RESOLUTION.
The committee on grazing and stock
growing, to whom was referred the reso- 1
lution of the Dakota legislature, reported a
joint resolution and recommended its
speedy passage. This provides that a
special committee of five, consisting of two
members of the Council and three of the
House, to be named by the pre- 1
siding officer of each body, be
appointed to confer with the committee
from Dakota to devise means and take 1
steps to prevent the dissemination of con
tagious diseases among live stock, to con- !
sider the matter of quarantine and all
other questions relating to the subject that
might properly come before such a confer
ence committee. It also provides that the
Governor be requested to transmit the res
olution to the proper authorities in Dako
ta, recommending immediate action. Ow
ing to its urgency the resolution was read
and passed unanimously under suspension
of the rules.
NOMINEES CONFIRMED.
Rickards moved to take up the commit- j
tee reports and act upon them.
Sutherlin introduced a resolution, which
was adopted, requestieg the governor to |
furnish the legislature copies of all reports ;
of veterinarians for the past year.
The names of the Governor's nominees j
for Territorial offices were then taken up
and voted upon. Arthur C. Logan for !
Superintendent of Public Instruction and
James Sullivan for Auditor were
unanimously confirmed.
PARDEE VS. PREUITT.
W G. Preuitt for Territorial Treasurer j
was the next nomination taken up.
Pardee, chairman of the ways and j
means committee, said :
Mr. President :— As the minority of j
the ways and means committee, I did not
recommend the confirmation of this ap
pointment. The Governor had an undoubt- ;
ed right to nominate whom he saw fit. We
have the equal right to say whether we
shall confirm his nomination. The Repub
lican majority of this house could, if it
saw fit, defeat these nominations on politi- |
cal grounds. But as party lines have been |
disregarded, the only consideration the ;
Council looks at in these matters is the j
personal fitness of the nominees for their
respective positions. I do not believe this
is a fit nomination. I do not believe we
should vote to confirm it and if we do it
will be against the wishes of the majority
of the people.
IN HIS FAVOR.
Collins supported the nomination. He
said : "In my opinion and in the opinion
of all members of this body with whom I
am in political accord and to whom I have 1
spoken on this matter, the Governor has ;
honored the Territory in this nomination
and selected one of her most distinguished ,
citizens, well qualified for and capable of
filling this position. The office will l»e
faithfully administered if he is confirmed ;
and in that event we will never have ■
reason to regret our action."
On the call of the ayes and noes Preuitt i
received every vote but that of Pardee. !
Kennedy was absent during the session.
THE VETERINARIAN.
Herbert Holloway was the nominee for !
Territorial Veterinary Surgeon.
Before the ballot Sutherlin arose and re- J
quested a postponement of action upon
this nomination until the reports, called
lor in his resolution, could be obtained and
examined. He bad heard that, though
many stockmen were in favor of Holloway,
there were others as much opposed to him.
It was reported Holloway had made some
bad prescriptions for stock during the past
year and other charges were preferred. It
were better to give time for fuller explana
tion before taking decisive action.
Hundley inquired why, if Sutherlin was
in possession of such information, he did
not impart it to the committee, since Hol
loway's nomination was in their hands for
so long a time.
Sutherlin replied that he understood there
was a question as to Holloway's eligibility
and thought there was no use bringing
the matter up until that had been settled.
He did not want to fight the nomination.
If ne did he could bring in petitions against
it signed by many prominent men. His
only object was to have everything fully
explained before voting on it.
Waters said that the Montana Stock As
sociation had investigated these charges
and found them groundless. This associa
tion had recommended Holloway's ap
pointment. He saw no reason for postpon
ing action.
On the roll call Holloway was confirmed
almost unanimously, Sutherlin casting the
only negative vote.
ROUTINE WORK.
Sutherlin introduced C B 27, for the
punishment of persons making fraudulent
pedigrees of live stock. The penalty of
the offense is made a fine of $50 to $300,
30 to 90 days' imprisonment or both. Read
twice and ordered printed.
A message from the House stated that
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that body had refused to concur in the
Council's amendments to H B 3 and ask
ing the Council to recede therefrom. One
amendment was receded from and the
other the Council resolved to stand by.
The bill is one prohibiting the sale of in
toxicating liquors to the indigent. The
Council amended it so as to make the of
fense impossible unless committed know
ingly. It was this amendment from
which the Council refused to recede.
House substitute for II B 13, to prevent
the sale of liquors in variety theatres, the
famed variety bill, made its appearance in
the Council. It was read twice and referred
to the committee on education and labor.
H J M 7, praying an appropriation for j
a wagon road from Cinnabar to Cooke City, :
was read twice and referred to the com- !
mittee on roads and highways.
H. B 31, conerning trustees of religious
corporations, read twice and referred to the
committee on corporations.
C B 20, to amend section 371, 5th divi
sion of the revised statutes, was read third i
time and passed by unanimous vote.
The Council went into committee of the j
whole, Rardee in the chair, on H B 5 and
C B 6, the former to protect the rights of (
married women, the latter relating to cor
porations. Discussion ensued and lasted !
until noon.
HOUSE.
MORNING SESSION.
The House convened at 10 o'clock with
a quorum present.
After roll call a petition wa3 read from
the Knights of Labor of Bozeman concern
ing opium dens.
Also a petition from Missoula asking for
a law to protect wage workers.
REPORTS OF COMMITTEES.
The committee on education and labor
made a majority and minority report ou H
B 39, concerning the prohibition of liquor
retailing on Sunday in the Territory. The
majority report advised the rejection of the
bill on account of doubts as to its legality.
The minority report advised the passage of
the bill.
Page moved that the minority report be
adopted, and argued in support of his mo
tion that the moral spirit of the entire
Territory called for the enactment of such j
a law.
Blake suggested that the bill be placed
on general orders, and it was so ordered.
The committee on Territorial affairs re- j
ported ou H B 28, making a few amend
ments and recommending its passage as so
amended.
Blake offered an amendment exempting ;
railroads whose lines cross or be upon an
Indian reservation from the operation of
the bill until they get a right of way over
the reservation from the United States.
The amendment was adopted and the
bill ordered engrossed.
The committee on towns and counties
made a report on H B 25. They recom
mended a substitute lor the bill. The sub
stitute was adopted and the bill ordered
engrossed.
The same committee reported H B 44
with some slight amendments and advised
its passage. The amendments were adopt- j
ed and the bill placed on general orders.
The same committee also reported a 1
substitute for II B 37. The bill was re
ferred to the committe of the whole House, j
The same committee also reported on C B
4 that one member of the committe had '
been absent : that the other members were
equally divided, and hence they returned
the bill without any recommendation. The
bill was placed on general orders.
NOTICES OF BILLS.
The following notices of bills were given :
By Harwood, a bill to amend sections
983, 984, 985, 986, 987, 988,989 990 and 991
of chapter 51 of the 5th division of the Re- !
vised .Statutes.
By Thompson, a bill to prevent double
taxation.
By Buskett, a resolution for the appoint
ment of a committee of three from the
House and two from the Council to visit
the penitentiary and insane asylum and
report on their condition.
The committee of the whole House re
ported H B 12 with amendments and
recommended its passage. The report was
adopted.
BILLS INTRODUCED.
By Armstrong, H B 50, a bill in relation
to the fees and compensation of certain
district and county 'officers. Referred to
the printing committee.
By Harwood, H B 51, an act to amend an
act entitled an act limiting the compensa
tion of certain officers. Referred to the
printing committee.
By Muth, a bill for an act to amend sec- j
tions 396 and 397 of the second division of j
the revised statutes.
By Mantle, H B 53, a bill for an act con- !
cerniDg obscence literature.
By Blake, II B 34, an act to compile the
general laws of the Territory on Montana,
in force on the 15th day of February, 1887,
The rules were suspended and the bill
was read for the first and second times by
the title, and the bill was referred to the
judiciary committee.
By Mantle, H B 55, for the relief John
X. Beidler.
Rules were suspended and the bill was
referred to the committee ways and means.
The House then resolved itself into com
mittee of the whole to consider general
orders.
H Bs 10, 37, 44, 39 and C B 4 were on
the desk for general orders.
House adjourned on account of pipes, etc. i
needing repair.
The following resolution will be offered
by Spaulding in the House to-morrow :
Whereas, The members of this House
have learned with profound sorrow of the
death of Hon. Frank L. Worden, of Mis
soula, an honored ex-member of the legis
lature of this Territory, a man possessed of
many sterling qualities, and one who per
formed most valuable services to the Ter
ritory in the infancy of its development ;
therefore, be it
Eesolved, By the House of Representa
tives of the Territory of Montana, that we
extend our heartfelt sympathy to the
widow and children of the deceased, to
w hom we direct the clerk of this House to
send a copy of the preamble and résolu -
tion herewith.
Thirtieth Day-February 7.
COUNCIL.
MORNING SESSION.
The roll call this morning at 10 o'clock
showed a full house. After a brief prayer
by the Chaplain yesterday's journal was
read and approved.
Collins presented a petition from citi
zens of Benton, protesting against the em
ployment of women and minors in liquor
selling places. Filed.
COMMITTEE REPORTS.
From roads and highways, Holliday,
chairman, handed in H J M No. 7, concer
ning the Cooke City and Cinnabar wagon
road, with a recommendation that it pass.
Owing to some informality in the history of
the memorial, it was sent back to the
Honse for proper endorsement.
From ways and means Pardee reported
C J R No. 7, to provide for the printing of
the Governor's message, etc., in pamphlet
form, with recommendation to pass.
From Federal relations Hundley report
ed C J M No. 1, for an appropriation for
the National P&ik, recommending its pas
sage with amendments. These amend
ments consist in striking oat a few dicta
torial clauses in the instrument The re
port was adopted and the memorial re
ferred for engrossment.
NOTICES AND INTRODUCTION OF BILLS.
Rickards gave notice of a bill relating to
the formation of municipal corporations.
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Kennedy introduced C B 28, to amend
section 1051, Fifth Division, Revised
Statutes, relating to the taxation ot min
ing claims. Read and referred to the ways
and means committee.
Kennedy introduced C B 29, relative to
the records of mineral locations. Read
and referred to the committee on mines
and mining.
A LICK AT SPARKS.
Collins introduced C J M No. 2, protest- ;
ing against the abolition of the office of
U. S. Surveyors General in the Territories, i
This memorial sets forth the usefulness of |
the office, the extra expense that would be j
entailed upon both the government and
settlers by its abolition, and closes with a
resolution that our Delegate iu Congress
be requested to use ail honorable means to
prevent the consummation of such dis
astrous legislation.
Collins stated the urgency of the situa
tion. The proposal to abolish tbe office ot
Surveyor General was engrafted in the
sundry civil bill, now before Congress, and
in a few days it might pass. In that
event we would be thrown entirely upon
the tender mercies of Sparks, and he, for
one, had no desire for such a situation. He
thought if tbe Legislature took unanimous
action upon this measure it might be tele
graphed to Washington in time to have
some effect. Hence he moved that the
rules be suspended, the bill read a third
time and placed upon its final passage.
Mot'on carried and memorial passed by |
unanimous vote.
The President signed C B 3, the bill
amending the Probate Practice Act.
The Council went into committee of the j
whole, l'ardee in the chair, to resume con
sideration of bills that came up yesterday, j
C B 6, Thomson's bill on corporations, |
opened the proceedings. A discussion over
the amout of land that corporations should ;
be allowed to own consumed much of the
time. At noon the committe rose and re- i
ported, recommending that C B 6 do not j
pass.
A communication was received from the
House stating that under suspension of the
rules H J R 6 and C J M 2 had passed the
House and were transmitted ; also that as
the Council had refused to recede from all
of its amendments to H B 3 the House re
quested that H B 3 be returned to it for -
turther action : also that the Speaker ot
the House has appointed Messrs. Muth,
Scobey and Thompson as meinbera of the
joint committee to examine the accounts
of the Auditor and Treasurer.
H J R 6 and C J M2 were referred to
the committee on enrollment. Also a
communication from the House relating to
certain bills and notices of bills.
The committtee on printing reported C
B 16 correctly printed. It was placed on j
general orders.
The Council then adjourned until to
morrow at 19 a. m.
HOUSE.
MORNING SESSION.
The House convened at 10 o'clock with a
quorum present. After roll call the regu
lar order of business was proceeded with.
The committee on engrossment reported
H B 26 correctly engrossed.
A resolution was offered by Spaulding j
concerning the death of Mr. Worden, simi- ;
lar to the one introduced in the Council j
yesterday. The resolution was adopted.
BILLS INTRODUCED.
By Harwood, H B 55, a bill to authorize i
the organization and incorporation of 1
building and loan associations. The rules
were suspended and the bill was read a
first and second time by the title and was
referred to the printing committee.
H B 26, concerning registration, was
read for the third time and put upon its
final passage. The bill was passed by a
vote of 13 to 9.
A communication from the Council vvas
received enclosing a communication from
the Governor relative to a committee to
confer with one from Dakota to consult
about the prevention of contagious diseases
among live stock. Also enclosing C J M
6 concerning the same. The rules were
suspended and the resolution was read for
the third time, put on its final passage and
passed unanimously.
C B 20 for an act to amend section 371
of the 5th division of the revised statutes.
The bill was referred to ways and means
committee.
C J M 2 asking that the office of U S
Surveyor General in Montana be not
abolished, was read for the first and second
times. The rules were suspended on
motion of l'age and the memorial put upon
its final passage and passed unanimously.
A committee was appointed by the
Speaker to meet the Council committee
and examine the Auditor's books. The
committee consisted of Muth, Scobey and
Thompson.
The House then went into committee of
tlje whole to consider general orders.
Kanouse in the chair.
II Bs 10, 37, 39, 44 and C B 4 were on
general orders.
H B 10, an act to protect the wages of
wage workers, was first taken up and the
varions amendments made by the Council
were discussed. Those in the first section
were adopted. The amendment concern
ing the second section struck it out alto
gether and was rejected by a unanimous
vote.
II B 37. an act to amend au act entitled
an act limiting the compensation of cer
tain officers, was then considered. The
substitute offered by the committee on
towns î nd counties was read and the
House ordered the committee to recom
mend the passage of the substitute.
The committee then rose.
A communication from the Council was
received enclosing II B 3.
Blake moved that the House insist upon
its nonconcurrence in the Council amend
ments and that a conference be requested.
The motion was carried.
The committee on enrollment reported
that H J m 6 was correctly enrolled.
The Speaker then sigued it. This is
the memorial relating to public surveys.
Toole moved lor a reconsideration of the
vote which passed the registration bill as
it seemed in his opinion to have been
hurriedly passed.
Blake moved that the motion to re
consider be laid upon the table.
The motion to lay upon the table was
lost by a tie vote.
Marshal spoke strongly against the bill
on account of the impossibility of the reg
ulations of the bill being complied with.
The immense extent of the Territory and
the occupations which required so many of
its inhabitants to be far from their regis
tration districts were so common, that it
would be a suicidal policy for them to pass
the bill.
The House then took a recess until 2
o'clock.
AFTERNOON SESSION.
The discussion on H B 26, for registra
tion, was resumed on the question of a
motion to reconsider the vote.
Marshall spoke, advocating the recon
sidering of the bill. He thought such a
measure should be well ventilated. He
bad been unavoidbly absent on one or two
of the occasions when the bill had come
up before, and he wished to hear arguments
upon it. He at present was prepared to
vote against this measure, but if he could
be convinced by argument that the bill
was a rightful one he would vote for it.
Blake spoke in reply. He thought that,
as the gentleman from Missoula (Marshall)
was prepared to vote against the measure,
he needed no more time to make up his
mind. He believed that ample time bad
been given. The bill was taken from the
statute book of Nevada, where it had been
in use for twenty years, and it had given
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satisfaction. He believed it should be al
lowed to remain a law, as far as the house,
which had already passed it, was con
cerned.
Muth followed. He was in favor of the
bill. Two years ago the Democratic Coun
cilman was elected by something like 199
votes. At the last election the Republi
cans lacked some 4,000 votes. This was
not owing, perhaps, so much to a change of
the sentiments of the Montanians, but per
haps to the influx of alien votes. The
railroads employed immense numl>ers of
men, and this immense numl>er was used
sometimes on the Republican and
sometimes on the Democratic
side. The bill seems to be cum
bersome, but this is because
it has provided for every possible con
tingency. It may work some annoyance
but no possible injustice. The County
Commissioners have the right to appoint
registry agents in every precinct where
there may be no justice of the peace. Any
delay is only for the purpose of defeating
the bill and not for a really deserving
delay.
Kanouse said that he was open to argu
ment. He was apprised for the first time
that it was a copy of the Nevada law. He
hoped it would not work as the Nevada
laws seemed to work in some instances.
He feared that both justices of the peace
might reside iu the same election district
and hence each would be an ex-officio regis
tering agent. They might be on different
sides of politics and tie biased by their
political convictions. He did not see that
reconsideration would hurt the frieuds of
the measure and hoped that it would lie
reconsidered. At the proper time be
might have something to say against the
bill.itself.
l'age said he had voted this morning
against the suspension of the rules and the
passing of the bill by reading its title. He
believed that this bill had been well con
sidered. If there was any possibility of
the bill being improved by being recon
sidered he would be heartily in favor of it.
But he did not think it could be. He
believed that the motion to reconsider was
an attempt to defeat the bill. He thought
the bill was purely American and he
favored it. If the bill is not perfect it
need only be endured for two years, as the
next legislature could repeal or amend it.
Mantle thought that Kanouse s objection
amounted to nothing except to take up
time. Every thing that he said might
occur had been provided lor and there was
no possible way iu which fraud could creep
iu unless a man should deliberately per
jure himself before the registry agent, aud
the danger of this was slight. Few men
will deliberately perjure themselves two
or three weeks before election although
there might be found those who would do
it in the heat of the fight on election day
itself.
Blake thought the contingency that
Kanouse formed of there being two regis
try agents in one district was unfounded.
A man could register in one district aud
by complying with the requirements of
the bill vote in another.
Toole said that if the question was be
tween the support of the bill, or no regis
tration bill at all, he would certainly sup
port this bill. But if it were a question of
this bill or what he should think a better
bill, he would of course support the better
bill. He was but one generation removed
from a people who had been struggling
and creeping up to this very privilege. He
thought that the greatest honor was to be
bern an American citizen. The next, to
become one by naturalization. He thought
that the man who would not take the
trouble to register was not worthy of vot
ing. He believed that the measure w as a
good one aud would support it.
Marshal supported Kanouse in his ob
jections, aud cited the City of Helena, with
her tw'o justices as an example. He did
not believe that there was any necessity iu
the Territory of a registration act, yet he
would be willing to join hands with the
House in framing and carrying a registra
tion bill with as lew faults as possible. He
believes that this one had as many faults
as possible.
Kanouse wished to know whether that
if registry agent, 1, îefused a man s name
and agent, 2, put him on, did that nor con
stitute an appeal from our registry agent
to another? while in the bill the District
Court.is known as the adjudicator or all
such questions. This was a contingency
not provided for in the bill.
Holt said that this law would cut ofi
one-thîrd of the voters of Custer county.
It was a stock country, and the men were
on the ranges a great deal. He did not
believe that the inhabitants ol the lerri
tory desired such a law. He knew that
the residents of Custer county did not de
sire it.
Taylor agreed with Holt as far as the
people of Choteau county were concerned :
they can't count on any such aid. We
could only give the rounders and loafers a
chance to register and sell their votes,
while the honest men would lose their
chances by absence.
The motion was then put whether the
bill should be reconsidered, and it was
lost by a tie vote.
The committee on printing reported II
B's 45, 46, and 47 correctly printed. H B
46 was referred to committee on grazing
and stockgrowing, and H B 45 to judiciary
committee. The House then adjourned
until to-morrow morning.
Thirty-first Day--February 9.
COUNCIL.
MORNING SESSION.
The business of the day opened after
convening at 10 o'clock with reports of
committees.
The judiciary committee handed in C B
22, to encourage tree planting, and C B 23,
to punish seduction, and recommended
their passage.
C J M 1, asking an appropriation for the
National l'ark, was reported correctly en
grossed.
C B 25, to provide lor the erection of a
Territorial prison, etc., was reported correct
ly printed.
C B 3, amending the Probate Practice act,
was reported as having been submitted to
the Governor for his approval.
C J R 6, for the appointment of a stock
conference committee with Dakota, and
C J M 2, protesting against the abolition
of the office of Surveyor General, were re
ported correctly enrolled.
Collins by unanimous consent introduced
C J R 7, providing for defraying the ex
pense of telegraphing the joint memorial
on the Surveyor General office question to
our Delegate in Congress. It author
izes the Secretary of the Terri
tory to have the memorial dispached forth
with, and provides for the payment of the
toll out of tae Territorial treasury. Under
a suspension of the rules the resolution
was read three times and passed unani
mously.
On motion of Rickards the vote by which
Council substitute for H B 1, the rape bill,
had passed was reconside r ed to allow the
history of the bill to undergo necessary
correction. The substitute was then
adopted, referred for engrossment and the
clerk instructed to make the proper entries.
A communication announced that the
House persisted in its non-concurrence in
the Council amendments to II B 3, to pre
vent the sale of liquors to the poor, and
that body desired a committee of confer
ence.
On motion the President was authorized
to appoint a committee of two for confer
ence with the lloçse. Sutherlin and Holli
day were appointed.
H B 26, the registration bill, came up
for first reading. Inasmuch as the bill
wa3 quite voluminous and each member

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