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Councilman Hundley will stand by the nominations. As he is wont to remark in his jovial way, "It is all in the family. *fl L c Ijlccltlu ^fjeralil. FISK BROS. - * - Publishers. E. E. FISK,......Editor THURSDAY, FEBRUARY 10,1887. CoUN< ILMEN aie not quite altogether prepared as yet to say that Republicans should he put out of office just because democrats want to be put id. U\ the liquor question we want a law that will give us the choice between high license and local option. Gambling ought to be suppressed altogether, and so ought variety shows, dance houses and obscene literature. _____ The ease and abundance of the snow fall indicates that all the moist, warm winds are passing high above us, and where they come in contact with the un derlying cold winds from the north precip itation takes place. Better than printing the receipts and expenditures, which only shows where the public money has gone when it is beyond ret ail, would be the provision for a county auditor to see that the public money was not paid out except on legal claims. We believe with Colonel Handers that our Legislature has full power to create new counties ; that this is not within the inhibition of Congress. No more in our opinion would it be to amend our city charter, increasing debt and tax limits, H necessary, to secure the necessary water supply. __ The Seuate voted into the sundry civil bill an additional $25,000 for surveys of Northern Pacific lands. The proposition was not inspired by the "aggressive cupid ity" of the N. P. R. R. at all, as Van Wyck seemed to suppose, but was iu the interest of the people of Montana that these lauds might he taxed, and of the government, so that it could maintain action in court lor timber cut upon the public lands. The severity of the cold weather seems to have modeated, but the deep snows will keep the air cold for a long time. It will tike a long aud mighty clifnook to remove ' such a body of snow before the short and scanty grass is accessible to the half fam ished stock. Even the stock men who have shelter and feed are beginning to be anxious and are looking longingly lor a break. __ We apprehend that the $25,ODD increase , to the appropriation for surveys in Montana within the railroad limits is as much prompted by the government authorities ! as by our Delegate to secure taxation of railroad lands. The government has found out that without these surveys there is no chance for it to maintain suit for waste | or cutting timber. Sparks can control the land officers but he cannot control the | courts. _ fatalities than ever before heard of on any railway in this country, occurred at an early hour this morning on the Yer A HOBRIFYINC more accident, attended by mont Central road. Fifty persons are re ported dead, many of them killed out right in the flightful crash of a sixty l'eet pluuge into the chasm, or mangled and helpless perished in the succeeding (lames consuming the wrecked train, l'articulars in Hekai.d's afternoon report. Italy has become involved in a very foolish and costly war with Abyssinia at Massowah. Italy is one of those over taxed countries that ®eeds a reduction of burdens more than it needs foreign posses sions, armies or navies. Especially at such a crisis as this, when a genuine war is im pending, is it the extreme of folly to have on hand a war that promises no possible retures proportionate to its cost aud the in separable divisions aDd distractions at home. ___ There is but a single short month for the present Congress to do its work in, and there is plenty in sight for years even if the two houses co-operated cordially. But there is hardly a hill ot any kind lor any purpose on which the two houses can agree. The measure for the repeal of the land laws stands now just where it was left at the clcse of the last session. The Senate thinks Sparks has more power now than is good for the country, and objects to invest ing him with any more. We see no reason why the Republican majority of the Council should consider themselves under any obligation to prefer the men named by Governor Hauser lor Auditor and Treasurer to those now hold ing those positions. In character and re sposibility, without making any invidious distinctions, they are certainly the equals aud in the matter of experience and effi ciency are certainly superior. And surely Republican members of the Council should not prefer others merely on political grounds. We might as well have a little civil service reform right here and now. If men are to be turned out for being Repub licans, certainly Republicans should not lie parties to such an ouster. OUB Supreme Court yesterday closed its longest and most laltorious session ever held in the Territory. Under great dis advantages of room, conveniences, weather and many other things, the members have individually and collectively labored in cessantly and accomplished a vast amount of work. Before another term comes around we hope the court will have more comfortable and convenient rooms and the advantage of a more complete reference library. It is unreasonable to ask or expect our Supreme Court to do the amount of work devolved upon its mem bers without better facilities and aids to do their work. It is too much like requir ing bricks without straw. THE WATER CASE. The highest legal tribunal of the Ter ritory has pronounced the water ordi nance of the city void as creating a monopoly, as creating a debt beyond the charter limitation and because the contract was made without advertising. An appeal to the Supreme Court of the United States would be unavailing at present, if there was a certainty that it CO uld be reversed, for it would take three years to bring it to a hearing, and we shall have to do to g[ ve our c Jty the power to create a bonded bebt to the full limit allowed by the restrictve act of Congress for this something before that to secure water, or move away. At any rate, if the case is appealed, it must not interfere with our proceeding within the limits of our powers as defined by the court to provide ourselves with water. On a matter of such vital neces sity we can apply to the legislature to give us power to contract for a water supply for a term of twenty years, and special purpose. Or should this be con sidered special legislation prohibited j by Congress, it might be passed in the j form of a general law, granting to all | ! I cities the right to go to the limit of its power under congressional restriction to provide themselves with » necessary wa- ! ter supply. I he Legislature is now m j session, and all the power it can give | will be bestowed without hesitancy. Since the court makes a point of the necessity for advertising, the City Coun cil can advertise at once, both for a sup ply of water and for the construction of water-works. This last could not be done until the Legislature had given us power to create a debt for the purpose, but the advertisement might provide for tliis contingency and reserve the right to reject all bids. We know in a gen eral way what we want, and can only advertise in such a general way. It may bring out propositions that we do not anticipate. If Mr. Woolston, notwithstanding the action of the court, is willing to go on with his water works scheme, he can do su and lay his pipes and the city will be as much at liberty to get water from him ' as from any one else. Under the decision, the city can no more contract with the old companies than with a new one. We believe there is a way through and out of our troubles, by which we can have an ample supply of good water for all purposes. We have written the above as first im pressions and without consultation with others, from whom it will be desirable to hear and with whom to consult. lbe hear and with whom to consult. lbe ^j me 0 f action has come, and the way in | | which this matter is taken hold of and handled will go far to settle the future of our city. Can the Hekald cite but one case where a Democratic Council failed to con firm the appointments of Republican Ex ecutives, and does not that case constitute the Hehai.d's sole grievance? And fur ther was not that case a personal matter with the HEKALD, a member of its staff being the appointee 'l—Independent. Our Democratic neighbor is a compara tive stranger, but little posted on the past political history of Montana, aud on that score excuses may answer a failure to speak by the card. The records both of the Executive office and Legislative Coun cil are indisputable vouchers that dozens of nominations by Republican Governors for Territorial offices were rejected by Democratic Councils. Under the adminis trations ot Ashley aud Potts the nomina tions for Auditor and Treasurer, covering a long list ol reputable names, were reject ed as fast as made. Two Democrats were in place and the Council would not sutler them to be succeeded by Republicans. The Herald attache was but one of many thus dealt with. Goy. Potts, it is remem bered, in a spirit of compromise, tried by political division of these appointments to secure the conset of the Council to suc cessors to Barclay and Rodgers. J. M. Knight, of Virginia City, and Andy O'Con nell, of Helena, were among the Democrats thus nominated and rejected. The con firming power consistently and steadfastly held the incumbents in office, the argu ment being that the appointment of one Democrat was no reason for sacrificing the other. Barclay at last went oat of office under default, and Rodgers' case found final disposition in an action carried to the court of last resort. The Herald is not mistaken in precedents. It is sup posed a Republican Council cannot be made a party to pay the politi cal debts of Democrats. We have opposed the action ot Gov. Hauser in the matter of dealing with Territorial appoint ments, he being on the eve of surrendering office. In Dakota great pressure was brought to induce Gov. Pierce (Republican) to make the appointments for that Terri tory, with the certainty that a Council in political harmony would consent to his selections. Pierce refused to comply, on the ground that he was about to lie suc ceeded by Church, who properly had that right. In the Dakota case the new Gover nor is appointed, but not confirmed,and may be rejected by the Senate. In the Mon tana case Hauser's successor is full fledged and expected any day to report and enter upon his duties. Let the Council proceed with care and caution. The application of a little civil service is in order about now. The smallest of a number of printing jobs, chiefly instigated in the interest of partisan papers hungrily searching for public pap, is one looking to the issuance of the Governor's message in pamphlet form. The Herald and other journals have distributed the document far and wide, free of any and all public cost. It is not unusual to print the message as pro posed, and if freed from the appearance of jobltery by an amendment to Mr. Suther land's resolution, that the printing be let to the lowest bidder, the proposition would be quite unobjectionable. The message is an excellent one and worthy of a pamphlet edition. The President has signed the inter-state commerce bill and it has become a law. There ma? be features of the bill that will require interpretation in court, but there can be no doubt about its general consti tutionality, for it is one of the express powers of Congress, enumerated in section 8 of article 1, "to regulate commerce amoDg the several States," and the Supreme Court has in recent cases held that this regulation is beyond the province and power of the States and must be exercised by Congress. Still there is much that is very indefinite if not ambiguous in the language of the act, as was evident from the various in terpretations given by the members oi Congress who attempted to explain the meaning. It is the most important measure that has passed this Congress. Crude and imperfect though it may he, it is a begin ning and future experience and amendments may be relied upon to correct many of the evils ot which in decisions the public now justly complain. Our - j j | transportation business is as essential to ! the healthy growth of commerce as the I circulation of the blood to the lite and health of the body. To turn everything 1 over to competition and prevent all combi nation and consolidation is to kindle a consuming fever. On the other hand, un restricted combination leads to congestion Tfae - nt t0 make to secure the best re ! !ull „ ,, lo check the „ either diree- , j t 10n . The great point settled by the pas | 8a „ e of the interstate commerce bill is that the public has got to be taken into , . . ,, „r „a partnership in the management ol rail roads. Roads can no longer be operated for the advantage of the directors alone, or the bondholders or stockholders, but for the interest aud convenience of the public as well. The legislative and executive appropri ation bill, as reported to the House, abolishes the office of Surveyor General and transfers all the duties and records to the General Land Commissioner. It seems to be a part of the scheme to prevent any further surveys of the public lands and put more power in the hands of Sparks. If there is no power in the House to pre- J vent this mischief we trust the Senate will see that it is stricken out. It is a measure that could not go through on its own merits and hence it is engrafted into an appropriation bill. It concerns the people of Montana very much. There could be no survey of a mining claim with a view to securing a patent except by Sparks' cou sent, and he would never consent to the survey of anything for fear that somebody would get a secure title. I is a part of a deep laid conspiracy, visible at every turn, to check the development and settlement of the West. Much of the East and more of the South look upon the growth of the West and Northwest with envy, jealousy and fear, and though they dare not avow their purpose it is made evident in every act of the House majority. For two years more we may expect this warfare to go on. It is like damimng the tlow of a mighty river, when its accumulated waters will gain such volume that it will sweep all be fore it. The Northwest can't be put down. Bismarck special : The greatest pres sure is being brought to bear on Gov. Pierce to make the Territorial appoint ments, but so far he has refused. His situation is embarrassing in the extreme, but he feels that, having resigned with the tacit understanding that the new governor should appoint the Territorial officers, he is not justified in doing so himself until the fullest opportunity for action has been had. The conditions in the matter of appoint ments in Dakota are nearly identical with those in Montana. Gov. Pierce is about to surrender office and his successor (Church) is daily expecting to enter upon his duties, awaiting only the action of the Senate upon his appointment. With the daily expected arrival of the incoming governor, the Herald advised the pro priety of the outgoing governor following the course pursued by Pierce in our neigh boring Territory. We well understand the pressure brought to bear upon Governor Hauser, but we still think that he should have resisted those of his Democratic friends urging the payment of political debts, and stood firm and unyielding to his original purpose not to nominate officers whose service tails under the ad ministration of his successor. To be sure the pestering of Governor Hauser now measurably stops. The successful candi dates, having got their names before the Council, are now working every point to persuade that body to b* a party to a purely Democratic transaction. The opinion of such a legal light and authority as Judge Dillon upon the water ordinance, recently decided by our Supreme Court, will be of interest to our city read ers as showing that there was good authori ty for thinking that the case would be differently decided and may yet, if ap pealed to the Supreme Court of the United States. Judge Dillon has made a specialty of and is generally regarded as an authority on municipal law. It may he said that this was a purchased opinion. But in re ply, it is enough to say that an unsound legal opinion could not lie bought from such a man at any price. There is ample ground for honest differences of opinion and the authorities are far from being clear and consistent. The most noticeable point in the opinion is that which holds that the grant of power to levy a three mill tax for fire purposes, besides three mills for general purposes, gives ample authority and basis for the contract contained in the ordinance, and is of more recent d»te and higher authority than the charter clause limiting indebtedness. Rrok. Wylie has most competently and acceptably discharged the duties of Super intendent of Public Instruction. The edu cators of Montana assembled but recently at Butte unanimously spoke for his contin uance in office. We have no word of de traction for Mr. Logan, but in the nomina tion of that gentleman to the Council we suspect that the Governor paid more respect to the demands of the Democrats than to the recommendations of the teach era and instructors of the Territory. DOCTORS DISAGREE The Supreme Court Affirms Judge ! Wade's Decision in the • Water Case. While Junge Bach Dissents and Holds, the Injunction Prematurely Issued. At 3:15 o'clock yesterday afternoon Judge McLeary began to read from the bench the opinion of the Supreme Court in the celebrated water case, or as it ap pears of record the ease of W m. Davenport et al, vs. T. H. Kleinschmidt, Mayor et al. The opinion was elaborately prepared and was so voluminous that its delivery consumed an entire hour. It commenced by declaring Woolston not a party to the appeal and consequently his position could not be considered. The matter lay be tween the plaintiffs and the city council. It then affirmed the right of the plaintiffs - ag taxpayers to maintain the action, that 1 charter that requires that all contracts in , JfflTÄSS, Ä» having been questioned by the defendants. The right of the council to provide the city with water was conceded, as also the general power to make contracts. But the court held that the ordinance creates a monopoly and it was beyond the powers of the council to make such a coutract ; also that it created an indebtedness be yond the limit allowed by the charter ; and that it violated the provision of the In he . i sufficiently disproportionate to the as sessed valuation of the city as to bring it within the limitations of the Congressional restrictive act, passed last July. Ibis is ^ ^ positio n , a ken by Judge Wade jjj 8 dec j s i ou i n the district court that has not been upheld. The opinion like wise sustains the issuance of the injunction and continues the^same in force. Judges Galbraith, McLeary and Bach sat in the case, the two former agreeing in affirming the judgment of the lower court. On the conclusion of the opinion of the court Judge Bach commeuced the delivery of a dissenting opinion, taking another view of the case. Following is a sy nopsis of Judge Bach's views: bach's dissenting opinion. 110t i bach's dissenting opinion. The restraining order in some respects is absolutely useless and should be vacated. The decision of a court that au ordinance or a law is void is a grave and important subject ; it should not be rendered when not necessary ; when made it should be final ; it should be well considered. The ordinance, which, at least in part, is declared null and void, was passed by the legal authorities to provide water for Hel ena. There is no doubt of the benefits it would confer. There is no question ot fraud. My position is that the order of in junction was premature, and I am not to be considered as agreeing with or dissenting from the majority ot the court upon any proposition not thus directly involved. • »The plaintiffs, being tax payers, are directly and personally interested so far as the contract portions of the ordinance are involved, hut I think they are not, proper parties with regard to the license portions of the ordinance, the naked license of lay ing pipes. All the cases I can find hold that distinction. An injunction cannot issue to restrain a fancied injury. There must he some act, definite and impending, before a court of equity can interfere. If Woolston, by lay ing his pipes, injures the plaintiffs they must show some special injury to them selves, or they must sue in theirowu be half and in behalf of the people of Helena. The persons enjoined may be divided into three classes: 1st, Woolston; 2d, the Mayor and Aldermen, and 3d, the Mayor and City Clerk. As to Woolston, he is not a party to the appeal. Second, as to the Mayor and City Council. They have passed the ordinance and no restraining order can affect the passage of the bill. [The opinion then reviews the ordi nance by sections to show that no powers are given the City Council that can be exercised to the detriment of the plain tiffs ] The Judge holds that ' those sections of the ordinance" (the ones relating to the contract) "neither separately nor collec tively could Vie used to enforce any lia bility against the city ; that all that can he said of those sections in that respect is that the city has the right to use the water : and if it did so use the water there would he an implied contract, but not one contained in those* sections, that the city would pay a reasonable value for the water so used." After reviewing the sections in groups the Judge says ' it is apparent that the sections creating the license, granting the franchise, are perfectly independent of all other sections of the ordinance. That Vieing the case, they should not be declared void, because other sections creating the contract, are invalid. ' "Admitting that the sections are separ able, we find the city council doing not only what they had the right to do, but what it was their duty to do. If there was no water furnished to the city, the council should provide the city w ; th water; if there was water furnished, the grant ing of a further license was a benefit to the city ; it instituted a competition, which tends to cheapen water rates ; it took from that former company, if there was such a one, the monopoly which that company has had, a monopnly of which plaintiffs com plain so bitterly as tax-payers. As tax payers the plaintiffs should not complain of a competition which tends to lower wa ter rates They should welcome the de struction of the monopoly held by any for mer water company ; upon that question the former water company is the only one that can have cause to complain, and that company is not a party to this action. "It is clear to me that the order should be modified, at least, so far as the license and all things connected therewith are concerned. * * * If the order of in junction attempts to restrain the council as to the passage of the ordinance, it is too late ; hut if the order, as it does, restrains the council from doing anything which is a prerequisite to the license, then it materially aft'ects those portions of the ordinance, which I claim and which the majority of the court do not deny are valid ; and in that respect at least the order should be modified. "To put the question briefly the statute can be divided.into two parts: one con sisting of those sections which grant the license and control its use ; the other those sections which create the contract. The two parts are not so commingled that they cannot be readily distinguished. This being the case, and there being no illegal ity in the license portion, the sections re ferring to the license should be held valid ; cases already cited. Second. The Mayor individually, the Council composed of the Mayor and Aider men, and the City Clerk, are restrained from doing certain acts, which they mast perform before the city can have the benefit from this valid license ; these acts are for the Iienefit of the city and in no way relate to the contract. Therefore the injunction should be mod ified in that respect at least. I am there fore of the opinion that the judgment of the court below, overruling the motion to dissolve the temporary injonction, should be reversed. HELENA WATER CASE. An Opinion Applying Thereto by Jonn F. Dillon, Ex-U. S. Dis trict Judge. The Ordinance Valid,andJNot in Con flict with the Act of Congress of July 30th, 1886. The Power of the City Council to Provide the City with Water, Etc., Un doubted. A Paper of Great Interest to Our People. The following opinion of the eminent jurist, John F. Dillon, affirming the legality of the Helena water works ordinance, is of special interest to our people at a time when decisions of our District and Supreme Courtsfcre rendered to the contrary. The opinion being of moderate length, the Her ald finds space for its publication, iu an swer to the expressed wishes of many read ers : THE OPINION. New York, January 5th, 1887. Geo. F. Woolston, Esq : —You have laid before me the charter and ordinances of the City of Helena ; also the ordinance of that city approved on the22d day of November, i 1886, entitled "An oidinaDce to provide the city with water for fire, sewerage and other purposes;" with a request that 1 should examine the same in connection with the laws of Congress applicable to the Terri tory, and give you my professional opiniou on the following questions: 1st. Does the said ordinance grant to Woolston special privileges within the meaning of the act of Congress of July 30, 1886, amending section 1880 of the Re vised Statutes of the United States, and enacting that "the legislative assemblies of the several Territories shall not grant pri vate charters, or special privileges , but may, by general incorporation acts, permit per sons to associate themselves together as bodies corporate for mining aud variens specific purposes ? 2d. Whether the ordinance in question creates an illegal monopoly ? 3d. Whether it creates an indebtedness or liability in conflict with the charter pro visions of the city, or of the provisions of section 4 of the said act of Congress of July ; 30, 1886, to the effect "that no political or municipal corporation, county, or other subdivision of any Teriitory of the United States, shall ever become indebted in any maimer for any purpose, to any amount, in the aggregate (including existing indebted ness) exceeding 4 per centum ot the value of the taxable property within such cor poration, to be ascertained by the last as sessment for Territorial and county taxes, previous to the incurring of such indebted ness; and all bonds and obligations in ex cess of such amount given by such corpor ation will he void "? 4th. Whether said ordinance is a con tract within section 13, of article 7, of the city charter, which could only be lawfully let'to the lowest bidder after'previous ad vertisement as required by that section ? The first and second questions may lie answered together. The charter of the city contains express power to the City Council to "provide the city with water, erect hydrants and pumps, build cisterns and wells in the streets for the supply of engines and buckets"; also express power to provide for the prevention and extinguishment of fires; also power to establish a fire department; power to levy a id collect a special tax each year of three mills upon the assessed values of all properties within the city for fire department purposes. The general power, therefore, of the City Council to pass an ordinance to provide the city with water for lire, sewerage and other purposes, cannot, and probably will not, be questioned. Iu no sense is the ordinance in question within the prohibition of sec tion 5 of the act of July 30, 1886, forbid ding the Legislative Assembly of the Territory from granting private charters or special privileges ; this „for the reasons fol lowing : 1st. This charter is not a grant from the Legislative Assembly, aud therefore not within the terms or meaning of that act ; but it is an ordinary municipal ordi nance with the same general legal charac ter of the ordinances which are constantly being passed. 2nd. This ordinance does not by its terms grant or purport to graut any exclusive privilege to Woolston and his associates, but on the contrary, expressly provides that nothing therein contained shall give to him or them the exclusive right of occupying the streets, or conveying, distributing and selling water throughout the city. 1 am informed that there were at least two water companies in the city at the time of the passage of this ordinance, so that, in any event, the right of Woolston could not be exclusive, and even if there were no other existing companies in the city, the reservation here is ample to allow the city, at any time, to grant the use of its streets to any other water compauy, and agree, so far as the needs of the city might require, to take water from it. 3rd. The foregoing conclusions are distinctly supported by the judgment ot the Court ot Appeals of New York in the case of the Union Ferry company, 98 N. Y. 139. The constitution of New York prohibits the legislature from passing any private or local bill granting to any private corpora tion, association or individual any sx elusive privileges, imniUDiry or franchise wuatever. Art. 3, sec. 18. In this case the court had to de termine what was au exclusive privilege, immunity or franchise, and it was decided (see page 150) that a special grant or a grant in a special act to a given corpora tion is not exclusive unless it excludes all others from the exercise or enjoyment of like privileges or franchises, and is not exclusive merely because the same power is not possessed by other corporations so long as there is nothing to prevent the granting of such power to other corpora t ons. The next question is whether the ordi nance reterred to creates a debt or liability in conflict with the charter and the limita tions of the 4th section of the act of Con gress of July 30, 1886, limiting municipal indebtedness to an amount not exceeding 4 per centum of the taxable values of the corporation. The city charter, as amended November 2, 1883, contains this provision : "The city council shall not he authorized to incur any indebtedness on behalf of the said city for any purpose whatever, to exceed the sum of $20,000." Subsequent provisions in the same amendment authorized the city to fund the existing debt, with a provision as follows: "That the aggregate amount ot said (funding) bonds, and all indebtedness and liability of the city for any and all purposes shall not at any time exceed $20, 000." On March 12th, 1885, the Legis lature amended the charter of the city, materially enlarging its powers and ex pressly authorizing it "to levy and collect three mills per annum upon the assessed values of all the taxable property within the city for general purposes, and not ex ceeding three mills per annum for lire de partment purposes,'' in addition to the street taxes authorized by an act of 1883. I | Undoubtedly this last act of March 12, 1885, was passed in view of the increased and increasing size and wants of the city ; and on well known and accepted principles of construction, all the provisions of this act must stand, and must have effect even it they interfere with the provisions ot prior acts. The ordinance in question contains thirty-two sections. The section relating to the use of water by the city and pay ment therefor, is the 25th, the substance of the provisions of which is that the city shall pay each month for the water used for the preceding month for sewerage aud fire purposes. Now, it is too plain for discussion that this creates no debt or obligation in the nature of a debt in presenti ; no indebted ness or even liability on the part of the city to pay for the water arises until the hydrants have been supplied aud the water furnished to them for a given month. If it be conceded for the argument, that $20,000 is the maximum cf the in debtedness which the city can at time incur, vet hearing in mind any ____ ______, . that by the latter act of March 12, 1885, the city is authorized to levy and collect three mills expressly for tire de partment purposes —irrespective of the fact whether the city has reached the maxi mum limit of its authorized indebtedness or not—it is my opinion that the city may rightfully levy and collect the three mill tax for general purposes and the three mill tax for tire department purposes, and apply the proceeds ot such tax then in its treasury to the payment for water under this ordinance, for the preceding month's supply to the city for sewerage and tire purposes, and this without any violation of any provisions of the charter, or of sec tion 4 of the act of Congress of July 30, 1886. In short, the provisions of the char ter, whatever may be their true construc tion as to the limit of indebtedness, and the provisions of the later act of March 12, 1885, can and could stand. The authority to levy and collect the three mill tax for general purposes and the three mill tax for fire department pur poses is, in my opinion, unquestionable. Whatever else may be doubtful in this case, this is not. It is competent to the city to use the fund thus raised by the authority of the Legislature for the pur poses specified. This rate on the taxable values of the city will yield a sum iu ex cess of any amount which, in auy event, will be required under this ordinance, and so. if used to pay for the supply of such water under this ordinance it cannot be rigthfully held to be the creation of a debt in contravention of the limitation of the charter or of section 4 of the act of July 30, 1886. The remaining question is whether the The remaining question is whether the city was disabled from passing the ordi-' nance without previous advertisement for bids and awarding the same to the lowest responsible bidder. In my opinion that provision of the charter has no relerence to an ordinance of this nature. The pro visions are impracticable to a plan for sup plying a city with water through a sys tem of water works, involving the use of the streets and hydrants. In conclusion I may add that you state that the learned Judge who heard the case originally, granted and afterwards refused to dissolve a temporary injunction, and that the matter comes up on an appeal shortly for argument before the full bench. I think the appellate court will reach the conclusion that in any event it would be unjustifiable to use the process of in junction to stay the execution of this ordi nance. The City Council had the unques tionable right to grant the authority to Woolston and others to lay down mains for the purpose of supplying the inhabitants aud the city with water. If it should he conceded that the finan cial situation of the city at the time of the completion of these works would be such that they could not pay for the water used for sewerage and lire purposes, that would a be no reason for arresting the construction : of the works under this ordinance. It will be time enough to issue an injunction to prevent the city from paying for water when it has been furnished, and the Coun cil threatening to do it. I cannot well con ceive of a more improvident and unau thorized use of the process of injunction than to issue it in limine, for the purpose ot preventing the execution of what the legal authorities of the city have determined to be necessarv work of public importance. (Signed) JOHN F. DILLON. Growing Warm iu the North. [specials to the herald.] Fort Assinaboine, Feb. 4.—This morn ing the prospect for achange in the weather is indeed flattering, at least when com pared with what we have endured the last few days. The temperature nosv (noon) is sixteen degrees below zero and rising rap idly. The barometer has been falling all morning, and the wind now comes from the southwest. Fort Benton, February 4 —The weather is moderating. The thermometer now (at noon) shows only 14° below zero and it is cloudy and clear. Large losses are reported among stock' Owners, however, do not calculate on more than 25 per cent. loss. apportioning firewood. The Grand Union Hotel aud almost all the business houses are closed on account of the scarcity of fuel. What little is left is being distributed around the city in small quantities. a driver's feet frozen. Fort Shaw, February 4.—A heavy snow storm has prevailed since yesterday morn ing. The beautiful is still falling, with little prospect of a let up. The lowest temperature last night was 30° below zero. It is now 14° below. The driver of the Augusta stage, who came in last night three days overdue, had ltoth feet frozen during the trip. He re ports very deep snow in that section. The stock outlook is gloomy, but no definite accounts of losses are available. Tuesday's coach from Helena arrived last night. Coal Banks, February 4.—A heavy snow storm prevails here at this hour (11:30 a. m.) Three inches fell since five o'clock this morning. The cowboys, working for the Shonkin Cattle Association, were ordered to return home, as it is impossible to ride over the range any longer. Cattle mast be left to their fate. Many are dying. The reported decision of the Supreme Court of Washington Territory that the woman suffrage law is unconstitutional will prove a surprise and need fuller ad vices to understand it. If the proper term has been used in the dispatches, it can only be construed that the law is in con flict with the constitution of the United States, for the Territory has no constitu tion. If unconstitntional in Washington, it is in Wyoming, where it has existed for many years. We do not know that the question has ever gone to the Supreme Court of the United States. The decision, if it stands, is likely to invalidate the titles of many of the Washington officials. For our part, we have been anxious to see the experiment of woman suffrage thor oughly tried under favorable circum stances. We have always belived that it would come some time, and that the hard est work would be to get the women gen erally to accept it, rather than to get the men to concede it, OBJECTIONABLE LEGISLATION I> u Some rrominent Points Pending measures. Whitehall, Mont., February 1, 1887. To the Editor of the Herald In looking over the proceedings of the present legislative assembly I notice that the so-called gag law is troubling some of the members, who pretend to be the laboring man's friends. Now Mr. Editor, this law has been in force for seven years and not one of these gentlemen or anyone else can truthfully say that this law has iu any way damaged, harmed or disgraced any laboring man or any other law-abid ing citizen. One member makes the state ment that the law is so odious that neither the Republican or Democratic party will admit that they are the author of it. Neither party have the right to that hon or. The fact is the bill was prepared by as good and as able a Republican as there is in Montana and was supported by Re publicans alike in the interest of the in dustrious laborer, whose rights it protects against oppression. As no good citizen can be damaged by the enforcement of this law, then let it stand as a warning to evil d lers. I have also noticed, Mr: Editor, that our joint Representative with the county of Lewis and Clarke has introduced a bill to repeal the present law, which makes it the duty of the assessor to collect a poor tax of two dollars from each male citizen over the age of twenty-one years, and under forty five, who does not pay an ad valorem or property tax. Now I would like to see two amendments to that bill • 1st, change the title of the bill to read thus: "A bill for the more liberal patronage of saloons and gambling dens by the improvident laboring men of Montaua. Is it not true that a majority of this class spend their money in drink and gambling, hence it follows that they owu no property to pay taxon? And yet they are the very ones who receive the benefit of this poor tax For the second amendment I would add this section: "That trim and after the passage of this bill uo one shall he entitled to a vote at any election iu this Territory who does not pay a property tax, or cannot produce a receipt, showing that he has paid two dollars poor tax tor the year in which he proposes to vote." Disfranchise this class and you will have but few votes for sale or barter for drinks. There is nothing truer, Mr. Editor, than that those who contribute nothing to the support ot the government, take bat little or no in terest iu its welfare. The respective coun ties represented by Armstrong, Marshall and Mantle have cause to be proud of them. Respectfully, New* pa per E. G. BROOKE. Notes. Ooe of the most notable monuments of Northwestern newspaper enterprise is of Northwestern newspaper enterprise the new building just erected by the St. Paul Daily Globe. It is a ten story, fire proof block, erected ou a corner lot oppo site the court bouse, and is a niodei piece of architecture. The Globe ofiices occupy a considerable portion of the main moth edifice. The Herald has received a handsome colored print of the Globe build ing, which is made the subject of admir ing comment by all visitors to our count ing room. With the compliments of Joseph Pulitzer comes the 1887 almanac of the New ^ork World, a convenient and valuable book of reference. Besides its tabulated intorma tion it contains an interesting history of the phenomenal progress of the World under its present mauagemeut. ♦ Of all the illustrated papers to which the St. Paul ice carnival has given birth the carnival number of the St. Pa ' Dis patch, recently issued, is the most elaborate and excellent we have seen. It was the editor of the Dispatch that first suggested an ice palace lor St. Paul, and the thou sands who have derived pleasure and amusement from the two winter carnivals already held in that city have him to thank for originating and coaching the project. The late carnival shows that the Dispatch and its editor still take a lively iterest in these festivities. One of the curiosities of the Heralds exchange table is the Gold Fields Dines, a semi-weekly newspaper published at Bar berton, in the De Kaap gold fields ol the South African Republic. it is a large sheet with numerous advertisements, and its news colums contain matters of interest to those Rocky Mountain readers, who take pleasure in uoting how the world wags in such a far off land. IMMENSE ICE GORGE. Great Destruction of Property Feared Belvidere, N. J., February 3. —Intelli gence here of tlie formation of an immense ice gorge in the Delaware river near Shaw nee, Pa., above the Delaware water gap The ice is piled up the height of fifty feet and the water has been forced out of its natural channel and has overflowed the low lands. Dwelling houses are nearly submerged. Should there be a sudden thaw the destruction to property through out the valley would be appalling. Holding the Horses. St. Petersburg. February 2.— The gov- ernment has forbidden the exportation ot horses from Russia. - » — It comes pretty straight from official sources that Mtnniug and Jordan will both soon retire from the Treasury Department to go into banking. The provoking aud prevailing cause is evident enough iu the fact that there is an irréconciliable difier ence between the financial policy that the Secretary approves and insists on carrying out, anti that which is acceptable to the House majority, and generally it may be said, that which is popular at the \\ est and South. The Secretary, in his last re port, made an extraordinary tftort to con vince the country and convert the Con gressional opposition, as the result proved with no perceptible effect. Sil ver stands stronger to-day than it has for years. With the prospect of a general European war, gold and silver both would soon be used up and disappear Iront general circulation in every country on the continent. There is not enough coin to keep up with the vast expenditures that modern warfare involve. A continental war that should continue tor even two years would transfer most ot the gold and silver to this country in purchase ot sup plies, and when the nations that survived and emerged victorious Iront the conflict ot arms undertook to reorji anize their finance*, they would only be too glad to recognize onr standard of value in silver, lo meas ure our wealth and European debts would require unlimited coinage ot both gold and silver. It is more likely that the weight of gold would be reduced than that the valuation of silver should be changed, ex cept relatively and in this way.