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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, September 01, 1887, Image 2

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Gov. Leslie's State Paper Ad
dressed to the Legisla
ture To-day.
Important Questions and Subjects
for Consideration and Action
Revision of the Revenue and Other
Suggestions and Recommendations of
the Executive.
To the Legislative Assembly of the Territory
of Montana :
You have been called together at the
capital of the Territory to hold an extia
ordinary session, with the consent and ap
proval of the President of the United
States; and 1 now proceed in a brief way
to submit for your consideration some of
the questions aud subjects which appear to
call for legislative action. All tree people
are jealous and unresttul under the exer
cise of any doubtful authority, or question
able power over their property, and while
all good citizens willingly submit and
cheerfully hear all lawful burdens imposed
by their government ; still they scrutinize
caretully, aud inquire for the authority of
everv agent who assumes to have a license
to demand of them their money in the
shape of taxe«, or to otherwise interfere
with their proprerty in the name of the
State, lienee all the statute laws of the
government should be clear, direct, and
without ambiguity or doubtful construc
tion ; otherwise confusion, strife and delay
hedge up the pathway of official duty, and
tend to tfte detriment of the public in
The law which was passed by your hon
orable body last March, "Relating to as
sessment aud levy of taxes, 1 ' does not, as I
construe its terms, take ellect and go into
operation until December 1st, 1887, at
which time all of chapter 53. of the tilth
division of the Devised Statutes of Mon
tana, relating to ltveuues, and all acts
amendatory thereof, are to stand repealed,
and this act of last March becomes a sub
stitute for said repealed statutes. This
law which taken effect next December
creates an ugtn y lor sundry important
purposes, to-wit: First, it is to be the
assessor for taxable purposes to the Terri
tory and counties "ol all ike property in
this Territory belonging to railway corpor
ations," except certain specified parcels
named in the law. Secondly, it
is made the duty of said agency
to levy the tax for Territorial
purposes upon all the property in the Ter
ntoiy ; and, third, this agency is to "ex
amine and compare the returns of the as
sessment of the property in the several
counties ol the Territory, and to equalize
the same, so that all the assessable prop
erty in the Territory shall be assessed at
Us true and full value." It will thus be
seen that this agency is virtually the as
sessor of all the taxable property in the
Territory, both for Territorial and county
taxation, aud it fixes and levies the taxes
to be collected for Territorial purposes.
This agency, called in the law "The Ter
ritorial Board of Equalization," will con
sist ot the Governor, the Auditor and the
Attorney General of the Territory, and one
qualified elector, whoshallbe a tree-holder,
from each judicial district of the Territory,
to be appointed by the Governor, with the
advice and consent of the Council." The
duties assigned to tbis board are specific as
to subject matter, and time and place. No
taxes cau be collected to carry on the Ter
ritorial government until this board as
sesses the property, and levies the tax
thereon. Neither can any taxes be col
lected tor county purposes till thi3 board
examines and approves the returns of
county assessors. Wherefore it is a matter
of the greatest moment that whoever shall
assume to act as the "Territorial Board ol
Equalization" shall have unquestioned
power aud authority to do so. There is no
such officer in the Territory as "attorney
general," and the board cannot organize
and proceed to business without that law
officer as a member. The law does provide
that the Governor may fill vacancies that
may occur in the board; but certainly he
could not appoint an attorney general in
the absence of a law creating the office,
and, besides, there is nojprovision in the
law that a majority of the members can
act as the board, or any suggestion in the
law as to what step cau be taken iu ca3C ol
any unavoidable absence of members,result
ing in less than a majority in attendance
at the time fixed by law for the meeting,
and execution of the trust so confided to
the board. If a majority of the members
of the lioard cannot act lor the tnure seven
members, or of there can be no organiza
tion of the board without the Attorney
General, then there can be no assessment,
levy or collection of taxes in this Territory
alter the first of December next without
an amendment curing these omissions in
the law. At any rate the questions are of
such grave import and connected as they
are with such vital interests of the people,
and fraught with iuch danger to the public
peace, that I commend the subject to jour
lavorable consideration, aud ask that you
make such amendments as will free the
law of all doubt and confusion.
I also call your attention to some other
parts of this revenue law. Section 101, it
will be seen, imposes upon a public office—
the county clerk—the duty of becoming
the insurer and guarantor to every vendee
in the conveyance of land offered lor record
in his office I hat all previous taxes have
been paid thereon ; not only so, but he is
also made to become the counsellor and
adviser, and to decide for such vendee that
the land is clear of all incumbrauce on ac
count of taxes prior to that time, before
he is allowed to put such conveyance on
record ; and if he fails in these official
duties he is to be fined from one hundred
to ODe theusaud dollars, aud must pay all
damages resulting from his mistake. I
suggest that this is a fearfully harsh exac
tion to impose upon a public officer, and I
recommend that it be so amended as to
leave the law as it has always been, when
every man may examine for himself the
sufficiency of the title to property he is
about to buy. and make his own selection
of counsel, should he need any.]
It seems from section 36 that it is the
duty of the County Treasurer, when laud
has to be sold on account of unpaid taxes,
to sell the entire tract cf land, and all it
produces in excess of the taxes aud costs
lie is to pay over to the owner. I recom
mend such modification of the section that
he shall sell only so much of the land as
will be sufficient to pay the taxes and
charges therei n.
Upon reiuspection ot section 20 of this
act, I am satisfied it will be seen there is a
great amouut of labor imposed upon the
clerk which cau be of very little practical
good to the public. It provides that he
shall make out iu the real property assess
ment book complete lists of all lauds or lots
subject to taxation, showing the names of
the owners, if to him known, and if un
known, so state opposite to each tract or
lot ; the number of acres, aud the lots or
parts of lots or blocks included in each de
scription of property, and for the purpose of
accuracy and completeness, he shall com
pare said lists with the maps and plats in
his office. In the case of desert land claims
and mineral entries located upon nnsur
veyed lands, and upon which final proof
has been made, it shall be considered as
good and valid description when listed on
the roll by the numbers given and used
describing the same in the Land Office
where said entry was made; said books
and blanks shall be delivered to the
Assessor by the County Clerk on or before
the 1st day of January, with such iustruc
I tions from the County Board as to insure
full and uniform assessments aud returns.
I submit that, if in your wisdom it is
deemed necessary for the public good that
ihis work and these duties shall be per
formed by the clerk as enjoined by this
section, then a full, sufficient number of
deputies ought to be supplied by law to the
clerk, with the measure of just and lair
compensation, to enable him to comply
with the law in this regard ; for it is most
certain that no one man, with a single
j deputy to help him, can comply with this
I demand of the statute.
In section 62 the time given to the Clerk
; within which to do and perform certain
I important duties therein prescribed, is
j manifestly insufficient, and yet heavy
j penalties are attached to any failure on his
! part to comply within the time designated
; in the act. The public interest will sure
! ly be as well subserved in extending the
i time and accuracy will more certainly he
assured ; and I recommend accordingly.
There are yet other provisions and parts
of this new revenue law which might well
be explained and improved, but those to
which I have invited your attention are
the principal ones now most demanding
your action
The new license law, which took effect
the first of July last, forbids aud disallows
any person the privelege of setting up and
carrying on certain descriptions of gaming
within the cities, towns and villages of the
Territory where the population is above
three hundred, until a license is obtained
for such privilege ; aud the same inhi
bition applies to cities, towns and villages
where the population is less than three
hundred, but in this class the license fee is
less, and all other places and parts of the
Territory where the number of persons
assembled together or temporarily residing
near each other be great or small are ex
empt from the provisions of this law. It
occurs to me that if the privilege of
gaming in cities, towns and villages should
pay a tax, the same privilege exercised
among men engaged iu mining, or in con
structing railroads, or iu the midst of the
multitude assembled at the Fair ground,
or upon the race field, or at any other
place, should pay the same, or a
proportionate license; or if an enter
prising person engaged iu that line of
thrift shall conclude to set up and prose
cute a business of that kind just a little
outside of a city, town or village, he, too,
ought to pay as much as his competing
gambler on the inside. There was an act
passed on the 9th of March last which
makes i t a felony and fixe? the punishment of
service in the penitentiary, for carrying on
or engaging in certain descriptions of games
withm this Territory, to-wit : "Three card
monte," "strap game," "thimble rig,"
"patent safe game," black and red game,"
(commonly known as the tendice game)
"percentage," "stud horse poker," "percent
age draw poker," "twenty-one," "high
ball," "blue Jay," "chack luck," "short
faro." or any "dice game" ; while the act
passed and approved the next day, com
monly called the license law, forbids that
any person shall engage iu these games in
cities, towns or villages, until a license is
obtained for such privilege. Whatever of
seeming conflict there may be in these two
enactments should be remedied by an
amendment. The amount of revenue be
ing derived from licenses for the privilege
of gambling is very many thousands of
dollars less than heretofore, and yet it is
assert, d and believed that there is no dimi
nution in any class of gaming heretofore
common iu this Territory. If it is the
purpose of the legislature to curtail or put
a stop to that class of gaming itemized in
the said act of the 9;h of March, and to
disallow other sorts or names of gambling
except upon a license, then, to accomplish
these ends, some law cught to be passed
providing more certainty for the enforce
ment of the laws against those who violate
and disregard their commands.
It will be seen by an inspection of this
license law that while liquor dealers are
required to pay for and get a license to sell
in quantities above aud in quantities less
than one gallon, there is no law requiring
a license to sell an even gallon. 'Ibis, of
course, was an oversight iu the dralisman
of the act, and can be easily remedied.
This license law very wisely and very
justly imposed a tax on peddlers and upon
commercial travelers aud drummers, as
they are failed, for the privilege of prose
cuting their business aud calling in this
Territory ; and this law very properly ap
plies to all persons, whether they be citi
zens of Montana, or of other Territories or
States. But since the adjournment of the
Legislature in March last, one Judge, if
not more, in this Territory has decided
that under the ruliDgs of the Supreme
Court of the United States all commercial
travelers and drummers residing outside of
the Territory of Montana have the right to
come into our bounds, and carry on and
prosecute their business of drumming, and
selling by sample, without paying for or
procuring a license to do so from the
authorities of this government; and that
therefore the laws of this Territory in that
regard cannot and must not be enforced
against such non residents; and I suppose
the same ruling will apply to non-resident
peddlers doiug business on the soil of Mon
tana, and to non-resident lawyers, physi
cians, assayists, etc. It results then that
now, and ever since that decision was
made, the citizens of Montana who live
here aud pay theiwtaxes, aud are ready to
perform every act of good citizenship, and
to make any sacrifice lor the good of their
government, are compelled to pay for aud
get a license to sell by sample, to peddle,
or to act the commercial traveler; while
all the merchants in the Slates and other
Territories have the right to seed in their
drummers, aud sell their goods by sample,
or to peddle out their goods amongst oar
people, without paying one cent of tax
in any way for the support of this govern
ment, and thus the position is taken in
support of discrimination in favor of the
non-resident and against our own people.
I do not concur in the understanding that
the supreme court of the United States has
ever had this precise question uuder ad
visement, and rendered the decision claimed;
and while 1 do most respectfully acquiesce
in the decisions of our courts touching the
enforcement of the law, yet I believe that
our law is constitutional, and eminetly
just, and would have the Territory of Mon
taua take the question direct to the su
preme court of the United States for inves
tigation and decision; and in the mean
time, and by all means, I ask that you
amend this law so as to give our own peo
ple au equal chance with those outside,
who have no interest in Montana except to j
hasten in and get all the good trade they j
can and then retire.
1 deem it my duty to call attention to
the practical workings of the act passed by
your honorable body,and approved on the
5'h day of March last, commonly called
the "bounty law." It is no new experi
ment in Montana to have a bounty law.
There have been such laws on the statute
books ever since the 15th of February,
1879, and very many of the States, if not
all of them, have had, and some of them
now have, similar laws as a means of relief
from the ravages of hostile animals that
forage upon the buddings of civilization,
and such laws, carefully prepared and
guarded, have always found favor with the
people. The first law upon this subject in
Montana vested in the county commis
sioners of each county the power to offer
and cause to be paid out of the couDty
treasury such bounty as in their discretion
ought to be paid for killing or destroying
certain vicious wild animals. Whether any
commissioners ever did deem it necessary,
and levied such tax upon the people of
their county under the law vesting them
with such authority, I am not advised;
but on the 8th of March, 1883, the law was
amended, and a very inviting bounty was
offered and made payable out of the treas
ury of the Territory—eight dollars for
each bear, eight dollars for each mountain
lion, one dollar for each wolf and filty
cents for each coyote. Under this law
there was paid :
For the year 1883.................................... SI,"12 50
*• " " 1881.................................... 11,710 50
** " " 1885.................................... 11,837 50
" •* " 1886.................................... 13,761 00
£39,051 50
The present law reduced the bounty
upon bears aud lions to the sum of three
dollars for each bear, three dollars for each
lion, and increased to two dollars for each
wolf, and one dollar for each coyote, and
also increased the list of animals on which
the Territory should pay a bounty, to wit :
Ten cents for each prairie dog, and five
cents for each ground squirrel. The war
rants which the Auditor has issued under
authority of the bounty law since the first
of January, 1887, amount as follows :
For the month of January..................... J621 00
" " " " February.................... 166 50
" " Maron ........................ 601 00
" ** " April.......................... 3.0.35 10
" - " May........................... 5.270 10
•..... " June........................... 11,007 30
" " " " July........................... 12,296 10
First 23 days of August.......................... 11,711 85
Of this $48,012.55, $41,060.05 was for
ground squirrels and prairie dogs. Thus it
is seen that the bounties paid out for the
first four years after the public treasury
was legislated into this liability, amounted
to $39,054.54; while tor the first seven
months and twenty-three days of this year
the amount is $48,012 55, and of that
amount $41,060.05 is for squirrels and prai
rie dogs, lor which warrants were issued
upon the treasury between the 1st of April
! aud the '23d of August inclusive. I have
procured from the Auditor a tabulated
j statement showing the proportion to each
county in the Territory of these large gifts
from the public treasury, and the same is
attached to aud made a part of this mes
It is due to you and your constituency
that this subject be presented and its
i avarice for the people's money fully
shown. Amongst the estimated charges
upon the public treasury for the year 1887,
made out and reported by the Auditor in
his annual report to the Legislature last
January, this item—bounty for killing
animals—was.set down at $14,000, whereas
it amounts now, before the fiist eight
months have passed away, to almost four
times his estimate, aud the volume of
draft, as the calls through the month of
August show, is not in any sense decreas
ing. Already (ar.d for several weeks gone)
every dollar in the treasury has been paid
out and the Territory is now going ia debt
every day for killing squirrels, prairie dogs,
wolves, etc., and interest is accumulating
upon that indebtedness. The enormous
demands under this law upon the public
treasury have awakened suspicion, and
prompted careful scrutiny of its entire
framework, provisions, etc., and it is seen
that the pathway to the treasury from the
killing of the auirnal at his home in the
mountain is easily found, is full of temp
tations, and very dangerous to the pockets
of the people. lathe whole body of the
law and in all its parts there is a careless
looseness and utter absence of any safe
guards against fraud, false swearing, per
jury. bribery, cheat or imposition, or of
provisions to punish either of those crimes
committed iu the vicious use of the law.
The very officer whose certificate is made
to nnbolt the doors of the treasury is made
to be interested on the side of the appli
cant and against the Territory. He is not
required to make or keep a record of the
transaction, or even to file away and pre
serve the affidavit of the applicant. The
law shows the facts that the affidavit must
contain, aud, of course, it is attempted in
every instance to have the affidavit
conform to the law ; but all that
is required is the naked state
ment of the applicant, and just what he
says as to when they were killed, iu what
county, in what Territory, and whether
outside of a reservation or park, is to be
taken as true. The law dees provide that
he must have two witnesses, who shall
make affidavit that they believe what he says
to be true. The applicant may be a person
of good character, or the vilest and most
unworthy, and yet if he comes with his
two believing witnesses, the officer may pro
ceed to count and certify accordingly. The
law makes the certificate of this district
officer a voucher to be honored by the
treasury of the Territory upou presentation,
and whatever doubt or suspicion there may
be of its genuineness, there is no provision
for investigation or delay, or for other ac
tion to be taken in order to detect the
overreaching avarice of the unscrupulous
I recommend that, if this law, or any
thing of its kind is to be continued, that
you carefully digest and recast its struc
ture, and place about it such guards and
restrictions as will more efl'cctually save
the Territory irom fraud and peculation
through its liberal offerings ; provide suit
able punishment for every crime committed
iu seeking to obtain the munificence of this
Moreover, if it is your sense of justice
and fairness to the tax payers of the Terri
tory that this law shall continue with all
its exhausting force upon the public treas
ury, then the necessity is upon you, and
you should at this extra session pass a law
whereby money enough beyond the pres
ent resources will come into the treasury
to pay its demands. The ordinary expen
ses necessary to carry on the government,
and the cost of caring for the insane, sup
porting criminals, and the cost of their
prosecution, are burdens upon the treasury
which must be met; and just in this con
nection it may be stated that the cost of
taking care of the adjudged insane, and
for prosecuting and supporting the crimi
nals, is swelling at a most rapid rate every
month. There is no question in my mind
but the insane of tbis Territory are, nnder
our presesent system of care for them, be
ing humanely and well nursed and cared
for; hut the cost is enormous and exces
sively high. I recommend that you formu
late a bill, and pass it, making provision
fir purchase of suitable grounds, and the
erection of buildings thereon, properly
adapted to the purposes of an asylum, and
far the reception aud care therein of that
unfortunate class of our fellow beings.
There is nothiug in all the charms of
American civilization more noble, and that
shines as a brighter star, than the lavish
hand with which States, cities, towns and
communities all over the country, teeming
with its millions ot people, have given
money, erected buildings, supplied com
forts, and purchased the very highest order
of medical skill and nursing for those, our
suffering brothers and sisters. Montana's
people are not free from this malady. We
have in our midst the same sad garments
of distress enshrouding many families, and
the number is increasing at an alarming
rate. Duty to them and duty to ourselves,
and to the government we have and intend
to preserve, and the soundest economy as
well, demand that yon shall inaugurate
this great benefaction and provide for its
pushing forward to completion. I shall
most cheerfully co-operate with you in this
and every other legislation which shall be
in the authority and not in violation of the
organic act of Congress creating this gov
Since the adjournment of the legislature
last March two most foul aud murderous
attempts have been made to derail and
wreck running trains of railroad cars within
this Term tory , and each train was at the ti me
carrying large numbers of human beings.
These attempts to thus destroy property,
and rob and destroy human life, is wicked
ness aud crime of the very darkest type
and marks the perpetrator as a public
enemy. Fortunately, and most miracu
lously, both of these attempts failed of their
design, but the intent to murder aud de
stroy property moved and prompted the
act. It is a remarkable fact that there is
no statute law of this Territory denounc
ing such conduct and fixing a punishment
for attempts of this character, nor even for
wilfully engaging in such attempt, in
which a train of cars may be utterly de
stroyed and involving millions of dollars
worth of property. Other Territories and
all the Siates and the government of the
United States have laws that apply to all
such dustardly acts, and I ask that you
pass a most stringent law upou this sub
ject and fix such penalty upon the crime
as will truly represent the sentiment of
Montana's people and show their full de
testation of such crime.
I also beg leave to direct your attention
to an inquiry as to whether some further
amendments to the criminal code are not
necessary and desirable in order to afford
railroads the full protection of the law to
which they are justly entitled. The crimi
nal code was adopted before the advent of
railroads into the Territory and was framed
to meet the conditions then existing.
Wisely enough many provision? commonly
found in the penal codes of the States with
reference to this class of property, were
omitted from our penal code, leaving the
labor of supplying them to subsequent
legislatures, when the changed condition
of'the country should make their enact
ment necessary. The rapid construction
of these improved highways of commerce
and travel in every part of the Territory ad
monishes us that this work of amendment
ought not to be longer delayed. This class
of property contributes largely to the public
revenue, and it is of right entitled to the
fullest and most ample protection of the
law. Without assuming to cover all of
the details wherein amendments are de
sirable, permit me to suggest a few of the
more important matters requiring imme
diate attention. It should be made an of
Jense to set fire to or burn any railroad
bridge, trestle, culvert, or any portion of
the superstructure of a railroad ; and here
I may particularly direct your attention to
the section of the statute against burning
bridges now in force. The language is "any
bridge across any stream." I need scarcely
suggest to you that the wilful burning of
any bridge on a highway, whether it be
across a stream or not, ought to be included
within the statute. Maliciously opening
or displacing a railroad switch, or placing
on the road any obstruction, whereby a
train may be derailed or in anywise in
jured, should be denounced and suitabl/
punished. The law of larceny should be
so amended as to include tickets entitling
the holder to a passage on any public con
veyance, and the value ol such ticket
should be fixed at the sum at which tickets
are sold by the proprietors of such convey
ance to persons desiring to travel between
the points designated in the ticket. It has
been found expedient in some of the S'ates
to make train conductors peace officers, and
give them authority to make arrests for
breaches of the pence and other offenses
occurring on trains in their charge. They
should be required to turn the offender
over to the nearest shenfi' on the line of
their road in the direction in which their
train is running, and such offense should
be made punishable in any county through
which the load passes on which the offense
may be committed.
I call your attention to House joint reso
lution No. 9, adopted and approved March
10th, 1887, aud to section 23, article 1,
chapter 2, of the fifth division of the De
vised Statutes of Montana, and submit the
question whether it was intended in adopt
ing the said resolution No. 9 to include the
provision made for the same institution in
said section 25 of said chapter. If such was
the purpose of said resolution, then there
should be an amendment explanatory, so
as to merge the one into the other.
There are yet other important subjects
to which your attention might very well
be directed as deserving your notice and
the lavor of your legislative action; but
with the view to shorten as much as possi
ble, consistent with the public interest, the
time aud length of this extraordinary ses
sion, I have thought it most proper to pre
sent in this message for your consideration,
only such subjects and questions as de
mand immediate legislative action, and
these, as you perceive, are mainly those
touching the finances of the Territory, the
assessment aud gathering of the public
revenues, and their just disbursement
under the w isest economy ; and I am sure
when you have considered and acted upou
these suggestions, aud only such others (if
there ate any), as your sense of duty shall
impress you must now. for the public good,
be legislated upon, that all others will be
remitted to the people and their chosen
agents of the next regular session.
I regret the necessity which has com
pelled me to have you leave your homes at
this very busy season of the year to engage
again iu earnest thought and deliberation
upon matters of legislation. Nothing hut
the strongest abiding sense of duty has
prompted this action. I regret the more
such necessity lor this session of the legis
lative assembly because there are no means
at command with which to pay the mem
bers their per diem or mileage, or auy of
the expenses incident to this coming to
gether, until the meeting of Congress in
December, and until provision shall then
be made. 1 shall make haste to have the
Subject brought to the notice of that body
promptly and urge immediate action
Good government is full of the spirit of
justice, liberality and charity toward all
its subjects and is never parsimonous in
providing for its own agencies and the
peace and happiness of its own people, or
in protecting their honor and opening out
to them the lights of progress and im
provement. But true statesmanship ab
hors every appearance of wasteful extrava
gance, and all favoritism that smacks of
class legislation or is tinged in any degree
with oppressive burdens upon any one
species of property, industry or laudable
business, while others are exempted or so
lightly burdened as to savor of discrimi
nation for one and against the other. Nor
is the labor of the peonle to be taxed or in
any way burdened by legislative enact
ments. It is the great moulder of the
liovernment's material wealth, and no
statute that in aoy degree clogs its life
force is acceptable ia this country. Nor
will patriotism, tempered by true charity,
encourage county jealousies or other local
envyings amongst the parts of this grow
ing Territory. There is not one member
of the Council or of the House of Repre
sentatives but who, although chosen by a
particular constituency and is the repre
sentative of that particular district, is also
the representative and law maker of every
county and every citizen of the Territory.
I assume that each and every one of you
will deliberate and act upon the broad
platform of the high and honorable posi
tion to which you have been called by
your confiding constituencies, and I shall
willingly share with you those great re
sponsibilities, and sympathize in all your
labors and efforts for the public good.
P. H. LESLIE, Govern r.
UonlU.ry of Montana, Executive Oftice, Hel
ena, A ugr 29,1887.
Fiteti Extraordinary Session.
Councll--First Day, August*21).
At 12 o'clock, nooD, to day the gavel of
President Hickman tell, calling to order
the upper house of the Fifteenth Legisla
tive Assembly iu extraordinary session,
in one of the elegant halls iu the new
court house designed for the purpose. Doll
call showed the following members and
officers present :
Hickman, of Madison, Cardwell, of Jef
ferson Collins, of Cboteau, Holliday, of
Gallatin, Hundley, of Lewis and Clarke,
Kennedy, of Missoula, Rickards, of Silver
Bow. Sutherlin, of Meagher.
Absent—Batchelder, of Beaverhead, Par
dee, of Deer Lodge, Thompson, of Custer,
Waters, of Dawson and Yellowstone.
Officers present : Chief Clerk, D. L.
Davis, Engrossing Clerk, H. D. Arkwright,
Sergeant-atArms, Matthew McGuirk,
Chaplain, Rev. R. E. Smith, Watchman, B.
F. Hooper, Messenger, Georye W. Faust.
Absent—Assistant Cierk J. D. Kirby, de
After roll call, the proclamation of the
Governor calling the extra sessiou was read
by the clerk.
The following committees were appointed
by the President:
Kennedy, Cardwell and Sutherlin, to
wait upon the House and iDiorm that body
that the Council was organized and ready
for business.
Collins, Rickards and Hundly, to wait
upon the Governor, in conjunction with
a like committee from the House, to
inform him of the organization of the
legislature, and that both bouses were
ready to receive any communication he
might make.
Both committees reported, the latter an
nouncing that the Governor would deliver
his message in the presence ot both houses
at 2 o'clock this afternoon, in the Repre
sentative hall.
House Concurrent Resolution No 1, au
thorizing the joint convention of both
houses at 2 o'clock to hear the Governor s
message was then received, read aud
adopted by the Council.
Recess until 1:55 this afternoon.
Kennedy introduced C. J. D. No. 1, pro
viding for the employment of three extra
clerks in each house, at $5 per day. Under
j suspension of the rules the resolution was
I passed.
1 Collins moved that a committee of three
! be appointed to consider the Governor's
message aud refer the different matters
spoken of to appropriate committees.
Motion carried aud the chair appointed
: Collins, Kennedy aud Rickards as such
I Collins gave notice of his intention to
i introduce bills to create the office ot com
missioner of immigration aud define the
duties thereof, and for the creation of Cas
cade county, defining its boundaries and
providing for its organization.
Rickards gave notice of his intention to
introduce a bill to punish interference with
railroad tracks.
Council then adjourned.
Speaker F. K. Armstrong called the
House to order at 12 o'clock noon.
The roll call was responded to with the
exception of two absentees, Harwood, of
Yellowstone, and Marshall, of Missoula.
The proclamation was read by the Clerk.
Blake moved that a committee of three
I be appointed to ascertain what vacancies
baveoccurred iu the officers of this house
I in the interim. The chair appointed Blake,
I Scobey and Toole.
Kanouse moved that a committee of
j three be appointed, to act in conjunction
with a like committee of the Council, to
wait upon the Governor aud inform him
that the two houses are duly organized.
Blake reported that vacancies existed in
the offices of chaplain and watchman.
The Speaker announced that these offices
would now be filled by election and asked
the bouse to nominate candidates.
Brown, of Beaverhead, nominated Rev.
T. B. Allen for chaplain and there being
no other nominations the rules were sus
pended and Rev. Allen was elected by
James Crump was elected watchman.
A committee from the Council, consist
ing of Kennedy, Suiheriin and Cardweil,
appeared in the House and announced that
the Council was duly organized aud ready
to proceed to business.
A message was received from the Gover
nor announcing that he would be pleased
to communicate with the two Houses by
message at 2 p. m.
Mantle introduced House joint resolu
tion as follows :
lie solved, That the two Houses of the
Legislature meet iu joint session in the
hall of the House of Representatives at 2
p. m. to bear the readiug of the Governor's
The resolution was adopted.
On motion the House adjourned to 2
p. m.
The committee of the whole arose and
reported to the House several recommen
dations on the referment of the Governor's
message :
C. J. R. No. 1, to provide compensation
fer extra clerks in the two houses was
taken up under the suspension of the rules
and passed, yeas 12, nays 10.
Mantle offered the following resolution :
Resolved, That the Secretary be requested
to furnish this house with 3 copy of the
certified law of the last session known as
the ground squirrel bounty law.
The resolution was amended to include
a copy to each member of all the laws
passed at the last session.
The consideration of the resolution as
amended was on motion of Blake post
poned until to-morrow morning at 11
Blake moved that a committee of three
be appointed to make a report in regard to
the publication of the laws. Blake, Brown
and Mantle committee.
Adjourned till to-morrow at 10 o'clock.
Counei!--Second Day, August 30th.
Council met at 10 o'clock pursuant to
adjournment. Roll call showed two more
members present, Pardee, of Deer Lodge
and Batchelder, of Beaverhead. Waters
and Thompson absent. After prayer by
the chaplain and the reading of the min
utes the regular order of business was
taken up.
By Holliday, to secure represeutation ia
the Council for Park and Fergus counties.
By Hundley, to amend a portion of the
criminal laws.
By Sutherlin, to amend an act passed
last March to suppress and prevent scab
and other diseases among sheep.
By permission Collins, chairman of"
special committee on the Governor's mes
sage, reported recommending its reference
as follows :
All that part relating to revenue to a
special committee of three.
That concerning licenses to a special
committee of three.
That concerning bounty to the commit
tee on agriculture and manufactures.
That concerning the obstruction of rail
roads and other matters to the judiciary
That concerning the care of the insane
to a special committee of three.
The report concluded with the offer ol a
joint resolution, which was unanimously
adopted, providing that all matters relat
ing to the above named subjects be referred
as noted to joint committees to consist
each of three members from the Council
and five from the House.
The report was adopted.
Rickards introduced the first bill, C. B.
I, To punish interference with railroad
tracks. It provides that any obstruction
of tracks or tampering therewith mali
ciously shall be deemed a felony, punisha
ble by imprisonment in the penitentiary
from five years to life term ; also that
when death results from any such obstruc
tion the ofi'ensc shali be deemed murder in
the first degree, punishable by death as
provided by law; nothing iu the bill to
govern such offenses committed previous
to its enactment. The bill was read twice
and referred to the judiciary committee.
A message from the House was received,
announcing the passage and transmittal ol
C. J. R. 1, for the employment of addi
tional clerks. The resolution was referred
for enrollment.
Recess until 2 p. m.
Council resumed at 2 p. m.
Kennedy reported C. J. R. 1, for add.
tional c lerks, correctly enrolled.
By Rickards, a bill to amend an act con
cerning the storage of gunpowder.
By Collins, a bill to amend section 90S
Revised Statutes, concerning damaging or
destroying mortgaged property.
The Council then adjourned until to
House met at 10 o'clock. Roll call
showed all the members present as follows
W. W. Alderson, F. K. Armstrong, Gal
latin ; H. N. Blake, Madison; L. A.
Brown, Beaverhead ; J. W. Buskett, Jef
ferson, and Lewis and Clarke ; T. L. Gor
ham, Lewis and Clarke; C. W. Hanscom,
Silver Bow; E. N. Harwood, Yellowstone;
C. W. Holfiuan, Gallatin ; J. M. Holt, Cus
ter : E. H. Johnson. Custer ; J. E. Kanouse,
Fergus and Meagher ; Lee Mantle, Silver
Bow; T. C. Marshal, Missoula; William
Math, Lewis and Clarke; J. M. Page,
Beaverhead, aud Madison ; C. R. A. Scobey,
Dawson ; Harrisou Spaulding, Missoula ;
J. F. Taylor, Cboteau; William Thomp
son,. Silver Bow ; Jacob Titman, Fergus,
and Meagher; J. R. Toole, M. W. White,
Deer Lodge ; Enoch Wilson, Jefferson.
Rev. C. B. Allen, elected chaplain yester
day, was not present but sent a communi
cation to the Speaker, declining to serve as
chaplain, owing to previous arrangement
which required bis presence.
Blake, from committee of the whole, re
ported on the Governor's message, which
was read and adopted as follows:
The part thereof relating to the act for
the assessment and levy of taxes was refer
red to committee on ways and means.
That part concerning licenses was re
ferred to a special committee, consisting of
five members, to be appointed by the
That part relating to the bounty law
was referred to towns and counties.
That part thereof relating to the insane
of the Territory was referred to a special
committee, consisting of live members, to
be appointed t>y the Speaker.
That part relating to wreckage and de
railment of railroad trains, the criminal
code and H. J. R. No. 9, referred to the
committee on judiciary.
1 hat part relating to commercial travel
ers was referred to ways and means.
Alter the report had been adopted, Page,
by unanimous consent of the Hou e, had
that part of the message relating to com
mercial travelers referred to the judiciary.
Notice of bills was given by Busket,
Alderson, Marshal and Muth.
Blake introduced House Bill No. 1, To
establish a hospital for the insane which,
under the suspension of the rules, was
read twice by its title and referred to the
special committee to he appointed by the
Recess till 2 p. m.
The chair announced the appointment of
the following special committees to con
sider portions of the message of the Gov -
On that portion relating to licenses—
Mantle, Kanouse, Scobey, Brown and Tay
On that portion relating to the insane—
Blake, Marshall, Harwood, Hofiman and
Mantle gave notice of the introduction of
bills as follows : A bill for an act to amend
section 2 of an act concerning payment of
jurors and witnesses in criminal cases in
attendance upon the district court, ap
proved March 9,1887.
Also a bill for an act to amend an act
relating to liens of mechanics and others,
approved March 9, 1887.
On motion of Muth, Rev. T. V. Moore
was declared elected chaplain of the House
by acclamation.
The House went into committee of the
whole, Math in the chair, on H. B. 2, a bill
for an act to provide for the assessment
and levy of taxes. After the bill was read
the committee rose, and the bill was re
ported to the House and referred to the
joint committee on subjects pertaining to
Mantle, by unanimous consent, intro
duced H. B. No. 3, a bill for an act to amend
section 594 of chapter 22 of the fifth divis
ion of the revised statutes.
Iu introducing this bill, Mantle stated
that it was to straighten a technical point
in the law relating to fees of county re
corders. Through a certain detect ia the
law, the recorder of Silver Bow county has
been collecting fees uuder the ohl law, in
stead of the one passed last winter.
Council--Third Day, August 31.
Council met at 10 o'clock, quorum pres
ent. Prayer by the chaplain. Journal of
second day read and approved.
Hon. W. A. Burleigh presented hi3
certificate of election as Councilman from
Custer county and, after taking the oath
of office, administered by Judge Bach,
took his seat iu the Chamber.
The Governor notified the Council that
he had approved C. J. R. No. 1, for the
employment of additional clerks. Presi
dent Hickman announced the appointment
of the clerks provided for as follows:
Assistant to Chief Clerk— Guy X. Piatt
Committee clerks—Miss Mary Galbraith,
and A. C. Van Doren.
The judiciary committee reported their
hearty endorsement of the views of the
Governor iu his message upon the obstruc
tion of raiDiai tracks, and recommended
the passage of C. B. No. 1. as tending to
attain the desired end. Bill at.d report
referred to general orders.
By Holliday, C. B. No. 2, providing for
the apportiontment of Council members iu
the counties of Gallatin, Park, Meagher
and Fergus. It gives one councilman joint
ly to Gallatin aud Park and one jointly to
Meagher and Fergus. Read twice and re
ferred to the committee on towns and
By Collins, C. B. No. 3, to create the
county of Cascade aud defining its boun
daries. Read twice aud referred to a speriai
committee, consisting of the members from
Lewis and Clarke, Cboteau and Meagher
By Hundley, C. B. No. 4, to amend the
criminal laws relating to disorderly con
duct. It provides in addition to general
provisions that disorderly or tumultuous
conduct on race courses or fair grounds
shall he punished by a line of $100 or two
months'imprisonment or both. Read twice
and referred to the judiciary committee.
The President announced the joint com
mittees on parts of the Governor's mes-aue
as follows :
On revenue—Pardee, Collins aud Holli
Licenses—Kennedy, Rickards and Uuml
Care of insane—Sutherlin, Burleigh and
Council went into committee of the
whole, Kennedy in 'he chair, on Rickards'
bill, C. B. No. 1, to punish interference
with railroad tracks. Alter discussion of
the first section and an amendment offered
by Burleigh the committee rose, reported
progress and asked leave to sit again.
Council resumed.
Recess till 2 p. m.
Council resumed at 2 p. m.
The committee on towns and counties
reported C. B. No. 2, for council representa
tion, with an amendment, providing that
the bill take effect immediately on its
passage. Bill and amendment placed on
general orders.
Rickards introduced C. B. No. 5, amend
ing an act concerning the storage of gun
powder. Read twice and referred to the
committee on mines and minerals.
A motion to go into committee of the
whole was defeated, aud the Council took
a recess until 3 p. m.
Two days without prayer. The first in
vocation by Chaplain T. V. Moore: "Al
mighty God, ruler of heaven and earth, we
rejoice to acknowledge thy sovereignty
over us this morning' we rejoice to invoke
thy divine blessing upon us in all that
our hands undertake to do. Graut thy
wisdom unto these, thy servants, m all
their deliberations and determinations,
that they may be in accordance with those
great principles of righteousness and truth
which thou hast implanted in our souls
and revealed to us iu thy word. Give har
mony of action by giving a common wis
dom to all. Direct and overrule all that is
done to the welfare of this Territory and
the glory of thy name. These things we
ask through Jesus Christ, our Lord.
Notice of bills were given by Alderson.
Hanscom, Taylor and Kanouse.
By Marshal—A bill for an act to regu
late trial practice iu district courts relative
to instructions. Referred to judiciary com
By Muth—An act concerning the office
of police magistrate in incorporated cities.
Referred to the commitee on towns aud
By Buskett—A bill for an act to create
the office of Attorney General of the Ter
ritory of Montana. Referred to judiciary
committee. <
By Alderson—A bill for au act concern
ing the qualifications of voters in towns
ar,d cities.
Concurrent resolutions lor adjournment
of the legislature sine die were offered by
Page to adjourn on the 10th of September ;
Holt to adjourn on the 7ih and Toole on
the 8th, which were referred to a commit
tee, consisting of Page Toole aud Holt, to
prepare a joint resolution on the subject.
A communication from N. Hilger, ad
dressed to the speaker, was read by the
chief clerk, tendering au invitation to the
Governor, President of the Council, Speaker
of the House, the Legislative Assembly,
the heads of departments, J. K. Toole, Del
egate in Congress, Mayor and Council ol
Helena and County Attorney Wallace for
a voyage through the Gate of the Moun
tains on the steamer Rose of Helena, at
such time as may be agreed upon.
Recess till 2 p. m.
Roll called at 2 p. m ; all present.
The Speaker announced that he bad ap
pointed C. R. Craig assistant chief clerk of
the House, and Henry Meyers and Donald
Davenport clerks to committees.
The resolution accompanying the report
of the special committee on final adjourn
ment came up in order, fixing the 8ih day
of September to adjourn sine die.
Mantle moved to amend by inserting the
10th of September.
Carried, and the resolution as amended
passed—yeas, all.
The House went into committee of the
whole, Scobey in the chair, on H. B. No. 5,
concerning the office of Police Magistrate
in incorporated cities and towns.
House resumed. The bill was reported,
with a recommendation that it do pass.
By unanimous consent Harwood intro
duced H. J. R. No. 1, to provide for certain
printing, and the rules were suspended ami
the resolution put ou its final passage ami
passed—yeas 22, Does 1.
This resolution appropriates $500 out of
any money in the Territorial treasury uot
otherwise appropriated, to be disbursed by
the Secretary for the printing of bills ordered
by either house.'
Kanouse introduced H. B. No. 8, concern
ing licenses, which was read and referred
to special committee on the subject and
ordered printed. Adjourned.
TUB llos 1'ILES.
Property Taken Irom Them Order* d
to be Returned.
Washington, August 30.—A telegram
from Indian Agent Byrnes to the Indian
Commissioner, says: Coiorow ami his
followers are at the agency and do not
want to fight Major Leslie, who fired on
the Indians iu the border of the reser
vation, took possession and run off 30 head
of Indian horses. Cowboys are breafciDg
these horses for their own use. The In
dians, when attacked, were on a peaceable
hunting expedition and believed they had
a right to hunt on tntse lands. He re
quests the War Department to instruct the
commander at Fort Duchesne to recover
the horses and other property and return
them to the reservation.
The Indian Commissioner has instructed
Byrnes to remove from the reservation ait
person! found thereon contrary to law; to
restore to the ludians all property abm
donee, by them, and that the military
would be ordered to co-operate in enforc
ing the instructions. The Secretary of the
Interior has telegraphed to Gov. Adams to
deliver to Indian Agent Byrnes all horses
and other property taken by Major J.e lc*.
Hostiles at Home.
Denver, Col, August 31.—The News ha*
the following:
Uintah Agency, August 28.
Coiorow aud all his band arrived at the
Ouray Agency at 1:30 p. m. last Saturday,
and say they want no more fight. The In
dians on both these reservations were very
much excited until assured that the Color
ado troops would not come ou the reserves.
All is quiet here at 9 p. m. The Indian
chiefs all counsel peace.
Agency Physician.
Iowa Greenbackers.
Des Moines, August 31.—The t.reen
Ivi/.U Clafa nAnoAntilin met this SlteWOOÜ

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