OCR Interpretation


Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, January 12, 1888, Image 4

Image and text provided by Montana Historical Society; Helena, MT

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84036143/1888-01-12/ed-1/seq-4/

What is OCR?


Thumbnail for 4

$pj6t<Mi$tnU.
FISK BROS.
R. E. FISK, -
Publishtri.
- Editor
THURSDAY. JANUARY 12, 1883.
Two great smelter plants are on the tapis
lor Helena andboth.it is safe to wager,
will be builC_
The cholera is reaping a harvest of death
in Chili at present and there is greater dan
ger this year than last that it will work its
way north.___
It is stated that a distinguished Demo
cratic statesman, who is credited with sen
atorial aspirations, favors the recall of Mr.
Dickerson to the editorial tripod of the
Independent. ______
Fifty-two millions of silver currency
issued on the deposit of standard silver
dollars, have gone ont into circulation
within the past few months and have ap
parently solved the question of what we
shall do with our silver coinage.
"Oi k Joe" has introduced in the House
a budget of bills, many of them of a pri
vate cbaraeÉer for the relief of various
constituents, and others of a general
nature applicable to Montana. There are
two dozen in the list to start with, and
the indications are that a big sessions
work is resolved on. Numbers of the bills
are of great importance to the Territory
All that remains now to be done is to en
gineer the bills through Congress and see
that the President signs them to make
them laws._
Pennsylvania is fast extinguishing her
State debt. The latest report says that
nearly a million and a half was paid off
i.t-- year, leaving the principal at about
liiiten millions, against which there is an
accumulating sinking fund which at pres
ent amounts to about ten millions, leaving
the net indebtedness only about five mil
lion dollars. One year ago this net indebt
edness, as given in the American Almanac,
was $10,000,000. The prospect is
now that the whole will be wiped out in
the next two years. It shows that not
only is the national debt being paid eff,
but that the blutes are fast getting free
from debt, and the burdens of taxation
from this source are beiDg lifted from the
people. Pennsylvania incurred her large
debt in constructing canals, j ust as Vir
ginia did, bat while the latter has neglect
ed to pay principal or interest, Pennsyl
vania is paying off every dollar in full.
While we have distanced the world in
railroad construction, the matter of digging
canals is not altogether discontinued. One
sach canal is brought to notice in a report
of progress on the Cape Cod ship canal,
which is to connect Buzzard and Barnstable
bays, on the southeast coast of Massachu
setts. The length of the canal is about
eight miles, and by this route the distance
between Boston and New York will
be shortened ninety miles, besides
escaping a dangerous point of coast, where
thirty or forty vessels are wrecked every
year. The company engaged in the work
has already spent $800,000 and the total
coat is expected to be between live and six
millions. They have a dredging machine
that cost $125,000 and is capable of 6,000
cnbic feet of dirt etfery hour. The canal
will have a depth of twenty-three feet at
low water and 200 feet wide. Nearly one
quarter of the work is already completed,
though much is to be done on
the approaches besides the excavation.
It has been estimated that 15,000,
000 tons of shipping will
use this canal every year and at a charge
of 10 cents per ton the revenue would
amount to $1,500,000. During the revolu
tion and the last war with England the
general government made surveys and es
timates of this work, but it was never un
dertaken. It is now being done by a pri
vate company. There are many such works
along our.'coast that will yet be done, work
ing a great saving of time and exposure to
dangers of loss. They should be done by
government aud m ide free to our coasting
commerce.
The report of the Pacific railr ad com
mission is published and consists of a ma
jority and minority report. The former is
signed by Anderson and Littler and the
latter by ex-Governor Patterson. The
majority report a bill for the adoption by
Congress, which is very similar to that
reported by Senator Edmonds. It provides
lor landing the debt and interest at three
per cent, and granting an extension of
time for its pa> ment of 5U years. Bat
Patterson favors the repeal of the
charters and patting the property
in the hands of a receiver. There can be
little question that the majority report
is the most sensible and practical. So far
as the Union Pacific is concerned it is
agreed that it is honestly and. efficiently
managed at the present time, and there
seems to be no way to get at the thieves
who plundered and wrecked it in the days
of its prosperity. We hope something will
be done by the present congress. It is given
out that the directors and stockholders are
indifferent to the action of the government.
Even if the extension of payment
at reduced interest is granted
the roads will have to be very prudently
managed to pay out with all the competi
tion they now have to contend with. In
the settlement, we wonld suggest that the
government take back all the unsold por
tions of the land grants at a fair present
valuation and apply this in a redaction of
the debt or in paying off first mortgage
bonds. It will be a good thing for all par
ties and leave the roads to be man
aged without conflicting interests
on principles that will build up the tribu
tary country and make bnsiness for the
roads. With the command of their own
resources to build branch lines, these roads
could soon doable their business and would
prove an important factor in the settlement
of the poorest part of the country, espe
cially in the settlement and regeneration
of Utah.
PATRONIZE HOME INDUSTRIES.
The principle of protection, as advo
cated by the Republicans and every
nation on earth of any intelligence, ex
cept England, is all contained in the
sound, practical, prudent advice,
Patronize home industries. It is the
principle voluntarily practiced by every
shrewd, progressive community, even
in the wide area where trade is com
pletely free. But if every man were to
act upon the Democratic principle of
only buying where goods could be bought
the cheapest and selling only where the
most could be obtained, it would prevent
or destroy all local prosperity. Even
where trade is wholly free we act
voluntarily upon the principle that it is
better to pay a little more to encourage
home industry, to help our neighbors to
prosper, in order that we in turn may
share in their prosperity. But when
everybody is sending away to a distance
in order to save a few cents, as for in
stance, a newspaper, or a job of printing,
or any any other article that is kept by
our merchants or made by our mechanics,
it proves the ruin of business in any com
munity. Give us a diversity of employ
ments and help them all to live and
prosper, is the only theory of building
up a prosperous community.
We are at fault with our free trade
friends because they make no distinc
tion between friend and foe, between
citizen and straDger. They look only at
the price got and paid. We say that it
does make a vast difference who we
trade with. The interests of the wool
men of Montana ought to be of more
concern to the Independent than those of
Australia. It is not probable that any
of the latter patronize the Independent,
but we are very sure that paper would
lose a share of its patrons if all the
wool growes in Montana were broken up
and driven out of business. They are
certainly having a very bard time of it
now, and if Cleveland's policy is pur
sued their condition will surely be
worse.
But, say the President's supporters, it
is not a good industry to foster in Amer
ica so long as wool can be grown and
shipped into this country so much
cheaper from Australia and South
America. So by simply taking a nar
row view of the immediate present, the
President is willing to make a sacrifice
of the entire wool interest and make our
whole people dependent for this prime
necessity upon sources thousands of
miles away. The supporters of the
President's idea do not stop to think
of the changes of situation that will
ensue when our sheep men have been
ruinedjand driven out of business. They
assume without a shadow of reason that
the wool growers of Australia will con
tinue to sell us their wool as cheap as at
present. But it is certain this will
not be the case. They will have
a larger demand than now, and with no
competition can and surely will raise
the price so that our people would have
to pay as much as now and may have to
pay a great deal more. And they will
have to pay it in gold, for Australian
and South American trade are all in
British hands. In case of a foreign war
and without a navy, dependent on for
eign sources for such a prime necessity,
we would be exposed to distress, and
might have to pay three or four times as
much for our woolens as now. So ex
treme is this peril, so certain is it that it
would not give us any advantage under
the most favorable conditions, that we
cannot but regard the President's policy
as one of extreme danger and folly.
So long as we have free trade among
the States it furnishes ample field for all
the advantages that policy can bring.
It protects us fully and absolutely agaiust
any possible monopoly either in wool
growing or its manufacture. If it were
otherwise and we were compelled to pay
tribute to any class of monopolists it
would be better to support home monopo
lists even than foreign ones.
In the matter of wool growing the
most casual acquaintance with the busi
ness would convince any one that it is
an '^industry for which we have great
and general advantages, though not so
great at present as Australia and
South America. There is not a State
in the Union that does not
have a large area that could be better
used for raising sheep than for any other
purpose, at anything like a fair price for
W'ool. It is an industry that is liable to
great fluctuations, as the tables of prices
for the last fifty years will show. If con
fined to a narrow range of production,
these fluctuations will be greater ; drouth
may assail the interest in California and
New Mexico; cold winters may work
disastrously in Oregon and Montana,
and disease in other parts of the coun
try. The only security against such
fluctuations is to have the interest as
wide-spread as possible, so that the
general yield may not be greatly affected
by any local disaster.
Next to our food, our clothing is a
matter of importance in our cold cli
mate. No prudent statesman would neg
lect an interest so important, or even
entertain the idea that we should depend
upon foreign sources of supply. No
matter what else is protected, the wool
interests of this country should be pro
tected to the degree that sheep raising
should be fairly profitable. It is not so
at the present time, and the situation
demands an increase rather than de
crease of duties. If the business becomes
more profitable, it will increase so that
home competition will reduce the price.
It is better to have the regulator in our
own hands than in foreign ones. Even if
we raised the tariff on foreign compet
ing wools to the point of protection
we shall be in no possible danger from
inflation of prices, and the revenue that
it
we should lose from the duties on foreign
imported wool we do not need to swell
the surplus of the treasury, according
to the President's own showing.
We believe in the policy of protection
on general principles, but in the matter
of wool growing and manufacturing
there are special reasons to plead for it
and stamp as suicidal folly any attempt
to endanger their existence, as the course
of the President would confessedly do.
SKILLED LABOR.
The rapid growth of our manufactures
under the shelter ol protection till we
have become the gÄtest manufacturing
people in the world is proof positive that
it fosters and creates skilled labor iu the
sense that the term is generally employed
in distinction from that engaged in pro
ducing raw material. It may be true
that skilled labor does not come to this
country from Europe iu the same pro
portion that unskilled labor does, and
there are many good reasons for it. In
the first place it is comparatively better
paid at home. This is true in all coun
tries. The pressure is felt most in that
class whose numbers are greatest. And
notwithstanding this fact and the addi
tional one that passage to America is so
cheap, it not true that most of our emi
grants are of the poorest class in Europe.
Our factories and shops, where the labor
employed is mostly of the class called
skilled laber, are full of foreigners as is
well known. The invention of ma
chinery has had the effect to make un
skilled labor competent to produce the
fruits of the most skilliul laborers. As
for instance, in the case of watch making.
The machinery in jise at Waltham and
Elgin turns out finer watches than the
Swiss and French workmen can produce
with all the skill that generations of
practice and special study and applica
tion have been able to give them.
*
* *
Take any single employe in the fac
tories at Waltham or Elgin and beyond
doubt plenty of foreign workmen can be
found to surpass them in general knowl
edge of watch making. But the pro
ducts of skill born of machinery, with a
smaller degree of general skill in the
employe, surpass in finish and very
much in cheapness of product the
greater personal skill. The invention
of machinery has converted all depart
ments of labor into the higher grades of
skilled labor, and the general education
and intelligence of our people, acquired
through our public school system, has
labor required. We have uot needed
furnished us all the degree of skilled
the skilled labor of Europe. We could
do better work with our machinery and
a much smaller degree of skill among
our workmen.
The fact that so few skilled laborers
come from Europe only shows that their
field is better occupied in this country
than in Europe.
So far as the question of profit is con
cerned from producing the fruits of
skilled labor, we have distanced the
world, and though the introduction of
so much machinery has undoubtedly
lessened the demand for the highest de
gree of skill in the workman, it has
brought us the profit and enabled men
of less skill to reap the rewards that
men of superior skill obtain in the old
country. The skillful inventor through
his machinery virtually imparts his skill
to thousands who have not a tithe of it.
*
* *
Senator Dawes tells us that when the
present tariff law was passed some of the
committee, of which he was one, pro
posed that the duty on silk should be
made low because none was then pro
duced in this country, but he insisted
that with encouragement and protection
it might be produced, and such has been
the fact. Last year more than 55,000,000
worth of silk was produced in this
country, giving profitable employment
to home capital, to thousands of skilled
laborers and furnishing a home market
for our farmers, besides giving us the
product cheaper than ever before. Silk
dresses, which once were only thought
of by the very rich, ^re now found in
the wardrobe of every domestic in the
land.
*
* *
Why! bless your heart, this land is
full of skilled labor as an egg is full of
meat. Even farming, the most general
field of unskilled labor in the world, has,
by the introduction of machinery, been
elevated to the rank of a skilled profes
sion. A single farmer of ordinary intel
ligence, with a team and modern farm
machinery, can produce as much as a
hundred hard toiling Chinamen, Hin
doos or European serfs. We have skilled
labor to produce raw material and skilled
labor to convert it into the fin
ished product ready for consump
tion. There is hardly an import
ant .thing that the manifold wants
of civilized man crave that we cannot
produce better and cheaper in this coun
try. Some of the goods sold in our mar
kets are sold cheaper in foreign coun
tries. They have to be sold cheaper
there or they could not be sold at all. If
an American goe3 to Europe, in any
part of it, and stops at any public house,
he will be charged about twice as much
as a citizen of the country, simply for
the reason that he is better able to pay
and is accustomed to pay more. If we
should stop our manufactures and^, de
pend on foreign supplies, would we get
foreign goods as cheap as they are
sold at home ? Prices are not regulated
always or generally by the cost of pro
duction, but very much also by the ne
cessities of purchasers and their ability
to pay.
*
* *
So far as the rewards of labor are con
cerned there is not a country in the
world where it is paid as liberally as in
this country. Statistics have been
gathered and comparisons have been
made thousands, of times and with one
uniform result. The greater part of
our workingmen fare better every day
than a good part of the nobility in
Europe.
The cost of living in the old country
and this should be accompanied by an
investigation into the style of living.
It is a fact that the inmates of our poor
houses and charity hospitals live much
better than a large part even of the
better classes of Europe. What is spent
here by a single workingman would, on
an average, sustain a whole family in
Europe.
*
* *
So far as we have any unprotected in
dustries, they all share the benefits that
come from protected one3. The farmer
who raises wheat is protected by being
furnished the best home market in the
world, and nine-tenths of all that is
produced is consumed within our own
borders. Would any but an insane man
prefer the market where the smallest
part of his produce can find purchasers ?
England would not buy of us a bushel
of wheat or a pound of cotton or beef
if it could be got elsewhere. Prudence
demands that we should make the most
of our home market. It is worth more
to us now than all the rest of the
markets in the world, and it can be
made vastly better than it is by judi
cious protection.
A very important decision has just
been rendered in the United States District
Court for Northern Iowa, Judge Shires pre
siding. The effect of the decision is to
vacate the Glidden patent under which the
Washburn & Moen company have claimed
and exercised the right to exact a royalty
of all manufacturers of barbed wire. The
decision will have to go to the Supreme
Court, as did the Driven Well"case, recent
ly decided. But such is the confidence of
manufacturers that the patent will be
vacated that no more royalty will
be paid, and there should be a con
siderable redaction in the price of wire,
of which Montana in the future will have
the advantage. The results in these two
cases suggest the propriety of providing
that the general government shall furnish
in full or part the expense of testing thor
oughly iu the courts the validity of con
tested patents. These patent monopolies
constitute the most oppressive taxes that
our people pay. It is quite generally be
lieved that the the patent under which
the Telephone Company is extorting mil
lions from onr people every year is without
any just and valid basis. People submit
to these exactions because the cost of liti
gation is so great, and it is only when a
great number combine and divide this cost
that such cases are ever thoroughly tried
in the courts. Meantime the extortion
goes on and fortunes are made, and this
encourages others to practice the same
policy. The government which represents
the people shonld use the people's money
to prosecute such actions.
Either Voorhees' speech on the Presi
dent's tariff message is intended for satire
or else it is a maudlin mass of contradic
tions. So far as he bewails in extravagant
terms the an tiering hardens of taxation
that onr people bear, the tears shed wonld
rival those of a crocodile. The people of
this country pay less tax to their national
government than any other in the world.
Bat if it is true that a needless amount is
kept idle in the treasury, it is wholly the
fault of the administration and no
one else, for it might be nsed in
buying np onr bonds, as was done last
autumn, about election time. Again, if
there is more money coming into the
treasury than is needed, why does the
President recommend a redaction of duty
on wool, the only possible effect of which
upon the treasury would be to increase the
receipts. It strikes us that a sober man
would have to get pretty close up to Cleve
land to make him appear a greater man
than Jefferson, except upon the principle
that a live dog is better than a
dead lion. Voorhees seems to re
joice that Cleveland has made a
move and doesn't seem to care much
about the direction. Voorhees claims to
favor incidental protection and is opposed
to abolishing the internal revenue taxes.
These are sound positions, and indicate
that Voorhees will come out of the fog
some time on the right side of the fence
when he recovers from the bewilderment
into which the dazzling light of the Presi
dent's message has thrown him, without
the precaution of nsiog proper glasses.
The President certainly made a faithful
transcript of some of the tracts of the
Cobden Club, and the message receives un
bounded praise in England, aud for the best
of reasons. Competent judges would say
that Manning's last report as treasurer was
as much superior to the President's mes
sage as the sunlight exceeds the pale, bor
rowed light of the moon. If Grover is
greater than Jefferson, Manning must have
been a wonderfully great man, or we shall
have to think less of Jefferson than we
have been accustomed to do.
The capital invested in the Southern
States in manufacturing and mining indus
tries last year was nearly doubled and let
it not be forgotten that the new South is
fast acquiring a keen appetite for protec
tion. Twenty-five years more of protective
policy will see the South rich and prosper
ous, perspiring wealth at every pore. Pro
tection of home industries, diversity of in
dustries, the development of her rich min
eral resomces will make the South rich,
will settle the real controversies and exalt
and crown free labor.
K. of L. Prospects.
Philadelphia, Jannary 6.— -Responses
to the notice of General Secretary Litch
man for the payment by the local assem
blies of the Knights of Labor of the Janu
ary taxes are pouring in to the several of
fices of the order. Secretary Litchman
says the showing is excellent. We have
nearly 500,000 members now, and all in
good standing. We are ready for the new
year ander the very brightest of prospects.
Senator Reagan, of Texas, is opposed
to the principle of the Blair educational
bill, because it will lead to centralization.
Texas is exceptionally favored beeanse, of
all the States, it alone has the control and
disposal of its pnblic lands, and out of
them has provided liberally for pnblic
schools, and therefore does not need the
aid of the general government. This Blair
bill waa intended as a measure of relief for
the Southern States, where most of the
illiteracy exists, very largely among the
blacks. Many of the Southerners reject
the profier of relief because they do not
want the blacks educated, and rather than
have them educated prefer to
have the whites continue in their
ignorance At First we favored
the bill because we felt that Congress,
which had given the ballot to the freed
men, should give them the means to nse
it properly. But there has been so much
opposition at the South to the measure,
and if the grant is made it will be appor
tioned and managed exclusively by the
whites and in their interest that we bave
lost faith in its accomplishing the good in
tended. Senator Plumb has proposed to
amend by making the distribution ac
cording to population as shown by the
census of 1880. This, too, would be work
ing great injustice to the new States
of the West, which have more than
doubled their population since that
census was taken. We are now much
nearer to the census of 1800 and the ap
propriation should be deferred, if made at
all, till after the next census is taken.
But we believe it would be full as well to
let the States that neglect to educate their
people suft'er the consequences. They will
learn after a while that ignorance is a
heavier tax than the schools. Experience
is a hard master, but it is often the only
one whose teachings are heeded. Jnst as
the States that repudiate their honest
debts lose credit aud iu the end more
money than it would take to pay them
honestly, so the States that tolerate ignor
ance in any portion of their population
will reap corresponding harvests of crime,
pauperism and shiftlessness. When the
southern States realize that ignorance
don't pay they will repent and do works
meet for repentance. If help is crowded
on them they will not appreciate it or im
prove it. _
Senator Tukpie has introduced a gen
eral enabling act for the admission of Da
kota, Montana, Washington and New Mex
ico. . The present boundaries are preserved
for all except Washington, which is en
larged to include the pan-handle of Idaho.
Rather than have any contention or delay,
even this change had better be abandoned.
Springer, who has just been appointed
chairman of the committee on Temtories,
has recently, and in anticipation of his ap
pointment, signified his approval of sach a
general bill, and there is a better prospect
of its passing than ever before. The spirit
of division aas diminished in Dakota, and
would disappear entirely if the act pesées
granting admission as a whole. As was
foreseen and intended, the new States can
not participate in the next presidential
election. After the act passes, the people
are to elect delegates to a constitu
tional convention, and though the bill
does not provide when this shall
be done, it will probably be fixed as late as
the time when the States vote for President.
After the constitutions are adopted these
will have to he submitted to a vote of the
people and the resalt of acceptance certi
fied to the President. With promptness of
action the matter could probably be ma
tured, if a legislature and State officers are
voted for when the constitution is submit
ted, so that our Senators and Representa
tives con Id be ready to take their seats
soon after the opening of the new adminis
tration, March 4,1889. Such a consomma
tion for the first time looks probably and
we shall watch the progress of this measure
with more direct interest than any pending
before Congress.
Resolutions of Respect.
Montana Lodge No. 1, I. O. O F.. at its
last meeting, acted UDon and adopted the
following resolutions :
Whereas, Bro. John H. Ming, P. G ,
departed this life on the 27th day of De
cember, 1887 ; now therefore, be it resolved
by Montana Lodge No. 1,1. O. O. F.
First, That in the death of Bro. Ming
the lodge has lost a member who was for
many years a prominent and devoted Odd
Fellow, one who as a private member illus
trated the principles of our fraternity, and
who, in the various official positions from
time to time held by him, discharged the
sacred trusts committed to him with zeal,
ability and fidelity.
Second, That we extend onr sincere
sympathies to the widow and children of
our deceased brother in their bereavement.
Third, That in token of our sorrow our
lodge room be diaped with the usual em
blems of mourning for thirty days.
Fourth, That a certified copy hereof be
furnished to the family of our deceased
brother.
Massena Bullard,
M. Silverman,
F. E. Thieme.
Committee.
Bills Introduced.
Delegate Toole is credited with the in
troduction in the House of the following
hills, all of which are of more or less gen
eral interest to the Territory :
For the annexation of a portion of Idaho
to Montana and the admission of the Ter
ritory as a State.
Providing for a permanent reservation
for the Crow Indians in Montana.
For the consolidation of various tribes on
the great northern reservation of Montana.
To amend the alien land laws.
To grant the Cinnabar & Rocky Fork
railroad the right of way through the
northern boundary of the Yellowstone
Park.
Granting the Missoula & Bitter Root Val
ley road the right of way through the Foit
Missoula reservation.
To allow the Fort Benton Bridge compa
ny the right of way across the Missouri
river at or near Fort Benton.
Several memorials from the Montana
legislature urging certain legislation for
the Texritory, including an appropriation
for the Yellowstone Park.
A bill authorizing the Secretary of War
to provide the militia of Montana with
arms and military stores.
For the erection of a public building at
Helena.
For the establishment of another land
district in the Territory.
To extend the functions of the assay of
fice at Helena.
MONTANA BAR ASSOCIATION
Annual Meeting and Election of Ol
fleers---President Blake's
Address.
The annual meeting of the Montana Bar
Association oonvened at the court house
las t night, with a large attendance of at
torneys from all parts of the Territory.
President Henry N. Blake, of Madison
county, called the meeting to order at 7
o'clock and delivered an interesting ad
dress upon the subject, "The Power of Con
gress over the Territories '' It was received
with rapt attention. Following is a syn
opsis of Judge Blake's remarks :
president blare's address.
The subject of the address was the power
of Congress to legislate in certain matters
affecting the Territories. The provisions
of the constitution were analyzed, and the
opinions of courts and law writers were
quoted. It was shown that all admit the
constitutionality of a Territorial govern
ment, and that the powers of Congress are
omnipotent in a parliamentary sense. The
source of these powers has been a subject
of discussion concerning the part of the
United States which has been acquired
since the government was formed. It is
claimed by many authorities that the con
stitution did not contemplate any acquisi
tion of foreign territory. Others maintain
that the power to declare war and nego
tiate treaties includes the right to obtaia
cessions of land by purchase or otherwise.
The latter is now the settled doctrine. It
was shown by a number of writers that
some supposed there never could be any
States where Iudiaua, Illinois and Michi
gan now exists; and that the same remarks
were made respecting the regions of the
Columbia river aud Rocky Mountains. The
present growth was not anticipated, and
the constitution was not framed by every
statesman with any such progress in view.
Fortunately the boundaries of the United
States were not accurately defined in this
inslrumen.
Two theories appear in the hooks. One
is that the power to create the territorial
government is given directly under the
clause authorizing congress to make rules
and regulations respecting the territory or
other property in the United States. The
other doctrine derives the right to govern
foreign acqusitions like Lonisiana and
Florida from the authority to secure them
by treaty. The tendecy of the courts is to
support the latter. Congress can make a
void law of a territory valid or a valid act
void.
A reference to treaties and patents shows
that the term "territories" has a more com
prehensive meaning than "territory." At
tempts have been made to limit the power
of congress, because the singular number is
nsed instead of the plural. But the writ
ings of the persons who lived when the
constitution was adopted mention the
whole west as one country, and therefore
the word "territory" was most familiar to
the legislators. In 1787 there was only
one territorial government. The power of
congress has not been abridged through
any question or' number.
The term "state" or "states" in the con
stitution has been construed by the courts
to include the territories iu certain matters
and not in others. The citizens ot a terri
tory cannot maintain actions in the circuit
courts of the Union, inasmuch as this
privilege is confined to the citizens of states.
The statute of a territorial legislature can
not he reviewed by the supreme court of
the United States, for their jurisdiction is
restricted to the law9 of state legislatures.
It was shown that in a number of in
stances in which the constitution uses the
terms "^ite" or "states," congress had en
acted laws which embraced the territories.
The clauses relating to the records of courts,
the apportionment of direct taxes and fug
itives from service or labor, which do not
mention the territories, have been interpre
ted to include them. The speaker insisted
that the rules of interpretation had not
been uniform or inflexible, and that some
of the strict constructionists had been lib
eral in applying these principles, while
those of the opposite school had often been
narrow. The various propositions were il
lustrated by the citation of case3 from the
reports.
Inconclusion Judge Blake acknowledged
his gratitude to the members of the asso
ciation for the expression of confidence
which promoted him to the honorable post
of president aud alluded to the pleasant
memories which clustered about its duties.
election of officers.
On the conclusion of the President's ad
dress, routine proceedings were entered
into.
The report of Treasurer C. W. Turner
was received and referred to the executive
committee. The report shows a balance
on hand of $398.
The report of the special committee ap
pointed at the semi-annual meeting with
reference to the codification of the Terri
torial laws was received and placed on file.
The report cites the history of the bill
which was introduced at ihe extra session
of the Legislature with reference to the
matter of codification, and recommends
that a similar effort be made at the next
session of the Legislative Assembly.
The following officers were elected for
the en9ning year:
President—W. W. Dixon, of Bntte.
Secretary— F. P. Sterling, of Helena.
Treasurer—Cornelius Hedges, of Helena.
vice presidents.
First district— T. H. Carter, of Helena.
Second district— H. R. Whitehill.of Deer
Lodge.
Third district—L. A. Luce, of Boze
man.
Fourth district— J. W. Strevell, of Miles
City.
The following was announced as the
executive committee :
First district—Geo. F. Shelton.
Second district— T. C. Marshall.
Third district— C. S. Hartman.
Fourth district— O. F. Goddard.
The following resolution was adopted :
Resolved , That the committee on juris
prudence and law reform be instructed to
ascertain if the session laws of Montana
were obtainable at reasonable prices with
adequate promptness after their enactment,
and if not, the causes therefor and what
remedy, if any, shonld be invoked and re
port from time to time npon that subject
The report of the committee on jnrisprn
dence and law reform, with reference to the
delay in the publication of the compiled
laws, was read. The report was discussed
at considerable length, with the result that
the responsibility for the delay was pretty
evenly distributed among the legislative
assembly, the public printer and the secre
tary.
President elect W. W. Dixon was then
escorted to the chair by two ex-presidents
of the association, Col. Sanders and Judge
Knowles, and expressed his thanks for his
election to the office.
Information was given to the association
of charges made against a member of the
bar in the eastern portion of the Territory,
bat the charges not having yet been re
ceived by the secretary the matter was de
ferred to some fntnre time.
President Dixon then announced the fol
lowing as the standing committees for the
year:
Jurisprudence and Law Reform— H. N.
Blake, Hiram Knowles, G. W. Stapleton,
W. E. Cullen and J. B. Clayberg.
Judicial Administration and Remedial
Procedure— W. F. Sanders, D. S. Wade, I.
D. McCutcheon, William Scallon and R. B.
Smith.
Legal Education and Admission to the
j
j
j
i
!
!
Bar— F. W. Cole, W. H. Hunt, A. F. Bur
leigh, J. W. Savage and F. K. Armstrong
Grievances— W. H. DeWitt, Frank H
Woody, E. D. Weed, H. G. Mclntire and
Thompson Campbell
Adjourned.
Montana Match-Making.
[Butte Inter Mountain.]
A rather romantic engagement is to be
consummated by marriage in this citj this
week. We are not at liberty as yet to
make public the names of the contracting
parties. The gentleman, however, is a
prominent merchant of Philipsbnrg, and
the young lady a recent arrival frein the
East. The way it came about was this':
A Butte lady who recognizes that it is not
good for a woman to be alone, any more
than it is good for man, set herself the task
of getting the two young people inter
ested in each other, as she liked
them both. He lived at Philipsburg
and she (the youDg lady in the far
east. By dint of muen talking, she finallv
got them to corresponding. This soon led
to an engagement, although they had
never seen each other. It was at length
arranged that the wedding should take
place in Butte, and the bride has just ar
rived from the east, while the bridegroom
got in from Philipsburg yesterday. Al
though they had never seen each other be
fore, the expectations of both were more
than realized, and all that remains to com
plete their hapiness is the set rices of a
matrimonial knot-tyer. The matter is told
not only because of its interest, but be
cause this kind of an engagement and mar
riage is distinctively Montanian.
Holiday Miner.
The holiday edition of the Butte Miner
is already in circulation. It is a large
j pamphlet containing nearly a hundred
pages and remarkable for good typograph
ical and press work, done in the Miner
office. It contains descriptive articles on
every county in the Territory, together
j with handsome illustrations of cities and
towns in each. One of the features of the
j book is a table showing the vote for Dele
i gate to Congress every election since the
! organization of the Territory. Mining,
stock and agricultural interests are written
up and the resources of Butte and the
Territory fully exposed. The number is a
! credit to the Miner, and will be a valuable
pamphlet to circulate abroad among people
seeking information about Montaua.
Rosy Prospects
Fred. Wilson, now editor of the Benton
River Press, never allows himself to he
outdone iu generosity of any kind, whetLer
in startling predictions or otherwise. The
following is his latest effort :
"We recently stated there was fair, pros
pects that Helena would soon have a smelt
ing plant erected, costing one million dol
lars, and are not surprised to learn that
Great Falls has "raised 'em oue," and has
now decided on the erection of a smelting
plant to cost two millions. While dwell
ing on this iemptiug topic, it may he well
to state that Fort Benton's citizens hare
completed arrangements by which a smelt
ing plant will he brected in the city limits
inside of six rnon'hs, that will not cost less
than three million dollars. Future pros
pects are indeed rosy."
Big Sheep Deal.
[Benton Hiver Press.]
Mr. O. G. Cooper, whose recent visit to
Benton was noted in our columns, did not,
it seems, come here entirely for his health.
We learn this morning that during his
stay he concluded pending negotiations for
the sale of one-half of his ranch property
and one-half of his sheep for the snug sum
of $25,000. The purchaser is Henry M.
Martin of the well known commission mer
chants, Manning, Harding & Martin of
Boston. This firm is one of the heaviest
buyers of Montana wool and well known
to fiockmasters throughout the territory.
This recent purchase fully testifies their
faith iu the future of the Montana wool
growing indnstry.
The Wolf Pest.
Wolves and coyotes are already making
their presence felt among the cattle herds
of this section, says the Benton Press, and
should the remainder of the season prove
severe, will without much doubt inflict
serious damage. From Mr. Chas. Roth
we learn that a day or two since he came
upon nine head of cattle near Nine Mile
coulee, that had been corralled by a baud
of wolves. His attention was first attracted
by the bellowing of the affrighted cattle,
which, on approaching, he found formed in
a circle, defending themselves with their
horns. Mr. Roth had with him at the
time one dog belonging to himself and four
from Peck & Lacy's sheep camp—all shep
herd dog9. The dogs at once attacked the
wolves and an exciting combat resulted,
in which the wolves were of course vic
torious. In the meantime the cattle im
proved the opportunity to seek greener
fields and pastures new. Two of the dogs
were seriously ipjured and are still nurs
ing their wounds.
Land Office Business.
(Bozeman Courier 1
The business of the local United States
land office for the year ending December
31,1887, foots up as follows:
NUMBER OF ACRES.
Homestead applications.............................
Final homesteads.................................
Pre-emption filings....................................
Cash entries.................................................
Desert filings...............................................
Final desert entries (not iuciuding those
for unsurveyed lands...........................
Timber culture applications.......................
Final culture entries...................................
Mineral applications...................................
Mineral entries............................................
Coal filings.................................................
11,563
12,376
10,010
2,062
15,891
5,461
6,583
280
626
325
4,315
Montana Dividends.
Daring the last month of the year 1887
dividends amounting to $248,000 were
paid by Montana mining properties, the
Granite Mountain alone paying one of
$200,000. The total dividends paid dur
ing the year were over three millions, dis
tributed as follows :
Granite Mountain...................... $2,000.0(0
Montana Limited................................ 742,500
Jay Gould............................................... 71,000
Empire................................................... 70,500
' , ...... 60,000
50.000
. ...... 42,678
30.000
.................. 30,000
.............. 25,000
Original......................................... 12,000
Total.............................................S3,133,678
Moulton.,
Parrot.......................
Amy A Silversmith...
Kikhorn ...................
Hecla........................
Hope.
Railroad Earnings.
The earnings aud expenses for Novem
ber of the Cœur d'Alene Railway A Navi
gation Co. were :
Gross earnings..........................................? 18.736
Operating expenses................................... 7,053
Net earnings...................................$ 11,683
April 1st to November 30th inclusive:
Gross earnings......................................$129,148
Operating expenses................................... 51,855
Ndt earnings....................................? 77,293
The Cholera.
Lima, January 6—A private dispa
from Valparaiso says the cholera has
creased at that port to an alarming ext<
the number of cases daily reaching 13<J
which about 90 prove fatal.

xml | txt