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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, December 20, 1888, Image 2

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84036143/1888-12-20/ed-1/seq-2/

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How the Wily Cree Indian Got Away
From the Jail in Broad Daylight
and Took to the Hills.
The Steel Floor Quickly Cut Throughlby
Brown, Finnegan and Davis—Sheriff
Jefferis to Bring Back the Bird.
In the afternoon of the 15th of July
last, which was Sunday, the discovery was
made that George Godas, the Cree half
breed confined under a jury's verdict of
guilty of the murder of Farmer Embody,
had cut his way out of the county jail at
Helena and, in company with Davis and
White, two minor prisoners, had success
fully made his escape. The subsequent
developments, including the unsuccessful
pursuit of Godas by Sheriff Hathaway and
his officers and his final capture last month
by the mounted police across the line, are
well known to our readers.
as told by Godas himself will prove of in
terest, now that the bird is caught and
will soon be in his old cage. This was
learned yesterday from ex-Sheriff Hatha
way, who, on his recent trip to Calgary,
saw and conversed with the escaped pris
oner. Godas says that the planning of his
eacape was maturely calculated long be
fore it was executed. The plan was origi
nated and carried ont by Brown, Finnegan
and Davis. The two former were hardened
criminals and have just been sent
to the penitentiary for burglary and grand
larceny respectively at the present term of
court. Davis is one of the men who es
caped with Godas and was confined for
some minor crime. The
in the floor of the rear cell and the subse
quent removal of the masonry underneath,
was likewise the work of Brown, Finne
gan and Davis, who seemed experts at the
business. Godas refused to tell how the
plate was cut cr with what tools, but said
it was done quickly. Brown and Finne
gan intended to escape, too, but either the
hole was too small to let them out or they
were locked up at the time. As near as
he can judge, says Godas, the escape was
made about 9 o'clock Sunday morning,
when the city was very quiet and there
were few people on the streets. Godas went
first and then followed Davis and White.
Others might also have been released,but the
conspirators were afraid to let too many
into the secret, lest the officers might find
it out. Godas says he separated from the
other two men outside of the jail yard, the
latter moviDg off towards the depot aod
saying that they would try to work their
way to Chicago. Godas himself struck out
reaching the outskirts of the city without
euconntering a person. He saw one man
at a distance when he crossed the gulch
but was not observed himself. He then
made for the hills as rapidly as possible,
going up Dry Gulch on the hillside and
dodging behind rocks to avoid being seen,
though, as the day was Sunday, he knew a
figure on the hills near town would not
excite suspicion, as people often go walk
ing there during the summer. Once
in the timber he felt comparatively
safe. He took with him from the
jail a supply of bread, made up of his own
savings and the donations of other
prisoners, so that he was safe from hunger
lor a day or two at least. After traveling
southward a few miles,
crossing the gulches leading up from
Helena far np in the mountains and always
making a careful reconnoisance before ven
turing to cross a road. In this manner,
hugging the shelter of the woods, he gained
the main range, which he followed to the
North, keeping near the comb of the
range on the western slope. He traveled
two days and nights without seeing a man.
This contradicts the varions stories about
his having been seen and having sent into
a mining camp near the Peerless Jennie for
food the day after he escaped. Gaining
a mountain stream heavily lined with un
dergrowth, he lay concealed all the next
day and resumed his northward trip the
following night. That night he came near
losing his life. In the darkuess
and fell fifteen or twenty feet. He lay at
the bottom of the cliff insensible for some
time, he does not know how long, and
when be regained consciousness again
commenced his tramp, though his body
was badly bruised and sore. That day he
nearly reached Cadotte's pass. Here he
met two Indians, who gave him some
"grub" and also furnished him with a sad
dle horse. He then made tracks for the
Flathead country, where he fell in with a
camp of Indians, who treated him kindly
and gave him a fresh horse, with which he
prosecuted his northward journey. He
where he staid for several days to
rest, remaining in the hills near the agency,
the Indians in the meanwhile lurnishing
him with food. He then struck North
ward again, following the main range
across the British line and away up in the
mountains near Edmonton, where he
mixed in with the British Indians. Here
he was discovered by the Mounted Police,
who chased him for a day or two, at one
time getting so close to him that he was
compelled to abandon his horse and take
to the boshes to avoid the bullets from the
rifles of the officers. The next day six In
dian police were sent by the officers, with
instructions to catch him
A few days later the Indian police
brought him into Edmonton, though the
manner of his capture vras not learned.
As he was wily and also desperate, it is
supposed the Indians pounced on him
while he was asleep and made him their
prisoner. At all events he was turned over
to the Mounted Police, who notified Sheriff
Hathaway of their capture and subse
quently took him to Calgary on the rail
road, where he now awaits the summons to
return to Helena. The Mounted Police
were after him for six weeks, stimulated
by the offer of $300 reward, which Sheriff
Hathaway pays ont of his own pocket. It
is through the instrumentality of Mr.
Hathaway that Godas was recaptured, for
he has never abandoned the chase and has
paid out quite a sum of money for follow
ing the fugitive besides the reward.
The fifteen days required by the extra
ditioo treaty have now elapsed and Mr.
Hathaway, who was designated by Presi
dent'Cleveland to go after Godas, will
probably delegate his authority to Sheriff
Jefferis, who will in a few days prooeed to
Calgary and bring Godas beck to his old
quarters in the Helena jaiL His case will
then come np on a motion for a new trial
baton the Supreme Coart in January.
la Line of Promotion.
Washington, December 13.—The death
«f Major Edward B. Spaulding, fourth
cavalry, will cause the following promo
tioua: Captain Michael Cooney, Ninth
cavalry, to Major of the Fourth cavalry;
First Lient Joseph Garrard, Ninth cavalry,
to Captain; Second Lieut. Alfred B. Jack
mb, Ninth cavalry, to be First Lient.
Potter & Co., of Cleveland, Ask
Time to Investigate Before Tak
ing the Sewerage Bonds.
A special meeting of the City Council
was held last evening to receive a com
munication relative to the sewerage bonds,
recently purchased by Chas. Potter & Co.,
of Cleveland, at a little over oue per cent,
premium. There were present Mayor
Fuller, Aldermen Lissner, Worth, Klein
Loeb, Morris, Kirkendall, Harrison, Ad
kinson and the usual officers.
The Mayor had the following commun
ication read, which was unsigned, but
which was supposed to be signed by the
council as a body:
To A. Hershtield, 'Cashier Merchants'
National Bauk—Dear Sir: We, the under
signed, on behalf of the city of Helena,
hereby authorize yon to deliver to Messrs.
Potter & Co., Cleveland, Ohio, $40,000 of
sewer bonds on their paying for same $40,
404 64. We also authorize you to hold the
remainder, $100,000, until further orders.
We farther agree to exonerate you from
all loss or damage by reason of the delay
or non-acceptance of the $100,000 of said
Mr. Kinsley, attorney for Potter & Co.,
stated he was in receipt of telegrams from
Cleveland, which he read and which were
to the effect that they wanted a release as
bankers from collecting the face value of
$136,000 but allow them to take $40,000 at
Lissner asked Kinsley if he had dicov
ered anything wrong in the ordinance.
Kinsley replied that he could not say
that he had, bnt he wonld have had some
things altered. For instance he would have
had the ordinance enrolled on the minnies
as a part of the record. He stated he did
not know exactly what the Cleveland per
sons had dropped on and will not know
until return mail.
Worth said he was willing as he thought
all the Aldermeu were to let Potter & Co.
have the $40,000, as the other $100,000
could readily be sold at par. Mr. Hersh
field has already taken $10,000.
Harrison sail some one would have to
snffer for discount and interest.
Morris thought the Cleveland people had
acted square, as they left their $5,000 for
feit and were willing to take $40.000 now,
the remainder when the slight defect was
remedied, which they claimed to exist.
The bonds must be good or they would not
be willing to invest $40,000.
In answer to au inquiry from Mr. Loeb,
Mr. Kiusley stated that Pottor & Co. had
tried to sei l $100,000 of the bonds to eastern
parties and that the latter had discovered
the flaw. Mr. Loeb was of the opinion
uothing should be done until explanations
had been received by mail.
Loeb moved that discussion of the sub
ject be shut off, aud that the mayor be in
structed to call a meeting when notified by
Mr. Kinsley that he was in receipt of ad
vices from Potter & Co.
Worth moved that the mayor be in
structed to notify the Merchants National
bank of Helena to notify the National
Bank of Commerce of Cleveland, Ohio, to
waive protest on draft for sewerge bonds
and endorse the same on six days sight.
The motion prevailed and the Council ad
How the Question Stands—Potter &
Co. do not Wish to Withdraw.
There seems to be some misapprehen
sion as to the status of the sewerage bouds.
These bonds to the amount ot $150,000
were sold to Charles H. Potter & Co., of
Cleveland, Ohio, for $1,525 premium, mak
ing the whole amount to be paid to the
city by the purchasers $151,525. Subse
quently through their attorney, J. W.
Kinsley, Potter & Co. sold $10,000 of the
bonds to the Merchants Natioual bank of
Helena at $150 premium. Potter & Co
had also put $5,000 forfeit up in a Helena
bank as security for the city. The total
amount, therefore, to be paid by Potter &
Co., less the amonnt sold to the Merchants
and the forfeit, would be $136,375 and a
draft for this amount was made out and
send to Potter & Co. with the bonds. Pot
ter & Co. have sold $100,000 of the bonds
to eastern capitalists, whose attorney, on
investigation of the bonds, has evidently
discovered some trifling defect in the
same, as the telegram from Potter & Co. to
J. W. KiDsley in reference thereto reads
as follows: "Attorney writes you to-night
with reasonable request for missing links
in chain of title. Personally I have the
faith that what is not right yonr city will
make right." The same telegram pro
poses to take $40,000 in addition to the
$10,000 sold to the Merchants, and pay for
the same at the price bid for, leaving the
$100,000 without interest until the "miss
ing link" is supplied. In the meantime,
Mr. Kinsley says, the $5,000 originally de
posited as a forfeit stands a guaranty that
Potter & Co. will take the $100,000 as soon
as the matter can be adjnsted. Hence the
action of the Council last night to waive
protest on the draft for $136,375 for six
days. _
The Defendant Given the Benefit of
the First Decision in the Land
Law Suit.
On Saturday Judge McConnell decided
in the district conrt to sustain the amended
demurrer in the case of the North
ern Pacific railroad company vs. C.
W. Cannon et al., involving the title
to 160 acres of land on the West Side
of Helena, in the possession of the de
fendants and claimed by the railroad as
part of its land grant. The amended de
murrer claimed that the railroad company
were barred from asserting a claim to the
land on the grounds 1st of adverse posses
sion ; 2d that, if the land was obtained
fraudulently, the complaint should have
been made within two yea's after the dis
covery of fraud. By adverse possession is
meant that the defendants were in posses
sion of the ground for the required
period, five years, after the alleged
title to same had been acqnired
by the plaintiff through the location
and land grant of their road. The com
plaint alleged that the location had been
made in 1881, bat this, the plaintiff's at
torneys said,was a clerical error and should
have been 1882, which would give them a
few months yet to institute their claim be
fore the five years had elapsed. Hence
that part of the demurrer, is
held good by the conrt, as the complaint
does not show that it was made within
two years after the alleged discovery of
fraud. Hence the demurrer was sustained
and the plaintiffs were given ten days to
amend. If they amend their complaint
Hie case will come np again and be tried
on its merits. The first decision is thos
favorable to the defendants, Cannon et al.
They Fell Ninety Feet.
Stevens Point, Wia., December 14.—
This morning ten men at work on a scaf
fold on a stand pipe ninety feet from the
ground one side gave way, throwing five to
the otone bottom, killing Charles Myers,
Harry Sills, A. Albas, Jack Ainsworth and
seriously hurt Johu Smith.
Holiday Greeting and Invitation From
the Firemen of Anaconda.
A treasured souvenir reached the Her
ald Editor from the greatest smelting
camp on earth, worded as follows:
"The Herald, Helena, Montana. A
Merry Christmas and Happy New Year.
The Marcus Daly Engine and Hose Co.'s
Nos. 1 and 2 cordially invite yourself
and ladies to attend their second anunal
ball aud parade, to be given on New Year's
eve, Monday, December 31,1888, at Evans
Hall, Anaconda, Montana.
Committee of Arrangements — John
McCloskey, Wm. F. Noyes, M. B. Pickle,
A. Howarth, Frank Stebbins, H. R. Brown,
John E. Jones, Wm. Fanning, E. M. Hein
back, James Richey, J. M. Moore.
Reception Committee—Marcus Daly, W.
L. Hoge, Otto Stalmann, Jas. Richey,
Stephen A. Estes, Wm. M. Thornton, A. L.
Kempland, David Lewis, David Gilchrist,
John S. Dougherty, W. H. Danby.
Invitation Committee—James M. Moore,
Wm. F. Noyes, D. F. Hallahan.
The foregoing is elegantly spread upon
a magnificent banner, sixteen by eight
inches in dimensions, attached by sliding
rings to a beautifully chased copper rod
and chain. The front is of heavy white
satin; the back, of light green, on which
these names appear:
Honorary membership—Marcus Daly,
Otto Stalmann, Stephen A. Estes, A. L.
Kempland, Wm. M. Thornton, Wm. M.
^Company No. 1, officers—James Richey,
Foreman; John S. Dougherty, First Assist
ant Foreman; James M. Moore, Second As
sistant Foreman; Francis E. Barney, Secre
tary; David Lewis, Treasurer; S. T. Eichel
berger, First Captain Hose; John E. Jones,
Second Captain Hose; Mont. J. Pickel,
Third Captain Hose; Patrick Lodge, Fourth
Captain Hose; John McCloskey, Chief En
gineer; Mark Williams, Assistant Engineer.
Company No. 2, officers—Wm. F. Noyes,
First Captain Hose; A. Howarth, Second
Captain Hose; J H. Vervat, Third Captain
Hose; Ed. M. Heinbach, Fourth Captain
Hose; H. H. Webb, Secretary; W. H.Dauby,
The whole is beautifully printed in car
mine, most artistically executed in the
office of the Butte I at er- Mountain.
We preserve the invitation as a souvenir
well worth a place on the walls of the
Herald's art gallery. For their remem
brance we tender to our many esteemed
friends of Anaconda our best expressed
acknowledgments and we hope to have
the Herald represented at the great
copper camp on the happy occasion that
fitly closes the year 1888.
Mrs. Whitney's Defense of the Pres
ident-'lngalls and Depew Speak
in Praise of Mrs. Cleveland.
Washington special : Senator Ingalls
was show the following paragraph from
Mrs. Whitney's interview concerning the
White House scandal:
"How the slanders ever started in the
first place I do not pretend to know," con
tinued Mrs. Whitney, "but we have al
ways understood that many of them had
their origin on the hill. I should not
wish to say that Mr. Ingalls has know
ingly set in circulation a false story, but
he has been bitter and vindictive against
the president."
Mr. Ingalls was asked if he had any re
ply to make to the accusation of Mrs.
Whitney. He read and re-read the clip
ping, and finally delivered himself in his
characteristic style.
"The social leader of the administra
tion," said Mr. Ingalls deliberately, "aad
the wife of a Cabihet Minister would
hardly consent to a formal interview
upon a subject so delicate and
personal as the domestic relations
of the President, without his authority. I
assume, therefore, that the publication in
the New York Tribune was made with his
knowledge and sanction. In falsely at
tributing to me the invention and dissemi
nation of slanders, even in the guarded
and cautions phrase which is employed,
Mrs. Whitney transcends propriety and
evidently relies upon the prerogatives of
her sex for immunity. The man who
made snch a statement directly or by in
ference would be required to prove it or
retract it. I have never been either bitter
or vindictive against the ^President. Po
litically I have been opposed te him, and
my opinions have not been furtive nor
stealthy. In the North American Review,
the New York Sun, in varions speeches in
the Senate and on the stamp 1 have de
clared the grounds of hostility, which need
not he rehearsed now. I have no more
ill-will against him than I have
against the yellow fever or
the great March blizzard. My
weapons have been those of a gladia
tor, not of the assassin. Those who re
member the criticisms on Lincoln, Grant,
Garfield and Arthur, will not differ with
me when I affirm that Mr. Cleveland owes
more to the consideration of his political
adversaries than any other public man in
oar history. It wonld be idle to deny that
1 have heard the stories to which Mrs.
Whitney alludes, and others mach worse,
which time and events alone can verify or
disprove. They have been the common
gossip and rumor, the open secrets of the
promenade, the hotel and the clob for
many months, bnt they are of Democratic
origin, like the scandals of the campaign
of 1884. Republicans are not responsible
for them. They have been circulated and
repeated by the highest Democratic au
thority, masculine and feminine. If the
partisans of the Executive are wise they
will be silent.
"The President's marriage was the mort
popular act of his administration. The
mistress of the White House has no enemy
and no rival in the affectionate adm ration
of the American people. Amid many
temptations to levity and many opportuni
ties for frivolity, she has borne herself with
unexampled grace, dignity and composure.
Adulation has not disturbed the charming
and unaffected simplicity of her charac
ter. She will carry with her into retire
ment the nnabated honor and regard of all
who have been so fortunate as to know
her. She will remain among the noblest
illustrations of American womanhood so
long as virtue has a votary or beauty a
champion. Some things are self-evident
in morals and history as well as in logic.
They prove themselves and are disproved
by evidence. To deny some accusations is
to plead guilty to them. When yon have
to offer evidence that an egg is good that
egg is doubtful, and a doubtful egg is
always bad. The merchant who is com
pelled to produce affidavits to establish his
honesty is probably a thief. The citizen
who is now obliged to prove that he was
loyal and patriotic daring the war was
either a rebel or a Copperhead. Shakspeare
cast an indelible stain npon the lady who
protests too mach, and nobody cares to
marry the woman whose chastity is open
to discussion and debate. So when it
becomes necessary for a husband to obtain
a certificate of good moral character, and
to prove by the testimony of experts that
he is faithful, considerate and tender
toward a young, lovely and affectionate
wife, he may be innocent, bat he certainly
is unfortunate."
Kates Restored.
New Yoke, December 17. —Freight rates
both east and west bound were restored by
the trunk lines this morning.
From the full printed report of the Sec
retary of the Interior we present Borne
facts that will prove interesting to oar
Oat of 7,500,000 acres of agricultural
lands patented daring the year, 2,669,718
were in Dakota. Kansas follows at a wide
interval with 1,400,000; Minnesota next
with 888,019; Wisconsin with 649,557;
and Nebraska with 563,172. This shows
ns where settlement is going on most rap
idly. Montana figures in this list with
only 107,377; only one-twenty-sixth part as
mach as Dakota, though onr area is about
the same. Yet there were more lands 'pat
ented in Montana than in Nevada, and
more than in New Mexico and Wyoming
To show how completely the public
lands are exhausted in some of the West
ern States, the report shows only 320 acres
sold daring the year in Ohio, 200 in Illi
nois and 160 in .'ndiana.
The arrears of business in land offices is
something frightfnl and altogether dis
graceful. There were 238,156 final entries
pending for examination in Jane last,
while the whole number disposed of dar
ing the year was only 70,468. The new
cases exceeded those disposed of. And the
Secretary says: "No reasonable expecta
tion is therefore held out to the settler who
has met all the requirements of the law
that he can receive the evidence of his
title for nearly four years after his proof
shall have been submitted."
This condition of things, so disgraceful
to the Government, is death to the poor
settler. Until his patent is secured his
title is uncertain. The settler or his wit
nesses are very apt to be dead or scattered
duriDg this long delay.
Wby not put on force enongh to clear
off these arrears and keep the business
close up to the wants of the settlers, who are
in most cases poor men, whose period of
doubt and suffering is thns prolonged over
a space of four years.
The Secretary recommends that new and
special quarters be provided for the general
land office instead of being crowded as
now into a portion of the Patent Office.
The importance of the safe preservation,
convenient arrangement and prompt tran
saction of business ought to have secured
this long ago. Farther delay is criminal
* *
The Secretary recommends the repeal of
all the land laws bnt the homestead, ap
parently as a measure of temporary relief.
But there is a vastly better way. After
generation of settlers have had the
benefit of pre-emption and other laws,
it would be a relative injustice to those
now going out into the less inviting regions
that remain. It is no time to check or
tarn aside the streams of immigration.
We want our lands settled upon and culti
vated. The first co3t of land under either
uiethod of acquisition is little compared
with the yearly harvests ander cultivation.
The bnsiness of the government is to keep
up with the demands of land for settle
ment; to afford every facility by
way of early surveys; facilitating the
making of proof, and securing an
early patent. The sooner our public lands
are all taken np and pnt in cultivation the
better will it be to ns in every considera
tion. And then there will be a more care
ful cultivation of all the land. It will be
so cultivated that instead of wearing out
it will become better. The idea of check
ing settlement of onr public lands as a
matter of policy is as vicious as that of
discouraging marriage and the slaughter
of infants.
* *
The Secretary seems to consider onr
present desert land laws a failure, but by
his own showing they are a brilliant suc
cess compared with the swamp land laws,
by which more valuable lands have been
given to the States for the pnrpose of re
clamation, which has rarely ever been at
tempted. If the policy that has prevailed
in regard to the swamp lands is to be con
tinned, the same should be applied to the
desert lands —let them go to the States
within which they lie. If there has been
evasion of the intent of the law in cases of
desert lands ander national jurisdiction,
there has been greater evasion of the pnr
pose which dictated the transfer of swamp
lands to the States. Under the desert laws
the government at least gets fall pay for
its land—$1.25 per acre—while for the
swamp lands it gets nothing.
There is a better way to manage with
both classes of lands. The desert lands
should, under government control, be
made to pay for their own reclamation by
the reservoir system, and in the same way
swamp lands should pay for their reclama
tion by the best means that science could
This question is important enongh to be
made one of the leading features of the
agricultural department. The irrigating
system is as essential to the good condi
tion of land as blood to the healthy con
dition of the human body. Water is the
blood of the land; there ia no life without
it. If there is not enough there is drouth
and death. If there is too mach there is
equally fatal coagulation. There is need of
the proper quantity and that this should
be in constant circulation.
If the desert laws are to be repealed so
should all the swamp laws. And both of
these classes of land should at once be
pnt into condition to become desirable for
settlement at prices that wonld pay for re
clamation and at the same time cheaper to
the occupant than if given away for noth
ing in their present condition.
We find the subjects suggestive of com
ment in this report exceed onr space. We
will return to it again.
Edwin F. Sharp, a Democratic member
elect of the New Jersey legislature from
Hudson county, dropped dead of heart
disease on the 9th inst. This reduces the
Democratic majority on joint ballot to two,
and further complicates the Senatorial con
test. _
E. A. Woolcott is said to have the lea
for U. S. Senatorship in Colorado as suc
cessor to Themas M. Bowen.
Those who think there will not be
mach work for the coming legislature
are most egregionsly mistaken. There
is work and hard work for every member
and for every day of the authorized term.
The fact that we have a better and nearer
prospect of admission as a State shonld
not abate the zeal to complete any needed
The registration law is recognized by all
as of the first importance. Of even
greater importance to onr future
financial standing is some less
extravagant method of support for
our insane There is not a state
nation or country in the world where so
large a share of the general revenues are
consumed in the support of the insane. We
should do all that is reasonable accord
ing to our strength and resources for all
legitimate and worthy objects, bat to
spend all oar revenues on prison convicts
and on the insane, while we have not a
single public building and are doing noth -
ing as a Territory to promote higher edu
cation, is unreasonable. All who are not
violently and dangerously insane should
be returned to the counties. Those who
have means of their own shonld pay for
their own support and those who have rel
atives able to support them should be 39
supported. But in any event, the Terri
tory or State should have some place and
means to support its insane where it could
be done at vastly less cost.
Montana could borrow money at favora
ble rates for a suitable asylnm. We shall
need it just as much if admitted a State
within a year. Perhaps our prison labor
could be utilized in the erection of public
No doubt efforts will be made to revise the
bounty laws. We recognize the import
ance to some sections of the Territory to
stimulate the destruction of preditory wild
animals, but we believe the better way to
provide for (his is to leave this power with
the commissioners of each county. The
bounties then will be higher or lower ac
cording as local sentiment and interest
may dictate.
Our Lien law is in a wretched condition,
nnj ust to contractors and unsafe to build
ers and its effects injurions to the working
men, whom the latest amendment aims to
protect at the sacrifice of every one else.
Though a man may contract for a house to
cost $2,500, he may find it covered when
completed with liens to the amount of
$ 10 , 000 .
Our School law needs most of all some
change that in larger districts will allow
larger representation in the board of
In the matter of onr Probate laws there
is a perfect morass of confusion. It is
patched up from codes of several States,
without any harmonizing, and any sharply
contested case might travel to the Supreme
Court a half dozen times without being one
whit nearer to a settlement. We have a
Dower law enacted in 1876, omitted from
the codification, but never repealed. Some
sections of our Probate laws would imply
that such a thing as "community property''
existed, but it is only by loose inference.
It is nowhere defined or established.
Again, in spite of all that may be said
against multiplying offices, each county
should have an auditor aud such an office
is more needed than any we have.
This list of subjects for legislation indi
cates some of the work requiring attention
It is not exhaustive, but it would fill all
the time allowed for the session if nothing
else were presented.
The obstinacy of the Sioux in refusing
to treat on reasonable terms .for a division
of their great and useless reservation in
Dakota, is likely to result in soihe perma
nent gojd. According to the late official
report there are 112,413,440 acres in In
dian reservations in this country, or an
average of 456 acres for every Indian, old
and yonng. These reservations include
the best lands in the country and cover an
area of four times the State of Ohio, while
the entire Indian population is lees than
that of the city of Cincinnati. The idea of
treating with Indians as .Foreign nations,
was abandoned years ago, bat still in a
modified form is continued, requiring rati
fication by act of Congress. Bat even this
is too much concession to the Indians, as
proved by the failure to come to any
agreement with the Sionx, either at their
agencies or at Washington. One might al
most as well try to treat with a pack of
wolves. If onr Government shonld pay
these Indians $1.25 per acre for all their
land, in cash, the money wonld all be gone
soon and we should have to provide for
the support of these Indians still. They
are recognized always as being in need of
a guardian. All contracts with those un
der guardianship are made with the guard
ian. In this case it wonld be the United
States contracting with itself.
Bbeckenbidge, of Kentucky has intro
duced a joint resolution, proposing an
amendment to the constitution, defining
and punishing polygamy. This is sup
posed to be introductory to the effort to
bring in Utah. We can hardly anticipate
any opposition to snch a resolution or
amendment, bnt it would have to be ap
proved by two-thirds of the States before
it wonld have any force, and it would not
seem prudent to most of the Democrats to
venture npon the admiesion of Utah till
after snch an amendment had been adopted.
The pitiful sum of $9,000 was allotted
to surveys in Montana by the Land Com
missioner, Stockslager. It was not his
fault, for there was only about $80,000 to
divide, a small allowance even for Mon -
tana alone. Again, the rates of compensa
tion allowed by law will not induce any com
petent surveyor in Montana to engage in
the bnsineas, so it is* that the money may
as well go where it can be used where
eesier work is to be done in cheaper por
tions of the country. But it will be one
of the things for the new administration
to provide for completing the surveys of
the remaining public domain, except the
mountains, which ought not to be surveyed
at all or paas from under the exclusive
ownership and control of the government.
The following election results ou Presi
dent are tabulated as officially returned,
(excepting Texas and West Virginia, esti
mated) which show the sectional nature of
Cleveland's plurality ou the popular vote.
It will be seen at a glance that the Demo
cratic plurality comes almost entirely from
south of Mason and Dixon's line, less than
7,500 being contributed by Northern
. 59 813
12 6«
27 210
. 3.441
31,721 Florida ...........
. 12,902
80.159 Georiria......
. ft>.003
. 23,252
Kentucky .........
. 28^666
31.466 Louisiana...........
. 54,270
22,911 Maryland..........
. 6,411
36,695 Mississippi........
. 25,701
New Jersey.......
. 7.149
New Hampshire.
. 1.834
North Carolina.
. 13.627
New York...........
South Carolina.
. 52,825
. 1,539
Rhode Island.......
West Virginia...
. 1,000
The pluralities in the South are largely
in excess of those given for Cleveland four
years ago in that sectiou, the chief increase
being noted in States which showed no in
creased vote, and in some cases a dimin
ished vote compared with 1884. In that
year Cleveland's total was 65,098, a part of
which, it will be recalled, was contributed
by the North.
The New York Tribune's table, with the
vote of Colorado not included, makes
Cleveland's plurality 110,904.
One of the most striking facts brought
out by the statistics of the late election te
that of the total increase of 1,273,109 votes
since 1884 over 965,000 were contributed
by Northern States.
Francis Pop9, who is to-day succeeded
by S. H. Crouuse as a member of the Board
of County Commissioners of Lewis and
Clarke county,goes ont of office with the re
spect and gratitude of ail his constituents.
His term of office covered oue of the most
important epochs in the county's history,
having begun in the fall of 1884. He be
came chairman of the Board on his election
and had for his colleagues D. H. Cuthbert
and John J. Ellis, who were succeeded
two years ago by Messrs Beach and Cur
tin. It was during Mr. Pope's chairman
ship that the mammoth work of building
onr new conrt hoase was inaugurated and
completed. Those were "days that tried
mens' souls," but in spite of strenuous
opposition Mr. Pope stuck to the work
imposed upon him by his office and with
the help of his colleagues success
fully carried through the greatest public
task ever attempted in Montana, when the
slightest swerving from the line of duty
might have resulted in squandering
the people's money and the erection of a
court house far inferior to the magnificent
structure that is to day the pride of every
citizen of the county and an enduring re
minder of onr people's wealth aud cuter'
prise. Backed by a Republican financial
administration, Mr. Pope, too, had the sat
isfaction during his term of
office of seeing a depleted
treasury made overflowing, the revenue
increased, the rate of taxation reduced and
county warrants go ud from below par to
100 cents on the dollar. Mr. Pope's name,
together with that of Mr. Cnthbert and Mr.
Ellis, is engraved on the terra-cotta tablet
in the walls of the new court house, but
he aud his colleagues need no such testi
monial to perpetuate the memory of their
administration- They have the gratitude
of the present generation and the grand
bnilding they were instrumental in giving
Lewis and Clarke county will forever
stand a monument to their perseverance,
efficiency and self-sacriflcing zeal in the
public welfare.
President Cleveland's recent action
in extending the rales of the civil service
to the appointees in the government Tail
way mail service, coming as it does at the
close of his term of service, after that very
branch of the service has been debauched
in the most scandalons fashion for three
years and nine months of his term, will
bring no credit to its author. The aspect
of the affair is this. Cleveland having
packed the service to the uttermost with
serviceable Democrats, wishes to pre
vent his successor from meddling with
his arrangements. We care not
how many civil-service regulations there
are, we are pretty certain that clear, solid
and numerous Democratic precedents cau
be found that will turn out nearly every
Democratic office-holder on the score of
"pernicious political activity." There
never was a canvass when the Federal offi
cials were more loudly and frequently
called into service than daring the last
campaign. All that we have to say te,
that civil service should apply so far, that
no good Democratic official should be re
moved in order that a poor Republican
should be appointed.
Springer in remodeling his bill to meet
the views of the Democratic caucus, stil 1
provides that everything shall hing upon a
census taken by national authority. This
is a refinement of cruelty and an empty
pretext for delay. Everyone knows that
no national census te provided for or can
be taken for two years to come. There is
a provision for paying half the expense of
taking the cessas in the inter me*
diate five years, bat there te no
law that would give even
a semi-official character to a census at any
other time. For any purposes of substan
tial justice involved the returns of the
legal votes cast at the last election are not
merely as good, bat even better than any
national census. In the case of Montana
it shows that we have the necessary popu
lation and a great deal larger proportion of
that part of the body politic whose p er
aonal rights are involved in statehood and
whose strong arms support and defend a
State. _____________
Oue Democratic neighbor speaks of the
"voiceless representation" of the Terri
tories in Congress. Voteless represent»»
tion wonld be more to the point. Wasn't
the voice of Delegate Toole heard in the
House the other day urging the admission
of Montana?
Charles E. Boyle, Head of the Su
preme Court of Washingtou
Territory, Dies at
Seattle, W. T, December 15.—[Special
to the Herald.]—Chief Justice Charles E,
Boyle, of Washington Territory, a native of
Uniontown, Pa, died at the Occidental
hotel here of poeumonia at 7 a. m. to-day.
He arrived here November 18, having just
been commissioned by President Cleveland.
He held his first hearing on November 22.
He was sick about a week. The doctors
mistook his complaint tor quinsy until to
day, and he was given up at 1:30 p. m. He
was appointed as successor to the late R.
A. Jones, of Rochester, Miun. He was 55
years old, and was in the Forty-seventh
and Forty-eighth Congress from Pennsyl
The Salt Lake Tribune of Saturday pub
lishes au interview with every Federal
official in Utah, and there is uot one who
approves of the action of the Democratic
cancus in voting to introduce a bill for the
admission of Utah as a State. Some few
are non-committal, but nearly all are out
spoken in opposition. Those who know
the most of the Mormons think the worst
of them. It is a question deeper ^than
politics. Utah as a State would be a dis
grace to the country and a curse to the
party dishonored by its alliance. Nearly
all the lauds capable of cultivation have
already been occupied by Mormon«. Only
52,000 acres were entered last year.
Boulanger in expressing sympathy for
De Lesseps on the failure ot' the l'auama
canal scheme seeks to secure for himself
another powerful contingent to favor his
ambition to be President of the French Re
public. He promises that the canal scheme
shall have direct aid from the government
if he is at the head of affairs. This of it
self is as mach as to say that he expects to
be dictator. He has further expressed
himself as in favor ot the abolition of the
Senate. That such a man as Boulanger,
who has never showu any capacity for
either civil Or military affairs should as
pire to become the head of the French na
tion, almost necessarily suggests the idea
that he is a puppet in the hands of the
royalists or Bonapartists. The only sensi
ble thing in Boulanger's policy is that it is
pacific towards Germany. But he must
know that any such action as he proposes
in aid of the Panama caual scheme would
be a direct violation of a pledge from
France to the United States, of which we
should be bound to take notice.
It is one of those things that have loDg
been recognized as necessary that the num
ber of trustees for the larger districts
should be increased. Snch amendments
have been proposed in a succession of legisla
tures, bat there has been found great diffi
culty in adapting any amendment to the
existing law and to our special wants. We
believe the only way to reach aud remedy
the evil will be to provide for the organi
zation of independent school districts in
places where the population exceeds 5,000,
and allowing the control of school affairs
within such districts by a board composed
of members from each ward. The general
law that we bave te a good oue, but it
fails to provide suitable representation in a
place of the size of Helena.
The latest from Washington indicates
that if a bill for the immediate admission
of South Dakota and Montana could be
brought to a vote it would readily pass the
House, but with this expression of favora
ble sentiment comes this discouraging an
nouncement that there is no way to get
such a measure before Congress. Neither
the Committee on Territories nor the
Speaker favors the move, and it is conceded
that it has no chance against their active
opposition. Meanwhile this queition of
the admission of new states is fast coming
to the front iu aad out ol Congress, aud
public opinion is forming that will soon
command action.
It appears that the press and people of
country are all off wrong about the in
efficiency of the mail service under the
Cleveland administration. Our esteemed
contemporary, the Independent, strongly
intimates as much. It says:
"If the grumblers will consider how
many letters reach their destination
promptly for every one that is delayed or
missent they will wonder at the efficiency
of the service."
We think the new éditer will not be
accepted as a competent witness by the
West and Northwest. We surmise he will
speak differently after a few months resi
dence in Montana. _
Reasserting the Monroe Doctrine»
Washington, December 19.—In the
Senate Edmnnds introduced and had re
ferred to the committee on Foreign Rela
tions the following:
Resolved: Tnat the Government of the
United States will look with serious con •
cera and disapproval upon any connection
of any European government with the
construction or control of any ship cana 1
across the Isthmus of Dariea, or across
Central America, and most regard any such
connection or control as injurious to the
just rights and interests of the f nited
States, and]as!a menace to their welfare.
Resolved, That the [President of the
United State» be requested to communicate
this expression of the views of Congress to
the governments of the countries ot
Europe. ___
Chief Justice.
Washington, December 19.—The Presi
dent sent to the Senate the nomination of
Thomas Barke, of Washington Territory,
to be Chief Justice of the Supreme Court
of the Territory vice Chas. E. Boyle, e
ceased. _ _ ____
Death of a Venerable Pastor.
Cincinnati, December 19.—Rev. Isaac
Errett, of the Christian church, one of the
best known divines, died this morning at a
very advanced age. He was a life-long
friend of President Garfield and editor of
the Christian Standard.

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