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SIX FEfiNTfl LEGISLATURE.
Twenty-fifth l>av--February ' Council. Council called to order at 10 o'clock pur suant to adjournment. President in the chair. Quorum present. Bickford and Thompson, of Deer Lodge, absent. PRESENTATION OP PETITIONS. Kennedy presented a petition from citi zens of Silver Bow county asking for the assage of a bill to establish a system of voting such as is represented in C. B. Xo. 8. The petition was referred to the committee on elections. Olds pre-emed a remonstrance from the people of Madison, protesting against hav ing part of Madison transferred to Gallatin. It was refemd to special committee of Madison and Gallatin mombers. REPORTS OF STANDING COMMITTEES. Kennedy, chairman of committee on en rollment, to whom was referred C B Xo. 6, an act to define and establish the boundaries ot Beaverhead, Missoula, Deer Lodge and Silver Bow counties, reported it had been presented to the Governor tor his signature at 3:30 ou February 6, 1889. Hatch moved to take a recess until 2 o'clock. Thompson, of Deer Lodge, put in appear ance at this >ime and as ne had some bills which could be considered under the head ot "Unfinished Business," Hatch withdrew his motion to take a recess until 2 o clock. Go Motion of ibe President Council took a recess lor ten minutes. Council resumed. Thompson, ol .Silver Bow. chairman of the committeeon ways and means, reported that C. B. Xo. 26, an act to prohibit certain gambling games and fixing the penalty for the violation thereof, bad been examined and recommend its passage without amend ment. It was passed to general orders. Keuuedv, under suspension of rules, in troduced C C K. Xo 2, to adjourn from Thursday, Feb. 7, until Monday, Feb. II, at 2 o'clock. It was read first time and on motion of Kennedy the rules were suspended. Res olution was read third time and placed ou final passage. It was passed by the follow ing vote: Ayes 7, nays 2. Under suspension of rules a message from the House announciug the transfer and re'urn of bill to this budy was read. H. J. K Xo. 5, for the relief of the mem bers of .School Text Book commission was read first time in full and second time by title and referred to the committee on edu cat ion and labor C B. Xo. 15 having passed the House by a unanimous vote and returned to the Council, was referred to the comiautee on enrollment. CONSIDERATION OF GENERAL ORDERS. Council went into a committee of the whole, with Ulds in the chair, to consider C. B. Xo 26, an act to consider certain gambling games and fixing the penalty for the violation thereof. Hoffman moved it be read by sections. After some discussion on the part of Middleton, Kennedy, Thompson, of Silver Bow, the first section was adopted with amendments, so that faio, euchre, whist, Borton, seveu up and hearts can be played. Thompson, of Silver Bow, moved when the coiumittee arise the bill be reported back to the Council with the recommenda tion that it do pass as amended. Carried. On motion of Middleton the Council arose. arose. Council resumed, president in the chair. Olds, chairman of committee of the whole, asked further time to make his re port. Granted. Kennedy moved to take a recess until 2 o'clock. Carried. Council met at 2 o'clock. Quorum present. Olds, chairman of committee ot the whole, who considered C. B. No. 26, re ported it back with amendments aud as amended recommended its pasasge. Carried. Thompson, of Silver Bow, moved the adoption of report with amendments, and referred to the committee on engrossment. PRESENTATION OF PETITIONS. Kennedy presented a petition from Jef ferson and Fergus, asking for the passage of C. B. No. 8, to establish a system of elections. Referred to committee on elections. REPORTS OF STANDING COMMITTEES. Hoffman, chairman of the committee on education and labor, to whom was referred the report of the school text book commis sion, made the following report: Mr. President: —Yonr committee on education and labor, to whom was referred the report ot the school text book com mission, as required in sections 1938, 1939 and 1940, of the school law of Montana, beg leave to report that they have had the same under consideration and respectfully submit the following : Yonr committee recognize the necessity which exists lor a change in the present series of text books now in use in the Ter ritory, and believing the suggestions of the said text book commission in general as to the particular series of text books to be now adopted, aie for the beet interest of education in the Territory, recommend the adoption of said report with the following exceptions: Strike out Green ( s Elementary Grammar aDd Shonp's Speller and insert Barnes' No. 1 Language Lessons. It was placed on general orders. INTRODUCTION of bills. Bickford introduced C. B No. 32,a bill en titled an act to amend sec. 1305, 5th Divis ion Compiled Statn tes, relating to exemption from jury duty. Was read first and sec ond times aud referred to the committee on printing; also, C. B. No. 33, an act entitled an act to amend sections 898 and 900, 5th Division Compiled Statutes, relating to the duties of Connty Surveyors. Read first and second times and referred to the print ing committee; also passage of C. B. No. 11, with amendments as made by the Honse, was read. Bill with amendments was re ferred .o General Orders. C. T. M. No. 7, relating to selling of mineral lands to aliens, having passed the Honse and returned to the Council with amendments, was read and on motion of Thompson, of Deer Lodge, the amend ments made by the Honse were concarred in. The memorial was referred to the com mittee on enrollment. GENERAL ORDERS. Council went into a committee of the whole with Hatch in the chair to consider the report ol school text book commission. Kennedy moved when in committee the report be reported back to the Council with the recommendation that it be filed. C. B. No. 11 was the next bill lor con sideration and was read with amendments as made by the Honse and was adopted with some of the amendment« while others were concurred in. Middleton moved when the committee arise the bill be reported back with the recommendation it do pass. Carried. THE GAMBLING BILL. The Council resumed and C. B. 26, the substitute for Hnnt's anti-gambling bill, came np for third reading. The bill was read and the clerk began to call the roll, when it was discover«! that Kennedy, of Jefferson, had absented himself from the chamlier. His disappearance was sudden and the Council looked upon it suspicious ly. The President sent the Sergeant-at Hter the absentee, who was soon ^ seat. President \then said: The gentle Ar>' man from Jefferson must vote on the bill unless otherwise excused by uuanimous consent of the Council Kennedy—I ask to be excused from vot ing on this measure as my vote will cot no figure in its final result. I disapprove of the bill, believing it to be practically worthless; it is too much of a milk and water affair. Brown (excitedly)—Let him face the music; if the bill is a milk and water affair the gentleman will at least have a hand in the whey. We are here to our duty; either pass or reject a bill, and if the hill does not sait the gentleman let him vote "no." Thompson, of Deer Lodge—I insist upon every member voting. It may not be very pleasant at times to go on record, but it is our duty to do it, and we cannot shirk it. Middleton—Before I would refuse to vote I would send Id my resignation and go home and tell the people 1 did not have the nerve to represent them. I doubt whether my vote on this bill will pleasesome of my friends, yet I believe it to be my duty to do so, and I will not swerve there from. The gentleman from Jefferson shonld place himself on record, and if he disapproves of the bill let him vote "no." Kennedy—The gentlemen present do not seem to know me when they question my courage. I believe I have gone on record before on legislative matters well known to the people of the Territory. I have the right as a legislator to assail a bill if I do not think it a proper one. Mr. President—Mr. Kennedy, objection is made to excusing you from voting. Kennedy—I vote "no." The vote then proceeded and the bill was passed by a vote of nine to two, Kennedy and Bickford voting against it, Collins ab sent Adjourned. House. House met at 11 o'clock. Hunt, from tbe judiciary committee, re ported C. B. 16, relating to attachments in justices' courts, with recommendation that it do not pass. Placed on general orders. Rea, from committee ou elections and territorial affairs, reported H. B. 13, for the protection of fish in Montana streams, without recommeudatioD. Placed on gen eral orders. H. B. No. 18, Moore's registration hill, was reported,correctly printed ami referred to the committee on territorial affairs. Notices of bills were given as follows: By Moore, to repeal all laws relating to the creation of a school text book commis sion. By Murray, a bill for an act to prohibit gambling. C. J. R. No. 9, providing for the adjourn ment of the legislature from to day until next Monday, was read. Blakely moved that the rules be suspended and the resolu tion passed at once. Hunt moved to amend by laying the resolution on the table. Amendment carried by a vote of 11 to 9. C. B 11, to amend the law relating to county attorneys, was read third time as amended and passed by tbe following vote: Ayes—Fiowers, Garrett, Gillette, Haskell, Hunt, Johnson, Joslyn, Moore, Mnrary, Pickman, Rea, Roberts, Saxton, Swiggett, Waite, Mr. Speaker—16. Noes—Blakely. Carver, Comfort, Cong don, Davis, Jones Willis—7. C. B. 17, fixing the time when acts and resolutions shall take effect, was referred to the committee on elections and territorial affairs. C B, 1, for a territorial board of inspec tion of steam boilers and licensing of sta tion of steam boilers and licensing of sta tionary engineers, was referred to the com mittee on territorial affairs. H. B. 26, to amend Chapter 22, Fifth Di vision Compiled Statutes, was introduced by Congdon. Read by title and ordered printed C. J. M. 7, as amended by the Honse, re lating to the sale of lands to aliens, was read third time and passed by unanimous vote. General orders were postponed until this afternoon and the House, on motion of Rea, took a recess until 2 o'clock. Honse. On resuming at 2 o'clock the House was called to order by the speaker and at once went into committee of the whole. Waite in the chair. Council bill No. 16, amending Sections 181 and 183, Fifth Division Code of Civil Procedure, relating to attachments was considered with the result that the report of the jadiciary committee that the bill do not pass was carried. The Honse next considered Pickman's bill, for the protection of fish in the streams of Montana. It was relegated to a select committee of five, consisting of members from Beaverhead, Missoula, Jefferson and Gallatin conn ties. The Honse resumed and devoted some time to adjournment as provided in the Council resolution, finally deciding to meet to-day at the usual hour and adjourned. Twenty- sixth Day--February 8th. Council. MORNING SESSION. Council called to order at 10 o'clock. No quorum present. Olds moved to adjourn until to-morrow morniog. Seconded by Bickford. Car ried. Honse. Hunt moved the rales be suspended and H. B No 2, relatin g to city treasurers, be read first and second time by title. Car ried. Referred to printing committee. H. B. No. 28, a bill for an act to repeal all acts creating a school text book com mission. Referred to printing committee. The gentleman from Caster asked leave of abeence for Johnson. Granted. The gentleman from Dawson asked leave of absence for the enrolling and en grossing clerk. Granted. Hant gave notice of introduction of a bill to amend Section 4 of an act concern ing stenographers of the District Courts. Hunt moved to take a recess until 2 o'clock. Carried. Council bill No. 17, which refers to the time when acts and resolutions shall take effect, was reported with amendment and the recommendation that aa amended the bill pass. , The honse resolved into a committee of the whole, Swigget in the chair. Council bill No. 16, relating to attach ments, was reported with the recommenda tion that the bill do not pass. Honse bill No. 13, relating to the protec tion of fish, was referred to a select com mittee. Council bill No. 13 relating to tbe legal rate of interest, caused a momentary breeze. Haskell proposed to amend by making the rate of interest ten instead of eight per cent. Mantle opposed the amendment. If adopted it wonld virtually leave the law as it now stands. Roberts moved to amend by striking ont tbe enacting clause. Mantle said it seemed to him that the time had come when it wonld be well for the Territory to adjnst its rates of interest to a new condition of affairs. The law as it stood permitted the borrower or lender of money to make any agreement as to rates of interest mntnally satisfactory. The law proposed affected chiefly judgments, and reached a class of men who had been unfortunate in business. He thought it wonld be well to give the unfortunate class of debtors the benefit of a reduced rate. Joslyn saw the question in a different light. The proposed measure chiefly affected the merchants of the Territory. The rate of interest charged by the banks was 1 per cent, a month. If a merchant, as was often the case, had to pay for bank ing accommodation 1 per cent., be didn't see why, after getting a judgment against a debtor, which cost from $25 to $100, the judgment should only draw 8 percent, per annum. Haskell opposed the bill, which was finally lost by a 9 to 7 vote. H. B. No 12, to enable towns and cities to incur indebtedness, next received atten tion. Davis thought the bill should be re ferred to a select committee, as it chiefly affected the towns of Helena and Butte. Hunt stated that the bill simply author ized a city desiring to increase its indebt edness to submit the proposition to a vote of the qualified electors of such city. The bill had been recommended to him by the City Council of Helena, which desired to extend its sewerage system. The bill was favorably recommended. The House resumed and adopted the re port of the committee of the whole. C. B No. 17 was ordered engrossed. Joslyn suggested that the sergeant-at arms be instructed to ventilate the cham ber of the House as soon as a recess or ad journment had been taken. The chair called the attention of the official to the matter, and after a brief discussion the House adjourned till Monday at 2 o'clock p. m. Twenty-Eighth Day--Feb. 11. Coil ncil. MORNING SESSION. Council met at ten o'clock. Olds, of Madison, in the chair. No quorum pres ent. On motioD of Bickford, recess was taken till two o'clock p. m. AFTERNOON SESSION. Couucil came to order at 2 o'elook, Presi dent in tbe ctiair. Quorum present. Col lins and Middleton absent. Prayer by the Chaplain. Minutes of the twenty fifth, twenty sixth and twenty-seventh days were read and adopted Hatch asked leave of absence for Middle ton, which was granted. PRESENTATION OF PETITIONS. Kennedy presented petition from citizens of Madisou and Silver Bow, asking for the passage ot a bill to provide for the estab lishment of a new mode of election. Referred to the committee on elections. Bicktord presented a petition from the citizens of Missoula asking the Legislature to pass a bill to close saloons, from 12 o'clock Saturday, until 12 o'clock Sunday. Referred to committee on education aud labor. REPORTS OF STANDING COMMITTEES. Hoffman, chairman of committee on edu cation and labor, reported H. J. R. No. 5, had been examined and report it hack with the recommendation that it do pass. Report passed to general orders. Thompson, ol Deer Lodge, chairman of committee on printing, reported C. Bs. Nos 29, 28, 29, 31, 32 and 33 bad been ex amined and lound correctly printed. C B. No. 27 was referred to committee on public lands, C. B. No. 29- to printing committee, C B. No. 31 to agriculture and manufacturers C. B. No 32, to judiciary committee, and C. B. No. 33, to federal relations; be also made report of committee on engrossment that C. B. Nos. 19 and 20 had been ex amined and found correctly engrossed. Passed to third reading of Council bills. MOTIONS AND RESOLUTIONS. Bickford introduced a resolution to ex tend the sympathies of the Council to the bereaved widow and children ot Major W. J. McCormick. Read first time and adopt ed by a unanimous vote. President Cole introduced C. C. R. No. 10, to provide for the adjournment of the Legislature on the 25th day of February at 12 o'clock, noon of said day. Read first and second times and referred to the committee on ways-and means. Message from the House announcing the notices and introduction of bill aDd loss of C. B. No. 16, by a unanimous vote was read and filed by the chief clerk. read and filed by the chief clerk. THIRD READING OF COUNCIL BILLS. C B. No. 19. an act to amend section 242 and 246 of the 4th Division, Compiled Statutes, relating to vagrants, was read third time and placed on final passage. It was passed by tbe following vote: Ayes 10, nays 0. Title agreed to. C. B. No. 20, an act to amend section 255 1st division, Compiled Statutes, relating to formation of juries, was read and placed on final passage and was passed by unanimous vote House. TEN PER CENT OR EIGHT PER CENT. The House discusses the mach discussed interest bill again. The Honse did not convene nntil two o'clock in the afternoon at mhich time all members were found to be present ex cepting Whitney and Waite. The early part of the session was occopied in routine matters relative to the reading of divers bills of both House and Council. Garrett of the committee on engrossment reported correctly engrossed C. £. No. 12. Congdon reported correctly printed H. B's. 17, 23. and 25 * H. B. 23, for appointment of probate clerk was referred to the committee on ways and means. H. B. 25 was referred to judiciary com mittee. H. B. No. 25. entitled an act to amend the 4th Division Criminal Laws, was re ferred to the judiciary committee. Willis gave notice of introduction of bill for amendment of license relative to retail liquor sellers. Haut gave notice that he would intro duce a bill relative to amendment of mort gage law. H. B. 12, an act to enable certain towns to incar indebtedness, read third time and passed by a vote of 17 to 2. The Council bills, relative to fixing legal rate of interest on money loans in default of specific agreement at 8 per cent per annnm, came np for third reading and pas sage. A discussion arose as to the fixing of the rate of interest at either 8 or 10 per cent. Davis said his recollection was that a motion was carried by eight to seven fix ing the rate of interest at 10 per cent. Saxton then took tbe chair and Mantle said 'hat he thought the bill onght to pass reducing the legal rate of intereet. The rate of 10 per cent, was too high. He did not know of any State or Territory where tbe rate of intereet was so great. It bears upon those who can least afford to pay it. The bill did not interfere with any agreement between parties. It appertained mainly to interest on judgments, and no man is going to allow a judgment to be ren dered against him if he can afford to pay the claim. It ought not be that he wonld be forced to pay more than 8 per cent. Haskell, of Dawson—It is not a question as to whether they would vote on 8 per cent, or 10 per cent., bat whether the work in the committee of the whole shonld go for naaght. The committee of the whole, by a vote of 9 to 7, determined that the 8 per cent, bill shonld not pass. The clerk had been instructed by amendment to in sert the word ten instead of eight. Mantle replied that to insert the word ten was useless, because the law, as it now stood, was 10 per cent. If the word ten had been inserted it would be the same thing as not having any bill at all. Mantle then moved that the word ten be inserted and Hant seconded. Davis asked if an amendment could be made upon the third reading of the bill. This brought forth another wrangle, and at the time of going to press the fight was still being waged. Twenty-ninth Dav--February 12. Council. MORNING SESSION. Council was called to order at 10 o'clock, pursuant to adjournment. Quorum pres ent. Prayer by chaplain. Minutes of yesterday's session were read and approved. PRESENTATION OF PETITIONS. ' Kennedy presented petitions from citi zens of Chotean and Cascade asking for the passage of the Australian system of voting as represented in C. B. No 8. Received and referred to the committee on elections. A petition from the W. C. T. U. for the establishment of a reform school in the Tenitory of Montana was received, read, and referred to the committee on education and labor. REPORTS OF STANDING COMMITTEES. Kennedy, chairman of tbe committee on enrollment, reported C. B. No. 4, concern ing to allow women to practice as attor neys-at-law, C. B. No. 11, relating to the duties of connty attorneys, C. B. No 15, relating to the office of police magistrate, and C. C. R. No. 7, relating to sale of min eral lands, have been carefully examined and found correctly enrolled. Thompson, of Silver Bow, chairman of committee on Public Lands reported C. B. No. 27, relating to parties occupying pub lic domain and without amendments re commended its passage. Referred to Gen eral Orders. Thompson, of Silver Bow, chairman of committee on Ways and Means reported C. C. R No. 11, relating to adjournment on 25th iust, recommend to majority of com mittee that it do pass. Referred to Gen eral Orders. Hatch, chairman of committee on Terri torial Affairs reported H. B. No. 3, for the better protection of fish aud game and to create the office of fish and game warden, had been carefully examined and by a ma jority of tbe committee recommend its passage. Referred to General Orders. Conrad, chairman of committee on Glaz ing and Stock raising, to whom was re ferred communication of the Governor nominating Halloway for veterinary surgeon had examined the same and recommend that the nomination be confirmed. Referred to general orders. • NOTICES. Middleton placed before the Council a communication from Hon. J K. Toole to the chief clerk touching on the subject of placing the Fort Ellis reservation for a Territorial College aud a copy of the bill introduced by him in Congress to this effect, Thompson, of Silver Bow, moved it he referred to the judiciary committee with instructions to the view of the Conncil on this bill. Middleton moved to amend the motion by referring it to general orders, but his motion was lost. Thompson's motion was carried and it was referred to the judiciary committee A message from the Hous^ was received aiiuounciug that C. B. No^l7 had been amended and with amendments had passed the House, and that C. B. No. 15, w T ith amendment, had been indefinitely positioned; also passage of H. B. No. 12, an act to enable certain cities to incar in debtedness. H. B. No. 12 was read first and second time and referred to the committee on towns and counties. C. B. No. 17, which was returned with amendments, was resd and referred to general orders. it general orders. THIRD READING OF HOUSE BILLS. H J. R. No. 5, relating to the relief of the members of the school text book com mission, was read third time passed by a unanimous vote. MESSAGE FROM THE GOVERNOR. Gentlemen of the Legislative Assembly: I have the honor to inform you that I have on this day approved and signed the bill which originated in your body and is C. B. No. 6, entitled "An act to permanently fix and determine certain boundary lines and corners between Deer Lodge, Missoula. Silver Bow and Beaverhead counties; and to provide for the appointment of com missioners to determine the same." Respectfully, P. H. Leslie. Received and filed. GENERAL ORDERS. Council went into a committee of the whole with Kennedy in the chair to con sider H. B. No. 8, an act to provide for the paying of bounties on certain stock-killing animals. Thompson, of Silver Bow, moved that the bill be considered by sections. Carried. This bill caused some little discussion on the parts ot Hoffman, Cole, Thompson, of Deer Lodge, and Middleton. Hoffman made an amendment to pot "squirrels" on the bounty list. Middle town stated be didn't know what animals they coaid kill and said that he did not know of a certain justice in Montana who coaid punch a hole an inch in diameter in a squirrels ear. On motion of President Cole the word and figure $1.25 be stricken ont and the word and figure $2 be placed in their place so as to raise the bounty on wolves and coyotes. Middleton moved the committee arise and report progress and ask leave to sit again. Carried. Kennedy, chairman of joint committee on enrollment presented the following bills to the president for his Signatare, C. B. No. 4, C. B. No. 11, and C. B. No. 15, C. J. M. No. 7. They were duly signed. On motion of Bickford the conncil took a recess nntil 2 o'clock. AFTERNOON SESSION Brown, chairman of the committee on agriculture and manufactures, reported C. B. No. 31, an act relative to gates and bars, with recommendation that it do pass. Re ferred to general orders. Conncil went into committee of the whole to consider H. B. No. 4, relating to bounties. Brown said: From time to time Are have had the bounty law on oar statutes. It had been abased beyond computation. It had been so abased that it had scared tbe Governor of the great Territory of Mon tana nearly ont of his boots and had robbed the treasury of $40,000 to $50,000. An extra session of the Legislature had been called to repeal this law, with the result that it had been wiped from the statute books and the right of making bounty laws for the killing of certain animals was relegued to the counties. After this was passed it gave no satisfaction and was finally re pealed altogether. The State of Texas sit uated somewhere sooth of ns, had driven stock np here to graze and then asked ns to make bounty laws and to allow our selves to be taxed to pay these bounties. We have some flocks of sheep in Beaver head connty bnt the herders at night muz zle their dogs and pat oat poison and the reenlt is to-day if yon go down there yon can see carcasses of plenty of cayotes with in a few miles of where I live. Why don't other herders do the same? We have no sheep killed by cayotes now. In my connty there hasn't been $50 dam age to stock. Lots of cayotes are there, bnt we have no property destroyed and yet we are called upon for taxes to pay this bounty law. I am a miner. If I pat np a fenc enclosing 160 acres I wonld be made to pall it down by Sam Word. I am not in favor of it. 1 am opposed to it. Does Sam Word pay anything for the grass eaten by stock ? When cattle are fat they I ch. are driven off to market. They don't pay out one dollar and yet they come in and pass a bounty ask ns to law to protect their stock. The men who have driven their stock to the grazing ground want me to be taxed so as to pay the bounties. I know that while this bounty law was in force men from Texas, Mexico and Brit's l Columbia have brought skins here and collected the bounty on them. I know one man who told me him self he had made $1,600 on bounties on animals brought in from British Columbia Mr. Power favors this bill, bnt had he spent as much nuney in killing wolves and coyotes as he has expended of his valuable time to have this measure brought up there wouldn't be a single wolf or coyote in Chotean county. Hoffman, in a strong line of argument, also opposed the bill. Speeches in favor were made by Bick ford and Mr. Presiddnt. Several amendments not very material were adopted, after which the bill was re ferred to a special committee to remedy an objection to the measure pointed oat by Thompson, of Deer Lodge, consumption of the bounties proposed by stated fees. The committee arose, the chairman re ported, and the president appointed Mid dleton, Hatch and Collins on the special committee. Council then adjourned. The Ilonse. The House convened promptly at ten o'clock, many or the members turning up in their seats with cigars in their mouths and newspapers in their hands and quietly awaiting developments while Speaker Man tle pourod over the pages of a copy of the revised statutes occasionally leaning over the front of his desk to consult with the clerk. Report of the committee on election was read stating that the Hon. F. S. Whitney was entitled to seat from Yellowstone county. Report received and adopted. It was moved that tue chief clerk be directed to wait upon C. J. McConnell and invite him to administer the oath to Mr. Whitney. The motion was carried and Judge McCon nell came forward and proceeded to swear in Mr. Whitney. APPEARANCE OF MR. WHITNEY. Mr. Whitney is in appearance a stout gentleman with a full face and w hiskers ; the front part of his head being bald, and he is lame in one leg, walks with a cane. He appeared in the House without a collar, the only conspicu ous feature of his neckwear being a gold collar button. He held up his hand and took the oath quietly. Speaker Mantle said it was not necessary to introduce Mr. Whitney; he was well known to all the members, and expressed satisfaction that he had so far recovered his health at to be with the Honse. PRESENTATION OF PETITIONS. This was the next business taken up A petition from citizens of Madison county, to attach to Gallatin a part ol the county comprising the watershed of the Tobacco Root mountains and other parts. The as signed reasons for granting the petition was said to be the remoteness from tbe connty seat of the district asked to be de tached. Signed by John Read, and fifty other names. Another petition to to the same effect was attempted to be read, but Hant moved it be dispensed with. Carried. This was followed by another long peti tion hearing twelve names, to the same effect, bnt Swiggett shut this off with a motion as before, which was carried. Still another petition followed, making the fourth, relative to agitation about the Madison county question. This resolution was listened to and the clerk read it entire. A number of communications were read I from individual citizens of the section re ferred to, denying they had signed tbe remonstrance against the proposed change. I Two of those were M. J. Chandler and Thomas H. Clark. Blakely moved that all the matters rela tive to the Madison affair be referred to a special committee consisting of members from Gallatin and Madison counties. Davis wanted it referred to the commit* tee on towns and counties. Moore wanted the contest limited to ten ronnds. Blakely, the mover, conld not see what Lewis and Clark wanted to dabble in the affairs of Madison and Gallatin for. The gentleman had enongh to do to attend to the affairs of his own county. He would withdraw the motion and nominate tbe honorable gentleman to do the business himself. Davis said he wonld willingly accept. The motion was then pnt, a rising vote was taken; nine in favor and thirteen in the negative. Lost. Joelyn then moved that the petitions be referred to tbe regular committee on towns, counties and highways. So ordered. Committee on education, labor and fed eral relations reported on the text book matter. Report received and placed on file. Printing committee reported correctly printed H. Bs. No. 19, 21 and 28. H. B. No. 19, an act to amend 228 code. Referred to jndiciary committee. H. B. No. 28, repeal all laws relating to text book commission. Referred to the jndiciary committee. C. B. Nos. 11 and 4 reported engrossed. Davis asked leave to introduce a bill relative to gambling without having given previous notice. Granted. Congdon asked leave to introduce a bill relative to repealing sections of the code concerning married women. Granted. C. B. No. 19, relating to vagrants and pnnisbment of same, was read twice by title and referred to jndiciary committee. C. B. No. 20, in reference to motion of Jones, was read twice by title and referred to judiciary committee. H. B. No. 29, concerning mortgage, trnst and safe deposit companies, was read twice by title and referred to printing committee and ordered printed. H. B. No 30, licensing retail liqnor sel lers, read twice and referred to printing committee. H. B. No. 31, repeal of certain statutes,« read twice and referred to committee on printing. H B. No. 32, for act concerning married women read twice by title and referred to printing committee. The following bills were signed by the speaker. C. B. No. 4, relating to admis sion to practice of attorney at law. C. B. No 11. C. B. relating to police magistrates. Council joint memorial No. 7, relating to sale of mineral lands to aliens. The Honse then took a recess nntil two ■o'clock. AFTERNOON SESSION. The House convened at 2:50 o'clock. Congdon, of the printing committee, re ported correctly printed H. B.s Nos. 9,15 and 24. No. 9 is to amend Rev. Stat. 1143 and to strike oat a part of No. 1152. Re ferred to committee on elections and terri torial affairs. Number 24 to amend Rev. Stat. No. 1004 ch. 56. Referred to judicial committee. Number 15 to provide for regulating and disciplining Montana National Gnards. Referred to committee on military affairs' Saxton moved a reconsideration of indef inite postponement of C. B. No. 13, provid ing for the redaction of the legal rate of interest from 10 to 8 per cent. Lost by eleven to thirteen. H. B. for relief of A. C. Logan, A. C. Myers and R. H. A. Howey, the text book commission reported back from Conncil as having passed. Referred to committee on enrollment. in in for it or 2 a 1 Rea of committee on elections and terri j tonal affairs reported H. B. No. 8, with the | recommendation that it do pass. The House then resolved itself into a committee of the whole for consideration of the bill by sections as amended. Mr. Murray took the chair and the speaker i I adjonrnment. went on the floor. Moore, the father of the bill, said he had taken for a model the Nevada law, Nevada being like Montana in many ways. The consideration of the bill by sections occupied the attention of the House until At the conclusion of their labors it was moved and carried that the chairman of the committee of the whole be instructed to report back to the Hou-e the amended bill with the further amendments made at the present sitting, with the recommenda tion that it do pass. The House then adjourned. Thirtieth Oay--February 13. Council. Council came to order at 10 o'clock pur suant to adjournment. Brown asked for information as to P. H. Leslie. He said he was known in an offi cial capacity only and thought when he communicated with the Council he should do so officially. Brown, from committee on judiciary, re ported C. B. No 32, an act relating to ex emption from jury dnty, and recom mended passai s. General orders. Also, H. B. No. 12, an act to allow cer tain towns and cities to incur indebtedness, and recommend passage. General orders. Collins, from committee on printing, to whom was referred C. B. No. 29, to regulate printing and purchasing of blank books and stationery in the several counties, re ported the same with amendments and recommended passage. General orders. Middleton, from select committee to whom was referred H. B. No. 8, to provide for the paying o: bounties on certain stock killing animals, with the amendments made in tbe committee of the whole, re ported it back with the recommendation that it do pass with one amendment sug gested by special committee Council went into committee of the whole to consider C. B. No. 27, relating to rights of parties occupying the public do main. This biil brought out a number of good speeches from President Cole, Brown, Mid dletown, Thompson, of Silver Bow and Bickford. Thompson, of Deer Lodge, moved when committee arise, the bill be reported back with recommend that it do pass. The bounty bill, as amended by special committee, passed; ayes, 7; nays, 5. Re ferred for engrossment. Recess till 2 o'clock d. m. House. House met at 10 o'clock promptly, all members present. The Chaplain opened by prayer aud the clerk proceeded to read the minutes. Committee on territorial affairs reported H. B. No. 9, with recommendation that it do pass. Went over under general orders. Bill in reference to shooting large game. Committee of the whole reported on H. B. No. 18, recommended that the bill do pass with amendments presented. Report eceived and amendments adopted. Bill referred to engrossing clerk. Resolution No. 6, of Haskell, providing that Geo. O. Foss be allowed to prepare, at his own expense, a map ot all mineral loca tions, lines and topographical features of Montana. Map to be printed or litho graphed, authorizing clerk to purchase 500 maps at $2 50 each. Such map to be given the sanction of the official map of the Ter ritory. Resolution read twice and referred to the committee on territorial affairs. H B. No. 33, introduced by Comfort, to prevent swine from running at large, read twice and referred to committee on print ing. Haskell moved that 200 extra copies be a Of Interest to Many People. St. Louis, February 13.—The important discovery has been made here that the control of barbed wire patents is not vested in any American firm or corporation, be cause of the device of bat bed wire patented in France to Louis J.tnin, April 19, 1865. Under the United States laws this invali dates the United States patent, and it is claimed may render the patentees liable for past royalties collected. ing. Haskell moved that 200 extra copies be printed. Carried. Report of select committee on H. B. No. 13, relative to fish, recommended that it do not pass. The select committee appointed to con fer with a joint committee of the Conncil on council bill No. 6, reported a substitute with the recommendation that such substi tute do pass. Leave was granted to Haskell to intro duce a joint resolution. Comfort was granted leave to introduce a bill without notice concerning swine run ning at large. Home then resolved itself into commit tee of tbe whole Congdon in the chair,Jand consideration of H. B. No. 9, was then en tered upon section by section. Davis moved to strike oat the word "beaver" in the bill. He didn't think tbe beaver should be protected. In the spring of the year when the ranchmen wanted their ditches clear so they conld get the water, the beaver would build dams across it and stop it np, and if the farmer opened it in the morning he would have to open it the next morning. Blakely said that the beaver building the dams shonld be the very cause of its preservation. The connty was building dams to reservoir water, when the beaver was doing this very same thing. The amendment was lost. Thompson, of Deer Lodge, wanted elk stricken ont. Elk were plentiful, and the Indians wonld kill elk, anc no way could be made to prevent them. Whitney, of Yellowstone, wanted to know if the gentleman meant to say that it was impossible to prevent the Indians from going off the reservation to kill animals. Down in his county the officers arrest In dians who didn't obey the law and he couldn't see why it couldn't be done else where. The Indian had nothing to d with it. Amendment lost. First section adopted. Joslyn wanted the time to kill deer ex tended from the 15th of December to January 1st. Lost. Section 9 adopted as read and amended, 13 to 6. Section 3 adopted as read. Murray moved to amend the fourth sec tion by substituting the provision that any person having in his possession hide or flesh of any of the eonmerated animals, between tbe persecuted dates shall be liable to a fine. This being a new thought not before suggested Haskell said that it ought to be pot in the first section if pot anywhere, as it appertained to that section. So the gen tleman withdrew his amendment and the section passed as also did the fifth and last section. A motion was then pnt and carried to reconsider the first section of the bill. Haskell then introduced an amendment to this section providing that the hav ing in the possession by any person between the periods named the hide or flesh of any of the animals mentioned snch should be presumptive evidence of the party. This was carried by a vote of 17 to 2 and section 1 was adopted. The commit tee aroee and reported back to the house a recommendation that the bill do pass as amended. The honse then took a recess nntil 2 o'clock. j POLITICAL POINTS. i resignations with instructions to file Private Washington advices state that a nomber of the Federal officials of Montana have forwarded to Delegate Toole their the same March 4th. A prominent Democrat is authority for the statement that Secretary Webb stands second to Judge McConnell in the volun tary surrender of his office. Mr. Webb's resignation is said to he in Washington ready to be presented as quick as Cleve land steps out and Harrison steps in. Circulating rumors lead us to believe that a general exodus of Democratic offi cials will follow the ides of next mouth. Those whose political conscience and sell es er by continuance in of fice under a Republican administration are said to include Governor Leslie, Surveyor General Green. Collector of Internal Reve nue Shields, Register Langborn, Marshal Kelley, District Attorney Smith, the sev eral Indian agents, Postmaster Curtiss, aud a number of others Several of the above n re understood to have already forwarded their resignations to take effect as soon as their successors are appointed and quali fied. A Montaniau visiting Washington writes that r. Helena lawyer has requested Dele gate Toole to hold up the ^confirmation of Judge Wade. The lawyer who is r • id to have made this request was hini-elt re cently before our Legislative Council for confirmation, and he particularly wished that Republicans would consent—not ob ject. Moral: Serve no Democrat better than a Democrat would serve a Republican. If reports are trae, numbers of our Hoosier friends are w filing to take office. These are, one aud all, good men, compe tent, deserving and all that. In view of the fact, however, that not a few of them have heretofore fared pretty well in this respect, we presume they will to some ex tent be willing to share the offices with others who are not strictly natives of Indiana, but all the same are good Harri son men. The enahii.ig acts of Congress are gener ally sugar-coated pills. The sugar coating is the grant r.f lands tor various purposes that covers the usurpation of authority to call a constitutional convention. The people of a Territory through their own Legislature can jmt as well call a constitu tional convention without as with the per mission of Congress. If this Congress does not provide for such a convention, certainly our own Legislature should, so that statehood may be just as far advanced as if the omnibas bill went through. The grants of laud can be just as well attended to afterwards, and we may be saye that these grants will not be any less when we have Senators and Representatives to look after our interests. The probability is that each of the Terri tories included in the omnibus bill will call a convention and adopt a constitution and apply with a complete State organization ready to enter npon active life after January 1, 1890. The Legislatures elected at the Mme of the sub mission of the constitution can come to gether, organize, elect Senators and then adjonm till the January following. Our Senators could then be admitted at the opening of the ffist regular session in De cember. It can hardly be done any earlier by any other method. by any other method. IN JOIN r SESSION. The Two Houses Assemble to Count the Electoral Vote. Washington, February 13.—The cham ber of the house presented a lively scene this morning though nothing of a sensational character was expected. The galleries were filled an hoar before noon by a crowd of spectators eager to witness the ceremonies attending the counting of the electoral vote. Besides the speaker's chair was placed one for Senator Ingalic. who, as presiding officer of the senate was to pre side over the joint assembly. At noon the speaker's gavel hashed the ham of conver t&tion and the chaplain made pu appropri ate prayer. After routine business, at 1 o'clock legisla tive proceedings were suspended, and the Senators, filed into the chamber, headed by Capt. Bassett carrying the box containing returns of the electoral college. The representatives remained standing until the senators had taken seats. Then Sena tor Ingalls, seated on the right hand of the speaker, called the joint assembly to order and stated the business before it. The presiding officer then broke the seal of the certificate from Alabama and handed it to Senator Manderson, one of the tellers, who read the documents. The reading of the returns being finally completed, the presiding officer upon re ceiving the result said: The vote for the President of the United States, as delivered to the president of the Senate, is as fol lows: The whole number of electors appointed to vote for President of the United States, is 401, of which a majority l« 201 . Benjamin Harrison, of the State of Indi ana, received for President of the United States 233 votes, and Grover Cleveland, of the State of New York, received 168 votes. In like manner and with the same majority the election of Levi P. Morton, of New York, to be Vice President was de clared, and both were directed to be en tered in the journals of he Senate aud Honse. The joint session then dissolved Blaine for Premier. New York February 13.—Thomas C. Platt returned from Washington, and to a reporter this morning he said : "I wish to say positively, and yon can quote me as authority for the statement, that James G. Blaine has been offered and has accepté the position of Secretary of State. This was accomplished some time ago by corres pondence. Bank Failure. Lynchburg, February 12.— The Bank of Bedford, located at Liberty, ,Va., sua j pended payment this morning.