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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, February 14, 1889, Image 2

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Twenty-fifth l>av--February '
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.
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.
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
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
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
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
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
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.
Thompson, of Silver Bow, moved the
adoption of report with amendments, and
referred to the committee on engrossment.
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
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.
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.
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 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
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
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 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
By Murray, a bill for an act to prohibit
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
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
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
General orders were postponed until this
afternoon and the House, on motion of Rea,
took a recess until 2 o'clock.
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 called to order at 10 o'clock.
No quorum present.
Olds moved to adjourn until to-morrow
morniog. Seconded by Bickford. Car
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
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
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
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
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.
Council met at ten o'clock. Olds, of
Madison, in the chair. No quorum pres
On motioD of Bickford, recess was taken
till two o'clock p. m.
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.
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
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
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.
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.
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
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
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
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 was called to order at 10 o'clock,
pursuant to adjournment. Quorum pres
Prayer by chaplain.
Minutes of yesterday's session were read
and approved.
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.
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.
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
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
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.
general orders.
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.
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."
P. H. Leslie.
Received and filed.
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
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
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.
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
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
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
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
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.
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.
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.
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
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
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
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
H. B. No. 31, repeal of certain statutes,«
read twice and referred to committee on
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
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
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 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
This biil brought out a number of good
speeches from President Cole, Brown, Mid
dletown, Thompson, of Silver Bow and
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 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
Haskell moved that 200 extra copies be
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.
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
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
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
The honse then took a recess nntil 2
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
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
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.
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
Bank Failure.
Lynchburg, February 12.— The Bank
of Bedford, located at Liberty, ,Va., sua
j pended payment this morning.

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