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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, March 07, 1889, Image 4

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FISK BROS. - - - Publishers.
B. E. FISK, - - - - - - Editor
The fall of the Tory Times is too alto
gether terrible to think about.
The overthrow of the Torv government
promises to be as complete as its organ, the
Times. ______
The registration bill is "out of the
woods." It is a law we long have sought
and now have got.
Among the measures for early adoption
by a Republican Congress and administra
tion at an early date is penny postage.
Thebe is something to be remarked in
the healthy condition of our city while
over ao many parts of the country fatal
and wide spread sickness is prevailing. If
this is in any measure attributable to our
better sewerage it will be a strong argu
ment for continuing the work.
The completion of the Rocky Fork rail
road to the Red Lodge coal fields is a mat
ter of congratulation. If these mines
prove as rich and extensive as represented t
they will be of inestimable vaine and
insure cheap and abuudant fuel for our
smelters, furnaces and factories. It will
stay the destruction of our fore its till bet
ter laws can be framed for their preserva
tion. _
Those who oppose Ju V > l >' return
to the bench are unable to agree as to who
should succeed Judge McConnell. One
member of the Helena Bar favors Mr.
Harlow —the same who is reported as cir
culating a paper for signatures at Chicago.
Another member wants lawyer McIntyre,
lately of Benton, now of Helena, ap
pointed. Should Wade's nomination fail,
a spirited fight promises to spring up.
The suggestion of Sir John MacDonald
as possible British Minister to Washington
is one of the wildest rumors afioat. There
is hardly a person that could be named who
would be more unacceptable. If iGreat
Britain wants trouble with this country
she could not get it any more surely than
to commission as her representative the
author of the outrages on our fishing fleet
and the chief manipulator of the Halifax
commission swindle.
Another regretable failure is in the
case of the Union Pacific R. R., which has
been allowed to go over to the next Con
gress. If this settlement were made, that
great corporation would go to work at
once developing its tributary country by
branch roads with increased energy and to
the advantage of the whole country. As
it is now, it is tied up and discredited in
all actions and movements and rendered
incapable of protecting its own interests
and meeting the demands of the country
it was designed to serve.
A RISING YOUNG lawyer of the Helena
Bar speaks highly of Mr. Harlow, as a
young man of fine legal parts and of excel
lent character. Mr. Harlow, however, has
a limited acquaintance here, and has never
appeared professionally in our courts. We
are told he has mostly led the life
of a ranchman for the year or more he has
been in the Territory. We do not know,
except from hearsay, that he claims Mon
tana as his home. One thing is pretty
certain; Gen. Harrison will hesitate a long
time before he will appoint Mr. Harlow
as from Illinois, where he is now reported
getting endorsements for the judgeship he
aspires to. __
If Gen. Harrison declares his purpose
not to be a candidate for re-election, we
are sure that he will adhere to it and not
do as Cleveland did. We hope he will not
make such an announcement, for, though
it might be to his personal credit and give
him greater independence of action, no one
has a right to refuse his services to the
country when the country demands
them. The example of Washington
in holding the position of President
for two terms is a good and safe one. If
the term were extended to six years and
the incumbent were made ineligible by
law, there would be much to say in its be
half. But when the term of four years
draws to a close if the administration has
proved such an one as we expect, giving
peace, prosperity and general satisfaction,
it would be desirable on every account to
continue it.
The last public debt statement of the
expiring Democratic administration shows
an increase of nearly six and a half mil
lions for the shortest month in the year.
But like all the statements of debt decrease
there is a concealment of the truth or a
partial statement of fact. The real debt of
the country that bears interest has been
considerably reduced during the past
«south. It is the amount of surplus in the
treasury alone that is fluctuating from
month to month, but the process of re
deeming the interest-bearing debt goes on
steadily and must be continued till it is all
wiped out It is this interest-bearing debt
payable in gold that is the chief obstacle to
the complete remonetization of silver.
The question who is to be the British
Minister seems to be definitely settled by
the official announcement that Sir Julian
Pauucefort has been definitely selected.
Though not a trained and experienced
diplomat, he is a man of learning in
the law and of acknowledged ability.
The appointment is an acknowledgment
that new ideas of the service of diplomatic
representatives are beginning to prevail
There are no longer court secrets to worm
out by flattery or salaried detectives. Na
tional policy and public opinion are no
longer secrets among the leading nations
and the ministerial office has lost most of
its importance.
We print in full to day from an official
copy the full text of the admission bill,
that so far as Congrees is concerned admits
Montana to the Union of States. As for
the next few months this act of Congress
will be the chart for the guidance of our
political action, everj reader should care
fully preserve it for future reference as
well as present study. It will surprise
every one who reads it, who has followed
the reported changes since its first introduc
tion, to find that every leading feature has
been changed. In its present shape it is no
more like the original of Springer than the
boy's jack-knife after it had a new blade
and handle. But every change was an im
provement, even to the one that leaves the
new constitutional convention at full
liberty to act without restriction to the con
stitution of 1884. If we are to have a con
stitutional convention at all it should be
one of full powers. The old constitution,
having once received the approvalof a large
majority of the people, will doubtless be
readopted and constitute the bulk of the
new constitution. Those who labored so
faithfully and well on the former instru
ment will have the satisfaction of knowing
that their work was not in vain. With
much less time and trouble a better instru
ment will be prepared than could have
been without it.
With ample provisions for the expenses
of the convention to be paid from the na
tional treasury, and a conviction of the
members that their work will stand,
they will have advantages of a sub
stantial kind over those who drafted
the experimental constitution of '84.
A constitutional convention under our
system of government is the highest ex
pression of the political sovereignty of the
people. It has larger powers than those of
an ordinary legislature, for it frames the
fundamental law to control legislative
action, and still its work has no vital power
till the breathe of life is breathed into it
by the popular vote of approval and ac
That the constitution to be framed will
be Republican in form and spirit there is
little room to doubt.
With the prospect of statehood near at
hand it concerns us comparatively little
what Congress may do in regard to remov
the disabilities of alien mine owners. We
shall soon have the power in our own hands
to regulate this matter to suit our
interests. With thousands of mines
which require large capital and experience
to work, it is for the general interest of our
people to accept the offer of capital from
any quarter to aid us in the work of de
velopment. It is for the interest of our
prospectors who discover mines that they
should seek the co-operation of capital in
any part of the world. It is for the in
terest of our miners that the field of their
labors should be expanded as much as
possible. Mines are only valuable
as they are worked. Something of the
fruits of working go abroad, but far the
greater part remains among us, paid out
for purchase money, machinery, improve
ments, wages and freights. If we make
$5 where the alien capitalist makes $1,
surely we are largely the gainers and have
no cause to complain. It adds to our
taxable wealth, increases the demand
for labor, affords improved market for onr
agriculturalists, promotes the construction
of railroads and attracts capital and popula
tion from all parts of the world. There is
nothing alien about wealth. Every
foreign dollar becomes naturalized
the moment it becomes invested in en
terprise on American soil. Money is
cheap and good investments scarce in
Europe, while taxation is inexorable and
omnivorous. We have good grounds to
object to many classes of immigrants, but
we can safely admit the wealth of Europe
to aid in the work of development and re
production here.
The New York Sun says well, that the
only thing that the Cleveland administra
tion has accomplished, is to give a clean,
full bill of health and credit to former Re
publican administrations. The Democrats
believed themselves and had by constant
assertion made many good people believe
that the money was not in the treasury
vaults as reported, and that the books
would show innumerable and immense
frauds and defalcations. To their surprise
and disappointment they found every cent
in the vaults as reported and the books dis
closed no trace of fraud or irregularity.
Billions had passed through the hands of
successive Republican administrations
and the most critical and per
sistent search for any dishonest
ose or application of a single dollar com
pletely failed. Cleveland's retention of a
vast surplus in the treasury has cost the
country millions. It was done for the
unworthy purpose of forcing the country
to accept the Democratic ideas of revenue
reform. It ignominiously failed. The
long, dark, night of Democracy, decay and
despair is about over.
When we recall the administration by
Sparks of the Land Office Department
during most of Cleveland's administration,
the delay, trouble, prosecution and needless
expense heaped upon the heads of the
worthy and enterprising settlers trying to
secure for themselves and families a home
and to transform portions of the wilder
ness waste to fruitful fields, we
cannot feel a pang of regret to
see the fast-approaching end of this
administration. With the narrow views of
eoonomy, distrust of the people, its pusilani
mous dread of foreign powers, we cannot
imagine anything more thoroughly dis
creditable than the domestic and foreign
policy of the present administration. We
envy it even the four days that remain to
it The only glimmer of relief to the re
ceding picture of dar^pess is that which
comes from the passage and approval of the
act admitting four new States, which were
kept out till the last moment.
Children Cry for Pitcher's Castoria.
Provisions of the Act for the Admission
of the "Big Four" Into the
Sisterhood of States
The Elections That Are to Take Place
and What For
State Officers, State Legislature, Repre
sentatives in Congress and U. S.
Senators Before the End
of the Year.
Millions of Acres of Land for Our Public
School Endowment.
Our Judiciarv—Transition from Terri
torial to State Courts.
The Herald prints below the text of
the Territorial Admission act, in all re
spects complete excepting sections or parts
of sections exclusively applying to South
Dakota. The act creating Montana a
State is of interest to all our people and
the Herald is glad to lay the measure be
fore the largest newspaper constituency of
the Territory. The text from which we
print is from the first copy of the ap
proved law received in Montana, for which
the Herald is indebted to its own rep
resentative, James B. Walker, now at the
National Capital :
Section 1. That the inhabitants of
all tbat part of the area of the United
States now constituting the Territories of
Dakota, Montena and Washington, as at
present described, may become the States
of North Dakota, South Dakota, Montana
and Washington, respectively, as herein
after provided.
Sec. 3 That all persons who are quali
fied by the laws of said Territories to vote
for representatives to the legislative as
semblies thereof, are hereby authorized to
vote for and choose delegates to form con
ventions in said proposed States; and the
qualifications for delegates to such con
ventions shall be such as by the laws ot
said Territories respectively persons are re
qnired to possess to be eligible to the legis
lative assemblies thereof; and the afore
said delegates to form said conventions
shall be apportioned within the limits
of the proposed States, in such
districts as rmay be established as herein
provided, in proportion to the population
in each of the said counties and districts,
as near as may be, to be ascertained at the
time of making said appointments by the
persons hereinafter authorized to make
the same, from the best information ob
tainable, in each of which districts three
delegates shall be elected, but no elector
shall vote for more than two persons for
delegates to such conventions; that said
apportionments shall be made by the gover
nor, the chief justice and the secretary of
said territories; and the governors of said
Territories shall, by proclamation, order an
election of the delegates aforesaid in each
of said proposed States, to be held on the
Tuesday alter the second Monday in May,
eighteen hundred and eighty-nine, which
proclamation shall be issued on the fif
teenth day of April, eighty hundred and
eighty-nine; and such election shall
be conducted, the returns made, the
result ascertained and the certifi
cates to persons elected to such con
vention issued in the same manner as is pre
scribed by the laws of the said Territories
regnlating elections therein for Delegates
to Congress; and the number of votes cast
for delegate in each precinct shall also be
returned. The number of delegates to said
conventions respectively shall be seventy
five; and all persons resident in said pro
posed States, who are qualified voters of
said Territories as herein provided, shall be
entitled to vote upon the election of dele
gates, and under such rules and regula
tions as said conventions may prescribe,not
in conflict with this act, upon the ratifica
tion or rejection of the constitutions.
Sec 4 Tbat the delegatee to the con
ventions elected as provided in this act
shall meet at the seat of government of
each of said Territories, except the dele
gates elected in Sonth Dakota, who shall
meet at the city of Sionx Falls, on the
fourth day of July, eighteen hundred and
eighty nine, and, after organization, shall
declare, on behalf of the people of said pro
posed States, that they adopt the consritn
tion of the United States; whereupon the
said conventions shall be, and are hereby,
authorized to form constitutions and State
governments for said proposed States, re
spectively. The constitution Bhall be re
publican in form, and make no distinction
in civil or political rights on account of
race or color, except as to Indians not
taxed, and not be repugnant to the consti
tution of the United States and the princi
ples of the Declaration of Independence.
And said conventions shall provide by or
dinances irrevocable without the consent
of the United States and the people of eaid
First. That perfect toleration of relig
ions sentiment shall be secured, and that
no inhabitant of said States shall ever be
molested in person or property on account
of his or her mode of religions worship.
Second. That the people inhabiting said
proposed States do agree and declare that
they forever disclaim all right and title to
the unappropriated public lands lying
within the boundaries thereof, and to all
lands lying within said limits cwned or
held by any Indian or Indian tribes; and
that until the title thereto shall have been
extinguished by the United States, the
same shall be and remain subject to the
disposition of the United States, and said
Indian lands shall remain ander the abso
lute jurisdiction and control of the Con
gress of the United States; that the lands
belonging to citizens of the United 3tates
residing without the said States shall never
be taxed at a higher rate than the lands be
longing to residents thereof; that no taxes
shall be imposed by the States on lands or
property therein belonging to or which
may hereafter be purchased by the United
States or reserved for its use But nothing
herein, or in the ordinances herein pro
vided for, shall preclude the said States
from taxing as other lands are taxed any
lands owned or held by any Indian who
has severed his tribal relations, and has ob
tained from the United States or from
any person a title thereto by patent or
other grant, save and except each lands as
have been or may be granted to any In
dian or Indians under any act of Congress
containing a provision exempting the lands
thus granted from taxation; bat said ordi
nances shall provide that all such lands
shall be exempt from taxation by said
States so long and to such extent as such
act of Congress may prescribe.
Third. That the debts and liabilities of
said Territories shall be assumed and paid
by said States, respectively.
Fourth. That provision shall be made
for the establishment and maintenance of
systems of public schools, which shall be
open to all the children of said States, free
from sectarian control.
Sec. 8. That the constitutional conven
tion which may assemble in South Dakota
shall provide by ordinance for re-submit
ting the Sioux Falls constitution of
eighteen hundred and eighty-five, after
having amended the same as provided in
section five of this act, to the people of
South Dakota for ratification or rejection
at an election to be held therein on the
first Tuesday in October, eighteen hundred
and eighty-nine; but if said constitntional
convention is authorized and required to
torm a new constitution for South Dakota
it shall provide for submitting the same in
like manner to the people of Sonth Dakota
for ratification or rejection at an election
to be held in said proposed State on the
said first Tuesday in October. And the
constitutional conventions which may as
semble in North Dakota, Montana and
Washington shall provide in like manner
for submitting the constitutions formed by
them to the people of said proposed States,
respectively, for ratification or rejection at
elections to be held in said proposed States
on the said first Tuesday in October. At
the elections provided for in this section
the qualified voters of said proposed States
shall vote directly for or against the pro
posed constitutione, and for or against any
articles or propositions separately sub
mitted. The returns of said elections shall
be made to the Secretary of each of said
Territories, who, with the Governor and
Chief Justice thereof, or any two of them,
shall canvass the same; and if a majority
of the legal votes cast shall be for the con
stitution the governor shall certify the re
sult to the President of the United States,
together with a statement of the votes cast
thereon and upon separate articles or propo
sitions, and a copy of said costitntion, arti
cles, propositions and ordinances. And if
the constitutions and governments of said
proposed States are republican in form,
and if all the provisions of this act have
been complied with in the formation there
of, it shall be the duty of the President of
the United States to issue bis proclamation
announcing the result of the election in
each, and thereupon the proposed States
which have adopttd constitutions and
formed State governments as herein pro
vided shall be deemed admitted by Con
gress into the Union under and by virtue
of this act on an equal footing with the
original States from and after the date of
said proclamation.
Sec. 9. That until the next general
census, or until otherwise provided by
law, said States shall be entitled to one
Representative in the House of Representa
tives of the United States, except Sonth
Dakota, which shall bs entitled to two; and
the R- presentatives to the Filty-first Con
gress, together with the governors and
other officers provided for in said constitu
tions, may be elected on the same day of
the election for the ratification or rejec
tion of the constitutions ; and until said
State officers are elected and qualified un
der the provisions of each constitution and
the States, respectively, are admitted into
the Union, the Territorial officers shall
continue to discbaige the duties of their
respective offices in each of said Terri
Sec. 10. That upon the admission of
each of said States into the Union sections
numbered sixteen and thirty-six in every
township of said proposed States, and
where such sections, or any parts thereof,
have been sold or otherwise disposed of by
or under the authority of any act of Con
gress, other lands equivalent thereto, in
legal subdiv sions of not less than one
quarter section, and as contignons as may
be to tbe section in lien of wbich the same
is taken, are hereby granted to said States
for tbe support of common schools, such
indemnity lands to be selected within said
States in snch a manner as the legislature
may provide, with the approval of tbe
Secretary of the Interior: Provided, That
the sixteenth and thirty-sixth sections em
braced in permanent reservations for na
tional purposes, shall not at any time, be
subject to tbe grants nor to the indemnity
provisions of this act, nor shall any lands
embraced in Indian, military, or other res
ervations of any character, be snbject to
tbe grants or to tbe indemnity provisions
of this act until the reservation shall have
been extinguished and each lands be re
stored to, and become a part of, the public
Sec. J 1. That all lands herein granted
for educational purposes shall be disposed
of only at public sale, and at a price not
less than ten dollars per acre, the proceeds
to constitute a permanent school fand, the
interest of which only shall be expended
in the snpport of said schools. Bnt said
lands may, ander such regulations as the
legislatures shall prescribe, be leased for
periods of not more than five years, in
quantities not exceeding one section to any
one person or company; and snch land
shall not be subject to pre-emption, home
stead entry, or any other entry ander the
land laws of the United States, whether
snrveyed or nnsnrveyed, hot shall be re
served for school parposes only.
Sec. 12. That upon the admission of
said States into the Union, in accordance
with the provisions of this act, fifty sec
tions of the unappropriated public lands
within Baid States, to be selected and lo
cated in legal subdivisions as provided in
section ten ot this act, shall be, and are
hereby, granted to said States for the pur
pose of erecting public buildings at the
capital of said States for legislative, execu
tive, and judicial parposes.
Sec. 13. That five per centum of the
proceeds of the sales of public lands lying
within said States which shall be sold by
the United States subséquent to the admis
sion of said States into tne Union, after de
ducting all the expenses inci
dent to the same, shall be
paid to the said States, to be used
as a permanent fand, the interest of which
only shall be expended for the support of
the common schools within said States, re
Sec. 14. That the lands granted to the
Territories of Dakota and Montana by the
act of February eighteen tb, eighteen hun
dred and eighty-one, entitled "An act to
grant lands to Dakota, Montana, Arizona,
Idaho, and Wyoming for university pur
poses," are hereby vested in the States of
Sonth Dakota, North Dakota, and Mon
tana, respectively, if snch States are ad
mitted into the Union, as provided in this
act, to the extent of the fall quantity of
seventy-two sections to each of said States,
and any portion of said lands that may not
have been selected by either of said Terri
tories of Dakota or Montana may be
selected by the respective States aforesaid;
bnt said act of February eighteenth,
eighteen hundred and eigbty-one, shall be
so amended as to provide that none of said
lands shall be sold for lees than ten dollars
per acre, and the proceeds shall constitute
a permanent fand to be safely invested and
Reid by said States severally, and the in
come thereof be nsed exclusively for uni
versity parposes.
Sec. 15. The penitentiary at Deer
Lodge, Montana, and ail lands connected
therewith and set apace end reserved there
for, are hereby granted to the State of Mon
Sec. 16. That ninety thoosand acres of
land, to be selected and located as pro
vided in section ten of this act, are hereby
granted to each of said States, except the
State of Sonth Dokota, to which one hun
dred and twenty thoosand acres are
granted, for the ose and support of agricul
tural colleges in said States, as provided in
the acta of Congress making donations of
lands for snch parposes.
Sec. 17. That in view of the grant of
land for parposes of internal improvement
made to new States by the eighth section
of the act of September fourth, eighteen
hundred and forty-one, which act is hereby
repealed as to the States provided for by
this act, and in lien of any daim or demand
by the said States, or either of them, under
the act of September twenty eighth, eigh
teen hundred and fifty, and section twenty
four hundred and seveuty-niue of the Re
vised Statutes, making a grant of swamp
and overflowed lands to certain Slates,
which grant it is hereby declared is not
extended to the States provided for in this
act, and in lien of any grant of saline lands
to said States, the following grants of land
are hereby made, to-wit :
To the State of Montana : For the es
tablishment and maintenance of a school
of mines, one hundred thousand acres; for
State normal schools, one hundred thou
sand acres; for agricultural colleges, in ad
dition to the grant hereinbefore made for
tbat purpose, fifty thousand acres; for the
establishment of a deaf and dnmb asylum,
fifty thousand acres; for public buildings at
the capital of the State, in addition to tbe
grant hereinbefore made for tbat pnrpose,
one hundred and fifty thousand acres.
That the States provided for in this act
shall not be entitled to any further or other
granting ot land for any purpose than as ex
pressly provided in this act. And the
lands granted by this section shall be held,
appropriated and disposed of exclusively
for the purposes herein mentioned, in such
manner as the legislature of the respective
States may severally provide.
Sec. 18. That all mineral lauds shall
be exempted from the grants made by
this act. Bnt if sections sixteen and
thirty-six, or any subdivision or portion of
, 1 mailest subdivision thereof in any
town nip shall be found by the Depart
ment of the Interior to be mineral lands,
said States are hereby authorized and em
powered to select, iD legal subdivisions, an
equal quantity of other unappropriated
lands in said States, in lieu thereof, for the
use and the bene it of the common schools
of said States.
Sec. 19. That all lands granted in
quantity or as indemnity by this act shall
be selected, ander tbe direction of the Sec
retary of the Interior, from tbe surveyed,
unf urveyed and unappropriated lands of
tbe United States within the limits of the
respective States entitled thereto. And
there shall be deducted from the number
of acres of land donated by this act for
specific objects to said States the number
of acres in each heretofore donated by Con
gress to said Territories for similar objects.
Sec. 20. That the snm of $20,000, or so
much thereof as may be necessary, is here
by appropriated, out of any money in the
Treasury not otherwise appropriated, to
each of said Territories for defraying the
expenses of the said conventions, and for
the payment of the members thereof,
ander the same rales and regnlations and
at the same rates as are now provided by
law for the payment of the Territorial
legislatures. Any money hereby appro
priated not necessary for snch purpose
shall be covered into the Treasury of the
United States.
Sec. 21. That each of said States, when
admitted as aforesaid, shall constitute one
judicial district, the names thereof to be
tbe same as the names of tbe States, re
spectively; and the circuit and district
ccurts therefor shall be held at the capital
of such State for the time being,
and each of said districts shall, for
judicial purposes, until otherwise pro
vided, be attached to the eighth judicial
circuit, except Washington and Montana,
which shall be attached to the ninth judi
cial circuit. There shall be appointed for
each of eaid districts one district judge,
one United States attorney, and one
United States marshal. The judge of each
of said districts shall receive a yearly sal
ary of three thousand five hundred dollars,
payable in four equal installments, on tbe
first days of January, April, Jnly, and Oc
tober of each year, and shall reside in the
district. There shall be appointed clerks
of said coarts in each district, who shall
keep their offices at the capital of said
State. The regnlar terms of said courts
shall be held in each district, at the place
aforesaid, on the first Monday in April and
tbe first Monday in November of each year
and only one grand jnry and one petit
jury shall be summoned in both said cir
cuit and district coarts. The circuit and
district courts for each of said districts,
and the jadges thereof, respectively shall
possess the same powers and j nrisdictiou,
and perform the same duties required to
be performed by the other circnit and dis
trict courts and jadges of the United
States, and shall be governed by the same
laws and regulations. Tbe marshal, dis
trict attorney, and clerks of the circuit and
district coarts of each of Baid districts, and
all other officers and persons performing
duties in the administration of jnstice
therein, shall severally possess the powers
and perform the duties law
fully possessed and required to
be performed by similar officers in
other districts of the United States; and
shall for the services they may perform,
receive the fees and compensation allowed
by law to other similar officers and
persons performing similar duties in the
State of Nebraska.
Sec. 22. That all cases of appeal or
writ of error heretofore prosecuted and now
pending in the Snpreme Coart of the
United States upon any record from the
supreme coart of either of the Territories
mentioned in this act, or that
may hereafter lawfully be prosecuted
upon any record from either of said
courts, may be heard and determined by
said Supreme Court of the United States.
And the mandate of exeention or of fur
ther proceedings shall be directed by the
Supreme Coart of the United States to the
circuit or district coart hereby established
within the State succeeding the Territory
from which such record is or may be pend
ing, or to the supreme coart of such State,
as the nature of the case may
require. And each of the cir
cuit, district, and State courts, herein
named, shall, respectively, be the successor
of the supreme coart of the Territory, as
to all such cases arising within the limits
embraced within the jurisdiction of snch
courts respectively with full power to pro
ceed with the same, and award mesne or
final process therein; and that from all
judgments and decrees of the supreme
court of either of the Territories mentioned
in this act, in any case arising within the
limits of any of the proposed States prior
to admission, the parties to snch judgment
shall have the same right to prosecute ap
peals and writs of error to the Snpreme
Court of the United States as they shall
have had by law prior to the admission of
said State into the Union.
Sec. 23. That in respect to all cases,
proceedings, and matters now pending in
the supreme or district courts of either of
the Territories mentioned in this act at the
time of the admission into the Union of
either of the States mentioned in this act,
and arising within the limits of any snch
State, whereof the circuit or or district
coarts by this act established might have
had jurisdiction under the laws of the
United States had such courts existed at
the time of the commencement of such
cases, the said circuit and district courts,
respectively, shall be the successors of said
snpreme and district coarts of said
Territory; and in respect to all
other cases, proceedings and mat
ters pending in the supreme or district
courts of any of the Territories mentioned
in this act at the time of the admission of
snch Territory into the Union, arising
within the limits of said proposed State,
the coarts established by snch State shall,
respectively, be the successors of said
Supreme and District Territorial courts;
and ail the files, records, indictments, and
proceedings relating to snch cases, shall be
transferred to such Circuit, Disiric , and
State courts, respectively, and the :ame
shall be proceeded with therein in due
course of law; but no writ, action, indict
ment, cause or proceeding now pending, or
tbat prior to the admission of any of tbe
States mentioned in this act. shall be pend
ing iu any Territorial court ia any of the
Territories mentioned in this act,
shall abate by the admission of
any such State into the Union,
but the same shall be transferred and pro
ceeded with iu the proper United mates
circuit, district or State court, as the case
may be: Provided, however, Tnat ia all
civil actions, causes and proceedings, in
which the United States is not a party,
transfers shall not be made to the circuit
and district courts of the United States
except upou written request of one of tbe
parties to such action or proceeding filed in
the proper court; and iu the absence of
such request, such cases shall be proceeded
with in the proper State courts.
Sec. 24. That the constitntional con
ventions may, by ordinance, provide for
the election of officers lor fall
State governments, including mem
bers of the legislatures and Represent
atives in tbe Fifty-first Congress; bat said
State governments shall remain in abey
ance until the State* shall be admitted into
tbe Union, respectively, as provided in
this act. In cate tbe constitution ot any of
said proposed States shall be ratified by
the people, but not otherwise, the Legisla
ture thereof may assemble, organize, and
elect two Senators of the United States;
and tbe Governor and Secretary of Slate of
such proposed State shall certify the elec
tion of Senators and Representatives to
Congress; and when such State is admitted
into the Union, the Senators and Represen
tatives shall be entitled to be admitted to
seats in Congrees, and to ail the rights and
privileges of Senators and Representatives
of other States in the Congress of the
United States; and the officers of the State
governments formed in pursuance of said
constitutions, as provided by the constitu
tional conventions, shall proceed to exercise
all the functions of snch State officers; and
all laws in force made by eaid Territories,
at the time of their admission into the
Union, shall be iu force in said States, except
as modified or changed by this act or by
the constitutions of the States, respectively.
Sec. 25. That all acts or parts of acts in
conflict with tbe provisions ot this act,
whether passed by the Legislatures of said
Territories or by Congress, are hereby re
Forty-Fifth Day--February 28.
MORNING session.
Council met at 10 o'clock, pursuant to
adjournment, President in the chair.
Kennedy, from committee on enrollment,
reported H. B. No. 25, an act prohibiting
minors from frequenting saloons and
gambling bouses, had been presented to tne
Governor for his consideration at 4:30 p. m.
on the 27th inst.
Collins, without previous notice, intro
duced C. B. No. 47, an act to amend Section
1538, Fifth Division Compiled Statutes, re
lating to chattel mortgages. Read first
and second times.
Middleton thought it only amended
about half of the statutes necessary and
moved it be referred to the j udiciary com
mittee to be amended so when printed it
would be a full copy. Carried.
Bickford, having given previous
notice, introduced H. B. No. 48, an
act entitled an act to amend Section
1861 to 1926 incln8ive, 5th Division Com
piled Statutes, concerning public schools.
Read first and second times by title under
suspension of rales and referred to print
ing committee.
Bickford, without previous notice, intro
duced C. B. No. 49, an act relating to the
administration of pnblic schools in in
corporated cities. Read first and second
times and referred to committee on print
A message from the Governor informed
the Coancil that he had approved and
signed C. B. No. 7, entitled "an act to
anthorize counties to bnild free bridges."
A message from the House announced
the passage of the following bills by that
body: H. B. No. 14, authorizing the con
veyance of the dower rights of insane mar
ried women; H. B. No. 16, to establish
the office ot inspector of mines
H. B. No. 20, for an act to prevent the
owners of bottles, boxes and siphons nsed
in the sale of soda waters, mineral or
areated non-intoxicating beverages: H. B.
No. 27, relating to county treasurers; and
H. B. No. 50, relating to the appointment
of a private secretary for the Governor; also
Honse amendments to C. B. No. 35, relat
ing to the establishment of a series of text
books in the pnblic schools, and C. B. No.
22, providing tor the protection of cemetar
ies and remains of the dead.
H. B. 14 was read first and second times
and referred to the committee on judi
cury; H. B. No. 27 read first and second
times and referred to the committee on ter
ritorial affairs; H. B. 20 read first and sec
ond times and referred to committee on
grazing and stock raising; H. B.
No. 50 read first and second times
and referred to the eummittee
on ways and means; and H. B. No. 16, the
mine inspector bill, on motion, suspending
the rales, was read first and second times
by title and referred to the committee on
mines and minerals.
Coancil went into committee of the
whole, with Collins in the chair, for the
consideration of C. B. No. 8, beginning at
section 22. On motion of Middleton, the
section, amended, was adopted.
Bickford moved committee arise, report
progress and ask leave to sit again. Car
Council took a recess until 1:30 o'clock.
Middleton, by leave, introduced Council
bill No. 50, providing for execution, levy
and sale ou certain animals. Read aud or
dered printed.
Brown, by leave, introduced Coancil bill
No 51, an act to amend section 765, fifth
division compiled statutes, relating to ap
appeals from the decisions of county com
missioners. Read and ordered printed.
Coancil went into committee of the
whole for the consideration of Kennedy's
Australian bill, Collins in the chair.
Debate ensued on the amendment»
offered by Middleton and Bickford, which
were opposed by Brown, Tnompson of
Deer Lodge, and others.
A section provides that the act shall
take effect Jane 1, 1889.
On motion it was recommended that
when the committee arise it report the
bill favorably.
Coancil bill No. 38, an act providing for
the recording of mining locations by a dis
trict recorder was read and amended.
Thompson, of Deer Lodge, moved that
when the committee arise it report favor
ably and recommend that, as amended it
do pass.
Coancil resumed. Collins, chairman of
the committee of the whole, reported as
Coancil bills Nos. 8 and 38 were referred
to the committee on engrossing.
Coancil bill No. 40 was referred to the
committee on education and labor.
Adjourned until 10 o'clock a. m., Fri
, House.
The House convened at 10 o'clock ihig
morning. A communication from the
governor was read slating that he had
signed the following bills: H. B. 9, lor the
protection of fish; H. B. 12, to enable
towns to incur indebtedness; H. B. 10, to
provide for compensation of Justices of the
I Peace; H. B. 6. to regulate the practice of
medicine and surgery in the Territory of
The following reports were received and
placed on general orders :
Mines and mineral committee reported
H. B. 34 and recommended that it pass.
Incorparation committee reported H. B.
35, relative to printing and posting city
ordinances, and recommended its passage.
H. B. 48, to regulate the practice of
dentistry, was reported by committee on
military affairs and recommended that it
be indefinitely postponed.
H. B. 42, reported by committee on elec
tions and territorial affairs, recommending
its passage.
H. B. 30, relative to licenses, by ways
and means committee, reported back with
substitute and substitute recommended to
C. B. No. 21, snpreme court reporter bill
was reported back by the judiciary com
mittee and recommended that it do pa*s as
H. B. 47, relative to limitations of actious
at law, recommended tbat it do pass as
H. B. No. 45, railroad bill, that it do pass
as amended.
H. B. No. 43 pass as amended.
H. B. No. 32, sole trader's bill, reported
back with substitute, which was recom
mended to pass.
Upon recommendation iu report of the
committeee of the whole that H. B. No. 1
be referred to a select committee, the
Speaker appointed Willis, Blakely, Haskell
and Hnnt.
The select committee to whom was re
ferred H. B. 26, municipal corporation bill,
reported back the bill with amendments.
The amendments were adopted, Referred
to engrossing committee.
H. B. 36, Madison and Gallatin boundary
bill, was reported back by the committee
on towns, conn ties and highways, recom
mending that it do pass as amended.
H. B. 52, introduced by Blakely, to close
saloons on Sunday.
H. B. 53, by Blakely, a bill to enable
countie« to buy and build bridges.
H. B. 53, introduced by Swiggett, rel
ative to filling of vacancies in office of
county commissioners, ordered printed.
H. B. 54, introduced by Davis, to amend
certain sections of tbe 5th Division of
Compiled Statutes, relative to powers of
attorney, was ordered printed.
The House then resolved itself into a
committee of the whole for the further
consideration of general orders with Waite
in the chair.
C. B. 22, relating to exemption from
jury duty, was taken up. The chair read
the bill very carefully—history, title, body
and all, and when the performance was
complete he looked up and enquired what
the House proposed to do with it. Most of
the seats were deserted and those that were
Riled had an open newspaper spread betöre
the occupants, while a cloud of smoke
ascended from behind. A nnmber were
outside the rail and a still
larger number were grouped in wads
of twos and threes about desks where
other members sat The chair rapped on
the desk and inquired what was to be done
with the bill, drill no response, and the
chair waited a long time in silence. Then
another rap aud another qnestion and
Murray got up, newspaper in hand, and in
quired, "What is it, Mr. Chairman?" The
chair, with great dignity brt in a tone of
some irony, informed the gentleman the
number, purport, etc, of the bill and again
repeated the question. Murray then looked
about him for a moment and moved tbat
the bill be indefinitely postponed.
indefinitely postponed.
The motion was put without debate and
the chair was unable to decide. Roberts
voted aye then sat down and inqnired
what he was voting on. When the noes
were taken Whitney broke forth in a "no"
that sounded like a protest from a ball
calf, while the chandelier in the center of
the room swung like a psndlum. The mo
tion was decided carried.
C. B. 1 was taken up. This is the steam
boiler inspection bill. Rea wanted it con
sidered by sections.
Mantle wanted the bill read first. This
was done, and the bill was then taken np
and considered by sections.
Mantle moved the adoption of section
Hunt said that he would present an
amendment making two deputy inspectors
instead of one. Bnt he thought best for
the committee to arise just now, and he
made a motion to that effect, which was
Mnrray then moved that the House take
a recess till 2 o'clock. Carried.
When the Honse convened after recess
the first measure taken up for considera
tion was the steam boiler inspection bill,
C, B. 1, and the Honse immediately there
upon resolved itself into a committee of
the whole.
Haskell wanted an inspector for every
county, to be appointed upon petition of
citizens by the connty commissioners.
Everybody else were united in
the opinion that the inspector
should be a territorial man, and
many speeches were made to that effect.
It was claimed that the income from
license and certificates wonld be greater
than the salary.
Sections 1, 2, 3 and 4 were adopted al
most as they stood and then Davis moved
that the bill be referred to a special com
mittee with instructions to report at 2
o'clock to-day when the consideration of
the bill would be made a special ordet of
business. This was carried and Hunt,
Moore and Saxton were appointed.
H. B. 39, the law library bill was recom
mended to pass.
H. B. 34, concerning the locating and rc
cording of mineral claims, was considered
section by section.
This bill is for the prevention of locators
holding mining claims from year to year
without doing any development work on
them, by simply re-locating them y*ar af
ter year. Under this bill, the re-loc»ter
mast do a certain amount of work witMn
sixty days after such re-location.
Haskell wanted to know if the provis
ions in the bill were not in conflict with
the laws of Congress on the subject, but
nobody seemed to know whether th.jy
were or not. Tbe bill, however, was rec
ommended to pass.
When the committee arose a committee'
consisting of Joslyn, Rea and Saxton were
appointed as a joint committee to confer
with committee of the Council on the
amendments to H. B. 22, cemetery bill,
which the Coancil refused to concur ia.
The report of the chairman of the ccm
mittee of the whole (Waite) was then re
ceived and the Honse adjourned.
Forty-Sixth Day--March I.
Thompson, of Silver Bow, reported favor
ably H. b. 50, providing for private secre
tary for the Executive; also C. B. 42, for
compensation of certain county officers,
with amendments, recommending it do
Brown, from committee on judiciary, re
ported H. B. No. 14, with recommendation
that it do pass.
Kennedy reported C. B. No. 20, relating

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