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Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, August 08, 1889, Image 5

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TH e . CONVENTION.
Twenty-eighth l)ay--Jnly 31.
AFTERNOON SESSION.
On reassembling at 2 o'clock Judge
pixon offeied a substitute for Luce's
amendment, to be known as section 4, as
follows :
Sec 4 Ditches,canals and flumes hereto
fore or hereafter constructed by any person,
company or corporation, for the sale, rental,
distribution or other beneficial use of
water, shall be taxed upon the annual net
proceeds of such sale, rental, distribution
or use in such manner as may be provided
by law. Provided, that the use and price
of such water shall at all times be subject
to regulation by the board of county
commissioners or other authority as
in this constitution provided to make
H nd file such consent shall render the
ditches, canals and flumes ot such person,
company or corporation subject to taxa
tion in the same manner as other property
without regard to the section, so long as
said person, company or corporation tails
to tile such consent; and provided, further,
that this section shall apply only to the
ditches, flumes and canals of such persons,
companies or corporations as shall within
such time as may be provided by law after
they commence the sale, rental, distribu
tion or use of water, make and file in the
office of the secretary of state their duly
executed written consent to be subject to
and comply with all the terms and condi
tions of this section, and all provisions of
this constitution.
Luce accepted the substitute.
After an extended discussion of the irri
gation problem, participated in by Gibson,
Luce, Burleigh, Collins, Sargent, Knowles,
Goddard aud others, Dixon's amendment
was put to vote and carried. Callaway
changed his vote to aye, making the result:
Ayes, 39; noes, 30; absent, 6.
The new section was then ordered
printed.
Section 3 was adopted.
Carpenter moved the following as a sub
stitute for Section 9, which was adopted :
l'rivate property shall not be taken or
sold for the corporate debts of public cor
porations, but the legislature may provide
by law for the funding thereof, and shall
provide by law for the payment thereof in
cluding all debts and obligations, by assess
ments and taxation of all private property
not exempt from taxation within the limits
of the territory over which such corpora
tions respectively have authority.
Middleton moved to amend section 10by
striking out "for a period of not less than
ten years," which was carried. The sec
tion now reads: "The making of profit
out of public moneys or using the same for
any purpose not authorized bylaw, by any
public officer, shall be deemed a felony and
shall be punished as provided by law; but
part of such punishment shall be disquali
fication to hold public office."
Chessman moved to amend section 10 by
making the limitation of tax l£ mills on
each dollar instead of 1 mill. Carried.
Proposition 27, with the exception of
section 4, was adopted and leferred to the
committee on revision and phraseology.
The convention went into committee oi
the whole, Kanouse in the chair, on propo
sition 17, the article on education.
Kennedy moved to add to section 2 reso
lution No. 8, which provides that none of
the school lands granted the state shall be
sold. Lost.
After a few minor amendments, the pro
position was adopted as a whole.
Iiichards moved that when the commit
tee rise they report back proposition No. 17
with the recommendation that it pass as
amended. Carried.
Convention resumed and the chairman
reported as directed.
Keek moved that proposition No. 17 be
placed upon its final passage.
J. K. Toole moved to suspend the rules,
read the proposition by title and place it
upon its final passage.
The amendments as adopted by the com
mittee of the whole were read and adopted.
Proposition No. 17 was placed upon its
final passage and passed by a unanimous
vote.
The proposition was ordered engrossed
and reierred to the committe on revision
and phraseology. Adjourned.
Twenty-ninth Day*. August 1.
Convention met at 10 o'clock. President
Clark in the chair.
Conrad offered a resolution to the effect
that property rights in Indian leservations
should remain vested in the United States.
Referred to the judiciary committee.
The substitute offered yesterday by
Dixon to proposition No. 27, relating to the
taxation of ditches and canals, was left
over until this afternoon.
The article on legislative departments
was also laid over.
The convention went into committee of
the whole on proposition 28, miscellaneous
subjects and future amendments.
Loud moved to amend section 1, by add
ing after the oath or affirmation the
words "so help me God."
This provoked a discussion over the pro
priety ot recognizing religion in the consti
tution, Kamsdell speaking against it.
Burleigh favored the amendment, and
said he was not in favor of departing
from the teachings of his childhood.
The amendment of Loud was then put
and carried.
Section 2 and 3 were passed without dis
cutsion.
Section 4, relating to protection against
fires in timber and prairie lands, and that
the legislature may pass sensible laws
against the origin ot fires by locomotives,
called forth an animated discussion. Mo
tions were made to strike out the section.
Goddard said that there should not be any
thing in the constitution that savored of
legislation.
The section was retained on a tie vote.
Sections 6, 7, 8 and 9 were passed by the
committee.
Section 10, relating to issuance of free
passes to members ot the legislature and
state officers, proved the stumbling block
of the day.
Maginnis favored that railroads be com
pelled to issue transportation to all officers,
without fear or favor, or he wanted the
whole matter let alone. His proposition
Wftfl logt.
Goddard, in substance, favored a like
amendment and wanted editors of news
papers included.
Motions to strike ont the section were
frequently put but ruled out by the chair,
who decided that amendments had
precedence over motions to strike out.
Burleigh and Callaway had a passage at
arms over the section.
Without arrivmg at a settlement the
motion that the committee arise and re
port progress was carried. Adjourned un
til 2 p. m.
AFTERNOON session.
Convention resumed at 2 o'clock. On
motion ot CalUway the vote, by which
section 27. on State finances, was adopted,
was recons dered. n . „
This is the substitnte offered by Di*on,
providing for the taxation of canals, ditch
es and flumes upon their annual net pro
Le CoTlins moved that it be indefinitely
postponed . _ ,
An extended discussion sprang np and
the question was debated at length by
many prominent members. 1 many, a
several amendments had been proposed and
voted down, the motion to indefinitely
postpone was put and carried by a vote or
38 to 34; nor could Callaway's motion to
reconsider and lay on the table resurrect
the question.
On motion of Maginnis the convention
went into committee of the whole for fur
ther consideration of proposition 28, mis
cellaneous subjects.
The clerk of the committee of the whole
was absent, and Hickman moved that the
committee when it arise report the clerk as
having been derelict in his duties and
recommend his discharge
Haskell stated that the clerk was en
gaged in other duties. Hickman insisted
upon his motion, which was put and lost.
The motion to strike out section 10 was
carried by a vote of 33 to 29. The section
is as follows :
"No railroad or other transportation
company, nor any agent, officer or em
ployee thereof, shall grant free passes or
tickets, or passes or tickets at a discount,
to members of the legislative assembly, or
any state, county or municipal officer or
officers; and the acceptance of any tuch
pass or ticket by a member of the legisla
tive assembly, or any such officer or offi
cere shall work a forfeiture of his or their
office, and the emoluments thereof; and
any railroad or other transpor ation com
pany violating any provision of this sec
tion shall forfeit to the State one thousand
dollars, (f 1,000) for each and every viola
tion thereof, to be recovered by an action
at law,"
J. K. Toole offered a substitute for sec
tion 10, as follows:
Toe legislative assembly shall pass laws
prohibiting railroads or other transporta,
tion companies from granting free passes,
or selling tickets at a discount to any State,
county, district or municipal officer. The
substitute was adopted.
Kotwitt moved to strike out Section 11 :
"Any citizen of this State, who shall, after
the adoption of this constitution, fight a
duel with deadly weapons, or send or ac
cept a challenge for that purpose, or be
aider or abettor in fighting a duel, either in
this State or out of it, shall be deprived of
the right of holding any office of honor or
profit in this State and be otherwise pun
ished as shall be prescribed by law," and
the motion prevailed.
Goddard moved to strike out section 12,
which was carried. The section struck out
is as follows:
"All property, both real and personal, of
the wife owned and claimed by her before
marriage and that acquired by her after
marriage by gift, devise, descent or other
wise, shall be her separate property ; and
laws shall be passed clearly defining the
rights of the wife in relation as well to her
separate property as that held in common
with her husband and providing for the
registration of the wife's separate property."
Knowles moved to strike out section 8.
"All officers shall hold their offices until
their successors are elected and qualified.
The term of all officers elected, except as
otherwise provided in this constitution,
shall commence on the first Monday in
January next following their election." As
school directors, county treasurers and some
other officers connot settle up their affairs
at once. The motion to strike out carried.
Hickman moved that when the commit
tee arise it report back the proposition
with the recommendation that it pass as
amended.
Committee arose and the convention ad
journed.
Thirtieth Day--Augnst 2.
MORNING SESSION.
Convention called to order at 10 o'clock,
President Clark in the chair. Quorum
present.
After prayer by the chaplain and reading
of the minutes, the report of the committee
on corporations other than municipal was
submitted. Reading was suspended and
the report ordered printed.
Committee on mining water rights re
ported Proposition No. 30 and recom
mended that it do not pass.
A memorial was presented by Warren,
from Silver Bow. It related to the lead
ore question and intends to memorialize
the Treasury Department to have a decision
rendered as early as possible.
Collins moved to have it ieferred to the
committee on mining and water rights.
Warren moved the adoption of the me
morial.
The resolution was referred to this com
mittee.
The committee of the whole reported
proposition No. 8, miscellaneous subjects,
with amendments and recommended that
it do pass as amended.
The amendments were then taken up and
considered in their regular order.
Robinson offered a substitute to Bection
10, relating to railroad passes.
Hartman moved to lay the substitute on
the table. Ayes and noes were called for.
The substitute and the amendment as well
as section 10 were laid upon the table by a
vote of 48 to 27.
Maginnis offered an amendment to be
insetted as a new section. He wanted it
read for information, which was objected
to. The chair sustained the oljectionand
stated it would be read after the report of
the committee of the whole.
Hersbfield wanted section 12 sustained,
as it would give women the right to protect
their own property, which they bave or
may acquire.
Burleigh opposed the section.
Parberrv wanted it sustained, as the
legislature had failed to provide laws for
the record of property held by women.
After debate Burleigh offered a substi
tute. He wanted the property and politi
cal rights of women placed on an equal
looting with those of meii. [Laughter.]
A motion to lay upon the table called
forth the ayes and noes.
Maginnis asked, on his name being
called, if this substitnte would not confer
upon women the right ot absolute suffrage.
On information he voted aye.
The substitnte and section were laid on
the table by a vote of 38 to 32.
Kennedy offered another amendment
against railroad passes, which was amend
ed by Maginnis. It was ruled out of or
der.
Marshall offered an amendment that all
school lands lying within a mile of any
city and worth more than (50 an acre,
shall not be sold in more than 5-acre tracts
if sold prior to 1895.
He spoke in favor of the measure and to
keep out speculators from it. This would
give poor people a chance to purchase a
borne near a city. He cited as a case sec
tion 16, adjoining Missoula, which lies next
to the townsite and comes within the di
rect growth of the city. He wants the
convention to provide for such land, be
there much or little. It was not proper to
give to the legislature the right to sell this
land as it pleases.
Bickford supported this proposition, as
many had already bnilt homes on small
parcels of such lands and they should be
protected in obtaining and retaining title
to their homes.
The amendment was referred to commit
tee of the whole, to be considered with
proposition 23. (Public lands and exemp
tions.)
Eaton offered another amendment to pro
hibit members of the legislature and ju
diciary from accepting passes.
Calls were heard for points of order and
the chair desired the convention to decide
whether to admit it or not
Motion of Craven to lay it upon the table
called forth the ayes and noes again. Mo
tion to lay on table lost by a vote 29 ayes,
32 noes.
The amendment includes also the state
or a county board of equalization. Accep
tance of such passes by members shall
work forfeiture of office and its emoluments.
Craven claimed the section was pure
l eg islation and buncombe. If this thing
kept up, the convention would sit two
months more. If this proposition was fa
vored by the people the legislature would
surely act upon it.
Question on the adop ion of the proposi
tion called for the ayes and noes. It was
carried by a vote of 38 ayes to 35 noes.
Moved that Proposition 18, as amended,
be ordered to the engrossing committee.
Toole moved that it be printed and al
lowed to lay upon the desks of the mem
bers for some time, as there might be some
other matters pertaining to this measure
arise in the near future.
Middleton offered to amend his motion
in favor of Toole's.
Recess until 2 o'clock.
AFTERNOON SESSION.
Convention met at 2 o'clock.
Proposition No. 28 was referred for
printing.
Convention went into committea of the
whole, Eaton in the chair. Proposition 19,
on legislative departments, was taken up.
Section 4 was the first to create any dis
cussion. It provides that the State Senate
shall consist of sixteen members, one lrom
each county, and the House of Representa
tives of fifty members.
Middleton moved that the House of
Representatives consist of fifty-five mem
bers instead of fifty. Carried.
Robinson offered a resolution limiting
the number of members of the House of
Representatives to forty members. Lost.
Collins moved to make the pay of mem
bers of the legislature (10 a day instead of
$6, and Robinson moved that their pay be
(5 a day and that they may receive 10
cents a mile for mileage; also that each
member must make oath that he has not
traveled on a free pass in order to secure
the mileage claimed. Both motions lost.
Luce moved to amend section 9 by mak
ing it read that "no session of the legisla
ture shall exceed ninety days."
Clark moved to amend section 5 by re
ducing the term of the first legislature to
seventy-five days. Lost.
J. K. Toole moved that "at the seat of
government" should be inserted after the
provision for members of the legislature to
meet. The motion was carried.
The second Tuesday after the first Mon
day in January, the time for the legislature
to meet, was stricken out on motion of
Carpenter leaving the time for the
legislature to meet the first Monday
in January.
On motion of Carpenter, "Legalizing ex
cept as against the State, the unauthorized
or invalid act of any officer exempting
property from taxation," was stricken out.
This clause is among the things the legis
lature cannot pass special laws for.
Winston offered an additional section,
45, which provides that in the case of
death of members in either house the gov
ernor may issue writs of election. The mo
tion prevailed and the section was adopted.
Conrad introduced an additional section,
to be known as section 46, which provides
for the appointment of a State examiner by
the governor and prescribe his duties. Mo
tion carried.
Hersbfield moved to insert in section 26
the words "bank, insurance, loan or trust
companies," for which the b gislature is
forbidden to pass any special act. The
motion carried.
On motion of Marion "responsible" was
added to 'Lowest'' in the section providing
for the letting of bids for articles used in
government departments.
Hickman moved to add to section 34 "no
money shall be paid out of the treasury
except upon appropriations made by law
and warrants drawn by the proper officer
in pursuance thereof, except for interest on
the public debt." The motion prevailed.
The committee then arose and reported,
recommending the adoption of proposition
19 as amended.
Convention resumed.
The vote by which section 4, proposition
27, on ditches, canals, etc., was indefinitely
postponed, was reconsidered and the mat
ter made a special order for next Tuesday
morning.
The report of the committee of the whole
was taken up and proposition 19, on legis
lative departments, came np for final
passage.
Robinson moved to amend section two
by making the number of State Senators
21 instead of 16. J. K. Toole moved to
amend by making the number of Senators
26 instead of 16.
A long discussion ensued on this subject,
in the midst of which a motion to ttcljourn
was put and carried.
Thirty-first Day--August 3.
MORNING SESSION.
Convention was called to order at 10
o'clock. After roll call and prayer the
minutes of the previous day were read and
approved.
Jodge Dixon presented two reports of
the judiciary committee, who reported
that no action be taken in regard to In
dian reservations, as the convention had no
authority to act ; also that communication
be printed as received from Gen. Roger
and considered as part of the constitution.
Report of committee on ordinances was
submitted and ordered printed.
Marshall submitted a proposition re
lating to public lands, which was read.
It recommends the classification of the
lands granted to the State. It divides
them into the following classes:
1st class. Grazing lands, which shall
not be sold but leased.
2nd. Timber lands, which may bo sold,
or the timber thereon, under proper laws.
3rd. Agricultural lands, which may be
sold or leased under regulations of laws.
4th. Lands within corporate limits of
any incorporated town or city, or within a
mile of such limits, worth more than $50
an acre; which shall not be sold in lots
larger than five acres, and not more than
half of them shall be sold by 1895.
No lands shall be leased for less than $10
an acre, and the lease shall not extend over
five years.
Marshall's proposition was ordered
printed and will be considered with prop
osition 23.
Bickford offered the following substitute
for section 1, proposition No. 23:
Section 1. All the public lands of the
State are held in trust for all the people
and none of such land nor any estate or in
terest therein, shall ever be disposed of ex
cept in pursuance of general laws provid
ing for such disposition, nor unless the full
market vaine of the estate or interest dis
posed of to be ascertained in such manner
as may be provided by law, be paid or
safely secured to the State; nor shall any
lands which the State holds by grant from
the United States (In any case in which
the manner of disposal and minimum
price are so prescribed) be disposed of ex
cept in the manner and for at least the
price prescribed in the grant thereof, with
out the consent of the United States.
The substitute was ordered printed and
will * 1*0 be considered in connection with
Proposition 23.
J. K. Toole's proposition to increase the
the number of State Seuators from 16 to
26 came op for consideration.
Middleton opposed the proposition. He
wanted an equal representation of the
people in at least one of the honsee. It
would give them a certain check over the
majority of the other house.
Toole's amendment was lost by vote of
30 to 42.
Warren moved to amend by inserting 25
for 16.
Craven spoke bitterly against the motion
and called it the work ot pothonse politi
tians. He had been told his vote on this
question would inflnence the retention of
the capital at Helena. Votes were being
traded. He did not want three counties to
tyranize all the others, just because they
had a few more people.
Motion for previous question was sus
tained by vote of ayes 36, noes 27, absent
4 paired 8.
Warren's amendment was then put to a
vote by the calling of the ayes and noes.
The result was as follows: 24 ayes. 40
noes, absent 3, paired 8.
Confusion ensued. Calls for reconsider
ation were strong.
Callaway insisted on his right to the
floor.
Points of order were raised and the chair
after reading the rules sustained it.
The main question was to be put next.
It was moved that when the convention
adjourn it be until Monday at 4 p. m.
Carried.
Moved that the convention now adjourn.
Lost.
Moved the convention take a recess,
which called out another equabble over the
rules. The chair stated that a motion tor
a recess was held to have precedence, but
the chair submitted it to the convention in
order to obtain the sense of the members
Warren moved to take recess till 4 p. m.
Lost.
Rickards repeated his motion to take a
recess till 2 o'clock.
Middleton said that after the previous
question bad been called for, motions for
recess were out of order.
The chair entertained Rickard's motion,
which was lost.
Question then was on the adoption of
section 4, under the calling of the ayes and
noes. Result: 41 ayes, 26 noes. Paired 6,
absent 2.
The section was adopted.
Callaway moved that the vote be recon
sidered and lay it upon the table.
Toole asked that he obtain consent to
address the convention. He stated that
the convention had taken advantage of the
proposition to allow him to amend it all
along the line until the proper number
had been reached, and he hoped the motion
to lay on the table would not carry.
Callaway's motion was divided.
Motion to lay on the table was lost—36
ayes ; 30 noes ; 6 paired ; 3 absent.
Motion to reconsider was declared carried.
Convention adjourned until Monday at
4 p. m.
A SHORT VACATION.
Meeting Montanians on the Sound—
Mount Tacoma and the Moon,
Tacoma, W. T., July 30 —To the Herald:
It is a trite remark that a Montana man is
never away from home. Go where he will
on this continent or abroad he is sure in
the course of his wanderings to meet some
body else from the land of bullion and
bunch grass, with whom tidings of home
and friends may be discussed. All West
ern people are great travele'8, but Montan
ians especially seem to be among
the best patrons ot hotels and
transportation lines. I had not been
here five minutes until .1 met General
C. W. Turner and family, of Helena, who
have gone to Seattle to spend the summer
The face of General Tyner, who has been
much in Helena and is now on the
Oregonian at Portland, was also a familiar
sight on the day of my arrival. Another
surprise was my meeting with I. Salhinger,
formerly of Helena, who has about made
up his mind to locate in Tacoma. George
G. Chandler and D. C. Jackson, erstwhile
popular railroad men of Helena, are located
here. Mr. Chandler is general passenger
and ticket agent for the Northern Pacific
at Tacoma and Mr. Jackson is his
assistant. H. H. Chandler, formerly of
Wickes, is also in his brother's office. At
the hotel Montanians are seen frequently.
I met Major Palmer and A. M. Thornburgh
on their return from Alaska, and at the
same time H. M. Pärchen and T. H. Klein
schmidt and their families. W. D. Knight,
formerly of Miles City, but now proprietor
of the Spokane Falls Chronicle , was also
here a few days ago. These are only the
few that I have met, out of a large number
who have visited the Sound country this
summer. This section seems to be a favor
ite one with Montana people, and certainly
as the nearest sea coast and a pleasant
place of resort, deserves their attentions.
MOUNT TACOMA AND THE MOON.
I have said very little of Mount Tacoma,
or Mount Rainier as first known, because
the pen must fail in an attempt to picture
its grandeur. It stands to the southeast of
Tacoma at a distance that lends a softening
effect to its rugged outlines. Towering for
over 14,000 feet in the air, its peaks pierce
the region of clouds and its summit slopes
are enveloped in perpetual snow. The
shape is regular as viewed from
this distance, though its apparent
ly smooth surfaces are rent with
rugged gorges that are a terror to
hardy tourists who dare its difficult ascent.
During all my stay, I never once saw the
base of the noble giant, the mist and
smoke arising from the intervening country
generally obscuring it up to the snow line,
and frequently shutting off all view of
even the towering peaks. When the top is
visible, however, a grander panorama than
the sunset makes on its glistening summit
was never seen. One evening a short time
ago I was sitting on the shaded
piazza, watching the sunset creep
up the snowy mountain, the air
that evening being unusually clear and af
fording a splendid view of the noted peak.
The changing colors, as the white sunlight
melted to a golden tint and dissolved in a
more lurid glare that gave a weird effect
to the scene, were being devoured by thou
sands of pleased eyes and enthusiastic com
ment was rife. A murmur of disappoint
ment was heard as the last sunbeam kissed
the snowy peak and left the summit to the
darkness of the fast gathering shadows of
night, but this was quickly succeeded by
rapturous outburst, as the full moon began
to peer over the mountain, lighting
up the scene that the sun had just deserted,
little by little the great planet climbed up
behind the mountain top, first showing a
tiny crescent so silvery in its hue as to al
most taken for a part of the snow-clad sum
mit. Gradually it grew larger and larger
as if going through the last stages of an
eclipse, and finally rested like a huge, sil
ver ball exactly on the top of the sharpest
and highest peak. The contact lasted but
a moment and then the queen of night
sailed higher in the sky, leaving old Ta
coma once more to the gathering shadows.
Vhe sight, however was a glorious one, and
the sp ctacle will never be forgotten by all
who had the pleasure of witnessing it J.
A PLEA FOR THE GRAND JURY.
Some Reasons Set Forth Why the Sys
tem Should be Retained Un
derstate Government.
Dillon, M. T., July 29.—Editor Her
ald.— Knowing that the opinions of "con
stituents at home" are frequently desired
by legislators and delegates in convention,
I ask the indulgence of a little space in
your well read paper.
Seeing that the consideration of the
grand jury question is betöre the constitu
tional convention, now in session at
Helena, I have taken some pains to agitate
the subject among those with whom I have
lately come in coutact, and feel quite as
sured that the abolition of the grand jury
system, without a fuller expression of pub
lic sentiment on the matter than is at this
time obtainable, and without the substi
tution of something more adequate than
the jurisdiction of the elective justice of
the peace and county attorney, would, to
say the least, be a hazardous experiment.
Such momentous questions will arise and
disastrous consequences sometimes follow
tbe'r hasty decision. The grand jury
question is int.resting alike to all, the rich
as well as the poor.
It is a tribunal drawn largely from the
most subs'antial and intelligent classes,
men of property, tax payers, who can ill
afford to Duilify laws or countenance crime
They are the most difficult class to be
reached aDd affettrd by "influence" or
bribery The secrecy and energy of the
grand jury room is appalling to that
Dtimerous class of criminals who seek,
through political influence, the bonds of
intriguing alliance, or the potent aid of
money bestowed on corrupt officials to
evade the laws that they are willing to see
enforced against less favored evil-doers.
The dignity and respectability of the
grand jury is, in a degree, reassuring to a
numerous class of timid witnesses, who
naturally dread the publicity of an ordi
nary preliminary examination, and import
ant evidence is frequently obtained that
could not, or would not. be brought out by
an elected or salaried officer. The mem
bers of the grand jnry are drawn from
every part of the county, and compara
tively lew offenders who can be brought to
j ustice escape notice.
The machinery of the law is, at best,
cumbersome and expensive, and must ever
be necessarily so, but let us not inadvert
ently let go of a good thing until we are
very sure we have secured a better.
As I once heard one of our present con
stitu ional delegates remark, "A man's
prospective profits are not as important as
the soundness of the security."
A majority of the voters of our Territory
would most certainly be unwilling to de
pend upon the average j ustice ot the peace
to defend our liberties and property against
the encroachment of the law breaking
classes.
Instances might be cited where a justice
of the peace has refused to issue a warrent,
or resigned his office to shield an influen
tial or wealthy culprit, and how common
it is for a complaining witness to be
frowned down or ignored by a biased pros
ecuting attorney. On the other hand in
stances have occurred in which the grand
jury has been besought to wreak private
spite on individual citizens, but to the
honor and credit of the system be it said,
that such efforts are seldem or never suc
cessful, as many an unscrupulous com
plainant conld testify; grand juries spend
little time on snch cases.
It has been urged against the system
that it is expensive. So are police officers,
coarts and schools. Men have been known
to advocate the non-prosecution of high
crimes on the ground of economy. Away
with parsimony in the administration of
justiee. That community is not economic
ally governed in which rigorous and im
partial j ustice is not dealt to all. And the
more her best citizens are engaged in the
administration of her laws, the more pros
perous will be the new State of Montana
Older States and communities may have
peace officers, elected by the people, who
can be relied upon to enforce the criminal
laws, bnt our Territorial populations are
too mixed and promiscuous to have the
examination of offenders relegated solely to
officers who may be controlled by party
bosses or by personal considerations.
James Kirkpat rick.
FIRST
POINT
You should read The Chica
go Daily Nbws because igno
rance is expensive. You must
read some paper. Probably
you've always had a weekly—
you can now afford a daily.
The Chicago Daily News
costs but one cent per copy—
it's so cheap you can't afford to
lose time waiting for a weekly.
You ought to know about things
when they happen—not a week
later. You live in the nine
teenth century, in the greatest
section of the greatest country
on the earth, and you can't af
ford to be left behind.
Remember —Its circulation is 220,000 a day—over
a million a v cek—and it costs by mail 25 cts.
a month, four months$i.oc ,—one cent a day.
æ
st>
Tutt's Pills
The dyspeptic, tb. debilitated, wheth
er from excess of work of mina «V
body« drink or exposure In
Malarial Regions,
will find Tntt's Pill» the most «niai
restorative ever offered the suffering
invalid.
Try Them Fairly.
A vigorous body, pare blood, trend
nerves and » cheerful mind will res nit.
SOLD EVERYWHERE.
Our little girl when but three weeks old broke ont
with eczema. We tried the prescription from sev
eral good doctors, but without any special benefit.
We tried S. S. S., and by the time one bottle was
gone, her head began to heal, and by the time she
had taken six bottles she was completely cured.
Now she has a full and heavy head of hair—«
robust healthy child. I feel ft but my duty to make
this statement. H. T. SHOBE, Rich Hill, Mo.
rySend for our Books on Blood and Skin Diseases
and Advice to Sufferers, mailed free.
The Switt Specific Co„ Drawer 8, Atlanta, G a.
M. 0
J M. SLIGH. 1. 0.
C K. COLE.
COLE ft SLIGH
PHYSICIANS AND SURGEONS,
«■LENA...
■OKTAMA
Offloa—106 Grand street, (near Main. Calls
promptly answered, night and day. Telephone,
so. 78. _
E. S. KELLOGG, M. 0.
tsrgsoB and HomoeopathicPbjefelan
HELENA. aoNTANA.
Gives «pedal attention to d i e« —— of Um 1TR
IAB, THROAT and OHJEBT. Abo, All
i'hveal« Dli
FOR SALE.
Twenty-four choice cows, mostly half-breed
Jerseys; 15 yearlings and ealvea; a fine Jersey
bull ; three mules and a pair of heavy draft hor
ses. Also, 200 acres of land, situated 2% miles
northeast N. P. R. R. on Prickly Pear Creek. If
not sold within sixty days it will be leased for a
term of years to a responsible party, with $1,000
worth of farming tools, all In good order.
Apply to
JOHN MURPHY,
Prickly Pear Valley
d<*w60d-jy2T_ __
Money to Loan.
In Sums of $300 to $10,000.
I will receive applications and make loans on
Improved farms and Ranches in Montana,
Special attention given to loans for "proving
up" Homesteads, Pre-emptions, etc.
Full information as to rates of interest, ex
penses of procuring loans etc., furnished on ap
plication. h. b palmer,
P, O. Box 176, Helena, Montana,
Refer by permission to First National, Mer
chants Na ional. and Montana National Banks of
Helena.
It Makes You Hungry
" I have used Paine's Celery Compound and it
has had a salutary
effect. It invigorat
ed the system and I
leel like a new
man. It Improves
the appetite and
facilitates diges
ts tion." J. T. Cope
land, Primus, S.C.
Paine's
Celery Compound
Is a unique tonic and appetizer. Pleasant to
the taste, quick In Its action, and without any
Injurious effect, It gives that rugged health
which makes everything taste good. It cures
dyspepsia and kindred disorders. Physicians
prescribe It. fl.oo. Six for *5.00. Druggists.
Wells. Richardson A Co., Burlington, Vt.
Spring medicine means more now-a-days than it
did ten years ago. The wlnterof iS8S->9 has left
the nerves all fagged out. The nerves must be
strengthened, the blood purified, liver and
bowels regulated. Falne's celery Compound—
the Sj>ri ng ,/iediri ne of to-day — dOGS all tills,
as nothing else can. Prescribed by Physician»,
Recommended by Druggists, Endorsed by Minister*,
Guaranteed by the Manufacturers to be
The Best
Spring Medicine.
"In the spring of ISST I was all run down. I
would get up in the morning with so tired a
feeling, and was so weak that I could hardly get
around. I bought a bottle of Paine's Celery com
pound. and before I had taken It a week I felt
very much better. I can cheefully recommend
It to all who need a building up and strengthen
ing medicine." Mrs. B. A. Dow, Burlington. Vt.
DIAMOND DYES
LACTATE D FC0D The Physician' s /acorite.
y 'y\W*s'yy'VxX' \\\n « •» vt
CASTOR IA
/, HUH 'A
törj^ifants^
' "Castortais so well adapted to children that I Castorf» cures Colic, Constipation.
[recommend it as superior to any prescription ! §?}£ Stomach, Diarrhœa, Eructation
., TT . . „ r, I Kills Worms, gives sleep, and promo»«* <U
knowa to me. IL A. Abchkb, M. D., I gestion,
111 Sow Oxford St, Brooklyn, N. Y. | Without injurious m edication.
THE CENTAUR CO.. 77 Mnrrsy Street. N. Y
A J. DAVIDSON,
President.
HOWARD SEBREE,
Vice President.
B. F. WHITE,
Treasurer.
THOS. J. D vVIDSON,
Secretary.
V J. DAVIDSON S GO.
Inoorported.
Jobber« and Dealer» in
Agricultural Implements and Harness. General Agents for Bain
Wagons, Whitley Steel Mowers and Binders, Champion Mowers, Bo
nanza, Tiger, and Hollingsworth Hay Rakes, Oliver's Patent Chilled
and Moline Steel and Flying Dutchman Sulkey Plows, Concord Har
ness, Buggies, Carriages, Road Wagons, Buckboards, Carts, Horse
Clothing, Halters, Robes, Harness of all Styles and Prices, and Whips.
A full line of extras.
Stockholders* Meeting.
To the stockholders of the Alpha and Omega
Milling and Mining company. Notice is hereby
given that a meeting of the stockholders
of the Alpha ana Omega Milling and
Mining company (a corporation duly in
corporated under and by virtue of the
laws of Montana Territory) will be held at the
office of Sanford & Evans, in the city of, Helena,
county of Lewis and Clarke, Territory of Mon
tana. on Monday, the 9th day of September, A.
D. 1189, commencing at 7:30 o'clock p. m,, of
said day, for the purpose of submitting to the
stockholders of said corporation a proposition to
sell all the mining ground, quartz mill, and
other property of every kind, character and de
scription, belonging to said corporation; each
K articular tract or piece of property so to be sold
sing distinctly specified as follows to-wit:
The following described quartz mining claims
and mining properties situate, lying and being
ln Stemple unorganized mining district, in the
county of Lewis and Clarke, and Territory of
Montana, to-wit: ...
Alpha lode, the same being designated by the
Surveyor General of Montana as lot No. 40, In
township number thirteen, north of ringe seven
we-t, and embracing Twenty and sixty-six one
hundredths of an acre.
Omega lode, the same being designated by the
said Surveyor General of Montana, as lot No. 41
A, In township number thirteen, north of range
seven west, and embracing Twenty and forty
one-hundredths of an acre
Omega mill site, the same being designated by
the said Surveyor General of Montana as lot No.
41 B, In township number thirteen, north of
range seven west, and embracing four and
ninety-nine one-hundredths of an acre.
Also all machinery, fixtures and personal
property of every kind, character and descrip
tion belonging to said corporation. Also all
water, water rights ditches, aqueducts reser
voirs, flumes, franchises and privileges, upon
leading to, connected with or usually had and
enjoyed in connection with said described prem
ises, and « ich and every part and parcel there
° f it is intended to submit to said stockholders
the proposition to sell all property real and
personal, belonging to said corporation.
J. B. BANKORD,
VVM. REED,
F. J. SHAFFER,
B MALBEN,
M. A. WITHER.
«V. H. GE3AUER,
F. S GETCHELL.
Trustees of the Alpha and Omega Milling and
Mining company. ,
Dated Helena, Mont., July 20th, 1889.
wj y25augl-8-15-22-29_
For_Sale.
One steam hay press ; one traction engine, ten
(10) horse power; separator, all in good order,
having been used only one season. Will sell for
81 600. Will sell press alone. Come and see the
OBtflt, H. SCHKAMMECK.
w4t jylS Gorham P. O., Montana.
The Johnstown Horror.
EVERYBODY WANTS IT.
JUST PUBLISHEO.
$1.50 per vol. ; 90c. to agents Solicitors' outfit
free with first order of 10 books. One book given
with ever v ten sold by our agents. Regular
price of outfit 40 cents. Postage prepaid. Apply
immediately if you want your own county.
B. S KING PUB. CO., 276 Michigan avenue,
Chicago. _ w2t-jy25
be <«
« «
5 = «
5 <
QJ ^ V
S . A
CO
*
a —
SOtj
O
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SX
£
. a
3 —
So
Ü5
fc. •>
2
»2 *
V -
« -fi G
J) Ä "3
L DRILLS
or all purposes.
Iexd.2 Octs. for. mailing
'./catalogues with
fullparticulars.
CASK* M T£ I&T.1AN O JO a « « OUMVCi
FOR MEN ONLY!
A DACITIVF For LOST or FAILING MANHOOD;
A rUOl 11 VC General and NSRV0U8 DEBILITY
FITTTJ Tl Weakness of Body and Mind: Effect!
V U A«Ju of Errors or Excesses in Old or Youngs
Noble UNHOOD fully Rertorrd. How Ulliluniii
, INDBTELOPED ORGANS A PA RTS of BODY.
$
(C/KÙ
■lately u feilte« HOHR TREATMENT—BrueSU lu s dey.
itMttfr fente 47 sut». T.rrtlnrlw, uu4 Fnrrlm l'ouutrleu.
Th an write then. Book, fall nul.n.tlon, nad proof. Bailee
«oaied) tern. Addm. ERIE MEDICAL CO., BUFFALO, N. Y
RUPTURE
ANENTLY CURED by uiiog tb.
NDEN ELECTRIC TRUSS
BEST TRUSS KADE, *
fvrablHW« or HEFI XDlosej
'OnlyCÎHNi'iwH Electric TRUSS in Worm
Pfrfffl KKTAI3K.R.firing InetantReliei
ind Speedr CURE. Worn vithRueàCoB
fort »if ht End day. This New Invention combines Science. Dur
ibilitv, Power. £old strictly on Merits. Price ft. à$&. Ulast'f
Hnpklet free. BI. SANDLN, SKINNENILOM, OINYEI. COL
CURE all
OMAHA MEDICAL!SURGICAL
IKTSTITUVJE.
M. W, COR. I3th& DOOQE Sts., OMAHA, NEB.
FOR THE TREATMENT OF ALL
CHRONICS SURGICAL DISEASES
BRACES,
APPLIANCES FOR DEFORMITIES AND TRUSSES.
Best Facilities, Apparatv* and Remedies for Successful
Treatment of every form of Diteaae requiring
MEDICAL or SURGICAL TREATMENT.
NINETY ROOMS FOR PATIENTS.
Boar d ft A ttendance. Best Accommodations in W est.
(C7*WRITE FOR CIRCULARS on Deformities and
Braces. Trusses, Cluh Feet, Curvatures of Spine. Piles,
Tumors, Cancer, Catarrh, Bronchitis, Inhalation.
Electricity, Paralysis, Epilepsy, Kidney, Bladder,
Eye, Ear. Skin and Blood and all Surgical Operations.
DISEASES OF WOMEN Dlae.iu-. of Wam.^FREB
WE HAVE LATELY ADDED A LY1MI-IS DEPARTHENT KO*
WOHRN DURIXO CONFINEMENT. «.STRICTLY PRIVATE.)
Only Reliable Medical Institute making a Specialty of
PRIVATE DISEASES.
All Blood Dise. ie« sueeesifully treated. Syphilitic Poison
removed from the system without mercury. New Ke«toratlve
Treatment for Loss of VITAL POWKR. Partie« unable to visit
ns may be treated at home by correspondence. All communica
tions confidential. Medicinesorinstrumentssec: by mailorex*
press securel v packed, no marks to indicate contents or sender*
One personal'interview preferred. Call and consult us or send
history of your case, and we will send in plain wrapper, our
DfWtlT TA ÜCII FREE: Upon Private, Special or
DUUIt III IVIdly Nervous Diseases, Impotency, Syph
ilis; Gleet and Varicocele, with question list. Address
OMAHA MEDICAL S SURGICAL INSTITUTE,
OMAHA, NEB.
OWIjT
manufactory
IN WEST OF
DEFORMITY
APPLIANCES,j
TRUSSES,
Electric Batteries
AND BELT8.
DR. .I0FD IN & CO.'S
MUSEUM OF AMOMY
751 Market street, San Francisco.
Admission 25 cents.
Go and leurn how to avoid disease.
Consultation and treatment person
ally os by letter, on spermaterrhoea
,or genital weakr ess, and all dis
eases of men. Send for a book.
Private office 211 Geary street. Con
sultât. jn free* ______________
"legal bunks.
FOR THE USE OF
LAWYERS, JUSTICES OK THE PEACH, CONVEYAN
CERS, SUKVEYORS, AGENTS, OWERS AND LESSOR"
OF REAL ESTATE, ETC.
(CUT THIS OU T FOB REFERENCE.)
THE HERALD has in stock the following
blanks. They are neatly printed ou good paper,
with red ruling for a border. The forms have
bee' carefully prepared by a lawyer, are In con
jrmity with the statutes of the Territory, and
are applicable to any county in Montana.
DISTRICT COURTB LANKS.
Per dos. Per 100
»8 0
3 0Q
4 O')
2 09
3 00
3 0«
3 00
3 00
3 00
4 00
3 00
4 00
2 00
2 00
3 00
2 00
2 00
3 00
2 00
2 00
2 00
4 00
4 00
4 00
4 00
8 00
4 00
4 00
4 00
8 00
4 00
8 00
8 00
8 00
8 00
8 00
5 00
4 00
a oo
2 00
4 00
4 00
•00
Notice of Appeal................... 50
Undertaking on Appeal ..... 50
Aff. ord. ana notice for wit......... .75
Subpoena............................. 35
Summons.................................. « .50
Und. on claim and delivery.........50
Writ of attachment.................. .50
Und. on attachment....... ...» .......50
Affidavit for attachment.............50
Aff. publication lummnoa......... ,75
Ord. publication summons..........50
Deposition...................................75
Execution......................... 35
Summons for juror......................35
JUSTICES COURT BLANKS.
Warrant of arrest.................... .50
Writ of attachment.................. .35
Und. on attachment........... 35
Affidavit for attachment.............50
Subpoena.............. ,35
Summons.............. ,35
Summons for juror......................35
REAL ESTATE BLANKS)
Bond for deed. _______
Quit claim deed.........................
Warranty deed..........................
Bargain and sale deed................
Lease.........................................
Mortgage .................................
Assignment of mortgage.........
Mechanics lein...........................
MINING BLANKS.
Notice of location (quartz)...... .
Deed of mining claim................
A pplication for patent,...............
Water Right lx>c»tion...............
Lode Representation..................
Placer Locatior...
.75
.75
.75
.75
.50
.75
.75
.75
.50
.75
.60
.50
.50
60
MICELLA''•'EOUS BLANKS
Sheriff sale.............. 50
Bounty certificate (wild animals) .50
Certificate of Incorporation...... . ,75
Bond........... 50
Acknowledgements.................. .33
Chattel mortgage........................75
Bill of sale.............. 75
Power of attorney....................., ,30
A discount of ten per cent, made on orders
amounting to »5. and twenty-five per cent, on
ord. ra amounting to $10 or over.
Postage prepaid on all orders. Special forms
of any blanks made to order at low prices.
Checks and money orders tobe maoe payable to
FISK BRO8., Helena, Moat.

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