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About The River Press (Fort Benton, Mont.) 1880-current | View This Issue
The River Press (Fort Benton, Mont.), 20 Feb. 1889, located at <http://montananewspapers.org/lccn/sn85053157/1889-02-20/ed-1/seq-1/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
• THE RIVER Vol. IX. Fort Benton, Alontana, *ednesdaY February 20,' 1889. No. 17. GL011101 The gayer Lining to the Cloud Appearing. ADMISSION IN SIGHT. The House Will Recede in Some Points, and Throw the Re- sponsibility of Keeping Out the Territories on the Senate. WILL IT KEEP THEM OUT? W AsH IN cTON, February 14. -F. A. Carle. in a telegram to the Pioneer Press from Washington last night. says: 'Party lines have been broken in the house, and the cause of the territories is now nearer triumphant than at any time this session. Nothing but a final spurt of filibustering 'en the part of the southern democrats prevented the house to -day from formerly yielding every point at issue between the two parties in the conference committee. Two of the three disputed points were carried by the republicans, with the aid of twelve or fifteen democrats, LED BY MR. cox. The vote on the third- was delayed by par- liamentary obstruction, but it must come to -morrow, and can only result in favor of the territories. The fate of tho territo ries in now in the hands of the senate,and if they are not admitted at this session, they will have the republicans of that body to thank for it. The house finally adjourned upon an agreement to resume voting at 11:45 to -morrow, the democrats promising TO NOT FILIBUSTER. No one on the republican side doubts what the result will Ise. The democrats, including Cox, are secretly or openly in favor of the concessions. No caucus has been called so far as known, and if one were it would probably be fruitless. The sincere resistance is confined to about fifty members, mostly southerners, who engaged;in filibustering to -day, but they pledged to permit a vote to -morrow. In all human probabilities, the house con- ferees will he instructed to recede from all the serious points in dispute, and the conference committee will meet after to- morrow with nothing except PARTISAN RELUCTANCE on the senate side in the way of an agreement. There have been plain signs within the last few days that it is weaken- ng and that the bill providing for the ad- mission of four new states by executive proclamation before congress meets in December, will go to the president for his signature,or veto,liefore the 4th of March. This is the first fruit of the election over which the people of North Dakota threw up their hats last November. THIS TELLS THE STORY. Now What Will the Senate Do With the Bill? - Special to the Iti‘er HELENA, February 15. - The house re- cedes from certain amendments to the ad- mission bill that insures its passage. So telegraphs Toole. The bounty bill has passed both houses, making the bounty on wolves and coyotes (The concessions by the house are these: New Mexico not to be admitted now. The qeestion of the division of Da- kota not to be submitted again to the people of that territory, but North Dako- ta and South Dakota to be admitted as states with Montana and Washington. -- ED.) THE ADMISSION HILL. Its Features and What Must be Done in Montana Under It. Wassnessoe, February 16.—Delegate Toole explained to the Independent cor- respondent to day that if the territorial bill passes in its present shape, as it is likely to, the legal voters of Montana will be call on to elect a constitutional con- vention. The election is to be held on the tirst•Tuesday after the second Monday in May, the proclamation thereof being made by the governor at least thirty days before the election. The convention is to sensist of seventy-five delegates and the apportionment of delegates is to be made by the governor, the chief justice and the (*tilted States attorney. At this election svery voter will have an opportunity TO VOTE FOR OR ACAINST the constitution. If a majority votes for the present constitution, the delegates will have nothing to do except to make such amendments as may be required to bring it into harmony with this act in re- lation to judicial districts, salaries of county officers in new counties, etc. The delegates will meet in convention at the territorial capital July 4th, 1889 and amend the old constitution or adopt a new one, according to the popular vote. If the old constitution is retained, the president may upon its amendment as al- ready described, procraim'that THE STATE OF MONTANA is admitted to the Union. If a new con- stitution be ordered it is to be submitted to the &sepia on the - Tuesday after the tirst Mei:Way in November, and 'upon ite ratification the president 'may proclaim the admission of the state of Montana. The bill appropriates $20,000 to defray the expenses of the constitutional convention, and the convention may provide for a full set of state officers and a representative to Congress. If the eonstitution is ratified the legislature may uaeet text elect two senators. Representative Cox, who offered suc- cessfully a series of instructions to the house conferees on the territorial bill looking to the immediate admission of South Dakota, has received letters from Fargo, Dak., signed by Chairman Ryan, of the democratic territorial committee, thanking him for his efforts in behalf . of statehood ter the Dakotas and other ter- ritories, and says that, rightly or wrongly, the impression has been created THAT THE DSMOCRATIC PARTY is responsible for denying the people of Dakota their undoubted right to come in- to the Union as two states, when they possess all the qualifications; that the people of Dakota are practically unani- mous in favor of division and statehood; that it is useless to waste time in taking another vote on division and asking for statehood at once and let the democratic party have the credit of giving it to us. The house committee on territories to -day authorized a favorable report to be made on the bill introduced yesterday by Dele- gate Joseph, providing fer an enabling act for the admission of New Mexico. WITHDRAWAL OF LANDS. The Desert Land Act Gets a Set Back in Cascade County. WASHINGTON, February 14.—By order of the general land office, upon a report of special agent Gunn, the following lands were withdrawn from entry under the des- ert land act, pending further investigation and report*: Commencing at a point where Smith river emerges from the little Belt mountains, thence running a north- erly course to the Missouri river to the north of Smith river, in township 19 N, range 2 E; thence down to, the Missouri river to the north of Beltcreek in town- ship 21 north range 5 E; thence up Belt creek in a southwesterly direction to the little Belt mountain in township 16 north range 7 E; thence west to the place of be- ginning. Also township 20 north s range 3 E, and 21 N, ranges 2, 3, 4, 5, east, excepting the lands in the valleys of Pelt creek and Sun River. • • On the 10th day of July, 1888, special agent W. W. Cleary, after investigation reported said lands to be desert in char- acter and recommerided that they be so declared. In pursuance of this report the general land office, by letter of February 1st, 1889, ordered the above lands relieved from suspension, and they now fall with- in the operation of the desert land act. . OF INTEREST TO SETTLERS. A Fort Benton Man Gets There With Roth Feet. HELENA, Felauary 16.—A short time ago Clark Tingley, of Fort Benton, made application to enter lands formerly in- cluded in the Blackfoot Indian reserva- tion, ceded to the United States under the treaty ratified May 1st, 1888. This land is located 15 or 20 miles from any govern- ment survey, and when the application was made to Register Langhorne for en- try it was rejected by this office for the reason that the applicant failed to de- scribe the land by legal sub -divisions as required under the rulings of the com- missioner of the general land office at Washington. During McFarland's reign as land coin- missioner the applicant was only required to state where the land was being taken up; for example; - So many acres along the Missouri river.\ Commissioner Sparks ruled that a survey should be made from the line nearest the land and the place de- scribed to the best of the applicant's knowledge. This latest decision of the land office was not complied with in Ting- ley's case, and the Helena office rejected the application under Sparks' ruling. Mr. Tingley wrote to the present commission- er, stating his case, and the matter was duly considered by that official, whose opinion overrules that of Sparks. 'rho reservation is not surveyed, so by this de- cision settlers may take up land in that section and their applications wilt be re- ceived without going to the expense of having a survey made as, required under Sparks' ruling. Ma. Iliases anti -sure -thing game bill, having passed both houses, will become a law. A compromise was effected between the two houses by giving the measure a council head and a house tail: but, all the same, it is Mr. Hunt's bili. Ti! E LEGISLATURE. — Proceedings of the 16th Legislative Assem- bly of Montana. HOUSE. C. B. 31, relating to gates and bars, was reported favorably from the agricultural committee and placed on general orders. COUNCIL. Collins, Hatch, 01(18 and Thompson, of Deer Lodge, were absent at roll call. HELENA, February 15.--Josly, - e, ait e Council bill No. 23, relating to the regu- and the chaplain were the only absentees lation of corporations was reported back and joint resolutions shall take effect in the house. Swiggett acted as the representative of the division by asking that he be excused from attendance. Three petitions, signed by 187 citizens of Choteau county, regarding the forma- tion of Teton county, were presented and referred to the committee on towns and counties. The petitioners desire the change because of their remoteness from the county seat of Choteau. The committee on town and counties practice act; referred to the committee on printing. H. B. 24,10 amend section 1,004, chapter 58 statutes. Referred to judiciary com- mittee. In the matter of the house amendments to C. B. 17, relating to the time when acts from the committee of the whole with the Middleton moved that the council adhere recommendation that it be referred to , to its former action thereon. It was so special committee for amendment in , ordered. , certain matters. It is a very important The surveyors' bill was recommended to bill, of interest to the general public. pass, with fewer important amendments. SUMMARY OF THE CORPORATION BILL. The house did notmeet this morning, It provies that all corporations organ- having adjourned until 4:30 p. m. on Sat- ized under the laws of Montana other : ur d ay. than charitable corporations, shall, on The medical bilt is under consideration September 1st next. (unless some other , by the committee of the whole. It was specifled day for that purpose be fixed in laid over at recess kind will probably be, the by-laws, and in that case then on the taken up again this afternoon. The bill recommended that a bill be framed pro- day so fixed) lifter reserving over and is a combination Of three bills that have - viding for the change in the boundary above the capital stock paid in,,as a work- been introduced during the session. The line between Gallatin and Madison cpun- ing fund and reserve fund for said corpor- friends of the bill expect to pass it as lit ty. This was afterwazds done and re- ation-, -- a sum to be specified by the board tie opposition is manifest. ferred to the printing committee. of trustees, not exceeding ten per cent. of its capital stock, if the capital stock be , The oortimittee on military affairs rec- COUNCIL—AFTERNOON. °emended the passage of the National -The council took $100,000 or less, 7% per cent. if it be over HELENA, February 18. - Guard bill; placed on general orders. i $100,000 and -less than $250,000, 5 per cent hold of the February 25th adjournment The report of the chairman of the cora if - it be over -$250,000 and less than $500,- resolution immediately after assembling. naittee of the whole in regard to the gam -1000, 3 1 4 per cent. if over $500,000 and less This aroused Judge Brown and he dolly- bling bill recommended the striking out I i than $1,000,000, and2% per cent. if $1,000,- - ered one of his celebrated uproarious of all after the enacting clause and the '000 or more, declare a dividend of the i whoop her -up orations that carried his adoption of the substitute. The committee reported adversely on the bill to repeal all text book laws, it was indefinitely postponed. The bill relating to criminal amendments was reported favorably ordered engrossed. C. B. No. 26 (substitute gambling bill) was ordered engrossed, with the amend- ments. Moore introduced a bill to amend the section in the statutes relating to posting and printing of city ordinances; referred to committee on printing. Davis gave notice of his purpose to in- troduce a bill for the relief of X. Beid- ler. The game and fish bill as amended by the council was read and the amendments concurred in. Rea moved that the the amendments to the posed by the council. Blakely wanted it referred back to the committee on towns and counties. He thought that the $2 bounty to be paid for a wolf skin would bankrupt the territory. Whitney contended that Blakely didn't know what he was talking about. He himself knew something about the rav- ages of these stock -destroying animals. Stockmen in his section, who had large amounts of capital invested, had told him that they hoped a bounty of five dol lars would be paid for the killing of coy- otes and wolves. Blakely argued -against the passage of the bill in a long speech. He said it was unjust for one county to pay a 50 cent bounty for the benefit of others. Haskell would vote to concur. Blakely moved to refer the bill back to the committee on stock Lost, 13 to 7. The motion to concur with the council in the matter of the amendments was adopted. This was a sunrise to the op- ponents of the council amendment, mak- ing the bounty $2, as no sentiment had developed the purpose on the part of the house te go back on its own bill. -'It is lkely that the bill wiil be reconsidered this afternoon. hearers into the upper realms of wonder whole of the accumulated profits in excess a of the amount of such working fund andnd astonishment. He talked about eve - and reserve capital and place it to the credit I ra' thing else but the question at issue, of the stock holders, according to their and took occasion to say a good many interests, and pay the saki° to such stock th ings•about himself. He commented se - holders on demand. Provided that noth- verely on Cleveland's party; said he was ing herein shall prevent a company from glad he had left the democratic party and paying dividends oftener than once a I wouldn't go back into it again if it was year; and, if dividends are - oftener paid, ' resurrected from hell. He didn't care for the share holder shall have the same nobody. He was not afraid of God or the rights and remedies under a by-law or devil or anybody else. Me was elected on custom of the corporation to that effect the registration issue, he said, and he as are hereby conferred respecting the would sit in his seat until midnight of declaration and payment of dividends an- the Jest day and vote against adjournment nually. All corporationa organized un- j unless this bill was passed. He was fiery der the laws of the territory shall keep an I and vehement and his effort did not cre- office therein where shall be kept all rec- ate much impression. Comment in the ords, books, accounts and papers relating lobby and among the spectators in the to the affairs thereof, which shall, at all rear was the reverse of approval. Mid - times, during reasonable business hours dleton was engaged in dissecting him be open to the inspection and examine- when this report closed. tion of any stock holder or his attorney, couNcrs. who may take copies thereof. A penalty HELENA, February 19.—Collin d was in his seat to -day, and Conrad, Huffman and Hatch were absent at roll call. Bickford still holds on, and no effort seems to be made to oust him. There was a general laugh indulged in to -day over an expression made by a humorous- ly inclined member of the council, that Bennett's contest had fallen into the law and house concur in bounty bill pre - COUNCIL. At the roll call this morning three of the members were missing—Collins, Hoff- man and Hatch. Hoffman secured an- other leave of absence for another day. Kennedy got in another _petition for his election bill signed by 63 citizens of Cus- ter county. - Olds introduced C. B. No. 38, relating to the appointment of deputy clerld at isolated places; referred to printing com- mittee. HOUSE. HELENA, Februry 16.—The house as- sembled at 11 o'clock. Davis moved that H. B. No. 8 (the bounty bill) be considered. Hunt moved to postpone consideration until Monday; Sexton wanted it set for Tuesday, and Rea suggested Wednesday at 11 o'clock. The vote on Rea's motion resulted: ayes 12, nays 6. Comfort presented a remonstrance from citizens of Madison county against the annexation of any portion of that county to Gallatin, and it was referred to the proper committee. The committee of the whole reported back H. B. 24, to amend the statutes re- lating to alimony and divorced women, recommending its adoption; C. B. 19 (the vagrant bill) that it do not pass; H. B. 15 (military bill) that it do pass. H. B. 19, relating to executions, was placed on the foot of the calendar. Hunt introduced a bill for the appoint- Ment of stenographers in district courts. The salary is fixed at $1,8'10 and 5 cents per folio of paper furnished in civil cases. The vote on the passage of the vagrant bill resulted: ayes 3, nays 16. The military b1:1 was taken up for con- sideration, read by title, and put upon its passage. Johnson and Saxton were the only members that voted in the negative. The vote was 19 to 2. adopted. The president appointed as the special committee Middleton, Bickford, Brown, Hatch and Hoffman. Council took a recess until 2 p. m. THE GAMBLING BILL. The gambling bill came up in the coun- cil immediately after assembling in the afternoon. It is practically the Hunt bill that has passed the house. Everything in the council bill except the enacting clause was stricken out, and the Hunt bill, amended in several places, was at- tached to it. The two bills are very simi- lar and there is little difference in the language or the provisions. Middleton favored an immediate dispo- sition of the bill. - Bickford moved that the bill be re- ferred to the printing committee, as rt was unintelligible in its present shape. A vote taken on the proposition was voted down, 7 to 2. A motion to consider it the first thing in general orders was carried. The house memorial to congaess, pray- ing for admission was read by the clerk. Middleton moved to make it the special - order for the 4th of July. The president ruled the motion out of order and the memorial was referred to the committee on territorial.affairs. The gambling bill is up again and Mid- dleton is advocating its passage and has made e motion to adopt the council amendments. COUNCIL. HELENA, February, 18.—Collins and the two Thompsons were absent at roll call. Thompson, of Silver Bow was granted leave of absence for to -day. Brown pre- sented a petition from 116 citizens of Bea- verhead county in favor of the passage of the bill to close saloons and gambling houses from Saturday night at midnight to.Sunday midnight; referred to the com- mittee on education and labor. The committee on territorial affairs re- ferred back the memorial relating to state- hood and recommended its passage. The rules were suspended and a vote taken on the adoption of the report. It resulted as follows: Ayes—Brown, Hatch, Kennedy, Olds, President -5. Noes—Bickford, Conrad, Hoffman and Middleton -4. Brown introduced a bill to amend sec- tion 272, second division, compiled stat- utes of Montana, relating to the probate soup and he had burned his fingers by trying to take it out again. Judge Brown has cooled down, and the thermometer marks a fall of 23 degrees since yesterday. The indications for a peaceable and amicable afternoon session of $5. and the further sum of $10 per day, is imposed upon the secretary or treaeur- er if he Jhall refuse or neglect to comply with the provisions 6f the law. Strong restrictions are placed upon a treasurer or other officer in regard to disposing of any property belonging to the corporatien and the diversion of the funds of the cor poration to any use, objects or purposes ether -than those mentioned in the arti- cles of incorporation. The intentional and wilful violation of any of the provis- ions of the act is declared to be fraud. Thompson, of Silver Bow, is the father of the bill. He made a long speech in fa- are favorable. - The brief service of the vor of it, occupying most of the forenoon. chaplain seemed to have had a good ef- On motion of Hoffman the report was feet on the members. The committee on immigration report- ed favorably on the bill for an act provid- ing.for the safety of passengers traveling by rail in Montana; referred to Bickford, Middleton and Brown, special committee. The committee on elections recommend- ed the passage of H. B. 18, providing for the registration of the names of electors and to prevent fraud at elections; placed on general orders. - Kennedy gave notice of his intention to introduce a bill to prohibit all gambling. H. B. 6, relating to the practice of med- icine, was read a third time and passed by a unanimous vote, except C,onrad,Huff- man and Hatch,who have shown up since roll call. The memorial to congress relating to statehood, has got along to the point where it is reported as correctly en- , - rolled. C. B. 32, relating to 'exemption from jury duty, was taken up. An amendment to exempt the members of the National Guard from duty was voted down -5 to 6. The bill itself was ordered to be en- grossed. Adjourned to 2:30. CKennedy, who presided yesterday when Judge Brown delivered his athletic ora- tion, seemed to be greatly pleased with the effort. He made an attempt to call the judge to order when he was giving the president a crack, but the Beaverhead representative paid no attention to it, and the subsequent proceedings were free from interruption. The council indefinitely postponed the resolution to adjourn on the 25th. HOUSE. The house got down to business imme- diately after roll call. Hunt at once reported that the judi- ciary committee recommended the bill providing for the removal of licensed gambling signs, as amended. The house resolved in committee of the whole, Jones in the chair, for the consid- eration of H. B. 19, relating to attach- ments. Hunt's mction that it do not pass was met by an amendment by Blakely that it do pass. • Saxton expressed a desire to hear ex- pressions of opinions from the members on both sides. He considered that the bill gave the agency for collection undue power in making good judgments and claims against stock. He thought that if a person loaned money on cattle he should resort to the same measures as others did •n collecting' their Blakely believed th.it the proposed measure was in the int( rest of the cred- itor as well as the debtor.: It saves the defendant the expense of , going but -on the range gathering cattle. As it is now a sheriff can attach cattle on the range just as he does other property. Hunt advoeated a strict adherence to the old law. \I he proposed changes, he believed, would work serious inj_ustiee to the debtor. Flowers explained the object orthe bill and Haskell thought the objections to it might, be remedied by amendment. - Finally after considerable discussion a motion ta report a recommendation that the bill be indefinitely postponed was adopted. H. B. 16, providing for, the appointing of a mine inspector was then taken up and considered by sections. Section 1, was adopted. Moore's proposed amendment to secti.m 2, that the incumbent of the office be a native born citizen and a resident of Mon- tana and a tax payer therein, created a decided commotion. In support of the amendment he argued that the issue in this matter was capital and labor. He wanted every safeguard possible thrown around all parties interested. He de- sired, as far as possible, to remove it abo.lie the influence of class or race. He thought a Yankee less liable to be influenced by the foreign element'. Roberts did not approve of the senti- ments expressed by More. He was a naturalized citizen but considered him- self as practical as any born American. Moore asserted that the miners at Ana- conda were mostly Irish- and those at Granite were mostly Cornish, and that an inspector selected from either of these na- tionalities would be impartial. - Roberts, Joslyn, Davis and Mantle ar- gued on the question. Roberts denied Moore's statement that the miners at Anaconda and Granite were Irishmen and Cornishmen almost exclu- sively. All raees were employed. Joslyn said it was a matter of common report that the laborers at Anaconda were almost exclusively Irish, and when there were two men of different nationalities equally sif competent, who applied for work, the Irishman was always certain to get the situation. He did not believe that Moore had intended to cast any slur on any race. Clannishness, he said, was characteristic of the }Inman race. Amer- icans in foreign countries stick pretty closely to each other. He was in favor of a native American to fill this important position. Davis contended that such a proposi- tion was in conflict with the constitution of the United Stat.?, and there was no sense in wasting time discussing it. When a foreigner becomes a citizen of the United States by naturalization he is en- titled to all the privileges of holding of- fice that a native born citizens had con- ferred upon him. After further discus- sion the amendment as to require that the office must be held by a citizen of the United States which will be a barrier to any one who has simply declared his in- tention to be naturalized, further consid- eration of the bill was postponed and the house took up other business. An invitation was extended by Presi- dent Broadwater of the Montana Central road and two hundred citizens of Great Falls, to the members of the house to pay a visit to that city on Friday, leaving Helena at 8 p. m. Joslyn moved that the invitatian be ac- cepted. H. B. 31, relating to gates and bars was passed, but reconsidered by a vote of 13 to 4. It will be recalled from the council. Gillette, from the engrossment com- mittee reported C. B. 26 correctly engross- ed. It provides foir_ the prohibition of certain kinds of gambling, the original . Hunt's bill, amended in slight particu- lars and changed to a council bill. The statehood memorial was reported as correctly engrossed. It has passed both houses. A FIENDISH ACT. A Drunken Husband Kills Hi tl Wife, Two Daughters and Hired Girl. PARKERSBURG, W. Va., February 18 -- News reached here from Elizabeth, Wert county, of the most horrible crime, com- mitted near there Friday night. John Elsmer, a prosperous farmer and formerla - a local preacher, went home drunk and ,beat his wife because supper was not ready. He then worked himself into a frenzy of rage, and seizing a heavy poker, brained his wife and two daughters, aged respectively 12 and 17, and also killed his hired girl. He then set fire to the house and burned the bodies. He is in jail at Wert court house and the sheriff and a strong guard are present to prevent lynch- ing if possible. Elsmer claims that thieves did the terrible work. A $3.00 premium arid the RIVER PRES, one year, for $3.50.
