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Full text of "Annals of Wyoming"

CY 
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63 



Pf Wyoming 







FORT BRIDGER OFFICERS ROW. 1866 
Courtesy Natioiuil Ptirk Service 



April J 9 68 



WYOMING STATE LIBRARY. ARCHIVES AND 
HISTORICAL BOARD 

Fred W. Marble, Chairman Cheyenne 

E. A. Littleton Gillette 

Henry Jones Laramie 

Mrs. Dwight Wallace Evanston 

E. W. Mass Casper 

Mrs. Wilmot C. Hamm Rock Springs 

Mrs. Willlam Miller Lusk 

Pail .Stadius J hermopolis 

Attorney General John F. Raper. Ex-Officio 



WYOMING STATE ARCHIVES AND HISTORICAL 
DEPARTMENT 

STAFF 

Lola M. Homsher Director 

Henryetta Berry Assistant Director 

Mrs. Katherine Halverson Chief. Historical Division 

Mrs. Bonnie Forsyth Chief. Archives & Records Division 



ANNALS OF WYOMING 

The Annals of Wyoming is published semi annually in April and 
October and is received by all members of the Wyoming State Historical 
Society. Copies of current is.sues may be purchased for $1.00 each. 
Available copies of earlier issues are also for sale. A price list may be 
obtained by writing to the Editor. 

Communications should be addressed to the Editor. The Editor does 
not assume responsibility for statements ol fact or of opinion made by 
contributors. 



Copyrii^ht, 1963, by tlw Wyoiuini^ Slate Archives and 
Historical Departnient. 



A^mls of Wyoming 



Volume 35 



April 1963 



Number 1 




Lola M. Homsher 
Editor 



Katherine Halverson 
Assistant Editor 



Published Biannually by the 

WYOMING STATE ARCHIVES AND HISTORICAL 
DEPARTMENT 



Official Publication 

of the 

WYOMING STATE HISTORICAL SOCIETY 



WYOMING STATE HISTORICAL SOCIETY 

OFFICERS 1962-1963 

President, Charles Ritter Cheyenne 

Firs! Mre President, Neal Miller Rawlins 

Second Vice President. Mrs. Charles Hord Casper 

Secretary-Treasurer. Miss Maurine Carley Cheyenne 

Executive Secretary, Miss Lola M. Homsher Cheyenne 

Past Presidents: 

Frank L. Bowron, Casper 1953-1955 

WILLIA^t L. Marion, Lander 1955-1956 

Dr. DeVVitt Dominick. Cody 1956-1957 

Dr. T. a. Larson, Laramie ..- 1957-1958 

A. H. MacDougall, Rawlins 1958-1959 

Mrs. Thelma G. Condit, Buffalo 1959-1960 

E. A. Littleton. Gillette 1960-1961 

Ednfss Kimball Wilkins. Casper 1961-1962 



The Wyoming State Historical Society was organized in October 1953. 
Membership is open to anyone interested in history. County Historical 
Societx Chapters have been organized in Albany, Big Horn, Campbell. Car- 
bon, Fremont, Goshen, Johnson, Laramie, Natrona, Park, Platte, Sheridan, 
Sweetwater, Washakie, Weston, and Uinta counties. 



State Dues: 

Life Membership $50.00 

Joint Life Membership (Husband and wife) 75.00 

y\nnual Membership 3.50 

Joint Annual Membership (Two persons of same family at 

same address.) 5.00 

County dues are in addition to state dues and are set by county organ- 
izations. 

Send State membership dues to: 

Wyoming State Historical Society 
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Cheyenne, Wyoming 



Zable of Contents 



CAMP WALBACH 5 

Garry David Ryan 

THE CONGRHSSIONAL CAREER OF JOSEPH MAULL CAREY ... 21 
George W. PauLson 

SOLDIERING ON THE FRONTIER 83 

JACK ELLIS HAYNES— A TRIBUTE 85 

Horace M. Albright 

WYOMING'S FRONTIER NEWSPAPERS 88 

Elizabeth Keen 

WYOMING STATE HISTORICAL SOCIETY 

President's Message by Charles Ritter 102 

Minutes of Ninth Annual Meeting, September 8, 1962 103 

BOOK REVIEWS 

Athearn, Rebel of the Rockies 112 

Santa Fe Conference, Probing the American West 113 

Johnson. The Unregimentecl General 114 

Brown. Fort Phil Kearny — An American Saga 115 

Lass, A History of Steamboating on the Upper Missouri 116 

Barsness, Gold Camp 117 

Howard. The Great Iron Trail 118 

University Press Reprints 119 

CONTRIBUTORS 120 

ILLUSTRATIONS ACCOMPANYING ARTICLES 

Fort Bridger, Officers Row, 1866 Cover 

Camp Walbach 4 

Joseph Maull Carey 22 

Wheatland, 1897 24 

Sketch of Fort Bridger, 1857 82 



Camp Waltack 

JsJetraska Zerritory, J 858- J 859: 

Zke Military Post 

at Ckeyenne Pass 

By 
Garry David Ryan 

Early on September 9, 1858, Companies L and M. 4th United 
States Artillery, escorted by a fifteen man detachment from Com- 
pany D. 2d Dragoons, and encumbered by a long train of heavy 
wagons and a herd of forty cattle, marched out of Camp Payne, a 
temporary military installation located at Fort Laramie, Nebraska 
Territory, and headed towards Cheyenne Pass, eighty miles to the 
southwest.' Beyond the post, the column swung on to the route 
traversed by Captain Howard Stansbury of the Topographical 
Bureau on his return trip from Salt Lake City in 1850. Across 
Baptists Creek and the Chug, up the left bank of that stream to its 
source, past the dykes of sandstone to Horse Creek, and, finally, to 
L.odgepole Creek, the caravan slowly retraced Stansbury's path.- 

Sometime during the tenth day. Brevet Major Thomas Williams, 
who commanded the column, halted the march at the intersection 
of Stansbury's route and Bryan's Road near the head of Lodgepole 
Creek at the eastern entrance to Cheyenne Pass. After spending 
the next two days reconnoitering the area, Williams chose "a gentle 
slope descending from the North to Lodge Pole Creek, sheltered 
from the north and west, & partially so from the east & south" upon 
which to erect the camp at Cheyenne Pass.-' Williams then issued 



1. Post Return, Camp Walbach. Nebraska Territory, September 1858, 
records of The Adjutant General's Office (hereafter TAGO), National Ar- 
chives. Record Group 94. Hereafter records in the National Archives are 
indicated by the symbol N A. followed by the record group ( RG ) number. 

2. "Sketch of Bvt. Major Williams" route from Fort Laramie to Cheyenne 
Pass, under orders to establish a post. September, 1858." This sketch is 
filed under "Roads 165." cartographic records of the Office of the Chief of 
Engineers, NA, RG 77. 

3. Williams to the Acting Assistant Adjutant General. Headquarters, 
District of the Platte, Fort Laramie, Nebraska Territory, September 23, 
1858, Letters Sent. Camp Walbach, records of the United .States Army 
Commands (hereafter Army Commands), NA, RG 98. 



6 ANNALS OF WYOMING 

his Orders No. 1 naming the new camp for Brigadier General John 
De B. Walbach, who had commanded the 4th U.S. Artillery from 
1842 until his death in 1857.^ 

While Camp Walbach's commander was penning his first order, 
his men were engaged in unloading wagons and erecting the tents 
which were to shelter them from the fierce winter which lay just 
ahead. Once emptied, many of the wagons were turned over to 
Lieutenant John K. Mizner and his dragoons who thereupon bade 
farewell to the small garrison and began the return journey to 
Fort Laramie. The short, unhappy history of Camp Walbach, 
Nebraska Territory, was about to begin. 

Major Williams and two companies of the 4th Artillery had been 
sent to Cheyenne Pass to construct and garrison a post which was 
to guard an important section of the proposed Fort Riley - Bridg- 
er's Pass Road now under construction, and, more important, to 
protect the War Department's long and vulnerable supply line to 
the Army of Utah. The Fort Riley - Bridger's Pass Road was one 
of many road-building projects placed before Congress in the early 
1 850's. Its proponents argued that the road would provide a more 
direct route west from the Missouri River settlements and thus 
shorten the trip to Utah and California by nearly a hundred miles. 
Instead of curving north from the Platte River to Fort Laramie 
and South Pass and then south to Fort Bridger, the Fort Riley- 
Bridger's Pass Road was to run due west from the Platte to Fort 
Bridger by way of the South Platte, Lodgepole Creek, Cheyenne 
Pass and Bridger's Pass. 

This argument, coupled with easy assurances that the new route 
would prove no more difficult to travel than the Oregon Trail, so 
impressed the lawmakers, that in 1855 Congress appropriated 
$50,000 towards the construction of the road. The following year 
Lieutenant Francis T. Bryan of the Topographical Bureau made a 
reconnaissance of the route, reporting an abundance of water but a 
shortage of fuel along the way. In 1857 Bryan initiated work on 
the route by leading a party of laborers over its course. This 
party removed obstacles and graded the banks of streams at the 
wagon crossings. By 1858 an increasing number of wagons were 
using the new cut-off.'"' 

The same years that saw work begun on the Fort Riley-Bridger's 
Pass Road also witnessed the steady deterioration of relations be- 



4. Post Orders No. 1, Camp Walbach, September 20, 1858, records of 
Army Commands, NA. RG 98. This was the second time that Williams 
had named an army post established under his command for General Wal- 
bach. In December 1856, he had named a camp near the present site of 
Fort Myers, Florida, Camp Walbach. It was abandoned the following 
month. 

5. W. Turrentine Jackson, Wagon Roads West (Berkeley: University of 
California Press, 1952), pp. 122-124, 127-130. 



CAMP WALBACH 7 

tvveen the Mormons and Federal officials in the Territory of Utah. 
To uphold Federal authority in the Territory, President Buchanan 
sent 5,000 troops into Utah during 1857 and 1858. These troops 
were organized into the Department of Utah under Colonel Albert 
B. Johnston. To protect its communications with that department 
the War Department, in March 1858, created another geographical 
command, the District of the Platte. Brevet Colonel James Mun- 
roe, commander of the 4th U.S. Artillery, was placed in charge of 
this district which was to comprise "so much of the line of com- 
munication [with the department of Utah] as passes through the 
Territory of Nebraska." Munroe was made responsible for the 
safety of trains and cattle as far as South Pass where escorts were 
to be provided by the Department of Utah. For this purpose he 
was to "occupy, temporarily or permanently, such other points on 
the line | of communication], and make such disposition of the 
troops of his command, as the service shall from time to time, 
indicate to be necessary.''*' 

Four months after Munroe had assumed command of the Dis- 
trict of the Platte, Secretary of War John B. Floyd decided that the 
safety of military and civilian trains using the short-cut through 
Cheyenne Pass required the establishment of a military post at this 
key point along the Army's line of communication to Utah. There- 
fore, on July 10, 1858, he had the Adjutant General write to the 
Commander of the Army, Major General Winfield Scott, directing 
him to issue the necessary orders.' 

Scott, comfortably esconced at his summer headquarters at 
West Point, New York, did not immediately carry out his superior's 
command. Instead, in a long and well reasoned letter, he tried to 
dissuade the Secretary of War from his proposed course. Although 
the establishment of a military post at Cheyenne Pass was highly 
desirable, Scott wrote, there were two serious drawbacks in at- 
tempting to do so in 1858. First, and more important, there was 
no sizable force of infantry available to garrison the new post. Too 
sizable force of infantry available to garrison the new post. Too 
many infantry units were tied down in Utah and Oregon and none 
could be released from their current duties until the spring of 
1859.^ 

Second, and more fundamental, the season was too far advanced 
to permit a careful examination of the entire area in the vicinity 



6. General Orders No. 6, Headquarters of the Army, New York City, 
March 27. 1858, records of TAGO, NA. RG 94. The 4th Artillery and two 
companies of the 2d Dragoons were the only units assigned to the District 
of the Platte. 

1. Adjutant General Samuel Cooper to Scott, July 10, 1858, Letters 
Received, A 229 (1858), records of the Headquarters of the Army, NA, 
RG 108. 

8. Scott to Cooper, July 14, 1858. Letters Sent. vol. 7, pp. 370-371. ibid. 



8 ANNALS OF WYOMING 

of the pass for wood, water, grass, and building materials. This 
was a matter of great moment, the General reminded the Secretary, 
because they, Scott and Floyd, had agreed that "if the route via 
the Cheyenne and Bridger's Passes should prove good at all sea- 
sons, the post at Fort Laramie might be abandoned after this year 
[1858], or, very much reduced" and the new post at Cheyenne 
Pass made permanent. In the light of these considerations, Scott 
advised F"loyd to postpone the erection of a post at Cheyenne Pass 
until the spring of 1859.'' 

Scott's cogent arguments failed to deter the secretary from Vir- 
ginia. On July 19, 1858, he again sent word to the Commander 
of the Army that he was "exceedingly anxious that a post should 
be established, if possible, this season either at Cheyenne or Bridg- 
er's Pass - whichever locality may be found the most (sic) suit- 
able."'^" Floyd's curious introduction of an alternate location for 
the proposed post proved no alternative at all. Bridger's Pass was 
even more remote and inaccessible than Cheyenne Pass and upon 
investigation was found to be "destitute of all the essential requi- 
sites to sustain a military post."" 

The peremptory tone of this second letter forestalled any further 
protest on the part of Scott. He immediately issued orders to 
Colonel Munroe at Fort Laramie directing him to dispatch two 
companies of his command to Cheyenne Pass. Munroe selected 
Companies L and M, 4th Artillery, for this assignment and placed 
them under the command of Major Thomas Williams. ^- 

Munroe's choice of Williams, whatever his reasons, proved an 
excellent one. Ambitious, energetic, and able, the forty-three year 
old officer had graduated from West Point in 1838, twelfth in a 
class of fifty, and far ahead of classmates Joseph Hooker, John C. 
Pemberton, and John Sedgwick. During the score of years that 
separated West Point from Walbach, Williams had twice seen ser- 
vice in Florida against the Seminoles, and had spent several years 
at Fort Mackinac on the Canadian frontier. The high point of his 
career had been the six years, 1844 - 1850, he had spent as Scott's 
aide-de-camp, especially the eighteen months he served with the 
general in Mexico. For his work there, WilHams had received high 
praise in Scott's official reports and had twice been brevetted for 
gallantry. ^■'' 



9. Ihid. 

10. Cooper to Scott, July 19, 1858, Letters Received, A 240 (1858), ihid. 

11. Munroe to Scott, September 4, 1858, Letters Received, M 510 
(1858), records of TAGO, NA, RG 94. 

12. Special Orders No. 98, Headquarters of the Army, West Point, N.Y., 
July 23, 1858; Special Orders No. 9, Headquarters, District of the Platte, 
ihici. 

13. Brevet Major General George W. Cullen, Biographical Register of 
the Officers and Graduates of the U.S. Military Academy (Boston: Hough- 



CAMP WALBACH 9 

Despite a career not without its rewards, Williams was a dissatis- 
fied officer in the summer of 1858. He had gone west early that 
spring with high hopes of joining the Army of Utah. Instead he 
found himself burdened with routine garrison duties at Fort Leav- 
enworth and Fort Laramie. During this summer of his discontent 
Williams wrote the War Department requesting an assignment 
commensurate with his rank as brevet major. Before his letter 
could be acted upon in Washington, however, Munroe ordered him 
to Cheyenne Pass.^ ' 

At Camp Walbach Williams served as post commander and as 
the commanding officer of Company L, 4th Artillery. In both 
roles he proved a tough minded, capable leader. He issued highly 
unpopular orders without hesitation or explanation. He insisted 
on strict observance of army regulations despite the abnormal 
conditions at the post. He refused to temper justice with mercy in 
dealing with violations of the military code, even though the cir- 
cumstances might easily have so warranted. 

But his unpopular orders redounded to the welfare of the garri- 
son; his strong support of army protocol maintained order and 
discipline; and his well-known mercilessness as a prosecutor proved 
an important factor in keeping down the number of crimes and 
military violations at the post. In the end, even his numerous 
critics at Walbach testified to his ability and energy and grudgingly 
admitted that in a savage wilderness, with a group of unruly and 
hard men to manage, Williams' high-handed actions were not only 
defensible but necessary.^'' 

The garrison which Williams commanded at Camp Walbach 
numbered six officers and ninety-three enlisted men in September 



ton. Mifflin and Company. 1891). I, 671-672. Brigadier General Williams 
was killed in action on August 5. 1862. at Baton Rouge. Louisiana. He was 
in command of the Union forces defending that city at the time. 

14. Williams to Cooper. September 23. 1858. Letters Received, W 347 
( 1858), filed as Enclosure 19. Records and Pension Office File No. 763932, 
records of T.A.GO. NA. RG 94. This letter marked the culmination of 
months of frustration for Williams who had been assigned to the "Utah 
Forces" but never got to Utah. 

15. In May 1859, a general court-martial was held at Fort Laramie in 
which seven members of the former garrison at Camp Walbach were tried. 
Witness after witness testified to Williams' iron rule. Except for several 
of the defendants these same witnesses admitted that Williams" methods were 
justified. The proceedings of this general court-martial are included in 
General Court-Martial (hereafter CM) 11" 46, records of the Judge Advo- 
cate General's Office (hereafter JAGO), NA, RG 153. This file is the 
richest source of information concerning living conditions at Camp Walbach 
that the author was able to find in the National Archives. The fact that all 
the statements made were given under oath enhances the reliability of the 
information contained within. 

* II:=Ninth letter of alphabet in both cases. This citation appears in 
several other footnotes, viz. Nos. 18, 20, 32, 33, 34. 40, 41, 44, and 56. 



10 ANNALS OF WYOMING 

1858. These figures drifted slowly downward during the next six 
months until they stood at four officers and eighty-six enlisted men 
at the time the post was abandoned in April 1 859.^*' Four of these 
officers shared with the major the administrative burdens of main- 
taining the camp and attending to the welfare of the men. One of 
these. Lieutenant Charles D. Anderson, served Williams well as the 
commanding officer of Company M, 4th Artillery, and as one 
member of the post's two-man council of administration. While 
at Cheyenne Pass Anderson appears to have been a quiet, efficient, 
if somewhat docile officer, who at all times followed Williams' 
lead. 

Quite the contrary was Lieutenant Clermont Livingston Best. 
As post quartermaster and commissary of subsistence. Best en- 
gaged Williams in a series of petty squabbles which could only 
have been engendered by two antipathetic personalities. Much 
of Williams' official correspondence of September and early Octo- 
ber 1858 involved criticisms of Best's actions coupled with curt 
demands for formal written explanations of these actions, explana- 
tions which were almost always rejected as inadequate. After four 
weeks of squabbling over the repair of a wagon, the verbal chas- 
tisement of a herder, and other matters of equal moment, Williams 
removed Best from his two positions.^' 

By this time, however, Best had become the rallying point of 
the malcontents at Walbach. On the eve of his departure for Fort 
Laramie and the East in December, 1858, a delegation of enlisted 
men of Company M presented him with a petition signed by over 
half the men of that unit, demanding the removal of Major Wil- 
liams as post commander. ^"^ The delegation asked the lieutenant 
to present their petition to Colonel Munroe at Fort Laramie. 
Instead of delivering a stinging rebuke or worse, Best openly 
sympathized with the men, telling them that in his opinion their 



16. Post Returns, Camp Walbach. September 1858 -April 1859, records 
ofTAGO. NA. RG 94. 

17. Post Orders No. 13, Camp Walbach, October 10, 1858, records of 
.Army Commands. N.\. RG 98. The Camp Walbach, Fort Laramie, and 
District of the Platte correspondence for September and October 1858 reveal 
the main outlines of this stormy relationship. 

18. Testimony of 1st Sgt. Nicholas Redman. Co. M, 4th U.S. Artillery, 
given at the general Court-martial of Pvt. Daniel O'Callaghan, Co. M, 4th 
Artillerv. at Fort Laramie, May II, 1859, CM-II46, records of J AGO, NA, 
RG 153. 

19. Article 35 states in part: '"If any inferior officer or soldier shall think 
himself wronged by his Captain or other officer, he is to complain thereof 
to the commanding officer of the regiment, who is hereby required to sum- 
mon a regimental court-martial, for the doing justice to the complainant; 
from which regimental court-martial either party may, if he thinks himself 
still aggrieved, appeal to a general court-martial." Rei^nilations for the 
Army of the United States. 1S57 (New York: Harper & Brothers, 1857), 
Appendix, p. 7. 



CAMP WALBACH ' 11 

demand was justifiable under paragraph thirty-five of the Articles 
of War.''-' Despite his apparent agreement with the delegation 
Best never presented the petition to Munroe. In fact, after its 
delivery to Best that December night, the petition was never seen 
again.-" 

When Williams relieved Best from his duties as post quarter- 
master and commissary of subsistence on October 10, 1858. he 
assigned Lieutenant George A. Kensel to the two positions. A 
month later Kensel also succeeded Lieutenant William Abert as 
post adjutant. The extant records of Camp Walbach do not 
indicate whether Kensel was more efficient and more amenable 
than Best or whether he was simply too overwhelmed with work 
to take issue with the post commander. What is clear, however, 
is that he managed to carry out his numerous and taxing duties 
to Williams' satisfaction. 

The final member of this administrative quadrumvirate. Assist- 
ant Surgeon Ebenezer Swift, was in charge of the post hospital. 
His staff consisted of a hospital steward, a male nurse, a cook, and 
a matron. All but the matron, Mrs. Sarah Cronin, wife of the 
hospital steward, were enlisted men.-^ Swift also doubled as camp 
artist and cartographer: the sketch of the post and the map of the 
route from Fort Laramie to Cheyenne Pass which Williams sent 
on to the War Department in Washington were the surgeon's 
work.-- 

The enhsted personnel stationed at Cheyenne Pass, like the 
officers, proved a mixed bag. In a period of opportunity and 
expansion, the Army's offer of low pay and long hours, dangerous 
work and wretched living conditions, did not always attract the 
highest type of individual. And Camp Walbach's garrison in- 
cluded the usual percentage of misfits, malcontents, and adven- 
turers, who, for one reason or another, had joined the colors. 

Yet, among this unprepossessing group of enlisted men who 
wore the Army blue at Cheyenne Pass, there were at least two 
individuals worthy of some notice. At one end of the enlisted 
hierarchy stood the imposing figure of 1st Sergeant Richard H. 
Jackson. Jackson, an Irish immigrant, had enlisted as a private 



20. This entire incident is based on the testimony of 1st Sgt. Redman 
who had the courage to appear as a witness in defense of one of his former 
subordinates and the honesty to admit that most of the miseries of life at 
Camp Walbach resulted neither from Williams' cruehy nor from his in- 
competence but from the very nature of the situation there. CM - II 46, 
records of JAGO, NA. RG 153. 

21. Muster Rolls, Hospital Detachment, Camp Walbach, September 
1858 - February 1859. records of TAGO. NA, RG 94. 

22. Williams to Cooper, January 14, 1859, Letters Received, W 40 
(1859), Ihid. The sketch of the post and the map of the route were sent 
to the Topographical Bureau on February 1 1, 1859. 



12 ANNALS OF WYOMING 

in I 85 I, and was to retire in 1892 as a lieutenant colonel, after 
having attained the exalted rank of brevet major general of volun- 
teers at the close of the Civil War. At the other end of the enlisted 
spectrum, the compiler of historical registers of U.S Army officers, 
Private Francis B. Heitman, was serving his first enlistment.--^ 

In addition to the military personnel, the garrison at Camp 
Walbach included almost a score of civilian employees of the 
Army. William S. Grux, wagonmaster; Matthew Keller, express 
rider; and Michael Duvall, guide and Indian interpreter, held the 
more remunerative positions among this group. In addition, the 
Quartermaster Department also employed ten teamsters, two mule 
and two cattle herders at the post. Matron Cronin and a Mrs. 
Bannon, the camp laundress, comprised the female work force. -^ 

That all-important civilian, the post sutler, John Tutt of St. 
Louis, did not make his initial appearance at Cheyenne Pass until 
January 1859, and worse, arrived without sutler's supplies. This 
despite the fact that Secretary of War Floyd had appointed Tutt 
almost three months before Major Williams and his command 
left Camp Payne!-"' During his unexplained absence Mr. N. R. 
Fitzhugh of Fort Laramie furnished the garrison with sutler's 
supplies "from time to time, under circumstances of great difficulty 
and inconvenience to himself." Ignoring Tutt's belated presence 
Lieutenants Anderson and Kensel, the post's council of adminis- 
tration, recommended Fitzhugh for the position of camp sutler. 
Williams approved the recommendation and the Secretary of War 
formally appointed Fitzhugh in March 1859.-" 

From first to last the garrison at Camp Walbach devoted most 
of its time, thought, and energy to maintaining itself in the wilder- 
ness, while laying the foundations of a permanent post at Cheyenne 
Pass. To accomplish these tasks Major Williams immediately 
instituted a six-day work-schedule which took maximum advantage 
of the precious daylight hours. Reville was at 5:30 A.M., with 
fatigue call an hour later. Except for a ninety minute pause for 



23. Muster Rolls, Cos. L and M, 4th U.S. Artillery, Camp Walbach, 
Octoher 1S58 - April 1859, ihitl. Francis B. Heitman, Historical Register 
(uut Dictionary of the United States Armx (Washington: Government Print- 
ing Office, 1903), I, 568. 

24. Reports of Lts. Best (September 1858) and Kensel (November 1858 
and March 1859), Persons and Articles Hired File, records of the Office 
of the Quartermaster General, NA, RG 92: Post Returns, Camp Walbach, 
September 1858 - April 1859, records of TAGO, NA, RG 94. 

25. Chief Clerk W. R. Drunkard to Cooper, June 7, 1858, Letters Re- 
ceived, W 189 (1858), ibid. Floyd appointed Tutt, subject to the approval 
of the commanding officer of the post to be established at Cheyenne Pass, 
in order to insure the garrison there an adequate supply of sutler's goods 
upon their arrival! 

26. Williams to Cooper, January 8. 1859, Letters Received, F 16 (1859), 
filed with W 189 (1858), ibid. 



CAMP VVALBACH 13 

dinner at noon, the garrison labored steadily until recall at 5:30 
P.M. The arrival of the brief November days forced Williams 
to reduce the number of working hours a day to eight and a half, 
but he restored the lost hour to the schedule during the following 
March.-' 

Acutely conscious of the imminence of frigid weather and snow, 
the post commander sent work parties off in all directions to gather 
materials which would be vital in enabling the garrison to with- 
stand the rigors of a winter at Cheyenne Pass. One of these work- 
parties went into the nearby hills where "sandstone red and white, 
of good quality, in slabs 3 to 12 inches thick" abounded and was 
"easily taken out with pick & crow-bar."-^ Mule-drawn wagons 
hauled the sandstone to camp where the post prisoners carried 
them to other workers who placed these stones around the canvas 
tents which quartered the garrison. These sandstone walls, which 
reached the height of several feet, served the double object of 
shelter and defense, affording the tents' occupants some degree of 
protection from the weather and also from possible Indian at- 
tacks.-"' 

Other work parties sought out timber suitable to be used in the 
construction of the camp hospital and storehouses. Still others 
scoured the ravines and valleys in search of the drift wood which 
was to provide the post's fuel supply during the coming winter. 
Finally, Lieutenant Best led several hay-cutting parties which met 
with little success, owing to the lateness of the season.-''" 

Except for the hay-gatherers, these work parties left camp every 
morning of the week but Sunday throughout the fall and winter 
of 1858-1859. As protection against the ever-present threat of 
Indians, each man carried his weapon along with his tools and one 
man in each party was posted as a sentinel.''^ The exigencies of 
the situation compelled Williams to ignore the weather. Conse- 
quently, neither blizzard nor biting cold kept the work parties in 
camp.'^-' 

The men who were not assigned to a work party labored almost 
as hard at some other task. Many of these did the manual work 



27. Post Orders. Camp Walbach: No. 2. September 21. 1858: No. 22, 
November 4, 1858: and No. 20, March 26. 1859. records of Army Com- 
mands. NA, RG 98. 

28. Williams to the Acting Assistant Adjutant General, Headquarters, 
District of the Platte. September 23. 1858. Letters Sent, Camp Walbach, 
ihicl. 

29. /hid. 

30. /hid. 

31. Post Orders No. 4. Camp Walbach. September 26. 1858. ihid. 

32. Testimony of 1st Sgt. Redman, Pvt. Isaac Reese, Co. M. 4th U.S. 
Artillery, and others given at the general court-martial at Fort Laramie in 
Mav 1859. CM -11 46, records of JAGO. NA. RG 153. 



14 ANNALS OF WYOMING 

involved in erecting the camp structures. Enlisted men with spe- 
cial talents received extra duty as carpenter, clerk, hospital at- 
tendant, charcoal burner, butcher or blacksmith. To some of 
these men extra duty meant an additional twenty-five to forty cents 
a day, no mean sum in the days when a private received $12.00 a 
month. '^'^ 

Periodically, every enlisted man put aside his tools for a day 
and went on guard duty. Privates drew this detail about once a 
week; corporals and sergeants once a fortnight. The daily guard 
at Camp Walbach normally comprised twelve privates, three cor- 
porals, a sergeant, and an officer. This detail manned the four 
guard posts at the camp: one at the guard house itself, on a bluff 
overlooking the camp; another at the corral on Lodgepole Creek; 
and two in the center of camp, near the post headquarters and in 
the vicinity of the hospital. '^^ 

A dreary chore at best, guard duty at Cheyenne Pass during the 
frigid nights of the winter of 1858-59 often proved a horror. 
Unable or unwilling to endure the cold, some sentries left their 
posts for warmer quarters, as did Private Patrick Keighan one cold 
December night. Unfortunately for Private Keighan the officer 
of the day chanced by and discovered the sentry in a vacant tent 
warming himself by a cozy fire. The garrison court martial which 
soon followed found Keighan guilty and sentenced him to several 
extra tours of guard duty.'^'' This punishment served one good 
purpose, however. It provided Private Keighan with an oppor- 
tunity to scribble on the back of the post's guard book the only 
known extant poetry composed at Camp Walbach: 

Pat Keighan is My name and 
Ireland is My Nation 
Sheyenne Pass is My 
Dwelling Place and 
Hell is my Expectation.'^'' 

Nevertheless, guard duty at Cheyenne Pass did offer some com- 
pensation: it provided the men with practically the only military 
training they received at the post. Every day the guard detail 
took target practice and every week Williams issued an order 
announcing the names of the seven men who had made the best 



33. Post Orders No. 3, Camp Walbach, September 21, 1858, records of 
Army Commands, NA, RG 98; Regulations for the United States Army, 
1857, paragraph 883, p. 113. 

34. General court-martial of Pvt. Richard Bannon, Co. M, 4th U.S. 
Artillery, Mav 6, 1859, at Fort Laramie, CM - II 46, records of JAGO, 
NA, RG 1-^3. 

35. Post Orders No. 32, Camp Walbach, December 8, 1858, records of 
Army Commands, NA, RG 98. 

36. Guard Report Book, December 16, 1858 to March 9, 1859, ibid. 



CAMP WALBACH 15 

shots during the previous week. As their reward they were ex- 
cused from their next tour of guard duty.-'^ The practice of meting 
out punishment in the form of extra guard duty and of rewarding 
mihtary skill by exemption from the same duty clearly reveals the 
attitude of the men at Camp Walbach towards the detail. 

Late in March 1 859, Williams took steps to increase military 
training at the post. He inaugurated a daily two hour drill period 
just after breakfast and substituted drill for fatigue duty on in- 
clement days. Now the men began to receive instructions "in the 
bayonet exercise . . . , in the manual of arms, & in the loadings 
and firings, standing & kneeling." This program of military train- 
ing had hardly been introduced, however, when the post was 
abandoned."'''' 

Sunday was the day of rest at Camp Walbach - but not complete- 
ly so. At 8:00 A.M. sixteen members of the garrison had to stand 
guard mount, the prelude to the twenty-four our tour of duty. The 
rest of the garrison, meanwhile, were making last minute prepara- 
tions for the weekly inspection. Promptly at 9:00 A.M. Major 
Williams and Lieutenant Anderson stood before their respective 
companies and began their man-by-man examination of weapons, 
clothing and equipment. •'•' 

One way or another, the garrison at Camp Walbach spent most 
of its waking hours out of doors. This made the inadequacies of 
their clothing doubly serious. True, they received all the clothing 
provided by army regulations but leather booties, forage caps, 
and great-coats offered little protection against the wind, cold, and 
snow of Cheyenne Pass. Lacking buffalo boots, several men re- 
turned from work details with frozen feet.^" 

The quarters of the men, like their clothing, did nothing to 
improve their health. Although a few wooden buildings were 
erected by spring, most of the garrison, officers included, spent the 
winter in canvas tents. Despite the protection offered by the sand- 
stone walls, snow drifted into the tents and covered the beds inside 
whenever a heavy storm struck the post. All attempts to prevent 
this from occurring failed.^' Each tent boasted a stove but the 
chance of fire made Williams order the extinction of all fires at 



37. Post Orders and Guard Reports, Camp Walbach, ibid. 

38. Post Orders No. 24. Camp Walbach, April 4, 1859, ihiil. 

39. Post Orders No. 2, Camp Walbach, September 21. 1858. ibid. In 
addition, the monthly inspection was held on the last day of each month. 

40. Testimony of 1st Sgt. Redman, CM - 11 46, records of J AGO, NA, 
RG 153: Reiiiilations for the United States Arm\. 1857, paragraph 1036, 
p. 134. 

41. Testimony of Sgt. John Murphy, Co. M. 4lh U.S. Artillery, given at 
the ueneral court-martial of Pvt. O'Callaghan, May 13, 1859, at Fort Lara- 
mie,^CM - II 46, records of JAGO, NA, RG 153. Murphy also stated that 
the enlisted men had stoves in their tents before the officers did. 



16 ANNALS OF WYOMING 

taps. To see that this was done, he instructed the officer of the 
day to visit all tents immediately after this call had sounded. ^- 

Williams' concern for the health of his troops also added to the 
bleakness of their quarters. To replace the foul air of the tents 
in which ten to fifteen men had spent the night, Williams directed 
that the ventilators of the tents would be open every morning and 
would remain open until recall in the evening. ^'^ In another order 
which the garrison resented, the post commander had the men turn 
in their warm but dirty comforters which had provided them with 
a degree of highly dangerous protection from the cold.^"* Much 
more popular with the troops was Williams' decision, on Surgeon 
Swift's recommendation, to issue two-thirds of a gill of whiskey to 
each man every week except those in the guard house or in the 
hospital. This was one health measure the men could understand 
and enjoy. ^'' 

Despite the forebodings of the garrison regarding the ease with 
which they would develop pneumonia as a result of Williams' 
orders, the number of men whom Surgeon Swift treated fell 
sharply from sixty-eight for the last quarter of 1858 to forty-one 
for the first three months of 1859.^'' More significantly, few of 
Swift's patients suffered from serious respiratory diseases. Instead 
the post surgeon diagnosed the majority as follows: "catarrhus," 
thirty-one cases; "scorbutus," fourteen cases; "diarrhoea acuta" 
and "contusio," twelve cases each.^' 

Swift's reports indicate that the major cause of sickness at Camp 
Walbach was not the weather, the work, or the living conditions, 
but the improper diet. The garrison subsisted on fresh beef pro- 
vided by the herd of cattle driven up from Fort Laramie in Sep- 
tember, bacon, hard bread, coffee, sugar, salt, and vinegar - the 
staples of the army ration of 1858. Except for a few apples and 
potatoes, fresh fruit and vegetables were not to be had at Wal- 
bach. ^"^ Moreover, nearly all of the food consumed at the post had 
been hauled up from Fort Laramie in September 1858 after having 
been shipped from Leavenworth and points east long before. The 



42. Post Orders No. 32, Camp Walbach, December 8, 1858, records of 
Army Commands, NA, RG 98. 

43. Post Orders No. 28, Camp Walbach, November 22, 1858, ibid. 

44. Testimony of 1st Sgt. Redman, CN - II 46, records of J AGO, NA, 
RG 153. 

45. Post Orders No. 19, Camp Walbach, October 30, 1858, records of 
Army Commands, NA, RG 98. 

46. Quarterly Sick and Wounded Reports, Camp Walbach, October - 
December 1858 and January - March 1859, records of TAGO, NA, RG 94. 

47. Ihicl. Swift apparently classified all colds under "Catarrhus," hence 
the high number. Few, if any, however, appear to have been serious cases. 

48. "Provision Book, Regulars, 1854 - 1861," p. 149, records of the 
Office of the Commissary General of Subsistence, NA, RG 192. 



CAMP WALBACH 17 

condition of this food by early 1859 can best be left to the 
imagination. 

To treat those ill, Swift had the assistance of his four-man staff; 
a hospital which, for several months, was a large tent; an adequate 
supply of the medicines of the period; a wooden ambulance drawn 
by mules; and his own horse. With his staff. Swift tended the 
ailments of the military and civilian personnel at the post, as well 
as those of passing whites and Indians, and managed among other 
things to deliver a baby.'''' All in all it is somewhat surprising that 
the post's council of administration convened only six times for the 
doleful purpose of disposing of the effects of deceased soldiers.''" 

Illness, accidents, and the weather provided the ma^or hazards to 
life at Camp Walbach. Although the garrison remained constantly 
on guard against attacks by Indian or Mormon raiding parties, 
none occurred. Several parties of Indians did pass by the post 
during late September and October but they evinced more interest 
in seeking shelter from the oncoming winter than in attacking the 
small garrison. The largest of these parties, that of the Araphoe 
sub-chief Left Hand, consisted of fifty warriors, 100 women and 
children, and 250 horses. Descending from Cheyenne Pass, they 
encamped barely a half mile from Camp Walbach before departing 
for the South Platte and the buffalo grounds of the Republican fork 
of that stream.''' The Camp Walbach guard reports for October 
l<S58 carry several entries concerning the passage of much smaller 
parties heading in the same direction as Left Hand's and with the 
same purpose in mind."'- Once the heavy snows arrived at Chey- 
enne Pass the Indians disappeared, and before their return in the 
spring. Camp Walbach was abandoned. 

The rugged winter weather also prevented the arrival of any 
Mormon raiding parties and most other whites at Cheyenne Pass. 
Occasionally, teamsters of the Russell, Majors & Waddell firm, 
heading to or from Utah, stopped overnight at the post. Even 
these rare visits ceased once Major Williams became convinced 
that the teamsters were hauling hard liquor to Walbach as well as 
freight to Utah. 



49. Quarterly Sick and Wounded Reports, Camp Walbach. October - 
December 1858 and January - March 1859. records of TAGO. NA, RG 94. 

50. Ibid.; also letter from The Adjutant General to Congressman F. W. 
Mondell. November 6. 1913. AG 2094570. filed with AG 1628163. records 
of TAGO, NA, RG 94. According to The Adjutant General, the six 
enlisted men who died at Camp Walbach were Pvts. William Coleman. John 
McGowan, Korral Suborstian. Patrick Cuility, John Kennedy, and Daniel 
O'Neill. 

51. Post Return. Camp Walbach, September 1858. ibid. 

52. Ibid.; Guard Reports of October 21 and 23, 1858, Camp Walbach 
Guard Reports Book, October 6 - December 15, 1858. records of Army 
Commands, NA. RG 98. 



18 ANNALS OF WYOMING 

Geography also isolated Camp Walbach. Situated off the 
Oregon Trail and suspended midway between the westernmost 
settlements in "the States" and those in Utah, the post at Ch3yenne 
Pass could look only to Fort Laramie for mail and news as well 
as for orders and supplies. Communications between these two 
posts, perforce, remained constant throughout the winter months. 
Occasionally, heavy wagons laden with equipment or food for the 
garrison at Cheyenne Pass made the ten-day round trip from Fort 
Laramie. Somewhere along the way the teamsters would pass 
Major Williams' express riders, Mathew Keller or Private Martin 
O'Brien, racing to or from regimental headquarters with official 
correspondence and private mail.''' 

The weekly arrival of these expressmen at Camp Walbach pro- 
vided a rare touch of excitement and happiness to what must have 
otherwise been a dreary existence. A bit of conversation by the 
camp wood-pile; horseplay in the broad company street; and story- 
telling around the tent stove just before taps - these provided the 
simple pleasures of life at Cheyenne Pass. There were few others. 

There was one "pleasure" at the post which brought down upon 
the garrison the full fury of Major Williams" wrath: heavy drinking. 
Some of the men at Walbach sought escape and relaxation from 
their harsh existence through the consumption of large amounts 
of whiskey, surreptitiously acquired. Evidently their number in- 
creased as the winter deepened because late in December Williams 
undertook a vigorous campaign against them. He stopped the 
weekly whiskey ration. He forbade the sale of liquor to any en- 
listed man without his v/ritten approval. He ordered all wagons 
arriving at the post searched for liquor and the confinement of all 
implicated drivers. He directed the camp sutler to remove all 
liquor from his store and to send it back to Fort Laramie. Finally, 
in an order aimed at the teamsters of Russell, Majors & Waddell, 
he prohibited all passing parties from remaining more than an hour 
at the post, and from spending the night encamped within a mile 
of Walbach.'^ The effects of the strict enforcement of these meas- 
ures appear most clearly in the sharp reduction of garrison court- 
martial verdicts which found the defendant "guilty of conduct to 
the prejudice of good order and military discipline." 

These garrison courts-martial, which were held periodically at 
Camp Walbach, usually tried cases involving disorderly conduct 
brought on by drink or cases of neglect of duty, typical of which 



53. Post Orders Nos. 1 and 5, Camp Walbach, September 20 and 26, 
1858: Special Orders No. 13. Headquarters, District of the Platte, September 
15, 1858. records of Army Commands, NA, RG 98. 

54. Post Orders, Camp Walbach: No. 39. December 21, 1858; No. 41, 
December 26, 1858; No. 9, February 9, 1859; and Nos. 11 and 12, February 
17, 1859, ihid. 



CAMP WALBACH 19 

was that of Private Keighan. Only one general court-martial met 
at Cheyenne Pass and that concerned itself with the adjudication 
of a charge of desertion committed by a member of the garrison 
while at Fort Leavenworth during the previous summer.'"' 

The only serious breach of military discipline at Cheyenne Pass 
occurred on the evening of April 9, 1 859, when three members of 
the garrison deserted. Two of these deserters were prisoners 
awaiting trial by general court-martial who had persuaded a mem- 
ber of the post guard to join them in their attempt to flee Camp 
Walbach. Under the guise of a wood-carrying detail, guard and 
prisoners boldly strode through camp at suppertime until they 
reached the willows near the creek. There they discarded all ex- 
cess equipment and darted up the pass. The fugitive trio succeed- 
ed in reaching a point about seven miles from the post before they 
were apprehended and returned, the task of their pursuers having 
been simplified by a blanket of snow which covered the ground, 
the result of a day-long storm."'"' 

Ironically, at the time when these three sought to escape from 
Williams' harsh rule and the wretched conditions at Camp Walbach 
by deserting, salvation was just a few days away. Four days after 
their unsuccessful attempt. Colonel Munroe issued General Orders 
No. 7, Headquarters, District of the Platte, announcing that "in 
compliance with instructions from the War Department dated 
Washington, March 23, 1859, the military forts known as Camp 
Walbach and Platte Bridge will be abandoned as early as practi- 
cable, and the troops garrisoning the same will take post at Fort 
Laramie, N.T.""'' 

Although Munroe had received neither a forevv'arning of nor an 
explanation for the sudden decision to remove the garrison at 
Cheyenne Pass, he must have sensed that such a step was immi- 
nent. By March 1859, the Mormon War had just about petered 
out and disenchantment with the Fort Riley - Bridger's Pass Road, 
owing in large part to its deficiency of water and wood, was wide- 
spread in influential military circles."'"^ Thus the two major reasons 
for a military post at Cheyenne Pass had been removed by the early 
spring of 1859. 

Williams learned the news on April 13. He began at once to 
make preparations for the abandonment of the post. On April 17. 
the extra wagons which he had requested to haul the quartermaster 



55. Special Orders No. 26. Headquarters, District of the Platte, Decem- 
ber 20, 1858, records of TAGO, NA. RG 94. 

56. General court-martial of Pvts. Bennett. O'Callaghan. and John Dav- 
ies, CM - II 46. records of JAGO, NA. RG 153. 

57. General Orders No. 7, Headquarters, District of the Platte, April 13, 
1859, records of TAGO, NA, RG 94. 

58. Jackson, p. 146. 



20 ANNALS OF WYOMING 

and commissary goods arrived and the next day all was ready for 
the return journey to Fort Laramie.'"'' At 6:00 A.M., April 19, 
1 859, the first wagons left Cheyenne Pass and by nightfall Camp 
Walbach and its garrison had vanished into history."" 



59. Williams to Lt. Peloiize. Acting Assistant Adjutant General, Head- 
quarters. District of the Platte. April 13 and 18. 1859, Letters Sent, Camp 
Walbach. records of Army Commands, NA, RG 98. 

60. Guard Report. April 18. 1859. Camp Walbach, ihUI. Although 
travelers apparently still made use of the post after this date. Camp Wal- 
bach was never again garrisoned by units of the Regular Army. 



Zhe Congressional Career of 
Joseph Maull Carey 

By 

George W. Paulson* 

PREFACE 

Joseph Maull Carey's life was intimately connected with the 
political and economic history of Wyoming. To illustrate only one 
example of his political connections. Mr. Carey, while serving his 
third consecutive term as the lone Wyoming Territorial Delegate, 
introduced the momentous bill that changed the Territorial status 
into a Statehood status for Wyoming. To illustrate only one 
example of his economic connections, Mr. Carey, while serving 
as the first United States Senator from the Commonwealth of 
Wyoming, introduced the bill, which bears his name, Carey Act, 
that was so important to the development of arid states such as 
Wyoming. 

The purpose of this study is to review these two acts as well as 
other aspects of Joseph Maull Carey's Congressional career in 
relation to the political and economic history of Wyoming. The 
Congressional Career of Joseph Maull Carev covers the ten-year 
period from 1885 to 1895. 

BIOGRAPHICAL SKETCH OF JOSEPH MAULL CAREY 

Joseph Maull Carey was a descendant of English and Scotch 
families who had arrived in America before the Revolutionary War. 
His grandfather, Joseph Carey, passed away in Milton, Delaware, 
in 1838, and was buried at one of the oldest Episcopal churches 
in Delaware, St. George's Chapel. His father, Robert Hood Carey, 
was born in Milton, Delaware, in 1811, and died in the same house 
of his birth in 1 89 1 . Both parents of Joseph Maull Carey are 
buried in the Carey lot in the Methodist Churchyard Cemetery in 
Milton, Delaware. 

The subject of this sketch, Joseph Maull Carey, was born in 
Milton, Delaware, on January 19, 1845, and became the third son 
in a family of five boys and two girls. He attended both public 



* A Thesis submitted to the Department of History and the Graduate 
School of the University of Wyoming, August, 1962. 



ANNALS OF WYOMING 




Joseph Maull Carey 
Wyoming State Archives ami Historical Department 



and private schools in Milton, Delaware, and later entered a high 
school, which was primarily college preparatory, at Fort Edward, 
New York. He next studied at Union College in the City of 
Schenectady, New York, until the end of his sophomore year in 
1865. Mr. Carey received the honorary post of chancellor from 
this institution in 1 894, at which time he was awarded the degree 
of Doctor of Laws. In 1865 he moved to Philadelphia and studied 
in the law office of Benjamin F. Temple and the law firm of W. L. 



JOSEPH MAULL CAREY 23 

Dennis and Henry Flanders, while at the same time attending the 
Uni\'ersity of Pennsylvania, from which institution hi received his 
law degree in 1867. 

Politically minded, Mr. Carey participated in Ulysses S. Grant's 
first campaign for the presidency and was consequently awarded 
the post of the first United States Attorney for the newly-created 
Territory of Wyoming in 1869. This appointment was the reason 
he decided to come to the West. He quickly saw the unlimited 
opportunities for both political and economic gains in the develop- 
ment of Wyoming as a Territory and as a future State. He actively 
participated in the organization of the new government of Wyo- 
ming Territory and was employed by county governments to prose- 
cute offenders, until county attorneys could be secured.^ 

After two years as a United States Attorney, Mr. Carey resigned 
in order to serve as a judge of the Wyoming Territorial Supreme 
Court. During his term on the bench, 1871 to 1876, he wrote 
fourteen opinions.-' Thereafter, he held many offices, but "Judge" 
was the appellation most often applied by his friends. 

He was a member of the Republican National Committee from 
1876 to 1897. He served as mayor of Cheyenne, Wyoming, from 
1881 to 1885. In 1884 he was elected Wyoming Territory's Dele- 
gate to the Forty-ninth Congress and was reelected to two more 
terms. As a tribute to his work in the House, the State Legislature 
in its first session elected him Wyoming's first United States 
Senator. He failed to be reelected in 1895 and thereupon resumed 
his private law practice. 

When he sought the Republican nomination for Governor in 
1910 but was re'ected by the party convention, he accepted an 
invitation to run on the Democratic ticket and was elected. He 
took office in January, 1911, and served until January 1915. Mr. 
Carey \\ as one of seven governors who met with Theodore Roose- 
velt in 1912 and organized the Progressive party which became 
known as the "Bull Moose" party. ■ 

Mr. Carey very early realized that Wyoming had a wealth of 
resources and became a leader in the livestock business, organizing 
the J. M. Carey and Brothers Livestock firm, the "C Y" being one 
of Wyoming's oldest recorded brands. Subsequently, Mr. Carey 
bought out the interests of R. Davis Carey and Dr. John F. 
Carev and became the firm's sole owner. 



1. I. S. Bartlett, History of Wyoniiiii'. II (Chicago: S. J. Clarke Publish- 
ing Company. 1918), pp. 5-6. 

2. Judge Carey's opinions are reported in the Wxominii Reports: 1870- 
1878. I (New York: The Banks Law Publishing Co.,' 1909), pp. 51. 67, 78. 
82. 121. 131, 168, 194, 210, 223, 240, 246, 263, and 277. 

3. Marie H. Erwin, Wyomiiii^' Historical Blue Book (Denver, Colorado: 
Bradford-Robinson Printing Company, 1946), p. 1311. 



JOSEPH MAULL CAREY 25 

In the same year that Mr. Carey was first elected Territorial 
Delegate to Congress, he originated and helped to organize the 
Wyoming Development Company for reclamation of lands between 
Chugwater Creek and the Sybille and Laramie Rivers. He was 
elected president of this company and later became president of 
the Wheatland Industrial Company. Both companies were instru- 
mental in developing arid lands. ^ 

After he had been in Wyoming for eight years, Mr. Carey mar- 
ried Miss Louisa David of Cheyenne, formerly of Dubuque, Iowa, 
on September 27, 1877. From this union were born two sons, 
Robert Davis and Charles David. 

Robert married Miss Julia B. Freeman, daughter of Brigadier 
General H. B. Freeman. From this union were born two children, 
Sarah Darlington and Joseph Maull Carey III."' Joseph Maull 
Carey II, presently living in Philadelphia, is the son of Theodore 
Carey, who was a brother to Joseph Maull Carey.'' Robert Carey's 
widow maintains a home in Cheyenne, Wyoming, but spends her 
summers in Jackson, Wyoming." 

Charles D. Carey was married, 1901-1902, to Miss Mabel 
Myers of Denver. His second marriage, 1910-1931, was to Miss 
Ellen Ellisin Miller of Pennsylvania. From the second union were 
born three children, Elizabeth M. Carey, Louise D. Carey, and 
Charles D. Carey, Jr. The last marriage of Charles D. Carey was 
to Julianne Doane, 1933-1935.^ 

Of the five grandchildren of Joseph Maull Carey, three are sur- 
viving. Both children of Robert Carey are deceased. Joseph 
Maull Carey III died in 1958 and Sarah Darlington Carey Weber 
died in 1954. Two of the children of Charles D. Carey reside in 
Cheyenne; they are Elizabeth Miller Carey, now Mrs. Willits 
Brewster, and Charles D. Carey, Jr. Louise D. Carey, now Mrs. 
Bon, resides in another State.'' 

Notwithstanding a busy political career, Joseph Maull Carey 
found time to serve his community and his State in nonpolitical 
positions. He served on the Cheyenne School Board, was a 
Trustee of the University of Wyoming, a member and president of 
the Wyoming Stock Growers Association, and engaged in a host 
of other activities too numerous to recognize in this study. 

Joseph Maull Carey died in his home in Cheyenne, Wyoming, 



4. Bartlett, p. 6. 

5. The Hereford Journal, July 15, 1938, p. 30. Newspaper in the Carey 
file in the University of Wyoming Library, Laramie, Wyoming. 

6. Personal interview with Mr. Charles Carey, Jr. of Cheyenne. Wyo- 
ming, August 28, 1961. 

7. /hid. 

8. Hereford Journal, loc. cit. 

9. Charles Carev interview. 



26 ANNALS OF WYOMING 

at the age of seventy-nine, on February 5, 1924. He is buried in 
Lakeview Cemetery, Cheyenne.^" 



JOSEPH MAULL CAREY, TERRITORIAL DELEGATE 

Territorial delegates to the National House of Representatives 
introduced bills and spoke on matters pertaining to their respective 
Territories, served on committees, but had no privilege of voting.' 
Consequently, Joseph M. Carey left no voting record for the 
Forty-ninth, Fiftieth, and Fifty-first (first session) Congresses 
while he served as the sole Delegate from Wyoming Territory. 
Nevertheless, Delegate Carey's record in the House remains quite 
impressive. He was consistently available to individual grievances 
and sponsored a great number of private, grievance bills. Also, he 
authored many bills that built up Wyoming Territory and the 
development of its municipalities. The purpose of this chapter is 
to review some of the more. important aspects of Joseph M. Carey's 
bills, resolutions, remarks, and actions during his three consecutive 
terms as a Territorial Delegate. 

The oath of office was administered to Mr. Carey on December 
7, 1 885. He was appointed to serve on the Committee on Military 
Affairs and on the Committee on Territories. His first successful 
bill was one that he introduced one month to the day after he 
officially took office. This bill (H.R. 2922) made official and 
legal a controversial reapportionment of the members elected to 
the Ninth Legislative .Assembly of the Territory of Wyoming. The 
bill was passed by both houses and signed into law by President 
Cleveland on January 19, 1886.- The Ninth Wyoming Legislature 
had been elected November 4, 1 884, but was not scheduled to meet 
until January of 1886.'' 

Three other bills that Mr. Carey introduced on the same day, 
January 7, 1886, became law: $25,000 was allotted for the im- 
provement and repair of the United States Penitentiary at Laramie, 
Wyoming; a new land district was established in Wyoming called 
Buffalo; and the Secretary of War was directed to instruct the 
Army quartermaster to issue a duplicate check for $4,608.50 dated 
April 26, 1884, in favor of J. M. Lobben, on the Stock Growers 
National Bank, Cheyenne, Wyoming Territory, to replace one lost 



10. Charles Carey interview. 

1. Frederick A. Ogg and P. Orman Ray, Introduction to American Gov- 
ernment (New York: Appieton-Century-Crofts, Inc., 1956), p. 266. 

2. U. S., Congressional Record, 49th Cong., 1st Sess., January 7, 1886, 
XVII. Pan 1, pp. 530, 538, and January 25, 1886, p. 863. See also U.S., 
Statutes at Lari^e. XXIV, p. 2. 

3. F. B. Beard, Wyoniini^ from Territorial Days to the Present, I (Chi- 
cago: American Historical Society, Inc., 1933), p. 381. 



JOSEPH MAULL CAREY 27 

on or about May 3, 1884/ The latter bill is a prime example of 
one of the many bills of a private nature successfully sponsored by 
Mr. Carey. Because of the ver)' limited importance of private bills, 
most of those pertaining to the granting of pensions, no further 
reference will be made to them; this study will set forth the more 
general bills and issues which have a wider appeal and importance. 

LAND POLICIES IN THE WEST. 

The main chore of Joseph M. Carey, during the early part of his 
Congressional career, was to try to stop unfavorable land legisla- 
tion. He endeavored at the same time to secure favorable land 
laws for the West. A concomitant task was to educate the Eastern 
members of Congress about the unique problems pertaining to 
Western land. Time after time, he spoke in Congress in defense 
of the land practices of Westerners- — ^cowboys, cattlemen, and 
other residents. 

In June, 1886, the House had under consideration a Sundry 
Civil Appropriations bill on which there was much debate. One 
pending amendment was to pay $2.50 per day to government 
agents who adjusted conflicting land claims for swampland, 
watched for depredations of public timber, and protected the 
public lands. Mr. Carey proposed an amendment to the amend- 
ment to pay such agents a $2,500 annual salary. In support of 
his argument that a government officer was not paid enough, he 
compared the $2.50 per day with the wage of a mechanic in 
Wyoming who was paid $5.00 per day. The government officer, 
unless he had other means, with such low wages, must "either steal 
or starve.'" His amendment to the amendment was not considered, 
because the chair sustained a point of order raised against it.' 

Another provision of the Sundry Civil Appropriations bill 
allotted $10,000 for surveys of abandoned military reservations. 
Mr. Carey proposed an amendment to increase the amount to 
$20,000. He stated that about ten thousand acres of land needed 
to be surveyed in the Fort Fetterman and Fort Sanders reserva- 
tions. Settlers had settled on the land and their rights could not 
be adjusted until a survey was made. He understood no survey 
had been made, because the Commissioner of the General Land 
Office did not have adequate funds. An objection to the amend- 
ment was made, as $20,000 had been available during the first 
six months of 1886 and not a cent had been spent for surveys. 



4. U.S., Statutes at Large, XXIV, pp. 252 and 526. 

5. U.S., Congressional Record, 49th Cong., 1st Sess.. June 29, li 
XVII, Part 6. p. 6291. 

6. Ibid., pp. 6294-6295. 



28 ANNALS OF WYOMING 

The vote was Yea — 32, Nay — 48, hence the amendment was 
rejected." One part of the bill to which Delegate Carey objected 
pertained to land frauds, the pending paragraph being "for the 
protection of public lands from illegal and fraudulent entry or 
appropriation $90,000." He objected particularly to the word 
"appropriation." Delegate Carey took this opportunity to educate 
the Congressmen upon conditions in the West: 

Mr. Chairman, during this entire session I have listened to the 
abuses which have been heaped upon the men engaged in the cattle 
industry in the Western States and Territories, and thus far no man has 
on this floor defended this class of people. I am familiar with the 
men who are engaged in that business in an area of country at least 
600 miles wide and 1,000 miles long. I am personally acquainted with 
very many of them. I have had the honor to be a member of and 
the presiding officer of probably the largest active stock-growers asso- 
ciation in the world. This association represents at least one hundred 
million dollars of wealth invested in cattle, horses, and sheep in the 
arid regions of the United States. The members of this association 
come from twenty-five States and Territories. 

The men who conduct this business are just as honorable and up- 
right, have as much business honor, and love their country just as well 
as the members of this House. They have as high a regard for the 
sanctity of an oath as either of you. They would no sooner attempt 
to induce others to commit perjury than would honest men elsewhere. 

I defy any man to produce any testimony except that of liars and 
perjurers to show where any man has been prevented from settling 
on any section of land in my Territory where he has a right to settle, 
by any combination of cowboys or cattlemen. 

Mr. Chairman, we speak of the "iron age," the "golden age," and 
various periods in the history of the world. This present age, I believe, 
will be spoken of as the "age of demagogism." 

A Member: The "age of brass. "^ 

Delegate Carey ignored the remark by a fellow Congressman and 
continued his speech. He spoke of men who would change their 
party and their platform without a moment's hesitation. One day 
they might belong to an anti-national-bank party, and the next day 
to an anti-greenback party; then, they might slide the following day 
into the ranks of a labor party and as quickly change into the 
ranks of a major political party. These capricious government 
representatives. Delegate Carey contended, were anti cattle-kings, 
anti cattle-syndicates, and anti cowboys. 

There was no clash, according to Delegate Carey, between 
cattlemen and farmers. The only time any person heard of a clash 
was by reading the speeches and newspapers from the East. In 
regard to the men called cowboys, there was too much misconcep- 
tion about them and the role they had in the West. The cowboys 
were too fond of fair play to interfere with any class of settlers. 



7. U.S., Appendix to the Congressional Record, 49th Cong., 1st Sess., 
June 30, 1886, XVII, Part 8, p. 240. 



JOSEPH MAULL CAREY 29 

They were too intelligent to be made dupes by their employers for 
foul and evil purposes. 

No doubt, Delegate Carey conceded, land frauds had been com- 
mitted every year since the United States Government commenced 
to dispose of its land. The percentage of the frauds was too small 
to warrant much attention. In answer to land fraud accusations 
made by Congressman Holman of Indiana, it was Delegate Carey's 
belief that more frauds were committed under the swamp acts in 
the State of Indiana than all the frauds ever committed under the 
preemption, desert-land laws, and timber-culture law west of the 
Missouri River. Delegate Carey remarked, "A frog pond or a 
puddle of water was sufficient out of which to make four sections 
of swampland." and laughter was recorded in the Journal by the 
Clerk. ^ 

Mr. Sparks, Commissioner of the General Land Office, in his 
first annual report, 1885, claimed that a great many land frauds 
were being committed in the West, especially in the regions dom- 
inated by the cattlemen. Commissioner Sparks charged that land 
frauds, committed mostly by cattlemen, usually followed a definite 
pattern. The cattlemen would pay their employees, cowboys, to 
file for lands under the preemption and desert-land acts. When 
they supplied the initial twenty-five cents per acre, the cattlemen 
would have control of desert land for three years. The rental of 
the land, then, would amount annually to eight and one-third cents 
per acre. If, at the conclusion of the three years, the land was 
proven to be valuable, the cattlemen would pay an additional dollar 
per acre. Nevertheless, they had to demonstrate that the land had 
been reclaimed by having irrigation ditches. A furrow or two 
going in any direction with no regard to the lay of the land was 
usually satisfactory to the local land officials. Circulars were 
issued reminding the local land officials that where land had wild 
hay growing it was not to be considered desert land.'' 

The House Committee on Public Lands in a report on a bill 
calling for the repeal of the preemption, timber-culture and desert- 
land laws, also pointed out that many land frauds had been com- 
mitted. Under the Preemption Act of 1841, the Homestead Act 
of 1862, and the Timber-culture Act of 1873, a person could 
obtain title to 480 acres ( 160 acres under each act) plus an addi- 
tional 640 acres under the Desert-land Act of 1877, making a 
total of 1,120 acres. This was entirely too much land for any one 
person, thought Congress. Ultimately, the Preemption Act and 
the Timber-culture Act were repealed; the Desert-land Act was 
amended, reducing the amount of acreage per person from 640 



H. IhUL. p. 241. 

9. E. S. Osgood, The Dav of the Cattlemen (Minneapolis: University 

of Minnesota Press, 1954), pp. 204-205. 



30 ANNALS OF WYOMING 

acres to one-half that amount. Most of the entries ultimately 
proved to be fraudulent.^*' 

Delegate Carey's observation was that when any great rush at a 
Western land office occurred, the Easterners interpreted this kind 
of myriad as evidence that land frauds were under way. This 
Eastern point of view simply was not true, as the population in the 
West increased and moved forward rapidly. In regard to limiting 
the acres to too small a number, the Eastern people should have 
taken heed of the nature of the Western land. In the West, one 
had to do more than "tickle the surface" in order to secure a crop. 
To emphasize this point. Delegate Carey quoted from the Salt 
Lake Tribune: 

It is a sadly comical spectacle to see the American Congress under- 
take to handle the desertland question. Members approach the ques- 
tion with a vague fear that the country will discover how little they 
know of the business, but in a day or two they are declaring with a 
mighty pathos against the policy which is so swiftly transferring the 
public domain in vast block to greedy land speculators. If the spec- 
tacle is sadly comical in Washington it would be a comically sad one 
to see one of the eloquent members compelled to make a living from 
640 acres of desert land. What new ideas he would obtain if put to 
the test; how his respect for the public domain would break down; 
how he would change his views; how much his pocket would be 
depleted and his brain expanded by a year's trial of reclaiming desert 
land. With what pertinacity these men of the East assume that if 
Western people are not out and out thieves, they are at least playing 
for unjust advantages. ^^ 

In spite of the fact that there was much difficulty and misunder- 
standing on the part of so many people, the region in the Rocky 
Mountain area was making rapid strides forward, Delegate Carey 
emphasized. Land in the West was simply neither fertile nor 
valuable. When an entry for land was made and a deposit of 
twenty-five cents was given, this deposit represented about four 
times what the land was worth. The land bills were not unfair to 
the government; if anything, they were unfair to the land pur- 
chaser. ^- 

CHINESE OF ROCK SPRINGS, WYOMING 

The most disturbing event which occurred during the first Con- 
gressional term of Delegate Carey was what became known as the 
Chinese Massacre at Rock Springs, Wyoming, on Wednesday, 



10. U.S., Congress, House, Repeal of Preemption, Timberculture. and 
Desert Lands, 49th Cong., 1st Sess., April 15, 1886, Serial Set 2440 
[Volume], H.R.1679. 

11. U.S., Appendix to the Congressional Record, 49th Cong., 1st Sess., 
June 30, 1886, XVII, Part 8, p. 241. 

12. Ibid., pp. 7169-7170. 



JOSEPH MAULL CAREY 31 

September 2, 1885. Tension had been building up between the 
Caucasian and the Chinese coal miners ever since the first Chinese 
miners were brought to Rock Springs by the general superintend- 
ent, Mr. S. H. H. Clark in November, 1875, through Beckwith, 
Ouinn, and Company, whose main office was in Evanston, Wyo- 
ming. The Caucasian miners wanted to strike against the Union 
Pacific Coal Company, and it was alleged that the Chinese miners 
refused to join in the strike. Without the cooperation of the 
Chinese, it was felt by the members of the miners' union. Knights 
of Labor, that the strike was doomed to failure. 

What consequently happened on that fatal Wednesday was an 
armed attack on the Chinese miners while they were at work in 
the mines or in their village. The number of Chinese killed is not 
definitely known, as the sources disagree on the number, but all 
the sources examined for this study have agreed on at least twenty- 
six. The Chinese died by rifle bullets or in the ruins of their 
burning homes. The listed grievances of the Caucasian miners 
were enumerated, as follows: 

( 1 ) That false weights were used by which miners were defrauded 
of 4 to ?00 pounds of coal per car. 

(2) That the presence of Chinese at Rock Springs made it unsafe 
for women to venture out alone. 

(3) That the Chinese miners were favored in the assignment of 
rooms in the mines, being given rooms located for easy working. 

(4) That Superintendent Tisdal sold privileges to Chinese workmen. 

(5) That miners were compelled to trade at the store of Beckwith. 
Quinn. and Company. i-' 

All of the alleged grievances were denied categorically by the coal 
company. 

Mr. Ralph Zwichy, manager of a Rock Springs store of Beck- 
with, Ouinn, and Company, blamed the trouble on the fact that 
many Caucasian miners were unemployed, and that Chinese were 
continually being imported and constituted a threat to the economic 
welfare of the white citizens. He stated that after the trouble, 
Chinatown presented a horrible sight. There were burned bodies. 
One body, roasted by the fire, had been almost devoured by hogs.'^ 

The Chinese who had managed to flee into the surrounding 
countryside suffered hardships. A representative of the Salt Lake 
Tribune reported that one Chinaman came into Rock Springs 
several days after the incident and reported that his two comrades 
had died and had been eaten by coyotes.'"' 



13. History of the Union Pacific Coal Mines: 1868-1940 (Omaha: 
Colonial Press, 1940), p. 85. 

14. U.S.. Congress, Message from the President of the United States 
Relative to Chinese Treaty of Stipulation. ICleveland], March 3, 1886, 
Serial Set 2398 [Volume], House Executive Document 102, pp. 16-17. 

15. Ibid., p. 25. 



32 ANNALS OF WYOMING 

The postmaster at Rock Springs, Mr. O. C. Smith, blamed the 
trouble on the miners' union. Also, Mr. W. H. O'Donnell, a 
fifteen-year resident at Rock Springs, and most of the time em- 
ployed by the coal company, insisted that no successful strike 
against the coal company could have been nor could be instigated 
as long as the company employed Chinese laborers. The Cau- 
casian miners were so extremely disturbed that the attackers at- 
tempted no concealment of themselves. They also could have been 
easily identified, as the trouble happened mostly in daylight.'*' 

Mr. James H. Dickey, employed by Beckwith, Quinn, and 
Company, had charge of the store at number six mine. He stated 
that no Americans were involved in the attack. The attackers 
were all foreigners; Welsh, Cornish, Swedish, and men from other 
foreign areas. He further stated that the attack on the Chinese 
resulted because they refused to participate in a strike against the 
coal company. This opinion was shared by Mr. A. C. Beckwith, 
a member of the coal company. '' 

According to the report sent to His Excellency Chang Tsao 
Ju. Chinese Minister, Washington, D. C, the attack upon the 
Chinese for the reasons stated was completely unwarranted. Both 
the Caucasians and the Chinese worked under the same terms and 
were governed by the same regulations. Those who were arrested 
for the outrage were tried by a judge who was, it was charged, a 
member of the Knights of Labor; so, judicial proceedings were a 
burlesque. Minister Ju therefore sought a payment of $147,748.74 
for the Chinese survivors or their kin for damages rendered. The 
Chinese had always been law-abiding, quiet and peaceful. Min- 
ister Ju recognized that the Federal Government had no legal 
obligation to pay but pleaded for justice, reciprocity, and gener- 
osity. Those guilty must be punished and measures must be taken, 
the Minister maintained, so that such an event could never happen 
again. '*^ 

Minister Ju's report, received by President Cleveland, was acted 
upon immediately by the President. The President, shocked by 
the evidence against the Rock Springs miners, sent a message to 
Congress asking that Minister Ju's request for payment be honored. 
President Cleveland referred to the third article of the treaty 
between the United States and China on November 17, 1880, 
which provided: 

If Chinese laborers, or Chinese of any other class, now either per- 
manent or temporary residing in the territory of the United States, 
meet with ill-treatment at the hands of any other persons, the Govern- 
ment of the United States will exert all its power to devise measures 



16. Ibid., pp. 13-15. 

17. Ibid., pp, 15-16. 

18. Ibid., pp. 4-13. 



JOSEPH MAULL CAREY 33 

for their protection, and to secure to them the same rights, privileges, 
immunities and exempitons as may be enjoyed by the citizens or 
subjects of the most favored nation, and to which they are entitled by 
treaty.'" 

The President referred to the September 2 activities at Rock 
Springs as a ghastly mockery of justice, an outrage and a massacre. 
He stated that there was a palpable and discreditable failure of the 
authorities of Wyoming Territory to bring to justice the guilty 
parties or to protect the rights of the Chinese. The Chinese were 
entirely blameless and the whole episode brought discredit to the 
United States. In order to redeem the United States, the President 
asked Congress to pay the sum requested, even though the United 
States did not have to make the payment.-" 

Congress was quick to act upon the Presidential request through 
a joint resolution. The House Resolution, Number 147, pertinent 
to the request, read: 

That the sum of $147,748.74 be. and the same is hereby, appro- 
priated out of any moneys in the Treasury not otherwise appropriated, 
to be paid to the Chinese Government, in consideration of the Josses 
unhappily sustained by certain Chinese subjects by mob violence at 
Rock Springs, in the Territory of Wyoming, September 2, 1885, the 
said sum being intended for distribution among the sufferers and their 
legal representatives, in the discretion of the Chinese Government. -i 

Delegate Carey rose to amend the resolution in the following 
manner: after the word "appropriated," he recommended that 
"or so much thereof as may be necessary" be inserted. There was 
no objection to the making of the amendment, and Delegate Carey 
was granted the right to be heard on his amendment. This was 
one of the longest speeches Congressman Carey made during his 
terms in the House and is important because it presented a great 
deal of his philosophy and outlook upon the problems, conditions, 
and prospective future of the West. 

Delegate Carey believed that the sum stipulated was about 
double the amount needed for actual property damages. The 
Chinese survivors after the incident dug up much of the treasure 
which had been designated as a total loss. 

Nor were the Caucasian miners totally to blame as stated in the 
President's message. Congress and the treaty-making power of 
the government had attempted to restrict Chinese immigration into 
the country, and the law had been flouted time and time again. 
The Caucasian laborers felt that they had genuine grievances and 
that discrimination against them in favor of the Chinese workers 
had been practiced. Delegate Carey did not agree with the part 



19. Ibid., pp. 1-3. 

20. Ibid. 

21. U.S., Congressional Record, 49th Cong.. 1st Sess., Mav 13, 1886, 
XVII, Part 4, pp. 4474-4475. 



34 ANNALS OF WYOMING 

of President Cleveland's message that the authorities were lax and 
that there had been legal discrimination against the Chinese. 

Delegate Carey pointed out that the riot did not have its origin 
at Rock Springs. The population of the Pacific States and Terri- 
tories was estimated as being about ten percent Mongolian. Chi- 
nese labor not only had largely undermined the labor of those of 
foreign birth, but of those of this country. The Mongolians were 
pushing Eastward, and the American laborers were extremely 
uneasy about it. 

Difficulties between the two races were more frequent. Ameri- 
can labor could not compete with Chinese labor. A Chinese, due 
to centuries of deprivation, could live on far less than what an 
American could possibly live on. A Chinese could exist and 
enjoy good health in a space not larger than an ordinary closet; was 
not burdened by a wife and children in America; and added noth- 
ing to the wealth of the States and Territories but sent the proceeds 
of his labor to his mother country. The Territories of the United 
States wanted more population, but a population that was of a 
contributing kind. 

Men were needed in the West who would bring families, build 
homes, become good citizens, and take a part in the development 
of the country. Those who possessed these qualifications received 
a hearty welcome in the Territories, regardless of race. It was such 
men with such qualifications who asked that their labor be not in 
competition with that of the Chinese who were brought into the 
American States and Territories under contract and were little 
removed from the status of a slave. 

This nation had, since its beginning, protected industries from 
unfair competition abroad and, now, had to protect laborers from 
unfair competition with a race that would never identify and 
assimilate itself with the American people. Delegate Carey esti- 
mated that ten thousand miners would be needed in Wyoming 
Territory within a very short time, due to expanding railroad 
building and the opening of more coal mines. If these miners were 
to be Chinese, then nothing would be added to the wealth of the 
Territory; and the ver\' life of the Territory would be sapped by 
the Mongolians. If the miners were white, then there would be 
great wealth added to Wyoming Territory. The families of the 
miners would add an additional forty to fifty thousand people, and 
instead of villages of Chinese huts, there would be well-built 
towns and all would prosper. -- 

Delegate Carey's amendment was defeated, and the full sum 
was voted upon by Congress and became law on February 24, 
1887.--' 



22. Ibid. 

23. U. S., Statutes at Large, XXIV, p. 418. 



JOSEPH MAULL CARHY 35 

TARIFFS 

Congressman Carey was a protectionist with regard to American 
tariffs. He particularly wanted tariffs on goods that would com- 
pete with goods produced in Wyoming. Protection was needed, 
he asserted, for glass, soda, coal, lead, copper, iron ores, sheep, 
wool, and hides. He claimed it did little good to keep the Chinese 
out of the country, if the United States let in, practically unhin- 
dered, the products of cheap labor such as the Chinese. The 
American Government could not raise up the standard of living 
for the Asiatic hordes to the same standards which prevailed in 
America. "God forbid," he exclaimed, " that we should attempt 
to drag our standards of living and wages to theirs, or that we 
should take away the employment and the livelihood from any 
of our people to send abroad to them.""-' Joseph M. Carey did 
not, however, sponsor any bill or introduce any amendment in 
regard to a tariff while he was a Delegate in the House. 

CATTLE DISEASES 

As a representative for a Western Territory and an owner of 
cattle. Congressman Carey was concerned about the cattle industry 
and the threat to the industry by animal diseases, such as pleuro- 
pneumonia, foot-and-mouth disease, and rinderpest. He intro- 
duced during the Forty-ninth Congress, second session. House bill 
10359 which was intended to extirpate these contagious and 
ruinous diseases. The bill was read a first and second time, re- 
ferred to the Committee on Agriculture, and ordered to be printed. 

Delegate Hatch from Missouri proposed an amendment (H.R. 
7208) to the Animal Industry Act (approved May 29, 1884) that 
would establish a Bureau of Animal Industry under the Depart- 
ment of Agriculture and requiring an appointment of a chief of the 
bureau who had to be a competent veterinary surgeon, and whose 
duty would be to investigate and report upon the conditions of the 
domestic animals of the United States, their contagious, infectious, 
and communicable diseases, and the means of prevention and cure 
of same, and to collect information on these subjects. Delegate 
Carey supported the amendment and spoke for twelve minutes on 
the importation of diseases from abroad. These diseases. Delegate 
Carey contended, were exotic. Their rapid spread through inter- 
state shipment of cattle was very much cause for alarm. American 
exports had fallen off due to other nations, as England, becoming 
aware of diseases in America's cattle. Delegate Carey maintained 



24. U.S., Congressional Record, 50th Cong., 1st Sess., July 18, 1! 
XIX, Part 7, pp. 395-396. 



36 ANNALS OF WYOMING 

that the States and Territories had to have Federal help in order to 
curb this menace. The amendment was passed.-'' 

The sum of $100,000 was authorized for the establishment of a 
Bureau of Animal Industry. A sum of $30,000 was allotted to 
fight animal diseases of which Delegate Carey had spoken by the 
establishment of quarantine stations. Any part of the $100,000 
could be used to destroy infected cattle and to prevent the spread 
of cattle diseases.-'* 

SUNDRY BILLS 

Some of the bills which Congressman Carey sponsored in the 
House passed with little, if any, opposition. The bills were usually 
of a noncontroversial nature, and they were of slight importance to 
Congressmen from areas other than the West. Most of such bills 
pertained to Wyoming. 

Thirty thousand dollars was allocated for the completion of 
quarters and barracks at Fort D. A. Russell (H.R.4367).-'' Set- 
tlers who had made settlement in good faith previous to the time 
when the Wind River Valley, Wyoming Territory, was included 
in the Wind River Reservation were allocated $9,371.20 (H.R. 
2920).-^ 

University lands could be leased in the Territory of Wyoming, 
if said lands were devoid of timber and known mineral deposits, 
and all moneys became a part of school funds of the county where 
such lands were situated. The money obtained was to be used for 
school purposes only. No lease was granted for longer than five 
years, and all leases were to expire within six months after State- 
hood (H.R. 57 14).-'' 

Abandoned military reservations. Forts Fetterman, Laramie, 
Sanders, and Steele, and a portion of Fort Bridger, were made 
subject to disposal under the homestead law, but right of pre- 
emption was to remain."" Public lands were allowed for entry by 
incorporated cities and towns for cemetery and park purposes.-'^ 
Ten thousand dollars was allotted to construct a bridge across the 



25. U.S., Conwressioiuil Record. 49th Cong., 2d. Sess., December 20, 
18S6, XVIM, Part 1, p. 290. 

26. U.S., Statutes at Large. XXIV, p. 103. 

27. U.S.. Coiii^ressional Record. 49th Cong., 1st Sess., January 18, 1886, 
XVII. Part 1. p. 735. See also U.S.. Statutes at Large. XXIV, p. 372. 

28. U.S., Congressional Record, 49th Cong., 1st Sess., January 7, 1886, 
XVII, Part 1, p. 530. 

29. U.S., Congressional Record, 50th Cong., 1st Sess., January 23, 1888, 
XIX, Part 1, p. 638. See also U.S., Statutes at Large. XXIV, p. 393. 

30. U.S.. Congressional Record. 51st Cong., 1st Sess., March 15, 1890, 
XXI. Part 3, p. 2285. 

31. /hid., April 8 and September 30, 1890, pp. 3155 and 10746. 



JOSEPH MAULL CAREY 37 

Big Wind River on the Shoshone Indian Reservation. ■- Lastly, 
with respect to Delegate Carey's sundry bills, Buffalo, Wyoming, 
was allowed to purchase certain lands to be occupied for school 
purposes. •^•• 

STATEHOOD FOR WYOMING 

As Delegate from Wyoming Territory, Joseph M. Carey's biggest 
and most important Congressional work was introducing, defend- 
ing, and seeing the passage of the bill that converted Wyoming 
from a Territory into a State with full equality with the other States 
of the Union. 

On February 27, 1888, during the Fiftieth Congress, Congress- 
man Carey introduced in the House a bill to admit Wyoming as a 
State; but the bill was not reported out of the committee. Senator 
Teller, from the State of Colorado, introduced a similar bill in the 
Senate on March 19, 1888, and nothing was heard of the bill for 
approximately a year. During the first two months of the following 
year. Representative Springer of Illinois had twice introduced an 
omnibus bill which called for the admission as States for the Terri- 
tories of Arizona, Idaho, and Wyoming. Both bills failed to 
receive the necessary support for adoption. On February 27, 
1889, the Teller bill to admit Wyoming as a State was reported 
favorably out of the Committee on Territories. Congress, how- 
ever, went into adjournment without passing the necessary legisla- 
tion, in order for the people of Wyoming to write a constitution 
and to vote on it. 

Governor Francis E. Warren, on April 9, 1889, in his inaugural 
address, urged the people of Wyoming to prepare for Statehood. 
Sentiment and enthusiasm for Statehood grew after the Governor's 
address, and the commissioners of seven of the ten organized 
counties in Wyoming adopted resolutions requesting the Governor 
to call a constitutional convention. Governor Warren, by a 
proclamation, called for an election of fifty-five delegates to a 
constitutional convention. The Wyoming Constitutional Conven- 
tion was held in 1889 from September 2 to September 25, and 
immediate steps were taken to have the constitution ratified by the 
people. ■'" 

Fifty-five delegates had been elected; fifty-one electors qualified 
by taking the oath; forty electors actually signed the constitution; 
and nearly all the other delegates requested that their names be 
signed to the constitution. Some of the delegates had to leave the 
constitutional convention because of other presing obligations and 



32. U.S., Statutes at Large, XXV. p. 234. 

33. U.S., Coni>ressional Record. 51st Cong.. 1st Sess., January 20, 1890, 
XXI. Part 1, p. 410. See also U.S.. Statutes at Large. XXVI. p. 158. 



38 ANNALS OF WYOMING 

commitments made prior to the convention's adjournment. It was 
Congressman Carey's belief that all the delegates elected were in 
favor of the constitution and all would have signed it if they could 
have remained until the final revision.-*' 

On February 5, 1890, the House Committee on Territories lis- 
tened to a lengthy address by Delegate Carey in favor of Wyoming 
Statehood. Delegate Carey's remarks were well prepared and 
documented by maps and pictures which had previously been pro- 
cured for the purpose. After the meeting. Congressman Carey was 
quoted as saying that he felt more sanguine than ever before that 
^Vyoming would be admitted by that session of Congress.'*" On 
February 1 2, 1 890, the Committee on Territories brought the 
Wyoming admit bill out of committee with a favorable report and 
a recommendation for adoption.'^' 

On March 26, 1 890, the Committee of the Whole of the House 
of Representatives heard Delegate Carey's prepared remarks and 
arguments on why the admission of Wyoming as a State would be a 
beneficial event for the Nation as well as for Wyoming itself. For 
this particular occasion, he reserved the longest speech that he had 
ever made during his Congressional career.'*^ 

Delegate Carey stated to the members of the House that since 
his first introduction into Congress he was motivated to do what 
appeared best for the interests of the people of the Territory of 
Wyoming. He was their representative not because of any con- 
stitutional right but only because of the sufferance of the legislative 
branch of the government. His treatment, during his five sessions 
of Congress, had always been most cordial, and it was for that 
reason that he had previously occupied the time of the members 
of the House with great reluctance. "If today I should be more 
generous in the use of your time than has been my custom, my 
excuse shall be that the question under consideration is of impor- 
tance beyond measure to my people." He further stated, in a 
poetical sense, "Two thousand miles away I can see the outlines 
of a new star that is about to take its place in the constellation 
of States.""'-' 

Wyoming's sole Delegate to the House began his argument for 
admitting Wyoming into the Union by citing the Ordinance of 1787 



34. Velma Linford, Wyoming, Frontier State (Denver, Colorado: The 
Old West Publishing Company, 1947), p. 303. 

35. U.S., Congressional Record, 51st Cong., 1st Sess., December 18, 
1889, XXI, Part 1, p. 261. 

36. Cheyenne Daily Leader, February 6, 1890, p. 1. 

37. Ibid., February 13, 1890, p. 1. 

38. Beard, p. 468. 

39. U.S., Congressional Record, 51st Cong., 1st Sess., March 26, 1890, 
XXI, Part 3, p. 2672. 



JOSEPH MAULL CAREY 39 

as setting the precedent and pattern for the admission of States into 
the Union. Article V of the Ordinance, in regard to population, 
stipulated: 

And v/henever any of the said States shall have 60,000 free inhabi- 
tants therein, such State shall be admitted, by its delegates, into the 
Congress of the United States on an equal footing with the original 
States in all respects whatever: and Provided, the constitution and 
government so formed shall be republican and in conformity to the 
principles contained in these articles, and, so far as it can be con- 
sistent with the general interest of the Confederacy such admission 
shall be allowed at an earlier period and when there may be a less 
number of free inhabitants in the State than 60,000.^" 

Delegate Carey claimed that of the States of Ohio, Indiana, 
Illinois. Michigan, and Wisconsin, which were formed out of the 
Northwest Territory, only Wisconsin met the 60,000-population 
requirement. The Ordinance of 1787 was a pattern for the ad- 
mission of future States into the Union, so it followed that it was 
also a pattern for Wyoming. 

In regard to the United States Constitution, one provision stated: 

New States may be admitted by the Congress into this Union; but 
no new State shall be formed or erected within the jurisdiction of any 
other State; nor any State to be formed by the junction of two or more 
States, or parts of States, without the consent of the Legislatures of 
the States concerned as well as of the Congress.^' 

The question was, then, were the boundaries of the Territory of 
Wyoming clearly defined and of a suitable area? Wyoming's 
boundaries. Delegate Carey explained, had been defined for a 
temporary government in 1 868 and remained unchanged. None of 
Wyoming's residents had asked for a division and attachment to an 
adjoining State or Territory, nor did any of the residents wish to 
encroach upon a neighbor for even one foot of territory. All of the 
Territory's boundaries were clearly defined, had been surveyed, 
and had been marked. Delegate Carey then presented a table 
depicting the fact that Wyoming would not be too large nor too 
small in order to make a State. Wyoming proved to be about 
one-third the size of Texas and nearly eighty times as large as 
Rhode Island (see Table 1 ). 

Seldom was the question of population of a prospective State 
ever a major consideration. Prior to the Civil War, the chief 
question was the extension of slavery. Only a minority of the 
Territories equaled or exceeded a population of 100,000 when 
admitted as States. If Maine and West Virginia which shared the 
government of mother States and the States admitted under the 



40. IhuL. p. 2763. 

41. Ibid., p. 2764. 



40 



ANNALS OF WYOMING 



TABLE L "Summary of areas of States, Territories, etc., in square miles. "'■ 



Gross 

areas. 



Coast 
waters 
( bays, 
gulfs, 
sounds, 
etc.). 



Rivers 

and 
smaller 
streams. 



Lakes 

and 

ponds. 



Total 
water 
sur- 
face. 



Total 
land 
sur- 
face. 



Alaska ... 

Alabama 

Arizona 

Arkansas 

California 



Colorado 

Connecticut 

Dakota 

Delaware 

Dist of Columbia- 



Florida 

Georgia 

Idaho 

Illinois 

Indiana 



577,390 
52,250 

113,020 
53,850 

158,360 

103,925 
4,990 

149,100 

2,050 

70 

58,680 
59,475 
84,800 
56,650 
36,350 



Indian Territory .... 64,690 

Iowa I 56,025 

Kansas | 82,080 

Kentucky I 40,400 

Louisiana [ 48,720 

I 

Maine j 33,040 

Maryland I 12,210 

Massachusetts | 8.315 

Michigan 58,915 

Minnesota I 83,365 



Mississippi 
Missouri .. 
Montana .. 
Nebraska 
Nevada .... 



New Hampshire 

New Jersey 

New Mexico 

New York 

North Carolina 

North Dakota .. 

Ohio 

Oregon 

Pennsylvania ... 
Rhode Island ... 



South Carolina 



46,810 
60,415 

146,080 
76,855 

110,700 

9,305 

7,815 

122,580 

49,170 

52,250 



41,060 

96,030 

45,215 

1,250 

30,570 



440 

540 

"25 
'30 



1.800 
150 



1,060 

545 

1,850 

125 



30 



205 

'350 
3,260 



50 
135 
215 



260 

80 

540 

240 

270 
80 

610 
60 
10 

390 
300 
200 

515 
330 

600 

450 
380 

375 
540 

300 
500 
60 
260 
360 

340 
630 
410 
630 

35 

80 
120 
115 
300 
250 



140 

500 

200 

10 

180 



10 

20 

265 

1,600 

10 

40 

790 



2,250 

45 

310 

135 

110 



100 

"""2"5 
1,700 

2,300 

"90 

1,225 
3,800 

100 
50 

360 
40 

925 

220 

35 

5 

900 

160 



160 

920 

30 

20 



710 

100 

805 

2,380 

280 

145 

1,400 

90 

10 

4,440 
295 
510 
650 
440 

600 
550 
380 
400 
3,300 

3,145 
2,350 
275 
1,485 
4,160 

470 
680 
770 
670 
960 

300 

360 

120 

1,550 

3,670 



300 

1,470 

230 

165 

400 



51,540 
112,920 

53,045 
155.980 

103,645 
4,845 

147,700 

1.960 

60 

54,240 
58,980 
84.290 
56,600 
35,910 

64,090 
55,475 
81,700 
40,000 

45,420 

29,895 

9,860 

8,040 

57,430 

79,205 

46,340 
68,735 

145,310 
76,185 

109,740 

9,005 

7,455 

122,460 

47,620 

48,580 



40,760 

94,560 

44,985 

1,085 

30,170 



JOSEPH MAULL CAREY 
TABLE 1 (Continued) 



41 



Gross 
areas. 



Coast 
waters 
(bays, 
gulfs, 
sounds, 
etc.). 



Rivers 

and 
smaller 
streams. 



Lakes 

and 

ponds. 



Total 
water 
sur- 
face. 



Total 
land 
sur- 
face. 



South Dakota ! 

Tennessee ■ 42,050 

Texas I 265.780 

Utah I 84,970 

Vermont | 9,655 

Virginia I 42,450 

Washington | 69,180 

West Virginia ! 24.780 

Wisconsin [ 56.040 

I 

Wyoming | 97,890 



2.510 



1.780 
1.380 



200 

800 

80 

50 
520 
560 
135 
420 

85 



100 

180 

2,700 

380 

25 

360 

Cno 

230 



300 I 41.750 
3.490 j 262.290 
2.780 I 82.090 



430 
2,325 
2,300 

135 
1,590 

315 



9.135 
40,125 
66.880 
24,645 
54.450 

97.575 



'■^- U.S.. Congressional Record, 51st Cong.. 1st Sess.. March 26. 1890, 
XXI. Part 3. p. 2674. 



TABLE 2. Population of Ten States When Admitted.' 



State. 



Population 

when 
admitted 



Ohio 45.000 

Indiana 63,000 

Mississippi 35,000 

Illinois 35.000 

Alabama 40.000 

Missouri 66,000 

Oregon 45,000 

Kansas 100,000 

Nebraska 100,000 

Colorado 100,000 

* U.S., Congressional Record, 51st Cong., 1st Sess., March 26, 1890, 
XXI, Part 3, p. 2675. 



42 



ANNALS OF WYOMING 



omnibus bill of 1 890 were excluded/- there would have remained 
twenty-three States; and only six of them, Texas, Wisconsin, Min- 
nesota, Kansas, Nebraska, and Colorado, could claim a population 
of 100,000 people. Delegate Carey then presented a table of ten 
States that averaged 60,000 population when they entered the 
Union (see Table 2). He estimated the population of Wyoming 
in 1890 as somewhere between 110,000 and 125,000.« In 1887 



TABLE 3. Votes Cast at Presidential Elections in the States. 



States. 



Years 

after 

admission. 



Votes 
cast. 



Members 

of 
Congress. 



Tennessee 
Indiana 
Illinois ... 
Do 

Missouri . 



Do .. 

Mississippi 
Do .. 

Arkansas 
Do .. 



Do . 
Do . 

Michigan 
Louisiana 
Florida ... 



Do 

Do 

Texas .. 

Do 

Iowa . .. 



V^'isconsin 
Oregon ... 

Do . 
Nebraska 

Do . 



28 
8 

10 
14 
15 

19 
15 
19 



12 
16 



7 
15 

3 
7 
3 



14 
2 
6 



20,725 
15,725 

8.344 
19,576 

5,192 

19,332 
5,007 

19,667 
3,638 

11,209 

16,888 
19.357 
11,360 
18,914 
4,963 

7.193 
14,345 
15,177 
18,647 
24,303 

39,166 
12,410 
14,649 
15,168 
26,141 



'-'■' U.S., Congressional Record, 
XXI, Part 3. p. 2675. 



51st Cong., 1st Sess., March 26, 1890, 



42. For the States admitted under the omnibus bill of 1890, See R. B. 
Morris. Encvclopeditt of American History (New York: Harper and 
Brothers. 1953), pp. 433-434. 

43. U. S.. Congressional Record, 51st Cong.. 1st Sess., March 26, 1890, 
XXI. Part 3. p. 2675. 



JOSEPH MAULL CAREY 43 

Wyoming's population was estimated as approximately 86,000; 
in the following delegate election the vote was 18,210. Delegate 
Carey predicted that 23,000 voters would turn out for the next 
delegate election. ^^ But on November 5, 1889, when the special 
election to have Wyoming's constitution ratified by a vote of the 
people, the turnout was extremely light. The total number of votes 
cast both for and against the constitution was 8,195. Those in 
favor of adoption were 6,272. Those Congressmen against adop- 
tion were 1,923. The majority for adoption was 4,349, or about 
five-sixths of the total vote cast.^' 

Delegate Carey's position was obvious. He had to explain and 
to justify the light vote to the members of the House and also to 
members of the Senate. The light vote was due to the fact that 
settlements in Wyoming were widely separated, distances were 
great, and the polling places were far removed from each other. 
The population of Wyoming was scattered over a territory of 
nearly 100,000 square miles. To secure a very large turnout even 
in well-settled areas was nigh an impossibility. To illustrate his 
point. Delegate Carey presented a table depicting the number of 
votes cast at presidential elections in fourteen States which were 
well-settled areas (see Table 3). 

When the ratified Wyoming Constitution was sent to Congress, 
a memorial (petition for Statehood) written by Mr. John W. Hoyt 
was also sent. In this memorial, Mr. Hoyt had answered some of 
the anticipated arguments against the admission of Wyoming as a 
State. He claimed the small turnout of voters was due to inclement 
weather.^^' 

Delegate Carey feared that some opposition to the admission of 
Wyoming as a State might be based on the idea that Wyoming's 
Senators and Representatives would not represent a large enough 
population in comparison to Congressional representatives from 
other States. He cited that the Constitution of the United States 
made no reference to a particular number of inhabitants a Territory 
must have in order to become a State, nor had Congress passed any 
law pertaining to population. He presented a table showing the 
inequality of representation in Congress among the States based 
upon population at the time of admission into Statehood (see 
Table 4). 

The vast and seemingly unlimited resources of Wyoming were 
next enumerated as proof that Wyoming would become a great and 
wealthy addition to the Union. These resources, herein briefly 
related, were listed in the following order by Delegate Carey. 



44. U.S., Congressional Record, 51st Cong., Isl Sess., March 26, 1890, 
XXI, Part 3, p. 2679. 

45. Beard, p. 466. 

46. Linford, pp. 311-312. 



44 



ANNALS OF WYOMING 



There were ten to twelve million acres of land with water supply 
which could be successfully cultivated. Four to five million acres 
could be cultivated without the need of irrigation. There were vast 
grasslands for the cattle herds which had become a vital part of 
Wyoming's economy. Four great rivers with numerous tributaries 
were in Wyoming: Big Horn River to the north, Platte River 
to the east. Green River to the south, and the Snake River to the 
west. If the great agricultural, irrigable lands could become pro- 
ductive in Wyoming, they would support a combined population 
of the irrigated area of Egypt and Italy which supported ten million 
people. Wyoming had eight to ten million acres of forests, com- 
prised mostly of pine and spruce trees. The minerals were almost 
too numerous to be listed: gold, silver, lead, tin, asbestos, mica, 
graphite, keolin, fire-clay, salt, inexhaustible supplies of marble, 
petroleum, iron, soda, and coal. 



TABLE 4. 
Union." 



"Population of certain States at the time of admission into the 



States. 


Date 

of 

admission. 


Representative 
ratio on 
previous 
census. 


Estimated 
population 

when 
admitted. 


Population 

by 

following 

census. 


Vermont 

Kentucky 

Tennessee 

Ohio 


1797 
1792 
1796 
1802 
1812 

1816 
1817 
1818 
1819 
1821 

1836 
1837 
1845 
1846 
1848 

1850 
1858 
1859 
1861 
1864 

1867 
1876 


33,000 
33,000 
33,000 
33,000 
35.000 

35.000 
35,000 
35.000 
35,000 
40,000 

47.700 
47,700 
70,680 
70,680 
70.680 

93.423 

93,423 

93,423 

127,381 

127.381 

127,381 
131,425 


85,425 
73,677 
67,000 
45,365 
76,556 

63,897 
35.512 
34.620 
40,000 
66,557 

52,240 
65.000 
64.000 
78.819 
1 80.000 

92.597 
1 20.000 

50.000 
107.206 

40.000 

100.000 
100,000 


154,446 
220,955 
105,602 
230,760 


Louisiana 

Indiana 


152.923 
147.178 


Mississippi .... 
Illinois 


75.448 
55,162 


Alabama 

Missouri 


127.901 
140.444 


Arkansas 

Michigan 

Florida 


97.574 

212,267 

87.445 


lox^a ... 


192,214 


Wisconsin 

California 

Minnesota 

Oregon 

Kansas 

Nevada 


305,391 

379,994 
172,023 

62,405 
364.399 

42.491 


Nebraska 

Colorado 


122.993 
194,640 



'■'U.S.. Congressional Record, 51st 
XXI. Part 3, p. 2675. 



Cong., 1st Sess., March 26, 1890, 



JOSEPH MAULL CAREY 



45 



But, what about the people themselves? Were they ready for 
the privileges and obligations of Statehood? Delegate Carey an- 
swered these questions in the affirmative. The people had con- 
sistently and willingly taxed themselves for the maintenance of 
public schools. Notwithstanding the influx of immigrants, the 
illiterate class over the age of ten had not increased over 2.6 percent 
v/hich was disclosed in the 1880 census. The University was sup- 
ported at public expense. Not a single public building was pro- 
vided by Congress. The people of Wyoming, themselves, had pro- 
vided on a State level with qualified directors: a water department, 
a mineralogy department, a veterinarian, a fish hatchery, a Univer- 
sity, a deaf and dumb asylum, an insane asylum, a poor-farm 
establishment, a capitol building, and a penitentiary which was 
being constructed at an estimated cost of $100,000. The cities 
were well built and provided good business blocks. Delegate 
Carey also stressed that the cities were filled with comfortable 
homes, churches, and school houses. The banking interests were 
sound, and the growth had always been advancing. During the 
entire history of the Wyoming Territory, not a single defalcation of 
a Territorial officer had occurred. In the expending of hundreds 
of thousands of dollars on public buildings, there had been not a 
"whisper of scandal" or corruption. All Territorial obligations had 
been paid in full, and after such payment, the treasury on January 
10, 1890. showed a surplus of $230,000. 

It became obvious from the stated facts that the people of 
Wyoming were indeed ready and willing to accept the privileges 
and to asume the obligations of Statehood. Delegate Carey an- 
nounced that the wealth of the Territory exceeded $100,000,000 



TABLE .'^. Wealth of Wyoming, 1890. 



Actual value. 



Assessed value. 



The railroad property ! $35,000,000 $6,163,000 

Irrigation works and improvements 10,000,000 I Not assessed. 

Live-stock | 40.000.000 9,000.000 

i I 

Improved farms and ranches j 15.000.000 3.000.000 

! : 

Developed mines i 15.000,000 Not assessed. 

! I 

Churches and schools, county, city, j I 

and Territorial property 2,500,000 Do. 



46 



ANNALS OF WYOMING 



in actual wealth and exhibited a table substantiating his state- 
ment:^^ 

Delegate Carey submitted a second table comparing Wyoming with 
other States and thereby affirmed that Wyoming was not a poor 
State (see Table 6). Also, Delegate Carey quoted postal and 
railroad statistics to emphasize Wyoming's growth rate. 

His last argument on the question of admission of Wyoming 
into Statehood pertained to the State constitution. He stated that 
the constitution was progressive, yet conservative enough to insure 
a good republican form of government. It made no distinction in 
civil and political rights with regard to race, sex, or color. It 
provided for an economical government, because it did not create 
any unnecessary or ornamental officers. Safeguards were set up 
to curtail unwise legislation. It limited the indebtedness of the 
State and all political divisions of the State to the annual revenue, 
unless an exception was authorized specifically by a vote of the 
people. It made ample provision for schools and protected school 
moneys from uses other than educational purposes. The part of 
the constitution that was of most merit was that provision which 

TABLE 6. Comparison of Wealth among Several States.* 



Years 

after 

admission. 



Actual 
wealth. 



Assessable 
wealth. 



Wisconsin 

Arkansas 

Florida 

Iowa 

Oregon 

Minnesota 

California 

Kansas 

Wyoming, in 1889 



2 
14 

5 

5 
2 

7 



; 42,000,000 
39,000,000 
23,000,000 
24,000,000 
19,000,000 
52,294,000 
22,161,000 
31,327,000 

100,000,000 



$31,200,000 
23,400,000 
13,800,000 
13,200,000 
11,400,000 
32,087,730 
13,296,000 
22,500,000 
31,500,000 



* U.S., Congressional Record, 51st Cong., 1st Sess., March 26, 1890, 
XXI, Part 3, p. 2678. 



47. U.S., Congressional Record, 51st Cong., 1st Sess., March 26, 1890, 
XXI, Part 3, p. 2688. 



JOSEPH MAULL CAREY 47 

allowed no discrimination on account of sex, so far as political 
rights were concerned. The time for Delegate Carey's talk on 
advisability of Statehood for Wyoming expired, and the opponents 
to the bill then had their say.^^ 

The longest speech against the Wyoming admit bill was spoken 
by Congressman Oates of Alabama. He did not like Section 9 of 
the education article, whereby compulsory education was required. 
It smacked of Prussianism, the Alabama Congressman declared. 
Section 29 in the bill of rights was objected to, because noncitizens 
could own land. That provision was an invitation to the lords and 
capitalists of Europe to buy and to control large tracts of land in 
Wyoming. He objected to woman suffrage and believed it would 
demean womanhood and take her off the pedestal where she stood, 
revered by all.^" 

Congressman Washington of Tennessee objected to the shortage 
of time between the constitutional convention and the election for 
ratification. He objected to the fact that there was no provision to 
keep Mormons from voting if they practiced polygamy. Congress- 
man Washington stated: 

I here is nothing here or elsewhere to show how many of these votes 
were cast by women. It is said there are a large number of Mormons 
in Wyoming; that the women largely outnumber the men. If that be 
so. no doubt more women than men voted for my friend Mr. Carey, 
when he was elected. (Laughter.)-"'" 

Congressman Washington intimated fraud had been committed in 
the election. He stated that he had information that in a town, 
Newcastle, in Crook County, Wyoming, there were 300 votes cast 
in favor of the constitution in a back room of a saloon and were put 
into a cigar box by three men. One of the three men, after casting 
nearly 300 votes marked "Yes" for the constitution, was reported 
to have said, "Boys, 1 am d— d tired of voting for the same man 
all the time. I am going to vote for the other fellow," and accord- 
ingly dropped in seven votes marked "No." Delegate Carey chal- 
lenged Congressman Washington's allegation demanding a repu- 
table source. Thereupon, Congressman Washington cited an edi- 
torial which appeared in the Sundance Gazette, published in Crook 
County. Wyoming. 

Congressman Washington, as had Congressman Oates, objected 
to woman suffrage, and ridiculed the idea of women voting and 
what might follow — women representatives in the Halls of Con- 
gress: 



48. Ihid.. pp. 2678-2679. 

49. Ihid.. pp. 2683-2687. 

50. Ihid., p. 2688. 



48 ANNALS OF WYOMING 

If Wyoming should be admitted with Article VI, sections 1 and 2, 
of this proposed constitution in force, it is not impossible or improb- 
able that in the future some woman will sit in the chair now occupied 
by the Delegate; she will come with frills and flounces, with bonnet 
and bustle. (Laughter.) And when she rises and addresses the 
Chair, how will the Speaker recognize her? Sir, will it be the gentle- 
man from Wyoming or the lady from Wyoming? ( Renewed laugh- 
ter. ) Will the rules have to be amended again so as to furnish the 
proper term of recognition, or will you, Mr. Speaker, recognize her 
under general parliamentary law? (Laughter.)"'! 

Congressman Washington believed this new innovation was a very 
dangerous course to pursue. 

Another Congressman, Mr. Outhwaite of Ohio, suggested that 
there should be a modification of the education clause for voting, 
under which "illiteracy is to be punished." Male citizens who 
spoke German, Scandinavian, Dutch, French, and other languages, 
would be disfranchised, and at the same time women would be 
allowed to vote."'- 

Arizona's Delegate, Mr. Smith, opposed to Wyoming Statehood, 
contended that the Arizona Territory had more population, wealth, 
resources, and more square miles than Wyoming. Arizona hither- 
to had been denied Statehood."'-^ 

The closing argument against approving Wyoming Statehood 
came from Congressman Springer of Illinois. Congressman Spring- 
er had put up an unavailing fight to bring into the Union Arizona 
and New Mexico in his omnibus bill. He compared Idaho's State- 
hood constitutional provision for disfranchising the Mormons with 
Wyoming's constitutional arrangement allowing the Mormons to 
vote, as well as the wife or wives and daughters of a Mormon. The 
basis for this provision in the Wyoming Constitution might have 
resulted because the Mormons (in Wyoming) voted the Republi- 
can ticket. Mormonism then might have been objectionable, only 
if they appeared to have voted on the Democratic ticket. 

Congressman Springer then turned to the point made in the 
memorial to the Wyoming Constitution, which memorial was sub- 
mitted by Mr. Hoyt, and mentioned by Delegate Carey about in- 
clement weather having kept the vote on the constitution so light. 
The Illinois Congressman introduced into the pages of the Con- 
gressional Record reports of the weather bureau at Cheyenne and 
at other locales in Wyoming. A member of Congress asked about 
the official report of the weather in Wyoming during election day. 
The dialogue and remarks exchanged by Congressman Springer 
and Carey were: 



51. Ibid., pp. 2687-2688. 

52. Ibid., p. 2698. 

53. Cheyenne Daily Leader, February 23, 1890, p. 1. 



JOSEPH MAULL CAREY 49 

Mr. SPRINGER. At Cheyenne, Wyo.. the capital of the Territory, 
the day before the election the maximum temperature was 25° above 
zero; at 8 p.m. it was 7.2° above zero. The maximum temperature 
on the day of the election was 30°. 

Mr. CAREY. Where was that? 

Mr. SPRINGER. At Cheyenne. 

Mr. CAREY. I want to state that in the southern part of the 
Territory this has been the worst winter ever known. 

Mr. SPRINGER. I prefer to take the report of the Weather Bureau 
to your statement, because I am going to discredit your statement 
about the weather at that time. 

Mr. CAREY. That was in the southeast corner of the Territory. 

Mr. COVERT. That was "the winter of their discontent." 

Mr. SPRINGER. Yes, it seems to have been "the winter of their 
discontent," but you will see before I get through that it was made 
"glorious summer" by the official reports of the Signal Service Corps. 
The temperature went up to 25° by noon on the day before the elec- 
tion and on the day of the election the temperature was 30° above, 
v/hich would not be considered very cold in a dry atmosphere. In 
other parts of the Territory the thermometer indicated 46° above zero 
on the day of the election. 

Now, as to the storm of wind blowing. At 8 o'clock in the morn- 
ing at Cheyenne it was blowing at 5 miles an hour and at 8 o'clock 
in the evening it was blowing at 3 miles an hour. At other stations 
in the Territory there was a dead calm or a velocity of 2 miles an 
hour. (Laughter.) 

At 8 o'clock in the morning the weather at Cheyenne was "cloud- 
less" and at 8 o'clock in the evening there was a "cloudless" sky. On 
the day of the election it v/as even warmer than this, and even more 
cloudless and if possible a velocity of wind. At Fort McKinney, in 
the northern part of the Territory, there was snow at 8 a.m. on the 
day before the election to the extent of six-one-hundredths of an 
inch. (Laughter.) 

Mr. CAREY. Fort McKinney is the lowest part of — 

Mr. SPRINGER. I will show you what your statement is worth. 
At Fort McKinney the precipitation was .06 of an inch, and the 
weather was cloudless the whole of the day before the election. 
(Laughter.) At Fort Washakie the thermometer went up in the 
course of the day to 28° above zero. The weather at Washakie was 
cloudless on the day of the election, and no precipitation whatever. 
(Renewed laughter.) It was cloudless nearly all the way through, as 
you will see by this statement, till we get down to Rapid City, in South 
Dakota, where the thermometer at 8 o'clock a.m. on the day before 
election registered 17.6, and at 8 o'clock p.m. 20.2, and where we 
found by meteorological observation a trace of snow — one-hundredth 
part of an inch of snow had fallen. (Laughter.) 

There was a fierce gale blowing at the rate of 1 mile an hour at 
8 p.m. the day before the election. (Renewed laughter.) The ther- 
mometer went up to 55' on the day of the election. 

Mr. CUTCHEON. Has not the snow melted since it came into the 
hands of the gentleman from Illinois? 

Mr. SPRINGER. No; but your facts have melted away in view of 
the official reports. (Laughter.)''^ 



54. U.S., Congressional Record. 51st Cong., 1st Sess., March 26, 1890, 
p. 2704. 



50 ANNALS OF WYOMING 

Delegate Carey evidently knew that his inclement-weather argu- 
ment was weak, because prior to Congressman Springer's report 
of the true status of the weather, the Wyomingite defended the light 
vote by stating that "voters are gotten out to vote for men; rarely 
will they turn out except in small numbers for or against a consti- 
tution." Delegate Carey stated there was no contention in regard 
to the constitution, averring that people in Wyoming would ex- 
claim, "Everybody favors the constitution, so why vote."'''^' 

Congressman Springer indicated he would not oppose the admis- 
sion of Wyoming into the Union if he got his omnibus bill passed. 
He proposed an amendment to the Wyoming admit bill, in the form 
of an enabling act, which would allow only male voters a choice of 
delegates who would draw up a new constitution. The amendment 
came close to passing. The vote was Yeas — 131, Nays — 138, 
with 60 not voting."'" 

Congressman Springer next proposed another amendment re- 
quiring that woman suffrage be stricken from the Wyoming Consti- 
tution. This amendment, too, was defeated. It did come one more 
vote closer to passing. The vote was Yeas — 132,, Nays — 138, 
with 59 not voting. 

Congressman Breckinridge of Kentucky moved to recommit the 
bill. This amendment lost. The vote was Yeas — 129, Nays — 
142. with 58 not voting. 

Since all tactics failed to amend the Wyoming admit bill, the 
House took up the question of passage of the bill, and it was 
passed. The vote was Yeas — 139, Nays — 127, with 63 not voting. 
The bill passed by a safety margin of only six votes. Passage by 
the House was secured and became effective March 26, 1 890."'' 

Basically the same arguments pro and con to admit Wyoming as 
a State were heard in the Senate. The Senate Committee on Terri- 
tories reported the bill out of the committee with a favorable report 
and a recommendation for passage: 

Your committee finds much to praise and nothing to condemn in 
the constitution which has been adopted, and believes that the highest 
and best interests of the people as well as the strength and glory of 
the republic will be subserved by its immediate admission as a State. "'"^ 

Senator Piatt of Connecticut was the chief champion of Wyo- 
ming in the Senate. Senator Morgan of Alabama was the chief 
opponent. On June 27, 1890, the Senate approved the bill by a 
vote of 29-18. By President Harrison's signature at 5:30 p.m. on 
July 10, 1890, Wyoming officially became the forty-fourth State 



55. /hid., p. 2680. 

56. Ihicl.. p. 2708. 

57. I hid., pp. 2710-2712. 

58. Beard, p. 470. 



JOSEPH MAULL CAREY 51 

of the Union. Idaho had preceded Wyoming into the Union by 
seven davs.'" 



Joseph Maull Carey's work as Wyoming Territorial Delegate 
was terminated. He was so successful that he had helped to legis- 
late himself out of a job. 

The reason for the lateness of the hour when the President signed 
the Wyoming Statehood bill was that a House bill to open to the 
settlers several abandoned military reservations in Wyoming came 
to the point of final passage also on July 10, 1890. Certain pro- 
visions in the latter bill were necessary for it to be signed while 
Wyoming was still a Territory. 

Delegate Carey, as was perhaps fitting, was the only person 
present when President Harrison signed the Wyoming Statehood 
bill. The President gave Delegate Carey the pen as a souvenir 
of the occasion.''" Thus ended Joseph M. Carey's work in the 
House of Representatives, for he was soon to begin his work as 
Wyoming's first State Senator, to the United States Senate. 



JOSEPH MAULL CAREY, UNITED STATES SENATOR 

Wyoming became a State in the Union of the United States on 
July 10, 1890. Joseph Maull Carey, by that time, was a proven 
astute politician and had pushed hard in the House of Representa- 
tives as Wyoming's sole Territorial Delegate for the admission of 
Wyoming as a State. Both the executive and the legislative 
branches of the Federal Government were in the hands of the 
Republican party when Wyoming became a State. His success, 
the apex of his Delegatorial career, meant that he had legislated 
himself out of a job. The Republicans had strong campaign ma- 
terial — claiming credit for changing the status of Wyoming from a 
Territory into a State. 

WYOMING'S FIRST UNITED STATES SENATORS 

Francis E. Warren defeated his Democratic rival, Mr. G. W. 
Baxter, in the race for the governorship. The Governor's first duty 
was to convene the Wyoming State Legislature, and it met in the 
Capitol Building in Cheyenne on November 12, 1890. The State 
Legislature's most immediate duty was to elect two United States 



59. Ibid., pp. 470, 471. 

60. R. C. Morris, Collections of the Wyoming Historical Society, I 
(Cheyenne, Wyoming: Sun-Leader Publisiiing House, 1897), pp. 132-133. 



52 ANNALS OF WYOMING 

Senators within ten days after its organization. On November 15, 
the Legislature held a joint session, and Mr. Carey gained the 
honor of being the first United States Senator from Wyoming, win- 
ning on the first ballot. The Democrats gave their complimentary 
vote to Mr. Warren's defeated gubernatorial rival, Mr. Baxter. 

The Republicans, the controlling party in the State Legislature, 
had split into several factions on their choice for the second Sen- 
ator. On November 19, twenty-nine of the forty-eight mem- 
bers of the joint session, on their fourth ballot, presented the State 
of Wyoming's Governor, Mr. Warren, with the honor. 

Governor Warren, on November 24, 1 890, resigned and accept- 
ed the second Senatorship for Wyoming. The Secretary of State, 
Mr. Amos W. Barber, then became Acting Governor of Wyoming. 
This replacement was in accordance with the State Constitution 
which stated, "If the Governor's office becomes vacant because of 
death, resignation, or other causes, the Secretary of State becomes 
the Acting Governor until the vacancy no longer exists or the 
disability is removed."' 

OATH AND TERM OF OFFICE 

On December 1, 1890 (during the Fifty-first Congressional ses- 
sion of the Senate), the two Senators-elect had their credentials 
presented, read, and ordered to be printed. Senators George F. 
Hoar of Massachusetts and Leland Stanford of California escorted 
Messrs. Carey and Warren to the desk of the Vice-President where 
their oath of office was administered, and subsequently the two 
men took their seats as Senators. Drawing by lot to determine 
their length of terms, Senator Carey drew a four-year term and 
Senator Warren drew the two-year term.- 



1. Beard, p. 477. 

2. Resolution presented by Mr. Hoar and adopted by the Senate: 
Resolved, That the Senate proceed to ascertain the classes to which 

the Senators from the State of Wyoming shall be assigned in conform- 
ity with the resolution of the 14th of May 1789, and as the Consti- 
tution requires. 

Resolved. That the Secretary put into the ballot box three papers of 
equal size, numbered respectively 1, 2, 3. 

Each of the Senators from the State of Wyoming shall draw one 
paper. The paper numbered 1, if drawn, shall entitle the Senator to 
be placed in the class of Senators whose terms of service will expire 
the 3d day of March. 1893: the paper numbered 2, if drawn, shall 
entitle the Senator to be placed in the class of Senators whose terms 
of service will expire the 3d day of March 1895: and the paper num- 
bered 3. if drawn, shall entitle the Senator to be placed in the class 
of Senators whose terms of service will expire the 3d day of March 
1891. 

U.S., Congressioiud Record, 51st Cong., 2d Sess., December 1, 1890, 
XXII, Part 1, pp. 1-2. 



JOSEPH MAULL CAREY 53 



THE SILVER ISSUE 



The acid test in Joseph M. Carey's Senatorial career was his 
position on the very controversial issue of free coinage of silver. 
The issue, to many Senators and Representatives, as well as to the 
President of the United States, resolved itself in the form of a 
question: Should a politician be true to his own convictions, if 
being true to his convictions might possibly mean political suicide? 
This issue and question faced Senator Carey almost immediately 
upon entrance into the United States Senate. 

Prior to Senator Carey's involvement, though, a great deal had 
occurred with regard to the background of gold and silver. The 
United States Government in 1873 demonetized silver, and his- 
torians and text writers have referred to the demonetization of 
silver as the "Crime of 1873." Why was this legislation passed? 
Why was there no great public outcry at the time of the demon- 
etization? 

Demonetization was enacted because most nations were either 
on the gold standard or were in the process of going on the gold 
standard. The importance of gold as the monetary standard of 
value was recognized by all nations, whereas silver was not so 
recognized. 

However, there had been difficulties in the adjustment of the 
relative values of gold and silver. From 1792 to 1874, the gold in 
a gold dollar was worth less than the silver in a silver dollar, but 
following that eighty-two-year period, gold was to be overvalued. 
The silver dollar was becoming an obsolete coin. The total amount 
of silver which had been issued by the United States Government 
was $5,492,838 and was primarily for exportation." 

American citizens did not foresee that silver would be demon- 
etized. There was no public outcry, though, because silver was 
worth more at the silversmiths than what the Government could 
legally purchase it for; and the demonetization by Congress was 
not enacted secretly nor done by chicanery, although such accusa- 
tions were made by a few antagonists.^ Therefore, the demonetiza- 
tion of silver was erroneously called the "Crime of 1873." 

Within five years after the demonetization of silver, new legisla- 
tion (Bland-Allison Act of 1878) was enacted, because discover- 
ies, during the middle of the 1 870's, were made of new silver 
deposits in Nevada, Colorado, and Utah. Consequently, the law 
of supply and demand had set in — when the supply exceeded the 



3. John Sherman, Jolux Sherman's Recollections of Forty Years in the 
House, Senate, and Cabinet, II (Chicago: The Werner Company, 1895), 
pp. 615-616. 

4. Reform Club, Sound Currency 1895 (New York: N. Y. Reform Club, 
1895). pp. 128-130. 



54 ANNALS OF WYOMING 

demand, the monetary value of goods went down. Since the gold 
standard was being adopted, the decline in international market 
prices for silver bullion produced pressure on the American gov- 
ernment to do something. Hence, the Bland-Allison Act was the 
resulting piece of legislation."' 

The Bland-Allison Act had been passed to placate the silver 
miners but did not wholly satisfy them nor the backers of the gold 
standard." Under the Bland-Allison Act, the United States Gov- 
ernment was empowered to purchase two to four million dollars 
of silver per month, and the purchases made were always the 
minimum, legal requirement. 

Silver continued to decline in price; the country was going into 
a recession; and more Western States had been added to the Union, 
all resulting in agitation for revision of the Bland-Allison Act. The 
Sherman Silver Purchase Act of July 14, 1890, was a compromise 
measure between the pro-silverites in the Senate and the pro- 
goldites in the House. Senator Sherman helped to enact some 
changes proposed by the House; instead of purchasing $4,500,000 
worth of silver per month, the change was made to purchase 
4,500,000 ounces of silver per month. The government, in this 
way, would be purchasing a smaller amount. Even with the mini- 
mum allowance, however, the amount the government would buy 
would probably exhaust silver production in the United States. 
Backers of the bill claimed it would prevent depreciation, advance 
the market value of silver, and cause a rise in the value of silver 
so that the government would realize a profit. In short, who could 
lose? Benefits would flow in and from every direction, maintained 
the advocates. The Ohio Senator, John Sherman, and other Re- 
publicans voted for the bill primarily to prevent the passage of an 
alternative, namely free coinage of silver." 

Thus, the Sherman Silver Purchase Act was passed in July, 
1890. Senators Carey and Warren, inaugurated in December, 
1890, henceforth became embroiled in 'The Silver Question" and 
were soundly condemned, by Wyoming Democrats as well as many 
Republicans, for their performance in the silver issue, for the Sher- 
man act did not work out as the backers of the bill had said and 
hoped. 

As after the Bland-Allison Act of 1878, likewise after the act of 
1 890, neither the silver miners — cheap-money-men — nor the 
sound-money-men were satisfied. Both adversaries began to agi- 
tate for repeal, but for different reasons. For a brief time after the 



5. Encyclopedia of American History, pp. 261-262. 

6. John D. Hicks, The Populist Revolt (Minneapolis: University of 
Minnesota Press, 1931), p. 305. 

7. Theodore E. Burton, John Sherman (Boston: Houghton Mifflin Com- 
pany, 1906), pp. 370-373. 



JOSEPH MAULL CAREY 55 

passage of the Sherman bill, the price of silver increased. This 
augmenting was due to speculation by those who hoped to make a 
profit from the act. Within a few months, however, prices again 
began to decline displaying the ill-founded thinking of the advo- 
cates who advised that there would be a larger use of silver. It was 
obvious no permanent settlement had been reached.'^ 

Again, the battle line arose between the free-coinage-of-silver- 
men and the sound-money-men. The first to take action were the 
advocates of the free and unlimited coinage of silver. 

Senator John Sherman, on the 18th of December, 1890, reported 
from the Committee on Finance an omnibus bill which included a 
provision designed to prevent contraction of the currency. It was 
recommitted and presented to the Senate for the second time on 
December 23, 1890. Senator William Stewart from Nevada gave 
notice of and read a prepared amendment to the bill calling for 
the free coinage of silver. Senator Sherman stated that he would 
not mind if the Sherman Silver Purchase Act were repealed, but not 
in this manner — the substitution of a free-coinage bill. Senator 
Stewart's amendment passed the Senate on January 14, by a vote 
of 42-30. Any further changes in the bill had to conform to the 
Stewart proposal." Senators Carey and Warren voted against the 
amendment. After an extensive debate on the free coinage of 
silver in the House, Congressman Bland said, "It is quite evident 
that at this hour in the morning, with so many members absent, no 
fair vote can be had upon this question, and I therefore move that 
the House do now adjourn." Accordingly, "at 12 o'clock and 35 
minutes a.m., Friday" the House adjourned on March 24, 1892; 
and the House did nothing more on the silver issue until July, 
1892.1" 

On January 17, an article appeared in the Cheyenne Daily 
Leader, a Republican newspaper, which sarcastically asked pointed 
questions: "Are Senators Carey and Warren supposed to represent 
their constituents? If they don't to whom do the constituents rely 
on? Must they go to far away Ohio and plead with the gold bug 
god, Senator Sherman?"^^ 

Another Wyoming newspaper reprimanded the two Senators, 
too, and pointed out that the State Republican platform of 1 890, 
which the two Senators helped to frame, was pledged in favor of 



K. IhUi.. p. 375. 

9. Sherman, pp. 1091-1093. 

10. U.S.. Congressiomil Record. 51st Cong., 2d Sess., January 14, 1891, 
XXil. Part 2, p. 1299; and U.S.. Congressional Record, 52d Cong., 1st Sess., 
March 24. 1892, (H.R.4426), XXIII, Part 3, p. 2555. 

I 1. Cheyenne Daily Leader, January 17, 1891, Clipping in Warren Scrap- 
hook. Cheyenne, Wyoming. 



56 ANNALS OF WYOMING 

free coinage.'- On February 7, 1891, the Cheyenne Daily Tribune 
contained an article, in which Senator Stewart claimed that both 
Wyoming Senators were "goldites" and were associated with East- 
ern business interests.''^ 

During the next session of Congress, Senator Stewart again intro- 
duced a silver bill: 

That the owner of silver buUion may deposit the same at any mint of 
the United States to be coined for his benefit, and it shall be the duty 
of the proper officers, upon the terms and conditions which are pro- 
vided by law for the deposit and coinage of gold, to coin such silver 
bullion into the standard dollars authorized by the act of February 
28, 187.8, entitled "An act to authorize the coinage of the standard 
silver dollar and to restore its legal tender character," and such coins 
shall be a legal tender for all debts and dues, public and private. The 
act of July 14, 1890, entitled, "An act directing the purchase of silver 
bullion and the issue of Treasury notes thereon, and for other pur- 
poses," is hereby repealed. . . . 

Provided, That the Secretary of the Treasury shall proceed to have 
coined all the silver bullion in the Treasury purchased with silver or 
coin certificates. 1-* 

On July 1, 1892, the Stewart bill passed the Senate by a vote of 
29-25. Again, Wyoming's two Senators voted against the bill on 
silver. After the passage of the Stewart bill, a Laramie newspaper 
published an eye-catching article titled "Hung in Effigy." The 
article expressed how indignant Wyoming people felt toward Sen- 
ators Carey and Warren. They were referred to as the "misrepre- 
sentatives" of their constituents in Wyoming. Their conduct 
against the Stewart bill was called "altogether intolerable."'-^ 

The Stewart bill confronted difficulty in the House, and the vote 
was: In the affirmative, 136; in the negative, 154; not voting, 39. 
The bill failed to pass.'" After the Stewart bill had been defeated 
in the House, Congressman McKeighen, a Democrat from Ne- 
braska, a member of the coinage committee, and an unequivocal 
free-silver-advocate, received recognition from the Chair: 

Mr. SPEAKER: For what purpose does the gentleman rise? 

Mr. McKEIGHAN: To make a motion. 

Mr. SPEAKER: The gentleman will make it. 

Mr. McKEIGHAN: I move to adjourn if Wall Street— 

Before Congressman McKeighan could finish the sentence, his 



12. The Evanslon Register, Saturday, January 17, 1891, Clipping in War- 
ren Scrapbook. 

13. Cheyenne Daily Tribune, Saturday, February 7, 1891, Clipping in 
Warren Scrapbook. 

14. U.S., Congressional Record, 52d Cong.. 1st Sess., July 1, 1892, 
XXIIl, Part 6, p. 5718. 

15. The Boomerang, "Hung in Effigy," Wednesday, July 6, 1892, Lara- 
mie, Wvoming. 

16. U.S., Congressional Record, 52d Cong.. 1st Sess., July 13, 1892, 
XXIIl, Part 6, p. 6133. 



JOSEPH MAULL CAREY 57 

voice was lost in shouts of "Rats" and other unseemly names from 
the "Wall Streeters." The Speaker, meanwhile, banged his gavel 
trying to restore the decorum of the House.'' Thus ended another 
debate on silver leaving victory to the sound-money-men. 

The major issue in the national election of 1 892 was the tariff. 
The Republican platform ignored the Sherman act completely, 
while the Democratic platform called the law a "cowardly make- 
shift" and demanded its repeal. The Democrats insisted the use 
of both gold and silver be without any discrimination — against 
either metal (gold and silver) and in charge (cost) of mintage. '"^ 

On June 30, 1893, President Cleveland convened Congress into 
special session in order to consider and to do something about the 
financial plight of the United States Treasury. There was an 
excess of $90,000,000 in gold exports over imports in the fiscal 
year of 1892-1893. Public confidence was beginning to appear 
shaken. '•' The drain of gold from the United States by purchasing 
foreign silver was undermining the Nation's credit. A choice had 
to be made — cheapening United States currency or repealing the 
Sherman Silver Purchase Act.-" On August 8, the President sent a 
message to Congress calling for outright repeal of the Sherman act. 

The leading Democrat west of the Mississippi River, Mr. Wil- 
liam Jennings Bryan, severely criticized the President's action and 
called it a violation of the Democratic platform of 1892. In a 
speech, Congressman Bryan claimed it was not enough that the 
President was honest in what he was trying to do, "but so were the 
mothers, who, with misguided zeal, threw their children into the 
Ganges." The real question was, stressed Congressman Bryan, 
"Is he right?"-' The silver-gold issue had become a series 
of battles in Congress, and this last-mentioned battle caught in the 
swirl of debate and political ramifications the President, Senator 
Carey, as well as other Congressmen, and a Presidential aspirant, 
William Jennings Bryan. 

Worry about the gold reserve of the United States explained, in 
part. Senator Carey's assertions on the silver issue. Senator 
Francis M. Cockrell of Missouri sponsored a bill which would have 
paid off some bond indebtedness with legal tender notes, commonly 
known as greenbacks. In a running debate with Senator Cockrell, 
Senator Carey requested to know how the Missouri Senator pro- 



17. The Daily Boomerang, Friday, July 15, 1892, Laramie, Wyoming. 

18. Richard L. Metcalfe, Life and Patriotic Services of Hon. William J. 
Drvan (Baltimore, Maryland: Edgewood Publishing Company. 1896), pp. 
127-128. 

19. Burton, pp. 387-388. 

20. Jeanette Paddock Nichols, "Silver Repeal in the Senate." American 
Historical Review. 41:26-53 (Cleveland: The Arthur H. Clark Company, 
October, 1935), p. 26. 

21. Metcalfe, pp. 128-129. 



58 ANNALS OF WYOMING 

posed to redeem the greenbacks. Senator Cockrell explained "in 
gold/' if necessary, but there was no worry, because the money 
would be in circulation and not presented to the government for 
redemption: 

Mr. CAREY. Does the Senator propose to increase the gold re- 
serve? 

Mr. COCKRELL. There is enough gold in the Treasury; an 
abundance. Who has ever presented any greenback for redemption? 

Mr. CAREY. That kind of money is being presented to get gold. 

Mr. COCKRELL. I beg the Senator's pardon. Silver certificates 
are being taken as quickly as gold; silver dollars are being taken as 
quickly as gold dollars. The Senator has not heard of a man, woman, 
or child on this earth demanding one specified kind of money in 
preference to another, unless it be some gold shark and Shylock in 
New York. (Laughter and applause in the galleries. )-- 

Senator Cockrell asked Senator Carey how much gold did the 
United States have to back up the outstanding greenbacks which 
totaled $346,000,000. Senator Carey replied, "about $100,000,- 
000." Senator Cockrell then asked, what percent of gold on 
deposit was there to the total amount of outstanding greenbacks? 
Senator Carey replied by saying about four percent, and Senator 
Cockrell satirically complimented Senator Carey on being such a 
■'sreat mathematician." Senator Cockrell believed that if $100,- 
000.000 was not more than four percent of $346,000,000, then he 
had forgotten his arithmetic, saying, "That may be Wyoming arith- 
metic, but it is not Old Ray. (Laughter and applause in the 
galleries)."-'' 

In spite of Senator Carey's personal feelings, he did represent 
his constituents by presenting their petitions and memorials on 
the free coinage of silver. Because these petitions, in official form, 
indicated the feeling of persons and groups in Wyoming, a few 
were presented: 

August 30, 1893 

Mr. CAREY presented the petition of .lohn Charles Thompson, 
ex-surveyor general; of A. C. Campbell. ex-United States attorney, 
and of John F. Carrol, editor of the Democratic Leader, and 33 other 
citizens of Cheyenne, Wyoming, praying that the silver-purchasing 
clause of the so-called Sherman law be not repealed, and that a more 
extended law for free silver be enacted; . . . 

He also presented three petitions of citizens of Rock Springs, Wyo., 
containing 97 signatures, praying for the passage of the Stewart bill 
providing for the free coinage of silver at a ratio of 16 to L, . . .-* 
September 1, 1893 

Mr. CAREY presented two memorials of the American Bimetallic 



22. U.S., Congressional Record. 53d Cong., 1st Sess., August 22, 1893. 
XXV. Part 1, p. 609. 

23. I hid. 

24. /hid.. August 30, 1893, p. 1047. 



JOSEPH MAULL CAREY 59 

League of Cheyenne, Wyo., remonstrating against the unconditional 
repeal of the so-called Sherman silver law; . . .-•"' 

September 4. 1893 

Mr. CAREY presented two petitions of citizens of Rock Springs, 
Wyo.. praying for the passage of what is known as the Stewart bill, 
providing for the free and unlimited coinage of silver at a ratio of 
16 to 1: . . .-'•■• 

October 27, 1893 

Mr. CAREY presented memorials of representative Republicans of 
Wyoming; of Local Assembly, Knights of Labor, No. 2487, of Chey- 
enne, Wyo.; of Advance Assembly, Knights of Labor, No. 3261, of 
Rawlins, Wyo.; and Wasatch Assembly, Knights of Labor, No. 3274, 
of Evanston, Wyo., remonstrating against the repeal of the so-called 
Sherman silver law; . . .-'• 

All of the petitions and memorials were ordered to lie on the table. 

On the day of voting to repeal the Sherman law, October 30, 
1893, Senator Carey defended the way he was going to vote, in 
a speech and debate with his fellow Western and Southern Sena- 
tors, he stated that he was never in favor of unconditional repeal 
of the Sherman Silver Purchase law. But, in the absence of any 
compromise, such as he had tried to arrange,-^ there was only one 
way he could vote and remain true to his convictions. This vote 
would be a correct vote, he said, to any thinking person who gave 
any consideration to the situation of the public Treasury. 

Thereupon, Senator Wolcott of Colorado stated that those were 
grave days for Colorado; that the adjoining State of Wyoming de- 
sired repeal; and that Senator Carey's vote had been proffered to 
Senator William D. Washburn of Minnesota. Senator Carey ob- 
jected to the words used by Senator Edward O. Wolcott and denied 
the accusation, asserting he, for one, always voted his convictions. 
His convictions. Senator Carey maintained, as in New England 
were the same in Wyoming. The Western people had built up an 
empire and it was not done on silver. 

Senator Carey went on to point out that no compromise had 
been offered in place of the repeal of the Sherman law. He stated 
there was an impassable gulf between the Republican and the 
Democratic parties. The Democrats wanted cheap-money which 
would fluctuate in value depending on in what part of the country 
the money was spent. The Republicans wanted sound-money 
which would be the same value in any and every State. The gold 
reserves should have been increased to about two hundred to two 
hundred fifty million dollars. America had maintained more silver 



25. Ihi(J., September 1, 1893, p. 1125. 

26. IhicL, September 4, 1893. p. 1184. 

27. U.S., Congressional Record, 53d Cong., 1st Sess., October 27, 1893, 
XXV, Part 3, p. 2880. 

28. Nichols, pp. 38-39. 



60 ANNALS OF WYOMING 

and more paper at a parity with gold than any country in the world. 
The people of the United States neither believed in nor wanted a 
cheap-dollar. They would not abandon a one hundred-cent dollar 
for a fifty-eight-cent dollar. The West had been built up without 
silver. Even Colorado was a great agricultural State with farm 
products which were worth double the production of precious 
metals. 

Then, Senator Stewart from Nevada claimed, on the Senate 
floor, that he could not vote for a compromise. Furthermore, 
Senator Wolcott made no effort to secure a compromise. 

Senator Carey realized there was an effort under way to defeat 
him in the next election because of his stand on silver. He re- 
mained true to his own convictions, though, no matter what the 
cost, which he declared in an eloquent statement: 

Mr. CAREY. . . . 

It is true, Mr. President, that there is being an effort made to stir 
up the people west of the Missouri River. It is true that Colorado has 
had her missionaries in my State. It is true that parties from Colo- 
rado have been up in my State trying to fire the prairies in the rear. 
But the people up to this point have shown no great desire to have me 
vote against the unconditional repeal of this law. I have confidence 
that the\' will uphold me in voting the way I believe to be right. I 
know an attempt has been made to bring the West to sectional alli- 
ances. The governor of Missouri and the governor of Kansas did 
what they could in this direction; but, be it said to the credit of the 
governor of Nebraska and the credit of the governor of Utah, they 
without mercy condemned it. 

Mr. SQUIRE. So did the governor of Washington. 
[Watson C. Squire. Senator, State of Washington] 

Mr. CAREY. The governor of Washington, too. I am glad to 
accept the addition. . . . 

If my votes here result in my overthrow, I shall accept it like a man. 
1 would rather be a free man and be allowed to do that which I believe 
to be right than a United States Senator compelled to listen to a clamor 
every time there is a stir in any section of the country.-" 

A fear of Senator Carey's was that if the Sherman law was not 
repealed, the country might go on the silver standard. If the 
United States could not have both gold and silver, it should have 
gold. With regard to Senator Carey's principal adversary, it 
certainly was not a necessity for Colorado to have the government 
purchase silver. Colorado was admitted as a State in 1876, and 
the government was not purchasing silver at that time. Yet, Colo- 
rado grew into a great State. 

Senator Wolcott claimed that Senator Carey had offered no 
amendments or compromisebut "sat on his hands" in the Senate 
and uttered no word upon the subject until the day of the vote. 



29. U.S., Consressional Record. 53d Cong., 1st Sess., October 30, 1893, 
XXV. Part 3, p. 2950. 



JOSEPH MAULL CAREY 61 

Making several statements, the Colorado Senator went on to attack 
Senator Carey. When it became certain that all amendments 
would be lost, then — and only then — did Senator Carey vote for an 
amendment that was certain to lose, so he could return to Wyoming 
pretending that he had tried to look out for the people's interests. 
The great Commonwealth of Wyoming, whose people were in com- 
plete agreement about silver, were represented in the Senate by a 
man who uttered no word on their behalf. 'Mf the Senator from 
Wyoming is content with his position, I have no objection to make 
of it. 1 leave him to his constituents," announced Senator Wol- 

COtt.'"' 

The charge was made by Senator Carey that he had letters on 
his desk from people in Colorado asserting that if he did not vote 
as they wanted him to vote, then the influence of the State of Colo- 
rado, as well as the money of Colorado, would be used to ruin him. 

Senator Washburn of Minnesota denied the charge of proffering 
the vote of Senator Carey. It was obvious to all members that 
Senator Carey was very capable of speaking for himself. 

Charges and countercharges were hurled back and forth. Sena- 
tor Carey read from a recent magazine an article written by Horace 
White, wherein it was claimed that a deal was made between the 
Senators from Nevada and Colorado and the Southern Senators to 
defeat the force bill,'" in order to gain the Southern Senators' sup- 
port of free coinage of silver. Senator Isham G. Harris of Ten- 
nessee denied the charge. Senator Carey said he was only quoting 
from the article and did not make the charge on his own authority. 
Senator Henry M. Teller of Colorado stated that Senator Carey had 
intended it for a charge and that it would be treated as a charge, 
saying, "|vSenator Carey] would have been a good deal more 
manly if he had made it as a charge and not as an innuendo." 
Senator Fred T. Dubois of Idaho said he regretted Senator Carey's 
adamant stand on silver, believed it was not a representative stand 
for the people of Wyoming, but recognized that the Wyoming 
Senator was sincere in believing his stand was rightful. "His [Sen- 
ator Carey's] vote, no doubt, will come back to plague him in 
after days," Senator Dubois added. 

When debate ended, the vote to repeal a part of an act approved 
July 14, 1890, entitled "An act directing the purchase of silver 
bullion and the issue of Treasury notes thereon, and for other 
purposes." was: In the affirmative, 43; in the negative, 32; not 



30. IhicL. p. 2951. 

31. The Force Bill provided for supervision of federal elections. It was 
designed to protect the Negro voter. It passed the House on July 2, 1890. 
but failed to pass the Senate. Morris, Encyclopedia of American History, 
pp. 260-261. 

32. U.S.. Congressional Record. 53d Cong., 1st Sess.. October 30. 1893. 



62 ANNALS OF WYOMING 

voting, lO.''- President Cleveland signed the measure on Novem- 
ber 2, 1893.''-^ 

However, the silver issue was far from dead. It was brought up 
in Congress many more times. It was renewed once more during 
Senator Carey's one and only term as Senator. A bill was intro- 
duced to coin all uncoined silver bullion that the government had 
within its vaults. Senator Carey, as could be expected, was ada- 
mant in opposing the measure, for it would cost the government 
money to coin silver. It would take about one to two cents to make 
a silver dollar, and then, there would also be added cost to the 
government due to loss by abrasion. He urged that keeping the 
silver in a bullion status would be best, because in case of an 
international agreement or if a ratio to gold was kept other than a 
16:1, America would be in a better position. He, also, read to the 
Senate a letter, written December 21, 1893, from Charles F. 
Adams of the distinguished Adams family of Massachusetts, which 
stated, in part: 

MY DEAR JUDGE CAREY: I know well that expressions of respect 
never come amiss to public men, even though, as in your case they 
come from one residing in what are supposed to be the capitalist and 
monometallist regions. Nevertheless, the course you took in the silver 
discussion of last Autumn so impressed me by its manliness — it was 
so in contrast with what we are accustomed in our public men — that, 
even at this late day, I cannot refrain from writing to you about it. 
It is not often that public men have, in the face of an opposing con- 
stituency, the courage of their convictions. When they do show that 
courage it is a public duty in others to recognize the fact. 

(signed) CHARLES F. ADAMS'*^ 

The contents of the letter were read to Congress only because it 
revealed that Mr. Adams believed along the same lines as Senator 
Carey did in regard to the silver issue; therefore, the remarks were 
pertinent to the bill at hand. The vote was taken and the measure 
passed. The vote was: In the affirmative, 44; in the negative, 31; 
not voting, 10. Senator Carey voted "Nay. "■^•' 



Thus, the foregoing history, briefly, was the story of Joseph 
Maull Carey and the silver issue. Playing the challenging role of a 
man and losing the next election, ex-Senator Carey left in the rec- 
ords of Congress a fine manifestation. 

Beyond any question, the silver issue, more than anything else, 



XXV, Part 3, pp. 2945-2958. 

33. Ihid., November 2, 1893, p. 3100. 

34. U. S., Congressional Record, 53d Cong., 2d Sess., March 14, 1894, 

XXVI, Part 3, p. 2946. 

35. Ihid., March 15, 1894, p. 2981. 



JOSEPH MAULl. CAREY 63 

caused Joseph Maull Carey to lose his Senate seat in the next 
election. Senator Carey wrote, during the silver debate, a letter 
to two critics in Colorado. It expressed his personal philosophy so 
very well. The letter was dated September 6, 1893, and was ad- 
dressed to Amos Steck and John E. Sect, of Denver, Colorado: 

Gentlemen: 

My chief purpose now is to call your attention, not to a standard 
of money, but to the low standard by which you measure men. 

In political and public life, as well as in business life, honesty is the 
best policy. 1 do not concede that it is better for a man in public life 
to waive his convictions formed after careful study and thought to the 
passing demand of the hour. I shall not yield to clamor on either side 
of the silver question. I shall not take a zigzag course. If I cannot be 
a United States Senator and a man, I prefer to be a man only. On 
each question as it arises, I shall vote my convictions and shall abide 
by the consequences. In voting my convictions I shall vote for the 
best interests of my State and my country as I see them. I am a 
Republican — but my Republicanism means my country. 

I propose to move forward in a straight path. I will not leave my 
conscience behind me, nor will I be diverted from performing my duty 
as I understand it, by flattery or by threats. There is not enough 
silver and gold in the Rocky Mountains to move me one jot or one 
tittle from that course.-^'' 

Many friends and acquaintances of the ex-Senator believed that 
it was the silver issue that cost Joseph Maull Carey his Senate seat. 
Fred H. Blume, presently Chief Justice of the Wyoming Supreme 
Court serving longer than any other man with the sole exception 
of Oliver Wendell Holmes, on a court of last resort) knew ex- 
Senator Carey. [Judge Blume retired in January, 1963. Ed.] 
Justice Blume opined that Joseph M. Carey's reelection was for- 
feited as a result of the Senator's resolute viewpoint and vote on 
the silver standard and gold standard.-'' 

Delivering a eulogy in 1 924, upon the death of ex-Senator Carey, 
the Governor of Wyoming, William B. Ross, stated that the silver 
issue was the paramount issue of that time, and if the Honorable 
J. M. Carey had not been true to his convictions, he very likely 
would have been reelected to the United States Senate. •''^ 

JOHNSON COUNTY WAR 

.A. less troublesome event than the silver issue, yet bothersome, 
was an episode that happened not in Congress but in Wyoming. 



.16. V/yoniitii^' State Tribune ami Cheyenne State Leader. February 17, 
1924, p. 2: Clipping from the Carey File in the University of Wyoming 
Library, Laramie, Wyoming. 

.17. Personal interview with Chief Justice Fred H. Blume of the Wyoming 
Supreme Court, Cheyenne, Wyoming, June 1 I, 1962. 

38. Wyoming State Tribune and Cheyenne State Leader, p. 2. 



64 ANNALS OF WYOMING 

The event has historically become designated as the Johnson Coun- 
ty War. 

After the Johnson County War in April, 1 892, the ramifications 
were felt by both Senators Carey and Warren. The war affected 
Senator Warren more than Senator Carey. Sources agreed gener- 
ally that both Senators Carey and Warren were involved in this 
infamous incident. Their implications were threefold — as United 
States Senators, as cattlemen and as members of the Wyoming 
Stock Growers Association.'^'' 

The war was not a war in the usual sense of the word. It was 
true that a group of armed civilian men were ultimately pitted 
against a second group of armed men, but only two men were 
killed. The Johnson County War was an invasion of Johnson 
County, Wyoming, by the cattlemen and their hired out-of-state 
gunmen. The cattle owners' objective was Buffalo, Wyoming, 
where, it was believed, the cattle rustlers were concentrated. Buf- 
falo residents received word of the planned invasion; a posse was 
organized; and the invaders were subjected to a siege. Order was 
finally restored in Johnson County after the appearance of Federal 
troops.^'* 

When the Wyoming Senators in Washington received word of 
the invasion, they called President Harrison out of bed, in the night, 
so that official orders could be, and were, relayed to Douglas, 
Wyoming, along the only telegraph line to Fort McKinney. Fed- 
eral troops were sent from Fort McKinney to the scene of the con- 
flict and order was restored. ^^ 

Neither Senator Carey nor Senator Warren ever admitted any 
complicity in the affair. There was, however, circumstantial evi- 
dence that both men were involved in a behind-the-scenes manner. 
This part of the thesis is concerned with any such involvement only 
on the part of Senator Carey. Senator Carey was supposed to 
have contributed $1,000 as his share of the cost of the invasion. ^- 



39. 39. See Marie Sandoz, Tlie Cattlemen from the Rio Grande 
across the Far Marias (New York: Hastings House Publishers, 1958), pp. 
361-368; Asa S. Mercer, The Banditti of the Plains (San Francisco: Grab- 
horn Press. 1935), pp. 22, 35, 52, 68, 105, and 116; Mrs. D. F. Baber, 
The Lousiest Rope, "The Truth about the Johnson County Cattle War, as 
told to Mrs. Baber by William Walker, an Eyewitness to the Affair," (Cald- 
well, Idaho: The Caxton Printers, ltd., 1947), pp. 45, 55, 145, 146, 227, 
265, 301, 317, and 318; and Speech of Hon. Henry A. Coffeen of Wyoming 
on the floor of the House of Representatives, U.S., Appendix to the Con- 
gressional Record, 53d Cong., 2d Sess., August 15, 1894, XXVI, Part II 
[Appendix], pp. 1419-1423. 

40. Osgood, pp. 247-254. 

41. Sandoz, p. 387. 

42. Mercer, p. 22. 



JOSEPH MAULL CAREY 65 

Direct participants in the event had, by word-of-mouth, implicated 
Senator Carey. ^•' 

Also, Senator Carey's general range manager, Ed David, had 
been involved, and by association of the employer-employee rela- 
tionship. Senator Carey became highly suspected. One source, 
pertaining to this part of the affair, unkindly reported: 

In the Johnson County invasion the range boss from Senator Carey's 
outfit, supposed to cut the one telegraph line north, apparently got 
cold feet, or the Senator objected, glad, as always, to let others do 
his dirty work for him. The hired man who was sent instead had 
protested but he needed his job mighty bad.^^ 

Many people believed that Senator Carey had been one of the 
cattlemen encouraging the invasion. They believed this assump- 
tion even more after the vote on the Stewart bill in the Senate, and 
their attitude was that any man who would vote against the free 
coinage of silver must not be a friend of the West. 

After Senators Carey and Warren voted in opposition to the 
Stewart bill, some person or persons hanged the two in effigy in 
Salt Lake City, Utah. A placard was attached to the image of 
Senator Carey, and in the clothes was found a paper, which alluded 
to the Johnson County War, containing the following: 

Be it enacted by the Senate and House of Representatives of the 
United States Congress: — 

Whereas. The honest settlers in the State of Wyoming are in open 
rebellion against the cattle barons of that state who have a just right 
to feed their herds upon the crops of the settlers, therefore. 

Resolved. That we recognize the right of the President of the United 
States to order troops into the State of Wyoming to compel submission 
of the people to the wishes of the cattle barons. 

Resolved further, that the honest settlers of the West have no rights 
which monopoly should respect. "Damn the people."^"' 

In The Cattlemen from the Rio Grande across the Far Marias, 
authoress Mari Sandoz agreed with and endorsed what was stated 
on the placard. A contention was made that the cattlemen used 
the excuse that their cattle had been stolen in order to have a war 
on small ranch interests to oppose the Federal Government's policy 
allowing 1 60 acres of land for each bona-f ide homesteader.""' Not 
all but most of the books examined were condemnatory of Wyo- 
ming's two Senators' connection with the Johnson County War.^' 



43. Ibid., p. 35. 

44. Sandoz, p. 361. 

45. Salt Lake Times, July 6, 1892: Clipping from Warren Scrapbook. 

46. Sandoz, p. 46. 

47. For a very sympathetic account to the cattlemen, the herein listed 
book is recommended: Robert B. David. Malcolm Campbell, Sheriff (Cas- 
per, Wyoming: Wyomingana, Inc., 1932), pp. 142 to end of book. 



66 ANNALS OF WYOMING 

The Republicans in Wyoming suffered politically from the up- 
roar. Wyoming's first electoral vote went to Benjamin Harrison, 
but James B. Weaver fell only 700 votes short of winning in 
Wyoming. The State Legislature refused to send Mr. Warren 
back to the Senate at the expiration of his two-year term, but 
because of a deadlock, it adjourned without making a choice. The 
Governor's appointee did not serve, and Mr. Carey was Wyoming's 
sole Senator for two years. ^"^ 

A charge was made that Senators Carey and Warren made a 
deal with the "money bags of Wall Street and the Manufacturers' 
League of New England and Pennsylvania" and that in exchange 
for support of the Wyoming admission bill, the two men would 
vote against silver. If there were anything to the charge, to this 
writer's mind, it worked to the benefit of Senator Warren; since the 
Johnson County War was largely responsible for Mr. Warren's not 
being elected at the expiration of his first term, he was not in the 
Senate to vote for repeal of the Sherman law and thereby was 
relieved of his obligation. Senator Carey was not reelected after 
the expiration of his first and only term, because he went against 
the wishes of the Wyoming people and voted for repeal of the 
Sherman law. By the time that Mr. Carey's term had expired, the 
Johnson County-invasion furor had subsided, and the Republicans 
nominated Mr. Warren and Mr. C. D. Clark as standard bearers 
to the Senate. Among the telegrams congratulating Mr. Warren, 
was one sent by Mr. Beckwith of Evanston, "We congratulate you 
and the State on your election. Stand pat on silver or six years 
hence the people will send you after your old associate."^-' 



So much in life, in Mr. Carey's day and also today, depends upon 
chance or accident. The academic question that is fun to speculate 
upon is: Suppose that Mr. Carey had drawn the slip of paper 
determining the length of his term with the number 3; what would 
have been the ultimate result? He probably would have been 
reelected quite easily, thereby receiving a full six-year term, and 
could have, perhaps, ridden out the furor of the Johnson County 
War and his votes on the silver standard. If Mr. Carey had drawn 
the slip marked number 1 , then what consequently happened to 
Mr. Warren's reelection situation to the Senate could have been 
Mr. Carey's story, or vice versa. 



48. Osgood, pp. 254-255. 

49. World-Hcicdd, Omaha, Nebraska, January 9, 1895; Clipping in War- 
ren Scrapbook; and The News-Rei^ister. Evanston, Wyoming. January 26, 
1895: Clipping in Warren Scrapbook. 



JOSEPH MAULL CAREY 67 

TARIFF 

Senator Carey's views on tariff had not changed since his days as 
a Territorial Delegate. He remained a protectionist. The last 
major tariff passed was the McKinley Tariff of October 1, 1890; 
it was passed prior to Mr. Carey's becoming a Senator and after 
his leaving the House. He did, however, favor the protective pro- 
visions of the McKinley Tariff and believed its provisions should 
remain on the books. A discussion was presented and opinions 
aired on a new bill, the Wilson Bill, to reduce taxation and to 
provide revenue for the government (and for other purposes un- 
necessary to mention). It was contended by the backers of the 
Wilson bill, primarily Democrats, that the McKinley Tariff was 
wrong in principle and unjust in its operation. Tariff reform was a 
consistent demand since 1872, but the Republicans, instead of 
considering the demand, consistently raised tariffs. The greatest 
industrial growth of America flourished during periods of low 
tariffs, argued reform advocates.''" 

Senator Carey believed the contrary — the benefit of a tariff went 
to many people, not simply to the person making the product. He 
visited an industry in Newport News, Virginia, and saw great 
shipyards which employed four to five thousand men. If these 
men lost their jobs, they would have to compete elsewhere, creating 
even a bigger problem."'^ 

The McKinley law, he said, not only helped industry but labor 
as well."'- He opposed the Wilson-Gorman bill which proposed 
reductions of the McKinley Tariff. He argued to keep the rates on 
barbed wire.''-' He did the same for wool, for after passage of the 
McKinley Tariff, many young men had gone into the wool industry 
believing that the tariff would remain on wool. The Western States 
had over 24,500,000 sheep, and putting wool on the free list would 
severely hurt and hinder the wool industry. "'"* Senator Carey's 
arguments, on this particular bill, were in vain. 

The Wilson-Gorman Tariff passed the Senate on July 3, 1894, 
by a vote of 39-34. Not a single Republican voted in favor of the 
bill, and only one Democrat voted against it. Of the Yea vote. 



50. U.S.. Congress, To Reduce Taxation, To Provide Revenue for the 
Government, and for Other Purposes, 53d Cong., 2d Sess., December 19, 
1893, Serial Set 3269 [Volume], H.R.234. 

51. U.S., Congressional Record, 53d Cong., 2d Sess.. April 30, 1894, 
XXVI, Part 5, pp. 4268-4269. 

52. U.S., Appendix to the Congressional Record, 53d Cong., 2d Sess., 
April 30, 1894, XXVI, Part 5, p. 4268. 

53. U.S., Congressional Record, 53d Cong., 2d Sess., July 3, 1894. XXVJ, 
Part 7, pp. 7114-7115. 

54. Ibid., p. 7099. 



68 ANNALS OF WYOMING 

there were 37 Democrats and two Populists. Of the Nay vote, 
there were 3 1 RepubHcans, two PopuHsts and one Democrat.'''' 

The Wilson-Gorman Tariff, amended by the Senate, passed the 
House on August 13, by a vote of 1 82-106. Not a single Republi- 
can voted in favor of the bill. In the Yea vote, there were 176 
Democrats and six Populists. In the Nay vote, there were 94 
Republicans and 1 2 Democrats.''" 

PUBLIC BUILDINGS 

After the introduction of several bills, both as a Territorial Dele- 
gate and as a United States Senator, Mr. Carey finally achieved 
getting one passed and enacted into law which granted authoriza- 
tion and money for the selection of sites and construction of public 
buildings, located at Cheyenne, Wyoming; Boise City, Idaho; and 
Helena, Montana. Stipulations in the bill were: The site had to 
contain at least sixteen thousand square feet of land and at least 
forty feet of open space around the building, including streets and 
alleys: the sites were not to cost over twenty thousand dollars; and 
the cost of building, which had to be fireproof, including the site, 
heating, ventilating apparatus, elevators, fireproof vaults, et cetera, 
was not to exceed one hundred and fifty thousand dollars.'' 

YELLOWSTONE NATIONAL PARK 

Yellowstone National Park was created by an Act of Congress 
on March 1, 1872. When Wyoming was admitted as a State, 
there was a reservation of authority to the United States Govern- 
ment for the park. This Federal-reserved-land circumstance was 
not extended to the States of Idaho and Montana. Their laws 
applied in their portions of this park, but Wyoming's law did not 
apply within its portion, which encompassed almost all of the park. 

Senator Carey's bill (Senate bill 166) remedied the situation. 
The bill allowed Wyoming, as well as Idaho and Montana, to serve 
civil and criminal process within its portion of the park."''^ 

His bill (Senate bill 159) to allow leases within the boundaries 
of the park was also enacted into law. The lease was granted for a 
ten-year period. The amount of land to be leased was not to ex- 
ceed ten acres for private lease and not over twenty acres for any 



55. Edward Stanwood, American Tariff Controversies in the Nineteenth 
Centiirx. II (Westminster: Archibald Constable & Company, Ltd., 1904). 
p. 339.' 

56. Ibid., p. 353. 

57. U.S., Staiutes at Lart^'e. XXVIII. p. 913. 

58. IhicL. p. 73. 



JOSEPH MAULL CAREY 69 

one company (the company's buildings could consist of and 
include hotels and the necessary outbuildings)."'" 

FEDERAL RELIEF TO FLOODED AREAS 

In 1895, the Mississippi River overflowed its banks and left 
serious damage to crops. A pending bill, authorizing $20,000 for 
the purchase and distribution of seeds in the localities which were 
made destitute by the flood, was opposed by Senator Carey. His 
fear was that the bill would set a precedent, so that every time 
there was a flood, drought, or catastrophic fire, the people would 
run to Congress for a handout. Such appropriations did harm to 
the West and were not good, maintained Senator Carey.''" 

The bill was defeated. 

ADMISSION OF NEW STATES 

Senator Carey authored bills to admit New Mexico, Utah, Ari- 
zona, and Oklahoma as States into the Union, but all of them failed 
to pass while he was Senator.''' 

FOREIGN AFFAIRS 

The years 1891 to the first part of 1895 were relatively quiet in 
regard to foreign affairs. The big issues, therefore, in Congress 
were domestic ones. Senator Carey introduced no bill pertaining 
to foreign affairs. 

Senator Carey voted affirmatively on a bill which provided that 
Hawaii had the right to establish and maintain its own form of 
government, and the United States would follow a policy of non- 
interference, unless some other nation intruded. If interference 
occurred, the United States would not remain neutral and would 
view such undesirable actions as unfriendly. "-' 

SUNDRY BILLS 

Senator Carey introduced a number of bills that had limited ap- 
peal and application, therefore they brought little or no opposition 
in the Senate. Senate bill 168 granted to Wyoming 160 acres of 
land in the Fort D. A. Russell Military Reservation (today, Francis 



59. U.S.. Statutes at Large, XXVIII. p. 222. 

60. U.S.. Congressional Record, 53d Cong., 3d Sess.. February 18, 1895, 
XXVIII. Part 3. pp. 2339 and 2341. 

61. U.S.. Coni^ressional Record, 53d Cong.. 1st Sess., August 8, 1893, 

XXV. Part 1. p. 212. 

62. U.S.. Congressional Record, 53d Cong., 2d Sess., May 31. 1894, 

XXVI. Part 6. p. 5500. 



70 ANNALS OF WYOMING 

E. Warren Air Force Base, located in Cheyenne, Wyoming) for 
agricultural fair and industrial exposition grounds.*'-' Bridges erect- 
ed on the Fort Laramie Military Reservation were donated to the 
County of Laramie, Wyoming."^ All outstanding soldiers' certifi- 
cates for homesteads were validated.""' Fifty thousand dollars was 
allotted to provide for the completion and repair of quarters, 
barracks, and stables at Forts McKinney and Washakie.*'" And, 
of course, there were many private bills, most of them of a pension 
nature. 

CAREY ACT 

The most valuable piece of legislation to Wyoming and the West 
which Senator Carey sponsored and fought to get enacted into law 
was the act which bears his name, the Carey Act. Because of its 
prime importance, the act is cited from the United States Statutes: 

That to aid the public land States in the reclamation of the desert 
lands therein, and the settlement, cultivation and sale thereof in small 
tracts to actual settlers, the Secretary of the Interior with the approval 
of the President, be, and hereby is, authorized and empowered, upon 
proper application of the State to contract and agree, from time to 
time, with each of the States in which there may be situated desert 
lands as defined by the act entitled "An act to provide for the sale of 
desert land in certain States and Territories," approved March third, 
eighteen hundred and seventy-seven, and the act amendatory thereof, 
approved March third, eighteen hundred and ninety-one, binding the 
United States to donate, grant and patent to the State free of cost for 
survey or price such desert lands, not exceeding one million acres in 
each State, as the State may cause to be irrigated, reclaimed, occupied, 
and cultivated by actual settlers, within ten years next after the passage 
of this Act, as thoroughly as is required of citizens who may enter 
under the said desert-land law. 

Before the application of any State is allowed or a contract or 
agreement is executed or any segregation of any of the land from the 
public domain is ordered by the Secretary of the Interior, the State 
shall file a map of the said land proposed to be irrigated which shall 
exhibit a plan showing the mode of the contemplated irrigation and 
which plan shall be sufficient to thoroughly irrigate and reclaim said 
land and prepare it to raise ordinary agriculture crops and shall also 
show the source of water to be used for irrigation and reclamation, 
and the Secretary of the Interior may make necessary regulations for 
the reservation of the lands applied for by the States to date from the 
date of the filing of the map and plan of irrigation, but such reserva- 
tion shall be of no force whatever if such map and plan of irrigation 



63. U.S., Congressional Record, 53d Cong., 1st Sess., August 8, 1893, 
XV, Part 1, p. 212, and U.S., Statutes at Large, XXVIII, p. 946. 

64. U.S., Congressional Record, 53d Cong., 1st Sess., November 1, 1893, 
XXV, Part 3, p. 3035; Ibid., p. 91. 

65. U.S., Congressional Record, 53d Cong., 1st Sess., October 14, 1893, 
XXV, Part 2, p. 2503; and Ibid., p. 397. 

66. U.S., Congressional Record, 52d Cong., 1st Sess., January 13, 1892, 
XXIII, Part 1, p. 284; and U.S., Statutes at Large, XXVII, p. 376. 



JOSEPH MAULL CAREY 71 

shall not be approved. That any State contracting under this section 
is hereby authorized to make all necessary contracts to cause the said 
lands to be reclaimed, and to induce their settlement and cultivation in 
accordance with and subject to the provisions of this section; but the 
State shall not be authorized to lease any lands or to use or dispose of 
the same in any way whatever, except to secure their reclamation, 
cultivation and settlement.*'" 

Joseph Carey, both as Senator and Territorial Delegate, con- 
sistently spoke out on behalf of the West concerning the unique 
problems of making productive farmland out of arid land, of which 
the West was so much composed. He reviewed, from time to time, 
the history of the previous land laws passed by Congress and 
exposed their weaknesses. The law which drew the most venom 
was the one and only arid-land law, called the Desert Land Act of 
1877. What the West really needed, and vitally so, was a realistic 
arid-land law that would take into account the actual existing con- 
ditions of the Western States, and the Carey bill was designed to 
do so. 

Senator Carey introduced a bill (Senate bill 1544) granting 
transfer of lands to the States and certain Territories when they 
shall become States, and it was referred to the Committee on Public 
Lands but never reported, favorably, out of committee.*'"' 

Twelve days later, February 1 2, 1 894, he again introduced a 
similar bill (Senate bill 1591 ) for the reservation, sale, and settle- 
inent of certain lands located in several of the States and Territor- 
ies. This bill was reported out of the committee with a favorable 
report and included slight changes."" The bill was then referred 
to the Senate and passed therein on July 18, 1894.'" The House 
Committee on Irrigation received the bill but never reported the 
bill out of committee."' 

The Senate, meanwhile, discussed a Sundry Civil Appropriations 
bill, and Senator Carey moved to amend the bill.'- This amend- 
ment became known as the Carey Act. Senator Carey explained 
the amendment was quite a conservative measure. The States to 
which the amendment pertained would receive only about two- 
fifths of the amount of land some States had received under the 
Swampland Act. Not one acre of land was to leave control of the 
Federal Government until the land had been reclaimed. No person 
could lose. Senator Carey assured, by passage of the act. The 



67. U.S., Statutes at Large, XXVIII. p. 422. 

68. U.S.. Coni^ressional Record. 53d Cong., 2d Sess., February 1, 1894, 
XXVI. Part 2, p. 1761. 

69. U.S.. Congressional Record. 53d Cong., 2d Sess., February 12, 1894. 
XXVI. Part 3. p. 2079. 

70. U.S.. Congressional Record. 53d Cong., 2d Sess., July 18. 1894, 
XXVI. Part 8, p. 7613. 

71. Ibid.. July 20, 1894, p. 7751. 

72. Ibid.. July 18, 1894, p. 7612. 



72 ANNALS OF WYOMING 

Senate accepted the amendment.'-^ After some debate, the House 
acquiesced and appended the Carey Amendment to the appro- 
priations bill. 

However, unexpected opposition to the Carey Amendment was 
presented by Henry A. Coffeen, Wyoming's sole Representative in 
the House. Representative Coffeen made claims that the pro- 
cedure for the adoption of such a measure was entirely wrong. 
The bill should stand on its own merits. The originator of the bill, 
he said, had used the deplorable tactic of attaching it to the appro- 
priations bill. It was Representative Coffeen's fear that vast 
syndicates of land speculators would be enriched by this too hasty 
piece of legislation. The Federal Government used up the good 
land and wanted to shove the burden of reclaiming the poor land 
onto the States. The idea of liens on property was not a good idea. 
The settlers were not protected. The title to the land followed the 
liens, and the investment companies controlled the land. Then, 
Representative Coffeen attacked Senator Carey directly and also 
made a peculiar tie-in of the Johnson County War with the Carey 
bill: 

The people of Wyoming were greatly aroused at the last Congres- 
sional election and alarmed at the threatened waste of the public 
domain when they beheld their Representatives, especially in the 
Senate (Carey and Warren) formulating and urging laws for the ces- 
sion of the unreclaimed arid lands to the States; and the known policies 
of leading Wyoming landlords and movements toward the organiza- 
tion of land-grabbing syndicates elsewhere led them to the conviction 
that it was best to retire at least two of their Representatives in Con- 
gress favoring such bills, and in the face of this bill and knowing well 
its origin and intent, I am convinced that they will retire another advo- 
cate (Carey) of cession of arid lands at the next election. 

The same parties, officials, and political leaders that were in general 
working to secure, or at least urged national legislation in favor of the 
cession of the arid lands to the States, were also interested in large 
cattle syndicates and stock ranges and seemed unwilling to encourage 
the proper settlement upon our public lands of farmers and small 
stock-growers."* 

At this point Representative Coffeen briefly related to the members 
of Congress the history of the Johnson County invasion. He then 
continued his remarks which implicated Senator Carey: 

The people of my State are unwilling to voluntarily take any further 
risks in the direction of permitting the public lands to be seized upon 
and fenced in and held in large bodies under the pretense of reclaim- 
ing these lands or in any other way giving cattle companies or other 
corporations power over the public lands. 

I should perhaps not have referred to these matters, and the un- 



73. Ibid., p. 7613. 

74. U.S., Appendix to the Congressional Record, 53d Cong., 2d Sess., 
August 15, 1894, XXVI, Part 10, pp. 1420-1421. 



JOSEPH MAULL CAREY 73 

happy events connected with the cession of arid lands if this effort to 
railroad such a proposition through as an amendment to the Sundry 
Civil Appropriations bill had not been made.""' 

In spite of Representative Coffeen's opposition, the bill passed 
the House on August 15, 1894.''' It was signed into law by the 
President on August 17.'^ 

The act gave to each arid State the right to select one million 
acres of land and to control its irrigation and settlement. This was 
a concession to the States of Colorado, Idaho, Montana, Nevada, 
Oregon, Utah, Washington, and Wyoming.''' Passing this bill, 
Senator Carey contended, the Federal Government would not lose 
but only profit. The Federal Government would maintain title to 
said lands, until the lands were fully reclaimed and settled in tracts 
of 160 acres. Explaining why the Federal Government would not 
lose. Senator Carey stated: 

If the States, or any of the States, should undertake the reclamation 
of any of the lands under the provisions of this bill and should fail 
to accomplish the purposes of the act the lands would, by proclamation 
of the President, be released from such reservation and become a 
subject to disposal as other lands of the United States. 

If the States complied with the conditions of the act, the lands would 
be reclaimed, settled upon and disposed of to actual settlers in small 
tracts, thereby accomplishing the same purpose as is contemplated by 
the homestead laws of the United States."" 

Senator Carey displayed a table showing the approximate amount 
of arid lands in twelve Western States, of which acreage shown per 
State each State would be entitled to reclaim one million acres, 
under the act: 

TABLE 7. Approximate lands in the Arid States to which the Carey Act 
.may apply. ■'^•' 

States. Acres. 

Arizona 49,000,000 

California 47,000,000 

Colorado 41,000,000 

Idaho 37,000,000 

Montana 74,000,000 

New Mexico 54,000,000 

North Dakota 18,000,000 

Oregon 37,000,000 

South Dakota 13,000,000 

Utah 35,000,000 

Washington 18,000,000 

Wyoming 53,000,000 



75. Ibid., p. 1421. 



74 ANNALS OF WYOMING 

The act was superior to other acts, because it was designed to both 
reclaim and settle the lands reserved. The States accomplished 
what the Federal homestead and desert-land laws each separately 
provided.''^ According to the act, the following desert lands did 
not qualify: 

First, lands bordering upon streams, lakes, or other natural bodies 
of water, or through which or upon which there is any river, stream, 
arroyo, lake, pond, body of water, or living spring, until the clearest 
proof of their desert character is furnished. 

Second, lands v/hich produce native grasses in sufficient quantity, if 
unfed by grazing animals, to make an ordinary crop of hay, in usual 
seasons. 

Third, lands which will produce an agricultural crop of any kind, in 
amount to make the cultivation reasonably remunerative. 

Fourth, land containing sufficient moisture to produce a natural 
growth of trees. ■'^-' 

After applying and attempting applications of the Carey Act, 
it became obvious that it, too, had shortcomings, and objections 
soon arose. The act was amended several times to overcome some 
of the more serious shortcomings and to make it accomplish what 
the author had intended it to accomplish. 

The act, apparently, was designed so that the States themselves 
could undertake the actual reclamation by furnishing the necessary 
capital for the construction of reservoirs, dams, and canals, or so 
that the States could lend their credit to groups of settlers or com- 
panies to accomplish the same result. This State action was quite 
unlikely to occur, as the States did not have the available funds, or 
their constitutions had prohibiting provisions forbidding such 
action.'' '■ 

The Wyoming Constitution read: 

Article XVI, Section 6. Neither the state nor any county, city, 
township, town, school district, or any other political subdivision shall 
loan or give its credit or make donations to or in aid of any individual, 
association, or corporation, except for necessary support of the poor, 
nor subscribe to or become the owner of the capital stock of any 



7(i. U.S.. C(>in;ri's.\i(>nal Record. 53d Cong., 2d Sess., August 15, 1894, 
XXVi. Part 8. p. 8541. 

77. I hid.. August 20, 1894, p. 8622. 

78. Walter Prescott Webb, The Great Plains (Chicago: Ginn & Com- 
pany, 1931 ), p. 356. 

79. U.S.. Congress, Senate, Reservation, Sale, and Settlement of Certain 
Lands. 53d Cong.. 2d Sess., April 17. 1894, Serial Set 3183 [Volume], 
Senate Report 332. 

80. Ihid.. p. 4 of Senate Report No. 332. 

81. fhid. 

82. Charles F. Davis, The Law of Irrigation (Denver, Colorado: Pub- 
lishers Press Room and Bindery Company. 1915), p. 262. 

83. George Thomas, The Development of Institutions under Irrigation 
(New York: The Macmillan Company, 1920), p. 236. 



JOSEPH MAULL CAREY 75 

association or corporation. The state shall not engage in any work of 
internal improvement unless authorized by a two-thirds vote of the 
people. '^^ 

But, this provision of the Wyoming Constitution was changed: 

Article XVI, Section 10. The provisions of Section 6 of Article 
XVI of this Constitution prohibiting the state from engaging in any 
work of internal improvements, unless authorized by a two-thirds vote 
of the people, shall not apply to or affect the construction or improve- 
ment of any works designed, constructed or operated for the purposes 
of conservation or utilization of water, but the legislature shall have 
the power to provide for the construction or improvement in whole or 
in part, of any works designed, constructed or operated for the pur- 
poses of conservation or utilization of water, either directly or by 
extending aid to legal subdivisions of the State of Wyoming, duly 
organized irrigation, drainage, soil conservation, and public irrigation 
and power districts, and any public corporation legally organized for 
the purposes of the conservation, distribution or utilization of water or 
soil: and notwithstanding said inhibition as to works of internal im- 
provement, whenever grants of land or other property shall be made 
to the state, especially dedicated by the grant to particular works of 
internal improvement, the state may carry on such particular works of 
internal improvement and shall devote thereto the avails of such 
grants, and may likewise pledge or appropriate the revenues derived 
from such work in aid of their completion.^"' 

Most of the other arid State constitutions had similar prohibiting 
clauses, and they had to make changes in their constitutions in 
order to take advantage of the Carey Act.^" 

Even if these obstacles to the fulfillment of the act were over- 
come, the time period of ten years was too short to complete a 
project of such magnitude. There was too much red tape cutting 
into the ten-year period. It took two years for the Federal Govern- 
ment to work out the preliminaries and the State legislatures to 
introduce, discuss, and pass the necessary legislation before any 
action on the Carey Act provisions could be taken. Another ob- 
jection was, when word got out that a Carey Act project was about 
to get underway, speculators would locate on the land in order to 
enjoy the enhanced price when water became available thereon. 
An entry on the land prior to being withdrawn under the provisions 
of the act prevented a lien being placed on it."^' 

Regarding consideration of the stated objections, the Carey Act 
underwent a series of amendments. In 1896, an amendment al- 
lowed for State liens securing moneys advanced, such as to con- 
struction contractors. Under the original act, no patent was 



84. Constitution of the State of Wyomitig (Including all Amendments 
adopted to .lanuary 1, 1957), Compiled and Reprinted by Everett T. Copen- 
haver, Secretary of State. 

85. Ibid. 

86. Thomas, p. 236. 

87. Ibid., pp. 236-238. 



76 ANNALS OF WYOMING 

allowable until the land was cultivated and in the hands of the 
settler. Under the amendment, the State could get patent and the 
right of a lien if a substantial ditch or canal was constructed.'*'^ In 
1901, a second amendment stated that the ten-year period would 
run from the time the Secretary of Interior gave his approval of the 
project. If more time were yet needed, the Secretary could give an 
additional five-year extension, using his own discretion In 1910, 
a third amendment was added. If the State official requested, the 
Secretary of the Interior could, for one year, withdraw the lands 
subject to a Carey Act project. This amendment was needed in 
order to prevent speculation.'^" There were, too, charges of much 
fraud committed under the Carey Act."" 

The first step for a State to participate in the provisions of the 
act was that the legislature accepted the terms and made provisions 
for reclamation work. All the arid States had completed this step. 
The proper officials of a State entered into a contract with a com- 
pany to build the necessary irrigation works. The company had to 
secure a water right for the irrigation and then build the works 
which brought water to the land. Control over the water rights 
was under the direction of a State Engineer, or board so appoint- 
ed.''^ Mr. Clarence T. Johnston, in his book, Irrigation in Wyo- 
ming, gave a step-by-step procedure on how the act was admin- 
istered in Wyoming: 

The company proposing to carry on such development first makes 
its surveys and plans for this work; then secures the necessary permits 
from the State Engineer's office; then makes its request and proposal 
to the State Board of Land Commissioners, composed of the governor, 
the secretary of state, and the superintendent of public instruction. 
This request and proposal describe the lands that are to be irrigated 
and contain the proposition of the company to the State as to price 
of water rights and a permanent interest in irrigation works, the form 
of contract to be used, and other particulars. If the State board of 
land commissioners approves of the proposition, maps and a request 
for the segregation of the lands are transmitted to the proper local 
land office. The lands designated are immediately withdrawn from 
eniry and the local land office submits the request to the General Land 
Office at Washington, where the approval of the Secretary of the 
Interior finally places the State in control of the land. The works are 
then completed by the company. The land cannot be taken up until 
the settler shows the State that he has entered into contract with the 
company for a sufficient water right for his lands and a perpetual 
interest in the irrigation works, proportioned in the ratio of the area 
of his land to the entire tract to be reclaimed. When the irrigation 
works are completed the State engineer makes an inspection, and, if 
they are found to comply with the plans and specifications which have 



8S. Davis, pp. 26^-266. 

89. Thomas, p. 238. 

90. Randall R. Howard, "Irrigation Frauds in Ten Slates," Technical 
World. 17:504-514 (July, 1912). 

91. Davis, p. 267. 



JOSEPH MAUI L CAREY 77 

been already passed upon by him. the State board of land commis- 
sioners is so notified; whereupon the board makes a request to the 
Government that a patent be issued. The patent comes to the State 
and the lands are sold and patented for water rights being made to 
the company building the works. "-' 

When Wyoming accepted the Carey Act, some administrative 
features were introduced which proved to be such a success that 
other States followed them. No Carey Act project was permitted 
unless the water supply was ample, and no one, except sharehold- 
ers, could file on the lands having irrigation ditches. The settlers, 
then, were part owners of the canals. The settlers received transfer 
of the property when 70 to 90 percent of the water rights were 
purchased. The construction company, until that time, operated 
and maintained the canal, and charged the settlers the expense of 
such operation. There were advantages to both parties. The set- 
tlers had experienced management during the early years of the 
project, and the company or the investor had control of the prop- 
erty until the property was sold.''-' 

In Wyoming, settlement of farms under the Carey Act near 
Wheatland, Torrington, and Douglas, became a reality. The three 
communities owed their development, growth, and prosperity, to a 
considerable extent, to the Carey Act.''^ 

END OF SENATOR CAREY S CONGRESSIONAL CAREER 

In spite of the passage of the Carey .Act and because of his stand 
on the free coinage of silver, Joseph Maull Carey failed to secure 
the support of Wyoming's Republicans and their recommendations 
to the State Legislature in selection of Wyoming's next Senators. 
The State Legislature met from January 8, 1895, until February 
16, 1895. It was largely composed of Republicans. This State 
Legislature, Wyoming's third, met in a joint session on January 23 
and elected Francis E. Warren for a six-year term replacing ex- 
Senator Carey. The four-year term was given to Clarence D. 
Clark. Complimentary votes of the Democrats went to William 
H. Holliday and Samuel T. Corn."'' 

Thus, Joseph Maull Carey's Congressional career terminated. 
His political life with its concomitant contributions to the people 
of Wyoming, however, was certainly not over; for Statesman Carey 
was elected Governor of Wyoming in 1910 and also was one of 
seven governors, in 1912, who helped Theodore Roosevelt organ- 
ize the Progressive Party. 



92. Clarence T. Johnston, Irrigation in Wyomim^ (Washington: Govern- 
ment Printing Office. 1909), pp. 57-58. 

93. Elwood Mead, Irrigation Institutions (New York: MacMillan Com- 
pany. 190.'^), pp. 273-274. 

94. Linford, p. 330. 

95. Beard, pp. 514-515. 



78 ANNALS OF WYOMING 

SUMMARY ■..••■- '%, .. 

Joseph Maull Carey came West from Delaware as political 
appointee to the post of United States District Attorney for the 
newly-created Territory of Wyoming. He was appointed by Presi- 
dent Grant. He became a judge on the Territorial Supreme Court 
of Wyoming, hence the oft-used appelation, "Judge Carey." He 
was elected for three consecutive terms to serve as Wyoming Terri- 
torial Delegate in the House of Representatives. His chief job, as 
stated by Delegate Carey himself, was to educate the members of 
Congress on the problems of the West, so that sensible legislation 
would result. The most important piece of legislation that Dele- 
gate Carey sponsored, debated, and saw enacted into law during his 
terms in the House of Representatives was the Wyoming Admission 
Bill. Because of his success, he had helped to legislate himself 
out of a job. 

The newly-elected, first State Legislature honored him by elect- 
ing him on its first ballot the first United States Senator from 
Wyoming. During his four-year term as Senator, Joseph Carey 
became involved in two very controversial issues, namely the free 
coinage of silver and whether or not he had anything to do with the 
Johnson County War. Senator Carey was a firm believer in the 
sound-money principle and consistently voted his convictions 
against the issue of free coinage of silver. His stand on silver 
resulted in Senator Carey's not being reelected to the United States 
Senate in 1895. He never once admitted any involvement in the 
Johnson County War, but many Wyoming people believed, "where 
there was smoke, there was fire." 

The most important piece of legislation to Wyoming and the 
West during his Senatorship was the Carey Act. This act gave to 
each arid-land State up to 1,000,000 (later changed to 2,000,000) 
acres of free land, if the lands were properly reclaimed. Today, 
there are communities which exist in the arid States owing their 
existence, primarily, to the provisions of the Carey Act. 



CONCLUSIONS 

Joseph M. Carey, quite rightfully, is called the "Father of Wyo- 
ming Statehood." He is identified with the development of not 
only Wyoming but the West as well. He made his mark and left 
his mark indelibly upon the history of the pioneer days of Wyo- 
ming, both as a Territory and as a State. 

His honor has not only been recorded and recognized within the 
confines of his own State but in other Western States as well. 
Joseph Maull Carey was recently voted into the Cowboy Hall of 
Fame, located in Oklahoma City, Oklahoma. Selecting him was a 
joint venture of seventeen Western States. The Cowboy Hall of 



JOSEPH MAUI.I. CAREY 79 

Fame's symbol of Western migration and development is expressed 
through the figure of a man seated on a horse. 

Two of the members of the board of trustees of the Cowboy Hall 
of Fame are from Wyoming. They helped to add to Joseph Maull 
Carey's multitudinous honors. The two men are R. J. Hofmann, 
President of the American National Bank of Cheyenne, Wyoming, 
and State Senate-President Norman Barlow (R-Sublette County). 

Only two other men from Wyoming thus far have received this 
recognition — John B. Kendrick and Francis E. Warren. All three 
men have been Wyoming United States Senator and Governor of 
Wyoming. Also, all three Wyoming men are permanently memo- 
rialized by sculptured plaques and mementos.' 

To say that Joseph Maull Carey was a man motivated by per- 
sonal selfish desires is of great doubt. To say that Joseph Maull 
Carey was a man with high principles is of little doubt. To say 
that Joseph Maull Carey did a tremendous amount of good for 
Wyoming and the rest of the West, from which the benefits are still 
being derived, is of no doubt. As Mr. 1. S. Bartlett said in his 
book. History of Wyoming, "Judge" Carey may be truly called 
"the grand old man of Wyoming. "- 

BIBLIOGRAPHY 

PUBLIC DOCUMENTS 

U.S. Cotiuns.sioiuil Record. Vols. XVH, Part 1; XVII. Part 4; XVli, Part 
6; XVIII. Part i; XIX, Part 1: XIX, Part 7; XXI. Part 1: XXI. Part 3; 
XXII. Part 1; XXII, Part 2: XXIIII, Part 1; XXIII. Part 6; XXV. Part 
1. XXV. Part 2; XXV. Part 3: XXVI. Part 2; XXVI, Part 3: XXVI. 
Part 5: XXVI, Part 6: XXVI, Part 7; XXVI, Part 8; XXVIII, Part 3. 

U.S. Appemlix to the Coni;ressiotuil Record. Vols. XVH, Part 8; XXVI. 
Part .V XXVI, Part II f Appendix]. 

U.S. President [Cleveland]. Message from the President of the United 
Slates ReUitive to Chinese Treaty of Stipulation. March 3, 1886, Serial 
Set 2398 [Volume]. House Executive Document 102. 

U.S. House of Representatives. Repeal of Preemption. Timhercidtiire, and 
Desert Lands Laws. 49th Cong.. 1st Sess.. April 15. 1886, Serial Set 
2440 [Volume], H.R. 1679. 

-. 7V> Reduce Taxation. To Provide Revenue for the Government, 

and for Other Purposes. .'>3d Cong.. 2d Sess.. December 19, 1893, Serial 
Set .^269 [Volume], H.R. 234. 

U.S. Congress. Senate. Reservation. Sale, and Settlement of Certain Lands. 
53d Cong., 2d Sess.. April 17, 1894, Serial Set 3183 [Volume], Senate 
Report 332. 

U.S. Statutes at Lar,i;e. Vols. XXIV. XXV, XXVI, XXVII, and XXVIII. 

Constitution of the State of Wyoming. Article XVI, Section 10. (Includ- 
ing all Amendments adopted to January 1, 1957), Compiled and Re- 
printed by Everett T. Copenhaver. Secretary of State. 



1. Wyoming State Tribune. March 11. 1959, Cheyenne, Wyoming. 

2. Bartlett, p. 7. 



80 ANNALS OF WYOMING 



BOOKS 



Anonymous. History of the Union Pacific Coal Mines. 1868-1940. Omaha: 
Colonial Press, 'l940. 

Bartlett, I. S. History of Wyoming. Vol. II, Chicago: S. J. Clarke Pub- 
lishing Company, 1918. 

Beard, Francis Birkhead. Wyoming from Territorial Days to the Present. 
Vol. I, Chicago: American Historical Society, Inc., 1933. 

Davis, Charles F. The Law of Irrigation. Denver: Publishers Press Room 
and Bindery Company. 1915. 

Erwin, Marie H. Wyoming Historical Blue Book. Denver: Bradford- 
Robinson Printing Company, 1946. 

Hicks, John D. The Populist Revolt. Minneapolis: University of Minne- 
sota Press, 1931. 

Linford, Velma (Miss). Wyoming Frontier State. Denver: Old West 
Publishing Company, 1947. 

Mead, Elwood. Irrigation Institutions. New York: MacMillan Company, 
1903. 

Mercer, A. S. The Banditti of the Plains. San Francisco: Grabhorn Press, 
1935. 

Morris, R. B. Encyclopedia of American History. New York: Harper and 
Brothers, 1935. 

Morris, R. C. Collections of Wyoming Historical Society. Vol. I, Chey- 
enne: Sun-Leader Publishing House, 1897. 

Ogg, Frederic A., and Ray, P. Orman. Introduction to American Govern- 
ment. New York: Appleton-Century-Crofts, Inc., 1954. 

Osgood, E. S. The Day of the Cattleman. Minneapolis: University of 
Minnesota Press, 1954. 

Sandoz. Marie. The Cattlemen from the Rio Grande across the Far Marias. 
New York: Hastings House Publishers, 1958. 

AUTOBIOGRAPHIES AND BIOGRAPHIES 

Baber, D. F. (Mrs.). The Longest Rope. Caldwell, Idaho: The Caxton 

Printers, Ltd., 1947. 
Burton, Theodore E. John Sherman. Boston: Houghton Mifflin Company, 

1906. 
David, Robert B. Malcolm Campbell, Sheriff. Casper, Wyoming: Wyo- 

mingana. Inc., 1932. 
Metcalfe, Richard. Life and Patriotic Services of Hon. William Jennings 

Bryan. Baltimore, Maryland: Edgewood Publishing Company, 1896. 
Sherman, John. Recollections of Forty Years in the House, Senate, and 

Cabinet. Vol. 11. Chicago: The Werner Company, 1895. 

ARTICLES AND PERIODICALS 

Howard, Randall R. "Irrigation Frauds in Ten States." Technical World, 
17:504-14, July 1912. 

Nichols, Jeanette Paddock. "Silver Repeal in the Senate." American His- 
torical Review, 41:26-53, October, 1935. 

NEWSPAPERS 

Cheyenne Daily Leader. 1890-1892. 
Laramie Daily Boomerang. 1892. 
Wyoming State Tribune. March 11, 1959. 

OTHER SOURCES 
Blume, Fred H. Personal interview with the Chief Justice of the Wyoming 

Supreme Court, Cheyenne, Wyoming. June 11, 1962. 
Carey, Charles Jr. Personal interview with the grandson of Joseph Maull 

Carey and presently a Cheyenne businessman, Cheyenne, Wyoming. 

August 28, 1961. 



JOSEPH MAULL CAREY 



MISCELLANEOUS 



Carey File. Hebard Room, University of Wyoming Library. A collection 
of newspaper articles, correspondence, and sundry items. 

. Wyoming State Archives and Historical Department. State Office 

Building. Cheyenne. Wyoming. A collection of newspaper articles, 
correspondence, and sundry items. 

Warren Collection. Hebard Room, University of Wyoming Library. Scrap- 
books of newspaper clippings. Since Francis E. Warren and Joseph 
Maull Carey were Senators together for two years, the source was of 
some help because some of the newspaper clippings contained infor- 
mation about Joseph Maull Carey. 

WYOMING LAW BOOK 

Thomas, E. A., Reporter. Wyoming Reports: 1870-1878. Vol. I. New 
York: The Banks Law Publishing Co., 1909. (Reports of cases de- 
termined in the Supreme Court of the Territory of Wyoming from its 
organization to the March Term. 1878.) 



So Idler ing oh the frontier 

The following letter was written by C. E. Gould to his brother, 
Frederick H. Gould, Battle Creek, Michigan, in September, 1858. 
The envelope which accompanies the letter is stamped with the 
date April 23, so it apparently took nearly seven months to reach 
its destination. Spelling and punctuation are that of the author. 
The letter and the sketch of Fort Bridger are located in the files of 
the Wyoming State Archives and Historical Department. — Editor. 



Camp Floyd U. T. Sept. 24, 58 

Brother Frederic: 

I begin to think that you are waiting for me to write a letter to 
you personally, and urge you to write to me before you can even 
begin to think of writing one to me — or perhaps you think a 
soldier is wholly unworthy of notice if so write to me for the sake 
of relationship, I think that I have said perhaps too much — at any 
rate enough to make you write if talking will do it — so I will say 
something else — . 

Something concerning present business: Our present occupation 
is building quarters for winter out of dobies — or sun dried brick- — 
it would supprise you to see what a pile of them it takes to build 
quarters for this regiment alone — you might give a guess, perhaps, 
when I tell you it takes over three million and every brick is one 
foot long six inches wide and four inches thick. There is ten 
buildings one hundred and thirty feet long each, and forty two feet 
wide, thirty buildings twenty two by sixteen and seventeen build- 
ings eighteen by sixty three. They all contain two hundred and 
fifty one rooms— This for only one thousand men. Just think 
what it would be for the whole command, or nearly five thousand 
men. Do you ever think of going to Frazier's ever if you do at all 
events don't go till next summer for according to all accounts the 
Indians are very troublesome and you might get into difficulty. 
This army is ordered to Oregon — except the sixth Infantry — but 
will probably stop here this winter — as the mormon difficulty is 
far from being settled I think. Government thinks so too 1 reckon 
or it would not be sending such an army out here and so much 
artillery to. We have now thirty pieces of artillery — 24 pieces of 
light artillery — nine and twelve pounders — six pieces of heavy 
twenty-four and thirty-two pounders all brass guns — You would 
hear more noise in one day here, when the whole army is at target 
practice, than you would there in a dozen fourth of July's. Our 
Sunday consists in dress parade at eight o'clock — that is the whole 
command is paraded in full uniform — and two o'clock P. M., 



84 ANNALS OF WYOMING 

Divine service. Wouldn't you like to know what I think of soldier- 
ing. In the first place it is as bad a place as you can find for 
morals — you frequently hear people say if you are too lazy to 
work enlist, — now if they think that a soldiers life is a lazy one 
they will find themselves much mistaken — out here — at least — I 
have found it exactly the opposite. I dont know much about it 
in or about cities. Here we have reville at four o'clock in the 
summer and five in the winter, at work at six recall at twelve — 
and fatigue call at one and recall at six P. M. again — when not at 
work we have drill about six hours a day, then you mount guard 
ever fourth night or so, and you cannot turn out with an old dirty 
rifle or belts your belts and shoes have to be blackend till they shine 
like patent leather and your rifle not the least bit of dust on it so 
that it would not soil the whitest handkerchief ever was. I am well 
enough satisfied, hut Frederick never enlist. I must stop writing 
soon, I am going to send you a plan of Fort Bridger as I thought 
perhaps you would like to see what kind of a thing this renownd 
fort is — the stone fort or our depot— was built by the mormons to 
resist the troops — we put earth works and mounted them with 
cannon, out-side edge of the ditch is defended by pointed stakes 
inclined outward all-together it is a pretty strong work. Now write 
to me the very day that you get this, — if you are at Uncle Wilders 
get some of them to write too if you can. I want to hear from all 
very much. Write direct to Camp Floyd, U. T. Co. C, 10th 
Infantr)'.. 

Your brother, C. E. Gould 



Jack 8 His Mat/ftes-A Zribute 

By 

Horace M. Albright 

When, on May 12, 1962, Jack Ellis Haynes passed away in 
Livingston, Montana, after a brief illness, there was a loss of 
monumental proportions suffered by his family and friends, and by 
the entire National Park Service in general and the organizations — 
public and private — in Yellowstone Park in particular. 

Jack Haynes was not only the Dean of National park concession- 
ers, he had been rated for nearly a half century as one of the best 
of all the individuals engaged in furnishing travel facilities, accomo- 
dations and services in the national park system. The high regard 
in which he was held by Government officials and fellow con- 
cessioners was the natural appraisal of a man who placed public 
service — and service to the public — above personal interests — 
profit and prestige. His father was already in business in Yellow- 
stone National Park when he was born in Fargo, Dakota Territory, 
September 27, 1884. Of his long and successful life. Jack Haynes 
spent 75 of his 77 years in the Park. His love of the Yellowstone 
was a part of him from earliest childhood. 

He was ever ready to aid the Park as he was to safeguard his 
family and his business. No man in business in a national park g 

was ever more cooperative, more generous, more unselfish. I 

He was educated as a mining engineer, graduating from the Uni- ? 

versity of Minnesota in 1908, but he was a born artist, historian, ^' 

explorer, author and business man. He was a talented musician. t 

Photography was a skill attained early in life. Following in the ^' 

footsteps of his father, whom he adored, he continued the famous 
Haynes Guide to Yellowstone National Park, improving it year by 
year, always keeping it up-to-date and constantly seeking new p 

features to make it indispensable to park visitors who seriously j 

sought information that would enable them to get the utmost en- -t 

joyment out of their trips. Long ago, the Haynes Guide was ' 

declared to be the Official Guide of the Yellowstone. Jack was ,'a 

also the author and editor of other important publications on the 
Park. 

Following the trail his father blazed for him, he continued the 
collection of books, pamphlets, souvenirs, artifacts and other mem- 
orabilia of Yellowstone National Park, and the pioneer days of the 



* Reprinted by permission from Planning and Civic Coninient. Vol. 
No. 3, Sept. 1962. pp. 56-58. 



86 ANNALS OF WYOMING 

surrounding country. No item was too small or too insignificant 
for Jack's attention if it had historical, archaeological or anthropo- 
logical value. 

When the museums were being established in Yellowstone Na- 
tional Park, Jack Haynes acted as director of the one at park 
headquarters and devoted much time even in the midst of busy 
tourist seasons to the planning and installation of exhibits. And 
he generously contributed not only essential pictures but many 
objects from his own collections for the museum displays. He also, 
as a consultant, without any compensation, advised the Park Ser- 
vice naturalists and museum specialists who later developed the 
museums in other sections of the Park. 

He loved to explore the wilderness Yellowstone and probably 
no man, except a few rangers and old-time scouts, covered more of 
the remote parts of the Park by horse and packtrain, boat and even 
afoot than Jack Haynes. He heartily supported the proposed 
boundary revisions and extensions of the Park, and the creation of 
the Grand Teton National Park. In these legislative programs, 
his pictures and material from his collections were important aids 
to the Interior Department and the National Park Service officers. 

When landscape restriction policies and new building programs 
were adopted by the National Park Service, the Haynes shops 
and their grounds were promptly rebuilt to meet the new condi- 
tions. When other concessioners failed to respond to a plan for 
tourist facilities at Tower Falls, the risks were assumed by Haynes 
as a public service without much hope at the time that they might 
ultimately be profitable. 

The Haynes Picture Shops at all points of interest in the Yellow- 
stone have been outstanding for the variety and quality of the 
objects offered for sale, and for the superb taste with which Mr. 
and Mrs. Haynes planned the exhibits. 

Jack Haynes' personality naturally contributed to his success 
and great popularity as a business operator, and as a personal 
friend to all of us who were privileged to know him. He was a 
kindly, gentle, soft-spoken man. His wit enlivened parties of all 
kinds whether they were at home, on a pack trip, or "cook-outs" 
of the "Scientific Committee" or just riding or walking along with 
this charming fellow. 

Jack's father, F. Jay Haynes, who had been in business in the 
Yellowstone since the very early 1880's, died in 1921, but he had 
succeeded the founder of the House of Haynes in 1916. The 
previous year — 1915 — I had the opportunity to meet Jack, but 
it was the year that he was taking over the management of the 
photographic business that I came to know him well. The stage 
coaches were still on the Yellowstone roads. My first trip with 
Jack was in an automobile and I recall our observing the special 
rules governing auto travel to avoid the horse-drawn coaches. 
There were times when we just had to sit and wait for the time to 



JACK ELLIS HAYNhS— A TRIBUTE 87 

move on the tight schedule, and it was then — 46 years ago — that 
I came to appreciate the fine quaUties of Jack Haynes. Every year 
since then my interest in him and my affection for him has con- 
tinued and grown stronger. 

1 shall always be grateful for the opportunity accorded me to 
act as master of ceremonies at the dinner in tribute to Jack Ellis 
Haynes in Yellowstone Park, September 3, 1959, when our friend 
approached his 75th birthday. A host of Jack's friends were 
present and spoke in praise of his life and work. Among them 
were Director Conrad L. Wirth, former Assistant Secretary of the 
Interior Wesley D'Ewart, Lon Garrison, Yellowstone's superin- 
tendent, Edmund Rogers, his predecessor. It was a great night 
for Jack, but in his mind it was by no means his last birthday party. 

He had helped organize the celebration of the 50th anniversary 
of Yellowstone Park's creation in 1922, and the similar recognition 
of the 75th anniversary in 1947. At his 1959 dinner. Jack made 
many of us promise to be at the big party he was planning for 
March 1, 1972. when Yellowstone National Park will be 100 
years old. 

Like Jack, some of us won't be there. However, there will be 
tributes to Jack Haynes, eloquently expressed along with those paid 
to Hedges, Langford, Clagett, Jackson, Hayden, President U. S. 
Grant and others responsible for the creation of Yellowstone 
National Park and the marking of the beginning of the world's 
greatest national park system. 



Wyoming's droHtier J^ewspapers 

By 

Elizabeth Keen 

THE NEWSPAPER AS HISTORICAL RECORD 

ECONOMIC AND POLITICAL MATTERS 

Newspapers of the territorial period picture vividly th^ growth 
of the cattle and wool industries from which Wyoming was to de- 
rive its greatest wealth. The Cheyenne Leader was perhaps the 
first newspaper to note that opportunities awaited the stockman if 
he cared to take advantage of them: 

Among the least known of all the beautiful and rich lands waiting 
for our people to enter in and possess it, is the rich and charming 
valley of the Big Horn. . . . Those that have been there speak of it as 
the garden spot of all the country west of the Missouri river. . . . 
The valley is well watered. For a grazing country for either 
cattle or sheep, the Big Horn Valley and mountains cannot be ex- 
celled in the world. . . . All the sheep flocks in the world could graze 
winter and summer on the slopes of these mountains. •"•" 

The earliest pictures show the pioneer simply turning his steers 
out to graze on prairie grass through the winter and then in the 
summer shipping his "beeves'" east at profits so phenomenal that 
they soon attracted foreign capital, chiefly British, to the new 
country. Cattle-rustling and horse-thieving were by-products of 
the new industry as shown by the number of rewards for the appre- 
hension of such thieves printed, for example, in the Frontier Index. 
Cattle ranches grew in size, and stockmen organized themselves 
into powerful associations. By December 3, 1886, Mercer was 
writing in the Northwestern Livestock Journal: 

Thousands of men have grown rich by the conversion of grass into 
flesh and blood during the past double decade and thousands more 
will do the same during the twenty years next to come. 

Wyoming residents were discovering, too, that their own beef 
was of a high quality: 

The Wyoming Meat company is now slaughtering 150 head of hay- 
fed beeves purchased from Booth & Crocker of Evanston. They aver- 
aged 1.461 pounds and are pronounced finer than the corn-fed beeves 
which the company has been shipping in from Nebraska-"'*^ 



57. Cheyenne Leader, Dec. 28, 1869. 

58. Northwestern Livestock Journal, May 27, 1887. 



WYOMING'S FRONTIER NEWSPAPERS 89 

By 1887 huge roundups were being reported in the North- 
western Livestock Journal: 

On Sunday next . . . the round-ups in seven different districts in 
Wyoming will start on the annual spring hunt for cattle. Of these 
No. 2 will start at Durbin's crossing on Pole creek, and work, down 
to .Fulesburg; No. 19, the northern round-up, will start at the mouth 
of Logging creek, v/orking Tongue river, the Rosebud, etc.; No. 22 
works in two divisions, the first starting at the mouth of Fifteen-mile 
creek and the second division from the lower Big Horn Canon; No. 23 
starts from Bridger crossing on South Powder and No. 25 at Merritt's 
cro.ssing; No. 27 starts from the mouth of Fifteen-mile creek with No. 
22, and No. 35 starts at Black Rock working down Little Bitter 
Creek."!' 

At the end of the year the newspaper was forecasting a steady 
growth of the cattle industry "notwithstanding the fearful depres- 
sion of the past two years . . . out of which we are just beginning 
to emerge.""" 

Another valuable record left by early-day Wyoming newspapers 
is to be found in the political stories — stories that deal with ma- 
neuvers leading to the formation of Wyoming as a territory, and 
others that cover the granting of the vote to women, the founding 
of state institutions, and the admitting of Wyoming as the forty- 
fourth state. As early as December 7, 1867, the Cheyenne Leader 
described a "monster mass meeting" the evening before at which 

... an immense concourse of citizens assembled at Martin's Hall to 
take into consideration the project of certain politicians at Washington 
to annex us to Colorado. . . . The proposed annexation scheme was 
indignantly hooted and spurned; and a resolution "solemnly protesting" 
against having any Colorado "in ours" was unanimously adopted. 
Petitions were at once put in circulation expressive of the will of this 
people, and Gen'l Casement left for Washington this morning, in order 
to represent our citizens in the matter. May he succeed. 

[.ess than two years later, despite bitter opposition from Utah 
and Dakota territorial delegates to Congress, Wyoming became a 
territory by an act approved by that body July 25, 1868.''^ The 
first legislative assembly, convened in Cheyenne October 12, 1869, 
by Governor John A. Campbell, took the unprecedented step of 
conferring full political rights upon women residents of Wyoming. 



59. May 13, 1887. 

60. Nortljwestern Livestock Juiinuil, Dec. 2, 1887. 

61. Coutant, p. 622, credits Editor Legh Freeman with "doing more to 
popularize the name Wyoming than any other man." The historian states: 
"He had numerous articles in his 'Pioneer Index' advocating the name and 
there is no doubt that such editorial work had its effect on the people in this 
country and those who afterwards inserted the name in the bill creating 
Wyoming Territory. This editor says: The word Wyoming was taken 
from Wyoming Valley, Pennsylvania, rendered famous from Campbell's 
beautiful poem, "Gertrude of Wyoming" ' " 



90 ANNALS OF WYOMING 

In March, 1870, the district court at Laramie, for the first time 
in the nation's history, impaneled women for service on a grand 
jury, a sensational event that sent newspapermen from all over the 
country to the small Wyoming town. J. H. Hayford left a picture 
of much that happened on that historic occasion in his retrospective 
review written thirteen years later :"- 

It would be impossible to describe . . . the excitement which this 
event created, and the fact was telegraphed, not only throughout the 
country, but over the whole civilized world. The following are the 
names of the lady jurors selected for that term of court: 

GRAND JURY 

Sarah W. Pease Eliza Stewart 

Agnes Baker Mrs. G. F. Hilton 

PETIT JURORS 
Nettie Hazen Retta J. Burnham 

Jennie Lancaster Mary Wilcox 

Lizzie A. Spooner Mrs. J. H. Hayford 

Mrs. Rowena Hutton 
. . . Some three or four weeks were to intervene after the selection 
of the jury before the term of [duty] commenced, and the SENTINEL 
and its editor used all their influence to induce the ladies named to 
serve, and to educate public sentiment up to the point of regarding the 
innovation with favor, and endeavoring to give the experiment a fair 
trial. In this we were materially aided by a letter from Chief Justice 
Howe, who was to preside at the term of court, and who, in this 
letter pledged to the ladies all the support, aid and encouragement 
which the court could give them in the discharge of these new and 
novel duties of citizenship. A reluctant consent was at last obtained 
from the ladies to discharge their duties as jurors. In view of this 
interesting event. Sheriff Boswell had made special exertions to fit 
up the rough, primitive court house and jury room with neatness and 
taste, in honor of our lady jurors. 

. . . the court was a lengthy term, and very many important cases, 
both civil and criminal were tried, in all of which . . . women served 
as jurors. At the close of the term the universal verdict was that 
even-handed and exact justice had been done in every instance; law 
and order established: crime punished: persons and property pro- 
tected, and rights enforced effectually, honestly and impartially. 

Some idea of the interest which this event awakened abroad may 
be gathered from the fact that ... all the material facts together with 
the judge's charge were telegraphed throughout the country by the 
associated press, and also by cable to all the civilized countries abroad, 
and within twenty-four hours afterwards King William of Prussia sent 
a congratulatory dispatch to President Grant, upon this evidence of 
progress, enlightenment and civil liberty in America. •'■'^ 

.As year followed year, territorial newspapers, now becoming 
more numerous, recorded such important events as the creation in 
1872 of Yellowstone as the nation's first park, the launching in 



62. Previously mentioned as being used in this study because no copies 
have been found of the earliest issues of the Dciilv Sentinel. 

63. Laramie Weekly Sentinel, May 5, 1883. 



WYOMING'S FRONTIER NEWSPAPERS 91 

1 876 of the Cheyenne and Black Hills stage line, and the formation 
of the Powder River Cattle company, a million-and-a-half-dollar, 
British-American, stock-raising venture. Newspaper files show 
that the territorial legislature of March, 1886, provided for the 
erection of a capitol building at Cheyenne and for the establish- 
ment of a territorial university at Laramie. 

When the university opened its doors September 1 of the follow- 
ing year, the Laramie Weekly Sentinel described the affair as 
attended by the "Teachers institute, the public generally and sev- 
eral distinguished gentlemen from abroad." Dr. J. H. Finfrock, 
president of the Board of Trustees, presided; former Governor 
J. W. Hoyt, the university's first president, gave the inaugural 
address; and the Laramie brass band provided music. Another 
speaker. Dr. Moore, president of Denver University, "closed with 
an eloquent peroration in which he transferred to the care of Presi- 
dent Hoyt several Laramie youths who have heretofore been at- 
tending his institution in Denver."'^^ 

A few days later it was still apparent that the jealous rivalry 
between Cheyenne and Laramie was far from being dead. The 
Cheyenne Sun made some slighting remarks about the new univer- 
sity. In the Sentinel Hayford replied with great dignity and an 
awareness that the new school after all was not a local but a 
territorial institution : 

We regret to see in our esteemed contemporary ... an article . . . 
which asserts that the "Wyoming University is destined for a con- 
siderable time to come ... to be ... a high school or college . . . 
for the Laramie city scholars, and will not in any very important way 
be of much benefit to the rest of the territory." 

If we should retort that the Capitol at Cheyenne, which has cost 
the territory already three times as much as the University and isn't 
yet half completed, is merely a local institution, that it was located in 
the extreme corner of the territory and that Cheyenne people, from 
the man who sold the lot for the building to the one who should put 
on the last touch of varnish, were all making a fat job of it at the 
expense of the territory, our neighbors over the hill would not like it. 

In the location of the Capitol and the University Cheyenne had her 
choice and ought not to be the first to try to create local prejudice. 
We only got $50,000 for the University and our citizens, by their 
public spirit, actually put as much more up with it — in land and 
labor — to build up a Territorial University. We have studiously . . . 
avoided everything which would tend to make it a local institution . . . 

. . . the people of Cheyenne are sending a dozen pupils away to 
schools in Colorado and elsewhere, to poorer institutions of learning 
and at more cost than the University of Wyoming. How much of this 
is due to their jealousy we don't know. 

The Sentinel has in the past done considerable to commend the 
University to the public . . . We want it (the university) to be re- 



64. Laramie Weekly Sentinel, Sept. 3, 1887. 



92 ANNALS OF WYOMING 

garded as a Territorial institution and want the whole territory to 
enjoy its benefits and feel an interest in it.""' 

In one great, common, territorial cause, however, petty jealous- 
ies and picayune rivalries were forgotten: newspapers of the 
eighteen-eighties united in urging and even demanding statehood 
for Wyoming. They carefully reported the convening at Cheyenne 
September 2, 1889, of the constitutional convention and the work 
of its delegates.*'" They gave full coverage to the election of 
November 5, 1889, when the people of Wyoming, ratifying their 
constitution by only a light vote, expressed the common wish for 
statehood."' After some bitter disputes in Congress, a bill admit- 
ting Wyoming to the union was passed July 10, 1890. Wyoming 
newspapers, as might be expected, wrote jubilantly of the great 
event, but perhaps the most jubilant of all the rejoicers was Hay- 
ford of the Laramie Weekly Sentinel: 

WYOMING ADMITTED 

To one who, like the writer, (and there are a great many such here) 
for ?0 years and more has been politically disfranchised, who, during 
the most trying and perilous period of the country . . . has not been 
permitted any voice or vote upon the questions which have shaped 
the nation's destiny, the news that our political disabilities have been 
removed, that we . . . are once more American citizens, comes "like the 
rush of mighty waters'" . . . 

The admission of Wyoming to statehood marks an epoch in the 
history of our nation. No state has ever come into the Union with 
such a constitution . . . 

Fqual rights are guaranteed to all. 

No condition is attached to the right of citizenship but the possession 
of the necessary intelligence to exercise it properly. 

No distinction on account of race or sex. We invite our wives, 
mothers, sisters and daughters, who are most of all interested in good 
government, to help make the laws they are required to obey and the 
government under which they are to live. 

Our constitution has called forth words of praise and exclamations 
of surprise from such men as . . . the grand old statesman — Gladstone. 

A wonderful future opens before Wyoming. 

It is larger than England, Ireland, Scotland and Wales combined. 

Its air is purer and its sky brighter than Italy. 

It has more coal, iron and oil than Pennsylvania. 

It contains all the precious and valuable minerals known on the 
globe. 

it has less illiteracy than any other state or territory in the 
Union. . . . 

The "New Star" which blazes forth from our National flag today 



65. Laramie Weekly Sentinel. Sept. 17, 1887. 

66. Two previously mentioned newspaper men. W. E. Chaplin and M. C. 
Barrow, were the respective delegates from Albany and Converse counties. 

67. Newspapers published in the days following the election show that 
the weather was generally bad on Nov. 5, so few people bothered to go to 
the polls. 



WYOMING'S FRONTIER NEWSPAPERS 93 

is the brightest which has shed its beams upon the nations of the earth 
since the rising of the "Star of Bethlehem." 

SEIAH!'!'' 

SUMMARY AND CONCLUSION 

The most vivid and possibly the most accurate record of the 
transformation of what is now Wyoming from a continental trail 
to homesteads and towns exists in the files of territorial Wyoming 
newspapers. How lonely men must have longed for any news, 
however meager, is suggested by the initial effort at journalism 
within Wyoming borders — a news sheet put out in 1863 by a 
telegraph operator at remote Fort Bridger on the progress of Civil 
War campaigns. It was altogether appropriate that the first Wyo- 
ming newspaper should have appeared at Jim Bridger's fort and 
supply station: thus the name of Bridger serves as a link between 
the earlier period of news exchange at rendezvous and trail fort 
and the new era inaugurated by the introduction in 1861 of tele- 
graphic news transmission. The initiative of Hiram Brundage. 
the telegraph operator, illustrates the importance of the telegraph 
as a medium for maintaining a tenuous line of communication 
between the national scene and lonely, news-hungry people on 
distant frontiers. 

With the coming of the Union Pacific Railroad, towns and news- 
papers sprang up in great profusion, sometimes with the newspaper 
preceding the founding of the town itself. Union Pacific towns — 
Cheyenne, Laramie, Rawlins, Green River, Evanston — were espe- e 

cially productive incubators for news sheets. Perhaps the most * 

colorful of all the papers accompanying the building of the railroad f 

was the migratory Frontier Index, which moved west across Wyo- ^' 

ming as the Union Pacific's vanguard. t 

Of the possible score of papers which appeared in Cheyenne '^ 

before 1 890, only six lived to see statehood attained, and only one 
survives today. In Laramie at least nine, if not more, dailies and 
weeklies with frequent changes of names and editors appeared r 

before 1890; today only one survives. What is now Uinta County '^ 

in western Wyoming fostered at least six territorial papers, and the j 

Carbon County area had five or six publications before statehood. ' j 

The brief gold-mining fever in the South Pass region was respon- | 

sible for the appearance there of two short-lived newspapers. And 
it was fitting that in what was to be the "Equality State" the Hunt- 
ington sisters should pioneer as women editors on the eve of 
statehood. 

In central, northern, and eastern Wyoming newspapers came in 
the eighteen-eighties with the growth of "cow towns" and railroad 



68. Laramie Weekly Sentinel, July 12, 1890. 



94 ANNALS OF WYOMING 

towns in communities like Sheridan, Sundance, Casper, Douglas, 
Glenrock, Lusk, and Newcastle. Thus by 1890 at least seventy- 
three daily and weekly newspapers had been established, some to 
live briefly and die of financial starvation, others to survive sturdily 
the many hazards in the way. 

Newspaper editors, often producing their papers single-handed- 
ly, were a colorful and versatile lot. Courageous, optimistic, of 
considerable cultural and educational stature, many editors con- 
tributed notably to the development of their respective communi- 
ties as voices urging community pride and stability and as civic 
and political leaders. A roll of the public offices held by territorial 
editors covers almost every possible post from that of town coun- 
cillor or justice of the peace to that of United States Commissioner 
and federal judge. Their extra-journalism occupations and pro- 
fessions extended from mining and storekeeping to teaching and 
practicing law. 

At least three editors were nationally known: Barrow of Doug- 
las, Mercer of Cheyenne, and Nye of Laramie. Others like Nathan 
Baker, J. H. Hayford, Judge Bramel, and E. A. Slack performed 
such substantial services as citizens of their respective communities 
that their influence on Wyoming history was perhaps more signifi- 
cant and permanent than that of the three who were more widely 
known outside the region. If, as it appears, they believed the news- 
paper to be the voice of progress, they also thought of progress 
as synonymous with hyperbolic prophecies. Often, as Barrow 
wrote in his Budget, "to sorter toy with the truth in prophetic spirit 
for the good of the country or community in which he lives is with 
him [the editor] a labor of love." 

Actually two kinds of editors can be distinguished: those like 
Nye and Barrow, who maintained a philosophic, humorous view 
of themselves, their rivals, and life itself, and those like Hayford 
and Baker, who took themselves and their community roles very 
seriously. Most of these early editors expended sufficient mental 
and physical effort on their newspapers to have made them success- 
ful in almost any other business or profession, yet few of them 
amassed any considerable competence from journalism. Doubt- 
less, then, these men chose to edit newspapers because, as W. E. 
Chaplin wrote of Judge Bramel, they were "so constituted" as to 
be unable to resist the smell of printer's ink. 

In the beginning years editors put out their papers in hand-to- 
mouth fashion. Solvency was usually a major problem. Machin- 
ery was primitive, and handpresses did the work until steam and 
gasoline presses could be bought. Make-up was crude, if judged 
by today's standards, and led to a drab appearance of virtually all 
early-day newspapers. Fortunately for the historian, however, 
make-up did not blot the lively wit and human interest to be found 
in so many territorial newspapers. 

These newspapers tell the story of the building of railroads, of 



WYOMING'S FRONTIER NEWSPAPERS 



95 



Wyoming's brief and abortive mining boom, of the growth of 
mushrooming tent and shack towns into permanent communities, 
and of the spirited civic campaigns for schools, churches, law and 
order, and some semblance of social and cultural amenities. They 
record the economic ups and downs of the territory and ths fierce 
rivalries between growing towns for territorial institutions and for 
business and political leaderships. They also record an increasing 
sense of unity in this sprawling and sparsely settled area, a con- 
certed effort to achieve statehood, and, as Editor Hayford wrote, 
a supreme joy at being re-enfranchised as citizens of the United 
States. 



A CHECKLIST OF TERRITORIAL WYOMING 
NEWSPAPERS 



Key to Symbols for Depositories 



ACL 
BL 


Albany County Library 
Bancroft Library 


Laramie, Wyoming 
University of Cali- 
fornia, Berkeley, 
California 


CCM 

CPL 

DPL 


Carbon County Museum 
Casper Public Library 
Denver Public Library 


Rawlins, Wyoming 
Casper, Wyoming 
Denver, Colorado 


LC 
LNO 
SPL 
UNCL 


Library of Congress 
Local Newspaper Office 
Sheridan Public Library 
University of North Carolina 
Library 


Washington, D. C. 

Sheridan, Wyoming 
Chapel Hill, 
North Carolina 


UWA 
WSA 


University of Wyoming 

Archives 
Wyoming State Archives and 

Historical Dept. 


Laramie, Wyoming 
Cheyenne, Wyoming 


Place of 
Publication 


Name of Depos- 
Newspaper Dates of Extant Copies itory 


Buffalo 


fi/> Horn Sentinel 1 887- 1 890 


LNO 




Buffalo Echo 1884. 1885. 
Jan. 7. 1887 


1890 UWA 
WSA 


Casper 


Casper Weekly 
Mail Jan. 25-Nov. 


15. 1889 CCM 


Cheyenne 


Argns Sept. 8. 1868 UNCL 
Nov. 12, 1869 WSA 



96 



ANNALS OF WYOMING 



Place of 
Publication 



Name of 
Newspaper 

Cheyenne 
Leader(d) 



Dates of Extant Copies 



Depos- 
itory 



Sept. 19, 1867-July 10, 1890 WSA 
April 21 -Dec. 29, 1869; Feb. 

11. 1870-June 27, 1871 

(some copies missing) LC 



Cheyenne Review Jan., 



WSA 



Cheyenne 
Weekly Leader 



Cheyenne 
Weekly Sun 

Daily Advertiser 

Daih News 



Daily Rocky 
Mountain Star 

Daily Sun 



Daily Tribune 

Democratic 
Leader 



Hornet 

Northwestern 
Livestock 
Journal 



Sept. 25, 1875-Jan. 17, 1884 
(some copies missing); June 
16, 1887-Aug. 28. 1890 LC 



March 20, 1890 
Feb. 20, 1878 



WSA 
WSA 



Weekly Rocky 
Mountain Star 

Wyoming Daily 
Morning News 



Aug. 31, 1874; Jan. 11-July 9, 
1875 WSA 



May 2, 16, 18, 1869 • LC 

Mar.-Sept., 1876; Jan., 1877- 
Jan., 1883; Jan., 1884-Feb., 
1890; Mar. 28, June 28, 
July 9, 1890 WSA 

Jan. 3, Nov. 2, 3, 6, 1884 BL 

Sept. 14, 1887 WSA 

Jan. 19. 1884-June 12, 1887 WSA 

Jan. 31, 1884-June 9, 1887 LC 

(some copies missing) 

Nov. 4, 5, 6, Dec. 4, 1884 BL 

March 10-April 11, 1878 WSA 

Feb. 1, March 21, Apr. 14, 18, 
25, May 2, 16, June 6, July 
4. Aug. 15, 22, Sept. 12, Oct. 
10, 17, 24, 31, Nov. 7, 14, 
1884; Feb. 27, 1885; Mar. 5, 
12, 19, May 28, June (all), 
July 2, 16, Sept. 17, 24, Oct. 
(all), 1886 BL 

June 27, 1884; Apr. 10, 1885; 

Nov. 18, 1887 WSA 

Dec. 18, 1885-Nov. 19, 1886 CCM 

Dec. 1886-Dec. 1887 UWA 



Jan. 13, 27, May 26, June 2, 9 LC 
April 30, 1871 WSA 



WYOMING'S FRONTIER NEWSPAPERS 



97 



Place of 
Publication 


Name of 
Newspaper 


Dates of Extant Copies 


Depos 
itory 




Wyoming 
Tribune 


Nov. 20. 1869-Apr. 15. 1871 
Jan. 7. 1871-Nov. 2, 1872 
(two copies missing) 


WSA 
LC 




Wyoming Weekly 
Leader 


Jan. 2. -Dec. 25. 1869; Dec. 
22, 1881; July 5. 1882- 
Dec. 27, 1883 


WSA 


Douglas 


Bill Barlow's 
Budget 


June. 1886-July, 1890 
July 9, 1890 


UWA 
WSA 



Evanston 



Age 



Dec. 



1876 



WSA 





Uinta County 










A rgiis 


May 9-Sept. 5. 1878 




BL 




Uinta Conntv 


1879. 1881. 1882. 1884, 


1887 


LNO 




Herald 


(some copies missing) 






Fort Fetterman 


Rowdy West 


June 23. Aug. 8. 1886 




WSA 


Glenrock 


Graphic 


Sept. 30. 1887 
Sept. 13. 1889 




WSA 
BL 


Green River 


Sweetwater 










Gazette 


Feb. 10. 1887 




WSA 


Lander 


Fremont Clipper 


Oct. 29, 1887 




WSA 




Wind River 


June 4, 1884; Jan. 8, 1885; 






Mountaineer 


Aug. 19, 1886 
Jan. 21, 1886 




WSA 
DPL 


Laramie 


Daily Boomerang 


Jan., 1884-July, 1890 
Apr. 24, 1884 




UWA 

WSA 






Oct. 21. Nov. 2, 1885; Nov. 








12, 1886 




BL 




Daily Chronicle 


Nov. 3. 1876 




UWA 



Daily 
Independent 



Dec. 26. 1871 -May 5. 1875 WSA 



Daily May 2. 1870-Dec. 31. 1878 

Sentinel (some copies missing) ACL 

May, 1876-Dec., 1878 UWA 

Mar. 14, 1871 -Dec. 30. 1874 LC 
(some copies missing) 



Daily Sun 



Jan. 2-Aug., 1875; Nov. 1, 
1875-Feb. 22, 1876 



WSA 



Daily Times 



Jan. 1, 1879 



UWA 



9S 



ANNALS OF WYOMING 



Place of 
Publication 



Name of 
Newspaper 

Weekly 
Boomerang 



Weeklv Sentinel 



Dates of Extant Copies 



Jan., 1886-JuIy, 1890 
Sept. 24, Oct. (all), Nov. 5, 
12, 19, Dec. (all), 1885; 
Jan.-Feb., Mar. 18, April 1, 
8. 15, 29, May 6, 13, July 8, 
Sept. 16, Oct. 7, Nov. 11, 
18, Dec. 9, 16, 30, 1886; Jan. 
6, 27, Feb. 3, Mar. 3, 24, 
April 14, 28, May 12, Aug. 
18, Sept. 7. 29, Oct. (all), 
1887; Jan. 12, Feb. 9, Sept. 
6, Nov. 1, 8, 22, 1888 

May, 1875-July, 1890 
Aug.-Oct., 1877; May 2, 1885- 
Apr. 24, 1886: May 3-July, 



Depos- 
itory 



UWA 



BL 
UWA 







1890 


WSA 






1878-1890 


ACL 


Lusk 


Herald 


May 20, 1886-May 18, 1888 


LNO 


Rawlins 


Carbon County 
Journal 


Nov., 1879-July, 1890 

1884 

May 17, 1889 


CCM 
UWA 
WSA 




Carbon County 
News 


Jan. 12. 19, Feb. 2. 16, 23. 
Mar. 2, 9, 16, 23, Apr. 6, 
13, 20, 27, 1878 


WSA 


Sheridan 


Sheridan 
Enterprise 


1887 (a few copies); 1888- 
July, 1890 


LNO 




Sheridan Post 


1889-July, 1890 (some copies 
missing) 


SPL 


South Pass City 


South Pass News 


Oct. 27. 1869 

Apr. 9. Aug. 31, Dec. 28, 1870 

1871 


DPL 
WSA 
UWA 




Sweetwater 
Mines 


Mar. 21. Apr. 15, May 27- 
July 11. 25-Aug. 8, Nov. 25, 
Dec. 2-5, Dec. 23. 1868; Jan. 
9. Jan. 23, Apr. 7, June 19, 
1869 

July 14, 1869 


BL 
DPL 


Sundance 


Board of Trade 
Journal 


July. 1888 


WSA 




Gazette 


Oct. 25, 1884 


WSA 




Wyoming Farmer 


July 4, 1888 


WSA 


Varied Imprints: 
( Fort Sanders, 
Laramie City, 
Green River 
City. Bear 
River City) 


Frontier Index 


July 26, 1867; Mar. 6, 24, 
Apr. 21, 28. May 5, 19, July 
7, Aug. 11, 18, Oct. 13, 30- 
Nov. 17, 1868 


BL 



WYOMING'S FRONTIER NEWSPAPERS 99 

BIBLIOGRAPHY 

BOOKS AND ARTICLES 

Alter. J. Cecil. Early Utah Joiinudisni (Salt Lake City, Utah: Utah State 
Historical Society. 1938). 

Bancroft, Hubert Howe. Bancroft's Works. XXV. History of Nevada. 
Colorado, and Wvonnn^. 1540- 1 8S8 (San Francisco: History Co., 
1890). 

Bartlett, L S., Historx of Wxoming. 3 vols. (Chicago: S. J. Clark Publishing 

Co., 1918). 
Beard, Frances Birkhead. Wyomhii; from Territorial Days to the Present 

(Chicaco and New York: The American Historical Society, Inc., 1933) 

Vol. 1." 
Bdl Nye. His Own Life Storx. Continuity hv Frank Wilson Nve (New York: 

Century Co.. 1926). 
Bond, Mrs. Wallace C "Sarah Frances Slack," Annals of Wxonum;. IV 

(January, 1927). pp. 354-356. 
Chaplin, W. E., "Some of the Early Newspapers of Wyoming," Wyoming 

Historical Society Miscellanies (Laramie: Laramie Republican Co., 

1919). 
Check List of Wyoming Imprints. 1866-1890, American Imprints Inventory. 

No. 18 ( Publication of the Illinois Historical Records Survey, Chicago, 

1941). 
Coutant, Charles Giffin, "From Coutant Notes," Annals of Wyonunu'. V 

(July, 1927), pp. 36-38. 
, The History of Wyoming from the Earliest Known Discoveries, I 

(Laramie, Wyoming: Chaplin, Spafford and Mathison, Printers, 1899). 
Directory of Laranne City, Wyo.. 1883-4 (Laramie: Boomerang Book and 

Job Printing. 1883). ' ' 
Gibson, O. N., "Bill Nye," Annals of Wyomim;. Ill (July, 1925), pp. 94- 

104. I 

Henderson, Deiphine, "Asa Shinn Mercer, Northwest Publicity Agent," Reed s 

College Bulletin, XXIII (Jan., 1945), pp. 21-30. 
Lindsay, Charles, The Bi^ Horn Basin (Lincoln. Nebraska: The University 1 

of Nebraska. 1930). 
Linford, Velma. Wyoming, Frontier State (Denver. Colorado: The Old 

West Publishing Co., 1947). 
Loucks, J. D., "[Sheridan] County After It Was Organized," Annals of ( 

Wyotning. II (Nov. 1, 1924), pp. 35-38. 
McMurtrie, Douglas G., Early Printing in Wyonung and the Black Hills .j 

(Hattiesburg, Mississippi: Printed for the Book Farm by the South- -\ 

Anthoensen Press, Portland. Maine, 1943). j 

-, History of the Frontier-Inde.x. (the "Press on Wheels"), the Ogden c't[. 



Freeman, the Inter-Mountains Freeman and the Union Freeman (Evan- 
ston, Illinois, 1943). 

— , "Pioneer Printing in Wyoming." Annals of Wyomini>. IX (January. 
1933), pp. 729-741. 

"The Sweetwater Mines, a Pioneer Wyoming Newspaper," Journal- 



ism Quarterly. XII (June, 1935), pp. 164-165. 
Mercer, A. S., The Banditti of the Plains, or The Cattlemen's Invasion of 
Wyoming in 1892 (Norman: University of Oklahoma Press. 1954). 

Mokler, Alfred James. History of Natrona County, Wyoming, 1888-1922 
(Chicago: The Lakeside Press, 1924). 



100 ANNALS OF WYOMING 

Nickerson, H. G., "Early History of Fremont County," Annals of Wyoming, 

II (July 15, 1924), pp. 1-13. 
Porter, Robert P., The IVest from the Census of 1880 (Chicago: Rand, 

N[cNa!ly & Co.. 1882). 
Progressive Men of the State of Wyotning (Chicago: A, W. Bowen, 1903). 
Session Laws of Wyoming Territory, January, 1890 (Cheyenne, Wyoming: 

H. A. Slack, Printer and Binder, Daily Sun Office). 
Shaffer, William 'I., "Evanston," Collection of the Wyoming Historical 

Society. I (Cheyenne, 1897), pp. 298-299. 
Spring, Agnes Wright, William Chapin Deming of Wyoming (Glendale, 

California: The Arthur H. Clark Co., 1944). 
Stone. Elizabeth Arnold, Uinta County. Its Place in History (No imprint or 

date). 
TricL's. J. H., History ami Directory of Laramie City (Laramie City: Daily 

""Sentinel, 1875).' 
. History of Cheyenne ami Northern Wyoming (Omaha: Herald 

Steam Book and Job Printing House, 1876). 
Turnbull, Georee S., History of Oregon Newspapers (Portland, Oregon: 

Binfords &"iVIort, 1939)'. 
Waener, Bert, "Reminiscences of the Early Days of Douglas," Annals of 

" Wyoming. II (April 15, 1925), pp. 64-66. 
Wyoming, a Guide to Its History, Highways, ami People (New York: Ox- 
ford University Press, 1952). 

NEWSPAPERS 

BUI Barlow's Budget [Douglas. Wyoming]. March 23, 1887, March 21, 

1888. Oct. 19. 1903. 
Board of Trade .Journal [Sundance, Wyoming], July, 1888. 
Buffcdo Bulletin [Buffalo, Wyoming], Aug. 10, 1917. 
Buffalo Echo [Buffalo. Wyoming], Jan. 7, 1887. 

C/wycnne Democratic Leader [Chevenne, Wyoming], Jan. 19, 1884 — June 
■ 12, 1887. 

Cheyenne Leader [Cheyenne, Wyoming], Sept. 19, 1867 — June 14, 1887. 

Cheyenne Review [Cheyenne. Wyoming], Jan., 1889. 

Daily Advertiser [Cheyenne, Wyoming], Feb. 20, 1878. 

Daily Hornet [Cheyenne, Wyoming], March 10 — April 11, 1878. 

Daily News [Cheyenne, Wyoming], Aug. 31, 1874. 

Evanston Age [Evanston. Wyoming], Dec. 2, 1876. 

Fremont Clipper [Lander, Wyoming], Oct. 29, 1887. 

Frontier Index [Imprmt varies], July 26, 1867; March 6, 24, April 21, 28. 

May 5, 19, July 7, Aug. 11, 18, Oct. 13, 30-Nov. 17, 1868. 
Glenrock Graphic [Glenrock. Wyoming], Sept. 30, 1887. 
Ltn-amic Boomerang [Laramie, Wyoming], March 19, 1884; June 10. 1885; 

July 79-30, 1902. 

Laran:ie Daily Chronicle [Laramie, Wyoming], Nov. 3, 1876. 

Laramie Daily Sentinel [Laramie, Wyoming], May 2, 1870 — Dec. 31. 1878. 

Laraniie Daily Times [Laramie, Wyoming], Jan. 1, 1879. 

Lanuuie Weekly Sentinel [Laramie, Wyoming], April 2, 1878 — July 12, 

1890. 
Northwestern Livestock .lourmil [Cheyenne. Wyoming], Dec. 3, 1886; May 

13, May 27, Dec. 2, 1887. 



WYOMING'S FRONTIER NEWSPAPERS 101 

Rawlins Daily Times [Rawlins, Wyoming], April 4, 1952. 

Rowdy West [Fort Feitermanl, June 23, Aug. 8, 1886. 

South Pass News [South Pass City. Wyoming]. April 9, Aug. 31, Dec. 28, 

1870. 
Sundance Gazette [Sundance, Wyoming], Oct. 25. 1884. 
Sweetwater Gazette [Green River, Wyoming], Feb. 10. 1887. 
Sweetwater Mines [South Pass City, Wyoming], March 12, April 15, May 

27-Jnly 11, 25-Aug. 8, Nov. 25, Dec. 2-5. Dec. 23, 1868; Jan. 9, Jan. 

23, April 7. June 19, 1869. 

Wyoming Daily Morning News [Cheyenne, Wyoming], April 30. 1871. 

Wyoming Farmer [Sundance. Wyoming], July 4, 1888. 

Wvoming State Trihnne-Clievenne State Leader [Cheyenne, Wyoming], July 

20. 1929; July 27. 1933! 
M'yoming Tribune [Cheyenne. Wyoming], June II, 1870. 

OTHER REFERENCES 

Raker, N. A., Letter to Grace Raymond Hebard, dated April 2, 1927, Uni- 
versity of Wyoming Archives. 

Friend, John C, Unpublished MSS., State Historical Society Archives, Chey- 
enne, Wyoming. 

Prine. Margaret. Merris C. Barrow, Sagebrush Philosopher and Journalist 
(Laramie: University of Wyoming. 1948). Master's Thesis. 

Unsigned MSS. on N. A. Baker, University of Wyoming Archives. 



Wyoming State Mis tor tea I Society 

PRESIDENT'S MESSAGE 

By 

Charles Ritter 

It was my honest thought when elected President of the Wyo- 
ming State Historical Society to visit every county chapter. So far 
I've visited Laramie, Goshen, Natrona and Carbon County Chap- 
ters. In March I expect to visit, the weather permitting, the Uinta 
County Chapter. It is a pleasure to make these visits, to learn 
each chapter's problems and the manner in which they are handled. 

But the one thing I find lacking in the various chapters is the 
absence of young people. Without them our organization is 
doomed to die. I believe that they should be encouraged to attend 
and take part in each chapter's activities. We cannot expect the 
youth to fight for our democratic ideals without knowing some of 
the background of the founding of these United States and espe- 
cially Wyoming. I find too many recent graduates of our high 
schools know all too little of Wyoming, past or present. However, 
our ability to grow does not of necessity belong alone to the 
younger generation; but depends on wholehearted and total coop- 
eration of both the various county chapters and the state organiza- 
tion whose officers must supply the leadership. 

I wonder how many people realize that in most cases Wyoming's 
start at settling was by people nearly destitute of clothing. Those 
coming by covered wagon had worn out their leather footwear, 
both the men and women, and their clothing was beginning to be 
tattered and torn. If they drove a herd of cattle up the trail, their 
clothes also were nearly gone. Food had turned into a sameness 
that was nearly revolting. Water was different at each watering 
hole and at times caused much sickness. Settlement meant work 
for the spinning wheel and the mail order catalogue. People were 
happy though and as long as the neighbor was likewise dressed, the 
lack of refinement was overlooked. 

All too often the TV, most stories and the movies give the wrong 
impression of the life as it was. There was fun and people travelled 
great distances going and coming for a dance or play in the school 
house, when there was a school. And the weather wasn't always 
a deterrent. People still go many miles for a dance or a school 
play, but now they use warm cars over paved roads instead of 
horses over a prairie devoid of good roads. The Indian was a 
bother, but eventually they too were conquered. 



i 

WYOMING STATE HISTORICAL SOCIETY 103 

Now it is getting along in that time of the year when most chap- 
ters have their new officers for 1963 installed and the new officers 
are beginning to think of the spring and summer activities. Some 
will have picnics, and some will arrange a day's trip to an interest- 
ing point in the community. It would be great if each chapter 
would have a representative group travel down the old Bozeman 
trail which the State Society sanctions. Each chapter will be 
notified of the time and the starting point — probably Douglas or 
Fort Fetterman. These trips are two days long and if the weather 
is favorable, it will be warm. Everybody has a good time and a 
chance to learn a little of the history of the country travelled. 

Then in September is the State Convention — this year in Sheri- 
dan. As your president, I urge that each chapter send a repre- 
sentative to the convention, but what would be better, a good 
delegation should be present from the various county organizations. 
There is always a large representative group from the local chap- 
ter, but over the past few years some of the chapters have been 
absent. Try and be there this year. 

Hope to see you all in Sheridan in September. 



NINTH ANNUAL MEETING 
Laramie, Wyoming September 8-9, 1962 

From 9 to ! 1 o'clock coffee and rolls were served informally as 
the state society members assembled and registered in the Amer- 
ican Studies Lounge on the University of Wyoming campus. 

NINTH ANNUAL BUSINESS MEETING 

The Ninth Annual Business Meeting of the Wyoming State 
Historical Society was called to order at 1 1 :30 a.m., on Saturday, 
September 8, 1962, in the American Studies auditorium of the 
University by the president, Mrs. Edness Kimball Wilkins. Sixty- 
eight members were present. 

Mrs. Wilkins asked the secretary to send a note to Vernon Hurd 
expressing regret that he had found it necessary to resign from his 
office of first vice president. She stated that his resignation is a 
decided loss to the Society. 

It was moved and seconded to accept the minutes of the Eighth 
Annual Meeting as printed. The motion was carried. 

The president asked for the reading of the Treasurer's report 
which was given as follows: 



104 ANNALS OF WYOMING 

TREASURERS REPORT 
September 16. 1961 -September 8, 1962 



Cash and investments on hand September 16, 1961 


$10,497.15 


Receipts 




Dues $3,156.00 




Himton Diaries 180.47 




Bishop Memorial 144.77 




Gift • 10.00 




Interest \ 424.75 


3,915.99 




$14,413.14 


Disbursements 




Annals $1,704.00 




8th Annual Meeting 192.51 





Award certificates, envelopes. 

committees, phone, postage 89.75 1,986.26 



$12,426.68 



ASSETS 
September 8. 1962 

Stock Growers National Bank, Cheyenne $ 478.22 

Federal Building and Loan Association, Cheyenne 8,872.91 

Life Memberships, F. B. and L., Cheyenne 2,806.48 

Bishop Memorial Fund, Cheyenne National Savings 269.27 



$12,426.88 



Hunton Diaries 

Cost, 100 Vol. 1, 100 Vol. 2, 62 Vol. 3 $685.00 

Receipts from sales 637.47 



$ 47.33 



MEMBERSHIP 

September 8, 1962 

34 Life members 

18 Joint life members 
582 Annual members 
385 Joint Annual members 

1,018 

Top five counties for membership in State Society 

120-Laramie County 
98-Goshen County 
96-Carbon County 
71 -Sheridan County 
63-Fremont County 

Dr. Larson, of Laramie, moved that the Society buy 30 Volume 
3 Hunton Diaries. The motion was seconded and carried. 

The president appointed George Mitchell, of Wheatland, and 
George Robb, of Casper, to audit the treasurer's books. 

The secretary gave a short report of the last Overland Trail 
Trek which was held under the auspices of the Wyoming State 



WYOMING STATE HISTORICAL SOCIETY 105 

Archives and Historical Department and sponsored by the Wyo- 
ming State Historical Society, the Sweetwater County Chapter 
and the Uinta County Chapter. She announced that the Bozeman 
Trail will be followed next year and asked for assistance from the 
counties through which it passed. 

CHAPTER REPORTS 

Reports were given by the presidents of eight county chapters. 
It is hoped that all 16 county chapters will be represented next 
year. State meetings are inspiring, and members can receive ideas 
for programs, projects and money making plans while enjoying 
good fellowship. 

Merely a few brief highlights reported by the eight counties will 
be given here. However, the secretary has the complete reports 
on file. 

Albany County Historical Society officially dedicated the Fort 
Sanders Recreation Center and turned it over to the City of Lara- 
mie at an open house in January, 1962. When the building was 
about to be destroyed, the Society in a short time raised over 
$12,000 and had the building moved to LaBonte Park — a splendid 
community endeavor. 

Fremont County Historical Society holds its meetings in different 
towns and ranches in the county. The Chapter is working with the 
Shoshone and Arapahoe Tribal Councils and the Shoshone Indian 
Reservation superintendent to establish a modern museum at Fort 
Washakie, hoping to preserve the priceless artifacts of the ancient 
Sheep Eaters. 

Goshen County Historical Society displayed its attractive new 
letter heads. Histories of small communities in the county are 
being written. A very successful booth at the county fair was 
sponsored by the chapter 

Laramie County Historical Society has just published an excel- 
lent book, "Early Cheyenne Homes". This chapter has been the 
first to place a new style cast aluminum marker furnished by the 
Wyoming State Archives and Historical Department. It is located 
near Granite on Highway 30. 

Natrona County Historical Society is working on its second 
marker — the site of Robert Stuart's cabin. A chapter newsletter 
is mimeographed and sent to each member to keep them up to 
date on the activities of the chapter. 

Platte County Historical Society is working on a bill to provide 
money to preserve Register Cliff. Members are working on bio- 
graphical records. Pat Flannery spoke at one of their meetings 



106 ANNALS OF WYOMING 

and showed the group one of John Hiinton's diaries in his hand- 
writing, dated 1891. 

Sheridan County Historical Society saw color slides which had 
been taken at the Eighth Annual Meeting as one program for the 
chapter. When the marker for General George Crook's camp of 
i 876 was dedicated, Simon Old Crow and Chester Medicine Crow, 
sons of Crook's Crow scouts, were honored guests. 

Weston County Historical Society is collecting many historic 
items, including the grand piano which belonged to Congressman 
Frank Mondell. They have been given the use of an old school 
house by the local school board. They entertained with a Valen- 
tine party for residents of the old folks home and they have had a 
pot luck supper. 

REPORTS OF COMMITTEES 

Glenn Sweem, Sheridan, chairman of the Archaeological Com- 
mittee, gave a fine report. He and his committee have investigated 
the following: 

a. Soldiers' graves (1866) near Crazy Woman Crossing 

b. A burned wagon train near the backwaters of Pathfinder 
Dam 

c. "The Chimney", early day landmark, on the north bank of 
Crazy Woman Creek 

d. A sword blade found near Dayton has been identified as part 
of a 1 7th century Spanish rapier 

e. A proposed Fossil Butte National Monument near Kemmerer 

f. The committee is working on an archaeological bill to be 
presented to the 1963 legislature 

g. The committee has worked hard to stop vandals who have 
taken many artifacts from historic sites and sold them. 

Henry Jones. Laramie, chairman of the Historic Sites and Mark- 
ers Committee reported the following: During the present bien- 
nium. historical marker signs have been completed as follows: 
10 counties have ordered and received two markers each. They 
are Albany, Big Horn, Campbell, Carbon, Fremont, Goshen, Na- 
trona. Sheridan, Uinta and Weston. Eleven counties have ordered 
and received one marker each. They are Converse, Hot Springs, 
Johnson. Laramie, Niobrara, Park, Platte, Sublette, Sweetwater, 
Teton and Washakie. Of these, six counties have been corre- 
sponding with the Department about their second sign. Only five 
have not indicated their plans. Two counties, Crook and Lincoln, 
do not have any signs. Lincoln County has been corresponding 
with the Department about plans for two markers. A total of 31 
markers have been completed to date. All marker orders have 
been completed and sent from the penitentiary to the counties as 



WYOMING STATE HISTORICAL SOCIETY 107 

of September 4, 1962. Mr. Jones stated that there is general 
misunderstanding about who does what in carrying out the marker 
program. To help clarify this, he emphasized the following points: 
Markers are paid for by the Department, not the State Historical 
Society or the county societies. The Department obtained the 
appropriation from the legislature which makes the program pos- 
sible. The Department handles all the required correspondence 
to each county group in planning for markers, ordering the work 
from the penitentiary, ordering supplies and establishing the coop- 
eration of the Wyoming State Highway Department, and in some 
cases, of the County Commissioners. The Department appreciates 
the cooperation of the counties in determining the sites to be 
marked and getting clearance for the location of the sign itself, 
and its erection. 

William Mclnerney, Cheyenne, chairman of the Legislative 
Committee, said his work would soon begin, when the legislature 
convenes. 

Dr. T. A. Larson, Laramie, chairman of the Scholarship Com- 
mittee, wishes to encourage the writing of more county histories. 
He suggested throwing this open to any qualified person, not just 
those working on a master's thesis, as is now specified. He asked 
that the next Executive Committee make new arrangements and 
the counties be notified. 

Mrs. Irene Patterson, Casper, chairman of the Esther Morris 
Statue Committee, reported that the replica of the statue for Wyo- 
ming should be ready this fall. The society will be asked to help 
dedicate it in an appropriate ceremony. 

RESOLUTIONS 

The following resolutions were presented and acted upon: 

I. WHEREAS the Wyoming State Park Commission is a new and rela- 
tively unknown agency of the State government, and lacks the necessary 
budget for an effective state-wide program, and 

WHEREAS there is duplication of effort by several state agencies in the 
creation and administration of state parks, and 

WHEREAS the program could be more effectively carried out under 
one state agency, which v/ould formulate an over-all program in regard to 
historic, scenic, recreational and other sites, and coordinate its work with 
other state departments for specific and specialized purposes, such as plan- 
ning and administration of museums and interpretation of sites by the Wyo- 
ming State Archives and Historical Department, and 

WHEREAS Wyoming, as an area which is becoming a national recrea- 
tional center, must now plan for the future and the greatest benefit to be 
derived from this trend, 

THEREFORE BE IT RESOLVED that the Wyoming State Historical 
Society support a legislative budget, and laws which will further the most 
effective development of a Wyoming State Parks Commission and make its 
needs and functions known to the public. 

Mr. Henry Jones moved its adoption as read. The motion was seconded 
and carried. 



^ 



U)S ANNALS OF WYOMING 

II. WHEREAS the Wyoming State Archives and Historical Department, 
under the Wyoming State Library, Archives and Historical Board, has made 
marlved progress in growth and development of the Historical Department, 
Historical Society, Archives and Records, and the Historic Sites programs, 
and is endeavoring to meet the demands of the people of Wyoming, and 

WHEREAS the salary schedule has always been below the average of 
that of other western states, resulting in the Department's inability to attract 
professionally trained persons for professional positions, and 
. WHEREAS the Director of the Department is required by law to be 
professionally trained, and effective work within the Department requires 
high standards for all personnel who serve as heads of divisions, and 

V/HEREAS future progress in the various divisions of the Department 
and further service to Wyoming people is dependent upon higher standards 
for personnel. 

THEREFORE BE IT RESOLVED that the Thirty-Seventh Wyoming 
State Legislature be requested to revise the legislative salary limitations and 
to provide an adequate budget for trained professional personnel to head 
the various divisions within the Department. 

Dr. Larson moved the adoption of the resolution as read. The motion 
was seconded and carried. 

in. WHEREAS the present decade. 1960 to 1970, includes the centennial 
anniversaries of significant events in the history of Wyoming, including its 
territorial status, the arrival of the railroad and establishment of towns alon^ 
its route. Indian uprisings and the resultant military actions and the gold rush 
to the South Pass region, and 

WHEREAS comprehensive state-wide planning for the observance of 
these anniversaries, with no duplication or division of effort must be made 
and carried out so that the impact of these observances may be felt by the 
public 

THEREFORE BE IT RESOLVED that a Centennial Commission be 
established by the Thirty-Seventh Wyoming State Legislature for effective 
planning, with an appropriation to defray the necessary expenses. 

It was moved, seconded and carried that this resolution be tabled. 

IV. BE IT RESOLVED that the Wyoming State Historical Society wishes 
to express thanks to Albany County Historical Society and the persons and 
organizations who worked to prepare this meeting. Those who have been 
hosts to a meeting of this kind appreciate the work and planning that is 
necessary, and the State Society is grateful. Violet Hord, Chairman, Reso- 
lutions Committee. 

The above lesolution was presented by Violet Hord, Chairman, Resolu- 
tions Committee. The motion was made, seconded and carried for its 
adoption. 

The secretary read a resolution from the Sheridan County Chapter 
informing the State Society that they were opposed to the replace- 
ment of the present principal monument in the Custer Battlefield 
National Monument and to the demolition of the present stone 
structures. 

The auditing committee reported that the treasurer's books were 
found in order. 

Robert Larson, Cheyenne, moved that the expenses of the state 
president be paid as he travels to visit county chapters. The mo- 
tion was seconded and carried. "^ 



V 



WYOMING STATE HISTORICAL SOCIETY 109 

The meeting was adjourned at 4:15 p.m. 

' TEA 
FORT SANDERS COMMUNITY CENTER 

Everyone en'oyed seeing the restored Fort Sanders Community 
Center, where tea and punch were served by the Albany County 
Chapter after the business session adjourned. The Albany County 
Chapter should be very proud of this contribution to Laramie. 

DINNER MEETING 

Connor Hotel 

On Saturday evening 1 24 persons attended the annual banquet 
held in the Connor Hotel. After the invocation by Mr. Henry 
Jones, Laramie, all enjoyed a typical Wyoming dinner of roast beef. 
Mrs. Alice Stevens, toastmistress, introduced the dignitaries at the 
head table. 

The speaker, Dr. S. H. Knight, head of th3 Geology Department 
of the University of Wyoming, told the history of the University. 
It has grown from six students, 1 7 acres and one unfinished build- 
ing in 1887 to 4,500 students, 400 acres and 30 fine buildings in 
1962. Little difference is noted in the youth who attend now 
except that they marry earlier, he said. Football men now wear 
head guards instead of just long hair, and the golf course has 
expanded from three holes. 

The slides he showed of classes and activities taken during the 
University's earlier years were enjoyed by many in the audience 
as they recognized themselves or friends. The beautiful colored 
slides of the campus today showed clearly the progress which has 
been made. 

The president introduced Mrs. Helen Rouse, Torrington, chair- 
man of the Nominating Committee, who, in turn, announced the 
results of the election and introduced the officers for 1963. They 
were: 

President Mr. Charles Ritter, Cheyenne 

First Vice president Mr. Neal Miller, Rawlins 

Second Vice president Mrs. Charles Hord, Casper 

Secretary- Treasurer Miss Maurine Carley, Cheyenne 

Mr. Charles Ritter, Cheyenne, chairman of the Awards Com- 
mittee, announced the following awards for accomplishment in the 
field of history during the past year: 

Historical .Awards: 

Laramie County Chapter, Wyoming State Historical Society. 
Activities. Outstanding Educational Project. For the book, 
F.arly Cheyenne Homes. 



>f 



no ANNALS OF WYOMING 

Mrs. Elsa Spear Byron. Fine Arts. Photography. For an 
individual preserving the history of Wyoming through pho- 
tography. 

Louis Steege and Warren W. Welch. Publications. Non- 
fiction. For their book, Stone Artifacts of the Western Plains. 

Mary Read Rogers. Publications. A Wyoming newspaper. 
For her articles on Wyoming libraries. 

L. .A. Barlow. Special Fields. Contribution in the field of 
Archaeology or Paleontology. For his collection in the above 
field. ) 

Honorable Mention: 

Goshen County Chapter, Wyoming State Historical Society. 
Activities. Group Promotion. For helping in the restoration 
of Old Fort Laramie. 

Mrs. Percy Ginn. Fine Arts. Poetry. For her outstanding 
series of poems dealing with Wyoming history. 

Adrian Reynolds, Publisher and Editor. Publications. A Wyo- 
ming newspaper. For Green River Star, Centennial Edition. 

Art N. Wall. Publications. Biography and Autobiography. 
For Peace River Red. 



SUNDAY, SEPTEMBER 9, 1962 

All the state society members were guests of the Albany County 
Chapter at a buffet breakfast at the Connor Hotel at 8 o'clock. 

Dr. T. A. Larson gave a short history of Laramie, which was 
founded by the Union Pacific Railroad in 1868. However, there 
was much activity on the plains and at nearby Fort Sanders before 
that time. 

He mentioned the first woman jury of March, 1870, Bill Nye, 
who lived in Laramie from 1876 to 1883 and put Wyoming on the 
map, Esther Morris, who often walked up and down the railroad 
tracks picking up coal which she gave to the poor and Edward 
Ivinson, Laramie's first philanthropist, who built Laramie's first 
mansion in 1890. 

He then read several very humorous selections written by Bill 

Nye. 

TOUR OF LARAMIE * 

Dr. Robert Bums led a tour to the historic sites of Bill Nye's 
Boomerang office, the site of the building where the first all-woman 
jury met, the Ivinson home, the Esther Morris residence and Fort 



y 



WYOMING STATE HISTORICAL SOCIETY 111 

Sanders. The Commerce and Industry building, one of the newest 
buildings on the University campus, was also visited by the tour 
group. 

The Albany County Chapter is to be complimented upon prompt 
execution of all their carefully planned program. 

Maurine Carley 
Secretary-Treasurer 



^l 



Book Keviews 



Rebel of the Rockies: The Denver and Rio Grande Western Rail- 
road, by Robert G. Athearn. (New Haven and London: 
Yale University Press, 1962. Yale Western Americana Series 
No. 2. xvi + 395 pp. maps, index, illus. $10.00.) 

The historian who embarks on the task of recording the history 
of any American railroad is immediately faced with the problem of 
focus, for a railroad was, and is, many things to many people. We 
have had a host of railroad books constructed of glamorous photo- 
graphs of steam engines and rolling stock; we have had others that 
dwell lovingly on scenic rights-of-way; and others geared mainly 
for the specialists who grow misty-eyed over technical descriptions 
of roadbeds and engineering triumphs. Illustrations have tended to 
crowd textual material into ever-smaller corners of these volumes, 
until they become albums rather than histories. Although richly 
illustrated with photographs and sketches. Professor Athearn's 
histor)' of the Rio Grande Western Railroad is not this sort of book. 
Taking position at or near the central offices of the road, he has 
written a genuine history of the construction, management, and 
financing of a unique transportation system. 

This is the story of the men who built and maintained a rebel- 
lious railroad in the Rocky Mountains — an upstart of a road that 
built its spine along the "wrong" axis, operated on narrow-gauge 
"baby" tracks, and dared to challenge the supremacy of such giant 
transportation systems as the Union Pacific and the Santa Fe. It is 
the story of General William Palmer, the road's founder, and Fred- 
erick Lovejoy, who later controlled it, and George Gould and Wil- 
son McCarthy and many other men. These are the actors in the 
drama that begins in 1870 and ends with the day before yesterday. 
Some of the actors are heroes, particularly those who labored val- 
iantly, and often without success, to retain local (i.e., Colorado) 
control of the road. Others are villains, especially the "Wall Street" 
financiers like Gould who kept the road in "captivity" to earn 
profits for themselves without regard for condition of road or 
service. Like all good melodramas, the story of the Denver and 
Rio Grande Western begins with pioneers of noble dreams and 
aspirations who are challenged by manipulators with sordid mo- 
tives. But the inevitable happy ending brings the reader to modem 
times, as "right" finally triumphs in the closing scenes, and the local 
heroes defeat the "foreigners" and regain control of the railroad. 

It is unfair to complain at length about the author's definition 
of his topic, yet the reader might be informed that Professor 
Athearn is not much concerned about the official "climate of opin- 
ion" regarding railroading, either locally or nationally. Only 



Y 



BOOK REVIEWS 113 

rarely does he mention either state or federal restrictions or regu- 
lations (or their absence) that may have played major roles in the 
story of the Rio Grande. 

The writing, although sprightly, is not inappropriate to the 
subject. Maps of the emerging Rio Grande system help guide the 
reader through the development of the railroad, although there 
are no comparable guides to competing or allied lines. Photo- 
graphic illustrations are well chosen and handsomely reproduced, 
and the chapter-heading sketches are very well done. Ten dollars 
is no longer a large price for a big book, but in this case the pur- 
chaser receives fuller value for his mone\ than is sometimes true. 

University of Colorado Carl Ubbelohde 



Probing The American West. Nineteen papers from the Santa Fe 
Conference with an introduction by Ray A. Billington. Edit- 
ed by K. Ross Toole, A. R. Mortenson, John A. Carroll and 
Robert M. Utley. (Museum of New Mexico Press, Santa Fe, 
1962. index. 216 pp. $5.00.) 

In October 1961 three hundred persons met in Santa Fe for a 
three day Conference on the History of Western America. In the 
usual pattern of historians' meetings there were papers and shop 
talk. Nineteen of the papers are here published. On the whole 
it is a good collection, one in which anyone attracted to Western 
History can find much of interest and entertainment. 

Dale L. Morgan offers thoughtful generalizations about a subject 
on which he is a leading authority, "The Significance and Value of 
the Overland Journal." He makes the valid point that historians 
of the West have made small use of overland journals. 

John C. Ewers in "Mothers of the Mixed-Bloods: The Marginal 
Woman in the History of the Upper Missouri" brings together fas- 
cinating lore about three Indian women who served as interme- 
diaries between Whites and Indians: Sacajawea, Medicine-Snake- 
Woman, and Deer-Little-Woman. 

Lessing H. NohPs article on "Mackenzie Against Dull Knife: 
Breaking the Northern Cheyennes in 1876" is the best available 
account of that battle which was fought on the Red Fork of the 
Powder west of present Kaycee. 

Walter RundelFs article on "The West as Operatic Setting" is 
an entertaining discussion of an off-beat subject. Rundell ranges 
from grand opera to musical comedies, with attention to music and 
plot. He treats western operas in three categories: mining, agri- 
culture and Indians. 

John T. Schlebecker in a paper on "The Federal Government 
and Cattlemen on the Plains, 1900 to 1945" presents the thesis 
that the biggest development for cattlemen in the 20th century lies 



^ 



I 14 ANNALS OF WYOMING 

in their seeking and obtaining more and more help from the Federal 
Government. He recalls that the cattlemen obtained federal aid 
against prairie dogs, the beef trust, ticks and foot-and-mouth dis- 
ease; that they wangled emergency credit after World War 1; and 
that they were saved by Government emergency programs in the 
Great Depression. Thus the Iowa State University historian rejects 
the image of the cattlemen as self-reliant, rugged individualists 
who spurn federal aid. 

N. Orwin Rush, former Director of the University of Wyoming 
Library and now at Florida State University, in "Frederic Reming- 
ton and Owen Wister: The Story of a Friendship, 1893-1909," 
quotes copiously from the correspondence between these two 
famous men. 

Merrill J. Mattes in "Exploding Fur Trade Fairy Tales" renews 
his long and persuasive campaign to establish that John Colter, 
though he passed through part of the Yellowstone Park area, did 
not see extensive thermal activity (Colter's Hell) there but rather 
along the Shoshone River just west of present Cody. Mattes also 
brands as fairy tales the notions that there was ever a fur trade 
rendezvous in Jackson Hole and that there was a steamboat on the 
North Platte in western Nebraska and Wyoming in 1854. The 
steamboat myth he traces to the confusion between two Fort 
Mitchells. Steamboats passed Fort Mitchell at the mouth of the 
Niobrara but not Fort Mitchell near Scotts Bluff. 

There are other first-rate articles calculated to please anyone 
who goes down this cafeteria line of Western History. And the 
16-page introduction by Ray A. Billington is a bibliographical tour 
de force of greater value than any of the articles which follow. 

Laraiuie, Wyoming T. A. Larson 



The Lhvegimented General. By Virginia W. Johnson. (Boston, 
Houghton Mifflin Co., 1962. illus., index, 401 pp. $6.95.) 

Nelson A. Miles, Civil War volunteer soldier, Indian fighter and 
finall) commanding general of the Army of the United States, was 
one of the most controversial figures in the military history of our 
country. 

During his long army career, from 1861 to 1903, he criticized, 
protested to and antagonized most of the top army men of his time, 
as well as cabinet members and presidents, notably Theodore 
Roosevelt. 

He disagreed with campaign strategy, the choice of commanding 
officers for specific engagements, and especially with the quarter- 
master corps of the army. He was outraged with the policies of 
the Indian Bureau during the final stages of subduing the western 
and southwestern Indians and placing them on government reser- 



) 



BOOK RHVIEWS 115 



vations. His controversy with the Roosevelt administration over 
the Spanish-American War was as bitter as any he ever engaged in. 

However, in spite of the ill feeling he brought upon himself from 
those in high places, he was a gifted military strategist and scrupu- 
lously fair and honest in his relationships with the men in his com- 
mand. His outstanding success in his assignments eventually 
brought him the recognition and advancement he deserved. But 
tact he never learned, and never practiced. 

Much of the material in the book is based on Nelson Miles' 
letters to his wife, written from their engagement in 1867 to the 
middle 1 890's. Many were written from the field during the 
Kiowa-Comanche, Sioux, Chief Joseph and Apache Indian cam- 
paigns. 

The letters expressed his frank military opinions and also his 
devotion to his wife and son and daughter. They were given to 
the author by Nelson Miles' son, Sherman Miles, Ma'or General. 
U.S. A., Ret., in 1958, for her use in the biography. 

The character of Nelson Miles is so strongly delineated that his 
personality is more strongly impressed upon the reader than the 
events in which he participated. His opinions about the hardships 
brought upon the army through ignorance and inexperience are 
bourne out, although perhaps less emphatically, in most recorded 
accounts of those years, and have considerable value to the 
student of western history in understanding people and events of 
that time. 

Cheyenne Katherine Halverson 



Fort Phil Kearny- An American Saga. By Dee Brown. (New 
York: G. P. Putnam's Sons, 1962. illus. index. 251 pp. 

$4.95 ) 

The writing skill of Dee Brown is known to most readers of 
Western historical material and they will welcome his latest exer- 
cise of this talent. Those reading for pleasure only will be held 
by the gradual unfolding of the story of the fort while the students 
of the field can not help but be impressed by the extensive bibliog- 
raphy and careful documentation of the facts which are included. 

Brown has a real feeling for the characters and times of this 
story and he is particularly sympathetic to Col. Henry B. Carring- 
ton, its leading figure. The reader can only admire this com- 
mander who managed to construct Ft. Phil Kearny under the se- 
verest natural handicaps, without adequate supplies, thwarted by 
an unsympathetic superior and insubordinate juniors and the con- 
stant harassment of a crafty enemy with vastly superior numbers. 

His actions are vindicated here if they need be. In Fetterman, 
Carrington had another Custer to deal with, and only the irre- 



»' 






V 

1 16 ANNALS OF WYOMING 

sponsibility of the press at the time and the inaccurate accounts 
from the Indian Service made the topic controversial at all. It is 
clear that it was not Carrington's fault that this was the only war 
fought by the United States which concluded with a peace "which 
conceded everything demanded by the enemy and exacted nothing 
in return." 

The reader new to the West and its geography might be con- 
fused by the author's frequent references to Ft. Laramie as Laramie 
and Ft. Reno as Reno. Line diagrams of the various important 
engagements between troops and Indians would help to understand 
the descriptions in the text. 

Author Brown is to be congratulated on an accurate and very 
readable book on this important phase of Wyoming History. 

Laramie Lloyd R. Evans, M.D. 



A History Of Steamhoating On The Upper Missouri. By William 
E. Lass. (Lincoln: University of Nebraska Press. 1962. 
illus. index. 215 pp. $5.50.) 

Most people today think of the development of the West in 
terms of stage coaches, covered wagons, the Pony Express or the 
handcart brigade. Only in rare instances does the steamboat come 
under consideration. 

Mr. Lass" book will provide a new picture for those who have 
not studied the part played by the river and its people. 

Lass traces the development of navigation on that part of the 
Missouri which lies above the mouth of the Big Sioux from about 
1819 to 1936, when the last of the navigation companies disap- 
peared from the scene. 

The river, with its shallow water, seasonal rises and long period 
of closed navigation due to ice, presented many problems but not 
all were due to the river itself. Strong prairie winds blew boats 
onto sandbars and into banks, officers were often forced to tie up 
their boats to keep them from capsizing, and the wind rippled the 
waters so that snags and sandbars were obscured, making it diffi- 
cult for boats to follow the channel. 

From its beginning account of the ill-fated Yellowstone Expedi- 
tion through the fur trading era, years of Indian unrest, buffalo 
hunting, gold discovery and the settlement of the territories, to the 
last days of steamhoating under the colorful Issac Baker, the 
book is filled with interesting and well documented history. 

In this book one finds tales of illicit liqour traffic with Indians 
(usually without the knowledge of the steamboat owners), the 
story of the removal of the conquered Santee Sioux to "an area 
outside any state", a story which is enlightening but not exactly 
conducive to pride, the history of the part the river played in the 



BOOK REVIEWS 117 

development of the Black Hills and many other tales of the steam- 
boat era. 

River improvement for the past quarter century has dealt mostly 
with flood control, irrigation and power production. The dream 
of a completely navigable river from Ft. Benton to the mouth of 
the river was killed when the Ft. Peck Dam was built in Montana. 
The dam had no lock. 

The History Of Steamhoating On The Upper Missouri is authen- 
tic and well told. The reader will enjoy it. 

Newcastle, Wyo. Mabel Brown 



Gold Camp. By l.arry Barsness (New York: Hastings House, 
1962. index, bibliog. 312 pp. $5.95) 

An easy reading, very interesting, thorough exploration of one 
of Montana's richest gold beds and its leading city, this is Gold 
Camp. 

Larry Barsness has taken many of the best readings from The 
Montana Post, other newspaper sources, and diaries and books, 
and combined them into this exciting book. The local color and 
vivid scenes which he paints force even the most unimaginative 
person to feel that he is living right in Virginia City, the only one 
of the Montana Territory mining settlements which has never been 
a ghost town. 

The book is divided into twenty chapters, each one taking a 
particular phase of life in the area. 

Chapter one deals with the discovery of gold in the gulch; 
chapter two discusses the early days of the settlement. Of par- 
ticular interest are the sections dealing with the men and the filth 
in which they existed, the nationality quarrels which sprang forth 
expecially when the whiskey had flowed too freely, and the fights 
of the Southerners against the Northerners despite Montana's 
removal from the actual conflict of the Civil War. 

In the next two sections the stories of the Innocents, a group of 
notorious outlaws, and the Vigilantes, the group that took it upon 
themselves to quell the Innocents and any other lawbreakers, are 
told in an exciting fashion. Stage holdups, midnight murders, and 
hangings at dawn color this part with a blood-red hue. 

The culture of this city was unbelievable considering the above. 
The theatre was in full swing, local bands and orchestras were 
available, and for a time even a literary group made some progress. 
The churches managed to function even though Sunday was, for 
many, a day for more drinking than Saturday. Dancing was the 
main amusement, after drinking that is, and there was always the 
availability of the prostitutes in the red light district. 

Fascinating to this reviewer were the fantastic wages and prices 



^ 



> 



i 



118 ANNALS OF WYOMING 

which existed in Virginia City. Much money was made, much 
money was lost, but most went away richer than when they arrived. 

Other interesting chapters deal with the Chinese and their in- 
fluences and problems in a frontier town, and with children or 
''Small Fry" as they are called and the free and exciting life which 
they lead. 

Certain sections in the book are devoted to interesting accounts 
of politicking, women and their freedom, entertainments, and 
transportation to and from Virginia City. One chapter dealing 
with the stage lines is appropriately entitled "Bounces Unlimited." 

Anyone who enjoys reading stories of the West and of western 
culture and civilization will enjoy reading Gold Camp. The fact 
that Virginia City's people were real, and the fact that their strug- 
gles really took place give this book additional interest and excite- 
ment. 

Cheyenne William R. Dubois 



llie Great Iron Trail by Robert West Howard. (New York: 
G. P. Putnam's Sons, 1962. index. 357 pp. $6.50) 

The result of 20,000 miles of travel and 18 months of research 
by Robert West Howard is this comprehensive history of railroad- 
ing. In 1832, the Emigrant of Ann Arbor, Michigan, proposed 
editorially a railway from New York to Oregon. New inventions 
and determined men made the undertaking possible. From one 
hundred miles of railroad in 1836 grew the thousands of miles of 
track that spanned a continent by May 10, 1869. At that time 
the Golden Spike was driven into the last rail and the Atlantic and 
Pacific coasts were at last connected by rail. 

Mr. Howard describes the childhood years of the men who 
were instrumental in building the railroad as if they were predes- 
tined to work together. The Central Pacific was created in Sacra- 
mento in January, 1863, while the Union Pacific had its beginning 
in September, 1 862. In spite of hardships from floods, blizzards 
and Indians the tracks m.oved steadily toward a meeting point. 
Many new words and phrases such as "Chinaman's Chance," 
"high-ball" and "gandy dancer," were coined by construction 
workers and trainmen and are still in use today, some as a means 
of conveying signals of procedure on the tracks. 

Promotion schemes by speculators often slowed down construc- 
tion. The lowest element of humanity followed track workers, 
creating the first "Hell-on-Wheels" at North Platte, Nebraska. 
Payrolls which were delayed for many reasons created work 
for the vigilantes. 

Incidents along the right-of-way ranged from the bizarre to the 
disastrous. Chief Turkey Foot of the Sioux ordered his braves to 



/ 

BOOK REVIEWS 119 

lasso a locomotive. A Union Pacific official was kidnapped for 
ransom in back wages. 

Credit for the success of the venture is given to the lowest paid 
coolies, the Irishmen, the Mormons, the surveyors and engineers, 
as well as to the officials. Because of the efforts of thousands of 
men. East and West were joined to complete a nation of states 
united. 

Chevenne , Viola A. McNealey 



UNIVERSITY PRESS REPRINTS 

The University of Nebraska Press is performing a valuable 
service in the field of Western Americana. Many books on the 
West have been out-of-print, difficult and expensive to obtain for a 
number of years. Nebraska is making such items, many of which 
have become classics, available again and at reasonable prices. 

The following reprints in paperback editions are now off the 
press and may be obtained through bookstores. 

UNIVERSITY OF NEBRASKA PRESS 

Bison Books, Paperback Editions 

Westward the Briton. By Robert G. Athearn. The Far West, 
1865-1900, as seen by British sportsmen and capitalists, 
ranchers and homesteaders, lords and ladies. (First pub- 
lished by Charles Scribner's Sons, 1953) 208 pp. index 
bibl. illus. $1.60, 

Pinnacle Jake. As told by A. B. Snyder to Nellie Snyder Yost. 
(First published by Caxton Printers Ltd. 1951) illus. map. 
$1.60 

Fehold Feboldson. Tall Tales from the Great Plains compiled by 
Paul R. Beath. New edition including Nebraska Strong Men 
and Olof Bergstrom: Swedish. By Louise Pound. (First 
published by University of Nebraska Press, 1948.) 137 pp. 
illus. by Lynn Trank. $1.30 

Home Below Hell's Canyon. By Grace Jordan. (First published, 
c by Grace Jordan," 1954. ) 243 pp. map. $1.60 



^ 



CoftMbutors 

Garry D. Ryan has been archivist. Office of Military Archives, 
National Archives, Washington, D. C, since 1956. A native of 
Turner Falls, Massachusetts, he attended school there, earned his 
B A. degree at Boston University, his M.A. at Columbia Univer- 
sity, and is presently working toward his doctorate at American 
University. 

George W. Paulson, history teacher in the Cheyenne school 
system, holds a master's degree in history from the University of 
Wyoming (1962.) He also attended the University of North 
Dakota (PhB., 1951 ) and the University of Minnesota (M.A. Ed. 
Adm. 1956). He is a member of numerous educational and pro- 
fessional social studies organizations. He has served as secretary- 
treasurer of the Wyoming Council for the Social Studies and as 
president of the Southeast District of the Council. Paulson has 
been a resident of Wyoming since 1955. His hobbies include read- 
ing, traveling and hiking. 

Horace M. Albright, now retired, devotes much of his time to 
matters relating to the conservation of natural resources, especially 
national and state parks, recreational resources and preservation 
of historic structures. He has served as Assistant Director, U. S. 
National Park Service, Superintendent of Yellowstone National 
Park, Director of the National Park Service, Executive Vice Presi- 
dent and President of the United States Potash Company, and 
Consultant for the U. S. Borax and Chemical Corporation. His 
degrees include a B. L. from the University of California at Berke- 
ley, LL.B. from Georgetown University and the honorary degree 
of LL.D, University of Montana. He belongs to countless organ- 
izations devoted to the conservation of natural resources. He was 
awarded the Pugsley gold medal, American Scenic and Historic 
Preservation Society in 1933, the Alumnus of the Year award of 
the University of California in 1952, the Frances Hutchinson 
Medal of the Garden Clubs of America in 1959, the Theodore 
Roosevelt Distinguished Medal of Conservation Achievement in 
1959 and the Gold Medal of the Campfire Club of America in 
1962. With F. A. Taylor he co-authored the book Oh, Ranger, 
and has had articles on conservation published in the Saturday 
Evening Post, Colliers, and New York Times Magazine. Mr. Al- 
bright now lives in Los Angeles. 

Elizabeth Keen. See Annals of Wyoming, Vol. 33, No. 2, 
October, 1961 and Vol. 34, No. 2, October, 1962. 



WYOMING STATE ARCHIVES AND HISTORICAL 
DEPARTMENT 



The Wyoming State Archives and Historical Department has as its func- 
tion the collection and preservation of the record of the people of Wyo- 
ming. It maintains a historical library, a museum and the state archives. 

The aid of the citizens of Wyoming is solicited in the carrying out of its 
function. The Department is anxious to secure and preserve records and 
materials now in private hands where they cannot be long preserved. Such 
records and materials include: 

Biographical materials of pioneers: diaries, letters, account books, auto- 
biographical accounts. 

Business records of industries of the State: livestock, mining, agricul- 
ture, railroads, manufacturers, merchants, small business establishments, 
and of professional men as bankers, lawyers, physicians, dentists, ministers, 
and educators. 

Private records of individual citizens, such as correspondence, manuscript 
materials and scrapbooks. 

Records of organizations active in the religious, educational, social, 
economic and political life of the State, including their publications such 
as yearbooks and reports. 

Manuscript and printed articles on towns, counties, and any significant 
topic dealing with the history of the State. 

Early newspapers, maps, pictures, pamphlets, and books on western 
subjects. 

Current publications by individuals or organizations throughout the 
State. 

Museimi materials with historical significance: early equipment, Indian 
artifacts, relics dealing with the activities of persons in Wyoming and with 
special events in the State's history. 




. ^ LAK Tt£ 




CY 
W 



M- 
63 

rn 




»* 
*• 






lORT McKINNEY. 1903 

Stimson Photo 
Wyoming State Archives and Historical Department 



October J 9 68 



WYOMING STATE LIBRARY, ARCHIVES AND 
HISTORICAL BOARD 

Fred W. Marble, Chainnan Cheyenne 

E. A. Littleton Gillette 

Henry Jones Laramie 

Mrs. Dwight Wallace Evanston 

Mrs. Frank Mockler Lander 

Mrs. Wilmot C. Hamm Rock Springs 

Mrs. Willl\m Miller Liisk 

Gordon Brodrick Powell 

Attorney General John F. Raper. Ex-Officio 



WYOMING STATE ARCHIVES AND HISTORICAL 
DEPARTMENT 

STAFF 

Lola M. Homsher Director 

Henryetta Berry Assistant Director 

Mrs. Katherine Halverson Chief, Historical Division 

Mrs. Bonnie Forsyth Chief, Archives & Records Division 



ANNALS OF WYOMING 

The Annals of Wyoming is published semi annually in April and 
October and is received by all members of the Wyoming State Historical 
Society. Copies ot current issues may be purchased for $1.00 each. 
Available copies of earlier issues are also for sale. A price list may be 
obtained by writing to the Editor. 

Communications should be addressed to the Editor. The Editor does 
not assume responsibility for statements of fact or of opinion made by 
contributors. 



Copyright, 1963, by the Wyoming State Archives and 
Historical Department. 



iA^mls of Wyoming 



Volume 35 



October, 1963 



Number 2 




Lola M. Homsher 
Editor 



Katherine Halverson 
Assistant Editor 



Published Biannually by the 

WYOMING STATE ARCHIVES AND HISTORICAL 
DEPARTMENT 



Official Publication of the Wyoming State Historical Society 



WYOMING STATE HISTORICAL SOCIETY 

OFFICERS 1963-1964 

President, Neal Miller Rawlins 

First Vice President, Mrs. Charles Hord Casper 

Second Vice President, Glenn Sweem Sheridan 

Secretary-Treasurer, Miss Maurine Carley Cheyenne 

Executive Secretary, Miss Lola M. Homsher Cheyenne 

Past Presidents: 

Frank I.. Bowron, Casper 1953-1955 

William L. Marion, Lander 1955-1956 

Dr. DeWitt Dominick, Cody 1956-1957 

Dr. T. a. Larson, Laramie 1957-1958 

A. H. MacDougall, Rawlins 1958-1959 

Mrs. Thelma G. Condit, Buffalo 1959-1960 

E. A. Littleton, Gillette 1960-1961 

Edness Kimball Wilkins, Casper 1961-1962 

Charles Ritter. Cheyenne 1962-1963 



The Wyoming State Historical Society was organized in October 1953. 
Membership is open to anyone interested in history. County Historical 
Society Chapters have been organized in Albany, Big Horn, Campbell, Car- 
bon, Fremont, Goshen, Johnson, Laramie, Natrona, Park, Platte, Sheridan, 
Sweetwater, Washakie, Weston, and Uinta counties. 



State Dues: 

Life Membership $50.00 

Joint Life Membership (Husband and wife) 75.00 

.Annual Membership 3.50 

Joint Annual Membership (Two persons of same family at 

same address. ) 5.00 

County dues are in addition to state dues and are set by county organ- 
izations. 

Send State membership dues to: 

Wyoming State Historical Society 
Executive Headquarters 
State Office Building 
Cheyenne, Wyoming 



Zable of Contents 



BUFFALO— ANCIENT COW TOWN. A WYOMING SAGA 125 

Burton S. Hill 

MORETON FREWEN AND THE POPULIST REVOLT 155 

David M. Emrnons 

THE RISE OF WORKMEN'S COMPENSATION IN WYOMING .... 174 
Edmond L. Escolas 

NOTES ON WYOMING HISTORY 

The Grave of Joel J. Hembree, 1843 201 

Paul Henderson 

A Spanish Sword From Dayton, Wyoming 207 

A Flintlock Pistol in the Fred Hesse Collection 210 

Don Grey 

POEM— TALES OLD TIMERS TELL 212 

Dick J. Nelson 

ONE OF THE MERCER GIRLS 213 

THE TALE OF A SLOOP. A MONITOR AND A DREADNOUGHT 229 

Mae Urbanek 

BOOK REVIEWS 

Utley. The Last Days of the Sioux Nation 235 

Block. Great Stagecoach Robbers of the West 236 

Porter and Davenport. Scotsman in Buckskin 237 

Directory: Historical Societies and Agencies 238 

Barker, Legends and Tales of the Old West 239 

Preece. The Dallon Gang, End of an Ontlaw Era 239 

Beebe. The Centred Pacific and Southern Pacific Railroads 240 

Dodds, Tlie Salmon King of Oregon 241 

Miller, Arizona Cavalcade 242 

Fabian, The Jackson's Hole Story 243 

From Manuscripts, Brides of the Open Range 243 

CONTRIBUTORS 245 

ILLUSTRATIONS ACCOMPANYING ARTICLES 

Fort McKinney. 1903 Cover 

Occidental Hotel 124 

East Side of Main Street. Buffalo. About 1883 124 

South Buffalo in 1896 124 

Harvey A. Bennett 138 

July 4. 1888. In Front of Occidental Hotel 138 

The Buffalo School in 1895 153 

Moreton Frewen 156 

Frewen Ranch House on the Powder River 159 

Wyoming Counties — 1910 176 

Wyoming Counties — 1930 175 

Grave of Joel Hembree 202 

Sword Blade 208 

Sword Hilts 208 

Flintlock Pistol 211 

Silver From the U. S. S. Wyoming 233 




Occidental Hotel, 1880 



Courtesy of Burton S. Hill 




East Side of Main Street, Buffalo, about 1883 

Wyoming State Archives and Historical Department 




South Buffalo in 1896 Showing Water Tank Which Supplied the City 

with Water Courtesy of Burton S. Hill 



Muffalo-McieHt Cow Zown 

A WYOMING SAGA 

By 

Burton S. Hill 

Buffalo began to appear along Clear Creek during the late spring 
of 1 879 in the nature of a civilian adjunct to the uncompleted Fort 
McKinnev on the mesa three miles westward in Wyoming Terri- 
tory. On July 18, 1878, Captain Edwin Pollock of the 9th U. S. 
Infantry had laid out and started construction on the new fort 
designed to protect emigrants on the nearby Bozeman Trail. Con- 
tracts had been let to a number of civilians to provide forage from 
the adjoining valleys for the post livestock, and these contractors 
established their camps along Clear Creek where Buffalo now 
stands. Soon this brought tradesmen and merchants to serve these 
workers, as uell as beer halls and saloons where liquor could be 
bought and enjoyed on the premises. The new town was just off 
the military reservation which made for a greater license than 
would be allowed near the post. This situation was quickly taken 
advantage of. 

While the new town soon gained considerable prominence along 
the trail, the spot where it stood, and the environs, were well 
known long before. Just east of the mouth of Clear Creek Canyon, 
with the tall and shining Big Horns rising to the immediate west, 
the locality had long been a favorite one. First the Indian tribes, 
and later the early day white explorers and trappers found their 
way there to rest and enjoy the clear cold water of the creek, the 
shade trees, and the wide valley abounding with game of all kinds. 

Prior to the time white men made their appearance, the Sioux 
called Clear Creek Tii Shu Wakpala, meaning Lodge Pole Creek, 
and it went by the latter name until some of the first explorers 
commenced calling it Clear Fork, and pronounced it the largest 
tributary' of Powder River, which it still is. One of the first of 
these explorers was Wilson Price Hunt, who, on August 31, 1811, 
made his camp on the flat just west of where Buffalo now stands. 
He had earlier been employed by the great fur trader John Jacob 
Astor to make an overland trek from St. Louis, Missouri, to 
Astor's fort at the mouth of the Columbia River. His party 
consisted of fifty-six persons, including partners, guides, packers, 
and hunters, with eighty-four horses. While in camp they met 
and conferred with a number of Indians who afterward led them 
to their village sixteen miles to the southwest, where some vigorous 
trading was "done for two full days. Afterwards, the Hunt party 
moved on over the Big Horns. 



126 ANNALS OF WYOMING 

During the following years many trappers and fur traders 
crossed and recrossed Clear Creek a little east of where the still 
unnamed settlement, afterwards to be known as Buffalo, sprawled 
out. It was never recorded what incidents took place in the vicinity 
until 1859, when Captain Raynolds and exploring party also 
camped just west of Buffalo, on September 17th of that year. As 
far as can be determined, his camp was on the same spot used by 
Wilson Price Hunt forty-eight years earlier. During the next 
several days while resting, Raynolds was called upon by several 
important Indian delegations, but not with warlike intent. On the 
contrary, these red men furnished him quantities of valuable 
information concerning the surrounding country. He also was 
visited by a party of Crows lead by an English speaking Spaniard 
on their way to trade at the Reshaw settlement adjacent to the 
Reshaw bridge spanning the Platte. In his report, Raynolds 
makes many references to Clear Fork, since it did not take the 
name Clear Creek for some years afterwards. Before leaving 
their camp, the Raynolds party visited Lake De Smet to make 
soundings and other scientific observations. 

The vicinity again came into prominence in 1866, when Captain 
Palmer, late of General Connor's Powder River Expedition, and 
the great guide Mitch Bouier established a trading post on the 
Bozeman Trail near the confluence of Rock Creek with Clear 
Creek, a mile and a half east of Buffalo. They had just com- 
menced a thriving business with the emigrants on the trail when a 
Sioux delegation came by to demand their immediate departure. 
They did not remain long afterwards. 

During the succeeding years, until Captain Pollock decided to 
build his fort on the mesa at the mouth of Clear Creek Canyon, 
there is no record of any development, since the entire vicinity was 
teeming with hostile Indian tribes. Although, by 1877, peace had 
commenced to prevail. At all events, the environs were not 
entirely without previous exploration, and Captain Pollock selected 
wisely. 

While the new town, afterwards to be known as Buffalo, sprang 
up quickly enough, even before it made its appearance, a lively 
settlement had commenced four miles south to be known as the 
Six Mile Ranch. It took that name since it was just off the 
military reservation six miles southeast of the fort, where there 
would be no restrictions covering liquor sales, and various forms 
of entertainment. It was a haven for the soldiers at the post 
when on leave, and for pleasure seeking civilians passing that way. 
A man by the name of Ed O'Malley ran the place. He is not to 
be confused with St. Clair O'Malley, a highly respected early 
resident of Buffalo, a member of the then fledgling Johnson County 
Bar Association and editor of the Buffalo Voice in 1884. 

As the new settlement to the north got under way, O'Malley was 
quick to visualize a much broader and more lucrative field for his 



BUFFALO— ANCIENT COW TOWN 127 

endeavors. Consequently, he abandoned his Six Mile Ranch 
operations, and in no time was conducting a rollicking dance hall 
called the "Lone Star" on the spot where the Johnson County 
Court House now stands. O'Malley's guests, including the ladies, 
were not selective, elegant, or refined, but all willing and ready 
to have a rowdy time until the break of day, drinking, dancing and 
jostling about. 

Just how long O'Malley held out does not appear to be remem- 
bered, but during the summer of 1880 Charles E. Buell and A. J. 
McCray erected the Occidental Hotel at its present location, where 
it has since been rebuilt and improved upon several times down 
through the years, but never moved. Although it maintained all 
the facilities of frontier hotels, it was well managed in an orderly 
manner which appeared to have been appreciated over most of 
the other favorite meeting places. It soon became the center of 
activity for the newcomer, the soldier, the gambler, and afterward, 
for the cattle baron and the cowboy. In the famous Occidental 
bar they drank, conversed, played faro, and came and went; but 
nobody ever asked the other fellow's real name, anything about his 
business, or inquired of his past, or his family. These subjects 
were not dwelled upon since everybody knew it would be healthy 
to remain less inquisitive. 

During his life time, the late John C. Van Dyke, an early day 
clothing merchant of Buffalo, used to enjoy recalling his memor- 
able experience at the Occidental. A well-known salesman 
called one day and invited him to the hotel after supper to 
see his samples, which he had brought on the overland stage from 
Rock Creek on the Union Pacific. When Mr. Van Dyke showed 
up, he at once observed a strange impatience on the part of his 
host, who kept anxiously looking in the direction of the bar room, 
which was resounding with activity, the clatter of poker chips, 
and the whir of the roulette wheel. When the salesman was finally 
called upon to explain his demeanor, he quickly replied: 

"Say, friend, here's an order book and the key. Look the stuff 
over and write down what you want. When you leave, drop the 
key off at the desk where I can pick it up later on, but right now 
you're holding up a poker game I'm supposed to be in. I'll see 
you tomorrow." 

But the Occidental bar was not the only attraction. The Buells 
were gracious hosts and threw the hotel parlor open to public 
meetings, social gatherings, weddings, and even funerals when 
required. Charley Buell, as he was known, conducted the hotel 
until 1886 when he turned it over to McCray. He then became 
a Johnson County rancher on Shell Creek northwest of Buffalo, 
where he resided until his death on January 24, 1916. On that 
day, he and Mrs. Buell were killed in an automobile accident on 
their way home from town. 



128 ANNALS OF WYOMING 

Before the end of 1879 another very important event took place 
which was to have a profound influence on the new town. It was 
the moving of August Trabing to Buffalo. During the previous 
two years, he had successfully conducted a trading post on the 
Bozeman Trail near the crossing at Crazy Woman Creek, and the 
place had become known as Trabing. But, in the fall of 1879, 
he pulled up stakes and hauled his entire belongings to the new 
town on Clear Creek. As the site for his store he selected a 
location where the Masonic Building and First National Bank now 
stand, and there built a good-sized log structure to house his 
wares. To hold the logs together, wooden pegs were used instead 
of nails, and so expertly was the work done that his building 
remained in steady use for thirty years. It was erected on high 
ground a considerable distance south of Clear Creek on the advice 
of Charles Buell, who warned against the danger of high water. 
But before he fairly got under way in serving the trade, he was 
bought out by John A. Conrad, James B. Lobban, Charles W. 
Hines and William E. Hathaway, all of whom were to wield tre- 
mendous influence in the settlement of the community. At the 
location selected by Trabing, they started a general store long to 
be remembered as John H. Conrad and Company. Afterwards, 
they started a store at Sheridan, and one at Powder River Cross- 
ing. For several years, Hathaway ran the one at the Crossing, 
and when Conrad replaced E. U. Snider as post sutler at Fort 
McKinney, Lobban and Hines conducted the company business 
in Buffalo, and three years later in Sheridan. However, when Wil- 
liam R. Stebbins, a New Yorker, arrived and became interested 
in the community, the banking house of Stebbins & Conrad made 
its appearance, with Mr. Lobban in charge. Although the bank 
was quartered in a small log structure adjacent to the store, its 
management was actually a part of the mercantile business. 

In 1 883, the First National Bank of Buffalo bought out Stebbins 
and Conrad, and in 1885 became the first chartered bank in 
northern Wyoming. Mr. Lobban became its first president. Al- 
though it was not planned that way, the present modern First 
National Bank building rests very near the site originally occupied 
by Stebbins & Conrad in its early banking venture. 

In later years, the Conrad Company was taken over entirely by 
Messrs. Lobban and Hines, but from the first, this store was a 
dominent influence in the entire community, and served it well 
for many years. The Conrad Company was a remarkable institu- 
tion and did thriving business from the start. For a frontier store, 
it carried a stock so large and varied that it was more than able 
to fulfill even the unusual demands of the area. In this connection, 
early residents of Buffalo used to tell of a minstrel show put on by 
the soldiers at Fort McKinney where this fact was amusingly 
brought out. Turning to one of the end men, the interlocutor 
asked: 



BUFFALO— ANCIENT COW TOWN 129 

"Rastus, if the Devil ever lost his tail, where would he get 
another"^" 

" 'Y, at J. H. Conrad's, 'course," came the ready response, 
followed by the appreciative applause of the audience. 

One reason the Conrad Company had a good business was that 
the owners never overlooked an opportunity to improve it. Very 
early it was apparent to Mr. Conrad that the place was on a hill- 
side, surrounded only by a healthy growth of sagebrush. There 
was scarcely a path to the front door, not to mention a trail; but 
Mr. Conrad found a way to remedy that. He had often admired 
the fine bull team outfits of Fort McKinney freighter George 
Washbaugh, and envisioned a resulting roadway in front of the 
store if two or three of those teams and heavy wagons could pass 
along that way. With this in mind, he lost little time in con- 
tacting Mr. Washbaugh, and promising him a fine suit of clothes 
if he would slightly change his ordinary route and move along 
in front of the Conrad establishment. Arrangements were made, 
and within a few days the store of John H. Conrad and Company 
was on a well-defined trail. George Washbaugh not only got his 
suit, but gained the distinction of laying out Main Street of Buffalo, 
although a bit crooked in places. This peculiarity it still has. 
Not too long ago a newcomer failed to understand how the fine 
and progressive town of Buffalo had such a crooked street, until 
he learned about John H. Conrad's arrangement with a well- 
known early day freighter. Mr. Washbaugh afterwards settled on 
a ranch in Johnson County and became a frequent visitor to 
Buffalo, where he did his trading and educated his children. Some 
of his descendents still reside in the community. 

Just how long Mr. Conrad was post sutler at Fort McKinney, 
and remained in or about Buffalo is not clearly remembered, but 
before 1890, he sold out to James B. Lobban and Charles W. 
Hines and left the west for his old home in Connecticut. He never 
returned. Many stories have been handed down from the earliest 
settlers concerning the numerous generous and kindly acts of 
John H. Conrad and his gracious, well-born wife. To the needy 
and deserving, long-term credit was often extended, and no oppor- 
tunity was ever overlooked to do some beneficial acts for the 
community. 

Another important event in 1879 was the re-christening of 
Pease County, of which, a short time later, Buffalo was to become 
the seat. Prior to the time Wyoming became a territory, Dakota 
had created Laramie, Albany, Carbon and Carter counties. These 
counties were adopted by the new territory, although the name 
Carter was soon changed to Sweetwater. Uinta County was cre- 
ated on December 1, 1869, providing five counties, running from 
north to south the full length of the territory. 

On November 20, 1875, a bill came up in the Fourth Legislative 
Assembly to create two new counties out of the northern portions 



130 ANNALS OF WYOMING 

of Laramie, Albany and Carbon, to become known as Pease and 
Crook. The area extended from the Big Horn River to the eastern 
boundary of Wyoming Territory, taking in what is now part of 
Big Horn and Washakie, and all of Sheridan, Johnson, Campbell, 
Crook and Weston Counties. Pease County was formed out of 
the northeastern portion of Sweetwater, the entire northern portion 
of Carbon, with a small portion out of Albany; and Crook out of 
the northern portion of Albany and Laramie, still leaving for 
Pease County a wide area east of the Big Horn River to the 
western boundary of Crook County in the upper northeast portion 
of Wyoming Territory. 

Quite a lively discussion came up in the committee of the whole 
of the Legislative Council as to the naming of the new counties. 
Many names were proposed until finally Representative James 
France, of Carbon County, arose and with much gravity said: 
"I have a name to propose for one of these counties significant 
of a much relished and highly palatable vegetable. It is said, how- 
ever, that in no particular does it propagate in Uinta County. 
Yet I feel assured that among the noble red men of these new 
counties it could be made prolific. I have reference to the name 
Peas(e)." E. L. Pease, of Uinta County, was president of the 
Council. Amid prolonged applause. Representative France took 
his seat, all appreciating the happy hit. At that, the names given 
to the new counties were Pease and Crook. 

Pease County was never organized under that name, since on 
December 13, 1879, the Sixth Legislative Assembly changed it 
to Johnson County. This was done in honor of Edward Payson 
Johnson, an outstanding and highly respected attorney of Wyo- 
ming Territory. He died October 3, 1879, just weeks before the 
amendment went into effect. 

Previous to 1 879, no concerted effort had been made to organize 
either one of the new counties, since they both were occupied by 
hostile Indian tribes. However, the instant Johnson County ob- 
tained its present name, near the close of 1879, it became well 
assured that an early effort would be made to organize it. This 
was important to the new town on the banks of Clear Creek since 
it wanted to be the county seat. And, during the following weeks, 
considerable thought was given in an effort to devise some means 
to choose a suitable name for the city. Yet, all failed until one 
evening late in 1880, Charley Buell, of the Occidental Hotel, came 
up with the solution. It happened in the Occidental bar after 
the matter again had been discussed by a group of the frontier 
citizens. It was Mr. Buell's suggestion that those present should 
write a name on a slip of paper to be deposited in a hat, and the 
one withdrawn would have the desired name. 

A young fellow by the name of Will Hart, of Buffalo, New York, 
wrote on his slip the name "Buffalo," after his home town. His 
slip was lifted from the hat, and without further ado that name was 



BUFFALO— ANCIENT COW TOWN 131 

selected. Some of the other shps contained such names as Conrad, 
Pollock, Lodge Pole, Absaraka and De Smet, but the name Buffalo 
took precedence, and has never been changed. The name was not 
taken on account of the buffalo herds always close at hand as so 
many have thought. 

On account of his part in the naming of the town, Hart gained 
some prominence, and was appointed to become the first post- 
master of Buffalo by President Rutherford B. Hayes. However, 
his position brought him more distinction than salary, since that 
was only $ 1 6 a year, and he had to furnish his office. After a time 
Charles Buell became postmaster and Hart dropped out of sight. 
Some years ago an effort was made to get some trace of him in 
Buffalo, New York, but nothing about him could be learned. It 
is only known that he came to Buffalo, Wyoming, before it was 
named, whh August Trabing, Charles Buell, Alex Bauman and 
Fred Alkie. No particular prominence was ever attached to 
Bauman and Alkie. Apparently, they were not heard of again. 

After the naming of the adolescent town, an effort was made 
toward the organization of the recently named Johnson County. 
The necessary 300 electors therein had petitioned the territorial 
governor to appoint three residents to act as commissioners for the 
organization. John R. Smith, of Crazy Woman, W. T. Peters of 
Powder River, and Charles A. Farwell, of Goose Creek, were 
selected by E. S. N. Morgan, acting territorial governor. Since 
it became their immediate duty to arrange for an organization 
election, it was held on April 19, 1881, and the county was duly 
organized on May 1 0th, of that year. 

At this election, Buffalo was chosen as the county seat, which 
pleased most of the electors, although there was some opposition. 
Wilham E. Hathaway, W. E. Jackson and Henry Devoe were 
elected county commissioners. Nat James was named sheriff, and 
N. L. Andrews county and prosecuting attorney. W. E. Holleman 
was high for county clerk, and Ken M. Burkett for assessor. E. U. 
Snider was chosen county treasurer and probate judge, while J. T. 
Wolf was ahead for superintendent of schools, and J. W. Daw for 
surveyor. Stephen T. Farwell, G. E. A. Moeller, H. R. Mann 
and M. L. Sarvin were named justices of the peace. 

The commissioners appointed to organize the county were all 
substantial citizens and well known throughout the Territory of 
Wyoming. John R. Smith in particular had been a prominent 
rancher since 1878 on a place twenty-two miles south of Buffalo, 
and well known as frontiersman and Indian fighter. His ranch was 
one of the first, if not the first, to be established in what is now 
Johnson County, and is presently owned and operated by his 
grandsons, Alfred L. and Robert C. Smith, the former now serving 
as one of the commissioners of Johnson County. 

In the general election of 1882, only J. T. Wolf was returned 
to office. It is not remembered why this was, since all the original 



132 ANNALS OF WYOMING 

officers apparently did well, except Nat James as sheriff and N. L. 
Andrews as county and prosecuting Attorney. Andrews, at the 
age of fifty-eight, was beyond the years when he relished dealing 
with the rowdy law breakers of that day, many of whom were 
highly vindicative when reminded of their errant conduct. More 
than that, he was not too well versed in the law. 

Nat James, the sheriff, and his deputy, Tom Farrell, had been 
cowboys for Frewen Brothers on Powder River, and not used to 
city ways. They were good men, but the high life of expanding 
Buffalo was too much for them, and their administration of law 
enforcement suffered. Since the county commissioners could not 
put them out of office, they made Frank M. Canton a deputy and 
stock inspector, and allowed him to hire as his deputy a little Texan 
named Jim Enochs. Canton and Enochs may have been somewhat 
blunt in their approach, and at times went beyond the accepted 
methods of law enforcement, but they had not been in office long 
before conditions improved amazingly. 

Canton, who was to play a stellar role in ths affairs of Buffalo 
and Johnson County, made his appearance in 1880 as a field 
inspector for the Wyoming Stock Growers Association. He re- 
mained in this position for a time, but eventually took a ranch 
eleven miles south of Buffalo and raised cattle. He was elected 
sheriff of the county in the general election of 1882, and appointed 
John McDermott as his undersheriff. He turned out to be a 
loyal and brave officer. Enochs was not appointed, since he had 
taken up ranching and did not want the job. 

At the same election, Henry S. Elliott was elected county and 
prosecuting attorney, which brought much greater force and 
strength to that office. He was a young man of marked ability 
and worked well with Sheriff Canton. And, it was well that this 
could be the situation, since improving conditions made better law 
enforcement a necessity. Johnson County was rapidly becoming 
the headquarters for many big stock raising concerns, and their 
protection against cattle thieves and other outlaws became of 
prime importance. 

One of the largest and best known of these outfits was the 
Powder River Cattle Company, managed by Moreton Frewen, an 
Englishman of high birth and superior education. Their most 
important brand was "76", and the company was generally known 
as the Seventy-Six. They ran in excess of 10,000 head of cattle. 

In 1882 the widely acclaimed live stock company of Hackney, 
Holt and Williams came to Johnson County. It was later to be 
known as the Wyoming Land & Cattle Company. This concern 
bought out Hi Kelly on Crazy Woman for $100,000, and estab- 
lished the Cross H Ranch four miles south of Buffalo, by home- 
steading all the land they could in the vicinity. This covered the 
location formerly occupied by the old Six Mile Ranch, and their 
road leading to Buffalo became known as the "Six Mile Lane". 



BUFFALO— ANCIENT COW TOWN 133 

The old roadhouse erected by Ed O'Malley and his associates 
became the headquarters building of the Cross H Ranch, and is 
so used today. At all times a long, low log structure, it is now of 
stucco finish and in a fine state of preservation. The shape and 
architecture have never changed, but frequent reconditioning has 
taken place. The Cross H also ran 10,000 head of cattle, or in 
excess of that. Hackney was a nephew of Sie Doty, of the Platte 
River country, who also maintained great herds of cattle. George 
A. Holt became an early day and highly respected druggist of 
Buffalo, and W. F. Williams, the third partner, was equally as well 
known and as highly respected. The descendents of both Mr. 
Holt and Mr. Williams still reside in Buffalo, and are all superior 
citizens. 

Some of the other huge outfits were Pratt & Ferris, whose brand 
was U Cross; the Western Union Beef Company, branding E K; 
the Murphy Cattle Company of the Flying E, whose range was a 
short distance northeast of Buffalo; and Pfeiffer & Copps of the 
Bar OP. Both E. W. Copps and W. C. Copps at one time resided 
in Buffalo, and the latter never moved. His descendents are also 
important and highly respected people. 

Although Buffalo was rapidly becoming the headquarters for 
many cattle companies, contact was never lost with Fort McKin- 
ney. Contractors residing in town still procured many tons of 
hay for the fort, and that enterprise was depended upon, but not 
in the same degree as formerly. Many stories have been handed 
down about these men who cut and hauled wild hay from the 
surrounding natural meadows. From these recollections it appears 
that some of the contractors did not consider it dishonorable to 
cheat the government, and did it in various ways. It was not 
uncommon to have a false bottom to a hay wagon filled with rocks 
to increase the weight of the load. Little checking at the post 
was ever done, and at $15 per ton, some contractors got away 
with much. Another operation was not to use the bridge across 
Clear Creek but the ford instead. This would thoroughly wet the 
bottom part of the hay load and cause a greater tonnage. There 
were, however, many honest contractors, and in the end these 
prospered the most. 

The year of 1882 undoubtedly saw a renewal of some of the 
original occupations, like serving Fort McKinney, as well as the 
approach of new and healthy enterprises such as caring for the 
needs of large stock companies. Moreover, a county had been 
organized and a general election held. All of this attracted wide 
attention, and one of those who quickly visualized an opportunity 
was Robert Foote, never to be forgotten as long as there is a 
Buffalo, or a Johnson County. It was in 1882 that he established 
an expansive mercantile establishment in Buffalo, at a place just 
across the street from the present location of the Johnson County 
Court House. 



134 ANNALS OF WYOMING 

The merchandise for the Foote store was freighted a distance of 
350 miles to Buffalo from Rock Creek, a depot on the Union 
Pacific Railroad, by a firm of freighters consisting of George A. 
Munkers and Eugene Mather. This firm was noted for its fine, 
sleek mule teams, its strong, shining sets of harness, and its hand- 
some, well-conditioned wagons. Its best known and most skillful 
drivers, or "mule skinners," were William P. Adams, John Adams 
and John King. On account of bad weather and muddy roads, it 
took thirty days for the trip, and often double teaming had to be 
resorted to — that is, two mule strings to pull one set of wagons. 
When one set of wagons could be brought in the clear, return was 
made for the second set. 

After reaching Buffalo these freighters sold their freighting 
business and settled down in the new town. The name Munkers & 
Mather soon afterwards became well known as hardware mer- 
chants, and dealers in tools, guns, camp equipment and wagons 
throughout a wide area. The wagon they handled was the Bain, 
which was generally considered as the very best. The store these 
gentlemen established has never closed, but it has gone under 
different names and been operated by different owners. 

In 1884, Eugene Mather was one of the founders and the first 
master of the Masonic Lodge in Buffalo, Anchor Lodge No. 7, 
A. F. and A. M. It still is strong and thoroughly founded. 

For a time W. P. Adams was employed by Robert Foote, and 
became so popular that he was urged to go into business for 
himself, which he finally did. He opened a grocery store in a 
building directly north of the Occidental Hotel, which eventually 
grew into the large grocery firm of Adams & Young. For years 
before the day of automobiles and trucks, this company outfitted 
all the large livestock outfits in the area with provisions. But, with 
the coming of the motor vehicle and hard surfaced highways, many 
of the former business concerns gave way to a newer type, and 
so it was with Adams & Young. 

John King was a prosperous rancher all his days in Johnson 
County, and owned a place very near Buffalo. His reputation for 
honesty and fair dealing was well known to everybody, and his 
friends were many. He was an unassuming man, and never strove 
to gain the spotlight, but still was widely known. 

The Foote store was a large log structure with a false front 
which bore the proclamation that Robert Foote was a dealer in 
"general merchandise". The building had an upstairs, and on its 
top sides there were rows of dormer windows to bring light to 
display the wares. On the first floor most of the selling was done, 
and there, from six in the morning until eight at night, busy clerks 
waited on trade. On the south side was a cool veranda for the 
accomodation and comfort of the Foote customers. During the 
afternoons on a nice day, it was not uncommon for the ladies of 



BUFFALO— ANCIENT COW TOWN 135 

the town to assemble there, too, for a rest and visit. They were 
invited to do so. 

Robert Foot was born in Scotland in 1832, and was fifty years 
old when he reached Buffalo. Although he had lived in the United 
States for many years, he had never lost his broad Scotch burr 
when speaking, and was noted for it. Shortly after 1 870, and be- 
fore he settled in Buffalo, he had been the sutler at Fort Halleck 
in Carbon County, Wyoming. While holding this position, he had 
occasion to be freighting some wares to his store, when he was 
set upon by a band of thieving Indians. Since he was completely 
overpowered, he was quickly robbed of everything and left strand- 
ed. While sometime later the Government covered his loss, he 
never forgot the ruthless leader of the Indians who had taken his 
merchandise. He hoped the time would come when they would 
meet again, and it did. It came at Fort Laramie one summer after- 
noon. While he was resting, and looking from an open window 
of one of the barracks, he saw this Indian crossing the parade 
ground. With little ado, Mr. Foote shot him dead with his heavy 
dragoon pistol. Under the circumstances, nothing came of the 
incident. Afterwards he became a hay contractor in the Elk 
Mountain country near Fort Halleck, and was so occupied when 
he decided upon the move to Buffalo. 

In sharp contrast to the habiliment of the cowboys in high 
heeled boots, tight overalls and broad brimmed hats, and the 
frontier costumes of the bull workers and mule skinners, Mr. 
Foote was always a specimen of highly tailored splendor. Anytime 
he appeared on the dusty streets of Buffalo, he was attired in top 
hat. Prince Albert coat and striped trousers. He was, moreover, 
an object of tonsorial magnificence with his long white beard 
carefully combed, and his footwear highly polished. And he 
never appeared without his fine walking stick, which he handled 
with deft and natural ease. 

The Foote store was destroyed by fire in 1895, and from then 
on the family fortune dwindled until all its members moved to 
other parts. However, Byron, the youngest son, returned to 
Buffalo in 1931 to become county treasurer of Johnson County, 
which office he held until 1936. Afterwards he dropped from 
sight and died about 1950. Robert, the oldest son, lived in Ash- 
land, North Carolina, for many years, and recently died there at 
the age of ninety. Both Foote and his wife died in Arizona about 
1925. 

In the early days of Buffalo, Robert Foote was a leader and a 
dominant character, but in the spring of 1883, he was to become 
acquainted with a staunch opponent in the person of Charles 
Henry Burritt. Suave and confident, yet personable, Mr. Burritt 
came to Buffalo to open a law office, and was successful from the 
beginning. He was a native of Vermont and a product of Brown 
University. Black-bearded, tall and straight, he immediately de- 



136 ANNALS OF WYOMING 

manded attention and respect. Always garbed in black frock coat, 
neatly fitting vest and striped trousers, he bore the stamp of train- 
ing and polish, and exhibited it without effort or exertion. A 
heavy plain gold ring on the little finger of his left hand glittered 
as he frequently swept the air to emphasize a sharply worded point, 
and when speaking he was generally heard. 

Although only twenty-nine years old when he came to Buffalo, 
he soon became attorney for John H. Conrad and Company, as 
well as for several of the larger Johnson County cattle companies, 
which did not endear him to Mr. Foote. The Foote enterprises 
never catered to the mighty stock barons, nor to Mr. Conrad, who 
was their friend and backer. Mr. Burritt had no fads. His great- 
est ambition was to further the interest of his clients and those 
represented, but Mr. Foote was never his client. Charles H. 
Burritt became the second mayor of Buffalo, in which capacity 
he served fearlessly and energetically for eleven years. Largely 
through his efforts, Buffalo had water works and electric lights at 
an early date, as well as a flouring mill. 

In 1889 he was a member of the Constitutional Convention in 
which he took a leading part in preparing the constitution for the 
new State of Wyoming. He also served as chairman for two 
committees: Rules, and Emigration and Agriculture. There was 
one committee member from each county, and he was selected as 
chairman of each. Coming from far-off Johnson County, 125 
miles from a railroad, this was considered quite a feat and a 
singular honor. For the benefit of his stock raising clients at 
home, he sought to become a member of the Stock Raising and 
Stock Laws Committee, and served with distinction. While ex- 
ceedingly busy with his many duties, he still had time to serve as 
one of the leaders in advocating woman suffrage. 

In 1891 he served in the last Territorial Legislative Assembly 
and in 1 897 he served as the representative of Johnson County in 
the Fourth State Legislature. In this group he was the Democratic 
leader, and one of the principal members of a committee to propose 
a criminal code for Wyoming. It was carefully prepared and 
remedied several defects in the operating statutes. 

The official records of Johnson County exhibit many specimens 
of Mr. Burritt's skill in drafting legal documents of all kinds. Each 
is a model of arrangement and clarity, as well as precision and 
accuracy. No errors have ever been found. 

It cannot be denied that Buffalo had unusually capable citizens 
even in 1883. Robert Foote, and Charles Henry Burritt were two 
of them. They operated in different fields, and were not close 
friends, but as individuals their efforts were noteworthy and power- 
ful. Although Buffalo was famous for its many saloons, its 
dance halls, and other resorts of pleasure and recreation, it could 
boast of many substantial citizens, and business concerns and 
energetic enterprises. 



BUFFALO— ANCIENT COW TOWN 137 

On August 2, 1883, the Echo was established in Buffalo by a 
stock company. It was the oldest newspaper north of the Platte 
River, and the only one in a radius of several hundred miles. Its 
first editor was T. V. McCandish. 

Dr. R. E. Hollbrook became Buffalo's first dentist in 1883, and 
had a flourishing practice. C. P. Organ & Company established a 
hardware and implement store, and soon became well known 
dealers. George L. Holt, of the Cross H Ranch fame, started the 
first drug store, which was managed by W. A. Feiser. R. H. Lynn 
was the first saddle and harness maker, while Billy Hunt and 
James Convery conducted rival livery and feed stables. A barber 
shop was set up by Webster and Piatt, and a restaurant by R. V. 
Stumbo. S. T. Farwell had conducted a cigar and tobacco store 
since 1881, and two years later was still doing well. 

Another noteworthy event took place August 9, 1883. This 
was the birth of Helen Buell Pool at the Occidental Hotel, a daugh- 
ter of Charles E. and Jennie Herrick Buell. She was the first 
white girl born in Johnson County, and of course, the first in 
Buffalo. 

a\11 of these events were taking place, or had taken place, before 
Buffalo was incorporated, and before it had any legal governing 
body. But on March 3, 1884, a charter was approved by the 
Territorial Legislature, and Buffalo officially became a city, at 
least in name, with provisions for a council and other officials. 
It also was empowered to pass ordinances, and to conduct its 
affairs in a regular and orderly manner. 

Harvey A. Bennett was elected the first mayor and served one 
term of two vears. He was a native of Tennessee. It appears 
that he did not seek a second term, but moved away from Buffalo, 
and within a short time dropped from sight and was not heard 
about. Charles H. Burritt was elected the second mayor, and held 
the office until 1897. 

On July 3, 4, and 5, 1959, Buffalo celebrated the 75th anniver- 
sary of its incorporation with a giant jubilee, and entertained over 
22,000 guests. Provision was made for the reunion of all the old 
timers who could come, and Helen Buell Pool was one of them. 
During the three days of this event the entertainment was contin- 
uous all day and most of the night. The event will very long be 
remembered, and some of the young people are talking about the 
one to take place on the same dates in 1984, when Buffalo will be 
100 years old. 

Until 1884, there had been no plan for laying out streets or for 
locating building sites. There had been some semblance of doing 
both, but all efforts had been primitive and without regard to 
regularity or arrangement. Most of the building had been done 
on the desert claim of Major Verling K. Hart. He was com- 
manding officer of Fort McKinney from 1882 until the time of his 
death at the post on February 17, 1883. His claim was just east 



138 



ANNALS OF WYOMING 



of the military reservation, and proof was made by his widow, 
JuUet W. Hart, who was granted patent on June 19, 1884. She 
wasted little time in platting what is now known as the original city 
of Buffalo, and on July 29, 1884, dedication was legally effected 
and the plat filed. 

Adjoining the Hart Desert on the south was one of Nathanial G. 
Carwile who received final receipt on June 5, 1884, and platted 
Carwile's Addition to the City of Buffalo before receiving patent. 
Dedication was made and the plat filed on August 4th of that year, 
but patent was not received until August 10, 1889. 

To pattern these plats to conform to the crooked streets and 
irregular building sites was a feat of civil engineering. When build- 
ings were erected, little attention had been given to location and 
measurements, which later on brought to light considerable over- 
lapping, or places where lots did not meet and join. As the town 
grew and more building was done, pie shaped pieces of no man's 
land often turned up, or at times there was not land enough to 
comply with the measurements on the plat. For many years these 
irregularities kept the abstractors and lawyers busy. 

In 1 884, the problem of furnishing water to the people of the 
town was a problem, but was solved by the construction of a high 
wooden tank on a high knoll in south Buffalo, for years affection- 




Harvey A. Bennett, First Mayor 
of Buffalo 
Courtesy of Burton S. Hill 



July 4th, 1888, in Front of 
Occidental Hotel 
Courtesy of Burton S. Hill 



BUFFALO— ANCIENT COW TOWN 139 

ately known as Tank Hill. Even today this mound is occasionally 
still so designated. Water was brought to the tank by the Carwile 
Ditch, and transported to barrels at everybody's back door. For 
years a very large, black-bearded man named Norman Davis 
hauled the water, and those of us in the seventy year bracket can 
well remember his daily visits with the water wagon. 

With the exception of furnishing an addition to the city of 
Buffalo and ditch water to the tank, Nathanial G. Carwile, gener- 
ally known as "Nat", shows up only occasionally. He and James 
B. Lobban were brothers-in-law, and lived side by side in two of 
the finest homes in south Buffalo. Carwile married Lizzie Green 
and Lobban married her sister, Fannie, two very popular and 
prominent young women, first of Big Horn and later of Buffalo. 
The Carwiles and Lobbans had business dealing, and probably 
worked together, but Mr. Lobban always took the lead. However, 
Carwile was county clerk of Johnson County from 1882 until 
1886. He moved from Buffalo during the early nineties. 

It was also in 1884 that the Johnson County Court House was 
erected. It is still very much in use for the offices of the county, 
and the district court of the Fourth Judicial District. Over the 
years many repairs and improvements have been made, but its 
general design has never been changed. Coal stoves have been 
replaced by central heating, and oil lamps by electric lights. Also, 
many modern devices have been installed to keep the county 
records. Title to the land upon which the building rests, and where 
Ed 0"Malley's Lone Star dance hall once stood, was conveyed to 
Johnson County by warranty deed from Juliet W. Hart on August 
6, 1884, and recorded in Book 1 of Deeds, at page 97, records of 
Johnson County. 

Some years back the recollection of many settlers was often 
turned to a community dance given on the first floor of the court 
house during the summer of 1884. No partitions had yet been 
installed, and the building was otherwise in an uncompleted state. 
Light was provided by lanterns, and a platform was erected for the 
orchestra at the west end of the floor. The sun was just topping 
the Red Hills when the party broke up, after an unusually long 
remembered occasion had come to a close. All of the old timers 
used to like to talk about it, none of whom are living today. 

Many famous cases have been tried in the court room of the 
Johnson County Court House, and many noted outlaws brought to 
justice. Many able judges have presided over these proceedings, 
and have heard the arguments of numerous splendid lawyers. Yet, 
of all the many trials held in the Johnson County Court House, 
one of the longest to be remembered was the prosecution of Wil- 
liam Booth in 1885, with Judge Jacob B. Blair presiding. Booth 
had murdered an old German bachelor by the name of Jake 
Smearer, who had lived in the Red Hills, eight miles southeast of 
Buffalo on a little hay ranch. 



140 ANNALS OF WYOMING 

After Jake's body had been found by a colored man named 
Burrell Madden, better known as Nigger Steve, Frank Canton, 
then sheriff of Johnson County, tracked Booth down and brought 
him to jail in the county court house. In Canton's autobiography, 
entitled Frontier Trails, he related the several schemes of the mur- 
derer to escape before being brought to trial, but no prisoner ever 
escaped the jail of Sheriff Frank M. Canton. Moreover, this wily 
o'ticer got a written confession out of Booth. 

Attorney H. S. Elliott, who had been appointed to defend Booth, 
was able to get a ninety-day stay of execution to the verdict of 
guilty of murder in the first degree, but no error was found. 
Accordingly the death sentence handed down by the court was 
carried out just before noon on Friday, October 2, 1885. A gal- 
lows had been erected just outside the west door of the court house, 
and from it Booth was hanged, with Sheriff Canton in charge. 
Booth was the only convicted man ever hanged in Johnson County. 

In telling the story of Buffalo, of course the boisterous and 
turbulent frontier part of it cannot, and should not, be omitted, 
but there was another side. At an early date, many of the towns- 
people were cultured and refined, and lived in modern, well ap- 
pointed homes. In some cases they were the families from the 
large cattle companies, and in others, those who had chosen a new 
country in which to make a start. 

.Mmost from the beginning it was not uncommon to see stylishly 
dressed ladies down in town with lace fringed parasols and fine 
mesh face veils. With ease and grace they wore the fashions of 
the far away cities from whence they had come, and carried with 
them an air of respectability and superior grace. And at some of 
the benefits and affairs given in the parlors of the Occidental Hotel, 
the gentlemen would appear in white tie and tails. This was not 
an uncommon attire in those days. 

By precept and example the high standards at Fort McKinney 
may have had something to do with the conduct and manners of 
the better class in town, but it was remarkable. During the long 
summer evenings it was not uncommon to view a string of shining, 
well turned out rigs drawn by spans of smartly groomed horses 
headed for the fort. They were making haste to be on hand to 
witness a snappy dress parade at sundown, or perhaps to hear a 
band concert by the renowned 5th Cavalry band. Following the 
music, there were often other forms of entertainment, which the 
officers provided for their city friends. Throughout the entire 
existence of Fort McKinney there was a rare feeling of comrade- 
ship between the military personnel and the townsfolk, and there 
was much mingling between them. 

The first chaplain at Fort McKinney was George Simpson, who 
was well known and well liked in Buffalo where he occasionally 
held service. Major Terrill, the post surgeon, occasionally collab- 
orated with the local doctors in cases of serious illness, and after 



BUFFALO— ANCIENT COW TOWN 141 

1884, Dr. John H. Lott, a contract post doctor, answered emerg- 
ency calls in town. He became a resident in 1895, and for many 
years afterwards was a leading physician in Johnson County. 

At a very early date Dr. John A. Watkins commenced the prac- 
tice of medicine in Buffalo and was looked upon as one of the 
leaders of the community. The Watkins family occupied one of 
the fine houses of Buffalo where they lived in dignified Victorian 
aloofness. Both Dr. Watkins and his wife came from New Eng- 
land where they had been fastidiously brought up and educated. 
They had been trained to accept only the best, which they received 
in Buffalo in the truest frontier effort. In spite of their lofty man- 
ner and New England accent, they were accepted and respected. 
Dr. Watkins was frequently called upon to collaborate with the 
medical men at Fort McKinney when serious sickness occurred 
there. All considered, Buffalo was fortunate in times of illness 
or disease to have trained help both from town and the fort. 

To Harriet Watkins, and Mary, her sister-in-law, together with 
Peter and Jennie Lothian, can go a great part of the honor for the 
establishment of the Union Congregational Church in Buffalo. 
Their efforts commenced in January of 1883, when Reverend 
George C. Rock was sent to investigate and recommend. 

Rev. Rock turned out to be a very congenial person, and during 
his short stay rapidly became acquainted with many people, one 
of whom was fun-loving Sheriff Nat James.' During one of their 
visits. Nat asked the young minister if he would not like a horse- 
back ride, which invitation was readily accepted. Since the matter 
had been carefully prearranged, many cowboys were on hand to 
witness what was anticipated to be quite a spectacle. Nat's outlaw 
cayuse, called Whiskey Tim, was to be Rev. Rock's mount, and 
with polite ceremony the grinning cowboys helped with the bridle 
and saddle. "Hold his head up", was Nat's only warning as Rock 
climbed aboard, but before he had an opportunity to heed any 
warnings, made seriously or otherwise, he was high in the air on a 
real bucker. But as Whiskey Tim pitched in a vicious circle, the 
boys did not witness what they confidently expected would happen. 
Rev. Rock rode the horse like a master, and when the bucking was 
over, he stepped to the ground as if nothing unusual had happened. 
Instead of an object of ridicule, as had been intended. Rev. Rock 
became the center of congratulations and a frontier type of respect. 

Even without solicitation, contributions flowed in from all sides 
for the benefit of the new church. Nat James passed the hat 
throughout the town, and nobody contributed less than a dollar 
for the cause of the popular young minister. 



1. Although Frank M. Canton succeeded Nat James as sheriff, James 
retained this title for a long time. 



142 ANNALS OF WYOMING 

After the Rev. Rock episode, Rev. Addison Blanchard, superin- 
tendant of admissions for Colorado and Wyoming, made several 
visits to Buffalo in the interest of the Congregational Church. The 
first of these was in December of 1883, and on October 12, 1884, 
the church was organized, being the first in Buffalo. Its first 
members were: G. E. A. and Clara Moeller, Peter and Jennie 
Lothian, Harriet and Mary L. Watkins, Gabriel Scott and Thomas 
B. Hutton. 

The first minister of the newly organized church was Rev. J. E. 
Sparrow, who remained from January 11 to June 30, 1885, but 
during those six months, he gained such unusual respect throughout 
the entire community that he still is remembered and revered. He 
was followed by Rev. J. E. Smith, who remained two years and 
matured plans for the building of a church. While he remained in 
Buffalo, the church organization purchased the lots upon which 
the present day church stands. They purchased them from Juliet 
W. Hart for $150 but it was not until July 3, 1887, that the church 
was completed, and on that day welcomed the first meeting. This 
was during the term of Rev. W. J. Skelton, who had the honor and 
distinction of preaching the first sermon in the new church. 

Before the summer of 1887, the parish held its meeting in the 
log school house which stood adjacent to the northwest corner of 
Main and Fort Streets, a location now occupied by the Pioneer 
Lumber Company. It was here one Sunday while a communion 
service was being held that an Indian, shading his eyes with his 
hands, fitted his face against a window pane and intently peered in. 
This gave the congregation considerable concern, but when he 
walked in, came to the front, drank the sacramental wine and 
ate the bread, nobody so much as moved a muscle. Relief came 
only when the intruder departed as solemnly as he had entered. 

St. Luke's Episcopal Church was the next to get under way. It 
had its beginning in 1884 when Bishop John F. Spalding, of Colo- 
rado, came and made an effort to organize an Episcopal mission 
to be known as St. Luke's. The first service was held in a private 
home, after which Henry S. Elliot, second county attorney, Richard 
Ualey, a business man, and Major Stone, of the 21st U. S. Infantry 
of Fort McKinney, acted as lay readers. 

The St. Luke's Guild, still very alert and capable, was founded 
with Mrs. Earnest W. Copps as president. To assist her was ap- 
pointed Mrs. Ephram Smock, Mrs. Terrill, wife of the post sur- 
geon, Mrs. E. \j. Snider, wife of the post sutler, Juliet W. Hart, 
widow of Major Veiling K. Hart, and others. Mrs. H. R. Mann, 
one of Buffalo's early teachers, was elected treasurer. 

Similarly to the founding of the Congregational Church, the first 
meetings of St. Luke's were held in the log school house. Bishop 
Spalding held a service there as early as 1883. Sometime later 
than that. Post Chaplain G. W. Simpson, of Fort McKinney, held 



BUFFALO— ANCIENT COW TOWN 143 

services at the same place every Sunday at 3:00 o'clock in the 
afternoon. 

After St. Luke's was organized, many schemes were evolved to 
raise money to keep it going. One of these, often talked about, 
was a masquerade ball given by the Guild in 1885. It was held 
at the court house, and music was furnished by a band from Fort 
McKinney. It was a brilliant affair, with the officers and wives 
from Fort McKinney as guests. Quite a neat sum was raised. 

Rev. F. C. Eldred was the first rector, and the church was com- 
pleted in 1889. The grounds came from Juliet W. Hart for $500, 
but, for the building and furnishing, much credit must be given to 
the personnel at Fort McKinney. The bricks which went into the 
structure were made in Buffalo by Curran Brothers, and the mas- 
sive beams in the ceiling were hewn at the sawmill of Martin 
Woodard in the forests of the Big Horn mountains. The church 
today is much as it was in 1889. It has been well kept up and 
improved. 

At an early date, several fine churches were organized at 
Buffalo, such as the Catholic and Methodist, but credit must be 
given to the Congregational and Episcopal for being the first. 

Several references have been made to the log school house just 
north of the Fort McKinney road on Main Street. It was demol- 
ished so long ago that no recollection of it now remains, but once 
it was an important edifice. Besides church meetings, it was fre- 
quently used as a town hall and a court house. Early weddings 
took place there and even an occasional funeral when the parlor 
of the Occidental Hotel was not used. But after 1884, when a 
large addition was built to the hotel, providing greater facilities, 
the school building was not in great demand. Early meetings were 
also held in Ed O'Malley's dance hall after the county acquired 
the property, and before the court house was erected. It was, in 
fact, the first county building. 

The earliest available school records, going back to 1883, show 
Mrs. Minnie F. Mann to be the first Buffalo school teacher. How- 
ever, there is reliable evidence that a man by the name of Wolf 
conducted classes for a few pupils earlier than 1883. The late 
Alfred M. Smith was one of them. School was held in a small 
building on a site just across the street, opposite the present First 
National Bank Building. 

Mrs. Mann was the wife of Horace R. Mann, a prominent civic 
leader, an early county commissioner, and court official. Next 
came Mary S. Watkins, sister of Dr. Watkins, highly respectable 
and proficient. Her pupils used to be awed by her New England 
accent and queenly manner, but apparently they liked her. If she 
felt out of place in the little log school house, the fact was never 
known. 

At a slightly later period, Minnie Whittington conducted the 
classes. Even during her tenure one teacher administered to the 



144 ANNALS OF WYOMING 

educational needs of some twenty pupils ranging in ages from six 
to sixteen years. Following her came soft-spoken, gentle Mary 
Winters, still quite fondly remembered by a remaining few of her 
former pupils, all now in the eighty year bracket. 

Some of the students of this frontier school were Robert and 
Byron Foote, sons of Robert Foots the merchant; Alonzo Taylor, 
of Johnson County War fame, although then only a boy; Albert 
Holland, father of William C. Holland, a present day Buffalo 
attorney, and a son of W. H. Holland, a county commissioner in 
1882, and one of the promoters of the first Johnson County fairs 
in 1884; Roy Munkers, son of George Munkers, early day freighter 
and hardware merchant, and Antone Fischer, whose father was 
one of the first Buffalo residents. He came very early in 1879. 

Classes were held in the little log school house until 1887 when a 
larger brick structure was erected on the present site of the 
sprawling school plant of District No. 2, with its wide auditorium, 
its well stocked Ubrary, its numerous class rooms, and its yellow 
school buses to carry many of the school children to school in the 
morning and home in the evening. 

Buffalo suffered its first major set-back during the devastating 
winter of 1886-87, when long periods of sternly severe and un- 
sparing sub-zero weather decimated the cattle herds of Johnson 
County. When spring finally came, and the enormous losses were 
definitely known, all of the big companies were required to lay off 
numerous cowboys and other employees. After a time some of 
these men found employment in other states, while others searched 
the range for mavericks to brand for their former employers at a 
stipulated fee. Still others branded mavericks with their own 
irons, and after a time did iiot even stop at that, but included 
cattle known to belong to the big companies. In many cases when 
arrests were made for this type of stealing, the thieves were not 
prosecuted., or were released by the juries. The big companies 
bitterly complained about these lax and remiss conditions. They 
caustically referred to the enormous taxes they paid to the counties 
while receiving little in return, and scarcely any protection what- 
ever against the growing number of range thieves. One of the 
results was the Johnson County War, coming on in 1892. 

Another situation not looked upon with favor by the big com- 
panies was the homesteads being taken up along the streams where 
the grass had been the best. Yet, many of the homesteaders were 
honest law abiding citizens who were attempting to get a start in 
the new country. What they had brought together was often 
accomplished only by hard work and fair dealing; but they, along 
with others who were not so fair in their dealings, became generally 
known as rustlers They were often not in the favor of the 
cowmen. 

In some of the other western states the same conditions had 
prevailed, but were worked out to a mutual advantage. Since 



BUFFALO— ANCIENT COW TOWN 145 

there were capable and intelligent Wyoming men on both sides, 
it has been an unanswered question why they could not have 
worked it out, bringing justice and fairness to all. Yet, along 
with the lawlessness, the devastating effect of an overgrazed range 
was another unwelcome condition. 

Along with suffering the evil effects of range conditions in 
Johnson County, the growing town of Buffalo was doomed to 
become further and more extensively involved. Fort McKinney, 
one of its most reliable assets, had dwindled to two troops of the 
Ninth Cavalry and one company of the 21st Infantry. And then 
Troop H of the Ninth Cavalry was withdrawn. When the company 
of the 21st Infantrv had been replaced by a company of the Eighth 
Infantry, it had become generally known that the post was sched- 
uled for abandonment to become effective in the summer of 1890. 
Orders finally disposing of the garrison were painfully awaited 
when help came from an unexpected source. 

Without warning the Messiah craze appeared among the Indians 
of the Northwest who became convinced that a Messiah was com- 
ing to restore their lost domains. They believed that the ghosts 
of their dead would return to life on earth and that the country 
would be restocked with game. Then the white man would be- 
come overwhelmed, and a happy paradise would be provided for 
the red man. 

Along with troops from other forts, the troop of the Ninth Cav- 
alry, accompanied by a pack train organized by Charlie Round, 
left Fort McKinney November 21, 1890. Only Captain Savage, 
with a solitary company of the Eighth Infantry remained at the 
fort, which gave rise to alarm in town. Many of the citizens were 
giving serious thought to what might happen in case of an attack 
by some of the crazed Indians not too far away. And their fear 
became intensified at the appearance of clouds of black smoke 
from behind the hills to the north. Many took this to be Indian 
smoke signals and felt that momentarily something of a dreadful 
nature would happen. But when it was learned that the smoke 
came from brush being burned by some ranchers up that way, 
great relief settled down and a few bright faces began to appear. 
Soon aftei-wards came the report of Sitting BulFs arrest and death 
by the heroic Sioux scouts, their rescue by Major Fechet of Fort 
McKinney, and the battle of Wounded Knee, in which the Seventh 
Cavalry took a prominent part. They avenged the Custer defeat 
of 1876. 

On February 4, 1891, the Fort McKinney troops returned and 
there was great rejoicing in Buffalo. Not only was the Indian 
scare over, but the fort was saved from abandonment, at least for 
the time being. However, some of the credit for its staying should 
go to the telling efforts of the Buffalo Bulletin, a newspaper estab- 
lished not long before, and to the Wyoming delegation in Congress. 

Hardly before the townspeople of Buffalo had recovered from 



146 ANNALS OF WYOMING 

their fears of renewed Indian trouble, another shock was in store 
for them. This came with the news of the death of Orley E. 
(Ranger) Jones who was shot from ambush on November 28, 
1891, at the Muddy Creek crossing about fifteen miles south of 
Buffalo. He was a popular young man of 23 years, with plans 
soon to be married. Two days later John A. Tisdale, 39, another 
popular rancher, was killed at Haywood's Gulch, now known as 
Tisdale Gulch, eight miles south of town. He was on his way 
home from Buffalo with Christmas gifts for his wife and three 
children. Many of the townspeople took these kiUings to be a 
resumption of the bitter feeling between the cowmen and rustlers, 
and thoroughly believed that the two murders were committed by 
gunmen hired for the purpose by the big stock owners. But 
nothing could ever be proved. Frank M. Canton, former Johnson 
County sheriff, was accused of the two murders, but particularly of 
Tisdale's. This was partly because there was known to have been 
a bad feeling between the two men dating back to their days in 
Texas. Moreover, while passing along the saddle path across the 
gulch that morning, Charles E. Bash heard the shots that killed 
Tisdale, and immediately came upon a man masked with a hand- 
kerchief whom he took to be Canton. But, close by was an 
unmasked man standing by his horse whom he could never 
identify. In his autobiography, Canton says he was arrested at 
his own instance, "to refute the slander" that he was guilty. He 
claims that he was able to account for every minute of the time 
during the day Tisdale was killed. At all events, the case against 
him was dismissed. 

The feeling in Buffalo was still running high when the Johnson 
County Invasion really got under way the morning of Tuesday, 
April 5, 1 892, with the arrival of a train at Cheyenne from Denver. 
It was a special train, with the blinds pulled down in its passenger 
coach. There was also a baggage car, and a flatcar loaded down 
with wagons and camp equipment, and three stock cars carrying 
horses. 

In the passenger coach there were twenty-five men who had 
been hired for the occasion. They were mostly Texas gunmen, 
including former sheriffs, deputies, marshals, and others with iron 
nerves and expert with a rifle. 

At Cheyenne, twenty-five- Wyoming men got on the train. 
They were cattlemen, ranchers, top foremen and live stock detec- 
tives. Among them was a doctor, a Chicago newspaperman and 
one from Cheyenne. 

As originally planned, the hired mercenaries were to undertake 



2. Asa Mercer in The Banditti of the Plains states that 30 were hired 
and 20 men got on the train at Cheyenne. Other sources give no definite 
numbers. 



BUFFALO— ANCIENT COW TOWN 147 

the invasion, but later an equal number of ranchers and cowmen 
agreed to go. Often in later years, some of the members of the 
Wyoming group took pains to explain their actual purpose. They 
were to take Buffalo, seize the arms of the militia in the court- 
house, arrest those known to be rustlers and call a mass meeting 
of law-abiding citizens. They expected to confess their opposition 
to the settlers coming into the country, and offer to make amends 
for their wrong doing. They planned to gain the cooperation of 
the honest settlers in protecting property then being stolen almost 
without restraint. It was further their plan to post a list of the 
confirmed thieves and give them twenty-four hours to leave the 
country under penalty of death. 

In his book. Canton tells that the invaders had warrants for the 
arrest of certain rustlers, but there was never any other evidence 
of it. However, the invaders did have a list of nineteen-^ men 
whom they considered ringleader rustlers, and whom they con- 
sidered the country would be better off without. 

As the little army moved along, telegraph wires north of Douglas 
were cut to prevent the sounding of an alarm. At Casper, I20 
miles south of Buffalo, the train was unloaded of its passengers, 
wagons and equipment, and a start was made northward toward 
Buffalo. 

After two difficult days of traveling, with sundry mishaps, the 
invaders arrived at Tisdale's TTT Ranch on the South fork of 
Powder River.^ While they rested there Mike Shonsey, foreman 
of the Western Union Beef Company ranch, brought the news 
that he had slept the previous night in a cabin on the KC Ranch 
where Nate Champion and Nick Ray were staying. He said that 
about a dozen of the men whose names were on their list had been 
at the cabin that night. 

After hearing Shonsey, a lively discussion arose among the 
invaders as to the advisability of stopping off at the KC Ranch, 
1 8 miles northward, before moving on to Buffalo. It was argued 
by a few that the opportunity of doing away with some of their 
most wanted enemies at Nate Champion's cabin should not be 
overlooked. Among these was Major Wolcott, in command of the 
expedition, while Fred G. S. Hesse, former manager of Frewen's 
"76" Ranch, and Frank M. Canton, stoutly opposed it. F. H. 
Labertaux, C. S. Ford, A. C. Cambell and one or two others sided 
with Hesse and Canton, but a vote of the cattlemen taken by 
Wolcott proved to be in favor of going to the Nolan KC Ranch. 
Canton still maintained that it would be a serious error, which 
for them it turned out to be. It led to the complete failure of the 



3. Robert B. David in Malcolm Campbell, Sheriff, states that Major Wol- 
cott had a list with seventy names typed on it. 

4. John N. Tisdale, State Senator from Johnson County. 



148 ANNALS OF WYOMING 

expedition. When the original plan was abandoned, a Johnson 
County rancher, H. W. Davis, and Dr. Charles B. Penrose, of 
Philadelphia, left the group, and some of the Texans were showing 
obvious signs of restlessness. Faced with the reality of shooting 
men trapped in a cabin gave rise to a serious and revolting con- 
templation. But that night in a howling April blizzard-^ the main 
body, including the Texans. rode out toward the KC Ranch. They 
plodded along in small groups, cold, quiet, lonely and irritable. 

When the invaders finally reached their destination on the 
Middle fork of Powder River they succeeded in taking their 
one and only objective. They got Nick Ray, surprised and 
trapped, and finally Nate Champion. After Ray was killed, the 
story of Champion's all day defense against overwhelming odds 
has become a western classic. 

During the day while the invaders were trying to dislodge Cham- 
pion, Jack Flagg, who was considered to be a rustler, passed along 
his way to the Democratic State Convention at Douglas. He was 
riding leisurely along about fifty yards behind a wagon driven by 
his seventeen-year-old stepson, Alonzo Taylor, when fired upon 
by the group at Champion's cabin. Upon realizing the seriousness 
of the situation, he fled to the wagon, slashed the tugs holding the 
team, and with Alonzo made a miraculous escape. 

The wagon Flagg had left behind was then pushed against the 
cabin with a load of burning hay and pitch pine wood. This fired 
the cabin and forced Champion out, who tried to reach a little 
draw to the southward, but was felled by a rifle fusillade from the 
nearby invaders. From his blood-soaked body they took his gun 
and other belongings, and in his bullet riddled vest they found the 
famous diary he had been keeping during the long day he held his 
cabin. 

While the firing was going on at the K C Ranch, Terrence Smith, 
a nearby rancher, rode to Buffalo to give the alarm, and before 
long Jack Flagg also appeared to tell his story. In the morning, 
which was Sunday, April 10th, when it was learned that the 
invaders were on their way to town, mounting apprehension and 
anxiety took possession of the people. Robert Foote, the well 
known merchant, mounted on his celebrated black horse, with his 
long white beard flying in the breeze, dashed up and down the 
streets exhorting the citizens to take up arms against the approach- 
ing enemy. Even more, he threw open his store, inviting them to 
load up with supplies, ammunition, stickers, blankets, flour — any- 
thing he had they could use for the defense. Within an hour a 
hundred men were under arms, and Buffalo had taken on the 
appearance of a military camp, with churches and schools turned 



5. Accounts differ as to the weather, but all agree that it was bad. 



BUFFALO— ANCIENT COW TOWN 149 

into headquarters for the steadily arriving recruits. The women 
of the town baked bread and cake for the growing civihan army, 
and other preparations were made for their needs and comforts. 

In the meantime, a rider on a lathered horse rode out from 
Buffalo to warn the invaders that the town was in a state of 
aroused excitement and uproar, and that they had better turn back 
if they valued their lives. Riding far in advance of their supply 
wagons, from which they were cut off, and being close to the 
TA Ranch 15 miles south of Buffalo, they hurriedly turned in 
and took refuge in the large ranch house. Here as well as possible 
they prepared themselves for the seige by cutting portholes in the 
walls of the outbuildings, and deploying their forces. 

At this same time a tensely determined and well armed deputa- 
tion from Buffalo under the direction of Sheriff W. S. ("Red") 
Angus was on its way to effect a showdown. But by the time they 
ariived, their number had grown to 250 or more, and soon the 
seige was on. Almost at once Arapahoe Brown had made himself 
the sheriffs chief lieutenant, and from the beginning was able to 
keep the minds of assembly at a high pitch of hostility as the hours 
moved along. Since Brown was not noted for his generosity or 
compassion, the situation soon developed into one of giving no 
quarters. 

As the plight of the invaders became more desperate, one of 
their number was able to slip through the lines on the night of 
April 12th and get word to Cheyenne of their hapless stand. And, 
on the morning of the 1 3th, three days after the seige had started, 
troops of the 6th Cavalry from Fort McKinney, under the com- 
mand of Colonel J. J. Van Horn reached the scene. This was done 
on orders from President Benjamin Harrison. The invaders sur- 
rendered to the troops and the seige was over. 

An attempt was made to prosecute the forty-six prisoners of the 
troops for murder, but after Johnson County ran completely out 
of funds for their care and maintenance, the case was dismissed. 
Another reason was the inability of the Cheyenne court to empanel 
an unbiased jury. A change of venue had been taken from John- 
son to Laramie County, and after January 3, 1893, when the trial 
commenced, over 1,000 veniremen had been examined. Still, only 
eleven men were able to qualify. 

Two days after the surrender at the TA Ranch, the funeral of 
Champion and Ray took place in Buffalo, as did that of Dr. John 
A. Watkins, the coroner, who died while holding an inquest over 
the remains at the KC Ranch. Tension was running so high that 
when the regular church organist failed to appear, the organ was 
played by Lillian Hogerson Baker, then a girl of only fifteen, but 
unafraid. The funeral of Champion and Ray was so large that 
it was held in a store building down in town. Before her death in 
1953 Mrs. Baker often told of her experiences at this memorable 
funeral, and how the remains were escorted to the cemetery by a 



150 ANNALS OF WYOMING 

hundred well-armed and well-mounted men. And even now 
Champion and Ray are fondly remembered, since each Memorial 
Day at Willow Grove, their graves are decorated with a profusion 
of flowers. 

When George A. Wellman was murdered, May 10, 1892," 
tension again was running high. Wellman was foreman of the 
Ploe Ranch, and a United States Marshal. He was generally very 
popular except by the range thieves, which included the Red 
Sashers, so named because they wore strips of red flannel under 
their cartridge belts to keep the bullet grease off their clothing. 
They swore they would kill Wellman, and one of them did. They 
even let it be known that they would prevent his Masonic funeral 
from being held at St. Luke's Episcopal Church. But this did not 
prevent the members of Anchor Lodge No. 7, A. F. & A. M., at 
Buffalo, from proceeding in regular form, although they wore guns 
concealed under their white aprons. And Rev. Charles E. Duell, 
who conducted the Episcopal service, wore a brace of guns under 
his vestments. The funeral went ahead as scheduled. 

It was not known who killed Wellman until 1938 when dark- 
skinned William Hill, known to the Red Sashers as "Black Billy", 
paid a visit to his old home in Johnson County. During his stay 
in Buffalo, Sheriff Mart Tisdale drove him to Kaycee to call upon 
old friends, and enroute Billy called attention to a cluster of rocks 
on top of a high hill. He said Ed Starr, a Red Sasher, had told 
him in 1892 that after he killed Wellman he took his gun and hid 
it there until the talk died down. Mart remembered that James 
Potts had found a gun up there in 1895, which was then in the 
possession of his son, Joe Potts. When asked about it, Billy 
claimed he could identify the gun any place, having often seen it 
in Wellman's possession. He said it was a DA Colt .45, pearl 
handled and nickel plated, with a ring in the butt of the grip, which 
fit the description of the gun in Joe Potts' possession. Billy 
readily identified it upon their return to Buffalo. He said it was 
Wellman's gun and no doubt about it. So did Tommy Carr and 
Joe LeFors who were well acquainted with Wellman and his Colt, 
which was a novelty in Johnson County. Starr had killed Wellman 
and Wellman's .45 proved it. Ironically, Starr was killed in Mon- 
tana by his own murderous ilk who tricked him by loading his gun 
with blanks. Afterwards they provoked him to go for it and then 
shot him down. 

Thus ended the .lohnson County War, but never forgotten by the 
story tellers and historians, whose writings are all too often fan- 
tastic and bizarre. In most of these efforts the cattlemen are 
portrayed as gentlemen of wealth and education who failed as 



6. There is some conflict in this date as to whether it was May 9 or 10. 



BUFFALO— ANCIENT COW TOWN 151 

vigilantes against a less favorably endowed group of settlers and 
small ranchers. Hubert E. Teschemacher and Fred DeBillier, two 
leaders of the cattlemen, were Harvard men, class of 1878, and 
much is made of that. The implication usually is that the cattle- 
men, with their superior background and training, should have 
known better. There are also those who say that an unbiased 
account of the Johnson County War has never been written, and 
that the rustlers always have the best of it. But whatever view is 
taken, the unadorned and ungarnished facts are not pretty, and 
can never be made so for either side. 

On account of the unpleasantness in 1 892, Buffalo was denied 
the railroad then being laid across Wyoming from the South 
Dakota state line to Montana. A change of plans took the rails 
around the northeast corner of Johnson County to avoid an area 
so heavily in debt. The line was then a part of the Burlington 
system, as it is now. 

In 1915 a spur was laid trom Clearmont, in Sheridan County, to 
Buffalo, by private investors. But, it was junked some thirty-five 
years later when paved highways and fast moving trucks became 
a reality. It does not matter any longer. 

Buffalo had not recovered from the shock of losing the railroad 
when orders came to abandon Fort McKinney. This occurred in 
the fall of 1 894 as something of a surprise to the townspeople. 
Many were positive the end had arrived for their little city, and 
there was deep anxiety and solicitude when the last of the troops 
passed out of sight over the hills to the north. From the begin- 
ning. Fort McKinney had furnished Buffalo with many of its 
enlarged enterprises, and most of the soldiers' pay had been spent 
in town as soon as received. But now all this had come to a 
painful halt. Within a short time afterwards many good citizens 
moved elsewhere, and it was a long time before their numbers 
could be replaced. 

Yet a brave attempt was made to bridge the gap, which was 
eventually done, but not easily. In 1895 Johnson County was 
still in debt for more than $17,000 on account of the Invasion. 
It was a never ending source of embarrassment, but before much 
progress could be hoped for, the people knew this obligation had 
to be paid — and it was. Aided by Charles H. Burritt, lawyer 
extraordinary. W. J. Thorn, also an influential citizen and cashier 
of the First National Bank, sponsored a relief bill in the legislature 
for its payment, and it passed. Burritt was mayor at the time, and 
had given succor and relief to the unpopular cattlemen, but his 
influence in getting the county debt paid had renewed his pop- 
ularity. 

Those of us now in the seventy year bracket were just beginning 
to appreciate life in Buffalo during those memorable days. The 
streets were as crooked as ever, and very dusty during the long, 
hot summer season, or ankle deep with mud if it happened to rain, 



152 ANNALS OF WYOMING 

which was not often. Unever plank sidewalks were strung along in 
front of the stores, with wooden steps at intervals where the 
changing grade made it necessary. Some pretense was made to 
keep the business houses attractive, but most of them had the 
ordinary slab sides and the habitual false front. Where, presently, 
parking meters are to be found along the streets on both sides, there 
were then hitching racks to which were tethered rows of cow ponies 
or teams harnessed to rigs of every kind. But they have all been 
replaced by automobiles and trucks. Since then concrete walks 
built on grades have replaced the wooden ones, and most of the 
streets are hard surfaced. Dust and mud are now not so much 
of a problem. 

We remem.ber Buffalo as being quite wide open, still with many 
saloons, of which ZindeFs was by far the finest and best conducted. 
Bill Zindel, the owner, was a fabulous character. Always impec- 
cably attired in the latest fashions of the times, with starched white 
collar and black bow tie, he patronized Jim Wright's barber shop 
every day for a tonsorial workover. Jim carefully shaved him, 
combed his heavy black mustache, and curled its ends into tight 
little rolls. In those days haircuts were thirty-five cents and shaves 
a quarter. Zindel was popular in a way, but never quite accepted. 
Before he left Buffalo about 1920, he had lost everything. 

And then there was Laurel Avenue. For the youngsters it was 
quite off limits, and probably should have been for many others. 
In a large house towards the end of this thoroughfare there was 
music and dancing every night, and over the festivities presided a 
gaudily attired matron known as Maggie Jess. But she kept her 
girls in line and gave but little trouble to anybody. While she was 
never recognized by the socially prominent, she did donate gen- 
erously to many good causes, and provided for the needy at holiday 
times. When institutions like hers began to disappear, Maggie 
married Paddy Shields and they migrated to Pennsylvania. She 
was forty years old at the time. 

But Buffalo was no worse than any other frontier town, nor 
steeped in sin to any greater degree. It had many worthwhile 
institutions, and even then prided itself on its reading clubs, its 
literary societies and its church organizations. Many of us can 
remember our first years in school at the little square brick school 
house on Fort Road. Wilson McBride was the principal and made 
our studies vivid and interesting. We were always glad to have 
him visit our rooms with his cheerful smile and helpful words. 
Most of us can remember the coal stoves around which we clus- 
tered on cold winter days to say our lessons. Many times the 
teacher had to call upon the larger boys to throw in more coal 
or to do a stoking job, but that added to the interest. Today it is 
all much different with natural gas and steam heat to keep many 
classrooms warm and comfortable for many pupils. But in those 
old days it did not matter too much, since all told there were only 



BUFFALO— ANCIENT COW TOWN 



153 



about seventy-five of us, and our well-being was more easily pro- 
vided for. 

And who of us has forgotten our trips to Adams' Grocery store 
to get fuel for the coal oil lamps, and how we used to help with 
the wick trimming and chimney cleaning every Saturday morning. 
We also remember how the grocery clerk used to stick a small 
potato over the spout of the can to keep it from spilling out on 
our way home. Frequently we would stop along the way to look 
in at Perce Wilkerson's. He was a famous saddle maker, and fur- 
nished a very wide area with his splendid wares. A P. A. Wil- 
kerson saddle in those days was a possession to be treasured by 
cowboys and ranchers even into Montana and the Dakotas. After 
this visit we might linger to visit with Baldy Fay or Twenty Horse 
Hoagland who were just in with a load of freight from Clearmont. 
They were jovial freighters and liked kids. 

And so it was down to the turn of the century, or for a while 
thereafter, but everything is different now. Electric lights and 
water works came even before then, and Buffalo has become a 
truly modern town with all modern facilities. But that is another 
chapter, although perhaps not so thrilling as the story of pioneer 
days. And for the pioneers let it be said that they were men of 
vision, strength and honor. They were truly generous, and thor- 
oughly loyal to the institutions they sponsored and to their friends. 




i*:, ^ '.<« 




if't'-^i 







Buffalo School in 1895. 
All of the pupils are in the picture 

Courtesy of Burton S. Hill 



154 ANNALS OF WYOMING 

Among these men and women there was a frontier aristocracy of 
which they could be abundantly proud, since it was based on 
mutual helpfulness and a friendship equaled no place else. In 
those days a man's spoken word was enough, and much of the 
business was done on that basis. Some of them were rough on 
the exterior, but inside they were noble, courageous and gentle. 
To have been a pioneer of Buffalo, or of Johnson County, is a 
privilege. 

BIBLIOGRAPHY 

Rollins. Philip Ashton. The Discovery of the Oregon Trail. Robert Stuart's 

Narratives. C. Scribners Sons, New York, 1922. 
Raynolds. Bvt. Brig. Gen. W. F. Exploration of the Yellowstone. Report 

to the Secretary of War. Senate Documents No. 41 to 86, 2nd Session, 

40th Congress. 
Frink, Maurice Cow Country Cavalcade. University of Colorado Press, 

Boulder. 1956. 
Mercer. A. S. Tlie Banditti of The Plains. University of Oklahoma Press, 

Norman. 19.'54. 
Ervvin. Mane H. Wyoming Historical Blue Book. Bradford-Robinson 

Printing Co., Denver, 1946. 
The Compiled Laws of Wyoming. 1876. 

Smith. Helena Huntington. "The .Johnson County War," American Heri- 
tage. April, 1961. 
Brayer. Herbert O. 'The Murder Gun on Powder River", Guns Magazine, 

April. \955. 
Chappell. Edith. A History of Old Fort McKinney. 
Baker. Lillian Holgerson. A History of St. Luke's Episcopal Church of 

Buffalo, Wyoming. 
Buffalo Bulletin Files. Buffalo, Wyoming. 
Union Congregational Church Files. Buffalo, Wyoming. 
School Records. Jim Gatchell Memorial Museum. Buffalo, Wyoming. 
Wyoming State Library. Research Department. Cheyenne, Wyoming. 
Interviews with Buffalo and Johnson County pioneers, now deceased, and 

personal experiences and recollections. 



MoretOH 7rewen 
and the Populist Kcvolt 

By 

David M. Emmons 

In the unfolding drama of American westward expansion, spec- 
ulation, and its companion evil, absentee ownership, were destined 
to play a continually corruptive role. Viewing the West as a vast 
commercial outlet abounding in potential subdivisions. Eastern 
investors, through abuse and, at times, open violation of the 
existing land acts, gathered to themselves immense acreages.^ 
Tolerable when good land was readily available, the practice of 
speculation and absentee ownership assumed insufferable propor- 
tions as marginal lands became increasingly the common reward 
of the homesteader. It was only natural, then, that when the Pop- 
ulist Party should finally codify the multitude of agrarian griev- 
ances it should include an indictment of the excessive land holdings 
of "railroads and other corporations," and demand that those 
lands "not actually used and needed . . . [be] reclaimed by the 
government and held for actual settlers. "- 

By the I880's. however, a new element had been added to the 
long standing, though as yet unorganized, agrarian clamor against 
absenteeism. Foreign investors were by this date actively engaged 
in the speculative mania in the West, and "absent" might now 
mean as many as 5000 miles. Protests against this increased 
detachment, and the inevitable evils which accompanied it. were 
added to a predictable appeal to the public domain as the 
"heritage of the people,'"^ and together formed a potent political 
weapon. Fortified by these two very real grievances, the Populists 
demanded that the government "take measures ... to prevent 
aliens from acuuirins title to lands in the United States and Terri- 



1. It must be admitted that many farmers and other Westerners were also 
engaging in heavy speculation, oftentimes with no more intention to settle 
the lands than their Eastern coimterparts. See, Richard Hofstadter. The 
Age of Reform, (New York, 1955), pp. 23-60 passim. 

2. St. Louis Demands. December, 1889; Ocala Demands, December, 
1890; Cincinnati Platform, May, 1891; and Presidential Campaign Platform. 
February, 1892; Appendices. John D. Hicks, The Populist Revolt, (Lincoln, 
Nebraska. 1961), pp. 428. 429. 431. 433, 438, and 444. 

3. Campaign Platform, 1892. ihicL. p. 438. 



156 



ANNALS OF WYOMING 







Moreton Frewen 



MORETON FREWEN AND THE POPULIST REVOLT 157 

tories."^ Solidly supported in the West and South, the farm 
element was able to hinder in many states the procurement of 
public lands by foreign investors."' 

Conspicuous among these alien speculators were the English 
and Scots. Engaging most actively in the range cattle industry, 
these men, many of the scions of old aristocratic families, viewed 
their investment as a symbol of their social position, an indis- 
pensable addition to every gentleman's portfolio." Conducting 
their business "on a system . . . that was a constant surprise even 
to the most reckless and extravagant American,"' these English- 
men became, during the decade of the 80's, the special target of 
the long suffering farmers and their political organ, the Alliances. 
It was believed that the English in particular were perverting the 
aim of the homestead legislation, and it was questioned in the 
halls of Congress whether it was advisable to allow America's 
public domain to fall into the hands of those "whose birth and 
education create and foster sentiments inimical to the country 
from which they are attempting to derive wealth.'"^ 

To the Alliancemen, political sires of the Poi^ulists, the English 
intrusion onto the Great Plains seemed to threaten the United 
States with all the violent evils which had plagued Ireland for so 
many years. The English economic system of landlordism and 
social system of aristocracy seemed as alien to the American farmer 
as they had to his Irish counterpart. Nor was the report of the 
Secretary of the Interior for 1883 particularly soothing to the 
already sorely troubled homesteader. The figures for that year 
showed the United States with 570,000 tenant farmers, highest 
number anywhere in the world;'* silent testimony, so thought the 
Populists, that "English landlordism . . . [had] seized upon the 
fresh energy of America, and is steadily fixing its fangs into our 
social life . . ."^" It was in response to this determined Anglo- 



4. Ibid. 

5. Roger V. Clements, "British Investment and American Legislative 
Restrictions in the Trans-Mississippi West, 1880-1900," Mississippi Valley 
Historical Revien\ vol. 42, September, 1955. pp. 207-228 passim. 

6. See W. Turrentine Jackson, British Interests in the Range Cattle In- 
dustry. Part 3 of When Grass Was King. (Boulder, Colorado, 1956), passim. 

7. Cheyenne Daily Sun. 3 November, 1887, in Ernest S. Osgood, The 
Day of the Cattleman. (Minneapolis, 1929), p. 222. 

8. Speech of Representative Lewis E. Payson, House Reports. No. 3455, 
49 congress. 1 session, p. 4, in Clements, "British Investment . . ."' p. 213. 
Colorado, in 1887, asserted that British ownership of large bodies of land 
was "contrary to the spirit of independence." Denver Republican. 21 Feb- 
ruary, 1887. 

9. Report of the Secretary of the Interior, 1883. (Washington, 1883), 
p. xxxii-xxxiii. 

10. National Economist, (Washington, vol. 1, 29 June, 1889), p. 229. 



158 ANNALS OF WYOMING 

phobia that the PopuUst Party, as has been seen, adopted their 
resolutions against any alien possessing land in the United States. 

The Populists, and before them the AUiancemen, although 
hoping to secure retroactive anti-alien laws, were forced to content 
themselves with legislation, usually of state origin, against any 
future land grants to foreign individuals or corporations. Coming 
as they did in the late 1880's and 90's, however, these restrictions 
were of negligible effect in simplifying the problems of the pros- 
pective homesteader. Most of the English cattle concerns had 
been established long before, and the settler, in attempting to 
exercise his right to the public domain, oftentimes found himself 
checked by barbed wire behind which grazed thousands of white 
faced beeves.'^ This pattern was repeated often during the 1880's 
as Englishmen and Americans alike began the ambitious task of 
filling the Great Plains from Texas to Montana with their wide 
ranging herds of cattle. 

One of the first of these investors was Moreton Pre wen. The 
son of an old and eminently respectable South English family, 
Frewen and his brother Richard had first visited the United States 
in 1878. Members of the highly fashionable Melton Mowbray 
Hunting Club in Leicestershire, the Frewens were desirious of 
engaging in some mountain sheep hunting in Wyoming. Although 
their success with the big horns was something less than spectacu- 
lar, they returned to England profoundly impressed with the com- 
mercial possibilities of Northern Wyoming as a cattle country. A 
year later they had occasion to test their theory. A particularly 
unsuccessful bout with the race horses and the gaming tables left 
Moreton in an embarrassed position financially, and, after selling 
his prized string of riding ponies, he returned with his brother to 
America, determined to establish an empire in cattle in Wyoming's 
Powder River country. Beginning in 1879, the Frewens enjoyed a 
prosperous first year. The winter was unusually mild, and their 
recently imported Oregon stock realized a handsome profit for 
them in the Chicago yards. By the spring of 1880, the Frewens 
had acquired a sizeable herd and operations were begun on a 
ranch house to be modeled upon the hunting lodges in Frewen's 
native England. Invariably referred to as "Frewen's Castle", the 
hewn log structure which emerged succeeded admirably in its 
object, and became a widely recognized landmark in Northern 
Wyoming. 

In 1882 Moreton purchased his brother's share in the enterprise 
and assumed individual control over the vast herds of cattle which 



11. See Clements, "British Investments . . ." and another excellent article 
by the same author, "British Controlled Enterprise in the West Between 
1870-1900, and Some Agrarian Reactions," Agricultural History, vol. 27, 
October, 1953, pp. 132-141. 



MORETON FREWEN AND THE POPULIST REVOLT 159 




Moreton Frewen's Ranch Houbc on the Powder River, 1880 

From the Elmer Brock Collection 

by then numbered 49,000 head. The following year he succumbed 
to the corporate craze then infesting the West. Seeking the in- 
creased capitalization incorporation would bring, Frewen formed, 
with a group of London businessmen, the Powder River Land and 
Cattle Company. A limited concern, the new company had assets 
of $1,500,000, based on both preferred and common stock. 
Typical of Frewen, the board of directors included such socially 
prominent Englishmen as the Duke of Manchester, the Earl of 
Wharncliffe, and Sir Henry Nevill. Frewen himself was to remain 
in Wyoming to serve as local manager of the corporation's inter- 
ests. Though receiving no salary for his services, Frewen retained 
one-third of the preferred stock with a retirement option at the 
end of five years. The first and only such concern in northern 
Wyoming, the Powder River Company began operations with 
understandable optimism. For the initial two years, at least, such 
sentiments were indeed justified as dividends climbed toward their 
peak of 24% in 1884. Two years later, however, the still infant 
corporation found itself in the throes of liquidation. At that, the 
company survived Frewen by a year, he having taken his leave in 
1885, the victim, in his mind, of unwarranted criticism from fickle 
associates, both in England and on the Powder River. '- 

During this short tenure as patriarch of the Powder River coun- 
try, Frewen remained always the aristocrat; his frontier retreat 
serving as a sportsman's haven for his former English hunting 
partners, and as an international rendezvous for the younger 
members of British nobility. In 1881, wrote Frewen in his auto- 



12. Herbert O. Brayer, "Moreton Frewen, Cattleman," The Westerners 
Brand Book. Denver, vol. 5, 1949, pp. 1-18. 



160 ANNALS OF WYOMING 

biography, "came Sir Samuel and Lady Baker, Lord Mayo, and 
T. Porter Porter ..." Lady Baker, Frewen found "especially 
charming . . . and she and [his] wife became great friends . . ."^^^ 
This little amity Mrs. Frewen was well equipped to cultivate. The 
former Clare Jerome, Frewen's wife was the daughter of New York 
financier, Leonard Jerome and a sister of Lady Randolph Chur- 
chill, mother of Sir Winston. The Frewens obviously relished 
their role as frontier hosts, and the "castle" became, during these 
years, world renowned for its wilderness charm and the genial 
hospitality of its Lord and Lady. 

Frewen clearly was a compendium of the most odious type of 
alien land owner, and as such became the target, at least indirectly, 
of the assaults of the early Alliancemen who viewed the conduct 
of Frewen and his compatriots as contrary to the American spirit. 
And, in fact, there was something slightly incongruous in the pic- 
ture of this v/ee Englishman, surrounded by his retinue of Wyoming 
cowboys, entertaining Old World nobiUty in an area as yet best 
described as primitive. 

While Frewen was conducting his forays into the Wyoming 
mountains and paying his due respects to the social amenities of 
his native land, westward moving settlers were beginning to show 
an equal interest in the Powder River region. The charm of 
Frewen's situation, however, was somehow lost on these men who, 
by choice or necessity, hoped to homestead the valleys over which 
Frewen and his associates then held suzerainty. Nor was Frewen, 
despite his later utterances, especially sympathetic to the demands 
of the farmers and small cattlemen who pushed their way into 
his personal domain. He little dreamed "how immense was to 
be the pressure of settlement . . . into that vast wilderness so far 
beyond the present frontier . . ." Bemoaning the advance of these 
"irrepressible hordes . . . which [were] about to engulf all of 
[them] in a common disaster,"^^ Frewen joined with his fellow 
cattle barons in a determined opposition to those who would 
threaten their empire. Echoing the cries of the large cattlemen 
that Northern Wyoming was infested with rustlers, Frewen ap- 
pealed in 1884 to the Wyoming Stock Growers' Association for 
aid. That group, controlled by wealthy stockmen, was quick to 
respond. Assigning detective Frank Canton to work with Frewen, 
the association also passed in 1884 a maverick law which made it 
illegal to brand unmarked calves, or mavericks. Under the terms 
of this law a budding rancher could be convicted for engaging in 
what had been, prior to 1884, an accepted, even encouraged prac- 



13. Moreton Frewen, Melton Mowbray and Other Memories, (London, 
1924), p. 123. This is a charmingly written, though unfortunately little 
used source on life in Wyoming and the West in general during the 1880's. 

14. Ibid., p. 172-173. 



MORETON FREWEN AND THE POPULIST REVOLT 161 

tice. Obviously the list of rustlers grew, an extension which later 
would include almost anyone, thief or no, who trespassed on prop- 
erty the stockman considered uniquely his own. The result was 
that the homesteader, oftentimes the unsuspecting victim of the 
Maverick Law, began to embrace increasingly the tenets of the 
Populists and before them the Alliances, and to unite in a firm 
opposition to those cattlemen who, like Frewen, would usurp their 
birthright to the public domain.^"' 

The inevitable clash between these two so completely incom- 
patible elements occurred in 1892 in the famous invasion of John- 
son County by the large cattle interests. The Johnson County 
"War" was, of course, seven years after Frewen had left the United 
States, but the former manager of the Powder River company re- 
tained a vital, though somewhat curiously inconsistent, interest in 
the proceedings. Almost all of the cattlemen who took part in the 
expedition were members of the exclusive Cheyenne Club and the 
politically potent Wyoming Stock Growers' Association. As a 
member of each of these organizations,'*' Frewen was a personal 
friend of these large stockmen, and his sympathies, with some 
notable exceptions, were with the invaders. The Powder River 
company, furthermore, had been quartered in Johnson County; 
indeed, Frewen had been one of the leaders in that area's securing 
county status.' ' These facts precluded any possibility of Frewen 
remaining a detached observer as his former neighbors and lodge 
brothers sought to redress the "grievances" for which they had 
found no recourse in the courts. 

The Johnson County invasion was, basically, a range war. The 
large cattlemen, finding themselves in a depressed condition eco- 
nomically, attributed their financial ills to a formidable group of 
cattle rustlers headquartered in Buffalo, seat of Johnson County. 
As has been shown, the epithet "rustler" often referred to no more 
serious a transgressor than one who would homestead on a cattle- 
man's grazing land. The ranchers, however, were determined to 
rid Wyoming of this "undesirable element", and they undertook, 
in April of 1 892, an invasion of Johnson County. The expressed 
purpose of this action was to dispatch as quickly as possible a 
previously selected group of "known rustlers." The expedition, 
however, proved a total failure; the invaders themselves being 
saved from annihilation only by the opportune intervention of the 
Federal troops stationed at nearby Fort McKinney.''^ 



15. Osgood, The Dciy of the Cattleman, p. 212. 

16. John Clay, My Life on the Range, (Chicago, 1924) pp. 105. and 287. 

17. Fred Shelley, "The Papers of Moreton Frewen," Library of Congress 
Journal, vol. 6, August, 1949, p. 18. 

18. See bibliography in David M. Emmons. "The Causes of the Johnson 
County War," unpublished seminar paper in the possession of Professor 
Robert G. Athearn. University of Colorado, 1962. 



162 ANNALS OF WYOMING 

The significance of this episode hes not in its obvious appeal as 
an example of western vigilante justice, but rather as a violent, 
unsubtle hint that conditions in the West were undergoing a pro- 
found change. The fast striding homesteader, the object of special 
and kindly attention by the Populists, had established himself in 
all areas of Wyoming except Johnson County; everywhere his 
presence had marked the end of the cattle industry as it had pre- 
viously been conducted. The larger stock interests were deter- 
mined to arrest or at least discourage his entrance into that north- 
ern county, for range cattle, "as operated by the big companies 
I could] only be successfully managed on the frontier; and Johnson 
County [was] the only remaining desirable frontier . . ."^'* The 
count\ officials, however, were proving particularly uncooperative; 
in fact, they welcomed the homesteader, exhalting the fine water, 
fertile soil, and rail connections of Johnson County, conditions 
especially conducive to agriculture. "With these inducements," 
they continued, "the homesteader, the miner, and the sheepowner 
will surely come and at no distant day."-" A more odious three- 
some of neighbors, at least so far as the cattlemen were concerned, 
can hardly be imagined. 

Compounding the ranchers' problems was the appointment in 
1887 of Thomas Moonlight to the territorial governorship of 
Wyoming. Moonlight, a former Allianceman,-' seconded the sen- 
timents of the m.ajority of Johnson County citizens when he stated 
that theirs was "beyond any doubt the best agricultural county in 
the territory and the most fitting place for an agricultural col- 
lege . . ."-- This was obviously counter to the arguments of the 
cattlemen who felt the whole of Wyoming was unfit for anything 
but slock raising,-'' and did little to endear either Moonlight or the 
county to the potentates of the Cheyenne Club. Moonlight's 
obvious proclivity to the anti-stock cause became even more evi- 
dent in a letter he wrote in January of 1888. "There is a future for 
this territory," he stated, "as soon as men begin to satisfy them- 
selves that cattle! cattle!! cattle!!! are not the only things . . ."-^ 
It was sentiments such as these, added to the actual presence of 
the homesteader, and "a thousand [other] causes which conspired 



19. Cheyenne Daily Leader, 9 April, 1892. 

20. Buffalo Bulletin. 28 May, 1891. 

21. Maurice Frink, Coir Country Cavalcade, (Denver, 1954), p. 64. 

22. Moonlight to General James B. Brisbin, 26 October, 1887, in W. 
Turrentine Jackson, "The Administration of Thomas Moonlight, 1887- 
1889."' Annals of Wyoming, vol. 18, No. 2, 1946, p. 143. 

23. See H. B. Teschemacher interview, in Bancroft, "Interviews With 
Wyoming Cattlemen." microf. Western Range Cattle Industry Study, (here- 
inafter cited as WRCIS) State Historical Society, Denver, Colorado. 

24. Jackson, "The Administration of Thomas Moonlight," p. 145. 



MORETON FREWEN AND THE POPULISl REVOLT 163 

... to the disadvantage of the cattle barons, all of which [they 
summed] up in the word rusder . . ."-'• 

The settlers also had certain grievances against the larger cattle 
interests. The most serious has already been mentioned — the 
cattlemen's rather questionable tactics in gaining control of their 
lands, and the discouraging practice of speculation. Another 
significant complaint concerned the establishment of the American 
Cattle Trust in 1888.-*' The principle feature of the trust, in 
Francis Warren's mind, was "the controlling of the production 
or selling price or both."-" Warren's later position as a Republican 
Senator from the new state of Wyoming, and his significant in- 
fluence during territorial days, gave to his statements a note of 
officiality, and, to the farmers and small ranchers seemed to bode 
especially ill for their future opportunities.-'' To the beleaguered 
settlers, it seemed the cattle kings, having encircled "Two-thirds of 
the rich Wyoming creek bottoms, were [now crying] to the Home- 
steader — Move on, the world is mine!"-" 

The citizens of Johnson County, partly in response to this 
aggressive attitude as betrayed by their more wealthy neighbors, 
formed in the spring of 1891, the Northern Wyoming Farmers 
and Stock Growers Association. The inclusion of the word 
"Farmer" is indicative of the conditions in the county, conditions 
quite different from those desired by the state association. This 
new agency pledged "equal protection to the man with one cow as 
him having one thousand," and proceeded to register brands and 
organize round-up dates.'"' This direct challenge to the authority 
of the Wyoming Stock Growers' Association could not go unan- 
swered, and a year later the cattlemen, supported by a group of 
hired Texas gunmen, began their desperate and ill-fated invasion 
of Johnson County. 

That this conflict was part of the Populist Revolt seems clear. 
The anti-stock elements, allied with the smaller ranchers, made 
common cause against the larger cattle companies, many of which, 
as has been seen, were foreign owned. It was, then, according to 
one Western newspaper, "essentially a conflict between range 
monopoly and the homesteader; between the existence of the 



25. Buffalo Bulletin, 17 December, 1891. 

26. Another would be the use of the blacklist by the cow outfits against 
any recalcitrant cowboys who decided to take out a homestead claim, or in 
certain cases, engaged in some nocturnal branding of stray calves. 

27. Letter from Warren to Thomas Sturgis, 18 August, 1887, in Warren 
Trust Book, Minutes and Proceedings of the Wyoming Stock Growers' Asso- 
ciation, Coe Library, Laramie, Wyoming. 

28. Warren and Joseph Carey, his Republican colleague in the Senate, 
both condoned the invasion of Johnson County. Clay, My Life . . . pp. 
282-283. 

29. Buffalo Bulletin, 17 December, 1891. 

30. Ibid., 30 April, 1891. 



164 ANNALS OF WYOMING 

farmer and the profits of the cattle syndicate . . . the old fight 
between the toiling many and the monied few."-^^ 

Moreton Frewen, in New York at the time, viewed the events in 
Johnson County with mixed emotions.'^- Two of the invaders, 
Fred Hesse and Horace Plunkett, had incurred Frewen's anger 
for alleged mistreatment when all three were in the Powder River 
country. Hesse, his erstwhile foreman, Frewen accused of oppor- 
tunism following the dissolution of the Powder River Company.-^-^ 
Plunkett and Frewen had had a disagreement when both were 
actively engaged in stock raising, a rift which only widened when 
Plunkett was chosen to manage the company following Frewen's 
departure. These two gentlemen Frewen could wish only the 
worst, predicting that "no one who treated [him] badly about 
Powder River will have any luck . . . ,"-^^ and that Hesse, in par- 
ticular would suffer financial ruin, a prospect "which certainly 
[didn't] break [Frewen's] heart. '"•^■'' 

Toward those members of the invading party with whom he had 
had no personal difficulties, Frewen was a good deal more char- 
itable. He seems to have sincerely sympathized with their situa- 
tion, bemoaning the fact that "they [would] all have to leave 
(Wyoming) — they can none of them ever go back again." As 
for the defenders of Johnson County, they were branded "squatters 
. . . plundering and [stealing] calves where they got a chance."^'' 
At no time did Frewen condemn the invaders (as did the Populists 
and most of the Wyoming press )'^' nor did he seem to recognize 
the fact that, with few exceptions, Johnson County did not house 
only roving bands of rustlers, as was then universally believed 
among the larger stockmen of the state. 

Further evidence of Frewen's position is seen in a wire sent to 
him by one of the stockmen which expressed the predicament of 
the invaders and appealed to his earlier allegiance to the interests 
of the cattlemen. "We are held here by the rustlers," it stated, 
". . . unless relieved we will certainly all hang. There are 20 of 



31. Rocky Mountain News, 1 June, 1892. Like the toiling many of the 
rest of the country during the 1890's, the defenders of Johnson County were 
accused of flying the red and black flag symbolic of European anarchy and 
socialism. This charge they most vehemently denied. Cheyenne Daily 
Leader. 24 April. 1892. and 1 May, 1892. 

32. The New York Times gave front page headline coverage to the 
invasion. 19 April, 1892 through 17 May, 1892. 

33. Hesse gained control of many of Frewen's cattle, changing them from 
Frewen's "76" brand to his own "28". Frewen was still a shareholder in 
the Powder River Company and looked upon such action with disfavor. 

34. Frewen to his wife, 26 April, 1892, in Frewen Papers, microf., 
WRCLS. 

35. Frewen to his brother, 18 May, 1892, ibid. 

36. Ibid. 

37. 1 he newspapers of Sheridan, Lusk, Laramie, and Evanston all 



MORETON FREWEN AND THE POPULIST REVOLT 165 

your old friends, can you help us with the president?"'^'^ Utilizing 
his influence at the White House,-^" Frewen allegedly interceded 
with President Harrison and Secretary of State Blaine, and an 
executive order was issued summoning the troops at Fort Mc- 
Kinney to intervene in the conflict then in progress in Johnson 
County. Although this intervention rescued the invaders from 
almost certain capture, it must also be mentioned that similar wires 
were sent directly to Harrison by Wyoming Governor Amos Bar- 
ber,*" and there is reason to doubt the importance of Frewen's 
intercession with the President. The very fact that Frewen should 
be contacted in this regard, however, seems ample proof that the 
stockmen, at least, had confidence in his ability, and his desire, to 
relieve their situation. 

In light of Frewen's obvious aristocratic leanings as evidenced 
by his personal conduct, his equally obvious aversion to the Wyo- 
ming brand of Populism as manifested in the Johnson County 
War, and the determined Anglophobia of the agrarian class, it is 
indeed puzzling to read of "Moreton Frewen ... of silver fame . . . 
I yelling] louder than Bryan himself in the direction of a depre- 
ciated dollar . . ."^^ This description, as shall be seen, was not 
entirely accurate. Although Frewen's fame as a bimetallist was 
widely recognized (at least among those of like persuasion) his 
advocacy of the monetization of silver was based on beliefs quite 
dissimilar to those held by Bryan and most of the other American 
silverites. This is not to say that Frewen was working counter to, 
or even independently of, the Populists in their championing of 
free silver; only that he had in mind different goals. As Frewen 
explained, "I came toward early middle life to the conviction that 
there was but one problem that really mattered — the great problem 
of foreign Exchange . . ."^- As such, Frewen's bimetallism was 
premised on the necessity of a multilateral re-monitization of 
silver among those commercial nations of the Western World then 
on the gold standard. "If only the great gulf fixed by restless 
legislation, between the money of the East and the money of the 



roundly condemned the cattlemen for their arbitrary brand of justice. 

38. Teschemacher to Frewen, 22 April, 1892. reprinted in Casper news- 
paper. 13 April. 1922, in Miscellaneous; Johnson County War. Coe Library, 
Laramie. 

39. Frewen had once mentioned to Woodrow Wilson, "Mr. President, 
it has been my privilege to shake the hand of all your predecessors since 
Buchanan." Melton Mowbray . . ., p. 21. 

40. Cheyenne Daily Leader, 22 April, 1892. 

41. Clay. My Life .... p. 195. Clay was past president of the Wyoming 
Stock Growers' Association. Though not an active participant in the 
invasion, (primarily, it seems, because he was in England at the time). 
Clay's attitude was one of support for the invaders. See Mv Life . . . , 
pp. 278-285. 

42. Frewen, Melton Mowbray .... p. 238. 



166 ANNALS OF WYOMING 

West [could] be bridged over," Frewen felt, the Western nations 
would be able to compete profitably with the "silver countries of 
the East."^-^ Without this fixed exchange, there would have to 
be high tariff walls to protect the domestic farmers from the unfair 
competition of the silver nations. At that time, however, the 
lower prices in the West occasioned by the demonetization of 
silver was placing those nations at a distinct disadvantage. Frewen 
was not so much opposed to a fall of prices, "so long as that fall 
is an universal fall, [but] what was making Trade, and especially 
Free Trade, impossible, was Western monetary legislation which 
has sufficed to force down Gold prices locally, . . . but which as 
yet has been powerless to alter the level of Silver prices in the 
great Silver-using Nations of the East.""'^ 

"The wiseacres of the Wall Street Banks . . .,"^"' however, had 
assured the American people that such a fixed exchange was im- 
practicable, that there was a law of Gresham as predictable as 
those of Newton, a law which decreed that legal coins of a "cheaper 
bullion (silver) would drive out legal . . . coins of the more 
valuable bullion (gold)."^*' This fear Frewen considered ground- 
less, explaining that "any tendency of silver to depreciate would, 
at any time, be neutralized by the desire of men to pay their debts 
in the cheaper metal. "^' This, coupled with the fact that both 
gold and silver were produced at a "dead loss,"^'' that the cost of 
producing the precious metals is more than their value when pro- 
duced, made it clear to Frewen, "that any difficulty as to fixing 
the ratio between their values is purely [imaginary]."^'' 

The American Populists clearly were operating on a different 
motive. The free coinage of silver had become the panacea of all 
their ills, the easiest and quickest way to inflate the currency, 
thereby providing the debtor class with a lighter obligation. Ob- 
viously a fixed, stable ratio between silver and gold would negate 
to a great extent, the inflationary tendencies of their program. 
This American theory Frewen rejected, realizing at the same time 
that his own proposal of a fixed exchange — "the making of silver 
legal tender at its gold value . . . [was] opposed to the orthodox 
bimetallic platform." On the other hand, he continued, "it has 
always appeared to me that solution which will attract to the 



43. Moreton Frewen, "Silver in the Fifty-third Congress," reprinted from 
the National Review. December, 1893), London, 1894, p. 24, and Frewen, 
Melton Mowbray . . . , pp. 214-215. 

44. Moreton Frewen, The Economic Crisis, (London. 1888), pp. 88-89. 

45. Ibid., p. 99. 

46. Ibid., pp. 18-19. 

47. Ibid., p. 103. 

48. Ibid., p. 96. 

49. Ibid., pp. 90, 92-96. 



MORETON FREWEN AND THE POPULIST REVOLT 167 

monetary reform movement the most ready support from the 
general community."""' 

In spite of this difference of opinion, Frewen and the Bryanites 
traveled paths which very nearly paralleled each other. One 
reason for this was Frewen's realization that "the United States . . . 
under the tutelage of manhood suffrage, [has achieved] a very 
advanced condition of political enlightenment, |and] it is now 
recognized in America that the money power may become a most 
dangerous tyranny . . .""'' Nor could the economic blessings of 
the United States be overlooked. Her "wealth, . . . popula- 
tion . . . , and exporting capacity" rendered the maintenance of a 
stable exchange between gold and silver in that country "mere 
child's play.""'- Obviously a citizenry so well informed, and a 
nation of such tremendous economic potential could not be ig- 
nored, and Frewen became an ardent advocate of many of the 
Populist silver reforms as the first step toward international silver 
monetization. 

Echoing the sentiments of the Populists, and before them, the 
Greenbackers, Frewen denounced the "Crime of 1873" as a cruel 
hoax perpetrated by "a handful of 'Gold Bugs' [that] they should 
build their palaces on Fifth Avenue. Silver had been demonetized 
by stealth ... it should at once be brought back again.""'-' The 
result of this bill, "signed by Grant . . . [without] any remote 
knowledge ... of what [it] contained,""'^ was a collapse in prices, 
"a currency deliberately starved, the burden of all debt . . . 
doubled.""'"' The "Crime of '73" and the coincident demonetiza- 
tion in Germany were the causes, in Frewen's mind, of both the 
internal and international monetary disorders then plaguing the 
Western World. These two nations, "coming to the market to 
buy only gold, [drove] that metal to a famine price while forcing 
down the price of all other commodities.""'" Indeed it was the 
collapse in prices subsequent to these pieces of legislation which 
was "beyond all others the leading economic incident of the 
oges. ''■''' 

Frewen could hardly have made his point more clear; unfor- 
tunately, however, the wisdom so characteristic of the American 
electorate seemed to have abandoned them, and, with the excep- 



50. Ibiil., pp. 106-107. 

51. IbicL. pp. 5-6. 

52. Address of Moreton Frewen of England at the Second National Sil- 
ver Convention, Washington, 26 May, 1892, in Frewen Papers, WRCIS. 

53. Frewen, The Economic Crisis, p. 17. 

54. Frewen. Melton Mowbray . . . , p. 126. 

55. Frewen, The Economic Crisis, p. 28. 

56. Ibid., pp. 4, 7-8. 

57. Frewen, Melton Mowbray .... p. 244. (My underlining) 



168 ANNALS OF WYOMING 

tion of the Bland-Allison Act of 1878, the "Americans have pur- 
sued the policies dictated by the 'Gold Bugs.' "'''^ 

Frewen's "Populism" was not limited to his advocacy of free 
silver, however. Expressing his wish that the image of the State 
should be improved, Frewen bemoaned "the present grievance of 
the masses everywhere that the State does nothing for them . . . 
only now and then . . . sending its policemen to break a few 
heads."''-' It was not so much the breaking of heads Frewen de- 
plored, only that the wrong heads were being chosen. Feeling 
that "the machinery [of the State was] being used entirely to 
advance the interests of the middle and upper classes . . . ,"*'" 
Frewen suggested that government assume control of the railroads, 
telegraph systems, and banks. The railroads were, he felt, "the 
arteries of the commerce of the various countries, and "should be 
operated not, as was [then] the case, to fill the pockets of a 
handful of shareholders, but ... for the greatest happiness of the 
greatest number." Of no less importance to the general welfare 
would be the state purchase of the banks, and the "consequent 
control of the Great Money Power, which [was then] deciding, 
without any reference to national interests of national liberties, the 
issues of peace and war." The control of these two industries 
would then give the national governments the power to deal effec- 
tively with the other monopolistic corporations. In the United 
States this would mean the control of those "Rings [which had] 
become so suddenly and so colossally wealthy, that nothing short 
of State intervention avail to protect the community."*'^ 

Frewen was approaching, at least, a socialistic state, where the 
machinery of government is used "to ensure a less faulty distri- 
bution of the future wealth which is destined to be created from 
time to time."''- This was not, however, the red spectre of inter- 
national Socialism which sought the redistribution of wealth al- 
readv created, but rather a "conception [which], if rightly under- 
stood, (was] not necessarily antagonistic, either to Economic 
Science or to the State . . ."*'-^ Such a system, in Frewen's mind, 
would assist especially the "sorely-tried producer, and the assist- 
ance [had] to be afforded, not at the expense of the consumer, but 



58. As Frewen wrote, "Without some consideration of the Bland Act . . . 
it would be hardly possible to make clear from what an acute monetary 
crisis the world has escaped . . ." The Economic Crisis, p. 10. Frewen 
viewed the Sherman Act of 1890 as "little less than a scandal of finance." 
Silver in the 53rd Congress," p. 10. 

59. Frewen, The Economic Crisis, p. 136. 

60. Ibid. 

61. Ibid., pp. 138, 142. 

62. Ibid., p. 133. 

63. Ibid., p. 132. 



MORETON FREWEN AND THE POPULIST REVOLT 169 

... of the middle-man . . .""^ Nor was there a group more 
deserving of this sacrificial role, for the middle men, "buying from 
the producer at a price they dictated, could force the consumer to 
purchase at monopoly prices."'""' 

There was one other, less attractive aspect of Frewen's "Popu- 
lism" which must be mentioned. Consistent with the nativist 
silverites of the 80's and 90"s, Frewen was a "rhetorical anti- 
Semite. "•'*• Though obviously ignoring, even combatting, the 
Populist's Anglophobia, Frewen was never loath to insert a bit of 
Jew-baiting into his writings and speeches. "The Jew," he once 
wrote, "is the universal moneylender, the universal middle-man . . . 
He is the world's mortgagor . . ."''' Of more significance here, 
however, were Frewen's statements to the gathered silverites at 
their second national convention in 1892. There was, he said, one 
dissenting group in England which continued to maintain that 
"the Merry Isle owes her supremacy to the gold standard . . . 
rather than to the industry and frugality of her citizens." This 
group, he continued, was composed "mostly of foreigners, and 
foreigners generally of Semitic orgin [sic] ."'"'' The applause which 
greeted this statement was not lost on Frewen, and he realized that 
he stood on common ground with many of the delegates. Whether 
he continued his anti-Semitism, however mild it might appear, 
from sincere conviction or from simple political expediency is 
unclear. Whatever the reason, Frewen's bias afforded him an 
even closer affinity with some of the Populists, and no doubt 
mitigated to a certain extent their distrust of him as an Englishman. 

Frewen's real devotion, however, was to the cause of restoring 
silver to its rightful place in the finance of the Western world, and 
if he sometimes proved a disappointment to the more responsible 
silverites with his social reforms and his racism, he never ceased 
to be a valuable political ally where silver was concerned. Evi- 
dence of this, and evidence also that he was not operating inde- 
pendently of the American silverites, is seen in the numerous letters 
exchanged between Frewen and various spokesmen of American 
bimetallism. As early as December, 1889, one year after the 
publication of Frewen's The Economic Crisis, Senator John Jones 
of Nevada informed him of the situation in the United States rela- 
tive to the silver campaign. Commenting on the impending Sher- 
man Silver Purchase Act, Jones boasted of the majority in each 
House then enjoyed by the advocates of free silver, and predicted 



64. Ibid., p. 154. 

65. Ibid., p. 144. 

66. The phrase is Hofstadter's; see The Age of Reform, pp. 78-82. 

67. Frewen, Melton Mowbray .... p. 190. 

68. Frewen's address to the Second National Silver Convention, 1892, 
Frewen Papers, WRCIS. The word "applause" is inserted after the com- 
pletion of the sentence in the account of the speech. 



170 ANNALS OF WYOMING 

that "something by way of legislation that will more fully utilize 
that metal as money [would] be insisted upon."'^" 

Though Frewen's reception of the Sherman bill was something 
less than enthusiastic, he nonetheless retained his keen interest in 
the progress of silver in Washington. By May of 1892, he was 
writing to his wife of the "nearly an hour [he had had] with Blaine 
. . . about silver." The Secretary, Frewen recorded, "seemed very 
much interested." After a similar audience with the Secretary of 
the Treasury, Frewen was "passed on to several silver senators, 
all of whom seemed to have got everything I ever wrote. ""*^ 
Frewen was by then an accepted member of the free silver com- 
munity, as his invitation to speak at the second national conven- 
tion readily attests. Nor did he view his responsibilities lightly. 
Though sorely concerned with the progress of his silver mines in 
Mexico, Frewen was forced to refuse his business partner who 
beseeched him to pay a personal visit to his holdings. "I must be 
in Washington on the 26th," he wrote, "the very crisis of the silver 
issue is at hand . . ."'^ 

A year and a half later, in October of 1893, Frewen received 
further confirmation of his importance to the American silver 
advocates. "Jones wants me to throw myself body and bones into 
the silver struggle," he informed his wife, "and if I should say 
'yes" no funds shall be wanting to do it well."^- This later condi- 
tion must have seemed especially attractive to Frewen, but, al- 
though the same offer was tendered him later,''^ he never entered 
as actively as the silverites wished into their crusade. 

Perhaps the reason for Frewen's reluctance was his determina- 
tion to resist the inflationist ideas of most of the American silver- 
ites. Firmly believing that unilateral re-monetization was infeas- 
ible, if not actually dangerous, Frewen began to ally himself 
increasingly with those Americans with whom he was in more 
basic agreement. One of these men was Anthony Higgins, Senator 
from Delaware, and a convinced international bimetallist. It was 
Higgins who wrote to Frewen that "unless all nations give silver 
its full money function, there will still remain, unfortunately for 
mankind, a Silver Question."''^ Unfortunately also, however, was 
the fact that in Higgin's mind "there would be no legislation on 
the silver question ... at least not with Mr. Cleveland in the White 



69. Jones to Frewen, 18 December, 1889, Frewen Papers, WRCIS. 

70. Frewen to his wife, 3 May, 1892, ibid. 

71. Frewen to Mr. Stead, 11 May, 1892, ibid. 

72. Frewen to his wife, 17 October, 1893, ibid. 

73. Richard Bland, author of the Bland-Allison Act encouraged Frewen 
to "Go on with your good work! We will fight the battles here as best we 
can." Bland to Frewen, 21 April, 1896, ibid. 

74. Higgins to Frewen, 11 June, 1894, ibid. 



MORETON FREWEN AND THE POPULIST REVOLT 171 

House, and a Republican majority in Congress."'"' With this 
observation Frewen was forced to agree, for it seemed evident to 
him that the "Democrats [had] saddled themselves with a gold 
mono-metallist President, who is perhaps, more of an admirer of 
the English svstem than can be . . . found . . . outside Lombard 
Street." '« 

Higgins' predictions, of course, proved correct, but it took a 
letter from John Altgeld of Haymarket fame, to give this sentiment 
a note of finality. "1 have read," Altgeld wrote in 1 897, "that all 
great reforms require years, and sometimes even a century to get 
thoroughly rooted and bring forth fruit."'' In 1897 this seemed 
a conservative estimate, at least insofar as free silver was con- 
cerned. By 1925, however, upon Frewen's death, it seemed safe 
to assume that a century was insufficient. 

Frewen, like his American colleagues, was never to achieve suc- 
cess in his crusade for restoring silver to a position of legal tender. 
The historical significance of Frewen's career as a bimetallist, 
however, is in no way dimmed by this failure. The very fact that 
an aristocratic Englishman, the target of a militant Anglophobia 
among many Americans, could champion the cause of his chief 
antagonists, invites some historical speculation. As such, the 
reasons for Frewen's seemingly strange behavior, no matter how 
conjectural, are of some importance. 

Following his earlier success, Frewen, like many of the Wyoming 
cattlemen, began to experience more difficult times. One of the 
reasons for these setbacks, and the factor which Frewen decided 
to attack directly, was the strangle hold placed on the range cattle 
industry by the Chicago meat packers, the middlemen whom 
Frewen so cordially detested. Determined to circumvent the "Beef 
Trusters," Frewen, in 1883, established his own processing plant 
outside of Superior, Minnesota. Messrs. Swift and Armour, how- 
ever, viewed such actions with understandable concern and imme- 
diately flooded the Duluth-Superior market with thousands of their 
own beeves, cutting the prices in this one area and forcing Frewen 
to abandon what might otherwise have been a highly successful 
venture.'"' Incidents such as this are hardly conducive to an 
appreciation of high capitalism and Frewen, as has been seen, 
continued to view the middleman as a dangerous element in the 
American and British economic systems. 

Following his departure from Wyoming in 1885, Frewen 
plunged eagerly into a long series of speculative ventures, all of 
which proved unprofitable. While on a hunting trip in the United 



75. Higgins to Frewen, 18 December, 1895, ibid. 

76. Frewen, "Silver in the 53rd Congress," p. 9. 

77. Altgeld to Frewen, 18 February, 1897, Frewen Papers, WRCIS. 

78. Herbert Brayer. "Moreton Frewen, Cattleman," pp. 10-12. 



172 ANNALS OF WYOMING 

States, he missed gaining control of Denver's public-service trans- 
portation system. Another time he failed to obtain control of a 
Western railroad. And on still another occasion he sold his share 
in an Australian gold mine which later realized a sizeable profit.'^ 
This succession of reversals left Frewen in an embarrassed position 
financially and Moreton was reduced to urging his wife to "please 
God, let the House, sell [her] diamonds, and scramble through as 
best [she could]."''" Financial failure, especially of so acute a 
nature as Frewen experienced, no doubt influenced his later 
radicalism and his complete reversal insofar as the American 
farmer was concerned. By 1893, Frewen was complaining of the 
"upwards of 200 homesteads . . . being sold monthly under fore- 
closures in the single state of Nebraska." The same man who once 
described the advance of the settler as an "irrespressible horde" 
threatening the interests of his foreign owned cattle company, now 
spoke of the once prosperous "yeomanry [being] either evicted 
or . . . remaining on as caretakers for the local bank or the foreign 
mortgage company. '"'^^ 

Whether it was Frewen's own financial misfortunes which 
prompted so striking a change is difficult to determine with any 
finality. Perhaps, he, like Bismarck before him and Teddy Roose- 
velt and countless others after him, was concerned with the 
emergence of "scientific sociahsm," and wished to combat it by 
usurping its main programs. It is evident that the fall of prices 
subsequent to the anti-silver legislation seemed to Frewen to be 
"embittering the relations between the governors and the gov- 
erned, and to be held to justify the admission into the legislation 
of methods of a perverted socialism,"'^- a socialism which to 
Frewen meant only economic chaos. 

It is likewise possible, though not probable, that Frewen's 
radicalism, like his earlier venture into the range cattle business, 
was directed at satisfying the English dilletantes who viewed the 
holding of such sentiments as "a kind of amusement." Frewen's 
progressive ideas might have represented his "biggest luxury . . . 
making him feel moral and yet not damaging his position."*^ 
Again, such an uncharitable view seems improbable, though it 
is not without the realm of possibility. 

For Frewen, however, "position" was a thing of the past, a part 



79. Shelley, "The Papers of Moreton Frewen," p. 17. 

80. Frewen to his wife. 19 April, 1892, Frewen Papers, WRCIS. 

81. Frewen, "Silver in the 53rd Congress," p. 18. (My underlining) 

82. Frewen, The Economic Crisis, p. 80. 

83. Henry James, The Portrait of a Lady, (New York, 1881). p. 101. 
James, writing during the period of the 1880's was an acute observer of the 
English scene. As such, his description of "Lord Warburton" cannot be 
dismissed as pure fiction. 



MORETON FREWEN AND THE POPULIST REVOLT 173 

of his life which by the 1 890's seemed irretrievably lost. Perhaps, 
then, the best explanation is one offered by Frewen himself: 

I had come to think that the stern individualism of [Herbert Spenc- 
er's] sociology was anti-social, [he wrote] and that our world was 
ripe for some new Gospel teaching based not on competition but on 
love.^i 

BIBLIOGRAPHY 

Primary Sources: 
Bancroft. H. H., "Interviews with Wyoming Cattlemen," microf.. Western 
Range Cattle Industry Study. State Historical Society, Denver, Colo- 
rado. 
Frewen, Moreton, Melton Mowbray and Other Memories, London, 1924. 
. Papers, microf., WRCIS, State Historical Society, Denver, Colo- 
rado. 

, "Silver in the Fifty-Third Congress," London, 1894. 

The Economic Crisis, London, 1 1 



Miscellaneous material on the Johnson County War, Wyoming Western 

Historical Collections, Coe Library, University of Wyoming, Laramie, 

Wyoming. 
Powder River Land and Cattle Company, Ltd., Articles of Association, 

WRCIS. State Historical Society, Denver. 
Report of the Secretary of the Interior, 1883, Washington, 1883. 
Warren. Francis, Trust Book, Minutes and Proceedings of the Wyoming 

Stock Growers' Association, Coe Library, Laramie. 

Newspapers: 
Buffalo Bulletin 
Cheyenne Daily Leader 
Denver Republican 
National Economist 
New York Times 
Rocky Mountain News 

Secondary Sources: 
Brayer, Herbert O., "Moreton Frewen, Cattleman," The Westerners Brand 

Book, (Denver), vol. 5, 1949, pp. 1-18. 
Clay, John. My Life on the Range, Chicago, 1924. 
Clements. Roger V., "British-Controlled Enterprise in the West Between 

1870-1900," Agricultural History, vol. 27, October, 1953, pp. 132-141. 
, "British Investment and American Legislative Restrictions in the 

Trans-Mississippi West, 1880-1900," Mississippi Valley Historical Re- 
view, vol. 42, September, 1955, pp. 207-228. 
Frink, Maurice, Cow Country Cavalcade, Denver, 1954. 
Hansen, A. C. "The Congressional Career of Senator Francis E. Warren 

from 1890-1902," Annals of Wyoming, vol. XX, 1948. 
Hicks, John. The Populist Revolt, Lincoln, Nebraska, 1961. 
Hofstadter. Richard, The Age of Reform, New York, 1960. 
Jackson. W. Turrentine, British Interests in the Range Cattle Industry, 

Boulder. Colorado, 1956. 
. "The Administration of Thomas Moonlight, 1887-1889," Annals 

of Wyoming, vol. XVIII, 1946. 
James, Henry, The Portrait of a Lady, New York, 1951. 
Osgood. Ernest S., The Day of the Cattleman, Minneapolis, 1929. 
Shelley Fred, "The Papers of Moreton Frewen," Library of Congress 

Journal, vol. 6, August, 1949, pp. 12-20. 



84. Frewen, Melton Mowbray .... pp. 192-193. 



Zke Klse of Workmen 's 
CompensatioH In Wyoming 

By 

Edmond L. Escolas 

The purpose of this article is to set forth the economic, poHtical, 
and social background of Wyoming in the era when the State 
passed its original Workmen's Compensation Act, and to record 
the evolutionary steps of public opinion formation and compromise 
by which the Statute eventually was enacted. 

THE WYOMING SCENE 1900-1915 

John B. Kendrick (D.), Wyoming's ninth governor, signed the 
Workmen's Compensation Act into law in 1915 when Wyoming 
was preparing to celebrate the silver jubilee of its statehood. Its 
domain consisted of approximately 98,000 square miles, an area 
larger than that of all the New England States combined. More 
than 50 per cent of this land, however, was owned and controlled 
by the Federal Government. 

Although eighth in size, Wyoming, in 1910, was forty-eighth 
in population with a total of 145,965 and a density of one and 
one-half persons to the square mile as against over thirty, for the 
United States as a whole. ^ The State had no navigable streams, 
only limited railroad facilities, and but one city, Cheyenne, with a 
population of more than 10,000.- 

At the time of the 1910 Census, 102,744 persons or 70.4 per 
cent of Wyoming's population lived in rural areas. Of the remain- 
ing urban population, 37,998 or more than 87 per cent were con- 
centrated in five cities namely, Cheyenne, Laramie, Rawlins, Rock 
Springs, and Sheridan. In trend, the rural population had in- 
creased 74.1 per cent or about two and a half times over the 28.9 
per cent increase of the urban population since the last Census.-^ 

Agriculture. Agriculture was Wyoming's dominant industry in 
1910. There were 10,987 farms and ranches employing 24,606 



1. United States Bureau of the Census, Thirteenth Census of the United 
States: 1910. Population, Vol. Ill (Washington: Government Printing Of- 
fice, 1913), p. 1105. 

2. Ibid. 

3. Ibid., pp. 1105-1106. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 175 

persons or about 37 per cent of the State's male labor force 
of 67,593. Farm capital and property was valued at about 
SI 67, 189,000.^ Therefore from the point of view of number of 
establishments, of total employment, and of invested capital, agri- 
culture was Wyoming's most important single industry. 

Both the elevation and the rainfall determine to a great extent 
the character of Wyoming's agriculture. Because of the rugged 
terrain,"' a short growing season generally prevails over the state. 
The average growing season ranges from 59 days in Teton County 
to 144 days in W'ashakie County.'' West of the Continental Divide, 
where the principal farming activities are confined to ranching and 

FIGURE 1 

WYOMING COUNTIES -1930° 



YELLOWSTONE ^ I 



1 --. ^- V 



WiSHiKIE 
HOT SPRINGS ' ' 



.-J ^ 



r' SUBLETTE '^. 



1 



-L^--- i 



CONVERSE 



I NIOBMRa 



LINCOLN I 
I 



-I 
I 



SWEETWATER f 

i 



■ PLATTE \ I 

I GOSHENl 



r 



I " 



"united Sfotcs Bureau of the Census, Fifteenth Census of ttie United 
Stoles: 1930 . Agriculture . Vol. lU (Washington: Government Printing 
Office- 1932). p. 219. 



4. United States Bureau of the Census, Thirteenth Census of the United 
States: 1910, Agriculture, Vol. VII (Washington: Government Printing Of- 
fice, 1913), p. 939. 

5. Ibid. "Very little of the state lies at an elevation of less than 4,000 
feet and more than one-half of the total area of the state exceeds an 
elevation of 6,000 feet above sea level". 

6. Cf. County Map. Figure 1. 



176 



ANNALS OF WYOMING 



Stock raising, the growing season averages 79 days, but in the agri- 
cultural areas of the eastern part of the state, the growing season 
averages 123 days.^ 

in addition Wyoming is an arid state. Except in a few counties 
in the northwestern part of the state, the rainfall over the state is 
not usually sufficient for growing crops without irrigation. The 
normal annual precipitation ranges from ten to fifteen inches. 
Irrigation is practiced in all sections of the state where water is 
available. In 1909, 6,297 or 57.3 per cent of all the farms and 
ranches in Wyoming employed irrigation.*^ 

The general character of Wyoming agriculture is indicated by 
the fact that in the same year somewhat more than one-quarter of 
the total value of all crops, which was estimated at $10,023,000, 

FIGURE 2 

WYOMING COUNTIES- 1910° 



T r 



yiLLOWSTONE 
NATIONAL 
PARK ; 






-^J 



I i- 

i 



\ JOHNSON 

i 

\ 

( 



I- 



■ A 



SWEETWATER 



._.l 



United States Bureau o"f the Census, Thirteenth Census of the United 
States: 19 10 . Abslroct of the Census ( Washington; Governnnenf 
Printing Office, 1913), p. 572. 



7. H. H. Trachsel and R. M. Wade, The Government and Administration 
of Wyoming. (New York, 1953), p. 3. 

8. United States Bureau of the Census, Thirteenth Census of the United 
States: 1910. Agriculture. Vol. VII (Washington: Government Printing 
Office, 1913), p. 940. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 177 

was contributed by cereals and about three-fifths by hay and 
forage. •• The remainder, representing in value 1 2 per cent of the 
total, consisted mostly of potatoes and other vegetables.'" 

In 1909 the leading crops of the state, ranked in order of their 
importance as judged by value, were: hay and forage, $6,077,000; 
oats, $1,829,000; wheat, $644,000; potatoes, $524,000; barley, 
$130,000; and corn, $101,000.'' 

About one-half of the acreage of hay and forage was located in 
Uinta County.'- Other large acreages of this crop were situated in 
three counties in the southeast corner of the state, Laramie, Al- 
bany, and Carbon. Oats were quite well spread out although 
Laramie and Crook Counties had the largest acreages. Nearly 
one-fourth of the wheat acreages was found in Sheridan County. 
Although potato acreage was well distributed generally throughout 
the state, Laramie County contained more than one-fourth of the 
total. About one-third of the barley acreage was in Sheridan and 
Crook Counties in the northeast corner of the state. As for corn, 
LaramJe County had more than one-half of the total acreage of 
this crop.''' 

Another striking characteristic of Wyoming agriculture was the 
great area of semi-arid land utilized for grazing purposes only. 
One such area is the western edge of the Great Plains which 
stretches from Central Wyoming to the eastern border of the state. 
High, treeless and with few rivers, this land is marked by buttes 
and flats. "Bad lands", arid regions which man has not yet con- 
quered, spread out for miles, and can be used only for grazing. 
Another such region spreading from Rawlins to Granger is the 
Great Continental Divide Basin known as the Red Desert. This 
land is admirably suited to winter grazing, for the chinook removes 
the snow from the ground and leaves bare the self-cured, wild hay. 
Because the grass is more adapted to sheep feeding than cattle, 
many herds of sheep eraze there yearly.'^ Consequently the state 
in 1909 had 767,427 ^cattle, 156,062 horses, and 5,397,161 sheep 
valued at around $64,590,000. To these figures may be added 
the wool clip which was priced at $8,913,000.'"' 

Extractive Industries, Mines, Quarries and Wells. With only 
sixty-six operating firms in the same year, the extractive industries, 
mines, quarries and wells, ranked second to agriculture as to total 
employment and invested capital. These industries employed 



9. The hay and forage crop consists principally of alfalfa, wild salt or 
prairie grasses, and other tame or cultivated grasses. 

10. United States Bureau of the Census, op. cit., p. 948. 

11. Ibid. 

12. Cf. County Map, Figure 2. 

13. United States Bureau of the Census, op. cit.. p. 949. 

14. Velma Linford, Wyoming Frontier State (Denver. 1947) p. 19. 

15. United States Bureau of the Census, op. cit., pp. 945-946. 



178 ANNALS OF WYOMING 

about 8,500 wage earners and had capital of some $9,505,365. 
Bituminous coal mining was the giant in this field. Thirty-five 
operators working sixty-five mines employed over 92 per cent 
of the workers and contributed over 92 per cent of the value of 
the products of all mines, quarries, and wells. ^^' These coal mines 
were located for the most part along the route of the Union Pacific 
Railroad in such towns as Hanna, Rock Springs, Kemmerer, Dia- 
mondville, and the now ghost towns^" of Almy, Cumberland, 
Carbon, and Spring Valley. 

The corporate form of business enterprise dominated the bitum- 
inous coal industry. Seventy-four per cent of the operators were 
incorporated and they produced 99.2 per cent of the total value 
of products and hired 98.8 per cent of all wage earners.''^ 

Ownership of the bituminous coal industry was highly concen- 
trated in the hands of the Union Pacific Railroad. Most of the 
extensive outcroppings of coal were on land on which the Union 
Pacific had been granted the mineral rights through the amended 
Raihoad Act of 1864.''' The railroad owned and operated mines 
at Hanna, Superior, Reliance, Winton, Spring Valley, Cumberland, 
and Rock Springs. 

Of the 7,839 wage earners employed in the bituminous coal 
industry in 1909,-" 6,447 were members of District 22 of the 
United Mine Workers of America.-' Rock Springs had five locals 
with a combined membership of 1,636; Hanna had 497; Superior, 
769 in two locals; and Cumberland, 455. The rest of the member- 
ship was scattered throughout the other mining communities. It 
was these same organized miners, many of whom had been mem- 
bers of the defunct Knights of Labor, who were in a few years to 
spearhead the workers' drive for workmen's compensation. -- 

Manufacturing. In comparison with agriculture and the extrac- 
tive industries, manufacturing was not of great importance in 
Wyoming during this period. The Census--^ reported a total of 
268 establishments operating for the most part in seven manu- 
facturing areas. Capital allocated to these industries amounted 
to some $6,195,000. Value of product totaled $6,249,000 while 



16. United States Bureau of the Census, Thirteenth Census of the United 
States: 1910. Mines and Quarries, Vol. XI (Washington: Government 
Printing Office, 1913), p. 179. 

17. Linford, op. cit., pp. 347-358. 

18. United States Bureau of the Census, Vol. XI, op. cit., p. 177. 

19. Linford, op. cit. pp. 347-358. 

20. United States Bureau of the Census, Vol. XI, op. cit., p. 179. 

21. United Mine Workers of America, Proceedings of the Eighth Annual 
Convention of District 22 (Cheyenne: 1910), p. 28. 

22. Linford, op. cit., pp. 356-357. 

23. United States Bureau of the Census, Thirteenth Census of the United 
States: 1910. Manufactures, Vol. IX (Washington: Government Printing 
Office, 1913), pp. 1363-1373. 



THE RISE OF WORKMENS COMPENSATION IN WYO. 179 

employment averaged 2,867 workers annually of which 58.9 per 
cent were employed in railroad construction and repair shops. 
Another 22.6 per cent or some 648 workers were working for the 
sixty-three firms in the lumber and timber industry. The remain- 
ing 18.5 per cent or 529 employees were thinly spread among such 
enterprises as printing and publishing, bread, butter and cheese, 
liquor, gristmill products, and others. 

Oil. Oil, which was to blossom into a major Wyoming industry 
in the 1920's, was as yet of little significance. According to the 
Census--*, there were fifteen petroleum and six natural gas wells. 
They involved capital of $548,000, produced a value of product of 
$18,929, and hired on the average twenty-five men during the 
summer months. Most of the oil wells were located in the Salt 
Creek field near Casper.-"' An adjacent area, Teapot Dome, was 
to figure prominently in the oil scandals of President Harding's 
administration. 

Economically youthful, Wyoming was also young in social 
customs and institutions. A little of the State's frontier flavor may 
be sampled by reviewing briefly a few of the historical events of 
this era. The first decade or so of the Twentieth Century found 
the State wrestling with problems which characterize an area of 
new settlement. The land-population ratio, generally low rainfall 
and wide open spaces provided an environment which made cattle 
grazing an important economic activity. Cattle "rustling" was a 
problem of the time. The legislature was concerned with the 
location of major public institutions, definition of counties, the 
foundation of a state road network, protection of the public against 
fraudulent promotional schemes, Indians, and control of such 
"vices" as gambling and alcoholic consumption. 

An example of the "rustler" problem is seen in the case of Tom 
Horn, known as the "Wyoming man killer". Tom Horn was 
employed as a detective by the Stock Growers' Association to 
apprehend "rustlers". Finding it most difficult to secure the con- 
viction of a "rustler", Horn adopted the policy of acting as detec- 
tive, prosecutor, judge, jury, and executioner. He abandoned all 
efforts to bring suspected persons to justice, and applied the 
penalty of death by shooting. He usually struck from ambush and 
his name spread terror among the guilty and innocent alike in 
1901. Horn was paid for each victim, his fees ranging from $500 
to $700. He indicated his gruesome handiwork by placing a rock 
beneath the head of the murdered person. In 1903 the saga of 
Tom Horn ended. He was convicted and hanged in Cheyenne, 
for the murder of a thirteen-year old sheepherder.-" 



24. United States Bureau of the Census, Vol. XI, op. cit.. p. 179. 

25. Linford, op. cit. p. 375. 

26. Ibid, p. 341. 



180 ANNALS OF WYOMING 

A major feature of the general election of 1904 was the issue 
dealing with the permanent location of the four principal state 
institutions, namely: the capitol, the university, the state peniten- 
tiary, and the insane asylum. The voters decided by a fair margin 
that these four institutions should remain in the cities where they 
had been originally established, that is, Cheyenne, Laramie, Raw- 
lins, and Evanston.-' 

During the midsummer months of 1906, a band of renegade Ute 
Indians from the White River Reservation in the state of Utah 
made their appearance in Wyoming. From two to five hundred in 
number and heavily armed, they traversed the entire width of the 
state slaughtering cattle, deer, elk, antelope, buffalo, and other 
wild game. Federal troops were finally called in and the Utes 
were removed to Fort Meade. South Dakota.-"^ 

In 1907 the Shoshone Indian lands, located for the most part 
in northern Fremont county, were opened for settlement and an 
influx of homesteaders poured into the area.-" 

One result of the increasing population and of the rise in 
assessed land valuations was the wholesale creation of new coun- 
tries. In 1911 the Eleventh Legislature added seven new counties 
to the fourteen already in existence. The county boundaries of 
Wyoming were thereby defined except for the extreme western 
counties of Sublette and Teton which were created in 1921.'^"^ 

In 1913, the Twelfth Legislature laid the foundation for a net- 
work of state highways by designating precisely the route for 
twelve roads. -^^ These main arteries with feeders, along with the 
automobile, were soon to solve the old problem of getting speedily 
from one part of the state to another. 

In the same year, the Legislature ratified the seventeenth 
amendment to the state constitution providing for the popular 
election of United States senators.'^- Four years later, John B. 
Kendrick (D.), then governor, became the first Wyoming senator 
elected by popular vote.'^-^ 

It was during this period, 191 1-1915, especially with Governor 
Joseph M. Carey (R.) in the state capitol that law enforcement was 
given serious consideration. A "Blue Sky" Law to protect in- 
vestors from fraudulent promotions in copper mining and oil was 
proposed but not enacted. The laws against gambling, prize 
fighting, and the sale of intoxicants were, however, under stricter 

27. Frances B. Beard, Wyoming From Territorial Days to The Present 
(Chicago and New York, 1933), p. 549. 

28. IbiJ., pp. 561-562. 

29. IhiJ., p. 567. 

30. Ibid., p. 577. Compare county maps Figures 1 and 2. 

31. Ibid., p. 581. 

32. Ibid., p. 588. 

33. Linfoid, op. cit., p. 324. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 181 

interpretation. An attempt, though not entirely successful to this 
day, was under way to make Wyoming less "wild and wooly".'^^ 

Primary elections clearly indicate that politically Wyoming was a 
Republican state. Six of the first nine governors were Republi- 
cans.'' Except for an occasional Democrat, the important state 
officials, the Representative to Congress, the United States Sen- 
ators, and the majority in both Houses of the Wyoming Legislature 
were all members of the Republican party in this era.-'*' 

This briefly was the broad socio-economic-political atmosphere 
of Wyoming at the precise time when Workmen's Compensation 
Legislation was being brought under serious consideration by all 
interested parties, labor, management, and the public, throughout 
the entire nation. The adoption of a Workmen's Compensation 
Law by Wyoming was perhaps less a reflection of the internal 
economic group pressures of a burgeoning industrial population 
with its felt needs for relief of the problem of loss of earning 
power from industrial accidents than it was a response to the 
stirrings of the labor groups in more industrialized states, most of 
which had already enacted laws of the kind.''' 

THE RISE OF WORKMEN'S COMPENSATION IN 
WYOMING 

Wyoming's biennial legislatures of 1907 and 1909 make no 
mention of the popular reform movement which was underway 
nationally as regards to methods of compensation for industrial 
accidents and deaths. •^'' Historically Wyoming's earliest attempt 
to adopt a basic new approach to the socio-economic problem of 
occupational injuries and deaths took place during the 1911 legis- 
lative session. 

Senate File Number 117 The Eighth Annual Convention of 
District 22, United Mine Workers of America which met in Chey- 
enne in June, 1910, favored the introduction of a workmen's com- 



34. Frances B. Beard, op. cit., pp. 585-586. 

35. From Francis E. Warren (R.), 1890 to John B. Kendrick (D.), 1915. 
Although elected on the Democratic ticket in 1911, Joseph M. Carey was by 
his own admission a life-long Republican. He is therefore tabulated as a 
Republican governor. 

36. Linford. op. cit., p. 324. "Never have the Democrats failed to elect 
some officials, yet only once in the history of the state. 1934, did the party 
elect five state officials, the Representative to Congress, the United States 
Senator, and the majority in both Houses of the legislature. Democrats have 
controlled the Senate only twice and the House three times." The Demo- 
crats controlled the House a fourth time in 1959. 

37. Twenty-three States passed Workmen's Compensation legislation be- 
fore Wyoming's law was enacted. 

38. H. M. Somers and A. R. Somers. Wori<men's Compensation, (New 
York: 1954). p. 15-16. 



182 ANNALS OF WYOMING 

pensation statute during the 1911 state legislative session.-^" This 
law is referred to by President Thomas Gibson as "death and total 
disability insurance lavv".^" Secretary-Treasurer James Morgan 
termed it a "compulsory insurance law" and suggested review of 
the recently adopted Montana Act with a view as to the feasibility 
of adopting a similar statute for Wyoming. ^^ 

On February 9, 1911, the Wyoming Tribune'^-, in a front page 
story, reported that the labor interests of the state would introduce 
a bill proposing enactment of a workmen's compensation law. 
The law would: 

1 . Protect workers engaged in hazardous employments. 

2. Establish a schedule of compensation to be paid by employers to 
to employees injured on the job or to dependents in the event of 
death. Widows, for example, would receive 1,200 times their 
husbands' daily wage but not to exceed $3,000. 

3. Eliminate the employers' common-law defenses. 

4. Serve merely as an additional remedy for the workmen, as the 
existing law covering personal injury would still be operative. 

Labor's request for some system of workmen's compensation 
crystalized on February 13, 1911. On that day, which was not 
only the last date for bringing out new bills but also a mere five 
days away from legislative adjournment. Senator George H. Cross 
(D. ) from Converse County requested and was granted permission 
to introduce the last bill of the session. Senate File Number 
1 1 7 was: 

"A bill for an act regulating the liability of employers to employees 
who are or may be injured while engaged in dangerous employments, 
fixing a scale of compensation to be paid such employees and pro- 
viding the procedure by which the provisions of this Act shall be 
enforced. "^-^ 

The bill was referred to the Committee on Mechanical, Manu- 
facturing and Laboring Pursuits. This committee composed of 
G. B. McClellan (R.) of Big Horn County, F. A. Hadsell (R.) of 
Carbon County, and W. H. Holliday (D.) of Albany County, 
made no report. Secretary-Treasurer James Morgan in his report 
to the delegates at the Ninth Annual Convention of the United 
Mine Workers of America, District 22, in July, 1911 commented 
in this fashion: "The workmen's compensation act [and another 



39. United Mine Workers of America, Proceedings of the Ninth Annual 
Convention of District 22 (Cheyenne: 1911), 27. 

40. United Mine Workers of America, Proceedings of the Eighth Annual 
Convention of District 22 (Cheyenne: 1910), p. 19. 

41. lt)id., p. 31 The Montana law was declared unconstitutional in the 
case of Cunningham v. Northwestern Improvement Co., 44 Montana 180 
(1911). 

42. Wyoming Tribune [Cheyenne], February 9, 1911, p. 1. 

43. Wyoming Senate Journal, 1911, pp. 328-329. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 183 

bill] are reposing quietly and peacefully in the Senate labor bill 
graveyard . . ."^-^ 

Looking back one may point to several reasons why no bill was 
forthcoming during the legislative session. One was the lateness of 
the hour of the filing of the proposed bill. Another was the paucity 
of information and publicity concerning such a vital law. Still 
another was the fact that labor, although numerous and well organ- 
ized, '•' chose to go it alone without the employer on an issue which 
was of such vital economic interest to the majority of the largest 
employers within the state, namely the coal operators. Still 
another reason was the indefiniteness of the proposal as indicated 
by the ambiguity of the Convention Reports"**', the newspaper 
article^', and Senate File Number 117"*'' itself. In sum, the pro- 
posed bill appeared when the times looked more ideally suited for 
studying, comparing, and surveying the field of workmen's com- 
pensation as well as conferring with the interested parties. 

House Bill Number 240 By early 1913 Wyoming's Twelfth 
Legislature seemed intent on pursuing just such a course of study 

TABLE I 

MEMBERSHIP UNITED MINE WORKERS OF AMERICA 

DISTRICT 22a 

1903-1916 



Year 


Number of Locals 


Membership 
Paid Up 


1903b 


2 


323 


1904 


3 


543 


1905 


3 


471 


1906 


4 


736 


1907 


26 


1972 


1908 


30 


5689 


1909 


29 


60141/2 


1910 


32 


6447 


1911 


34 


64611/2 


1912 


32 


6885 


1913 


36 


6282 


1914 


36 


6962 


1915 


35 


6061 


1916 


31 


5897 



"United Mine Workers of America, Second Biennial Convention Pro- 
ceedings of District 22 (Cheyenne: 1916), p. 17. 

bDate of organization of District 22. Until 1910 Montana was part of 
District 22 United Mine Workers of America. The above figures, however, 
are for Wyoming only. 



44. United Mine Workers of America, Proceedings of tlie Nintfj Annual 
Convention of District 22 (Cheyenne: 1911), p. 28. 

45. Cf. Table I. 

46. See p. 14. 

47. See p. 15. 

48. Ibid. 



184 ANNALS OF WYOMING 

and investigation in the area of workmen's compensation legisla- 
tion. Mr. E. R. Fisher of Diamondville, Republican representative 
from the mining counties of Uinta and Lincoln, which are located 
in the southwestern part of the state, introduced on February 1 1 , 
1913, House Bill Number 240. In brief this bill provided "for 
an act for the appointment of a committee to consider and investi- 
gate Workmen's Compensation Acts, providing for their compen- 
sation, and other purposes."^'' 

The original bill was amended by the Senate. The amendment 
specified that the State Auditor and the State Treasurer should 
participate in appointing members to the proposed commission. 
This piece of legislation, quickly and with little opposition, was 
passed by both Houses and by February 22, 1913 was ready for 
the Governor's signature''". It appeared fairly evident that Wyo- 
ming was to join the many other states in conducting a study of 
workmen's compensation systems. 

On March 8, 1913, Repubhcan Governor Joseph M. Carey 
vetoed House Bill No. 240. "This bill was vetoed," wrote the 
Wyoming Tribune, "because as passed, it would make the auditor 
and treasurer of the state participate in the appointment of such a 
commission. Governor Carey quotes the Constitution to show 
that this is an infringement upon his authority, and he therefore 
will not approve the bill.""'^ Wyoming was thereby destined not 
to undertake a comprehensive study of workmen's compensation 
systems at this time. 

House Bill Number 241 While early records did not presage 
House Bill No. 240, the Wyoming Tribune of January 20, 1913 
reports the following: "The Sweetwater County delegation in the 
House, Representatives Young, McAllister, Evers, and Manson, 
will specialize in labor legislation and will give their support to 
the measures advocated by the Wyoming Federation of Labor, 
among them are bills for an employers' liability law . . ."•^- 

Subsequently on February 11, 1913, Mr. WilUam McAllister, 
Democratic representative from the mining county of Sweetwater, 
introduced House Bill No. 241. The bill provided "for an act to 
submit to the qualified voters of the State of Wyoming an amend- 
ment to the Constitution of the State of Wyoming adding to Section 
4 of Article 10 of the Constitution a provision authorizing and 
requiring Workmen's Compensation Acts."-^'^ 

The reasoning behind the proposal to amend Wyoming's consti- 
tution can be explained by the Ives v. South Buffalo Railway 



49. Wyoming House Journal, 1913, p. 265. 

50. Ibid., pp. 514, 517. 

51. Wyoming Tribune [Cheyenne], March 8, 1913, p. 1. 

52. Ibid., January 20, 1913, p. 4. 

53. Wyoming House Journal, 1913, p. 265. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 185 

decision."'^ In this precedent setting case, New York's compulsory 
workmen's compensation law of 1910 was held to be unconstitu- 
tional, as it violated the due-process clauses of the State and 
Federal constitutions. Confronted with the possibility of a con- 
stitutional challenge, Wyoming legislators chose to propose a 
constitutional amendment to make unquestionably certain that 
compensation legislation, if enacted, would be legal.''"' 

The choice of the legislators proved to be a wise one if one 
judges from the events that followed. The shadow of unconsti- 
tutionality hung over the workmen's compensation movement until 
1917, when in three separate decisions the United States Supreme 
Court affirmed the constitutionality of the three prevailing types of 
laws: New York's 1913 compulsory law, Iowa's elective law, and 
the Washington law which included an exclusive state insurance 
fund.''" Thus by employing the constitutional amendment, Wyo- 
ming's compensation law was from its inception permitted to 
develop in an atmosphere free from legal and judicial entangle- 
ments. 

House Bill No. 241 passed the House on February 19, 1913 
with the following vote: ayes, 53; noes, none; absent, one.'''' 
The Senate concurred three days later with a vote of 26 ayes; 
noes, none; and one absent.'''' The constitutional amendment had 
thereby passed both Houses with ease. On February 26, 1913, 
Governor Carey signed the bill into law which read, in part, as 
follows: "An Act to submit to the qualified voters of the State 
of Wyoming an amendment . . . adding ... a provision authorizing 
and requiring Workmen's Compensation Acts."""'' 

This amendment, if approved by a majority of the electors, 
would serve as a mandate to the legislators to enact a workmen's 
compensation act during the next legislative session. The amend- 
ment furthermore outlined broadly the framework for the new 
law, namely: (a) to be an exclusive remedy; (b) to cover extra- 
hazardous employments; (c) to establish an exclusive state fund.''" 

Passage of the Constitutional Amendment The next step for- 
ward in the history of Wyoming's Workmen's Compensation Act 
was to obtain approval of the amendment by a majority of the 



54. Ives V. South Buffalo Railway Co., 201 New York 271 (1911). 

55. Seven states, including Wyoming, have amended their constitutions. 
The others are Arizona, California, New York, Ohio. Pennsylvania, and 
Vermont. 

56. New York Central Railroad Co. v. White, 243 U.S. 188 (1917); 
HawJ<ins v. Blealcley, 243 U. S. 210 (1917); Mountain Timber Co. v. Wash- 
ington 243 U.S. 219 (1917). 

57. Wyoming House Journal, 1913, p. 413. 

58. Ibid., p. 506. 

59. Wyoming Session Laws, 1913, Chapter 79. Section 1. 

60. Ibid. 



186 ANNALS OF WYOMING 

electors at the next general election in November of 1914. Need- 
less to say, propaganda was quickly forthcoming from those parties 
vitally interested in the legislation, namely, the political parties, 
the labor organizations, the employers, and the press. 

On February 18, 1914, the amendment received the endorse- 
ment of the independent Progressive Party. Section fourteen of 
the Resolutions of the Progressives read as follows: "We favor 
the adoption of the amendment to the constitution of this state 
for a workmen's compensation act."*^^ 

The amendment, of course, continued to enjoy the active sup- 
port of the Democratic Party and its representatives who sponsored 
the legislation in the House. In due course on April 7, 1914, the 
provision concerning enactment of a workmen's compensation act 
became a plank in the Democratic Party platform. The resolution 
adopted by the Democratic Committee relating to labor legislation 
states: "That we favor the enactment of . . . adequate Uability 
and compensation laws.""- 

On September 4, 1914, the Republican Party made it unani- 
mous. A plank in their political platform said: ". . . to facilitate 
and adjust equitably between employer and employee, injuries sus- 
tained by the latter, we favor the passage of a Workmen's Com- 
pensation Act. The settlement of questions involving life and limb 
should be a matter of law, not luck."*''' 

With the backing of all political parties assured, the amendment 
certainly had an excellent chance of being carried by the popular 
vote at the forthcoming November election. 

From July 16 to July 18, 1914, the Wyoming Federation of 
Labor was scheduled to hold its annual convention in Cheyenne. 
"One of the chief political questions," reported the Tribune several 
days before the meeting, "which will come before the labor fed- 
eration will be the discussion of the employers' liability and 
compensation bill."'"' 

On July 17, 1914, an article in the same Cheyenne newspaper 
related that the representatives of Wyoming labor were discussing 
problems involving industrial legislation. "Chief among the 
movements being discussed," it stated, "is campaigning for . . . 
the enactment of a compulsory workmen's compensation law."^^ 



61. Wvoming 1 ribiine [Cheyenne], February 18, 1914, p. 2. 

62. I hid.. April 7, 1914, p. 8. 

63. IhicL. September 4, 1914, p. 8. Downey wrote in this manner: "Some 
seven-eights of all work injuries in the United States were left without legal 
relief." (E. H. Downey. Workmen's Compensation, (New York and Lon- 
don. 1924), p. i4.4.) Bowers concluded that "employers' liability, under 
the influence of common-law doctrine, was interpreted to mean exempti- 
bility. rather than responsibility." (E. L. Bowers, Is It Safe To Work?, 
(New York and London, 1930), p. 170.) 

64. Wvoming Tribune [Cheyenne], July 10, 1914, p. 8. 

65. IhuL, July 18, 1914, p. 1. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 187 

Later the provision for compulsory workmen's compensation leg- 
islation became point three of the labor convention's proposed 
platform. 

The labor assembly, as a body, approved the resolution calling 
for the adoption of a compulsory workmen's compensation act on 
July 18. 1914. The State Federation also voted at this time to 
appeal to the American Federation of Labor for aid in bringing 
about the desired legislation.''" 

In keeping with its promise to publicize the amendnient, the 
Wyoming State Federation of Labor, in October, 1914, issued a 
leaflet entitled, "Workmen's Compensation Explained", which 
summed up the position of organized labor. 

The lime has arrived when Wyoming must give acknowledgement of 
her advancement by placing upon her statute books an act providing 
for the compensation of workmen injured during the course of in- 
dustry. This fact is conceded by the employers and the employees of 
the largest and most hazardous industry of the state - that of coal 
mining. 

The passage of the amendment will enable the legislature to pass 
an efficient compensation law. so that hereafter when a workman is 
injured or killed, they or their dependents will receive an equitable 
compensation. Nearly every mining and industrial community have 
their quota of human derelicts, who crippled and unable to follow 
any vocation have become dependents on society. An adequate com- 
pensation law will relieve this condition in Wyoming to a large 
extent. ti" 

Wyoming's largest and strongest union,"^ the United Mine 
Workers of America, District 22 met on July 20 through July 22, 
1914 in the Mine Workers' Hall in Cheyenne. Already on record 
as favoring a workmen's compensation act"'', the Miners pledged 
to continue '" their publicity campaign along with the Wyoming 
Federation of Labor. 

President A. G. Morgan in his report to the delegates expressed 
the opinion that passage of the amendment would require con- 
siderable work, not because of employers' objections, but because 
of the need of securing an unusual number of affirmative votes. '^ 



66. Ibid. 

67. Workmen's Compensation Explained (Cheyenne, Wyoming; undat- 
ed), p. 1. Probably printed in October, 1914, or earlier by the Wyoming 
Federation of Labor, as the Wyoming Tribune of Cheyenne discussed the 
booklet editorially on October 13. 1914. p. 4. 

68. Cf., Table I. p. 17. 

69. Cf., p. 14. 

70. Vigorous articles advocating passage of the amendment had appeared 
in the Wyoming Labor Journal of Cheyenne during the months of April, 
May, June, September and October, 1914. In October of 1914 every issue 
featured the proposed amendment on the front page. 

71. Cf. pp. 27-28 on the matter of votes required for passage of a con- 
stitutional amendment. 



188 ANNALS OF WYOMING 

He further announced thai the Miners and the State Federation 
had employed George E. Bateman, a district auditor for District 
22. to make a study of workmen's compensation. Mr. Bateman 
had completed his task and was using the information acquired in 
the various publicity notices advocating passage of the amend- 
ment. '-' 

The following words by President Morgan are of interest as they 
presage the approach which was later to be used in order to secure 
a Workmen's Compensation Act which would be agreeable to 
both labor and management in the coal mining industry. 

"Later on it will be necessary to find out if it will be possible to 
arrange a meeting of parties concerned to find out if any great differ- 
ence exists concerning the exact terms of the prospective law. 

It is very necessary that no chances be taken by the workers of the 
state and that their interests be protected just as much as possible. 
Exact knowledge being the first requisite the study and application of 
Bro. Bateman should equip him to take the leading part in represent- 
ing our side of the matter. 

The coal operators of the state have signified their willingness to 
have workmen's compensation in lieu of the present unjust and ineffi- 
cient system of payment for injury. They are willing to have a con- 
ference to see if any possible difference might not be amicable 
adjusted. 

Personally. I favor this system rather than present an ideal measure 
of our own drafting to the legislature and then have it pursue the 
uncertain course that 1 know it will necessarily travel. If a measure 
can be agreed to before presentation to the legislature, it will in all 
likelihood more nearly represent the real desires of the workers of 
this state than if it was subjected to all sorts of unfriendly amend- 
ments."'-'' 

Editorially on October 13, 1914, the Wyoming Tribune, a solid 
Republican newspaper, commented briefly on the leaflet issued by 
the Wyoming Federation of Labor, and commended the Federation 
for its interest in the amendment providing for a workmen's com- 
pensation law.'* 

The Tribune had previously stated its affirmative position con- 
cerning the proposed constitutional amendment with the following 
editorials: "Workmen's Compensation""'', "Call attention to the 
most important amendments yet proposed to the Wyoming Consti- 
tution""'', "Reasons why you should vote Workmen's Compensa- 
tion Act";'"^ ".A, Most important amendment"^'*; and, "The rising 



72. United Mine Workers of America, Proceedings of the First Biennial 
Convention of District 22 (Chevenne: 1914), p. 9. 

73. I hie/., pp. 9-10. 

74. Wxoming Trifnme [Cheyenne], October 13, 1914, p. 4. 

75. Ihid.. luly 7, 1914. p. 4. 

76. Ihid.. August 6. 1914, p. 4. 

77. Ihid.. September 18, 1914, p. 4. 

78. Ihid., September 28, 1914, p. 4. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 189 

tide of Workmen's Compensation Legislation"/-' Moreover, on 
October 28, 1914, the Wyoming Tribune reaffirmed its stand on 
this issue in unequivocal terms: "One of the most important 
amendments is that providing for workmen's compensation acts. 
It is a meritorious amendment and should be adopted. "''" 

The attitude of the employers appeared to be one of understand- 
ing and cooperation, as was indicated previously'^\ and is again 
expressed in the following exerpt; 'We understand that the labor 
interests are willing to confer with the employers about every detail 
of the proposed law, hoping that an agreement may be reached, 
under which the bill when introduced into the legislature will not 
be made cumbersome or ineffective by hasty and ill-advised 
amendments. '"*- 

No organized opposition to the measure ever appeared on the 
scene. "'•' Therefore on the eve of the November election, the pro- 
posed constitutional amendment enjoyed the open and active sup- 
port of th parties most vitally concerned with its passage, namely: 
the political parties, organized labor, the press, and the employers. 
However, the proof of the pudding was, to paraphrase a famous 
saying, in the election returns. 

The following appeared without comment in the November 1 1, 
1914 edition of the Wyoming Tribune, "Amendment for Work- 
men's Compensation Adopted. '"^^ Two days later the Labor 
Journal had the not so affirmative banner headline, "Looks Like 
Workmen's Compensation Passed'".'^' 

Again on November 11, 1914 the Tribune wrote editorially: 
"Who will be the Man? What member of the next legislature is 
going to begin now and come prepared with a bill that meets the 
situation? Such a bill should be introduced by a Republican 
member and should be passed by Republican votes. "*^*' 

On November 14, 1914, the Wyoming Tribune carried the 
following article: 

Compensation Amendment is Safely Passed - Addition to Consti- 
tution has Majority of more than 2,000. 

Returns which are virtually complete from 16 of 21 counties on 
the vote cast on Amendment Number 1, establishing a workmen's 
compensation law in Wyoming, show that the amendment has carried 
in these counties by a majority of 2,369 votes. 

The compiled vote for the 16 counties give 17,067 for the adoption 



79. Ibid.. October 1, 1914, p. 4. 

80. Ibid.. October 28, 1914, p. 4. 

81. Ref. earlier article by author. 

82. Wyoming Tribune [Cheyenne], October 13, 1914, p. 4. 

83. Agricultural employment was excluded from the Act. Therefore the 
farm vote was not a factor. 

84. Wxoming Tribune [Cheyenne], November 11, 1914, p. 2. 

85. Wyoming Labor Journal [Cheyenne], November 13, 1914, p. 1. 

86. Wyoming Tribune [Cheyenne], November 11. 1914, p. 4. 



190 ANNALS OF WYOMING 

of workmen's compensation and 14,689 against. While many did not 
vote on the amendment, this fact is counted as being against the 
enacting of the bill, inasmuch as it requires a majority of more than 
one-half the total number of votes cast. Virtually half of the votes 
recorded against the amendment were actually written in on the ballot. 
To the workmen's compensation act [constitutional amendment] 
was given the greatest number of votes either for or against.**" This 
fact is attributed to the amount of editorial publicity given the amend- 
ment in the newspapers over the state and the active campaigning 
conducted by the Wyoming Federation of Labor and the various 
political parties.'*'* 

"Only the amendment to the state constitution establishing a 
workmen's compensation act carried, "'*'' reported the Wyoming 
Tribune on December 17, 1914. The official count was 24,258 
votes for the amendment and 3,915 against it. Legally, however, 
a majority of the votes cast is necessary for passage of a constitu- 
tional amendment. On this basis, therefore, of the 44,877 cast, 
workmen's compensation received 24,258 or 1,819 more votes 
than the required majority."" The amendment to Wyoming's Con- 
stitution had been adopted by the electors. 

About a week later, Governor Carey officially proclaimed that 
the workmen's compensation amendment had been incorporated 
into Wyoming's Constitution.''^ This action now placed squarely 
upon the Thirteenth Legislature the mandatory duty to enact a law 
providing for the payment of workmen's compensation. 



ADOPTION OF A WORKMEN'S COMPENSATION 

LAW 

The Wyoming Tribune on December 28, 1914, commented 
editorially that it was more or less common knowledge that the 
labor interests in the coal fields and the large coal operators were 
working together and preparing for the coming legislature a bill 
"that would meet the demands of the situation and be generally 
satisfactory. "■'- 



87. Three other amendments had been proposed to the voters at this 
time: (1) a provision to extend the legislative session to sixty days; (2) a 
provision authorizing a special tax on livestock for bounty on predatory 
animals; (3) a proposal authorizing state work on public highways. [Fran- 
ces B. Beard. Wvoniiiii^ (Chicago and New York : American Historical 
Society, 1933) I, p. 604.] 

88. Wyoming Tribune [Cheyenne], November 14, 1914, p. 6. 

89. Ibid., December 17, 1914, p. 6. Historically the workmen's compen- 
sation amendment was the second constitutional amendment ratified by the 
Wyoming voters. [Beard, op. cit., p. 604.] 

90. Wyoming Tribune [Cheyenne], December 17, 1914, p. 6. 

91. Ibid., December 26, 1914, p. 1. 

92. Ibid., December 28, 1914, p. 4. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 191 

Indeed on December 29, 1914, the coal mine operators and the 
officials of the United Mine Workers of America, District 22, met 
at the Labor Hall in Cheyenne with the intention of drafting a 
suitable bill on workmen's compensation for presentation to the 
members of the convening legislature. -'-^ 

Newspapers'-'^ of that day do not indicate whether or not the 
United Mine Workers and the coal mine operators agreed on a 
bill at this time. But lack of pubhcity by both parties as well as 
the press would seem to indicate that very little progress had been 
made. 

A statement issued on December 31, 1914, by the Cheyenne 
Trades and Labor Assembly would seem to substantiate the point 
of view concerning a lack of agreement between the parties. The 
.Assembly went on record as favoring "such compensation act as 
shall be agreed upon between the representatives of organized 
labor and the representatives of the employers.""'' The Assembly 
would go along once the principals agreed on a bill. However the 
article further noted that the proposed legislation was still in 
process of formulation and not available as yet for discussion.-'*' 

At this juncture it seemed reasonable to assume that the em- 
ployers and the labor interests were working together in order to 
prepare a law that would be acceptable on the whole to both 
parties. In fact some years later, William C. Deming, editor of 
the Cheyenne Wyoming Tribune, who had in 1914 prepared and 
helped put across the Republican plank endorsing a Workmen's 
Compensation Act, noted that, ". . . framing of the law was by 
tacit agreement left to the coal operators and the coal miners.""" 

The Wyoming Tribune predicted on January 2, 1915, that the 
workmen's compensation act, supported by the Wyoming State 
Federation of Labor, would be one of the first bills to be presented 



93. Ibid.. December 29, 1914, p. 6. 'The operators were: Frank A. 
Manley. Assistant General Manager of the Union Pacific Coal Company. 
Omaha; Thomas Sneddon of Diamondville, Wyoming; John A. Bennowitz, 
Omaha; H. C. Campbell, Central Coal and Coke Company, Kansas City; 
P. J. Quealy of Rock Springs and Kemmerer, Wyoming." No mention is 
made of union officials but the following must have been present: Arthur 
B. Morgan, President of United Mine Workers District 22; George E. Bate- 
man, district auditor for District 22 and a student of workmen's compensa- 
tion systems; W. W. Gilroy, President of the Wyoming Federation of Labor; 
and Paul J. Paulsen, President of U.M.W. of America Local 2174 at Rock 
Springs, Wyoming. 

94. The author carefully checked the newspapers of Cheyenne, Rawlins, 
and Rock Springs, Wyoming. Rawlins is located close to Hanna, site of the 
Union Pacific coal mines. Rock Springs is surrounded by coal mines. 

95. Wyoming Tribune [Cheyenne], December 31, 1914, p. 3. 

96. Ibid. 

97. Ibid., January 24, 1921, p. 4. 



192 ANNALS OF WYOMING 

when the overwhelmingly Republican legislature convened on Jan- 
uary 12 for its forty-day session."'^ Simultaneously the Wyoming 
State Federation of Labor hailed the passage of the amendment 
to the constitution as being the greatest victory and one of the 
most significant features of the year for organized labor. The 
Federation also asserted that it was largely because of the efforts 
of labor itself that the bill passed."'* This is only partially correct 
as we have seen earlier the roles played by other interested parties. 
In addition, with a Republican legislature, labor would especially 
need the support of the employer groups. 

Even before the opening session of the Thirteenth Legislature, 
interested parties began to issue statements concerning the various 
ingredients which they believed should be incorporated in the new 
compensation statute. 

The Wyoming Tribune favored in form an Act which would 
employ an administrative commission, in lieu of court adminis- 
tration, and an exclusive state fund. The administrative com- 
mission would eliminate ". . . the payment to lawyers, witnesses, 
and casualty corporations, and the expense and wage loss due to 
trials and appeals."^"" The appeal for the state fund as an integral 
part of the compensation system was made by referring to the 
Ohio law, which operated under a state fund plan, as being "as 
strong as the New York statute. "^^''^ 

In his opening message to the legislature. Governor John B. 
Kendrick (D.), who had favored the adoption of the workmen's 
compensation amendment,^"- differed basically with the Wyoming 
Tribune on the administrative features of the Act. It was his belief 
that from the points of view of promptness, cost, and justice, the 
court system similar to that of New Jersey was far preferable 
administratively to the commission. He also cautioned that while 
he stood for a just compensation for the injured worker or his 
dependents, he felt that the law should be drafted so as not to 
work a financial hardship on the employer. ^"'^ 

The main ingredients of the proposed statute, a compulsory 
system for extra-hazardous employments, a state fund like Ohio's, 
administration by commission or by the courts as in New Jersey, 
were being supplied from various sources, such as, organized labor, 
the amendment itself, the press, and even the governor. 

It was now apparent that the mine operators and the labor 
representatives had not succeeded in their attempt of December 



98. Ibid., January 2, 1915, p. 6. The Senate comprised 16 Republicans 
and 11 Democrats; the House, 41 Republicans and 16 Democrats. 

99. IbicL, p. 5. 

100. Ibid., January 11, 1915, p. 4. 

101. Ibid. 

102. Wyoming Labor Journal [Cheyenne], October 23, 1914, p. 1. 

103. Wyoming House Journal, 1915, pp. 12-13. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 193 

29, 1914, to write a joint draft of a workmen's compensation 
bill.i"^ 

The January 25, 1915 Wyoming Tribune pointed up the fact 
that the mine employers and employees were still working on a 
compensation law, but were temporarily in disagreement over the 
lump sum to be paid an employee who became totally disabled. 
Also the possibility of two bills, one embodying the desires of mine 
operators, and the other, the wishes of the miners, is mentioned 
once more. However, both parties were well aware of the dangers 
of presenting a controversial bill on the floor and were working 
to avoid it.^'*'' 

It is apparent that by this time the coal operators had agreed 
on a bill. These employers published a circular containing the 
proposed rates of compensation for various types of work injuries. 
In order to keep their membership informed and to secure their 
reactions, officials of the United Mine Workers of America District 
22 passed these circulars along to their Wyoming locals. The 
reaction of the locals was mixed; some favored dropping the entire 
issue; the majority, however, indicated that most of the employers' 
proposals were all right, but that the union officials should try to 
obtain more, namely, higher rates of compensation for work in- 
juries. The union officials, Morgan, Bateman, and Paulsen, 
reported back that they tried to obtain higher rates, but had failed. 
The failure was based on the fact that they did not have much in 
the way of statistical data to substantiate these higher rates of 
compensation.'"*' 

Finally after a lull of several days, the long anticipated work- 
men's compensation statute was introduced in the House on the 



104. Wyoming Trihiiiie [Cheyenne], January 16, 1915, p. 7. "The latter 
[the workmen's compensation act] . . . promises to be one of the most 
interesting matters of legislation arising during the session. A conference 
between coal mine operators and representatives of their employees, which 
was held here in an attempt to evolve a bill satisfactory to both factions, 
was not entirely successful. Disagreements occurring in regard to several 
important phases, and the questions left unsettled in this conference pre- 
sumably will be thrashed out in the legislative halls. Whether more than one 
compensation act will be introduced cannot at this time be stated, but one 
that will be introduced will have the endorsement of the Wyoming State 
Federation of Labor and will receive the support of that organization's 
influence." 

105. Ibid., January 25, 1915, p. 2. 

106. Wyoming Labor Journal I Cheyenne], February 19, 1915, p. 1. 
The Wyoming Tribune [Cheyenne], January 25, 1915, p. 7 reported that the 
officials of the United Mine Workers of America District 22 had referred 
the employers' proposals of compensation to their locals for either accept- 
ance or rejection. All replies from the locals were to be in by the following 
day [January 26, 1915]. The only evidence concerning the result of this 
inquiry by the union officials is contained above in condensed form. 



194 



ANNALS OF WYOMING 





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THE RISE OF WORKMEN'S COMPENSATION IN WYO. 195 

morning of the thirteenth day of the session, January 29, 1915, by 
the Committee of Labor as House Bill No. 147:'"' 
It was: 

A hill for an act providing compensation for injuries or death re- 
sulting from injuries of workmen from accidents occurring in extra- 
hazardous employment, defining extra-hazardous employments and 
providing for the accum.ulation, maintenance and administration of 
funds in the State Treasury for the payment of such compensation 
and repealing Sections 3526, 4291, and 4292 of Wyoming Compiled 
Statutes, 1910, and all other laws or parts of laws relating to damages 
for injuries, or in anywise in conflict with this Act.^*''^ 

A printed version of the proposed statute reached the legislators 
on January 30, 1915. Immediately the miners declared that they 
were dissatisfied with the measure as it stood. The main point 
of contention was that the rates of compensation were too low, 
especially in comparison with other states. They therefore advo- 
cated the adoption of higher schedules as illustrated in Table II. 

On February 4, 1915, the standing committee to which it had 
been referred began serious consideration of House Bill No. 147. 
At an evening meeting of the committee, the interests of the coal 
mine operators were reprsented by W. E. Mullen, a lawyer and 
later Attorney-General of the State, and those of the coal mine 
operatives by Arthur G. Morgan, President of District 22, United 
Mine Workers of America and others. ^'^*'* 

The labor interests expressed very little hope that their amend- 
ments regarding compensation awards^'" would be accepted by the 
standing committee and recommended to the House committee 
of the whole. They therefore stood ready to propose a long list of 
modifications when the measure appeared before the House com- 
mittee of the whole. ^^^ 

The Laramie Republican expressed genuine concern about the 
legislation because of some opposition from labor, ranchers, and 



107. Wyoming House Journal, 1915, p. 131. The committee consisted 
of three republicans and two democrats as follows: H. J. Harrington (R.) 
of Uinta County as chairman; James O. Marts (R.) of Weston County; 
Albert E. Campbell (R.) of Laramie County; George D. Young, Jr. (D.) of 
Sweetwater County; and Harry C. Snyder (D.) of Converse County. [The 
Wyo/ning Tribune of Cheyenne on that day labelled the bill incorrectly as 
House Bill No. 157. It was numbered House Bill No. 147.] 

108. Il?id. 

109. Wyoming Tribune [Cheyenne], February 4, 1915, p. 2. "'Others" 
would have included F. A. Manley, Assistant General Manager of the Union 
Pacific Coal Company, Paul J. Paulsen, President of Local 2174 of the 
United Mine Workers Union in Rock Springs, and George E. Bateman, 
District Auditor for the United Mine Workers of America, District 22, who 
had studied workmen's compensation legislation and was chosen to repre- 
sent the labor interests. 

110. Cf., Table II p. 194. 

111. Wyoming Tribune [Cheyenne], February 4, 1915, p. 2. 



196 ANNALS OF WYOMING 

corporations. The labor interests were primarily dissatisfied be- 
cause the rates for benefits were not sufficiently high. Some ranch- 
ers were opposed to the bill, because they believed, though erro- 
neously, that they would have to pay in case of injury or death of 
an employed cowboy. Some corporations opposed it, because they 
did not want the law at all. With such attitudes prevalent in the 
background, the editorial concluded rather pessimistically that, 
"It is not hard to see what will become of the bill".^^- 

The Laramie newspaper strongly urged the workers to accept 
the proposed bill, for [it is] advisable ... to accept something, 
even though it does not come quite up to their [workers'] idea of 
what it ought to bs, rather than not get anything at all."^^'' 

Several questions presented themselves almost simultaneously 
during the discussion of the legislation in the House. One had to 
do with the definition of "culpable negligence". Compensation 
would be paid to injured workers or to the dependents of workers 
killed in extra-hazardous employments provided that such injuries 
or deaths were not sustained as the result of "culpable negligence" 
on the part of the employee. Culpable negligence was defined as: 

The words, injuries due solely to the culpable negligence of the 
insured employee, mean injuries due to a failure to exercise that degree 
of care, which is required in a particular instance and which a reason- 
ably prudent and honest man would exercise for his own safety. ^^^ 

The Wyoming Tribune wrote the following: 

The employers who must pay three-quarters of the industrial insur- 
ance for which the bill provides, consider the definition as set forth by 
the bill, entirely - even abundantly - satisfactory. Employees, how- 
ever. - and particularly the eight or nine thousand employees of the 
United Mine Workers of America - consider that the definition might 
be considerably improved. They regard it, in fact, as sinisterly in- 
adequate. i'"' 

One of the members [unnamed] of the legislature expressed the 
opinion to the press that "culpable negligence as it is used in the 
workmen's compensation act, might be construed to cover almost 
any act of a man except suicide.'"' '*' 

A second point of disagreement revolved around the previously 
mentioned scale of compensations. The coal operators, the em- 



112. Laramie Republican, February 4, 1915, p. 2. 

113. Ibid. 

114. Wyoming Tribune [Cheyenne], February 9, 1915, p. 1. 

115. Ibid. The other one quarter was to be paid by the State. 

116. Ibid. 

117. These figures are taken from the Wyoming Tribune [Cheyenne], 
February 9, 1915, p. 1. Paid-up membership in the United Mine Workers 
of America, District 22, show in Table I. as 6962 for 1914 and 6061 for 
1915. 

118. Wyoming Tribune [Cheyenne], February 9, 1915, p. 1. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 197 

ploying class which far more than any other would be affected by 
the proposed legislation, were satisfied. On the other hand, the 
coal mine operatives, numbering some eight or nine thousand^^', 
were far from satisfied, and their representatives were continuing 
to suggest the possibility of presenting a long list of amendments 
when the bill came before the committee of the whole. ^''' 

Thirdly, some concern was expressed as to whether or not the 
fund would be sufficient to meet emergencies which might con- 
ceivably occur. The proposed bill provided for an initial appro- 
priation by the State of $30,000 and an annual appropriation 
thereafter equal to one-fourth of the amount collected from the 
employers.'^" Despite this genuine concern, no changes in this 
feature of the law were forthcoming from anyone at this particular 
time. 

Governor Kendrick proposed on February 10, 1915, that a 
committee composed of legislators from both Houses journey to 
Denver, Colorado, to participate with legislative representatives 
of Arizona. Colorado, and New Mexico in a multi-state conference 
arranged by Colorado's Governor George H. Carlson for the dis- 
cussion of uniform compensation legislation. First, the Senate, 
and then the House promptly voted down the Governor's recom- 
mendation. The Senate action was simply explained by the fact 
that "any action which might be taken at Denver necessarily would 
be too late for consideration by this legislature".^-" The House 
concurred with this opinion. 

Labor also rejected the proposal of Governor Carlson. The 
miners were afraid that an agreement by these various states would 
standardize compensation benefits at too low a rate. The law 
would be a compromise and the miners would have to accept less 
than workers received in the more industrialized states. ^-^ 

On February 11, 1915, the House committee of the whole modi- 
fied slightly the workmen's compensation act as originally proposed 
by accepting the amendments as recommended by the committee 
on judiciary including, especially, the striking out of the section 
defining "culpable negligence".^-- This particular feature had 
proved to be sort of a stumbling block up to this point, but with 
its removal the House committee of the whole recommended the 
.Act for passage.^-' 

Discussion of the new bill by the legislators was reduced to a 
bare minimum. Labor's often repeated threats of multiple amend- 



119. Ibid. 

120. Ihid., February 10, 1915, p. 1. 

121. Wyoming Labor Journal [Cheyenne], February 12, 1915, p. 4. 

122. Although reported in this manner, the term "culpable negligence" 
remains in the Act to this day although undefined. 

123. Wyoming Tribune [Cheyenne], February 11, 1915, p. 1. 



198 ANNALS OF WYOMING 

ments, for instance, never materialized. Neither was a new labor 
bill introduced. Nor were any amendments to House Bill No. 
147 presented. Several explanations may be given for this appar- 
ent apathy, namely: (a) the Republicans controlled the Legisla- 
ture and this was their bill; (b) representatives of labor interests 
in the Legislature were numerically weak;^-^ (c) the Session was 
fast drawing to a close ;^-^' labor desired to get some bill now rather 
than one at all. 

Representative George Young, Jr., Democrat from Sweetwater 
County, member of the House Labor Committee, and Vice-Presi- 
dent of the United Mine Workers of America District 22, voiced 
the laborers' conditional acceptance of the measure, "as the basis 
for better legislation later on."i-*^ 

Speaking at some length on the proposed legislation Mr. Young 
said: 

The time for consideration of the bill is short, amendments here 
might encourage amendments elsewhere, opposition might be excited 
to the measure and I want no act of mine to endanger passage of the 
bill. 

The rates are too low, I believe, and it is because of this belief that 
I want to see the present bill passed so that the rates therein, low as 
they are, will serve to gather complete and accurate data as to the 
deaths, total disabilities and partial disabilities (and duration) to the 
end that at the expiration of two years the workmen of Wyoming will 
have had their stand for higher rates justified. 

I would rather see the present bill with its present minor deficien- 
cies, pass and become law than one with higher rates but so worded 
that it would be almost impossible to get the awards. 

Knowing the opposition that would develop if I advanced higher 
rates, and for the reasons explained in this statement, I refrain from 
proposing any change. i-'' 

Morgan, Bateman, and Paulsen were quoted in the Wyoming 
Labor Journal as saying: "We're pleased, but not overpleased. 
The legislature did no worse than pass it [workmen's compensa- 
tion]. They might have killed it."^-"^ 

In his report to the delegates at the United Mine Workers of 
America, District 22 convention in 1916, Secretary-Treasurer 
James Morgan restated labor's attitude and thinking concerning 
passage of the workmen's compensation bill in this manner: 



124. Ichabod S. Bartlett, History of Wyoming (Chicago: University of 
Chicago Press, 1918), pp. 634-636. Two years later in 1917 there were but 
eight members of labor organizations sitting as lawmakers. This was con- 
sidered as a remarkable gain over the past. 

125. The Senate reported the Bill out of Committee two days before 
adjournment. 

126. Wyoming Tribune [Cheyenne], February 12, 1915, p. 1. 

127. Ibid. 

128. Wyoming Labor Journal [Cheyenne], February 25, 1915, p. 4. 



THE RISE OF WORKMEN'S COMPENSATION IN WYO. 199 

Those who had active charge of trying to obtain the passage of this 
bill at the last session of the Legislature have pointed out in the past 
and explained to the membership some of the difficulties in obtaining 
its passage; also explained that the measure as passed, in so far as 
the rates were concerned, was not what they had hoped for or desired. 

However, the passage of the act at least established the principle 
that compensation shouid be paid to workmen injured during the 
course of their employment, and by taking the results that have ob- 
tained during the time it has been in operation, we should be able to 
plan for the future, so that the weak points of the law may be strength- 
ened and injured men and their families provided for by law as we 
should like to see them.i-'* 

In sum, all of this amounted pretty much to 'a half-of-loaf is 
better than none' capitulation on the part of the labor interests. In 
fact, the schedule of benefits contained in House Bill No. 147 was 
that which was adopted in its entirety. The labor proposals shown 
in Table II were lost along the way. Even "culpable negligence" 
was returned to its place in the proposed legislation. 

The remainder was routine. On February 13, 1915, the House 
passed the Workmen's Compensation Act without a single dissent- 
ing vote although two members were absent and two excused. ^■^" 
Six days later and two days before adjournment, the Senate, with 
but one dissenting vote and two absences, approved House Bill No. 
147 in the precise form in which it had won approval in the 
House. ^"'^ On February 27, 1915, Governor Kendrick completed 
the cycle, and signed the bill into law.^'^- 

By adopting a workmen's compensation act, Wyoming legisla- 
tors had discarded the common-law approach of employers' liabil- 
ity with its employee negligence defenses as well as the employers' 
liability laws, and had embraced instead a system rooted in the 
principle of liability without fault for some industrial accidents. ^'^-^ 
As a corollary, since industrial accidents were recognized as one of 
the inevitable hazards of modern industry, their costs were also 
recognized as a legitimate cost of production. Therefore, the em- 
ployer or the corporation was to be assessed in some definite 
though equitable manner.^-'^ Basically the theory was founded 
upon the idea that neither the employer nor the employee was to 
be burdened with the costs of accidents, but that this cost was to be 
charged as a part of the cost of production to be borne ultimately 
by the consumer. 

The original Act, in addition, contained the ingredients to 
achieve several other hoped for objectives, such as: 



129. United Mine Workers of America, Second Biennial Convention 
Proceedings of District 22 (Cheyenne: 1916), p. 19. 

130. Wyoming House Journal, 1915, p. 343. 

131. Ibid., p. 473. 

132. Wyoming Tribune [Cheyenne], February 27, 1915, p. 1. 

133. Wyoming, Session Laws 1915, Chapter 124. Section 2. 

134. Ibid.. Section 16. 



200 ANNALS OF WYOMING 

1. Predetermined, adequate, and prompt benefits. i^o 

2. Elimination of wasteful litigation and legal fees by using the exist- 
ing legal machinery. 136 

3. Certainty of payment of benefits by establishing an exclusive state 
fund system. i-^'i' 

4. The employer could not "contract out" of his liability under 
system. i'^*^ 

5. Provided for enforcement so that all employees engaged in extra- 
hazardous occupations would be covered. i^o 

6. Provision of accident statistics which might serve to focus attention 
on "danger spots" in employment, and through such to reduce and 
prevent accidents in industry. i'*" 

SUMMARY 

The state's economy was one dominated by extensive agriculture 
including livestock and coal mining at the time the issue of work- 
men's compensation reached the public discussion and decision 
stage. Although the proposed legislation would be of more sig- 
nificance to coal operators and coal miners than to any other 
economic interest groups, it was necessary to obtain assent of 
other groups to such legislation in order to get the political major- 
ities required for adoption. After exploratory introduction of one 
bill and a governor's veto of a second bill, a constitutional amend- 
ment was introduced by legislative action in 1913 and affirmed by 
popular vote in 1915 after compromises brought wide support 
from the public press, both political parties, and spokesmen of 
various interest groups. After the amendment of the constitution 
removed questions as to the constitutionality of workmen's com- 
pensation, a specific bill was passed by the Wyoming legislature. 
This bill more closely resembled the proposals of the coal oper- 
ators, and especially the views of the largest single coal operator, 
the Union Pacific Railroad, than it did those of the coal miners as 
prescribed through the United Mine Workers of America. The 
new bill provided compensation for industrial accidents and deaths 
regardless of fault and with a minimum of legal formality. It 
became law upon signature of the Governor of Wyoming on Feb- 
ruary 27, 1915. 



135. Ibid., Section 19. 

136. Ibid., Sections 12 and 25. 

137. Ibid., Sections 15 and 16. 

138. Ibid., Section 9. 

139. Ibid., Section 18. 

140. Ibid., Sections, 11, 24, and 28. 



J^otesoH Wyoming Mistory 

The Grave of Joel J. Hembree, 1843. 

By 
Paul Henderson 

During the month of December, 1961, Mr. Glen Edwards, 
present owner of the old George Powell Ranch in the LaPrele 
Creek valley some eleven miles west of Douglas, Converse County, 
Wyoming, while planning some land leveling operations in a 
meadow, discovered a pile of stones near the north bank of the 
stream on the east line of the S. W. Va of the S. W. 1/4, Sec. 10, 
T. 32 N., R. 73 W. 

Upon one of these stones, larger than the others, of black dolo- 
mite with a somewhat flattened side, Mr. Edwards found a date 
and name: 1843. J. Hembree, crudely chiseled. Thinking that the 
pile of stones with the engraved one no doubt marked an early 
pioneer grave, he suspended operations until he had talked to his 
friends and neighbors about moving the grave so that it would 
not be obliterated by irrigation and cultivation. 

Among those whom Mr. Edwards talked to was Mr. Lyle 
Hildebrand, of Douglas, an ardent Oregon Trail fan who had spent 
a great deal of time with the late Mr. Clark Bishop in tracing out 
the old covered wagon roads across Wyoming. 

They gave the story of Mr. Edwards' discovery to the local 
newspaper, hoping that it would become an Associated Press item 
and perhaps some one, some place, would read it and give them 
more light on the identity of the person that lay buried in this long 
lost and lonely grave. 

A clipping from the Douglas Budget, with a picture of the head- 
stone, was sent to Mr. and Mrs. Paul Henderson, of Bridgeport, 
Nebraska, asking if they had anything on it. Having read a story 
about the death and burial of a boy in the Applegate wagon train 
many years ago, they looked through their file of copies of early 
diaries for the year 1843, and found they had three that gave the 
story of the death and burial of Joel Hembree, a lad nine years of 
age, a member of the Applegate Company enroute to the Oregon 
country. This information was forwarded to the Douglas Budget, 
hoping that more information would come from persons reading 
these facts. 

On Sunday, March 24, 1962, a group of interested people from 
around Douglas gathered at the Edwards ranch for the purpose of 
moving the grave from its original location to near the site of the 
Pvt. Ralston Baker grave, situated on a high bank of LaPrele 
creek, near the old LaPrele stage station grounds. 



202 



ANNALS OF WYOMING 



Among these persons who rendered valuable aid in this task 
were: Mr. and Mrs. Glen Edwards and family, Mr. and Mrs. Leon 
Chamherlin and family, Mr. and Mrs. Cushman, Leonard Cham- 
berlin and his four sons, Rodney Sandquist and family, Mr. and 
Mrs. Bud Dickens, Dr. William Hinrichs and son, Mr. John Wait- 
man, Paul Henderson, Bridgeport, Nebraska, and others whose 
names were not secured. 

It was shortly after lunch time that all gathered at the grave. 
Mr. Edwards brought his trucks and other machinery. First many 
photographs were taken by all who had cameras. Then all the 
stones that had originally been placed over the grave were loaded 
in trucks to be taken to the new location. Machinery was used to 
remove the upper three feet of soil and rock. Then hand tools 
were carefully used until fragments of decayed wood were reached. 
From this point gentle hand work with trowels soon reached the 
skeletal remains, which lay on a bed of clay in an excellent state 
of preservation laying in an east and west direction facing the east. 

It seems that the grave had been dug to a depth of about four 
and one-half feet. Then a bench of earth about six inches in width 
on all sides had been left. Below this an additional but small 
excavation had been made in which the body had been placed. 
What appeared to be an old oak dresser drawer had been placed 






The Grave of Joel J. Hembree, 1843 



NOTES ON WYOMING HISTORY 203 

on the earthen benches over the upper part of the body while short 
branches of trees covered the lower parts, which, when the earth 
was replaced would form a sort of a crypt to prevent the earth and 
stones from coming in direct contact with the remains. 

In removing the remains Dr. Hinrichs carefully examined the 
bones and placed them in a sturdy pine box that had been prepared 
by Mr. Edwards. He expressed the opinion that the skull had 
been seriously fractured when the wheel of the wagon passed over 
the boy at the time of the accident. 

For the history of this first large emigrant company to Oregon 
let us quote from the St. Louis Daily Republican, May 27, 1843, 
which in turn was quoting the Liberty Clay County Banner; "We 
are informed that the expedition to Oregon now rendezvoused at 
Westport in Jackson county will take up its line of march on the 
20Lh day of this month. 

"The company consists of some four or five hundred immigrants, 
some with their families. They probably have about one hundred 
fifty wagons, drawn by oxen together with horses for nearly every 
individual, and some with milch cows. They will, we suppose, take 
as much provisions as they can conveniently carry, together with a 
few implements of husbandry. There are in this expedition a 
number of citizens of inestimable value to any community- men 
of fine intelligence and vigorous intrepid character; admirably 
calculated to lay the firm foundation of a future empire". 

The above is a brief outline of the Applegate company some- 
times referred to as the "Cow Column." It was the first immigra- 
tion of those who were determined to migrate to a distant land to 
build homes and cities and to take advantage of all the natural 
resources and make it a part of our young nation. 

During these early times the vast Oregon country was under 
joint control of the United States and England with the advantages 
being on the English side due to their large fur trading companies 
and their fur trading forts. 

Marcus Whitman, who had been an early missionary to the 
western Indians for a number of years, fully realized the natural 
wealth of the country, and during the winter of 1842-43, made his 
famous ride east in behalf of his mission, and if possible, to per- 
suade our pioneering Americans to come and lay claim to the 
land by settlement. 

Jesse Applegate was elected captain of this large party and 
among them was Dr. Whitman on his return journey to his Mission 
at Waiilatpu (near present Walla Walla, Washington). His thor- 
ough knowledge of the west was of valuable aid to Capt. Applegate 
from Independence, Missouri to Fort Hall, where Dr. Whitman 
left them to hurry on to his Mission. 

The company was well managed. They constantly kept on the 
move, but preserved the Sabbath as a day of rest and devotion to 
God. There were no deaths from sickness thus far on their jour- 



204 ANNALS OF WYOMING 

ney. The fatal accident to little Joel Hembree was the cause for 
the first grave to be made by this large company. 

in taking up the incident connected with the death of Joel Hem- 
bree it is well that we first refer to the diary of William Thompson 
Newby, who was enroute to the Oregon country with the Cow 
Column. Quote: 

''July 18-(1843) - A very bad road. Joel J. Hembree, son of 
Joel fel off the waggon tung & both wheels run over him. Dis- 
tance 17. 

"July 19- Lay buy. Joel Hembree departed this hfe about 2 
o'clock. 

"July 20- We hurried the youth & ingraved his name on the 
headstone. Traveled 17." (A note on the margin says, "Mr. 
Newby engraved the name with such implements as he had, upon 
the stone". ) 

From the above it seems evident that the accident happened 
while the company was traveling westward between Bed Tick and 
LaPrele creeks; and that they came in to camp on LaPrele creek 
on the evening of July 18; and that they laid over the 19th, on 
which date the youth expired; and on the 20th they buried him 
and went on their way, traveling 17 miles. 

John Boardman, who seems to have been a little behind the 
main company, if he was traveling with them, in his "An Overland 
Journey from Kansas to Oregon in 1843", states: 

"Thursday, 20th,- Pleasant, road very bad, rocky. Crossed 
3 creeks and nooned on a creek where Applegate's company had 
buried a boy that got killed by a wagon. We met Vasquez's men 
going to Laramie for goods. Left the main company and traveled 
5 miles to a creek and camped". 

"Friday, July 21st. - Pleasant. Road more sandy. Plenty of 
water. Came to Platte at 1 1 a.m. Camped on Platte near Apple- 
gate company and sent 5 men ahead to secure a boat to cross the 
river in." 

From the Boardman entries it is quite evident that he came over 
from LaBonte creek and nooned on LaPrele and went on to night 
camp on one of the Box Elders. And on the twenty-first went on 
over to the Platte where he overtook the Applegate company, 
possibly in the vicinity of the Unthank grave. 

The Vasquez men that he speaks of were enroute from Ft. 
Bridger to Ft. Laramie to secure their Indian trade goods. (Fort 
Bridger was established on Black's Fork in 1842 by Jim Bridger 
and Louis Vasquez. ) 

The next in line comes the Pierson B. Reading journal of 1843. 
Mr. Reading was enroute to California but traveled the Oregon 
Road to Fort Boise before turning off to California. In his journal 
he makes the statement that his company was the first to take 
this particular route. 

Herewith his journal concerning the LaPrele area: 



NOTES ON WYOMING HISTORY 205 

"Thursday, July 20 - Leaving the Platte out of view, camped on 
Squaw Butte creek about 2 o'clock where we met Messrs. Vasquez 
and Walker, traders from the mountains, bound for Laramie Fort. 
Passed on the creek a new made grave over which was a letter 
informing us it was that of a child killed in the Applegate company 
by a wagon passing over its body. We have made today consider- 
able ascent and are now finding a very pure atmosphere. A 
mountain we passed yesterday evening was covered with snow 
which we saw distinctly and found the air quite chilly. Fifteen 
miles west." 

In following the old trail through the LaPrele country there 
seems to be no outstanding butte except Table Mountain that is 
worthy of a special name such as Squaw Butte, from which Read- 
ing seems to have derived his name Squaw Butte Creek. The 
name LaPrele appears not to have been applied to the stream in 
those times. As in the same year we find that Sir William Drum- 
mond Stewart at the head of a large hunting expedition enroute to 
the upper Green River country, and several weeks in advance of 
the Applegate company, had a number of old mountain men with 
him who either forgot to inform Stewart of the name of the creek, 
or did not have one for it. As later we shall see, after he had 
visited the Natural Bridge, he bestowed the name Bridge Creek for 
the want of a name. 

Stewart had made a previous trip to the Rocky Mountains in 
1837, at which time he took with him Alfred Jacob Miller, a 
famous artist, who left an invaluable collection of paintings and 
drawings of the early west at that time. 

On this particular tour of 1843 he was joined by such famous 
mountainmen as William L. Sublette, Solomon Sublette, Joseph 
Pourier, Auguste Lucier, Joseph Lajeunesse, Francios Clement, 
a lad killed by accident on the tour who lies buried in an unmarked 
grave near the Red Buttes, near present Casper, Wyoming, E. F. X. 
Chouteau and Baptiste Charbonneau, the son of Toussaint Char- 
bonneau and Sacajawea, the Bird Woman of the Lewis and Clark 
expedition. Others included in the party were botanists, doctors, 
and Matthew Field, who was the assistant editor of the New 
Orleans Picayune newspaper. The diary that he kept and the 
stories he wrote for his paper while on this trip are a marvelous 
contribution to the history of the west of over a hundred years ago. 
(See Prairie and Mountain Sketches, by Matthew C. Field). 

In his writings he mentions a visit to the Natural Bridge over 
LaPrele creek located in the Ayres State Park, Wyoming. And 
as some early history of the bridge and stream is not amiss at this 
time it will be well to take up his diary for the date of July 13, 
1843: 

". . . . Rode off in advance of the camp with Sir Wm, to visit a 
remarkable mountain gorge — a 'natural bridge' of solid rock, over 
a rapid torrent, the arch being regular as tho' shaped by art- 30 



206 ANNALS OF WYOMING 

feet from base to ceiling, and 50 to the top of the bridge — wild 
cliffs, 300 feet perpendicular beetled above us, and the noisy 
current swept along among huge fragments of rock at our feet. 
We had a dangerous descent, and forced our way through an 
almost impervious thicket, being compelled to take the bed of the 
stream in gaining a position below. We called the water 'Bridge 
Creek!' " In the above it is evident that he visited the natural 
bridge of LaPrele creek ( 1 843 ) . It seems odd that for the want 
of a name, he named it Bridge Creek. 

The name LaPrele, from the early diaries, seems to first show 
up in 1847. And one wonders why then. 

As Sir William and his hunting party were returning during the 
month of September, back-tracking on their outward trip, Matt 
Fields records numerous old camping sites of their own, and those 
of the Applegate company, where the emigrants had abandoned 
broken wagons and other property, and in the description of all, 
this is quoted: 

"Here the loose riders of our moving camp gathered one morn- 
ing to examine a rude pyramid of stones by the road side. The 
stones had been planted firmly in the earth, and those on top were 
substantially placed, so that the wolves, whose marks were evident 
about the pile, had not been able to disinter the dead. On one 
stone, larger than the rest, with a flat side, was rudely engraved: 
J. Hembree, and we place it here, as perhaps the only momento 
those who knew him in the States may ever receive of him. How 
he died we cannot of course surmise, but there he sleeps among 
the rocks of the west, as soundly as though chiseled marble was 
built above his bones." 

As years passed, Mr. Newby, and other early emigrants to 
Oregon, occasionally got together and reminisced about old times 
on the trail. We find that the following made its appearance in 
the Portland Evening Telegram, October 23, 1884. 

"One bright little lad, nine years of age, full of life and health, 
the last of all that party likely to die, was thrown from a wagon 
and crushed so badly that he lived but a few hours. He was the 
son of Joel Hembree. A halt was made, and he was buried there 
on the 18th of July, 1843^ Mr. Newby engraved his name rudely 
with such implements that he had, upon a stone that was placed 
over his grave while his weeping parents and friends stood by. 
A note describing the tragedy was also placed in a cleft stick 
beside the grave, near Squaw Butte Creek. This was the first 
death in the immigration train and the grave made quite an im- 
pression upon the companies following the Applegate train." 

Joel now sleeps beside a soldier who lost his life far out in a 



1. According to the diaries his death occurred July 19, 1843. 



NOTES ON WYOMING HISTORY 207 

then savage land, near the mountains away from his home in 
Pennsylvania, while protecting later emigrants from hostile Indians. 

From "Chronological List of Engagements, Indian Wars U.S.A. 
1790-1892," by the late George Webb, on page 29 is found the 
short and brief sketch of his death: "May 1, (1867) - LaPrella 
Creek. Dak. Detachment of Tr. E., 2nd U.S. Cav. Corporal A. 
Dolfer in command. Soldiers killed, 1." 

Other information relative to this incident and the soldier is 
found in The Winners of the West, a magazine published by Mr. 
Webb, who also was an early Indian fighter: "Ralston Baker of 
Pa. Pvt. Co. E. 2nd. Cav. killed May tst., 1867." The story of 
this engagement is too lengthy to quote at this time. 



A Spanish Sword Blade 

From 

Dayton, Wyoming- 

By 

Don Grey 

In the spring of 1961, Mr. Archie Leland, of Dayton, Wyoming, 
was digging a flower bed in the rear of his yard. As he dug through 
the upper levels of the soil, he encountered an old rusty jackknife, 
some cut nails, and other bits of hardware which were probably 
relics from the old Dayton blacksmith shop whcih had been 
located nearby. He laid these aside as souvenirs, and kept a sharp 
watch for other items as he dug. 

Mr. Leland decided to place a tile wall around the flower bed 
and he began to dig deeper around the edges of the bed. Below a 
depth of about twelve inches, no more of the blacksmith shop 
relics appeared. Finally, at a depth of about eighteen inches, he 
struck the deposit of streambed gravel which underlies all of this 
part of the town of Dayton. 

As Mr. Leland extended the small trench for the tile around the 
flower bed, he suddenly struck, right on top of the streambed 
gravel, another piece of iron. He carefully worked the dirt away 
and saw what appeared to be a part of a blade of some sort. When 
the item was finally cleared, it was unquestionably a sword blade. 

Mr. Leland brought the blade to me at Sheridan College to see 
what could be learned about its origins. He graciously offered to 
let me keep the blade for "a week or two" to study it and to make 
drawings and photographs. The "week or two" stretched into a 
year before the blade was finally returned, along with a disappoint- 



208 



ANNALS OF WYOMING 



ingly small amount of information gleaned in a year of corre- 
spondence with people all over the country. 

When Dr. Mulloy returned to the University of Wyoming from 
his work on Easter Island, the blade was shipped to him for 
examination. Dr. Mulloy disclaimed any expert knowledge of 
edged weapons but offered the following comment: 

"I think it is a civilian weapon, a so-called small sword, from 
the late 17th or early 18th century. This was the civilian weapon 
that developed out of the earlier and considerably heavier rapier 
that was used during the preceeding period. I think it is probably 
a Toledo blade, judging from the details of form, but I understand 
that during this period Toledo blades were sometimes faked by 
makers elsewhere because Toledo armorers were so famous. One 
thing that makes me wonder about this one a little is that I under- 
stand that most Toledo blades of the period were simply marked 
with the following sign: (see inset. Figure 1.)" 

Dr. Mulloy added that he felt an expert should be consulted and 



t 



La^&t. 



F,.u.e 



J" < r-, (ok 



F I qu r- e. 2 



n,.r^ 3 




5m»ll SwprJ 



NOTES ON WYOMING HISTORY 209 

suggested that the Metropohtan Museum of Art be contacted. 

A letter, including photographs and sketches of the blade, was 
sent to Stephen V. Grancsay, Curator of Arms and Armor at the 
Metropolitan Museum. Mr. Grancsay's reply stated, in part: "So 
far as I can determine from your drawing, the blade is Spanish of 
the seventeenth century. It probably originally formed part of a 
swept-hilted or cup-hilted rapier. Since the blade has no ricasso, 
this area was probably filed down and the blade mounted with a 
small sword hilt." 

Mr. Grancsay thus added little to Dr. Mulloy's original state- 
ment. Drawings and photographs were sent to several other per- 
sons known to be interested in early weapons, but no further 
information could be elicited. Several letters to the Armeria Real 
(Royal Armory) in Madrid brought no replies. Further corre- 
spondence is being attempted in order to try to get more specific 
information about the date and place of manufacture of the 
weapon. 

In the eighteen months since the blade was found, Mr. Leland 
has done a good deal more digging in the vicinity of the find, but 
has turned up nothing other than a number of relics from the old 
blacksmith shop, all at shallower depths than that from which the 
sword blade came. 

Speculations about the way in which the blade arrived in Dayton 
center around the following possibilities: (1) The blade was 
deposited in fairly recent times, perhaps at about the same time 
as the blacksmith shop relics. This would require perhaps that 
the blade was a souvenir in someone's collection in early Dayton 
and was somehow lost at the site. (2) The blade was lost at the 
site in pre-white times by an Indian who had obtained it in the 
American southwest, or had obtained it indirectly by trade from 
that area. (3) The blade was deposited at the site by early 
Spanish, or possibly French, explorers. 

The possibilities above are indicated in the author's chosen order 
of preference, but there is little physical evidence to provide any 
basis for preference of one over another. There may be other 
possibilities than those mentioned, but these seem to be the more 
likely ones. 

Aside from the opinion that the blade is of Spanish origin and 
dates from the late 1600"s, the origins are as mysterious as the 
manner of arrival at the place where found. It would seem that 
the rather detailed inscription should furnish more specific infor- 
mation about the origin if the right person can be contacted 
about it. 

A physical examination of the blade reveals little, except that, 
there is remarkably little rust pitting for a steel item which may 
have lain in damp ground for some time. No analysis of the steel 
was made. 

The handle tang. Figure 1, shows barbs formed by cutting with 



210 ANNALS OF WYOMING 

a chisel, probably to facilitate keeping a handle of wood or leather 
in place. Ashallow groove across the handle on either side near 
the shoulder may have been associated with the fastening of the 
hand guard. There is no ricasso as such. No evidence of modi- 
fication is now visible, and the entire handle portion seems to show 
evidence of hand hammering. 

The inscription, Figure 2, is hand stamped, and is present on 
both sides. A microscopic examination showed a fleck of what 
may be gold in one of the impressions, indicating that the inscrip- 
tion may have been inlaid with gold at one time. The letters and 
other symbols are composite figures, formed from a number of 
simple strokes. 

The present length of the blade is 58.4 centimeters, or about 
23 inches, with the tip of the blade broken off. The width of the 
blade is 1 .90 centimeters ( % inch ) at the widest place near the 
handle. The handle is rectangular in cross-section and about V4 
inch thick. 

Figure 3 shows some of the typical hilts of about the time of 
manufacture of the blade herein described. Notice the presence 
of a ricasso in each case. 

The mystery of the Dayton blade has been raised. Perhaps the 
solution will never be found, for the clues are few, but the search 
will continue until all leads are exhausted. 



A Flintlock Pistol in the 
Fred Hesse Collection 

By 
Don Grey 

Among the items in the collection of Mr. Fred Hesse, Sr., of 
Buffalo, Wyoming, is a flintlock pistol found on the old 28 Ranch, 
which is the Hesse home place. The author examined and photo- 
graphed the pistol on two occasions, and felt that the pistol merited 
further investigation. 

The pistol has a 17.5 mm. bore, with a 1.5 mm. firehole. The 
rear sight is formed by a flap of metal formed from the barrel 
itself by slicing into the barrel with a sharp tool and turning up a 
piece of metal. This flap of metal was then notched for the sight. 
The trigger guard and butt plate are brass. Inside the butt plate 
tang are stamped the letters PF. The front post in the trigger 
guard bears the letters AL. A hole cuts off the top of the L. The 
barrel is 27 mm. in diameter at the breech end, and 23.1 cm. long, 



NOTES ON WYOMING HISTORY 



;ii 




Pistol in Fred Hesse Collection 

Courtesy of Don Grey 



excluding the 5.5 cm. tang. There is no sign of a breech plug, so 
the barrel was evidently blind bored. 

A description of the weapon was sent to Dr. Carlyle Smith, 
University of Kansas anthropologist, author of several articles on 
early firearms, and member of the museum staff. Dr. Smith's 
reply is quoted in part: 

"The sketches of the parts seem to indicate a military style 
flintlock pistol of about 1 800. I doubt if it was made earlier than 
1790 or later than about 1830. I am sure it is of European 
manufacture, possibly made in Belgium or one of the German 
states. It is not of a standard French military pattern, but some 
of the parts suggest French inspiration. The brass guard and 
butt cap, plus the long trigger plate, throw it out of the classifica- 
tion 'French Gendarmerie, Model 1763\ I think it is later and 
made elsewhere. The French made a Navy Model 1763 with 
brass mountings but with a longer barrel and a much shorter 
trigger plate. Both Model '63 pistols had double ring muzzle 
bands. This gun must have had a band because there is no tenon 
under the barrel for a pin or key." 

How did the pistol arrive on the 28 Ranch? It probably can 
never be stated with confidence, but several alternatives can be 
suggested. The pistol may have been lost or discarded by an 
Indian who had obtained the pistol, directly or indirectly, from the 
French trade in the north. It is possible that the pistol arrived in 



212 ANNALS OF WYOMING 

the area long after its time of manufacture and was lost or dis- 
carded by one of the early white explorers or trappers. Findings 
in Indian villages in the Missouri valley seem to indicate that there 
is a surprisingly short time lag between production and circulation 
of firearms, but of course some arms were used for long periods 
after being received by their Indian owners. White trappers and 
explorers usually kept pretty well up-to-date in their weapons. 

The Hunt expedition is the only one that comes to the author's 
mind as being in this general area at about the time the gun might 
have been in use, and this might merit some research, but does not 
seem to be a very probable lead. 



Zales Old Zimers Zell 



By 
Dick J. Nelson 

Let Young ears listen well 

To the tales the Old Timers tell 

Of that vanished land, 

The West they used to know. 

Swiftly now, time's rising tide 
Sweeps them toward the Great Divide. 
And the Old West must go 
With them when they go. 



Ofte of the Mercer Qirls 

Asa Shinn Mercer, pioneer Wyoming newspaperman, author 
and rancher, had a distinguished career which encompassed much 
of the frontier West in the last half of the 1 9th century. 

In Wyoming Mercer is best known as the editor and publisher 
of the Northwestern Live Stock Journal, which he founded in 1 883, 
and for his book The Banditti of the Plains. This volume tells the 
story of the cattlemen's invasion of Johnson County in 1892 and is 
written from the standpoint of the Johnson County settlers. 
Through it he gained the enmity of the large cattlemen in Wyo- 
ming, with the result that he was forced to close his newspaper. 
He then moved to the Big Horn Basin where he established his 
own ranch near Hyattville.^ 

One of the best known episodes in the life of Asa S. Mercer 
is the story of the "Mercer girls" whom he induced to emigrate 
from the eastern seaboard to the raw, new territory of Washington. 
Two such expeditions were headed by Mercer, the first in 1864 
and the second, and more ambitious, in 1866. 

The first venture in 1864 met with great success and the young 
ladies whom he had induced to come west were soon married and 
establishing homes. In 1 865 he set forth again, this time armed 
with the following letter of recommendation from Governor 



Pickering: 



Territory of Washington 
EXECUTIVE OFFICE 
Olympia, January 14, 1865 



To all whom these presents shall come greeting 

Know Ye, that I take great pleasure in stating that the bearer of 
this letter, the Honorable Asa Shinn Mercer, of Seattle, in King 
County, Washington Territory, is a Gentleman of the best standing 
in Society, is universally respected, as a man of honor, integrity, 
and moral worth. 

Mr. Mercer will visit the Eastern and Western States, to work 
in the noble and good cause of aiding young women of respecta- 
bility, to better their condition in life, by securing good homes in 
a new and exceedingly healthy & productive country. 

Entire confidence may be placed in his statements and propo- 



1. For a brief biography of A. S. Mercer, see "Wyoming's Frontier 
Newspapers", by Elizabeth Keen, Annals of Wyoming, Vol. 34, No. 1, April, 
1962, pp. 76-79. 



214 ANNALS OF WYOMING 

sitions, and in all his invitations to young women to accompany 
him to Washington Territory. 

Very respectfully yours &c&c 
William Pickering 

Governor of Washington Territory 

The story of the "Mercer girls"' has been told in part, but records 
of their experiences are somewhat difficult to locate. Recently 
Mrs. Anita Webb Deininger of Buffalo, Wyoming, granddaughter 
of Asa S. Mercer, presented to the Archives and Historical Depart- 
ment the following account written by one of the participants in 
1866 and published in the Washington Standard at Olympia, 
Washington Territory, on June 9 and June 16, 1866. Mrs. 
Deininger suggested that the publication here of Miss Stevens' 
account would be of interest to many. — Editor. 



A JOURNAL OF LIFE ON THE STEAMER 
CONTINENTAL 

By 

Miss Harriet F. Stevens 

After almost innumerable postponements, the good ship Conti- 
nental left New York on the 16th of January, at ten minutes past 
three, P. M. Having got fairly out into the stream, we came to 
anchor. At 4 o'clock on the following morning we began our 
voyage in earnest. During Wednesday night a severe storm arose, 
and many of us experienced for the first time all the horrors 
usually inaugurated by a storm at sea. The banging and crashing 
were indescribable. The furniture of the cabin dashed against the 
staterooms and then recoiled upon the tables. At intervals came 
what seemed to be the utter destruction of barrels of crockery 
and indefinite tin ware. A piano minus its legs and a tin bath-tub 
performed a fandango on the floor above us. But that which most 
puzzled me and of which I have not yet received any satisfactory 
explanation, was a series of grand cavalry charges upon our doors, 
executed by a host of junk-bottles, apparently. This was not the 
least fearful feature of the night. The dining-room floor and the 
upper state-rooms were converted into shallow ponds. As I 
wished to display a greatness of soul worthy of my pilgrim ancestry, 
I remained very quiet in my berth, carefully analyzing the uproar 
and comparing my own experience with various descriptions of 
storms at sea which I had read. The result was that a severe storm 
was in full career, but the good ship would not succumb. Then, 



ONE OF THE MERCER GIRLS 215 

mindful of the self-control inculcated by the bluelaws, I said very 
quietly, "Mollie, I think there is a storm." "I know there is," was 
the confident reply. 

During two days we were very sick, helpless and wretched to 
such a degree that but for the kindness of the physician and the 
few passengers who were sea-proof, I know not what would have 
been our fate. On the 1 8th, being very desirous of seeing the 
ocean before the agitation of the storm should subside, we con- 
trived to get on deck for a few moments. The gentlemen were 
staggering about fearfully, but few ladies were visible. In returning 
to my state-room, the gentleman who escorted me fell down stairs. 
Fortunately, 1 was thrown on the opposite side and caught the 
rail. We were very glad we had been on deck. The grandeur 
of the scene fully repaid us for the effort. The sea was of an 
intensely dark-blue, save where the great waves broke into snowy 
foam. On Friday morning, the 19th, we were able by much effort 
to get on deck again, and as the sea was comparatively calm, we 
found it possible to remain. In two hours we were convalescent, 
and by afternoon quite ourselves. Then followed a series of the 
most glorious days and nights one could well imagine. The tem- 
perature was like that of a New England June. I would fain 
convey some adequate idea of the glory of the ocean, but never 
did my poverty of language seem greater than in the attempt to 
portray the measureless, blue, surging world of waters. I feel that 
one cannot know the true majesty of our terrestrial home until he 
has passed many days and nights upon the ocean — until he has 
seen the awful beauty of its starlit night — the glory of its sunrise 
and sunset — its moon through all her phases, from the delicate 
thread of light to her full-orbed glory, reflected in a broad tract of 
ever-changing sheen. The many-hued, ever-moving, limitless deep, 
it tells of the Eternal Father as no other feature of Earth can. 

As we recover our normal condition we began to look about us. 
With great satisfaction we found that we had a party of intelligent, 
amiable, sprightly people. The unmarried ladies are mostly from 
New England, and boast a fair share of beauty, grace and culture, 
which characterize the best society of that region. It is impossible 
that the lovely girls who are with us should have left the East 
because their chances for matrimony were hopeless. One must 
look for some other motive. One need only observe their lively 
appreciation of all that is grand and novel in our experiences, to 
feel assured that the love of adventure, the ardor and romance of 
youth are sufficient to account for their share of our Hegira. But 
are all the unmarried ladies young? Certainly not! Besides your 
humble correspondent there are several equally vulnerable. Their 
bright faces, wit and sound sense are, however, such that they 
cannot fail to be desirable members of society in a new country. 
Some of the children are, particularly, lovely and well-bred. The 
avidity with which every one cares for and caresses them is 



216 ANNALS OF WYOMING 

pleasant to behold. One young married lady is totally blind — a 
pretty, delicate woman, who entertains us by her intelligent con- 
versation and skill on the piano. She has been educated at an 
asylum for the blind. Several of the gentlemen of our party have 
fought for God, the right and the flag. One gentleman tells me 
that the sum of service rendered by himself and his immediate 
friends, during the war, amounts to seventeen years. Many of the 
ladies play, and since the piano has been put upon its legs and 
secured by heavy wooden cleats against future tossing of the sea, 
music has become one of our chief amusements. On Saturday 
Mr. Mercer formed a small choir designed to lead during the 
Sabbath services. The first Sabbath upon the great deep dawned 
upon us, grand and calm. The services were appropriate and 
affecting. Mr. Mercer, who is a regularly ordained clergyman- 
of the Methodist Episcopal Church, officiated at the improvised 
desk covered with the dear old flag. Your correspondent presided 
at the piano. All, I trust, raised their hearts in devout gratitude 
to "the Father of us all." This day and the two preceeding it, 
were among the happiest of my life. The delays had become to 
our minds like the heart-sickening telegram — "All quiet on the 
Potomac!" We were at last really, as our California friend would 
say, "on the float." I cannot describe the sense of freedom from 
all the care and constraint of life, the glory and gladness of these 
days. 

During this week something Uke a regular system of life was 
established among us. Some were still sick, but the greater part 
of the ladies had got out working materials and were engaged in 
sewing, knitting and fancy work, with reading, singing, playing, 
conversation, and the never ceasing wonders of the world about 
us for entertainment, when tired of work. Three days of this week 
the sea was quite rough. The sky continued clear and bright, 
and much laughter and merriment prevailed. The second Sabbath, 
January 28th, was as beautiful as the first. Directly after supper 
we went, as usual, upon the hurricane deck, and a little group of 
us had established ourselves in a life-boat, and were all happy 
and gay, when the fearful cry, "child overboard!" sent a thrill of 
horror through the ship. My friends Miss M — , who was on the 



2. The following affidavit corrects this statement. Dated Hyattville, 
Wyoming, October 4, 1961, and notarized by Virginia Stoneberg, Notary 
Public, it reads: 

"I, Ralph D. Mercer, eldest son of the late Asa Shinn Mercer, wish to 
correct a false statement made by Miss Stevens in her account of the trip 
on the ship Continental from New York to Seattle, in the year 1866. She 
states that Asa S. Mercer was an ordained minister of the gospel. My father 
was not an ordained minister. She could have received that impression 
from the competent manner in which he was able to conduct a religious 
service, for I am sure she did not intentionally falsify. I just want to set 
the records straight." Signed Ralph D. Mercer. 



ONE OF THE MERCER GIRLS 217 

outside of the boat, looked out upon the water and beheld strug- 
gling with the wild waves a human figure. In a moment the 
captain, officers and men were upon deck. The engine was 
stopped and the sails furled, and a boat manned and lowered in 
wonderfully short space of time. It was not a child, but a young 
sailor, who had fallen from the rigging. As he passed the ship 
Mr. Mercer had the presence of mind to seize a life preserver and 
throw it toward him. We hojDed that it had reached him, and that 
he would be able to sustain himself by its aid until the boat could 
reach him. With feelings that cannot be described we awaited 
the return of the boat. The sea was so rough that the captain was 
obliged to recall the boat after a little, lest it should be swamped. 
It was very sad to see the men return without their comrade. The 
steamer now made a circuit of the waters as a last effort for his 
recovery, but all in vain — a few moments had probably closed 
the mortal career of this soul. For days after this the hurricane- 
deck became deserted as darkness approached. During this week 
we saw long tracks and broad spaces of water filled with a very 
delicate seaweed, of a bright yellowish brown. The gentlemen 
amused themselves by fishing it up. We were in the Sargossa Sea, 
the lovely blue of which contrasted charmingly with this beautiful 
seaweed. One day my friend Miss M — gave me glowing accounts 
of rainbow-tinted waves, but as I had seen nothing of the kind I 
attributed it to the excitement of the imaginative faculties, conse- 
quent upon the peculiar devotion manifested by a tall speciman 
of the genus homo. One afternoon, however. Miss M — came to 
me and dragging me out to our favorite corner of the ship, bade 
me look for myself. Surely there was no denying it,— the waves 
broke into genuine rainbows much to my delight. 

Wednesday, Jan. 31st, we crossed the Equator, preluded by 
some talk of shaving a la Neptune, and fearful keel-haulings. 
Thursday, Feb. 1st, we saw the Southern Cross for the first time, 
realizing in this one of my long cherished dreams. The larger of 
the Magellan Clouds was pointed out to us by the captain, and 
the next day read up in Herchel, which our friend Mr. L. had had 
the good taste to bring along with him. There is a unanimous 
opinion that we have been particularly favored in regard to 
weather. After the first storm we have had the most gloriously 
bright, clear days and nights. Excepting three showers, of the 
most refreshing character, we have had no rain. The heat of the 
equatorial regions has been modified by the Trade Winds to such 
a degree that we might fancy ourselves out upon our own waters 
in the month of June. The Sabbath, Feb. 4th, came clear and 
beautiful. On the morning of this day we saw the coast of Brazil 
for the first time. All day we sailed within about eight miles of 
the shore. It was a hilly, heavily-wooded country. For more than 
three weeks we had gazed upon an ocean-bound horizon. Now the 
solid earth was good to look upon. At night we saw fires along 



218 ANNALS OF WYOMING 

the shore. How we longed to look upon that savage people! On 
Monday morning, Feb. 5th, we were informed that a "little 
stranger" had arrived during the night — a little girl. The mother 
is a pretty, lady-like Englishwoman, wife of a shoemaker. 

The ship itself — the good Continental — is a fine sailor. She is 
a ship of over sixteen hundred tons, with staterooms for about 
eighty passengers, so that we are all as comfortably situated as 
people can well be on shipboard. Our food is not luxuriant, but 
quite varied and abundant. Mr. Mercer presides at the head of 
our table, easily and gracefully dispensing the substantials. I have 
the good fortune to sit near him and endeavor to sustain my part 
of the gay and witty conversation which enlivens our mealtimes. 

It rained for three hours on Wednesday, Feb. 7th. Thursday 
the sea was very rough, but the sky bright above us, the passengers 
gay and happy, save a few ladies who always become sick when 
the sea is rough. Poor things! There is a glorious exhilaration 
in the dash of the great waves. Feb. 10 was a very exciting day. 
We were rapidly approaching Rio. The scenery was very grand. 
Some distance outside the Harbor, we saw nestled among the 
mountains, an old monastery with two towers. We were informed 
that it was over two hundred years old. Its great relic is a basin 
in which Christ is said to have bathed. The entrance to the harbor 
of Rio Janeiro is guarded on both sides by isolated mountain 
peaks rising directly out of the water. Finally, we came to a 
passage about half a mile in width, with high rocks on each side, 
and at their bases forts which look formidable to civilian eyes. 
From one of these forts our ship was hailed, and having reported 
satisfactorily, we were suffered to proceed. Immediately after we 
beheld the broad bay spread out to view. It covers an area of 
thirty square miles, and is entirely surrounded by hills and moun- 
tains, the most lofty of which rises to the height of twenty-three 
hundred feet. We came to anchor about half a mile from the city, 
the principal part of which was concealed from view by intervening 
hills. These hills are occupied by public buildings, churches, 
convents, and the country villas of the wealthy, forming altogether 
a lovely picture. There are two towns on the shore opposite Rio. 
In the evening these three localities are beautifully lighted by gas. 
From the ship we could see only the lights now stretching off in 
long regular lines, now scattered over the hills in charming irreg- 
ularity. 

At an early hour on Sunday morning little boats, filled with 
fruit, came from the shore. It was not the fruit seasons — oranges 
were not in full glory, but the delicious banana was abundant. 
Every day parties went from the ship to the city, and returned with 
accounts of the strange things to be seen there. My immediate 
friends did not go until Wednesday, Feb. 14th. Of course I went 
with them. The first object of interest in our route was the market. 



ONE OF THE MERCER GIRLS 219 

We entered it. 1 had not proceeded far, when I beheld a most 
queenly figure — a beautifully-developed negress, with a truly royal 
carriage, an elaborate white turban of great size covered her head, 
her magnificent arms, bare to the shoulders, were adorned with 
bracelets, and a white, close-fitting jacket and colored skirt com- 
pleted her costume. She moved as if fully conscious of her beauty. 
Stalls were placed near her fruit stand by the gentlemen, and we 
regaled ourselves with the ever-acceptable banana. We saw in 
the market and along the streets other negresses, who were pic- 
turesquely and neatly dressed, and possessed of beautiful figures, 
but none who, in my mind, equalled this grand woman. The 
market was very cleanly; it contained great numbers of living fowl 
and many other birds of beautiful plumage, and fruits, fish, oysters, 
innumerable onions and great stores of beautiful crockery ware. 
Meats are not sold at this market. Having "done'' the market to 
our satisfaction, we proceeded to explore the streets of the city. 
They are generally very narrow, cleanly and well paved. The 
houses, mostly of two stories, are built of small stones covered 
with plaster, which is painted in various colors, blue, green, brown, 
red and yellow, yet they do not have a gaudy appearance, but as 
you look down the streets the effect is very agreeable. You step 
immediately from the street into the shops and houses. The most 
novel article we saw among the dry goods was the feather flowers. 
These are very skillfully made and are of great beauty and delicacy. 
A beautiful little gold and green beetle is also obtained here, which, 
with a gold setting, makes a very beautiful button. At length our 
California friend proposed escorting us to a neighboring hill, from 
whose summit we could obtain a view of the whole city. The most 
courageous of the ladies accepted the invitation, and after a very 
agreeable walk we found ourselves rejoicing in the lovely prospect 
spread out before us. The plan of the city, six or eight neighbor- 
ing hills and the broad bay, lay there under the bright sky, encircled 
by mountains. The roofs of the buildings are covered with tiles 
of peculiar shape and color. Churches, convents and other public 
buildings arise here and there. The squares of the city are totally 
destitute of trees and shrubs, but are well supplied with fountains. 
The hills are clothed with the rich tropical foliage. We gazed 
with delight upon vegetable forms wholly new to us. The banana, 
the palm, the bread fruit and many other strange and beautiful 
trees and shrubs. Some of these are hung with the richest flowers. 
With wonder and delight we beheld these lovely children of nature. 
The various shades of green have a brilliancy which is not usual 
under northern skies. The flowers have the richest coloring and 
the utmost delicacy of texture. We were not troubled by the heat; 
indeed the heat of this day is often surpassed in New England. 
Leaving the hill, we proceeded to a public garden where we 
enjoyed, through the politeness of our cavalier, a tropical dinner, 
served up in the open air, with the trees, flowers and birds about 



220 ANNALS OF WYOMING 

US of SO Strange and picturesque an aspect that our own identity 
became somewhat problematical. 

Thursday morning, 15th, several officers from the Shamokin, 
an American man-of-war lying in the harbor of Rio, came to visit 
us. Before leaving, these gentlemen invited the ladies of our 
party to visit their ship. On the following morning, most of the 
ladies were in readiness, when boats were sent by the politeness of 
the commander of the Shamokin, who, with his brother officers, re- 
ceived us with great courtesy. Two hours passed delightfully in 
conversation and the examination of the ship. Everything was in 
that perfect order and cleanliness which is, I believe, a character- 
istic of Government ships. The reception of so many American 
ladies at a foreign port was a novel event. The gentlemen protested 
that it was a great treat to them — it certainly was to us. 

The ship Omvard, an American receiving ship, was also in this 
harbor. The officers of this ship gave Mr. Mercer and a party of 
six ladies an invitation to dine with them on shipboard. The 
invitation was for the afternoon of this day, and as I had the good 
fortune to be a recipient of it, I took good care to return in the 
first boat from the Shamokin. The Onward lay at anchor about 
two miles and a half from the Continental. We enjoyed this long 
boat ride. Having been duly presented to our hosts, we passed a 
few moments in conversation. Dinner was then announced. We 
found that the gentlemen had removed their dining table to the 
open deck, and had enlarged and adorned it by the various little 
expedients so readily suggested by unusual events. It was nicely 
shaded by awnings, under which, having been disposed in the most 
social manner, we partook, of the substantials and delicacies pro- 
vided for the our inner man. [sic] At one end of the board sat 
our friend Chester; at the other Lieut. Cook. At the right hand 
of the latter, sat your correspondent. The handsome, graceful 
Lieutenant did not suffer my plate to remain empty, while my 
faculties were obliged to be constantly on the alert lest I should 
make unworthy replies to the running fire of his quick wit. After 
dinner the Lieutenant showed us pictures of his wife and children. 
Soon, however, we were obliged to leave this pleasant party that 
we might meet an engagement at the American Consul's, who 
resides at Sebastian, one of the little towns opposite Rio. The 
Lieutenant proposed accompanying us, and having given orders 
for his boat, he turned to the lady who had sat at his left hand at 
table and myself, saying, "You shall go in my boat; you have 
behaved so well." We cannot doubt that the other officers had 
been equally impressed by the deportment of the ladies whom 
good fortune had placed by their sides. Gaily assenting to this 
reward-of-merit arrangement of the Lieutenant's, we were soon in 
the boat, and a few moments brought us to the shore. 

After passing several pleasant hours at Sebastian, we returned 
to the Continental late in the evening — the two miles and a-half 



ONE OF THE MERCER GIRLS 221 

of sail over the dark waters of the bay of Rio being enHvened by 
merry conversation, which did not, however, wholly prevent our 
realizing the impressive character of the scene. 

On Saturday morning, Feb. 17th the Rev. Mr. Simonton, an 
American missionary, came on board and held religious services. 
He gave us an admirable discourse on the moral dangers incident 
to so great a change of life as that which we had proposed to 
ourselves. After services we were presented to him individually. 
In answer to my inquiries, he informed me that he preached to 
his congregation in their native tongue; that he had been engaged 
in this work for four years; that his church numbered forty com- 
municants; that the dissolute character of the clergy made it easy 
to obtain a hearing for another faith, while on the other hand it 
had the effect of rendering them indifferent to all forms of religion. 

On the 18th we sailed out of the harbor of Rio. The day was 
bright and of agreeable temperature. It was, however, quite rough 
outside; the ship rolled considerably, and many of the ladies were 
a little sick. For ten days we sailed along the coast, occasionally 
in sight of land. This part of the coast is usually stormy, espe- 
cially off the mouth of the Plata. We are told that the experienced 
sea captains of California will find it difficult to believe that we 
sailed from New York to the Straits of Magellan without storms 
after the first night out. This is the fact, however difficult of 
belief. For some time I had been engaged in the study of naviga- 
tion under the direction of the good Captain. Every morning I 
was accustomed to repair to the front of the ship immediately 
after breakfast to take the altitude of the sun. It was amusing 
to see the feeling produced by a lady's undertaking so unusual a 
study. I was beset by all sorts of playful inquiries respecting our 
course. One day I found much difficulty in making myself 
comprehended by a sage masculine, who had great skepticism as 
to my success. Gravely I announced to him the fact that I had 
become so accomplished that I could take the altitude of the sun 
at sunset. He never heard of such a thing; he didn't know the sun 
had any altitude at sunset! 'Tt is so much," said I, holding up 
my fingers in the form of a cypher. He did not understand. 
Finally, I was obliged to tell him that I fully comprehended that 
the sun had no altitude at sunset. 

Along the eastern coast of Patigonia [sic] we saw the famous 
albatross in great numbers, and great flocks of smaller birds. It 
was a very general custom to go upon the hurricane-deck after 
supper, for a promenade. At this time everyone is gay, and the 
deck presents a very picturesque appearance. If by any pre- 
occupation I lose the sunset, I reproach myself. At a late hour, 
Httle parlor plays are engaged in on deck, and litde groups gather 
for conversation, while a gay party is usually in the saloon below 
determined on beguiling the time with music. 

On the afternoon of March 1st we arrived at the Straights of 



222 ANNALS OF WYOMING 

Magellan. The heavens portended a storm. The captain would 
not venture within the mysterious portal until morning. All night 
we hovered about, now nearer, now farther from the great shoal 
stretching from the base of a promontory far into the Atlantic. 
At an early hour on the following morning we turned our prow 
westward, and by the time 1 had issued upon deck, in cloak and 
hood, we were fifty miles up the Straits. As we advanced the wind 
arose. It continued to blow heavily for several hours, but as it 
struck us directly upon the prow, the good ship moved steadily on, 
indicating the instability of the waters only by a slight jar. After 
one month upon the ocean, one can easily understand the pride and 
affection which a sailor feels in his ship. My idea of the most 
appropriate prelude to Paradise is a voyage round the world in 
the Continental. Many times I stand at the stern of the ship and, 
looking along her whole length, watch her stately and graceful 
motion. Then she is no longer the achievement of man's hand, 
but a thing of life. The central heart-throbs adding to the illusion. 
Immediately after dinner great excitement prevailed upon deck; 
we were in sight of our anchorage — a small penal station belong- 
ing to the Republic of Chili. As the water was deep, we anchored 
near the shore. This station consists of the Governor's house, a 
guard-house, a church, a government store -house, and about 
fifteen blocks of long shed-like buildings, used as barracks by the 
soldiers. Before we had finally come to anchor a boat, bearing 
the Chilian flag, came from the shore. Our second officer, who 
speaks the Spanish language, received the Governor of the station 
at the landing, and conducted him to the Captain's room. After a 
little, another boat came bringing Chihans, who wished to exchange 
feathers, ostrich eggs and fur robes for whisky, if possible; if this 
delectable article could not be obtained they would accept clothing. 
Three ladies and several gentlemen went on shore and returned 
bringing flowers, grain, pebbles, skins, feathers and eggs. The 
Governor and his lady came with them. Both these personages 
are short and stout, with very black hair and eyes. The Madame 
was dressed in black silk and, as far as dress was concerned, 
looked very like a sensible matron of New England. Through 
our interpreter I propounded a question concerning the climate. 
The wind had subsided, and the afternoon was Uke October in 
New England. The Governor informed me that they had warmer 
days sometimes. From the state of the vegetation on shore the 
season seemed to correspond with our July. Peas, lettuce, cab- 
bage, potatoes and raspberries were ready for the table. The soil 
is said to be rich. The hills are covered with oaks. 

During our first day's sail the shores were high and picturesque. 
On the second day the land arose into lofty hills and mountains 
clothed with the most beautiful verdure. Behind these towered 
snow-capped peaks, then came long reaches of bare rocks, rising 
from one to two thousand feet. The various shades of color — 



ONE OF THE MERCER GIRLS 223 

now grey, now almost snowy white, and again blue and purple — 
added much to the beauty of the scene. But the object of greatest 
interest was a true glacier reaching nearly to the base of a moun- 
tain, and presenting a peculiar blue, vitreous appearance, such as 
1 had never before seen in any modification of water. Indeed, the 
innumerable tints of these Straits and neighboring channels enable 
us to believe in the truth to nature of the most extravagantly- 
colored productions of art. About 4 o'clock of the next day we 
came to anchor again. Port Gallant was our haven — a beautiful 
bay enclosed on three sides by hills. To my great delight I had 
an opportunity to go on shore at our next port, which was Tamar 
bay — the last port we made in the Straits. As I neared the shore 
I perceived what seemed a practicable ascent of the hill before me; 
but on landing 1 found the shore covered with a maze of shrubs 
and vines interwoven in such a manner that one would sink in 
verdure from one to three feet. I ventured about a yard into this 
wilderness, enticed by some brilliant flowers. In attempting to 
return I found myself lying flat on my back, entirely concealed 
from view by the fohage. The gentlemen of the party come to my 
assistance, and secured the flowers I could not reach. I went back 
to the Continental with my arms full of flowers, and my pocket 
full of shells and mosses. On the narrow beach we saw the ruined 
hulk of a ship and many red bricks lying near it. 

The Straits of Magellan are fourteen miles wide at their entrance. 
Their maximum width is sixteen miles — their minimum one and 
one-fourth miles. Sandy Point, our first harbor, is one hundred 
and twenty miles from the entrance of the Straits. Port Gallant 
is eighty miles from Sandy Point; Port Tamar is but a short dis- 
tance from the entrance to Smyth's Channel. The whole length 
of the Straits is three hundred miles. I forgot to mention that at 
Port Gallant Mr. Mercer planted the American flag on one of the 
hilltops, making a speech upon the occasion, vigorously applauded 
by his audience of one. It is Mr. Mercer's belief that the principles 
indicated by that precious bunting are destined to reach to either 
extreme of the continent; and although the speech has not been 
regularly reported, it is supposed to have been "framed" with 
reference to that glorious future. Before noon of the next day we 
were sailing northward, feeling that we had looked for the last 
time upon that marvellous passage which connects the Atlantic 
with the Pacific. The scenery during the whole length of the 
Straits is of great interest. The mountains rise one above the other 
from the water's edge. Hills of enchanting green stand at the feet 
of snow-clad peaks and bare granite rocks. 

On Monday, March 5th, we entered Smyth's Channel. The 
passage leading from the Straits of Magellan to the island of Chiloe 
is divided into three channels — Smyth's Mesier and Sarmiento. 
At its widest part it measures six or seven miles — its narrowest 
part only forty yards. By this time, however it had become the 



224 ANNALS OF WYOMING 

general conviction that a labyrinth, of which Captain Winsor had 
not the clue, was an hypothesis contradictory of all the fundamental 
laws of the human mind. The highest point of land here is Mount 
Burney, which has an elevation of fifty-three hundred feet. The 
hills and mountains on the shore of this passage have an average 
height greater than those of the Straits. This part of our voyage 
excelled everything we had yet seen, in grandeur and beauty. It 
winds in such a manner that we seemed to be during nearly the 
whole route in a lovely lake. You find yourself in a beautiful 
broad basin of blue water, surrounded by mountains and dotted 
with little isles — perfect httle Edens of shrubs and flowers. You 
look north and south — you can see no opening, but as you advance 
the walls recede. The fair Miss J — says the waters opened to the 
Israelites, but the mountains to the Yankee women. 

Puerto Bueno was our first harbor after leaving the Straits. 
Only a poet could do justice to the glory and beauty of the scene 
as I stood upon the hurricane-deck and looked upon the shadows 
of the hills in the still waters, across which the moon had woven a 
bridge of hght. Tuesday, the 6th, differed only in an increasing 
mildness of temperature from the preceding day. We were on 
deck nearly the whole day; in fact, it is our custom to live out of 
doors. The second night we passed in Eden harbor. No one 
could deny the appropriateness of the name. Some gentlemen 
went on shore and added the charm of a great bonfire to the scene. 
Our California friend was among these. Next morning 1 heard a 
little lady assuring him that she had been in a state of great terror, 
lest the Patigonians [sic J should find him of so agreeable a flavor 
that they would forget to extend the courtesy of a slice to his 
fellow passengers. 

Wednesday, the 7th, we arose at an early hour, that we might not 
loose the sunrise in so lovely a region. We were approaching the 
narrowest part of the passage, and wished to witness its thridding. 
[sic] When we remember the shoals laid down upon the chart, 
whose existence we should never suspect, and our friend Mr. L.'s 
account of the cannibaUsm of the Patagonians, we were about to 
tremble. The captain's unclouded face, as he turned his eye a 
moment from the prow of the vessel, reassured us. For myself, 
1 confess to sharing the measureless faith in the captain, with one 
exception. He had informed me that the absence of the ordinary 
hirsute appendage "on the top of his head" was referable to a 
sudden gale encountered in a previous voyage. Naturally skep- 
tical I found this too much for my belief; but I remembered the 
astronomer in Rasselas, and decided that there is undoubtedly a 
minute region in even the best developed minds, in which the 
subjective becomes objective. 

On Sunday morning, March 1 1th, we entered what we supposed 
to be the harbor of Sota. As we were entering this port we saw, 
in the distance, a steamer rapidly approaching us. As she came 



ONE OF THE MERCER GIRLS 225 

near she fired a blank shot, and soon after a sohd shot, which 
shrieked along the water not far from the side of our ship. I began 
to feel a little doubtful of their discipline and hoped they were 
accurate in their aim. Our ship came to anchor immediately. A 
boat was sent from the Spanish man-of-war — for such was our 
challenging party. Our neutrality was ascertained, and we were 
informed that we were not at Sota, but at Carovel, a little town 
about six miles from Sota. Flag salutes were interchanged by 
the man-of-war and the Continental, followed by hearty cheers. 
We were delighted with the idea of being blockade-runners. After 
a little, we steamed up again, and in a short space were in the 
harbor of Sota, having obtained permission to purchase as much 
coal as we desired. Sota is a most wretched little Chilian [sic] 
village, twenty-seven miles from Conception. It is composed of 
one-story houses; the streets are unpaved and totally destitute of 
trees or any form of vegetation. Coal mines are near the village, 
and there are smelting furnaces for reducing the copper ore, 
shipped from farther up the coast, to a marketable condition. Both 
these sources of wealth are under the direction of an Englishman, 
so that there is quite a little settlement of them at the lower village. 

The Rev. Mr. Gardiner, a missionary of the Church of England, 
is established here. His house is back of the upper village and 
commands a fine view of the sea. We were received with great 
cordiality by this gentleman and his high-minded lady, whose 
earnest and intelligent conversation left the most favorable im- 
pression on our minds. We can not doubt they are doing a good 
work and proving themselves true children of our Common Father. 
They experienced considerable opposition during the early part 
of their stay here, but they have generally gained the confidence 
and affection of the people. They described the people as careless 
and improvident. Agriculture is managed in the most slovenly 
manner. Potatoes of the finest quality are abundant, but other 
garden vegetables are almost wholly neglected, while the soil and 
climate are such as to ensure with little care abundant harvests 
and much variety in this direction. They are equally careless in 
regard to fruits, yet nature is so kindly that grapes are plentiful 
and delicious. The purple grapes are small but sweet, and pro- 
duced in immense clusters; the white grapes are very large, and 
more delicious than any I have before tasted. For twenty-five 
cents I purchased more than I could get for three dollars in New 
York. The pears and apples are tolerable. The peaches have a 
rank flavor which shows them but little removed from the wild 
state. Several German gardners have recently established them- 
selves here, and much is expected from their skill and industry. 
Before the war the legal restrictions in relation to the possession 
of lands by foreigners were very severe. Some of them have been 
removed. At present the Protestant religion has a peculiar sort of 
toleration. Protestants are permitted churches, minus bells and 



226 ANNALS OF WYOMING 

Steeples. By some sort of legal hocus-pocus, the lands and other 
property here are under the protection of the American Flag, and 
a Consul is stationed here to protect our National interests. Mr. 
Silva, the Consul, occupies a very picturesque mansion, situated 
on a high bluff and surrounded by grounds rich in flowers. The 
ladies received much attention from the Consul. We were also 
indebted to Chilian [sic] officers and several English and Ameri- 
can gentlemen who chanced to be here during our stay. Every 
day the ladies were on shore riding, walking and visiting. Some 
of the native women of the better class came to visit us on ship- 
board. They danced and played for us. Their cordiality and 
gaiety were truly delightful. We decorated the upper saloon with 
flowers, and every day during our stay at Sota a party of gentle- 
men came from shore to pass the evening with us. There was 
much flirtation, very pleasant to witness. Our California friend 
tells us that the scenery here is like that of California. Under his 
escort a small party of us passed a day in rambling over the hills. 
In some places the paths were so steep that I was in fear of falling, 
perceiving which, our friend declaimed against the helplessness 
of women, though he did not hesitate to employ his longitude for 
our benefit whenever the graceful copine was discovered high 
above our heads. The copine is a vine which twines itself about 
a beautiful dark green shrub. It has a dark green leaf, and its 
flower is a large and brilliant red blossom. The Chilian [sic] 
ladies value it highly as an ornament for the hair. 

On Tuesday, March 23, we left Sota. As we came out into 
open sea we found the Pacific in a mood one would hardly expect 
to find in anything bearing its name. We pitched and rolled fear- 
fully, and at night were obliged to sleep with our ports closed. 
When I arose in the morning, 1 found the air so oppressive that I 
ventured to open ours. I had taken my bath, and was partially 
dressed, when a very heavy roll of the ship brought what seemed 
to be a very respectable ocean upon my devoted head. Our floor 
was flooded, my room-mate escaping a drenching only by hurrying 
into her berth, while I stood trembling and gasping. Many of the 
ladies were sick. My extra bath compelled me to remain so long 
below that I was among this forlorn group. Early in the afternoon 
we reached Talcaperana. Saturday was stormy. Sunday, 25th, 
opened upon us with a dense fog. We left the harbor at an early 
hour, but were destined not to proceed far this day. In conse- 
quence of the great obscurity of the atmosphere, we ran upon a 
shoal and were obliged to await the floodtide of the afternoon, 
when, with the help of the good engine, we floated off triumphantly. 
After two days of rather rough sea, we came upon the genuine 
Pacific — clear, blue, sunny days, and nights of fabulous beauty. 
On the evening of March 30th, we were upon the hurricane deck, 
as usual. The moonlight seemed to surpass in briUiancy anything 
I had ever before seen. The loveliness of the night tempted us 



ONE OF THE MERCER GIRLS 227 

to remain upon deck longer than usual. One of our friends, who 
had descended to the saloon, returned with the information that 
a total eclipse of the moon was to take place on this night, visible 
from all parts of the American Continent. This interesting phe- 
nomenon had already begun. We did not retire to our state-rooms 
until past one o'clock, at which hour the moon had become par- 
tially eclipsed, the eclipsed portion appeared of a dark brown 
color. When the eclipse became total, it assumed a hue which 
excited great surprise among us. The whole surface of the moon 
appeared to be of a bright salmon color. It was so brilliant that 
had I been awakened from sleep to look upon it, I should have 
considered it of its usual splendor and never dreamed of eclipse. 
One lady who had not seen the gradual obscuration, was very 
sure that we were wrong, that it was no eclipse. The next day 
we consulted Mr. L.'s "Herchel" for some elucidation of the extra- 
ordinary appearance, and were so happy as to find an account of 
certain concurrent conditions capable of producing such an effect. 
It was, indeed, one of the most marvelous exhibitions of celestial 
phenomena. 

During the voyage we had amused ourselves with such plays as 
"spiritual rapping," "'throw light upon it," and guessing proverbs. 
About this time the active mind of Mr. M. invented the "Conti- 
nental Game." Cards with subjects written upon them are dis- 
tributed, face down, to those engaged in the play. The first in 
order reverses his card, rises and immediately proceeds to speak 
five minutes upon the subject which fate has assigned him. The 
ladies, who, of course, were "unaccustomed to public speaking," 
quite surprised themselves by their readiness. Our friend "Snik- 
taw" has steadily increased in favor. There is a particular group 
of six ladies which he calls the "constellation." As twilight ap- 
proaches he may be seen as the central figure of that group. He 
is externally the ideal Californian, and as he is a favorite with 
the reading public of that State, I presume he may be considered 
altogether one of her representative men. He stands before us 
very tall, broad-shouldered, sandy-complexioned, with a rough, 
strong face, full of underlying good humor and energy. By birth a 
Virginian, though bred in Kentucky, he is naturally a clear, inde- 
pendent thinker, to which has been added the polish and accuracy 
of liberal culture. From a student's life he passed directly to that 
of a miner, and fourteen years of almost entire seclusion from the 
society of ladies has made his manners toward them a rather 
fascinating compound of diffidence, admiration, delicacy and 
abruptness. No true woman can fail to discern an inner man of 
sterling justice, kindness and purity. He will suddenly announce 
a radical view of a subject — will go on to prove himself right with 
vehemence and force of lungs that only after half an hour of 
gesticulation and sudden thrusting of sentences in the pauses to 
take breath can I convince him that we agree perfectly, and that 



228 ANNALS OF WYOMING 

there is not the sUghtest chance in the world for an argument 
between us. Having made this discovery, he will laugh and beg 
to know why 1 do not throw myself into the sea because I am so 
small. He has a passion for cold baths, clean linen and Graham 
bread. Even under all the disadvantages of life on shipboard, 
the great, broad, immaculate extent of him is most refreshing to 
behold. We are much indebted to him for the pleasure of the 
voyage. We have found him ever available for discussion, fun, 
declamation, and more substantial service. On the whole, I 
imagine we have been rather an afflicting party to the officers of 
the ship, accustomed as they are to great regularity and deference 
to authority. The wants of so many ladies during so long a 
voyage have rendered them the subjects of never-ending petitions, 
which I must do them the justice to say they have listened to with 
much patience and granted when it was practicable. One day I 
playfully begged the Captain to stop at an island we were approach- 
ing and obtain some turtle. "I would like to do so," he replied, 
"but should I, in a few days some lady would come to me and 
say — -(here he assumed an inimitable expression of mock dis- 
tress ) — 'Captain, can't you give us something besides turtle 
soup?' " 

April 7th, we came in sight of Gallapagos Islands. As our 
engine required some repairs, we came to anchor on the north 
side of Charles Island, one of the most southern of the archipelago. 
These islands are of volcanic origin. A boat went ashore. The 
Captain reported the island to consist of lava and volcanic prod- 
ucts, resounding to the tread. It is totally destitute of soil, yet 
some cactus plants and stunted trees were growing upon it, and 
it was generally covered with grass, apparently perfectly dead, but 
probably its revivification requires only the return of the rainy 
season. Although this archipelago lies directly under the Equator, 
yet we did not find the heat excessive. April 17th, the wind was 
dead ahead, and the swell heavy. Wednesday, 1 8th, late in the 
afternoon, we descried a steamship in the distance. She rapidly 
approached us. The Golden Age we read upon her prow. She 
is truly a grand ship. Her great crowd of passengers cheered and 
waved hats and handkerchiefs. It was one of those thrilling events 
that bring tears. We are determined to believe that she has passed 
us only at an expense of steam, which threatened to reduce the 
whole institution to a molecular condition surpassing in rarity 
that of a comet's tail. The Continental is incapable of petty am- 
bition, and will keep on the even tenor of her way through "earth- 
quake's shock" or a whole fleet of Panama steamers. 

Monday, April 23rd. Since the 18th we have had much head 
wind. To-day every one is busy with preparations for leaving the 
ship. By to-morrow evening we shall probably enter the Golden 
Gate. 



Zhe Zale of a Sloop, a Monitor 
and a T)readHougkt 

By 

Mae Urbanek 

One hundred years ago the USS Wyoming was victor in a battle 
with Japanese forts and warships in the Straits of Shimonoseki, 
Japan. Under the command of Commander David Stockton 
McDougal, USN, this 726 ton six-gun sloop sailed to the Straits 
to investigate the circumstances under which the American steamer 
Pembroke, on her passage to Shanghai, had been fired on by a 
brig belonging to the Prince of Negato. 

When the USS Wyoming^ left the Straits on July 16, 1863, after 
an hour and ten minutes of exchange of fire, two Japanese ships 
were burning and the shore batteries were silenced. The Wyo- 
ming's first shot at the Prince's ship hulled the Japanese steamer. 
A second shell was planted directly in the center of Koshin Marii, 
one foot above the water line. Shells were then directed to the 
shore, silencing six batteries. Long afterward the Choshiu clans- 
men spoke respectfully of the "American devils." 

This first and by far the smallest of the three U. S. battleships 
christened Wyoming, was the only one of the three to engage in 
actual battle. By modern standards her marksmanship was indeed 
remarkable, since the guns of a sloop were solidly mounted on 
the deck and the ship herself had to be pointed at the target. The 
guns could not be moved to compensate for the pitch and roll of 
the ship. The first USS Wyoming was launched on January 19, 
18.59, nine years before Wyoming became a Territory in 1868. 
After thirty-three years of duty in the Pacific she was sold in 1892 
for SI 1,311. Her original cost was $323,537. 

The second USS Wyoming was a Monitor of 3,225 tons dis- 
placement launched September 8, 1900. Her two 12-inch guns 
were mounted in a movable turret so the ship did not need to face 
the target. She also carried four 4-inch guns. She cruised the 
Pacific Coast as far as Central America, taking part in target 
practices, drills and ceremonies. 

On January 1, 1909 her name was changed from Wyoming 



1 . The first USS Wyoming would have been named for Wyoming Valley, 
Pa., for which the new Territory of Wyoming was named when it was 
created in 1868.— Ed 



230 ANNALS OF WYOMING 

to Cheyenne. She tested her new oil burning engines and was 
assigned to duty with the Washington State Naval Militia. In 
1913 she was fitted out as a submarine tender and assigned to the 
Pacific Torpedo Flotilla. In 1914 the Cheyenne carried refugees 
from Mexico to California. Again overhauled, she continued as a 
training station for submarine personnel. In 1917 the Cheyenne 
served as a flagship and submarine tender in the Atlantic Fleet, 
patroling the Mexican coast until she was decommissioned in 1919. 

The third and most famous USS Wyoming was a dreadnought 
launched May 25, 1911. This was during the naval boom that 
followed the Spanish-American War of 1898, when the United 
States became a world power, competing in strength with Great 
Britain. Navy-loving President Theodore Roosevelt of Rough 
Rider fame was an empire builder. In 1908 he sent the U. S. 
Navy around the world. But the British were building battleships 
of superior size, known as dreadnoughts. So in 1909 Congress 
authorized an improved type with two steel superstructures that 
appeared as Eiffel towers on her deck, and could be seen at a 
great distance even on the ocean. She was a two-stacked, cage- 
masted triumph of naval architecture. 

This queen of the U. S. Navy was christened Wyoming by Miss 
Dorothy Knight, daughter of the former Chief Justice of the 
Wyoming Supreme Court. Complimented and proud by having 
the largest battleship afloat named after the state, the 1 1 th legis- 
lature appropriated $7,500 for a silver service for her Admiral's 
cabin. About twelve hundred naval officers and many civiUans 
were present at the Brooklyn Navy Yard when Governor Joseph 
M. Carey and Representative Frank Mondell presented the silver 
on behalf of the people of Wyoming. Rear Admiral Charles J. 
Badger, commanding officer of the Atlantic Fleet received the 
gift. The USS Wyoming immediately became flagship and heart 
of the Atlantic Fleet and remained so for many years of her long 
career. 

The USS Wyoming was 562 feet long, 106 feet abeam, and had 
a draft of 27 feet and seven inches. Displacing 27,900 tons of 
water she had a speed in excess of 21 knots. She could sail a 
distance equal to the length of the state of Wyoming in sixteen 
hours. Annually her mother state sent her a great supply of water 
from mountains and snow banks via the Gulf of Mexico to keep 
her afloat. 

For armament the Wyoming carried twelve 12-inch 50 caliber 
guns in four turrets; sixteen 5-inch 51 caliber batteries; eight 3-inch 
50 caliber anti-aircraft guns, and four 6-pounders. One 12-inch 
gun alone weighed 56 tons. It was manned by 48 men in a turret 
and shot a projectile weighing 870 pounds about 23 miles. If the 
Wyoming could have sailed to the top of Sherman Hill and was so 
minded, she might have fired two salvos that could have leveled 
both the Capitol Building in Cheyenne and the University of 



THE TALE OF A SLOOP 231 

Wyoming in Laramie simultaneously. Her initial cost in 1911 
was twenty million dollars. 

Her crew, 1,100 strong, equal to about half the present popula- 
tion of Wheatland, consisted of sailors, who maintained and sailed 
the ship, and a detachment of Marines for guard duty and landing 
expeditions. As flagship, the USS Wyoming was home of the 
Admiral; all commands to the fleet went out of his cabin. Flying 
the Admiral's pennant, she sailed at the center of the armada, 
escorted by other huge battleships, usually the Arkansas, Florida 
and Utah. Around them in elliptical formation steamed the 
cruisers, named for cities; farther out raced the destroyers, named 
for naval heroes; and on the outer rim of the moving fleet were 
the submarines — about ninety vessels in all. 

The USS Wyoming visited the Panama Canal in 1913; then 
made a cruise of the Mediterranean. As watchdog and flagship 
she continued with the fleet to guard the Atlantic seacoast in 
tedious patrols of the stormy seas. Boston was her home port, 
but much cruising and maneuvering was done in the Caribbean 
area with Cuba's Guantanamo harbor the fleet base, especially in 
winter months. 

In 1917 under command of Rear Admiral Hugh Rodma the 
Atlantic Fleet sailed to Scapa Flow to join the British Grand Fleet 
in an attempt to engage the German High Sea Fleet. No naval 
battle took place, but the American squadron encountered five 
German submarines. Finally in November 1918 at May Island 
the Wyoming participated in the surrender ceremony of the Ger- 
man Fleet. Next she escorted the George Washington with Presi- 
dent Wilson aboard from the coast of England to Brest, France. 

After the war the Wyoming continued as flagship of the Scouting 
Fleet. In 1925 she cruised to Hawaii with the Battle Fleet. 
Originally a coal burner, in 1927 the Wyoming was modernized at 
the Philadelphia Navy Yard into an oil burner. New cruising 
turbines were added, and the latest naval equipment. 

Even a huge ship is a small living space for 1,100 men. All 
enlisted men slept in hammocks, which at reveille they carried to 
hammock compartments. At meal times cooks converted the 
sleeping quarters into a mess hall by lowering tables and benches 
from overhead. Hooking them up again, the men used the same 
space for a workshop, polishing and maintaining the guns whose 
working and revolving parts had protruded among the lowered 
tables and under the swinging hammocks. Card playing and 
movies were chief diversions aboard. Liberty ashore, when in 
port, was greatly prized and given to half of the men each night. 

In 1928 the Wyoming answered the SOS of the SS Vestris, a 
British merchant ship bound for South America. Then about 
300 miles off New York, she reached the spot about two in the 
morning, but the Vestris had already sunk. Survivors were in the 
water, but it was so dark that not many were located. One of the 



232 ANNALS OF WYOMING 

women recovered was the wife of the Japanese ambassador to 
Argentina. 

In 1931 the Wyoming rescued the British arctic explorer Hubert 
Wilkins, when his ice-cutting submarine almost foundered in 
mid-Atlantic. 

Following the London Naval Treaty of 1931 the old battleship 
Wyoming, after twenty years as the pride of the U. S. Navy, was 
shorn of most of her armament and converted into a training ship. 
Shortly after conversion she had the worst encounter of her 
career — a hurricane! Eugene Metzel, Chief Gunner's Mate, USN, 
who served aboard the Wyoming for 24 years, said, "It was im- 
possible for us to avoid the storm. We headed into the 80-mile- 
an-hour wind. We listed 36 degrees at times and that's a lot, 
even for a big ship. Birds actually dropped on our decks, com- 
pletely exhausted from bucking that wind." But the old ship rode 
out the hurricane of 1932 without any damage. 

After the New England hurricane of 1938 the Wyoming set a 
precedent in the Navy by carrying storm-delayed mail and mil- 
lions of dollars to beleaguered New Englanders cut off from regular 
communication channels. She took aboard 14,000 sacks of mail 
as well as 200 post office clerks who labored for five hours to 
unload it into a fleet of thirty mail trucks. This was the first time 
a battleship had been used by the U. S. Post Office in mail 
deliver^'. 

Shortly after the Japanese attack on Pearl Harbor in December, 
1941, the Wyoming took up training duties in the protected waters 
of Chesapeake Bay as an anti-aircraft gunnery school. Although 
she became known as "Chesapeake Raider" and the "BEF" 
(Back every Friday), the officers and men who manned her had 
great pride in her record. Hundreds of flaming Messerschmitts 
and Kamikazes in the far Pacific were proof of the success of the 
training program aboard her decks. The Navy's newest equipment 
was used and tested here before it was sent to front line duty. 
From the decks of the old Wyoming, gun crews of many of the 
Navy's most famous and gallant vessels fired their first rounds in 
practice. Although she didn't fire a shot against the enemy, 
350,000 rounds were used in training on her decks. The Wyoming 
was the hardest working naval vessel in World War II, firing more 
shots in a month than most vessels fired in the entire war. 

When she dropped anchor at the Naval Base in Norfolk, Vir- 
ginia in June, 1947, after 35 years of active service in the U. S. 
Navy, the USS Wyoming was writing the final page in her record — 
the kind of service that does not make headlines or history books, 
but the plodding, unromantic, useful kind that forms the founda- 
tions upon which headlines and history books are built. She was 
sold for scrap in December, 1947. 

The Wyoming outlived many ships that were young when she 
was already old and watched them go, one by one, to the scrap 



THE TALE OE A SLOOP 



233 



heap or to the mothballs of the Reserve Fleet. She held the oldest 
active commission, by many years, of any ship in the United 
States Navy. Though her guns will never thunder again, the 
Wyoming will live forever in the memory and archives of the Navy 
as a Grand Old Ship. 

A gleaming memorial to her remains in her solid silver service, 
returned to Wyoming at the request of Governor Lester C. Hunt.- 
It is entrusted to the University of Wyoming, under the provisions 
of the Congressional bill, where it is kept on display, or in a vault 
in Old Main. It is used for special events, such as the commence- 
ment reception for graduates. Occasionally the Governor asks 
for it to be brought to Cheyenne for state o::casions. 

A huge punch bowl is the main piece, designed to represent the 
growth and progress of Wyoming. Sacajawea, the Shoshone 
Indian woman guide for explorers Lewis and Clark, stands sculp- 
tured on one side. Opposite her is a pioneer woman of the Equal- 
ity State. An engraving on a third side depicts the development of 
Wyoming from the time of the Indian tipi to the industrial mining 




Silver From the L .S.S. \\ \oiiiiiig 

Courtesy of Mae Urbanek 



2. When the battleship was retired. Rep. Frank A. Barrett introduced a 
bill in Congress requesting that the silver set, the ship's name plate and the 
ship's bell be delivered to the governor of the state. — Ed. 



234 ANNALS OF WYOMING 

of coal and oil. Pictures of agriculture and manufacturing dec- 
orate the other side of this bowl that is more than three feet high. 

A platter measuring two by three feet is enhanced by an 
engraving of the state capitol building. There are two candelabra, 
a tea pot, coffee urn and a water pitcher beside various dishes, 
goblets and cups numbering more than fifty pieces, and valued at 
more than $10,000. The name "Wyoming" is patterned through 
the length of the large platters. Each large piece bears the state 
seal. Blue gentian decorates the edges, since the silver was de- 
signed before Indian paintbrush was designated as the state flower. 

Since all notables who inspected or visited the fleet were enter- 
tained in the Admiral's cabin during the many years that the 
USS Wyoming served as flagship of the Atlantic Fleet, many fa- 
mous lips have touched these silver cups, including those of Queen 
Wilhelmina of Holland. 



^00 k Ucviews 



The Last Davs of the Sioux Nation. By Robert M. Utley. (New 
Haven and London: Yale University Press. 1963. Illus., 
maps, index, 313 pp. $7.50) 

The Ghost Dance Uprising, which culminated in the Battle of 
Wounded Knee, was an important landmark in the history of 
Indian-White relations. It marked the end of all formidable 
Indian opposition on the Northern Plains. 

Of all the tribes in the region, the Sioux, during the last half of 
the 19th century, offered the most effective resistance to the in- 
roads of the white man. Beginning with the so-called "Grattan 
Massacre" of 1 854, the opposition of the Sioux continued to be 
stubborn for over three and a half decades. 

The Sioux Uprising in the Dakotas in the 1890's is attributed 
to a multiplicity of factors. Jn accordance with the Fort Laramie 
Treaty of 1868, which was agreed upon by the Government as the 
result of Red Cloud's continued attacks on the Bozeman Trail, a 
giant reservation, largely in Western Dakota, was guaranteed the 
Sioux, The violation of this treaty weakened the confidence of 
the Indians in the white man's word. In the decade and a half 
following the Battle of the Little Bighorn in 1 876, the condition of 
the Sioux rapidly deteriorated. The Indians saw their giant reser- 
vation repeatedly reduced in size. As the large herds of bison on 
which they depended for food were destroyed by white hunters, 
they became more and more dependent on the Government for 
their livelihood. They were forced by misunderstanding Indian 
agents to adopt a way of life which was foreign to them; the power 
of their chiefs was undermined, and their children were forced to 
live in schools where they were taught to live like the white man. 
In desperation, many accepted the Ghost Dance Religion which 
promised to restore to them the purported happy conditions before 
the Whites made their appearance on the American Continent. 
Although its more pacifistic tenets were accepted among other 
tribes, the new religion, when adopted by the resentful Sioux, 
assumed very militant aspects. 

In this volume, Mr. Utley attempts to supplement the ethno- 
logical approach to James Mooney in The Ghost-Dance Religion 
and the Sioux Outbreak of 1890 (Washington, 1896). He care- 
fully weighs and evaluates all the published and unprinted accounts 
and evidence, much of which is conflicting, relating to the Sioux 
Uprising, particularly the killing of Sitting Bull and the Battle of 
Wounded Knee. As a result, his treatment of the subject is well- 
balanced and scholarly. For the student of the history of the 



236 ANNALS OF WYOMING 

Sioux, it complements George Hyde's A Sioux Chronicle (Norman, 
1956 ) very well. 

The format of the volume is pleasing. In addition, the book 
has an excellent bibliography, adequate maps and very good 
illustrations. 

National Park Service Ray H. Mattison 



Great Stagecoach Robbers of the West. By Eugene B. Block. 
(Doubleday & Co., Inc. Index, IIlus. 262 pp. $4.50) 

This book was written by the author of Great Train Robberies 
of the West. Actually it seems the order of the two books might 
have been reversed since the stage coach robbers gave way to the 
train robbers with the advent of the railroad around 1900. 

The era of the stage coach robbers began with the discovery of 
gold in 1 848 and continued about 50 years. The locale for this 
book is contained almost entirely in California. 

The stage coach robbers were a bold lot, courageous, ruthless 
and for the most part, cold blooded. A few were sons of wealthy, 
cultured families, but most of them were desperate men who turned 
to robbery usually after their method of earning a living had failed. 
Some, however, were scoundrels in search of easy money. 

The book describes in detail the activities of many of these 
bandits, but perhaps the most outstanding was Black Bart, who 
was British born. He robbed eighteen stages (yield $18,000) in 
eight years. With an unusual sense of humor he twice left verse 
at the scene of the robbery, signing himself P08. He neither 
smoked, drank nor used profanity, he tipped his hat to women in 
the coaches and never took their valuables. 

Joaquin Murietta and Tiburcio Vasquez were the most reckless 
of all the Mexican outlaws. Both were leaders of desperate bands 
and both blamed their defiance of the law on the bitter prejudice 
against Mexicans in their time. 

Unless the robbers killed recklessly they were usually given fair 
trials and sentenced to serve a term in prison. While some of the 
people would clamour for stiffer punishments, there were those 
who admired the daring of the highwaymen and openly voiced 
sympathy for them. 

Among the brave drivers of the coaches perhaps the most 
famous was Hank Monk. He was typical of the drivers of his day, 
skillful and responsible. Their duty was to protect life and prop- 
erty and they took their work with a dedicated spirit. It was the 
unwritten law of the bandits never to rob a driver of his personal 
belongings. 

As the increase in gold dust shipments resulted in mounting 
holdups, shotgun messengers were hired to sit beside the driver 



BOOK REVIEWS 237 

and a new era of gun fights prevailed. Bret Harte was a shotgun 
messenger, and as such obtained much of the color reflected in his 
writings. 

The search for these bandits was relentless and James Hume was 
recognized as the ablest investigator of his time. He headed the 
Wells Fargo force of investigators for thirty years and there is 
scarcely a report of any major holdup in which his name does not 
appear. 

Great Stagecoach Robbers of the West provides easy and inter- 
esting reading of an exciting era. 

Cheyenne Mrs. Jack R. Gage 



Scotsman in Bucksklri. By Mae Reed Porter and Odessa Daven- 
port. (New York, Hastings House, 1963. Illus., index, 
306 pp. S5.95.) 

Sir William Drummond Stewart, second son of one of the oldest 
and wealthiest noble families of Scotland, might seem to have been 
a most unlikely "Scotsman in Buckskin" to become one of the 
leading figures in the American fur trade. Nonetheless, Stewart 
was one of the most colorful characters of that era, and he made 
singular contributions to the knowledge of the Rocky Mountain 
West during his own time, and to history as well. 

Invaluable records from each of Stewart's trips were made pos- 
sible through the outstanding writer, the artist, and the scientists 
who accompanied him as his guests. 

Among them were Alfred Jacob Miller, whose sketches and 
paintings made in 1837 were some of the earliest pictorial records 
of Fort Laramie, the colorful Green River Rendezvous and the 
spectacular Rocky Mountain scenery. 

Matthew Field, assistant editor of the New Orleans Picayune, 
was with Stewart in 1843. He kept a detailed diary, and wrote 
feature stories for his paper. 

Sir William's character was a complex one. In his travels 
through the West he was the equal of the most seasoned mountain 
men in practicing the skills required for survival, and in enduring 
dangers and hardships. However, he brought to his expeditions 
luxuries from his British life that were utterly foreign to the 
wilderness. 

The equipment and supplies for the 1843 trip were almost 
unbelievable. Not only did Stewart furnish his invited guests with 
blooded horses and fine firearms, but also with tinned meats, pre- 
served fruits and rare wines and cheeses. Stewart's own tent was 
crimson, fourteen feet square, and its appointments included a 
Persian rug, Irish linen sheets, a sable coverlid and a large brass 
incense burner. 



238 ANNALS OF WYOMING 

Jn like manner, Sir William transplanted to Scotland whatever 
he could ot the American West he so loved. When he returned 
to his home for the last time he ordered buffalo, white cranes, trees 
and plants shipped to his estate. 

The characters who move through the book are a veritable 
"Who's Who" of the era. Friends and companions of Stewart, 
they include Jim Bridger, the Whitmans and Spaldings, Tom Fitz- 
patrick, Robert Campbell, William and Solomon Sublette, John 
Charles Fremont, Joe Meek and Father DeSmet, among many 
others. 

The authors of the book are gifted with the ability to write 
accurate history that is as fascinating as a novel, and they write 
with a subtle and delightful sense of humor. 

Chevenne Katherine Halverson 



Directory: Historical Societies and Agencies in the United States 
and Canada, 1963. (Madison, Wisconsin, American Asso- 
ciation for State and Local History, 1963. Illus., index, 
124 pp. $2.00) 

Both scholars and travelers will find the 1963 edition of the 
Directory: Historical Societies and Agencies in the United States 
and Canada a useful tool. The book contains the addresses, mem- 
bership figures, founding dates, staff numbers, pubUcations, and 
the library and museum hours of privately and publicly supported 
historical societies, associations, commissions, departments, and 
archives. 

Published biennially, the new directory shows that interest in 
history is reaching a new high. The reader will find nearly two 
thousand entries, an increase of two hundred over the last edition. 
The book lists twenty-two historical organizations in Wyoming, 
including the county societies. 

The authors of the 1963 edition made a number of changes in 
the format of the directory. One major change is that organiza- 
tions are listed by town within the state, a change especially wel- 
come to the traveler using the directory as a guide. 

No attempt has been made to suggest the quality or quantity of 
each agency's research holdings or educational facilities, and the 
larger institutions are better described in other pubUcations. The 
real value of the book lies in the fact that it provides the researcher 
with the addresses of those small, out-of-the-way societies whose 
collections consist of the raw materials of history — the family let- 
ters, the recorded interviews of early settlers, the clippings from 
newspapers long extinct — from which broad generalizations can 
be drawn and comprehensive works written. 

Fort Laramie National Historic Site John D. McDermott 



BOOK REVIEWS 239 

Legends and Tales of the Old West. Edited by S. Omar Barker. 
(Doubleday and Co., Inc., Garden City, New York, 1962 

$4.^0. ) 

With their tenth book, the members of the Western Writers of 
America present sixty heretofore untold tales, wild stories, and 
legends, relative to the past glories of the Old West. Ably 
edited by Mr. Barker, the incidents and episodes are grouped under 
varied headings dealing with the early Spaniards, mines and miners, 
Indian tales, ghost legends, stories of famous characters, gamblers 
and outlaws, and lawmen and gunmen. 

No attempt has been made to verify the stories for fact or fic- 
tion, or to distingish between the two, but rather, they are offered 
as entertaining bits of old-west lore for the reader to enjoy and 
contemplate as he desires. Rugged individualism, direct and lusty 
characters moving rapidly with their motivations, without regard 
or worry as to where the chips may fall, are plentiful in this book. 
Humorous accounts, stories of privation, courage, pain, and re- 
wards, some only a page or two . . . others longer, satisfy the 
modern readers' hunger for the old days of free action and the 
uninhibited customs of a raw, new land. Noise, dust, heat, action, 
and gunfire are spread over the pages in sufficient quantities to 
please the present day regimented reader, and give him some 
pleasant relief from a regulated world. 

Perhaps the most rewarding feature of the book is that all sixty 
of the episodes appearing in Legends and Tales of the Old West 
are printed for the very first time, making it an important item on 
any western bookshelf. The editor and contributing members of 
the Western Writers of America have assembled a big segment of 
western lore and atmosphere in a compact, readable volume, and 
deserve congratulations for the job. 

Represented are such authors as Mari Sandoz, A. C. Abbott, 
Homer Croy, Agnes Wright Spring, Clay Fisher, S. Omar Barker, 
and a host of others, whose experience in the western field of 
writing is well established, and whose ability to tell a story is well 
appreciated. For the reader interested in the west, who wants 
some light, action-filled, material which he can chuckle over, and 
remember or forget as he chooses, Legends and Tales of the Old 
West should rate high on his book list. 

Buffalo Bill Museum Dick Frost 



The Dalton Gang, End of an Outlaw Era. By Harold Preece. 
(Hastings House, N.Y., 1963. lUus., 320 pp. $5.95.) 

In preparing this book, Mr. Preece has clearly aimed at an 
audience a strong cut above the level of the readers of the popular 



240 ANNALS OF WYOMING 

western pulp magazines. He has produced the best work in print 
on this outlaw clan, outlining their background and their indi- 
vidual and collective careers from childhood through early exploits 
to the climax of Coffeyville and the dying days of the gang, and 
closes with a chapter on the later days of the reformed Emmett 
Dalton. Fans of southern plains outlawry will find much of 
interest in the book. 

More serious students of the American West, however, will find 
fully as much to criticize. Preece's subtitle, End of an Outlaw Era 
hardly rings true once the book has been read. All of his sub- 
stantial evidence seems to indicate that the Dalton boys had little 
in common with the two generations of gunmen on the fringes of 
the law who battled to win or to defend empires. Rather the 
Daltons appear as little but precursors of the garden variety hood- 
lum that achieved notoriety during the "Roaring Twenties", and 
is perhaps not yet extinct as a type. The book is rather heavily 
footnoted for one of this class, but most of the notes serve only 
to introduce further undocumented material, rather than to pin 
down sources of facts which might give rise to controversy. 

In short, those who purchase this book for its entertainment 
value will be more satisfied with their investment than will those 
who hope to achieve a better understanding of law enforcement 
problems in Territorial Oklahoma and surrounding states. 

Fort Laramie National Historic Site Robert A. Murray 



The Central Pacific and the Southern Pacific Railroads. By Lucius 
Beebe (Berkeley, Calif., Howell-North, 1963. Illus., in- 
dex, 631 pp. $15.00) 

This profusely illustrated book (900 illustrations with seven in 
full color) will be welcomed by the railroad buff. 

Once again Mr. Beebe has given us a pictorial history of a 
railroad. This time it is of the Southern Pacific, which serves the 
West Coast and the southwest from Los Angeles to New Orleans, 
and of the Central Pacific which started this vast railroad system. 

The book is divided into six chapters covering the early struggle 
to cross the Sierras, the crossing of Nevada to Promontory, Utah, 
and the meeting of rails, the reluctance to build into Los Angeles 
as the railroad extended south and east, San Francisco as a rail 
center, the Texas era, and the extension to Oregon. 

Within each section pictures with excellent captions are ar- 
ranged to tell the story, but not necessarily chronologically. The 
author has drawn upon many historical depositories as well as upon 
private collections for his pictures. Rare, early views including 
contemporary drawings are shown here as well as modern scenes. 
Mr. Beebe includes 121 photographs by Richard Steinheimer, 



BOOK REVIEWS 241 

taken during the past twenty years of the disappearing steam era, 
and he gives him a credit line on the title page. 

Also included in the volume are excellent maps, time schedules 
of some of the crack "name" trains, and an index. 

Cheyenne Lola M. Homsher 



The Salmon King of Oregon: R. D. Hume and the Pacific Fish- 
eries. By Gordon B. Dodds. (Chapel Hill, The University 
of North Carolina Press, 1959. lUus. index. 257 pp. 
$6.00.) 

The stories of the so-called "Robber Barons" of the 1 9th century 
have been told and retold, but the activities of the smaller, local 
capitalists have been neglected by historians. An effort has been 
made to fill this gap by Gordon Dodds' study of an unknown 
capitalist, R. D. Hume, who, in his limited sphere was as powerful 
as Rockefeller. Hume was able to build up and reign supreme 
over a salmon fishing and canning empire on the Rogue River in 
Oregon beginning in 1876 and ending with his death in 1908. As 
with Rockefeller's control of every aspect of the oil industry, Hume 
was able to monopolize every phase of the salmon canning industry 
on his little private river and even owned the town in which his 
employees lived. 

Hume's business activities illuminate not only the development 
of the salmon industry on the Pacific Coast but also the extent to 
which the conservative philosophy of laissez-faire dominated the 
thinking of business men, both great and small. While Hume 
probably never read Herbert Spencer's books, he would have 
agreed with Spencer that government should leave business alone. 
Yet Hume, like other capitalists of his time, expected government 
aid in various forms while denying the government's right to 
regulate his business. 

Hume used every available means to maintain his monopoly of 
the Rogue River. With methods reminding one of Wyoming's 
pioneer cattlemen who controlled large areas of land by controlling 
the streams, Hume bought up land along the Rogue River so that 
he would be able to claim the exclusive right to fish the river. As 
other companies attempted to break his monopoly by fishing the 
river, Hume lobbied at the state legislature and in Washington and 
even entered local politics in an attempt to get a legal basis for his 
claims to exclusive use of the river. He also sponsored two news- 
papers to defend his policies. However, Hume's success, as that 
of Rockefeller's, was due mostly to his experimentation and use 
of superior equipment and methods. He pioneered in the artificial 
propagation of salmon by building his own hatcheries and invented 



242 ANNALS OF WYOMING 

an improved can making machine. But because of the size of his 
holdings and his complete domination of the area, Hume person- 
ally was never popular and his methods were bitterly resented. 

'['he .American Association for State and Local History has 
sponsored the publication of this book, in its program of improving 
the study of local history. The Association is to be commended 
on its choice, for Dodds" book is a thorough and competent piece 
of research and is an important contribution to the growing under- 
standing of the philosophy and methods of the business men of the 
late 1 9th century. 

University of Alberta Gil Stelter 



Arizona Cavalcade. Edited by Joseph Miller. (New York, 
Hastings House, 1962. lllus., index. 306 pp. $5.95) 

This work covering the turbulent times in Arizona is the sequel 
to two other books, compiled by a very competent editor, The 
Arizona Story and Arizona, The Last Frontier. The book is an 
anthology, a collection of news items and editorials carefully culled 
from the contemporary press, over the early years of the state. 
It is broken down into six chapters or divisions, each dealing with 
some phase of the state's early history, including the establishment 
of the Mission San Xavier del Bac as well as a ringside description 
of the Hopi Snake Dance. 

The early battles of Apache Pass and Skull Valley with the 
Apaches make exciting reading, tapering off to the development 
of the cities of Prescott, Yuma and Phoenix, modern cities today. 
The closing of the honkey-tonks and gambling houses, and the 
accepted philosophy of the operators thereof, again prove that this 
type of ribald entertainment simply became out of date, and died 
naturally as progress advanced. The story is covered in the 
chapter entitled "Death of an Era." 

The sixth chapter deals with the mining days and lost treasure, 
the fabled Lost Dutchman Mine, the Lost Gunsight Mine, the 
Pegleg and others. The accounts are so interesting that it is diffi- 
cult to put the book down. It has been edited with considerable 
skill, and the reader will be impressed by the writing ability of 
the newsmen of the past. One who is an Arizona history fan will 
certainly find the work a must in his Ubrary; in fact any modern 
historical enthusiast will find the entire story facinating. 

The volumn contains fifteen illustrations, the work of that 
old hand, Ross Santee, which are outstanding. These together with 
the authenticity of the contents make the book one of eminent 
value. 

Sheridan F. H. Sinclair 



BOOK REVIEWS 243 

The Jackson's Hole Story. By Josephine Fabian. (Deseret Book 
Co., Salt Lake City, Utah, 1963. Illus., index, 189 pp. 
$2.95.) 

Mrs. Fabian's story of Jackson's Hole is really three stories inter- 
woven: the factual account of President Chester A. Arthur's trip 
to the Jackson's Hole Country and Yellowstone Park in 1883, the 
fictional love story of Sam Hill and Natuka Pinaquina beginning a 
year later and the story of the region itself, descriptions of its 
majestic mountains, clear lakes and virgin forests plus a smattering 
of the real characters who frequented it, including the Indians who 
called it home. 

President Arthur's vast fishing and hunting expedition at govern- 
ment expense aroused great interest in the uninhabited, uncivilized 
Indian country of Northwest Wyoming and kindled fires of political 
criticism. The public was avid for details which, in spite of vivid 
and wordy communiques to the press, were never disclosed. 

The pictures of the expedition, hitherto unpublished, add much 
to the value of the book as does the description of the spectacular 
Indian pow-wow in 1 890 which was presumably one of the last 
ever staged along the banks of the Snake River. 

Newcastle Elizabeth J. Thorpe 



Brides of the Open Range 1875-1887. (From original manuscripts 
published by the Wyoming Society of the Colonial Dames. 
Volume II, 1962. $1.00.) 

In 1935, The National Society of Colonial Dames of America 
sponsored a state-wide contest on "The Biography of a Pioneer" 
to obtain original records of historical events in the state with 
actual names and dates. Interesting events in the lives of five 
pioneer women, Mrs. Michael Mullen, Mrs. Theresa Jenkins, 
Mrs. R. H. Hall, Mrs. John Christian Rees and Mrs. Alice 
Rhubottom Johnson are recorded in this publication. Great 
courage was exhibited by these early pioneer women as they 
worked with their husbands to carve out homesteads in this 
sparsely populated area. 

Mrs. Michael Mullen and her husband left Philadelphia in 1875, 
right after their wedding, to come to the mining fields in Central 
City, Colorado. A smallpox scare drove them to Wyoming where 
they finally settled on a homestead on the Laramie River. Mrs. 
Mullen and her sons cared for the ranch while her husband worked 
with the Wyoming Development Company building reservoirs, 
canals and ditches. This encouraged the Union Pacific to build a 



244 ANNALS OF WYOMING 

railroad to Wheatland which brought more settlers and more 
services to the area. 

Mrs. Theresa Jenkins was educated at the University of Wis- 
consin where she met her future husband. She followed him to 
Camp Carlin, a military depot southeast of Fort Warren, to be 
married. She was active in the community affairs. This was 
shown by her interest in the Presbyterian Church, which was only 
a mission, and in building and equipping rural schools. She was 
a herald of woman suffrage and the organization of the W.C.T.U. 
in Cheyenne. 

Mrs. Hall had a two-thousand mile wedding trip in 1878 from 
New York to Lander. She came by train to Green River and by 
stage to Fort Stambaugh and later to the Eagle Ranch where her 
husband was employed. At that time. Lander had only a few 
houses and business buildings. The story tells about the inter- 
esting and sometimes frightening experiences that she had and 
how she watched Lander grow from a little hamlet with a few log 
houses to a city with several thousand people. 

Mrs. Rees met her husband in Zaneville, Ohio, when he came 
home for a visit after being in the West ten years. The dress 
she wore when she left with her new husband for the West was 
far too elaborate for the rough country that was to be her new 
home. Her experiences at a road ranch on cottonwood creek, 
one-hundred ten miles northwest of Cheyenne, were exciting and 
often frightening. They reveal the delightful sense of humor which 
carried her over the rough times. 

In her diary, Mrs. Johnson related the experiences with Indians 
and Mormons of the emigrant wagon trains going to Oregon. 

Brides of The Open Range is a collection of stories relating the 
experiences of brave pioneer women who exhibited initiative, per- 
severence, bravery, endurance and industry in establishing homes 
and building communities in the unsettled Territory of Wyoming. 
These women had a sense of humor and tolerance that enabled 
them to endure hardship. 

Cheyenne Dorris L. Sander 



Contributors 



David M. Emmons is a graduate student at the University of 
Colorado, where he received his B. A. in 1961 and his M. A. in 
1963, American frontier history is his field of study. Mr. 
Emmons is a native of Denver. 

Edmond L. Escolas, associate professor of business adminis- 
tration at the University of Wyoming, has been a resident of 
Wyoming since 1954. He is a graduate of Assumption College, 
in his home town of Worcester, Mass., and received his M. A. and 
Ph.D. degrees from Clark University, Worcester. He is a member 
of several professional societies and enjoys golf and fishing as 
hobbies. .He is married and he and his wife have three daughters 
and two sons. 

Paul C. Henderson is an authority on the Oregon Trail. He 
has mapped the entire route, and has a collection of more than 
three thousand colored slides taken along that Trail and other 
covered wagon roads. For many years his hobby has been fol- 
lowing old wagon trails west of the Missouri River, mapping them 
and photographing historic sites and landmarks. He has had 
numerous articles published on western history. Mrs. Henderson 
works closely with her husband in exploring and researching. 
Their home is in Bridgeport, Nebraska. Retired from the C. B. 
and Q. Railroad, Henderson is now associated with the Wyoming 
State Parks Commission. 

Don Grey, teacher of mathematics and physics at Sheridan 
College, has published numerous articles on archaeological and 
geological subjects in the Wyoming Archaeologist and other tech- 
nical publications. Mr. Grey was born in Moorcroft, and has 
lived in Wyoming virtually all his life. He received his education 
at Black Hills Teachers College, the University of Wyoming and 
Lehigh University. He and his wife and young son and daughter 
make their home in Sheridan. 

Mae Urbanek. See Annals of Wyoming, Vol. 27, No. 2. Oc- 
tober, 1955, p. 251. Mrs. Urbanek's most recently published 
books, in 1962, are The Second Man and Songs of the Sage. 

Burton S. Hill. See Annals of Wyoming, Vol. 34, No. 1, 
April, 1962, pp. 131-132. 

Dick J. Nelson. See Annals of Wyoming, Vol. 30, No. 1, 
April, 1958, p. 1211. 



Qeneml Judex 



Abert, Lieut. William, 35:1:11 
Absaraka, 35:2:131 
Adams' Grocery, 35:2:153 
Af^e (Evanston). 35:1:97 
Albany Coumy, 35:2:129, 130 
Albright, Horace M., Jack Ellis 

Havnes—A Tribute, 35:1:85-87; 

biog., 120 
Alkie, Fred. 35:2:131 
Almy, 35:2:178 
American Bimetallic League, 35:1: 

58 
American Cattle Trust, 35:2:163 
Anchor Lodge No. 7, A.F.&A.M., 

35:2:150 
Anderson, Lt. Charles D., 35:1:10, 

12, 15 
Andrews, N. L., 35:2:131, 132 
Angus. Sheriff W. S. ("Red"), 35: 

2:148 
Applegate Company. 35:2:201, 202, 

203, 204, 205, 206 
Applegate, Jesse, 35:2:203 
Argus, (Cheyenne), 35:1:95 
Arizona Cavalcade, ed. by Joseph 

Miller, review, 35:2:242 
Army of Utah. 35:1:6. 9 
Astor. John Jacob, 35:2:125, 126 
Astor's fort, 35:2:125 
Athearn, Robert G., Rebel of the 

Rockies: The Denver and Rio 

Grande Western Railroad, review, 

35:1:112-113; Westward The 

Briton, review, 35:1:119 
Ayers State Park, 35:2:205 



Badger, Rear Admiral Charles J., 

35:2:230 
Baker, Agnes, 35:1:90 
Baker, Lillian Hogerson, 35:2:149 
Baker, Nathan, 35:1:94 
Baker, Pvt. Ralston, 35:2:201, 207 
Banditti of the Plains, The, 35:2: 

213 
Bannon, Mrs., 35:1:12 
Baptists Creek, 35:1:5 
Barber, Amos W., 35:1:52; 35:2: 

165 
Barker, S. Omar, ed.. Legends and 

Tales of the Old West, review, 

35:2:239 



Barlow, Norman, 35:1:79 
Barrow, Merris C., 35:1:94 
Barsness, Larry, Gold Camp, re- 
view, 35:1:117-118 
Bash, Charles E., 35:2:146 
Bateman, George E., 35:2:188, 193, 

198 
Baxter, G. W., 35:1:51, 52 
Bauman, Alex, 35:2:131 
Beath, Paul R., compiler, Febold 

Feboldson, 35:2:119 
Beebe, Lucius, The Central Pacific 
and the Southern Pacific Rail- 
roads, review, 35:2:240-241 
Beckwith, A. C, 35:1:32 
Beckwith, Quinn & Co., 35:1:31, 32 
"BEF" (Back every Friday), See 

U.S.S. Wyonting 
Bennett, Harvey A., 35:2:137; pho- 
to, 138 
Best, Lt. Clermont Livingston. 35:1: 

10, 13 
Big Horn Canon, 35:1:89; County, 
35:2:130; Mts., 35:2:125; River, 
35:1:44; 35:2:130 
Big Horn Sentinel, 35:1:95 
Bill Barlow's Budget, 35:1:97 
Billington, Ray A., introduction to 
Probing the American West, re- 
view, 35:1:113, 114 
Bishop, Clark, 35:2:201 
Black's Fork, 35:2:204 
Black Rock, 35:1:89 
Blaine. Secretary of State, 35:2:165, 

170 
Blair. Judge Jacob B., 35:2:139 
Blanchard, Addison, 35:2:142 
Bland-Allison Act of 1878, 35:1:53, 

54 
Block, Eugene B., Great Stagecoach 
Robbers of the West, review, 35: 
2:236, 237 
Blume, Judge Fred H., 35:1:63 
"Blue Sky" Law, 35:2:180 
Board of Trade Journal, 35:1:98 
Boardman, John, 35:2:204 
Booth, William, 35:2:139 
Boswell, Sheriff, 35:1:90 
Bouier, Mitch, 35:2:126 
Bozeman Trail, 35:2:126, 128 
Bramel, Judge W. S., 35:1:94 
Brewster, Mrs. Willits, 35:1:25 



INDEX 



247 



Brides of the Open Range 1875- 
1887, published by Wyoming So- 
ciety of the Colonial Dames, re- 
view, 35:2:243-244 

Bridge Creek, 35:2:205, 206 

Bridger. Jim, 35:1:93 

Bridger Crossing, 35:1:89 

Brown, Arapahoe, 35:2:149 

Brown, Dee, Fort Phil Kearney -An 
American Sa^a, review, 35:1:115- 
116 

Brown, Mabel, review of A History 
of Steamhoating On The Upper 
Missouri, bv William E. Lass, 35: 
1:116-117 

Brundage. Hiram, 35:1:93 

Bryan, Lt. Francis T., 35:1:6 

Buell. Charles E.. 35:2:127, 130, 
131, 137 

Buell, Jennie Herrick, 35:2:137 

Buffalo. 35:1:37. 64; 35:2:125, 126. 
127, 128. 129. 130, 131, 132, 133, 
134, 135, 136, 137, 138, 139, 140. 
141, 142, 143, 144, 145, 146, 147, 
148, 14>, 150. 151, 152, 153, 154; 
Main Street, east side, photo, 24; 
school. 1895. photo, 153; South 
Buffalo, 1896, photo, 124 

Buffalo - Ancient Cow Town, by 
Burton S. Hill, 35:2:125-154 

Buffalo Bulletin, 35:2:145 

Buffalo Land District. 35:1:26 

Buffalo Echo. 35:1:95 

Buffalo Voice, 35:2:126 

"Bull Moose" party. See Progres- 
sive Party 

Burkett. Ken M., 35:2:131 

Burlington (Railroad). 35:2:151 

Burnham, Retta. 35:1:90 

Burritt, Charles H., 35:2:136, 137. 
151 



Camp Floyd. 35:1:83 
Camp Payne. 35:1:5 
Camp Walbach, 35:1:6, 8, 9. 10, 11, 

12, 14. 15. 16, 17, 18, 19, 20; 

photo, 4 
Camp Walbach, by Garry David 

Ryan, 35:1:5-20 
Campbell. A. C, 35:1:58; 35:2:147 
Campbell County, 35:2:130 
Canton. Frank M., 35:2:132, 146, 

147, 160 
Carbon. 35:2:178 
Carbon County, 35:2:129. 130 



Carbon County News, 35:1:98 
Carter County, 35:2:129 
Carey Act, 35:1:21, 70 
Carey, Charles David, 35:1:25 
Carey. Charles D. Jr., 35:1:25 
Carey, Elizabeth M., 35:1:25 
Carey, Dr. John F., 35:1:23 
Carey, Joseph MauU. 35:1:21, 22, 
23, 25, 26, 27, 28, 29, 30. 33, 34, 
35, 36, 37, 38, 39, 43, 45. 46, 47, 
48, 49, 50. 51. 52. 53, 54, 55, 56, 
57, 58, 59, 60, 61, 62, 63, 64 65, 
66. 67, 68, 69, 70. 71, 72. 73. 77. 
78, 79; photo. 22; 35:2:180. 184, 
185, 190, 230 
Carey. Joseph Maull H, 35:1:25 
Carey, Joseph Maull IH, 35:1:25 
Carey. Louise D. (Mrs. Bon). 35:1: 

25 
Carey. R. Davis, 35:1:23 
Carey, Robert Davis, 35:1:25 
Carey, Robert Hood, 35:1:21 
Carey, Sarah Darlington (Mrs. 

Weber). 35:1:25 
Carey. Theodore, 35:1:25 
Carlson, George H., 35:2:197 
Carr, Tommy. 35:2:150 
Carroll, John A., co-ed.. Probing the 
American West, review, 35:1: 
113-114 
Carroll. John F., 35:1:58 
Carwile. Nathanial G. ("Nat"), 35: 

2:138. 139 
Carwile's Addition to the City of 

Buffalo, 35:2:138 
Carwile's ditch, 35:2:139 
Casement. Gen'!.. 35:1:89 
Casper. 35:2:147 
Casner Weeklx Mail. 35:1:95 
Catholic Church, Buffalo, 35:2:143 
Central Pacific and the Southern 
Pacific Railroads. The. by Lucius 
Beebe, review. 35:2:240-241 
Chamberlin, Mr. & Mrs. Leon. 35: 

2:202 
Chamberlin, Leonard, 35:2:202 
Champion. Nate, 35:2:147. 148. 

149, 150 
Charbonneau, Baptiste. 35:2:205 
Charbonneau, Toussaint, 35:2:205 
Chesapeake Bay, 35:2:232 
Chesapeake Raider. See U.S.S. Wy- 
oming 
Cheyenne, 35:2:146, 174. 179, 180. 

230 
Cheyenne and Black Hills stage line, 

35:1:91 
Cheyenne Club, 35:2:161, 162 
Cheyenne Leader, 35:1:96 



248 



ANNALS OF WYOMING 



Cheyenne Pass, 35:1:5, 6. 7, 8, 9, 

10, 11. 12, 13, 14, 15, 17, 18, 19, 

20 
Cheyenne Review, 35:1:96 
Cheyenne Weekly Leader, 35:1:96 
Cheyenne Weekly Sun, 35:1:96 
Chinese Massacre, 35:1:30-34 
Choteau. E.F.X., 35:2:205 
Chugwater Creek, 35:1:25 
Clark, Clarence D., 35:1:77 
Clark. S.H.H., 35:1:31 
Clear Creek, 35:2:125, 126, 130; 

Canyon. 125, 126 
Clear Fork, 35:2:125, 126 
Clement, Francois, 35:2:205 
Coffeen, Henry A., 35:1:72 
Congressional Career of Joseph 

Manll Carey, The, by George W. 

Paulson, 33': 1:5-81 
Connor, General, 35:2:126 
Conrad, John A., 35:2:128, 131 
Conrad, John H. & Co., 35:2:128, 

129, 136 
Continental, 35:2:214, 218, 220, 

222, 223, 225, 228 
Constitutional Convention, 35:1:37, 

92; 35:2:136 
Convery, James. 35:2:137 
Cook, Lieut., 35:2:220 
Copps. Mrs. Earnest W.. 35:2:142 
Corn. Samuel T., 35:1:77 
Counties, 1910. map, 35:2:176; 

1930. map, 175 
"Cow Column." 35:2:203, 204 
"Cowboy Hall of Fame", 35:1:78 
Crazy Woman Ranch. 35:2:132 
"Crime of 1873," 35:1:53 
Cronin. Mrs. Sarah, 35:1:11 
"Chronological List of Engage- 
ments. Indian Wars U.S.A. 1790- 

1892." 35:2:207 
Crook County, 35:2:130 
Cross. George H., 35:2:182 
Cumberland, 35:2:178 
Curran Brothers, 35:2:143 
Cushman, Mr. & Mrs., 35:2:202 
CY Brand, 35:1:23 



Daily Sun, 35:1:96, 97 

Daih Times, 35:1:97 

Daih Tribune, 35:1:96 

Daley, Richard, 35:2:142 

Dalton Gang, End of an Outlaw 

Era, The, by Harold Preece, re- 
view, 35:2:240 
Davenport, Odessa and Mae Reed 

Porter, Scotsman in Buckskin, 

review. 35:2:237-238 
David, Ed, 35:1:65 
David, Louisa, 35:1:25 
Davis, H. W., 35:2:148 
Davis, Norman, 35:2:139 
Dayton, 35:2:207 
DeBiUier, Fred, 35:2:151 
Deininger, Mrs. Anita Webb, 35:2: 

214 
Deming, William C, 35:2:191 
Democratic Leader, 35 : 1 :96 
Democratic State Convention, 35: 

2:148 
Denver, 35:2:146 
Desert-land Act, 35:1:29, 70 
De Smet, 35:2:131 
De Smet Lake, 35:2:126 
Devoe, Henry, 35:2:131 
Diamondville, 35:2:178 
Dickens, Mr. and Mrs. Bud, 35:2: 

202 
Dickey, James H., 35:1:32 
Directory: Historical Societies and 

Agencies in the United States and 

Canada, 1963, review 35:2:238 
Doane. Julianne, 35:1:25 
Dodds. Gordon B., The Salmon 

King of Oregon: R. D. Hume and 

the Pacific Fisheries, review, 35: 

2:241 
Douglas, 35:2:147. 201 
Douglas Budget, 35:2:201 
Daw. J. T.. 35:2:131 
Dolfer. Corp. A., 35:2:207 
Dubois, William R., review of Gold 

Camp, by Larry Barsness, 35:1: 

117-118 
Duell, Rev. Charles E., 35:2:150 
Durbin's Crossing, 35:1:88 
Duvall, Michael, 35:1:12 



Daily Advertiser, 35:1:96 

Daily Boomerang, 35:1:97 

Daily Chronicle, 35:1:97 

Daily Independent, 35:1:97 

Daily News, 35:1:96 

Daily Rocky Mountain Star, 35:1: 

96 
Daily Sentinel, 35:1:97 



Echo, The, 35:2:137 
Edwards, Glen, 35:2:201, 202 
Eldred, Rev. F. C, 35:2:143 
Elliott, Henry S., 35:2:132, 142 
Emmons, David M., Moreton Frew- 
en and the Populist Revolt, 35:2: 
155-173; biog., 244 



INDEX 



249 



Enochs, Jim, 35:2:132 

Escolas, Edmond L., The Rise of 
Workmen's Compensation in Wy- 
oming, 35:2:174-200; biog., 244 

Evans, Lloyd R., M. D.. Fort Phil 
Kecrnv - An American Saga, 
review, 35:1:115-116 

Evanston, 35:1:31; 35:2:180 

Evers, — , 35:2:184 



Fabian, Josephine, The Jackson's 

Hole Story, review, 35:2:243 
Farrell, Tom, 35:2:132 
Farwell. Charles A., 35:2:131 
Fay, Baldy, 35:2:153 
Febold Feboldson, compiled by Paul 

R. Beath, 35:1:119 
Feiser, W. A., 35:2:137 
Fechet, Maj., 35:2:145 
Field, Matthew C, 35:2:205, 206 
Finfrock, Dr. J. H., 35:1:91 
Fifteen-mile creek, 35:1:89 
First National Bank of Buffalo, 35: 

2:128, 143 
Fischer, Antone, 35:2:144 
Fisher, E. R., 35:2:184 
Fitzhugh. N. R.. 35:1:12 
Flagg, Jack, 35:2:148 
Flintlock Pistol in the Fred Hesse 

Collection, A, by Don Grey, 35: 

2:210-212 
Ford, C. S., 35:2:147 
Foote, Byron, 35:2:144 
Foote, Robert, 35:2:136, 148 
Foote, Robert, Jr., 35:2:144 
Fort Bridger, 35:1:6, 36, 93, sketch, 

1857, 82; 32:2:204 
Fort Fetterman, 35:1:27, 36 
Fort Laramie, 35:1:5, 6, 8, 18, 20, 

36, 70; 35:2:205 
Fort McKinney, 35:1:70; 35:2:125, 

128, 137, 141, 142, 143, 145, 149. 

161, 165 
Fort Meade, S. D., 35:2:180 
Fort Phil Kearny - An American 

Saga, Dee Brown, review, 35:1: 

115-116 
Fort Riley - Bridger's Pass Road, 

35:1:6, 19 
Fort D. A. Russell, 35:1:36, 69 
Fort Sanders, 35:1:27, 36 
Fort (Fred) Steele, 35:1:36 
Fort Washakie, 35:1:70 
Fourth Legislative Assembly, 35:2: 

129 



Fourth State Legislature, 35:2:136 

France, James, 35:2:130 

Freeman, Brig. Gen. H. B., 35:1:25 

Fremont Clipper, 35:1:97 

Freeman. Miss Julia B., 35: 1 :25 

Frewen Brothers, 35:2:132 

Frewen, Clare Jerome (Mrs. More- 
ton), 35:2:160 

Frewen, Moreton, 35:2:132, 158, 
159, 160. 161, 164, 165, 167, 168, 
169, 170, 171, 172, 173. photo, 
156; photo, ranch house, 159 

Frewen, Richard, 35:2:158 

"Frewen's Castle", 35:2:158 

Frost, Dick, review of Legends and 
Tales of the Old West,\d. by S. 
Omar Barker, 35:2:239 



Gage, Mrs. Jack R., review of Great 

Stagecoach Robbers of the West, 

by Eugene B. Block, 35:2:236- 

237 
Gardiner, The Rev. Mr., 35:2:225 
Gazette (Sundance), 35:1:98 
Gibson, Thomas, 35:2:182 
Gold Camp, by Larry Barsness, re- 
view, 35:1:117-118 
Goose Creek, 35:2:131 
Gould, C. E., 35:1:82, 83, 84 
Gould, Frederic H., 35:1:83 
Graphic (Glenrock), 35:1:97 
Grancsay, Stephen V., 35:2:209 
Grand Teton National Park. 35:1: 

86 
Grave of Joel J. Hembree, 1843, 

The, by Paul Henderson. 35:2: 

201-207 
Great Continental Divide Basin. 

See Red Desert. 
Great Iron Trail, The, by Robert 

West Howard, review, 35:1:118- 

119 
Great Stagecoach Robbers of the 

West, by Eugene B. Block, review, 

35:2:236-237 
Green, Fannie. 35:2:139 
Green, Lizzie, 35:2:139 
Green River. 35: 1 :44 
Grey, Don, A Spanish Sword from 

Dayton, Wyoming, 35:2:207-210; 

A Flintlock Pistol in the Fred 

Hesse Collection, 35:2:210-212; 

biog., 245 
Grux, William S., 35:1:12 



!50 



ANNALS OF WYOMING 



Hackney. Holt and Williams, 35:2: 

132 
Hadsell, F. A., 35:2:182 
Halverson, Katherine, review of 

The Unregiiiiented General, by 

Virginia W. Johnson, 35:1:114- 

115; review of Scots/nan in Buck- 
skin, by Mae Reed Porter and 

Odessa Davenport. 35:2:237-238 
Hanna. 35:2:178 
Harding. President. 35:2:179 
Harrison. President, 35:2:165 
Hart. Juliet W.. 35:2:138. 142 
Hart. Maj. Verling. 35:2:137, 142 
Hart, Will, 35:2:130 
Hart Desert, 35:2:138 
Hathaway, William E., 35:2:128. 

131 
Hayes. President Rutherford B., 

35:2:131 
Hayford. J. H.. 35:1:89. 90. 91, 92, 

94 
Haynes. Jack Ellis, 35:1:85. 86. 87 
Haywood's Gulch, 35:2:146 
Hazen, Nettie, 35:1:90 
Hembree, Joel J., 35:2:201, 204, 

206: grave, photo, 202 
Henderson, Paul, The Grave of Joel 

J. Hembree. 1843, 35:2:201-207; 

biog., 244; Mrs., 201 
Herald (Lusk), 35:1:98 
Hesse, Fred G. S. (Sr.), 35:2:147, 

164. 210 
Hildebrand. Lyle, 35:2:201 
Hill, Burton S., Buffalo - Ancient 

Cow Town. 35:2:125-154 
Hill. William. 35:2:150 
Hilton, Mrs. G. F.. 35:1:90 
Hinrichs, Dr. William. 35:2:202, 

203 
Hines, Charles W., 35:2:128, 129 
History of Steamboating on the 

Upper Missouri, A, by William E. 

Lass, review, 35:1:116-117 
Hoaglund. Twenty Horse, 35:2:153 
Hofmann, R. J., 35:1:79 
Holland. Albert. 35:2:144 
Holland. William C, 35:2:144 
Holland. W. H.. 35:2:144 
Hollbrook, Dr. R. E., 35:2:137 
Holleman, W. E., 35:2:131 
Holliday. William H.. 35:1:77; 35: 

2:182 
Holt, George L., 35:2:137 
.Home Below Hell's Canyon, by 

Grace Jordan, 35:1:119 
Homestead Act, 1862, 35:1:29 



Homsher, Lola, review of The Cen- 
tral Pacific and the Southern Pa- 
cific Railroads, by Lucius Beebe, 
35:2:240-241 
Horn, Tom, 35:2:179 
Horse Creek, 35: 1 :5 
Howard, Robert West, The Great 

Iron Trail, review, 35:1:118-119 
Howe, Chief Justice, 35:1:90 
Hoyt, John W., 35:1:43, 48, 91 
Hunt, Billy, 35:2:137 
Hunt, Gov. Lester C, 35:2:233 
Hunt, Wilson Price, 35:2:125, 126 
Huntington sisters, 35:1:93 
Hutton, Mrs. Rowena, 35:1:90 
Hutton, Thomas B., 35:2:142 



Indians 

Chiefs - Individuals: Left Hand. 

35:1:17; Sitting Bull, 35:2:145 

Reservations: Shoshone, 35:1:37; 

White River, 35:2:180; Wind 

River, 35:1:36 

Tribes: 

Arapahoe, 35:1:117; Sioux, 
35:2:125, 126; Ute, 35:2:180 
Irrigation in Wyoming, 35:1:76 



Jack Ellis Havnes - A Tribute, by 

Horace M. Albright, 35:1:85-87 
Jackson, Sgt. Richard H., 35:1:11 
Jackson, W. E., 35:2:131 
Jackson, W. Turrentine, 35:1:6 
Jackson's Hole Story, by Josephine 

Fabian, review, 35:2:243 
James, Nat, 35:2:131, 132, 141 
Johnson County, 35:2:127, 130, 

131, 132, 136, 139; courthouse, 

35:2:127, 139; fair, 35:2:144 
Johnson County Bar Association. 

35:2:126 
Johnson County Invasion, 35:2:146 
Johnson County War, 35:1:63-66; 

35:2:144,161 
Johnson, Edward Payson, 35:2:130 
Johnson, Virginia W., The Unregi- 

mented General, review, 35:1: 

114-115 
Johnston, Clarence T., 35:1:76 
Johnston, Col. Albert B., 35:1:7 



INDEX 



251 



Jones, Orley E. (Ranger), 35:2:146 

Jordan, Grace, Home Below Hell's 
Canyon, 35:1:119 

Journal of Life on the Steamer Con- 
tinental, A, by Harriet F. Stevens, 
35:2:214 

Julesburg, 35:1:89 



Lobben, J. M., 35:1:26 

Lodgepole Creek, 35:1:5, 14. 35:2: 

125 
Logging Creei<, 35:1:89 
London Naval Treaty, 35:2:232 
Lone Star (dance hall), 35:2:127 
Lott, Dr. John H., 35:2:141 
Lothian, Jennie, 35:2:141, 142 
Lothian, Peter, 35:2:141, 142 
Lucier, Auguste, 35:2:205 
Lynn. R. H., 35:2:137 



Keen, Elizabeth, Wyoming's Fron- 
tier Newspapers, 35:1:88-101 

Keighan, Pvt. Patrick, 35:1:14, 19 

Keller, Matthew, 35:1:12, 18 

Kelly, Hi, 35:2:132 

Kemmerer, 35:2:178 

Kendrick, Gov. John B., 35:1:79; 
35:2:174, 180, 192, 197, 199 

Kensel, Lieut. George A., 35:1:11, 
12 

Knight, Miss Dorothy, 35:2:230 

Knights of Labor, 35:1:31, 32, 59; 
35:2:178 



Labertaux, F. H.. 35:2:147 
Lajuenesse, Joseph, 35:2:205 
Lancaster, Jennie, 35:1:90 
LaPrele Creek, 35:2:201, 205, 206, 

207 
Laramie, 35:2:174, 180 
Laramie County, 35:2:129, 130, 177 
Laramie River, 35:1:25 
Laramie Weekly Sentinel, 35:1:90, 

91, 92 
Larson, T. A., review of Probing the 

American West, ed., Ross K. 

Toole, 35:1:113-114 
Lass, William E., A History of 

Steamboating On the Upper Mis- 
souri, review, 35:1:116-117 
Last Days of the Sioux Nation, The, 

by Robert M. Utley, review, 35: 

2:235 
Le Fors, Joe, 35:2:150 
Legends and Tales of the Old West, 

ed., S. Omar Barker, review, 35: 

2:239 
Leland, Archie, 35:2:207 
Liberty Clay County Banner, 35:2: 

203 
Little Bitter Creek, 35:1:89 
Lobban, James B., 35:2:128, 129, 

139 



McAllister, William, 35:2:184 

McBride, Wilson, 35:2:152 

McCandish, T. V., 35:2:137 

McCray, A. J., 35:2:127 

McClellan, G. B., 35:2:182 

McDermott. John, 35:2:132 

McDermott, John D., review of 
Directory: Historical Societies & 
Agencies in the United States and 
Canada. 1963. 35:2:238 

McDougal, Commander David 
Stockton, U.S.N., 35:2:229 

McNealey, Viola A., review. The 
Great Iron Trail, by Robert West 
Howard, 35:1:118-119 

Maggie Jess, 35:2:152 

Mann, H. R. (Horace), 35:2:131, 
143 

Mann, Minnie F. (Mrs. H. R.), 35: 
2:143 

Manson, — , 35:2:184 

Martin's Hall, 35:1:89 

Mattison, Ray H., review of The 
Last Davs of the Sioux Nation, by 
Robert M. Utley, 35:2:235 

Mercer, A. S., 35:1:88, 94; 35:2: 
213 

Merritt's crossing, 35:1:89 

Messiah craze, 35:2:145 

Methodist Church (Buffalo), 35:2: 
143 

Metzel, Eugene, 35:2:232 

Military: District of the Platte, 35 
1:7; Fourth U.S. Artillery. 35:1 
5, 8, 9, 10; Second Dragoons, 35 
1:5; 9th Infantry, 35:2:125 

Military Affairs, Committee on, 
35:1:26 

Miller, Miss Ellen Ellisin, 35:1:25 

Miller, Alfred Jacob, 35:2:205 

Miller, Joseph, ed., Arizona Caval- 
cade, review, 35:2:242 

Mizner, Lt. John K., 35:1:6 

Moeller, Clara, 35:2:142 



252 



ANNALS OF WYOMING 



Moeller. G.E.A., 35:2:131, 142 
Mondell. Rep. Frank. 35:2:230 
Moonlight, Thomas. 35:2:162 
Moreton Frewen and the Populist 

Revolt, by David M. Emmons, 

35:2:155-173 
Morgan, Arthur G., 35:2:187, 188, 

196. 198 
Morgan. E.S.N. , 35:2:131 
Morgan, James, 35:2:182, 193 
Mormon War, 35:1:19 
Mortenson, A. R., co-ed.. Probing 

The American West, review, 35: 

1:113-114 
Mount Burney, 35:2:224 
Muddy Creek crossing, 35:2:146 
Mullen. W. E.. 35:2:195 
Mulloy. Dr.. 35:2:208 
Munkers, Roy. 35:2:144 
Munroe. Bvt. Col. James. 35:1:7, 8, 

10 
Murray, Robert A., review of The 

Dalton Cani>. End of an Outlaw 

Era, by Harold Preece, 35:2:240 
Myers, Miss Mabel, 35:1:25 



Naval Base, Norfolk, Va., 35:2:232 
Natural Bridge, 35:2:205 
New Orleans Picayune, 35:2:205 
Nelson. Dick J., poem. Tales Old 

Timers Tell, 35:2:212 
Newby. William Thompson, 35:2: 

204. 206 
Newcastle. 35: 1 :47 
Northern Wyoming Farmers and 

Stock Growers Association, 35:2 

163 
Northwestern Livestock Journal, 35 

1:88. 96; 35:2:213 
Notes on Wyoming History, 35:2 

201-212 
Nye, Edgar Wilson, 35:1:9 



O'Brien, Pvt. Martin, 35:1:18 
Occidental Hotel. 35:2:127, 138; 

photos, 124, 138 
O'Donnell, W. H., 35:1:32 
O'Malley, Ed, 35:2:126, 127, 139 
O'Malley, St. Clair, 35:2:126 
One of the Mercer Girls, 35:2:213- 

228 



"Overland Journey from Kansas to 
Oregon in 1843, An," 35:2:204 

Organ, C. P. and Company, 35:2: 
137 



Palmer, Capt., 35:2:126 

Paulson, George W., The Congres- 
sional Career of Joseph Maull 
Carey, 35:1:21-81; biog., 120 

Paulsen, — , 35:1:193, 198 

Pease, E. L., 35:2:130 

Pease, Sarah W., 35:1:90 

Pease County. 35:2:129, 130 

Penitentiary, U. S., Laramie, 35:1: 
26 

Penrose, Dr. Charles B., 35:2:148 

Peters, W. T., 35:2:131 

Pickering, Gen., 35:2:213 

Pinnacle Jake, as told by A. B. Sny- 
der to Nellie Snyder Yost, review, 
35:1:119 

Pioneer Lumber Co. (Buffalo), 35: 
2:142 

Pistol, Fred Hesse collection, sketch, 
35:2:211 

Platte Bridge. 35:1:19 

Platte River. 35:1:44; 35:2:126, 137 

Plunkett, Horace, 35:2:164 

Pole Creek, 35:1:89 

Pollack, Capt. Edwin, 35:2:125, 
126, 131 

Pool, Helen Buell, 35:2:137 

Porter, Mae Reed and Odessa Dav- 
enport, Scotsman in Buckskin, 
review, 35:2:237-238 

Portland Evening Telegram. 35:2: 
206 

Potts, James, 35:2:150 

Pourier, Joseph, 35:2:205 

Powder River, 35:2:125, 131, 132, 
147; Crossing, 35:2:128; South 
Powder (River), 35:1:89 

Powder River Cattle Co., 35:1:91; 
35:2:132 

Powder River Expedition, 35:2:126 

Powder River Land and Cattle Co., 
35:2:159, 161 

Prairie and Mountain Sketches, by 
Matthew C. Field, 35:2:205 

Preece, Harold, The Dalton Gang, 
End of an Outlaw Era, review, 
35:2:240 

Preemption Act, 1841, 35:1:29 

Probing the American West, intro- 
duction by Ray A. Billington, re- 
view, 35:1:113-114 

Progressive Party, 35:1:23, 77 



INDEX 



253 



Ranches: Cross H, 35:2:132, 137 
George Powell, 35:2:201; Hoe 
35:2:150; KC, 35:2:147, 148 
"76", 35:2, 132, 147; Six Mile 
35:2:126, 127, 132; TA. 35:2 
148: TTT, 35:2:147; "28", 35:2 
210 

Rawlins, 35:2:174, 180 

Ray, Nick, 35:2:147, 148, 149, 150 

Raynolds, Capt., 35:2:126 

Reading, Pierson B., 35:2:204 

Rebel of the Rockies: The Denver 
and Rio Grande Western Rail- 
road, by Robert G. Athearn, re- 
view, 35:1:112-113 

Red Buttes, 35:2:205 

Red Desert, 35:2:177 

Red Hills, 35:2:139 

Red Sashers, 35:2:150 

Reliance, 35:2:178 

Republican Fork, South Platte, 35: 
1:17 

Republican National Committee, 
35:1:23 

Reshaw bridge, 35:2:126; Settle- 
ment, 35:2:126 

Rise of Workmen's Compensation in 
Wyoming, The. by Edmond L. 
Escolas. 35:2:174-200 

Ritter, Charles, President's Message. 
See Wyoming State Historical So- 
ciety. 

Rock, Rev. George C, 35:2:141 

Rock Creek, 35:2:126, 127 

Rock Springs, 35:1:30, 31. 32, 33 
35:2:174, 178 

Rodma, Rear Admiral Hugh, 35:2 
231 

Roosevelt, President Theodore, 35 
2:230 

Rosebud, 35:1:89 

Ross. William B., 35:1:63 

Round. Charlie, 35:2:145 

Rowdv West, 35:1:97 

Russell, Majors & Waddell, 35:1: 
17, 18 

Ryan, Garry David, Camp Walbach. 
35:1:5-20, biog., 120 



Sacajawea. 35:2:205, 233 

St. Louis, Mo.. 35:2:125 

St. Louis Daily Republican, 35:2: 
202 

St. Luke's Episcopal Church (Buf- 
falo), 35:2:142, 150; Guild, 35: 
2:142 



Salmon King of Oregon: R. D. 

Hume and the Pacific Fisheries, 

by Gordon B. Dodds, review, 35: 

2:241 
Salt Creek field, 35:2:179 
Sander, Dorris L., review of Brides 

of the Open Range 1875-1887. 

published by Wyoming Society of 

the Colonial Dames, 35:2:243- 

244 
Sandquist, Rodney, 35:2:202 
Sarvin, M. L., 35:2:131 
Savage, Capt., 35:2:145 
Scotsman in Buckskin, by Mae Reed 

Porter and Odessa Davenport, re- 
view, 35:2:237-238 
Scott, Gabriel. 35:2:142 
Scott, Maj. Gen. Winfield. 35:1:7 
Shamokin. 35:2:220 
Shell Creek, 35:2:127 
Sheridan, 35:2:128, 130, 174 
Sheridan County, 35:2:177 
Sheridan Enterprise. 35:1:98 
Sheridan Post. 35:1:98 
Sherman Silver Purchase Act, 35:1: 

54; 35:2:169 
Shields, Paddy, 35:2:153 
Shonsey, Mike, 35:2:147 
Simonton, Rev. Mr., 35:2:221 
Simpson, Chaplain G. W., 35:2:142 
Sinclair, F. H., review of Arizona 

Cavalcade, ed., Joseph Miller, 35: 

2:242 
Six'Mife Lane. 35:2:132 
Skelton, Rev. W. J., 35:2:142 
Slack, E. A., 35:1:94 
Smearer, Jake, 35:2:139 
Smith, Rev. J. E.. 35:2:142 
Smith. O. C. 35:1:32 
Smock, Mrs. Ephram. 35:2:142 
Snake River, 35:1:44 
Smith, Alfred L., 35:2:131 
Smith, Alfred M., 35:2:143 
Smith, Dr. Carlyle, 35:2:211 
Smith, John R.. 35:2:131 
Smith, Robert C. 35:2:131 
Smith, Terrence, 35:2:148 
Snider, E. U., 35:2:128, 131; Mrs., 

35:2:142 
Snyder, A. B., Pinnacle Jake. 35:1: 

119 
Soldiering on the Frontier, 35:1:83 
South Pass, 35:1:6, 7 
South Pass City, 35:1:98 
Spalding, Bishop John F., 35:2:142 
Spanish Sword Blade From Dayton. 

Wvomim;. A. by Don Grey, 35:2: 

207-2 1 
Spanish sword blade, sketch, 35:2: 

208 



!54 



ANNALS OF WYOMING 



Spanish sword hilts, sketch, 35:2: 

208 
Sparrow, Rev. J. E., 35:2:142 
Spooner, Lizzie A., 35:1:90 
Spring Valley, 35:2:178 
Squaw Butte, 35:2:205; Creek, 35: 

2:205, 206 
Stansbury, Capt. Howard, 35:1:5 
Starr, Ed, 35:2:150 
Stebbins, William R., 35:2:128 
Stebbins & Conrad, 35:2:128 
Stelter, Gil, review of The Salmon 

King of Oregon: R. D. Hume and 

the Pacific Fisheries, by Gordon 

B. Dodds, 35:2:241-242 
Stevens, Miss Harriet F., 35:2:214 
Stewart, Eliza, 35:1:90 
Stewart, Sir William Drummond. 

35:2:205 
Stock Growers' Association, 35:2: 

179 
Stock Growers National Bank, 35: 

1:26 
Stone, Maj., 35:2:142 
Straits of Shimonoseki, 35:2:229 
Stumbo, R. v., 35:2:137 
Sublette, Solomon, 35:2:205 
Sublette, William L., 35:2:205 
Sublette County, 35:2:180 
Sundance Gazette, 35:1:47 
Superior, 35:2:178 
Sweetwater County, 35:2:129 
Sweetwater Gazette, 35:1:97 
Sweetwater Mines, 35:1:98 
Swift, Ass't. Surg. Ebenezer, 35:1: 

11, 16, 17 
Sybille Creek, 35:1:25 



Table Mountain, 35:2:205 

Tale of a Sloop, a Monitor and a 

Dreadnought, The, by Mae Ur- 

banek, 35:2:229-234 
Tales Old Timers Tell, poem, by 

Dick J. Nelson, 35:2:212 
Tank Hill, 35:2:139 
Taylor, Alonzo, 35:2:44, 148 
Teapot Dome, 35:2:179 
Teller, Senator, 35:1:37 
Terrill, Mrs. 35:2:142 
Territorial Legislative Assembly, 

35:2:136 
Territorial Legislature, 35:2:137 
Territorial Supreme Court, 35:1:23 
Teschemacher, Hubert E., 35:2:151 



Teton County, 35:2:180 

Thompson, John Charles, 35:1:58 

Thorpe, Elizabeth J., review of The 
Jackson's Hole Story, by Jose- 
phine Fabian, 35:2:243 

Timber-cuhure Act, 1873, 35:1:29 

Tisdale, John A., 35:2:146 

Tisdale, Sheriff Mort, 35:2:150 

Tisdale Gulch, 35:2:146 

Tongue River, 35:1:89 

Toole, K. Ross, co-ed.. Probing the 
American West, review, 35:1: 
113-114 

Trabing, August, 35:2:128, 131 

Tu Shu Wakpala. See Clear Creek 

Tutt, John, 35:1:12 



Ubbelohde, Carl, review of Rebel of 
the Rockies: The Denver and Rio 
Grande Western Railroad, by 
Robert G. Athearn, 35:1:112-113 
Uinta County, 35:2:129, 177 
Uinta County Arqus, 35:1:97 
Uinta County Herald, 35:1:97 
Union Congregational Church (Buf- 
falo), 35:2:141 
Union Pacific Coal Co., 35:1:31 
Union Pacific Railroad, 35:1:93; 

35:2:127, 178, 200 
United Mine Workers of America, 

35:2:181 
University of Wyoming, 35:2:233 
Unregimented General, The, by Vir- 
ginia W. Johnson, review, 35:1: 
114-115 
Urbanek, Mae, The Tale of a Sloop, 
a Monitor and a Dreadnought, 
35:2:229-234 
Unthank grave, 35:2:204 
USS Wyoming, silver from, photo, 

35:2:233 
Utley, Robert M., ed.. Probing the 
American West, review, 35:1: 
113-114; The Last Days of the 
Sioux Nation, review, 35:2:235 



Van Dyke, John C, 35:2:127 
Van Horn, Col. J. J., 35:2:149 
Vasquez, Louis, 35:2:204, 205 



INDEX 



255 



Waitman. John, 35:2:202 
Walbach. Brig. Gen. John DeB., 35: 

1:6 
Walker. — . 35:2:205 
Warren, Gov. Francis E., 35:1:37, 

51, 79; 35:2:163 
Washakie County, 35:2:130, 175 
Washbaugh. George, 35:2:129 
Wasluiii^ton Standard, 35:2:214 
Watkins, Harriet, 35:2:141, 142 
Watkins, Dr. John A., 35:2:141, 

149 
Watkins, Mary, 35:2:141, 142, 143, 

144 
Webb, George, 35:2:207 
Webster and Platte, 35:2:137 
Weekly Boomerang, 35:1:98 
Weekly Rockx Mountain Star, 35. 

1:96 
Weeklv Sentinel. 35:1:98 
Wellman, George A., 35:2:150 
Western Union Beef Co., 35:2:147 
Weston County, 35:2:130 
Westward the Briton, by Robert G. 

Athearn, review, 35:1:119 
Wheatland (1897), photo, 35:1:24 
Whiskey Tim, 35:2:141 
Whittington, Minnie, 35:2:142 
Whitman, Dr. Marcus, 35:2:203 
Wilhelmina, Queen of Holland, 35: 

2:234 
Wilkerson, Perce, 35:2:153 
Wilkins, Hubert, 35:2:232 
Willow Grove. 35:2:150 
Williams, Bvt. Maj. Thomas, 35:1: 

5, 6, 8, 12, 13, 15, 18, 19 
Wilson. President, 35:2:231 
Wind River, Big, 35:1:37: Valley, 

35:1:36 
Wind River Mountaineer. 35:1:97 
Winners of the West, The, maga- 
zine, 35:2:207 
Winsor, Capt., 35:2:224 
Winton, 35:2:178 
Wolcott, Maj., 35:2:147 
Wolf, J. T., 35:2:13 
Wolf, — . 35:2:143 
Woodard, Martin, 35:2:143 
Wounded Knee, battle, 35:2:145 



Workmen's Compensation Law, 35: 

2:180 
Wright, Jim, 35:2:152 
Wyoming Daily Morning News, 

35:1:96 
Wyoming Development Company, 

35:1:25 
Wyoming Farmer. 35:1:98 
Wyoming Federation of Labor, 35 

2:186, 187 
Wheatland Industrial Company, 35 

1:25 
Wyoming Land and Cattle Co., 35 

2:132 
Wyoming Meat Co., 35:1:88 
Wyoming's Frontier Newspapers, by 

"Elizabeth Keen, 35:1:88-101 
Wyoming Society of the Colonial 

Dames, publishers of Brides of 

the Open Range, review, 35:2: 

243-244 
Wyoming State Historical Society, 

President's Message, 33:1:103- 

104; Ninth Annual Meeting, 33: 

1:103-111 
Wyoming Stock Growers' Associa- 
tion, 35:2:132, 160, 161, 163 
Wyoming Territory, 35:2:125, 130, 

131 
Wyoming Tribune, 35:1:97 
Wyoming Weekly Leader, 35:1:97 



Yellowstone National Park, 35:1: 

68, 85, 86, 90 
Yost, Nellie Snyder, Pinnacle Jake, 

35:1:119 
Young, George, Jr., 35:2:184, 198 



Zindel, Bill, 35:2:152; Saloon, 152 
Zwichy. Ralph, 35:1:31 



^^ 



WYOMING STATE ARCHIVES AND HISTORICAL 
DEPARTMENT 



The Wyoming State Archives and Historical Department has as its func- 
tion the collection and preservation of the record of the people of Wyo- 
ming. It maintains a historical library, a museum and the state archives. 

The aid of the citizens of Wyoming is solicited in the carrying out of its 
function. The Department is anxious to secure and preserve records and 
materials now in private hands where they cannot be long preserved. Such 
records and materials include: 

Biographical materials of pioneers: diaries, letters, account books, auto- 
biographical accounts. 

Business records of industries of the State: livestock, mining, agricul- 
ture, railroads, manufacturers, merchants, small business establishments, 
and of professional men as bankers, lawyers, physicians, dentists, ministers, 
and educators. 

Private records of individual citizens, such as correspondence, manuscript 
materials and scrapbooks. 

Records of organizations active in the religious, educational, social, 
economic and political life of the State, including their publications such 
as yearbooks and reports. 

Manuscript and printed articles on towns, counties, and any significant 
topic dealing with the history of the State. 

Early newspapers, maps, pictures, pamphlets, and books on western 
subjects. 

Current publications by individuals or organizations throughout the 
State. 

Museum materials with historical significance: early equipment, Indian 
artifacts, relics dealing with the activities of persons in Wyoming and with 
special events in the State's history.