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Montana State Library
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MONTy^A STATE UlSlIV&fJSlTY
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UNlVERSiir of MONTANA
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Governor Robert B. Smith
1897=1901
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S T A T E^y i^TVS^ aw^/pl * T^Sy ffWJ TPn D E R S
HELENA, MONTANA
MAY 1 1969
; LIBRARY
UNIVERSITY of M-ONTANA
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MESSAGE
TO THE FIFTH LEGISLATIVE ASSEHBLY OF
THE STATE OF MONTANA.
State of Montana,
Executive Department,
Helena, January 4, 1897.
Gentlemen of the Fifth Legislative Assemblv of the State of
Montana:
In complying with the constitutional mandate I must first
speak of the expectation in the public mind (and which I be-
lieve to be well founded) that the work of this Assembly will
be marked by such wise, prudent and just legislation that the
public interests will be faithfully conserved and private rights
be vigorously defended and maintained in a spirit of equal and
exact justice to all.
At the time this intrej^id young commonwealth was admit-
ted into the sisterhood of states, her limbs were not shackled
^^'ith the bondage of debt. The conditions then existing in our
common country gave hope of a brilliant career. Supplied, as
A^e are, with all the resources of nature that go to make a ricli
and prosperous people, this hope was not without foundation
for its existence; under these circumstances public opinion sup-
ported the demand for the dignity of statehood and the re-
sponsibility was readily assumed by our people with all the
buidens such position imposes. But conditions throughout
the civilized world have changed so rapidly during the last
few years that much of our natural resources have been dis-
rounted, and so great has been the shrinkage in value of all
kinds of property that our people find the burdens of debt and
taxation much more onerous than formerlv, and while tliey
i^ONTANA STATE LlBf?Artji
930 East Lynciale Avenue
Helena. Montana 59601
iiud the v^alue of their property greatly diminished and their
incomes (:iirtailed, they have seen the cost of maintaining civil
government greatly increased. Such conditions cannot be long
c(>ntinned without destroying that patriotic love of country
and public virtue Avliich makes a people great; neither can
the-ic conditions be further encouraged without bringing dire
distress and misery- to our people and bankruptcy and loss of
confidence in tlie solvency of our beloved state, whose credit
and financial standing in the commercial world must alwavs
be maintained above par.
Nothing will so much retard our growth or stay the march
of progress as an ever-increasing debt; even though the in-
crease be so small or insidious as to escape public detection or
casual o()servance. The keen eye of capital and the fore-
thought of investors will scan with unerring precision the re-
lations of public revenues and expenses.
Let us then, with a determination and will that shall chal-
lenge the admiration even of the "wise men of the east" prove
to the world that though our industries are crippled by hostile
leaislation over which we have no control, that the dauntless
spirit of Montana cannot be curbed, her credit impaired no?
her march of progress stayed by adverse conditions or circum-
stances.
By a wise, conservative, liberal course we shall silence and
put to shame those who proclaimed, either through the public
press or from the rostrum, that a change of political parties
in the state meant anarchy, repudiation of our obligations and
the inauguration of vicious and hostile legislation inimical to
the interests of capital, either local or foreign.
While we recognize at all times the rights of persons, the de-
Aolopment of character, independence and intelligence of our
citizens, and their protection to be the highest function of civil
government, we are, nevertheless, mindful of the just and
equitable claims of the rights of capital and property, and to
faithfully protect and preserve the rights of each, in their
proper sphere, should be our aim and object.
If there is, within the range of possibilities, any degree of
prosperity in store for our people under existing national con-
ditions, ief us prove, by our course, that we stand ready to in-
vite such prosperity and guarantee equal and exact justice
and legal protection to all investors, and that hasty, ill-advised
4
or radical laws, hostile to any interest or person are not within
the scope of reforms contemplated by us.
A lirm resolve and determination by each of us to meet the
conditions as they exist, and to act solely for the good of the
state, forgetting all private interests or personal friends, will
go far towards insuring ultimate success in our undertakings.
In order that you may solve aright the problems that confront
you, it becomes my duty to apprise you of the status of affairs
and make such suggestions as I deem expedient to correct any
error.< thai may exist, or inaugurate such legislation as may be
thought advisable.
Public Revenues.
Our revenues from all sources for the several funds amount-
ed, during the fiscal year 1S96, to the sum of |G67, 747.03. Of
this total sum .^436,978.12 belonged to the general fund, the re^
mainder being distributed among the several special funds
in various amounts as appears from the report of the state
tl•ea.=^urer and the several state boards. I cannot within any
reasonable limit undertake to call your attention to the spe-
cial funds in detail. The general fund being the source from
whidi the running expenses of the state are paid, and 'ui)on
A\hich most largely depends the financial status of our com-
monwealth, I have thought fit to deal with that fund alone in
my suggestions to the Assembly.
As large as our revenues appears for 189G, it was not suffi-
cient to meet the expenditures.
In order that you may be advised as to the status of this
fund, for the past six years, I submit herewith a table showing
the conditions of the general fund each year, from 1890 to 1S90
inclusive.
Abstract of the General Fund.
Balance on hand Jan. 1, 1890 $ 35,1S6 37 g 35,186 37
Receipts daring the year 1890 289,624 88
Gross amount available $324,811 25
Disbursements during the year 1890, warrants paid 143,317 71
Bal. on hand Jan. 1, 1891 $181,493 54 $181,493 54
Receipts during the year 1891 lo Dec.
1,1891 $331,301 63
Receipts during the month of December,
1891, to Dec. 1,1891 $829,039 70
Total receipts for the year 1891 $660,341 33
Gross amount available $841,834 87
Disbursements during the vear 1891 —
Warrants paid to Dec. 31, 1891 $449,438 79
Warrants paid to Dec. 31, 1891 83,498 25
Bonds purchased 20,000 00
• $552,937 04
Balance on hand Jan. 1, 1892 $288,897 83 $288,897 S3
(I am unable to make any intelligent statement of the
receipts and disbursements of this fund for the year 1892
from the data furnished me. )
Balance on hand. liin. 2, 1893 $261,787 89 $261,787 89
Receipts during the year 1893 to Dec. 1, 1S93. $121,614 21 $121,614 21
Gross amount available $383,402 10
Disbursements during the year 1893 to Dec. 1, 1893, on
warrants and interest $338,388 61
Balance on hand Dec. 1, 1893 $45,013 49 $45,013 49
Outstanding warrants Dec. 1,1893 $237,302 74
Receipis during the year 1893-4 lo Dec. 1, 1894 $408,478 61
Gross amount available $453,492 10
Disbursements during the year 1S93-4, to Dec. 1, 1S94, war-
rants and interest $435,055 04
Balance on hand Dec. 1, 1894 $ 18,437 06 $ 18,437 06
Outstanding warrants Dec. 1, 1894 $248,320 85
Receipts during the year 1894-,5, to Dec. 1, 1895 $418,693 61
Gross amount available $437,130 67
Disbursements during the year 1894-5, to Dec. 1, 1895,
warrants and interest $404,714 72
Balance on hand Dec. 1, 1895 $ 32,415 95 $ 32,415 95
Outstanding warrants Dec. 1. 1895 $363,859 66
Cash baance on hand Dec. 1, 1895 $32.415 95
Receipts for the year ending Nov. 30,1896 436,978 12
Gross amount available $469,394 07
Disbursements during the fiscal year 1896 448,154 69
Balance cash on hand Dec. 1, 1896 $ 21,239 38
Warrants outstanding Dec. 1, 1896 $352,338 56
Expenses against general fund not audited for 1896 9,000[,00
Estimated deficien^cy for 1896 17,731 00
Total indebtedness general fund $379,069 56
Less cash on hand Dec. 1,1896 21,239 38
Net indebtedness Dec. 1, 1896, general fund $357,830 18
From this statement it will be seen that while our revenue
has steadily increased during the financial stringency and de-
pression of values for the period of our statehood, our increase
of revenue has not kept pace with our expenses and at the close
of the fiscal year 1896. we find our general fund indebtedness
to be ?i3o7,S30.18. While our gross receipts for 1896 avail-
able to the general fund was |136,97S.12, the expense of the
state, x^ayable out of that fund for the same time was |463,-
364.59.
Yon will observe from the foregoing statement that a serious
problem confronts us which can be solved corectly and with-
out impairing the efficiency of the public service, if prudence
and wisdom serve this chamber.
Two things must be accomplished, the first is, to raise ad-
ditional revenues without increasing the burden of taxation
to our people, and the second is, to curtail the expenses of
maintaining our government, state, county and municipal.
Increased Revenues.
IJow shall we increase the state and county revenues with-
out imposing additional burdens on our tax-payers who are
abei'dy overloaded? I would answer the question by the fol-
lowing suggestions :
I-'irst — licquire the treasurers of the state, counties or muni-
cipalities to advertise the public funds for deposit and compel
the deposit of these funds with such banks or institutions as
will i)ay the best rate of interest on the average daily deposits,
and at the same time furnish an absolutely good and secure
bond for the safe-keeping of the funds; the bond so xurnished
for state funds should be approved by the State Board of Exam-
iner 5^ and the bonds for county funds should be approved by
the county commissioners; the mayor or city council should
approve the bonds offered for the safe keeping of city funds;
the interest thus earned on such funds should be coA^ered into
the respective treasuries; the treasurers should be relieved
from liability occasioned by the loss of public funds when thus
deposited, and bonds are approved by the proper officials. This
would remove from politics and election the pernicious iniiu-
ence of banks seeking to control public deposits.
Second — The life insurance and fire insurance companies
doing business in this state, I am reliably informed, collect
from our citizens in premiums nearly one million dollars an-
nually. The risk incurred in such business is certainly the
minimum in this state, and the money collected is practically
all taken away from our commonwealth. Tn view of these
facts I suggest that you provide such taxes of the gross receipts
less losses by fire or death, and such schedule of license taxes
as will produce a handsome revenue to the treasury.
Third — That the tax upon corporations, both foreign and do-
mestic, be amended so that evasion of the same cannot be ac-
C()mi)lished by incorporation for a small capital, and immedi-
ately thereafter an increase of the capital without payment of
the tax, and so that foreign corporations should be compelled
to pay the same fees as our domestic concerns. A minimum
license tax in all cases should be fixed by law.
Fourth — Experience has taught many of the older states the
V. isdom of imposing an inheritance tax to be graduated accord-
ing to the estate inherited and as the holders of property are
most vitallv interested in the maintenance of law and order,
and the fair credit of our state, and because that large prop-
erty interests seldom pay, proportionately the taxes paid by
the i)oorer classes, a just and fair inheritance tax cannot with
justice be opposed, for those who are fortunate enough to in-
herit estates should be willing to pay for this privilege whicli
so manv covet in vain.
ft/
r^ifth — The cost of maintaining our courts for the settle^
ment of jjrivate differences is one of the great burdens of state,
and those offices charged with the collection of fees should as
near as possible be made self-sustaining, for they who have
differences to settle should not call upon the general public
to bear all the burdens imposed by the settlement of private
accounts. Pay salaries in all instances and let the fees be
turned into the treasurv. There is but one instance in which
Ijrlvate fees or percentage to oificers should be allowed, and
that is the allowance of a small commission to county treas-
urers for the collection of license taxes.
In the matter of amendment to our revenue laws to secure
uniformity and equal taxation and to correct defects in these
laws as they now appear in the codes, I call your especial atten-
tion to the exhaustive report of the Board of Equalization,
which will be found on your desks, and ask your care-
ful consideration of the same. With most of the recom-
mendations therein made I fully concur and trust that
the present inequalities and errors may be corrected as far as
possible.
REDUCTION OF EXPENSES.
Places Where the Pruning Knife Oan Be Judi-
ciously Applied.
In the matter of economy and the reduction of expenses the
in-uning knife may be applied vigorously in many places from
the top to the bottom. I am fully aware of the fact that I may
incur the displeasure of some persons, and perhaps some classes
of persons in the recommendations I am about to make, but
being fully convinced of the justness of the measures proposed,
and knowing as I do, the terrible struggle of our people to main-
tain their families and bear the burdens of government, noth-
ing can deter me from making those suggestions to you, which
I believe will be a lasting benefit to the state and the tax-payers.
The ofiflce of State Examiner is one provided for in the con-
stitution, but the creation of the office and the emoluments for
the officials seemed to be the idea predominant in the mind
of the last Legislative Assembly, without giving to the people
value for the expenses incurred. The policy of paying a gross
sum to an official and allowing him to pay his own traveling
and other expenses out of such sum, is, in my opinion, offering
t) such official a premium not to perform the duties of his
office. There are 23 counties and nine state banks requiring
examination under the law, semi-annually.
I do not believe one man can do the work; I would threfore
suggest that vou reduce the salaries of the Examiner and hif?
accountant to such a sum as will amply pay good accountants
and public officials for the labor imposed, and in addition there-
to, the state should pay the actual traveling expenses of such
officials while in the discharge of their duties. If this is done,
several thousand dollars will be saved to the state; and if these
officials are retained, the office of county auditor should be
abolished entirely. By this course an annual saving of at
least .^10,000 to $12,000 could be accomplished. The Examiner
9
should be clothed witli full power to enforce collections from
any officer who is fonnd delinquent or short in his accounts,
and the amounts collected covered into the proper treasury.
Our state machinery has been fashioned and modeled sufii-
cieni for a state with one million inhabitants, and among the
other almost useless bureaus is that of Agriculture, Labor and
Industi'y; there is, in fact, no urgent demand for this bureau,
and while it has been presided over bj^ a most able and efficient
gentleman, there has, in fact, been no appreciable advantage
to the state or the people, and it costs to maintain it about
$8,500 annually. "The pluj is not worth the candle."
If our Agricultural College and Experiment Station be given
l>ropej' support, it will be of vastly more benefit and importance
to our Agricultural and Horticultural industries in the dis-
semination of useful knowledge than the present bureau can
pc'ssibh- be. With the immigration feature of the present law
I V holly disagree; it is setting a trap and snare for the laborers
of the world, inviting them to a state already well filled with
intelligent, industrious laboring people.
If it be thought by you advisable to continue gathering the
statistics concerning the status of labor or other industries in
0!ir state, T would suggest that you designate plainly and une-
quivocally what shall be collected, and compel the assessors
of the several counties to collect the information ; that you pre-
scribe penalties for a failure to do so, and compel the citizens
t<_. give the required information; allow the governor, if it be
found necessary, to appoint a competent person at a fair salary
to c<;mpile and publish the information to be returned to hini
by the county assessors, and make this same person the immi-
gration officer or agent of the state. By this method you will
sj'Stematize the collection of data, and it will be done without
any cost to the state except the salary of one man. This would
efl'ect a saving of from §6,500 to |7,000 per annum. In my opin-
ion the results would be more satisfactorv to the laborinc:
classes, because the information would be thus collecter] in i>
systematic and authentic manner.
As at present organized, the land department has a state
land agent, at a salar}- of f 3,000 and expenses; a register at
$3,000, and a clerk of the Board of Land Commissioners at
$1,500. The work of selecting and appraising the lands of the
stato is very far behind, and if the work could be expedited, the
10
income to the state from rents and sales would be largely in-
creased. I would therefore suggest that the salary of the land
agent be somewhat reduced and he be provided with an as-
sistant for at least a year or two, until the lands can be selected
iind appraised, for it is important that the selection and ap-
praisements be completed as soon as possible, in order that the
state may secure the best lands before they are all taken by in-
dividuals and that the state secure rent for state lands now oc-
cupied and which have not been appraised. The salary of
the register should be reduced to $1,800 or |2,000 per annum,
and he should be made ex-ofticio clerk of the Board of Land
Commissioners, with authority to make leases or sales, sub-
ject to approval by the board. This would systematize
the work, secure rapidity of selection and appraisment, in-
crease the revenues of the school and special funds, and effect
a saving of from p,500 to |2,700 in salaries in the oflflce of the
State Land Register.
Tlie office of city treasurer is in every case a perfect sinecure
and shC'Uld be abolished, and the county treasurers, who actu-
allv do the bulk of the work, should be made ex-officio city
treasurers and obliged to perform the duties of that office.
This would effect an annual saving of about |30,000 in the state
and secure better service.
Persons who seek election to office should be made to under-
stand that they are to be useful as well as ornamental, and,
as far as possible, perform individually the duties of the posi-
tion. As it is noAV, the officer in charge too often does the orna-
mental act and the state or county pays for the corps of high-
priced deputies to do all the work. The Board of Examiners
for the state and the several boards of county commissioners
F.hould be authorized in all cases to fix the limit on the salaries
of deputies, as well as the number to be employed by any offi-
cial, or better still, the law might fix the salaries and the num-
bre of deputies as far as possible. The cost of maintaining
county governments has largely increased during the last 10
years by- reason of paying exhorbitant salaries and allowing
innumerable deputies. I well remember that when I arrived
in Beaverhead County, Montana, 11 years ago, three men and
two deputies performed all of the duties of the sheriff, assessor,
probate judge, clerk of the probate court, clerk of the dis-
trict court, county clerk and recorder, treasurer and superin-
11
teiideDt of public instruction. It now requires 14 men to do
the same work, althougli the business of the court is less and
the assessed valuation no greater. In all cases where mileage
is allowed by law to any office or person, such law should be
repealed, and actual traveling expenses should be paid upon
it(Muized and verified vouchers. The purpose of allowing mile-
age is to compensate for the cost of travel, but under this guise
officials and persons too often impose upon the people the pay-
m( nt of useless and extravagant bills for the mere purpose of
collecting mileage, which is largely a matter of clear profit
to the person claiming it. The sums allowed for office and
tra\'eliug expenses are too often an inducement to officials to
be extravagant and to perform useless and expensive junketing
trips. These opportunities to squander the public funds
should be prohibited and guarded against by some strict rule
or law that would prevent such leakages.
Finally, the State Board of Examiners should be given au-
thority to direct and superintend the cost of printing for the
state. At i)resent many reports are i^rinted in full whidi
might be omitted or condensed and thus effect a large saving.
The opportunity to incur expense at public cost should in
al; things be limited as far as possible; though the item of ex-
pense, standing alone, is very insignificant, yet from the mul-
titude of such items the aggregate in the end is appalling.
T' ese small items, as a rule, escape notice or detection by the
piblic, and while they feel the burden tluw are unal)le to lo-
cate the cause therefor.
Cost of Legislation.
The assembling and deliberations of the Fourth Legislative
Assembly of the state cost the people the sum of $61,474.90.
There were more attaches and employes than there were mem-
bers of the Assembly. Let us indulge the hope that this As-
sembly may set the mark for future Legislative Assemblies,
in the way of economy in its own expenses as well as the char-
acter of legislation it may formulate.
National Guard of Montana.
It is scarcely probable tliat we have reached the haljcoji
days of "peace ou earth and good will to men" so that the mili-
tia can be dispensed with, A well-trained and disciplinetl
gnai'd, citizens of our own state, precludes the necessity at any
tinn,' of calling for federal troops or IMnkerton detectives.
Therefore, while I favor the state guard within reasonable
bounds, I am utterly opposed to maintaining it at the enormous
cost shown in recent .years. AVhile our schools and educa-
tional institutions are struggling for existence, we cannot
afford to maintain the militia at extravagant cost, or indulg(i
the vanity of gold braid and military pomp. If we mast sur-
render either our educational institutions or the state guard,
then the militia must go. But neither is necessary. The law
with reference to the militia can be so amended as to keep the
cost of maintenance within reasonable bounds. I append
hereto for your guidance a table showing the cost of the state
guard from 1890 to 1SJ)6, inclusive. The greatest portion of
the cost, you will observe b}^ reference to the proper reports,
comes from the annual encampment and the allowance of .$600
annually to each company for rent of an armory. The cost or
our state guard must be materially reduced or else it cannot
be maintained.
Table showing annual cost of national guard of Montana:
1890 $ 1,000 00
1891 20,505 00
1892 10,553 20
, 1898 7,919 6i
1894 22,840 09
1895 23,764 79
1896 18,834 61
The Bounty Law
I desire to call your especial attention to the results of the
present bounty law enacted during the closing days of the last
legislature. Since that law went into force, up to the first day
13-
of December. 1896, bounty claims have been filed for the killini;
of wolves and coj'otes amounting in the aggregate to the sum
of 1137,427, and warrants have been issued in the sum of |59,-
i75. On December 1, 1896, there Avere on file claims for bounty
for killing tlie above-named animals for whicli no warrants
were yet drawn to the amount of .'i?77,952. During the fiscal
year 1S96 there were killed in ^lontana 18,216 coyotes and the
bounty claims therefor filed aggregated 854,648. The revenues
available under the law are not sufficient to meet more than
one-half of the claims filed annuall.y for bounty. The result
is that payment is deferred so long that the bounty claims or
certificates are discounted to such a large extent that thev
are almost worthless in the hands of the holders, and while the
state pays out about ,840,000 to 845,000 yearly for bounties,
those who engage in trapping or killing these animals secure
()lll^■ a small percentage of the amount allowed by the .state for
each animal thus killed. It is my observation that coyotes
do little or no damage to the stock interests on account of their
cowardlv instincts. The creat damage to our stockmen from
wild animals is caused by the gray wolf. I would therefore
recommend that all bounty laws be repealed except the bounty
on gray wolves, and as to these the law 1>e framed so as to pre-
vent as far as possible frauds or the imposition upon public
officials of the hides or scalps of coyotes for thoseof gray wolves.
By confining the bounty to these animals alone, the revenues
will meet the demands, and the hunters and trappers Avill re-
ceive casli for their claims, and the incentive to hunt and kill
these destructive pests will be multiplied by the increased
cash value of their certificates. Coyotes will probably be
killed by the same persons who are seeking to kill the wolf, and
better results, in my opinion, will be accomplished than is to
be exjiected under the present law.
14
BUILDINGS AND INSTITUTIONS.
Recommendations of the Several Boards Should
Be Studied— The Capitol.
For an exact detailed account of our public institutions, I
must call your atetntion to the various reports of the boards
of directors and managars of the same. Their great number
and variety prevent discussion in detail except in a few in-
fe-tances.
The State Eeform School is nearing completion and is in
successful operation, and the same may be said of the Orphans'
Home. Considerable progress has been made toward the con-
htruction of the Agricultural College, the Xormal School, the
School of urines and the Deaf and Dumb Asylum. While tlic
buildings of the Agricultural College are not yet completed,
the school has been in successful operation for several years
with a full corps of instructors in all departments, and I be-
lieve the Deaf and Dumb School is also in actual operation.
Our University has been opened under the direction of Presi-
rent Craig with gratifying results, considering the fact that he
began the school without a building belonging to the state,
or any kind of equipment for a school.
I trust you will consider most carefully the recommenda-
tions of the several boards, and where appropriations are prop-
erly demanded or asked, give such, as in your judgment, are
needed, but do not make large appropriations simply because
asked for, or where it is doubtful about a fund sufficient to
meet the same, and in all instances T would require an itemized
account of tho purpose for whicli the appropriation is de-
manded. While T do not wish to be penurious with our edu-
cational institutions, tbo way to make them strong and endur-
ing and a credit to our state is to reserve our strensrth and
resources while we are yet young, whereas, if our funds are
15
exhausted and there is nothing held in reserve, and dehts or
unpaid obligations hang over our schools and educational in-
stitutions, they will succumb to the inevitable fate that falls
to all such institutions encumbered with debt, and will remain
for all time a monument to our folly. Our state having adopt-
ed the expensive and inexpedient course of segregating our
colleges, we must make the best we can, but destroy none by
over-indulgence now.
State Capitol Building.
What I have said with reference to the progress made in the
erection of our schools and other ]>ublic institutions, I am sorry
cannot, with due regard for truth, be said about our state capi-
tol building. Our last legislature seemed to be imbued with
imaginative minds. The law providing for the erection of the
state capitol contemplates a building to cost one million dol-
lars, without having provided any sufficient way to pay for the
same. It is perfectly apparent to any candid mind that we can
never dispose of warrants or bonds based upon our land grant
of sufficient sum or value to construct the building contem-
plated by our last legislature and undertaken by the Capitol
Building Commission, and it is also apparent that if we wert'
successful in finding some one who would advance the money
to build a million-dollar capitol, the land grant could never
pay for the same. It would indeed be gratifying if we couht
afford the luxury of such a magnificent state building as that
projected, but our capitol commission, after spending almost
a year in their efforts, and at considerable cost, are confronted
Avith the impossibility of securing money for the construction
of the capitol unless the state will undertake to guarantee tlu;
payment of the interest on thf^ loan. The interest, at the low-
est estimate, would annually reach the sum of |50,000. It is
not probable that our land grant of 182,000 acres would dur-
ing the next ten years yield a return of more than |25,000 per
annum. This would leave a deficit of at least that sum to be
paid each year out of our already depleted general fund, nop
is it likely our grant for the capitol building could ever ])ay
the principal, and we would either have to pay it from other
sources or else suffer tlio imputatiou of being re])udiators.
I, for one, am not wining to secure money for building our
state capitol without in good faith repaying every dollar with
the interest stipulated, neither am I ready to assist in placing
upon the shoulders of our people a tax that will destroy private
homes and cottages in order that we may build a state palace.
The power and strength of a commonwealth is not measured
by the artistic beauty of its public buildings, but hj the pros-
perity, intelligence and contentment of its people. If we
have made a mistake in the past, tlie sooner we correct it tlie
better it will be for all concerned.
If some money has been unwisely expended, let us stop be-
fore Avasting any more. We would better charge it off to
profit and loss and start with a clean balance sheet.
The grant of land for capitol building purposes is suffi-
cient to pay for a fair building, without imposing additional
obligations on the state. If we had no land grant, I dare say
our people would not be willing to undertake an extravagant
state capitol.
I therefore suggest that the legislature provide for bonding
the land grant to the extent of |300,000 at five per cent inter-
est; that you provide for a capitol building to be erected at
once costing not to exceed f 300,000; that it be so constructed
as to present the appearance of a finished and complete build-
ing, but so arranged, that if required, additional wings can be
lidded without impairing the beauty or symmetry of the struc-
ture; that a commission be authorized to carry out the design
of the legislature in such manner as to vou may seem fit and
proper.
By adopting this course, the bonds can be readily placed and
when the money is obtained our land grant will repay it all
with interest as it falls due, without laying additional taxes.
And our state will have a capitol building that in all proba-
bility will be amply sufficient for the next century, and such
a building can be furnished and equipped and ready for occu-
pancy by the state within reasonable time ; whereas, if the law
remains as it is, we can never accomplish the purpose intended.
In any new law or amendment which you may undertake,
either in regard to our capitol building, or any other enterprise
of the state requiring the pledge of our credit or resources,
T would urge the issuance of bonds rather than scrip, because
they are more commercial and more readily disposed of for
cash at a lower rate of interest than scrip.
Insane Asylum.
It is a diity imposed on oat-li state to take proper care of those
iiiitortuiKUe eitizeus, who l»y reason of their mental derange-
ment are incapable of caring for themselves. This is one of
the most delicate, and yet at the same time one of the most
expensive institutions committed to the care of the common-
wealth. The cost of keeping our insane for the fiscal 3'ear,
18l)G, amounted to fllS,000.4:0, or more than one-fourth of the
total receipts of the general fund of the state. This enormous
expense cannot be avoided while the state is without an asylum
of its own. Certainh' no better time cotild be found in which
lo i)urchase property or erect jjroper buildings for the treat-
ment and safe keeping of our insane. I would therefore sug-
gest that you pass such laws as may be necessary, atithorizing
and empowering the Board of Insane Commissioners to pur-
chase a proper site and erect suitable buildings for the keep-
ing and treatment of our insane.
It may 1)e that a portion of the lands and buildings at Fort
Ellis, which belong to the state (so long as they are tised for
some public pur^tose) cottld at slight cost, be fitted and arranged
for an asylum. I merely sttggest this for yottr careful considera-
tion. If an asylum is either purchased or btiilt, provision
should be made for the appointment of a keeper by the Gover-
nor. The system of letting the keeping of the insane by con-
tract connot be defended in principle. Under such system
there is no inducement for the contractor to discharge patients
when well or ctired.
I woitld suggest that you carefully examine the law with
reference to the method of trial and admission of persons to
the asylum. Care should be taken that none be admtited ex-
cept those who are entitled to the aid of the state. I am afraid
that persons who ought simply to be in some hos])ital are too
often by the coitrts (•(Jinuiittcil to the asyhnii. In all instance^^
Avhcre the patient has an estate, the estate should be charged
witli the keeping of such ])erson, and if there are any relatives
who are legally boitnd to support stich persons as are com-
mitted to the asylum, the court committing the patient
should adjudge the charge of keeping to be paid by such
relatives or persons ](\ually bound to support them, and
18
tlie county attorneys of the seyeral counties should in
all cases be char<»ed with protecting the interest of the state
in all such matters, as I liay'e herein suggested or which in
the Ayisdom of this assembly may be thought adyisable.
State Prisons and Prisoners.
Perhaps thei-e is no question that ]:>resents so many perplex-
ing phrases as the proper method of keeping and treatment o?
our conyicts or criminal classes. The real object to be at-
tained, if possilde, in the continement and treatment of our
criminal classes, is first to place them in such a position, that
they can no longer prey upon the law abiding citizens of the
state, and secondly, to reform, if possible, the criminal and
make of him a law respecting citizen. The cost of maintaining
our conyicts for the last two fiscal years has been 35 cents per
day per capita; a sum that is perhaps less than any other state
in the union. Out of the appropriation for 1895 and 1S9G,
enough has been sayed which, together with the work of the
conyicts, has built a new i:>rison with a total capacity of 28S
prisoners, being a greater capacity by 106 than the old prisons
preyiously built.
The prisoners haye l)een safely kept and the sanitary condi-
tions are as good as it is possible to haye them, and the disci-
pline could not well be improyed upon. The question that re-
quires attention most, is that of enforced idleness of the con-
yicts. I am fully aware of the fact, that many persons oppose
the employment of prison conyicts in any kind of labor. This
A'iew of the case 1 am constrained to belieye is not well taken.
If the prisoners are kept idle, the cost of their maintenance is
increased and this burden largely falls on the shoulders of free
labor. Idleness breeds yice and makes confirmed and hard-
ened criminals, to be turned loose upon the state at the expira-
tion of their terms of imprisonment. In my opinion nothing
can be more cruel and inhuman to those confined in our prisons
than enforced idleness.
Many persons, who in the lieat of j^assion or through the
natural weaknesses of human nature, commit offenses thai"
necessitate their confinement in prison on account of the in-
19
i-"^
fraction of our laws, may not at heart be criminals and thej-
slioiild not be made such by thei^ treatment in the penitentiary.
But if confined in idleness for a number of years, surrounded
with nothing but criminals, and left to their own thoughts and
such associations exclusiveh^, at the expiration of their term
of confinement they emerge from the prison gates confirmed
criminals, degraded in their own estimation and caring little
or nothing for the opinion of mankind. It w^as a part of the
plan of creation that mankind shoiild eat bread by the sweat
of his face. There is nothing that brings contentment to the
mind like honest toil. Work is the most ennobling and civ-
ilizing influence exerted upon the world. It is truly said that
''an idle mind is the devil's workshop," and I am convinced
that if our laboring people will consider carefully every phase
of the question, they cannot find any reasonable excuse for
opposing labor by our convicts.
Under the Carey act the State of Montana can, by building
reservoirs and canals in order to reclaim our desert lands, se-
cure title to one million acres of such lands now belonging
to the United States. Whether you provide for a warden and
for keeping the prosoners by that method, or by letting a con^
tract for their keeping, I would recommend that you empower
and authorize the Governor or Board of Prison Commissioners
to employ as many of our convicts as can safely be employed
in the construction of reservoirs and canals for the reclama-
tion of our desert lands, thus securing to the state at small cost
a most valuable body of land which will serve to make homes
for those seeking them within our borders. Provide also for
the emi^loyment of such prisoners for performing any other
work of like nature to be done by the state. If these prisoners
be thus emjjloyed in constructing canals, reservoirs or other
public works of the state of that kind, all that is needed in the
way of money to perform the undertaking is to furnish the tools,
provisions and material upon which the labor is to be expend-
ed, and the proper and necessary guards for their safe keeping.
The latter will be slightly greater than the number at present
employed.
As to the beneficoial results to be achieved by prison labor,
I call your especial attention to the report of the State Board
of Prison Commissioners and to the report of Mr. James McCal-
man, superintendent of construction of the new prison build-
20
iiiii. 8iicli eiuplo3'meiit of oiii- prisoners reduces the cost o"
I heir inaiuteuauce, makes possible at nominal cost public works
and public undertakings, engages the convicts in honest toil,
and withdraws their minds from criminal plots, schemes or
associations, and often results in turning them loose at the
expiration of their sentence as accomplished workmen and
skilled laborers, ready to engage in an honest effort to make
a living and become respected and trusted citizens. Where
the advantages are all on one side and the errors on the other,
I do not believe this assembly will make a mistake. I trust,
tlierefore, that these suggestions and recommendations mav
receive your most careful consideration.
Public Schools.
Xo particular branch of our state government is so near and
dear to our people as our puhlic school system. It is one of
the grand triumphs of popular government in the nineteenth
century. The people are dcA^oted to our public schools and
freely vote taxes whenever they are to be used to further pro
mote our public school system. But, like every other matter
i-equiring public attention, abuses and disturbing r:ictors oc-
casionally work into it that need correction. Inasmuch as
large amounts of money are expended by our school trustees,
I would suggest that you throw such safeguards around their
election and conduct in office as v.ill secnre the expressed will
of the people and a judicious and careful expenditure of pub-
lie moneys. For several years past our legislative assemblies
have been the prey for rival school book companies, and dis-
cord and discredit has too often followed in their wake. 1
would therefore suggest that you empower the State Board of
Ivducation to make selections and adopt a uniform system of
1ext book.^ for our public «cIi()ols, and thus prevent the too
frequent wrangles anrl disputes abouf what books are to be
used in our schools, and at the same time remove from the
Y)recincts of tlie legislature nil iuceutives for the presence of
school books agents.
In some things our public school system is xe.i imperfect.
\Ye have free school houses, free fuel, light, water and tuition,
21
but so far we liave no free school books, and while it inaj seem
a small matter, there are in our beloved state scores of children
unable to attend school on account of not hayinir books. ^lanr
jioor i)arents are unable to provide j^roper books for their child-
ren, and those who can furnish ihcm are compelled to pay two
prices for the books tlioy do purchase. I would recommend
therefore, that you provide for free school books. Authorize
the State Board of Education to select and purchase the text
books for the state at lartie, and furnish them to each district
at cost upon requisition of tb.e local board of trustees, and let
tlie school districts pay into tlio stato treasury the cost of bookf->
so furnished them. In this way there will be no additional
cost to the state treasnry. Each school district will then have
a i^ride in preservini>- the public books, and the cost of patrons
will not be more than 50 per cent of the cost where books are
bought at retail by individuals. In the end the matter of cost
to our people will be an item worthy of consideration, and every
child will l)e ]trovided with books. Allow eAcrv person desir-
ing to buy books individuallv the ])rivilege of getting them
from the trustees at cost. r>v tliis means those who desire to
own their books can do so at reduced cost, and no one will be
deprived of a chance for an education on account of being un-
altle to provide the necessary books.
Amendment of the Laws.
I am disposed to advocate that policy which will, as far ns
possible, maintain the permanency and stability of our law:
I believe the great trouble with the world is a tendency to
change and alter the laws too rapidly. Instead of not being
governed enough, I fear we are governed too much ; therefore,
where the laws in the codes are not too conflicting or erroneous
leave them. We would bettei' endure some inconvenience in
the law and have it tixed and certain than to be in ignorance oT
the laAv by reason of its manifold changes and uncertaintief<.
The law in reference to the rule of fellow servants should be
changed to meet the enlightened views of the age. The attach-
ment law, and the probate laws, which alloAV a living person
to testify as to contracts or conversntions had with a deceased
person, should be amended.
90
The law with reiereiiee to tlic collection of school taxes, and
llic miiiiicipal incorporation hiA\s shonld each receive attention
at vonr liands. A phiin, concise and. conservative law rennlat-
iiiH and controllin<;' the method of oruanizatioii of domestic
incorpoi-ations, and the control and manner in which foreign
corporations may transact bnsiness in our state, shonld T)e
enacted to relieve ns from the confused condition in wliicli
tlies(^ subjects are left in the several codes.
I cannot be ex])ected to cite you to all other necessary amend-
ments on account of their great nund)er, but your own knowl-
edge of these defects will aid you in arriving at a correct solu-
tion of the manifold errors. Suffice it to say that wluu-e the
error is slight or unimportant and the intention of the law is
manifest, leave it alone, Avould be my injunction in such cases.
Railroad Legislation
In the mind of many the time has arrived in ^Montana when
something might be done toward controlling and regulating
in some manner railroad tralltic and passenger travel in our
state. I do not doubt the statement that there are ])erhaprn
inequalities and other matters in the conduct of our railroads
that ought to be regulated by la^^'. I do not believe, however,
than any radical or ill-advised legislation shonld be under-
taken at this time, neither do I believe in the creation of any
expensive system of government to control these corporations,
such as high-priced railroad commissioners. I would suggest,
therefore, that if anything be undertaken toward regulating
or controlling the passenger travel or freight traffic on our
i-ailroads, that yon form a railroad commission of three of the
state officials, elected by the people — say the governor, attor-
ney general, and state treasurer, and confer upon them full
power to fix passenger and freight rates, to regulate and con-
trol in the proper lines the operation, running and management
of railroads in our state ; to prescribe prf)i)er rules for the safety
and comfort of passengers and employes, and to see that no
discriminations or disadvantages are allowed to any person
or place, nor im]n'oper restrictions ini])osed by the transporta-
tion companies upon passengers or shippers. T believe the people
23
can safely entrust these duties to their regularly chosen offi-
cials and that such persons can perform the duties of the com-
mission without imposing additional burdens on the people bv
creatfnii' new offices.
Our Public Lands.
The state of Montana is endowed with a public laud grant
amounting in the aggregate to almost six million acres and
under the Carey act can, by proper care and industry, acquir--
at nominal cost one million acres more.
This vast domain is granted to the state for various purposes,
but the greater part is given to our schools and educational
institutions. The people are not perhaps advised of the mag-
nitude of our endowment, but if care is taken to preserve this
donation, no state ^i\\ be better equipped for the education
of coming generations than the commonwealth of ^Montana.
But if our vast land grant be frittered away, wasted or dis-
posed of during these depressed times, individuals will secure
the benefit and the state will lose the advantages it now pos-
esses. I am fully persuaded that the state should not sell or
part with any portion of its land grant, but should maintain it
intact as an inheritance for coming generations. At the pres-
ent time no part of the grant could be sold for its true worth,
and only the choice portions could be sold at any price.
Our grazing lands cannot be sold at any price that would
iustifv such action bv the state, while if retained and rented
from year to year the rental in a very few years would equal
the present selling price, and if they are held by the state, they
will for all time furnish a perpetual and increasing income
far greater than could he secured from interest upon the selling
price of such land, and by retaining the same there can be no
possibility of loss of the principal invested.
The same may be said of our agriculltural lauds, while the
sale of our timber lands would be wasteful in the extreme. At
present the timber lands if sold, including the timber,
would bring no more than the sale of the timber alone. Tn
fact, we would be giving away the land. T would advise, there-
fore, that the timber only be sold and the land retained. Some
24
of these timber lands are valuable as agricultural land, and in
time would be an additional source of revenue for the state,
wliile the rocky, mountainous timbered lands will in the future
]»roduce another growth of timber for the benefit of the state-,
or upon exploration may prove valuable for the minerals they
contain. I would recommend that you offer to all persons,
settling upon lands of the state and paying rental therefor to
the state treasury, immunity from taxation upon all personal
property owned by such settler. In other words, the land rent-
als should take the place of all. property taxation of i^ersons
residing on the state lands. I am fully convinced that if
Ihis method is pursued, and these inducements offered to set-
tlers, in a few years our state lands will be fully occupied by a
contented and prosperous population. Allow them to sell or
dispose of their own hottses or improvements at will, the state
simply collecting the annual rental value of the lands in lieu of
all propert}^ taxes. Such a course will at once attract atten-
tion throughout the United States, and settlers will eagerly
seek for such lands and establish homes thereon. I wotild
therefore recommend that you submit to the people of the state
a constitutional amendment forever prohibiting the sale of
the lands now belonging to the state, or which mav hereafter
be acquired, except such sales as may possibly be necessary to
satisfy any lien imposed by bonds already issued or that may
be issued prior to the enactment or adoption of stich constitu-
tional amendment, and providing that personal property an<l
improvements of persons residing on said state lands be exempt
from taxation. If the cotirse herein suggested is pursued, I am
satisfied that the best interests of the state will be promoted,
and in a few vears the wisdom of votir action will be acknowl-
edged by every one.
In this connection I desire ftirther to call your attention to
another feature of this land qitestion. I believe that the in-
ducement for private individttals to attend tax sales and btiy
in lands for delinquent taxes should be discouraged as far as
possible. Reduce the rate of interest to be paid by any person
seeking to redeem lands sold for taxes to such a point that the
harvest of the money lender will not be so proditctive at tax
sales and redemptions. By the present course the only person
benefited is the broker or monev lender, who takes no chances'
and yet secures the highest rate of interest for his investment,
while the niifoi'timate citizen wlio was unable to meet his taxes
when dne the very person most deserving- and needinji' the ad-
vantages to be obtained by jnst legislation is made to bear nn-
nsunl Imi'dens to redeem bis lunnc or sacrifice it. Adopt that
])olicY which ^\ill discoui-age ])i-ivate tax purchasers by mail-
ing the rate of interest less on redemption, say eight per cent
]>(M* annnm, and encourage the state to bny nil lands sold for
delin(inent taxes. If the lands sire not redeemed, make the
title of the state good and perfect. And in this way the state
is a gi-cat gainer in securing lands which it may rent. Tf the
huuls thus purchased are redeemed, tlu' redem])tioner is Itene-
tited by being permitted to redeem his lands at less cost, and
the commonwealth is also beneficially iuterested in tluit it re-
ceives the tax levied, together with accumulated interest.
Semi-Annual Payment of Taxes.
As the law now stands, the fiscal year closes on the 30th day
of Xovember. Th.e last day foi- rlu^ payuuMit of taxes is the
first ^fonday in I)ecenil)er, and the settlement with the state
treasurer is made on the second ^Monday in December. Under
this condition it is absolutely im])ossible to close the bo(dvs
with the fiscal year in anything like creditable shape. Again
the policy of making all taxes of the year due and payable
in December works great hardship on uuiny of our people
who are hard pressed to secure money enough t(^ carry them
through the long tedious winters or ])rovide the usual holiday
comforts. It is also a hardship on our business men, who usu-
ally seek to close up their dcdits and accounts ready for the n(nv
year. Nor is there any advantage to the state in collectiu.*;
a large sum at (uie time to be carried in some banking institu-
tion until required for current ex])enses. I would, for the
foregoing reasons, urge the passage of a law providing for
semi-annual pjiyment of taxes on tlu^ first days of November
and May of each year. Let one-half only of the tax become
delinquent November 1, and l)ear the interest charged; the r^--
maining one-lialf to be delincpieut .Mav 1 following; and sales
of lands for all delinquent taxes to follow in June. In this
26
way the state will collect its money as needed. Delinquent
sales will take place in June instead of the bleak winter sea-
son. ;iii(l the ottlcials can j)ropei'ly close their hooks with the
fiscal year.
Arid Lands.
Some lejiislation is ahsohitely necessary to enahle us to se
cure the benefits of the Carey arid land act. The policy of issn-
in«4' scrip is, in my opinion, yery nnwise and nnsatisfactory.
The rate of interest is higher than is necessary where bonds arc
issued, and as I said with reference to the capitol building;,
bonds are preferable to scrip issues in the money markets. The
])resent law was enacted by the legisTature prior to the amend-
ment of the Carey land act by Con<;ress, and is defectiye in some
respects. Something must be done to remedy and correct the
errors made in the legislation, looking to the reclamation of our
arid lands. I am fully conyinced that the Arid Land Commis-
sion is one that if properly directed may be of yast importance
to our state, but if improperly managed or controlled it may
become the h'ofbed of unwholesome jobs to the discredit ot
oiir commonwealth. Carefully consider and enact into law
the proper remedies or amendments so that the state may
receiye the full benefit intended by the Congressi(mal enact-
ment.
The Election Laws.
As far as possible the Australian ballot system should bo
perfected so that mistakes in yoting should he reduced to the
minimum. At j)resent there may be some doubt as to the
result of a ballot yoted. in which the yoter makes a cross in the
circle at the head of the column and then places a mark op-
posite the name of some particular candidate in another col-
umn, eyen though the person so especially designated may
haye had no competitor or o])ponent in flic column marked at
the head by the yoter. Legislation slionld make ])lniu how
such votes are to be counted, if at all. AA'e should leave n(>
traps or suares for the iiuAvarv, but as far as j)ossible guard
against mistakes in voting and provide that method whicli will
most clearh' express the intention of each citizen who casts a
consci<'u(ions liallot.
Initiative and Referendum
]\rontana was one of the pioneer states in adopting the re-
form method of voting and inaugurating the Australian bailor
svstem of nominations and elections. So well has this policv
worked in purifying the elections of the country and in pro-
tecting the defenseless from unlawful influence that it has
been adoj)ted in some form in almost every state in the union.
The time is fast approaching when we shall see other methods
in force which will result in more easilv recording the wishes
of a majority of our people upon the statute books of the
country. I refer to the initiative and refere'ndum and propor-
tional representation, and if this assembly shall see fit in its
wisdom to submit to the voters of the state a constitutional
amendement, providing for legislation in limited and modified
form l\v means of laws or rules of conduct, recognized where
the policy of the initiative and referendum is in force, such ac-
tion would have my cordial support.
Before closing, however, let me urge upon yon. individually
and collectively, the importance of moderation in all your un
dertakings, cool deliberation upon every subject without dis-
crimination, having at all times the good of onr beloved state
and her welfare before your minds, leaving nil classes or par-
ticular interests outside of this chamlici-. and seeking here to
serve only our jealous mistress the coniinouwealth of ]\[on-
tana. will gain for this assemblv an imitcrisliablc name and
redound to the lasting credit and pros]»('ritv of our young state,
whose star in the galaxy of the union must n(ner be dimmer!
by dishonor, but should gro^\ brighter and more brilliant in
the sisterhood of states Itv re;ison of the love of order, intelli-
gence, public virtne. honor nn<l pniviorisni of her people.
ROBERT B. S:\riTH.
•^Q
Message in Reference to Soldiers Home,
Executive Office,
Helena, Montana, January 11, 1897.
3.1r. Speaker and Gentlemen of. the House of Kepresentatives :
In preparing niv message to the Legislative Assembly I in-
tended to refer to the Soldiers Home, but in the multitude of
.subjects it was overlooked.
The building is complete and ready for occupancy, if it were
furnished. I submit herewith an itemized bill of necessary
equipment to open the Home. As soon as the Home is opened,
we will receive from the general government One Hundred
Dollars per capita for each soldier admitted, and those inmates
who draw pensions will be required to surrender the major part
of their pensions to the management to support tlie institution.
At present, I am reliably informed, there are between twenty-
five and thirty old soldiers in our county i)oor-liouses.
If vou can see vour wav clear to furnish the Home and make
a small annual appropriation for its support. T believe your
action would be generally endoi-sed.
Very IJespectfully,
liOBEirr B. SMITH,
Governor.
29
Message in Reference to Estimates Fiscal Year
1897-1898.
Executive Office, Montana.
Helena, ^Lontaua, January 13, 1897.
Mr. Speaker and Gentlemen of tlie House of IJepresentatiyes :
I transmit herewith for the consideration of your Honorable
Body, estimates reported from the various departments of th(3
State Government, covering tlie maintenance of the same for
the fiscal vear 1897, and the fiscal vear 1898, These estimates
are based on Ihr allowances heretofore made for the purpose?-!
named, being in some cases diminished and in some cases in-
creased. Tn my judgment conditions do not justify an increase
of expenditure for the maintenance of any department of the
State Government, and I therefore recommend such action on
your part as will conserve the interests of economy to the fullest
extent possible without impairing the efficiency of the i)uldic
service. ^Iv views relative to the Bureau of Agriculture, Labor
-and Industry, are set forth in m^' first bi-ennial message to the
Legislative Assembly, ^^■ith suggestions as to the saving that
can be affected if such views are adopted. Your attention is
also called to the references made in that communication to
the office of State Examiner and the offices of the Land Depart-
]nent. In my opinion several changes can be made in the esti-
mates herewith submitted in the interest of economy
and with due regard for the public service. The of-
fice and traveling ex] tenses ref)orted in the estimates
for the maintenance of the ofiice of Mine Inspector can
be safely reduced from 82,053.75 per annum to 81,000; and a
similar estimate for tlie office of Boiler Inspector from |3,111.25
l)er annum to -*?1,500. ] do not favor increasing the cost of
maintaining the office of State Auditor by adding to the clerical
force an assistant clerk at a salary of fl,200, as indicated in
the estimates reported from that department; or adding to the
clerical force in the office of the Secretary of State an assistant
clerk at a salary of .^1,500 per annum. The estimates for the
30
maintenance of tlie State gov-ernment are submitted in detail
lor your guidance in making necessary appropriations to cover
exj^enses already incurred for snch ])urposes, and as yet unpaid,
;md in providing for tlie nec(,'s,sary expenses of tlie several de-
partments for the fiscal year 1897 and 1898. Section 2389 of
tlie Political Code requires all fees collected by the Secretary of
State and twenty per cent of all fees collected by the Clerk of
(he Suiireme Court to be applied to a fund for the maintenance
of the Law Library of the State. These fees produce in the ag-
gregate more than $10,000 annually, and is a sum much larger
than is necessarv for the maintenance of the Law Librarv. I
trust 3"ou will make such amendment to tliis Section as will
appropriate a proi:>er amount to the Law Library Fund, the
remainder to be covered into the General Fund of the State.
Estimates from the different State Institutions will be sub-
mitted at an early date, with sitch recommendations relative
to an appropriation therefor as the condition of the finance}?
of the State may seem to justify. In making approj^riations for
the maintenance of the State Government and the support of its
Institutions I most earnestly recommend that they be kept
within the revenue of the fiscal year to which they ai)ply, and
that such revenues be carefully estimated l»efore the a])in'opri-
ation bills are drawn.
Respectfully,
KGF.EKT B. SMITH,
Governor.
31
Message in Reference to New Prison Building at
Deer Lodge.
Executive Office, Montana.
Helena, Montana, January 14, 1897.
^Ir. Speaker and Gentlemen of the House of Representatives :
I desire to call your attention at this time to the situation
of our new prison building at Deer Lodge. It is practically
completed with the exception of tlie doors and windows, llic
cells, stairways and iron grating for the openings. This new
building was constructed to correspond in its dimensions and
openings with the contemplated prison at Billings. There ii^
now piled up in the prison at Billings all of the necessary cells,
iron work, stairways, doors and windows that will be required
to fully complete and finish the new prison building at Deer
Lodge. This material has been on hand at Billings almost
two years. We are paying for a watchman to take care of the
property at that place. If left there it can be of no possible
use to the State at this time, unless the Eastern Penitentiary
is completed. I do not believe it would be expedient or econ-
(miical for tlie State at this time to undertake the completion
of the Eastern Penitentiary, or its maintenance after com-
pletion, because (me prison containing all the prisoners can be
kept and maintained nnicli cheaper than if divided. If th6
property above enumerated renmins at Billings it is liable to
destruction or loss. I would therefore suggest that you pass
an Act authorizing the Board of Prison Commissioners to use
the property at Billings in completing the new prison building
at Deer Lodge. If this is done the only cost to the State w ill
be the cost of transporting it from Billings to Deer Lodge.
Respectfully,
ROBERT B. SMITH,
Governor.
32
Message in Reference to Estimates State Insti-
tutions.
Executive Office, ^roiitana.
Heleua, Montiiiiu, January 11), 1897.
-Mr. Speaker and Gentlemen of the Eloiise of Ileprescntatives:
1 herewith transmit the estimates made by the local board.s
of managers of the several educational institutions of the State,
as \\ell as of the Home for Orphans, I'oundlings and Destitute
Children and the State IJeform School.
The estimate of the School of Mines, it seems to me, is unus-
II ally large, and should be carefully considered by you, aw
should all the other estimates submitted. With reference to
the estimate submitted by the University, I call your attention
to the fact that tliey have put into a lump sum $13,250 for the
payment of the Faculty and janitor. It would be well to re-
quire an itemized account of this matter. In the matter of
the Agricultural College at Bozemau, for the present at least
it seems that the teacher of modern languages might be dis-
pensed Avith ; or, in other words, some one of the jn'ofessor^
teaching other branches might also teach modern languages.
And the matter of furniture should be itemized so you may
know exactly what is required.
It will be absolutely impossible to make the appropriations
as requested by the several Institutions, and your judgment
must determine at what points the estimates may be curtailed
without too seriously impairing the efficiencv of the service.
After the estimates which I have already submitted are acted
upon by proper appropriations, you will then make the appro-
priations for these several Institutions, bearing in mind at all
times that any appropriations made beyond the revenues of the
State for that particular year, is, under our Constitution, ab-
solutely void.
Respectfully,
ROBERT B. SMITH,
Governor.
33
Message Referring to Needed Legislation.
Executive Office,
Helena, Montana, February 24, 1S9T.
I\rr. Speaker and Gentlemen of the House of llepresentatives :
At the opening of this session of the legislature, in view of the
fact that there were no political questions to occupy your at-
tention, and from my personal knowledge of the individuals
composing this Assembly, I confidently hoped that this session
of the assembly would be marked by wise, prudent and much
needed legislation and that personal antagonisms and factional
opinions would find no lodgment with you. I am sure this As-
sembly and the people at large will not censure me in failing to
point out the needed legislation and reforms, necessary for the
welfare of our people. If the message I delivered to you has
any merit, it is because I therein plainly indicated the line of
legislation needed. The manner in which it was received by
the people of the state indicates beyond doubt their wishes and
what they have a right to demand of you as their representa-
fives. Of all the recommendations therein contained not on^'
has become a law.
I therefore, without wishing to usurp the functions of thiB
body, or the privileges and rights of your Steering Committee,
appeal to you to lay aside all other aspirations except the wel-
fare of the state. Stop talking for the next seven days and take
action on some of the important measures before you. Among
^\'hich I would suggest :
The Bills relating to the deposit of public funds.
The Bills relating to the regulation of state and county offi-
cial salaries;
The Bill No. 233, abolishing the payment of mileage;
The Insurance Tax Bill ;
The Inheritance Tax Bill ;
The Bill providing for the state owning and operating the In-
sane Asylum;
34
The Bills for the erection of the State Capitol, the School of
Mines and Deaf and Dumb School;
And the Arid Land Bill.
If these measures are taken up, and amended if need be, and
considered without too manv speeches, they may yet becomo
laws. There are other measures of importance before your
body that imperatively demand attention.
Let no one delude himself b}' the thouij,ht that his individual
record is above criticism. You will be judged by the results
of your labor as given to the people, and not by the rhetorical
effort made on the floor of this House. Let me appeal to you
to give to the state some of the measures of retrenchment and
reform which its condition demands.
I am with \evy great respect,
EGBERT B. SMITH,
Governor.
Arbor Day Proclamation.
Execiitive Office,
Helena, Montana, April 13, 1897.
The Legislative AsKseii^bly of Montana, recognizing- the fit-
ness and necessity of enconraging among our peojjle the proper
cultivation of trees, vines, and shrubs, have set apart a day in
each year to be known as Arbor Day, and have directed the
Executive to make proclamation of the same.
In accordance with the authority thus vested in me and do-
siring to pi'omote a sentiment among our people to beautify and
adorn their homes, public grounds, places and ways and thus
aid Nature to make more beautiful our splendid young Com-
monwealth, I, KOBEKT B. S.MITH, Governor of the State of
Montana, do proclaim Tuesday, May the Eleventh a holiday to
be known as Arbor Day, and I do earnestly recommend that
said day be set apart by our ]jeople as a day for the planting
of trees, vines and shrubs in the promotion of forest growth
and culture and in the adornment and beautifying of our homes,
cemeteries, higliways and public grounds, and that it be ob-
served by such appropriate exercises and ceremonies in the
Public Schools as may tend to inculcate in the minds of the
rising generation a love for tlie adornment and beautifying of
our State.
(Seal) Given under my hand and the Great Seal of the
State of ^lontana this 13th day of April, A. D. 1897,
and of the Indei^endence of the United States the One
Hundred and Twenty-first.
By the Governor,
Attest: BOBEBT B. SMITH.
T. S. HOGAN,
Secretarv of State.
36
Thanksgiving Proclamation.
1897.
Believin^; sincert^ly in the existence of au all powerful and all
wise Provideuce, the jiiver of every good and perfect gift, and
realizing that onr peopk- have enjoyed immunity from famine,
pestilence, (>r other scoui-gcs diiring the past year, and tliat our
state and its good jx'oidc luive en joyedi unusual harvests and arc
now ex]K'ri('ii(iug the benefits of higher prices and more ac-
tive markets, that the seasons liave been almost ])erfect and
the earth has produced in great abundance, that industry 1ms
received great encouragement and rewards, Avherever employed,
and believing that our condition is largely due to ;i wise dis-
pensation of Providence and realizing that in our day of pros-
perity we are prone to forget these manifold l)lessings and the
lesson the}' teach, in accordance with a beautiful and time hon-
ored custom and the laAV of our state, and in conformity witli
the proclamation of our President, I, Pobert R. !?^mith, Gov-
ernor of the State of ^iontana, by virtue of the law in me vested,
do proclaim
THURSDAY, THE ^rAAENTY-FIFTII DAY OF XOYE.MBETt
a legal holiday to l)e given o\cv to ])rayer and thanksgiving for
the blessings received from our Divine Father, and I earnestly
request that all secular work be laid aside and that our peopb-
congregate in their several respective places of worshii) and
engage in prayer and thanksgiving and other suitable exercises
for the projjer observance of the day.
(Seal) Given nnder my hand at Helena, the Capital of .M(»n-
tana, this Novemlier Third, in the year of our Lord,
One Thousand Eight Hundred and Ninety-seven,
and in the One Hundred and Twenty-second year of
our Independence.
ROBERT B. S.AIITH, •
Attest : — Governor Montana.
T. S. HOGAX,
Secretarv of State.
37
Arbor Day Proclamation
1898.
ComplTing with the statute of oiir commonwealth, it becomes
mr duty to proclaim
TUESDAY, MAY 10th, 1898, ARBOR DAY^,
on which dav I earnestly invoke all ijood and law-abidino; citl-
zens to abstain from their usual avocations and "ive this one
dav to the plantin<i- of trees, shrubs, and vines for the adorn^
meut of our public and private jiTounds, places, and ways.
No country can ever become a land of beauty, or the home of
contentment or refined civilization, without the adornment
which can so easily be given to it by trees, shrubs, and flowers.
The planting of trees not only lends beauty and comfort to our
homes and country, but adds value to the same, and thus in the
end becomes remunerative. If our people will honestly and
Intelligenth^ devote their energies toward the observance of
this day for the next decade, the improvement of our state will
be so marked that no further urging will be necessary.
The law enjoins upon all teachers to see that this day is prop-
erly observed by their respective schools, and provides that the
Superintendent of Public Instruction shall prescribe the course
of exercises and manner of instruction to be followed bv the
schools.
I trust that these matters will receive careful and intelli-
gent consideration, and in order that everv one mav have an
opportunity to properly observe this day and carry out the in-
tent of the law, I, Robert B. Smith, Governor of the State of
Montana, by virtue of the law in me vested, do Proclaim said
10th dav of Mav, 1898, a legal holiday.
(Seal) In Witness "Whereof, I have hereunto set my hand
this 13th day of April, Anno Domini, 1898, and in
the One Hundred and Twenty-second year of our In-
dependence.
ROBERT B. SMITH,
Attest : Governor.
T. S. HOGAN,
Secretary of State.
38
Communication to the Governor of Michigan Re-
fusing Warrant for Arrest of Mary Stevens.
Sir: Helena, :\Iay 7, 1898.
I regret the necessity that compels me to refuse to issue a
warrant for the arrest of Mary Stevens, alias ;Mrs. C. B. J.
Stevens, and J. C. Borak, alias Holboth.
I recoo-nizo fullv the comitv of states and tlie "Teat con-
sideration that should be accorded to the request from the ex-
ecutive of any state in the union. I realize that a request from
the executive of another state for the surrender of a fugitive
from justice demands the most earnest consideration and a
compliance therewith on my part, unless there are paramount
reasons that should compel a refusal of the requisition.
In the present instance Mrs. Stevens, who now resides with
her husband at Great Falls, in this state, is a respected lad\
and her husband is an energetic and successful man in his pro-
fession. She is charged with kidnaping Gladys Balcom, her
own child by a former husband. Dr. Balcom, it is true, was
given the custody of the child, but since that event I am relia-
bly informed he has remarried, and Mrs. Stevens was refusea
the privilege of seeing her child. Under these circumstances
she took the child and brought it home with her, where it will
have a good comfortable home and a loving mother's care. The
child is now happily surrounded and wishes to remain with her
mother.
Under these circumstances, I do not believe it is mv dutv to
send the mother back to Michigan to stand trial on a charge of
felony. No real harm has been done and the child's condition
is most likely a much happier one.
As to the other party charged, he is unknown to me, but who-
ever he is, he was simply aiding a mother in her distress and
I am not disposed to issue a warrant for his arrest.
For the reasons above set forth I must decline to issue a war-
rant for the arrest and return of the parties named.
I am. Sir, with great respect.
Very truly yours,
ROBEPvT B. SMITH,
To His Excellency, Governor Montana.
Hazen S. Pingree,
Governor of Michigan.
39 .
Thanksgiving Proclamation
1898.
Exociitive Office, H(4ena, ^foiitana.
Onstom and law has oi'daiued that the last Thursday in
XoA-ember of each year he set aside as a day of Thanksgivinjj;
and prayer to the Divine Knler of the nniverse. Anno Domini
eiji'hteen hnndred and ninety-eijuht shonld he especially revered
and remembered by onr peo])le and onr nation. While we wer*^*
called npon to send onr soldiei^s down to war in ships and npon
the high seas and npon foi-iMgn shores and strange lands, no
unforeseen disaster or calamity befell them. Even the firma-
ments were kind and generons in their treatment of onr sol-
diers and sailors, and, wluM-ever we engaged the enemy, onr
Lord, the God of battles, seemed to be with ns; and while W(-
suffered some loss, perhaps unnecessarily, we can still with
fervent hearts thank God Ihat our loss was no greater and that
peace has returned to our land, where we hope it nmy continue
uninterrnptedl.v. A bountiful harvest amply assures our peo~
pie of the all the necessaries of life. No malignant scourge has
found lodgment in our country.
In consideration of these blessings and in the hope that wr-
may show our gratitude to the Divine Knler, I, Tiobert 1>.
Smith, Governor of the State of ^Montana, do proclaim Thurs-
day, the 24th day of November, A. D., 1S9S, a i)ublic TToliday,
and I request that all persons in the commonwealth hiy aside
all and singular their labors on that dav and assemble in their
r(\spective places of worshij) and there offer up devout prayers
and thanks to the great God, who rules the destinies of men
and nations, for the manifold blessings vouchsafed to onr
people.
(Seal) Done at Helena, Montana, this 11th day of Novem-
ber, Anno Domini eighteen hundred and ninety-
eight and in the one hundred and twenty-third year
of our Independence.
By the Governor :
ROREKT B. SMITH.
T. S. HOGAN,
Secretary of State.
40
MESSAGE
TO THE SIXTH LEGISLATIVE ASSEMBLY OF
THE STATE OF MONTANA.
State of Montana,
Executive Department,
Helena, Jamiary 3, 1.899.
To tlie Sixth Lejiislative Assembly of the State of INfontana :
It becomes mv duty, under the Constitution and the law of
the State, at this time to present to yon the condition of onr
Commonwealth, especially as to v^'hat has transpired during
the past two years, and what will be needed to meet tlie de-
mands of the State for the ensuing two years. Before ])to-
ceedinL'' with this undertakinu;, I desire to congratulate you
upon the auspicious condition in which we find the general
tone of the State as a body politic, and the improved condi-
tions of our people indiyidually. Notwithstanding the fact
that our country, within the last twelve months, was compelled
to eniiaue in a foreign war, which has been successfully ter-
minated and concluded, we find that the condition of our peo-
ple and the State at hirge has not been injured on such ac-
count. Neither has the prediction, made by many, that the
Commonwealth was destined to destruction by reason of the
fact that the political control had passed from the Republicaii
party, proven true. In many respects we can truthfully say
that the tone of confidence displayed toAvard the State two
years ago has greatly improved since that time, and by wise
legislation at your hands the condition of our State may yet
be further improved, and witli its general improvement will
be an improvement of each individual composing the State.
41
The one thing absolutly necessary to maintain the good
credit and standing of onr Commonwealth before the world
is to be able to meet our obligations, and pay them with cash
as they are inenrred. In order to do this, the revenue of th('
^tate must, at all times, be adequate to meet its im])eratiY(;
demands.
Financial Condition of tlie State.
During the last two years we iiave been able to meet all de-
mands with the revenue at our command. Rut this result is
due in part to certain legislation enacted by the Fifth Legisla-
tive Assembly, and, in part, to the economical methods pur-
sued by the State Board of Examiners. But under the in-
creased burdens imposed upon the State, this condition of af
fairs cannot longer be maintained with the present legislation.
At the close of the fiscal year in 1806, there were outstand-
ing, warrants amounting to |3G6,974.57, and deficiencies, not
j'epresented by warrants, amounting to §51,237.15. To meet
this indebtedness, was the revenue for 1890, yet uncollected,
amounting to ^280,902.76, and cash in the Treasury December
1, 1890, amounting to 121,239.38.
It thus became necessary for the present Administration to
pay off and discharge the large deficiency of $51,237.15, in
addition to running the ex])enses of the State for the next two
years. During 1897 there was collected from all sources $510,-
719.81, which, added to the cash on hand December 1, 1890,
gave a grand total of $537,959.19.
The warrants drawn during 1897 amount to $525,520.07.
During 1898 the warrants drawn aggregate $171,058.40, and
the total revenue for 1898 amounted to $520,497; and during
1898 there has been paid out, on warrants and interest, $520,-
494.70, leaving the cash balance on hand December 1, 1898,
$2.70, but there were warrants outstanding on December 1,
1898, amounting to $337,049.21. And the total amount of de-
ficiencies for the two years aggregates $42,270.43.
By adding together the outstanding warrants on December
1, 1890, and the deficiencies for that year, we have a grand
total of indebtedness of $418,011.82. Deducting from this the
cash on hand in the Treasury, $21,239.38, left a net indebted-
42
ness of §390,772.44 to be met by the uncollected taxes of 1S98,
and by addini;- together the outstanding warrants on Decem-
ber 1, 189S, and the total deficiencies, we have $379,919.64 ; from
which subtract the cash on hand, $2.70, and we have the net
indebtedness of the State, amounting to $379,910.94, which is
to be paid and discharged by the uncollected taxes of 1898.
Admitting that the taxes for 1898 would not exceed those
of 1890, we have, notwithstanding, gained $10,855.50 on the
indebtedness of the State, besides maintaining several insti-
tutions during the past two years which were not in existence
prior to 1897. But, as a matter of fact, the taxes collected for
1898 will largely exceed the tax collection for 1890, by reason
of the fact that our assessment has been largely increased dur-
ing tlie two years and the delinquent taxes are much less, so
tJiat, on the whole, there lias been a very perceptible gain in
the financial condition of the Commonwealth during tlie past
two years.
I submit herewith an abstract of the condition of the gen-
eral fund, during the ])ast two years-
General Fund, 1897.
Dec. 1, 1890, cash in the hands oi the Treasurer. „ .$ 21,289 38
Transferred from School and other funds 13,075 12
Cash received during the year 1897 503,044 00
'V
$537,959 19
Paid out on warrants during the year $520,918 02
Paid on interest during the jeav 15,340 11
Transferred to the University income fund 1,700 00
73
$537,958
Balance cash in the hands Treasurer Dec. 1, 1897. . 46
Warrant Account, 1897.
Warrants outstanding December 1, 1890 $300,974 57
Warrants drawn during the year 1897 525,520 07
$892,494 04
Warrants paid during the year §520,918 62
Warrants outstanding Dec. 1, 1897 371,570 02
43
General Fund, 1898.
DtM-. J, 181)8, cash in theliauds of the Treasurer. ... 4(3
Keeeived during the year -loOSjlTl 02
Transferred from the Law Library fund 1,200 67
Transferred from tlie University Library fund. . . . ],2(>7 55
Transferred from tlie State Exaniincn-'s fund 3,:300 00
Ti-ansferred from the School funds 8,339 74
Trnusfcrred from tlie Soldiers* TTome fund 2,012 02
1520,407 46
I'aid durini; the year ou wni-rauts .^505,75(> 21
l*aid during the year, interest 14,788 55
1520,404 76
Dec. 1, balance cash in the linnds of Treasurer. ... $2 70
Warrant Account, 1898.
AYarrants ontstanding Dec. 1, 18'.I7 1^371,576 02
>\'arrants issued diirinu' the ^ear 1808 474,(558 4i)
.^846,234 42
AVarrauts paid during the year .'i^505,756 21
Warrants cancelled during the year 2,829 00
■ .f 508,585 21
Warrants ou.tstanding Dec. 1, 1S98 8337,649 21
This assembly, however, must not be lulled into indiffcM*-
ence or carelessness on account of the showing thus made, for
each year adds additional iHU'dens to the State which must
be met. The cost of maintaining oui- numerous schools, all
of which have ])een fully inaugurated with the (wception ot'
the School of ?.rines, the increased numbers in our State Prison
and Asylum, and in the l^eform Sch</ol, Orjdians' Home and
Soldiers' Home, all additional burdens which must be met.
We were enabled to make this showing largely by reason
of the legislation enacted by rli(» last Asseml)ly. Two of the
measures enacted by the Fifth Legislative Assembly call for
particular mention at this time. The one is known as the
"inheritance tax law." During 1897 the revenue for the State
produced by this law amounted to only 8136.56, but during
1898 the State has received as its portion of said tax the sum
44
of $0,912.72. This is a tax Avliicli liurts no one, and can, with
all i)roprietT, be hiitl and collected justh. I would call the
attention of this body to the first section of that law, and ask
that 30U amend it so as to make it more definite and certain
as to its meaninj;" and interpretation, and so that the taxes
collected under it may be ascertained and collected with more
certainty, and that real estate as well as i)ersonal property,
descendini'' to the direct heirs, be assessed for taxation under
ihe law. T would, also, if possible, make it more imperative
a& to just what assessment or appraisement of the estate
shotild be taken as a basis for collecting tlie tax, for in numer-
ous instances in large estates 1 have noticed an evident desire
to avoid the tax, by haAing an appraisement made for taxing-
purposes. The matter should be made so plain, definite and
certain that no one could evade the payment or levy of that
tax.
I desire further tu call your attention to the benefits result-
ing from the bill passed by the last Legislative Assembly, tax-
iu.g insurance companies doing ])usiness in this State. After
the passage of that law and during 1897, the total amount re-
ceived by the State for licenses and taxes from insurance com-
panies amounied to '^31,019.90, and during 1898 the collection
from that source aggregated 51^11,857.-1:2. All of this i-encnue
has been collected and received by the State witliout adding
(me additional dollar to the general public oi* taxpaycM-s of tin-
(Commonweal ll;.
The railroad assessment of this State a\ as largely increase*!
during the past two years from f 10,438,231. 08 in 1890, to |13,-
793,581.35 in 1808, or an increase of .f3,255,350.27.
How to Increase the Revenue.
Tn order to meet the additional burdens which will be laid
upon the State, T recomm(Mid for your consideration the fol-
lowing suggestions :
First — Amend the legislation relating to the incorporation
of companies and the increase of the eaj^ital stock of any com-
pany, so that each time the capital stock of the conipny is
increased, such increased capital stock shall be taxed at the
same rate as the original ca]>ital st(3ck in said corporation. As
45
the law now is, and as it has been construed by our Supreme
Court, corporations are originally organized for a very small
capital and the required fee is paid. Immediately thereafter,
the capital stock of the company is increased to any desired
amount, by an additional cost of only |5. This defect should
be remedied by legislation; and I would further provide, that
each active in(!orporation, foreign or domestic, except insur-
ance companies, alive and doing business in the State, should
pay an annual license fee of |20 to the State as a tax.
Second — Under the present s^^stem for the assessment of
bank stocks, notes and solvent credits, and for the lev}^ and
assessment of cash on hand, the attempt to make an assess-
ment has so far proven only a farce. In 1898 only $3,035,016
was assessed as the total value of bank stocks, notes and sol-
vent credits in the State of Montana, and only |1,080,522, th^^
total cash assessment of the State for the same year.
In my opinion the law should be made so explicit as to the
duty of the assessors in levying and assessing bank stocks,
notes and solvent credits and cash on hand, that they could
not avoid the responsibility imposed upon them. I believe se-
vere penalties should be the consequence" of their failure to re-
quire of each person a personal, sworn statement as to their
cash, notes and solvent credits. The State and private bank-
ing corporations and co-partnerships return little or no stocks
or securities of any kind. The law should impose it upon the
officers of each bank to give the names of the stockholders and
the interest held by each, the total amount of the stock sur-
plus and undivided profits, and require the president or cash-
ier to assess the whole of such stock or property for the several
stockholders according to the value of the stock surjilus and
undivided profits. Also, each and every individual should be
required, under the strictest penalties, to render an exact ac-
count of the money or cash on hand liable to assessment. And
it should be made the duty of the cashier of each and every
bank, if such a law can be enacted, to disclose to the assessor,
upon proper interrogatories, the amount of money standing in
the name of each depositor in the bank and liable to assess-
ment, and severe penalties should be imposed upon the asses-
sor for his failure to make such assessments, and likewise se-
vere penalties should be imposed upon the president, cashier
or other bank officer or individual failing or refusing to make
46
a proper assessment of the money, bank stocks, notes or sol-
vent credits on hand.
Under the present system of taxation, the only person who
bears his full share and proportion of taxes is the farmer with
a few acres of land, or the citizen who owns an lniml)le home
in town or city. These jjeople pay taxes upon th(; full value
of their property. The corporations and the wealthy classes
of our people evade taxation uj)on fully one-half of all tliey
possess.
Third — The valuable franchises exercised by foreign or do-
mestic corporations in this State, individuals or persons,
should be assessed at something- like their adequate value,
■^rhere are several express companies doing a large and lucra-
tive business in the State of Montana that pay taxes simply
upon a horse and wagon in the several cities of the State. The
different companies operating sleeping cars, refrigerator cars,
or other kinds of cars for the conveyance of persons or freight,
each and all exercise and have franchises that are valuable to
them ; these franchises should not escape taxation.
Under Section 16 of Article XII of the Constitution, it is
p^rovided that, "All property shall be asvsessed in the nuiuner
prescribed by law except as is otherwise provided in this Con-
stitution. The franchises, roadways, roadbed, rails and rolling-
stock of all railroads operated in more than one count}^ in the
State shall be assessed by the State Board of Equalization,
and the same shall be apportioned to the counties, cities,
towns, townships and school districts."
Section 15 of the same Article of the Constituticm prescribes
the duty of the State Board of Equalization as to the adjust-
ment and valuation of property between the several counties,
and although the wording of the Constitution as to the power
of the State Board of Equalization and the County Board
of Equalization of each county is identically the same, the
Supreme Court of this State has rendered a decision which
practically destroys all the power of the State Board of Equal-
ization, so that we are unable, in any instance, to increase or
diminish the assessment made by the assessors or the County
Boards of Equalization, so that the same will affect the whole
State. Where the language is identically the same, I cannot
understand how the County Board of Equalization has author-
ity to increase the assessment of the county, when the State
47
Board of Equalization lias no authority or power, under the
same language, to increase the assessment of the State.
Under these circumstances, 1 Mould recommend the pas-
sage of a iaw autliorizing the State Board of Equalization to
assess all such franchises as I have above enumerated for tax-
ation and a]>i)oriion the assessment among the several coun-
ties according to the value of the franchises exercised in each
county. And if it be possible for this Legislature to give effect
to tlu' Constitutional provision, by legislation, prescribing tlu^
duties of the State Board of E(iualizatiou, so that its power
of adjusting and eciualiziug taxes will not be destroyed, then
1 should recomnumd such legislation, but if it cannot be done
except by a Constitutional amendment, then the Legislature
ought to provide for the submission of such an amendment at
the next election. I^pon this point I call your attention to the
very able and exliaustive report made by our State Treasurer,
as Chairman of the State Board of Equalization, and recom-
mend it to your careful consideration, so that you may take
such steps as will correct the evils therein mentioned.
Fourth — In my opinion, the mortgages u})on real estate in
this State, held abroad, should be the subject of taxation, and
if a law is carefully prepared and adopted something similar
to the law upon that subject enacted by the Legislature of the
State of Oi'egon, I am satisfied it will not be obnoxious to any
Constitutional provisions, and will be the means of levying
an assessment Tipon a large amount of ])roperty that now wholly
escapes taxation.
Reduction of Expenses.
First — In order that voui- leuislation mav be effective auil
that the increased revenue Avhich we ask may not be squan-
dered and wasted, I call your attention to several matters
wherein the expenses of the State can be materially reduced,
without in any wa.A iui])airing the efficiency of the public ser-
vice.
In my previous message to the Legislature of this State, T
recommended a law cutHng oil' and abolishing all mileage
fees of sheriffs and othei' officers, jurors or Avitnesses, in the
transaction of public business. Also tlie reduction of salaries
48
in some instances, and legislation along this line was attempt-
ed by the last Assembly and a bill to that effect passed both
Houses, but through some connivance, it failed to reach the
Executive and did not become a law.
I desire to call your attention to a few instances of the abuses
to which this mileage system is reduced. During 1897 and
1898, 30 prisoners were convicted in Custer County and sent
to the State Penitentiary. The Sheriff, in order to convey
these prisoners to the State prison, made 28 separate trips,
traveling 896 miles each time, at 10 cents per mile. During
the same time 22 prisoners were convicted in Yellowston<'
county, and the Sheriff made 22 trips to put them in the State
prison. In order to send 40 prisoners from Silver Bow County
to Deer Lodge, it was necessary to make 39 trips. Each of
these officers was traveling upon passes furnished by the dif-
ferent railroads, and they were collecting mileage from the
state of Montana at the rate of 10 cents per mile, each way,
for making these several trips; and what is said of these three
Sheriffs is mainly true of other Sheriffs. There were a few
notable exceptions to this rule, namely : The Sheriff of Beaver-
head county and the Sheriff of Madison county. These latter
named gentlemen waited until the expiration of the several
terms of court held in their counties, and then carried all of
their prisoners at one time. The Sheriff of Madison county at
one time took as high as five ])risoners, carrying only one guard
with him, while I notice in the bills for the Sheriffs from Custei-,
Yellowstone, Silver Bow. and almost every other county in the
State, that they made their trips every other day to the peni-
tentiary, or just as fast as they could make one trip and return
with another prisoner. These charges of transporting prison-
ers to the state prison during the two years, amounted to .*^15,-
f^l2.35. The charge for transporting prisoners should be borne
by the several counties as much as any other charge connected
with the prosecution and conviction of criminals.
In addition to this, a law should be passed providing that
in counties where they hold only four terms of court per an-
num, the sheriff should keep all of his prisoners in the jail till
the close of each term of court, and then be required to carry
them all to the prison at the same time, taking as many guards
as are actually necessary for the safe keeping of the prison-
ers, and allowing the sheriff and his guard the actual expenses
49
of transportation, which should be borne by tlie county. tSnch
legislation will relieve the state from a heavy bnrden, and at
the same time relieve the conuties from these exorbitant mile-
age charges; and what T haAe said with reference to mileage
as to the transportation of i)risoners, shonld also apply in the
matter of transporting tlic insane to the asylnni and the
(liildrcn to the state refonn school; actual (expenses for sncli
V ork shonld be allowed and no moie.. to ho paid in each and
every instance by the county from whence the person is trans-
ported. And in the summoning of jiirors, witnesses, and all
the other work \\liich a siUM-ilT is caHed npon to perfoi-m, actnal
exi)enses shonld be allowed.
Theri^ is no nso in allovMn"' tiiis mileage statute to remain
u])on the boolvS, as an inducement for officers, witnesses and
<»tlier persons to make pnblic charges against the state or the
county.
Second — The constitution provides that the state sniireme
coni-t charges shall i)e ])aid l)y the state, and that oneduilf of
the salary of the several ])rosecnting attorneys thronghont the
state shall be borne by the state, and the other half by the
connties. There is no constitntional provision as to the salary
of district jndges; heretofore the state has borne this latter
(duirge. amonnting to .|45,500 annnally. I recommend that
yon make at least one-half of this amonnt a charge npon the
connties, to be paid proportionately where thei'e is more than
one county in the district, according to the litigation in snch
district — snch legislation as is now provided for the payment
of court stenogra])he]-s. This v\<uild relieve the state of i^22,lo()
annnal cliarge.
Third — Tender the present law, onr state warrants bear
interest at the rate of six per cent per annnm. They have been
snch an induccMiient to investors, during the last two vears,
that a preminm of one per cent has ])ractically been i)aid for
them. I earnestly recommend that you reduce the rate of inter-
est on state warrants to four per cent. The school ftmd be-
longing to the state will 1>e glad to g(»t them at that rate, and
by so doing, yon will relieve (uir general fnnd of an annnal
charge of abont .S5,000.
Fonrth — The time has arrived in this state when the legal
rate of interest npon jndgments. notes and other debts should
be materially reduced, and a law to this effect and providing
50
a^iainst usurious (•(nifi-ncis would receive my licarty approvnl,
ajid. T believe, the a])]H-oval of our ])eople ,i;-enerally throui;li-
out the state. The present law. as almost all laws, looks to the
interest of the Icuder. 'I'lie l)ori-ower needs more pi-oter'tioii at
y<uir hands — the huidei- will |)i-oteet himself.
I'ifth — Two years a.no. Ihc Icuislative asscmldy made an a]V
]u-opii;ii ion of .^(J.OOO jku- anuuui. for each of the two years, for
]»uhlic ]U-iu1iuii. This hus hoeii consunuMl, and a deficiency of
.'ir5,007.31 in (li;H fund exists. SometliiniA' slK)uld he done to
curtail this cost of public ]u-intin_i;. Onr constitution provides
for tlie printing' of tin^ (piarterly reports made hy the state
treasui'ci-. This alone costs at least •'^2,500 a year, when it is
of practicallv no henefil t(» any one. Tn the same wav, every-
thinu' that is done by any state or county officer is required to
be ])rinted in some pajier iu the state or county, and frequently
in more than one paper. This cliaroe alone is an onerou.s
luirden to the conimonAvealth, and the law should either ju-o-
'\i(h' for a reduction in tlie adviM-tisinij' and ]>rintin,!.>- raters, or it
should provide that many of the things now riMjuii-ed to be
published mio'ht be dispensed with in the discretion of the
state board of examiners. T nni satisfied tlmt this recommen-
dation will not be popular ^^ ith tho press of the state, but I
am impel 1(h1 to ta.ke this step by i-eason of the Hict that the
public printin.ii' charge is exorbitant and out of reason for tln^
ii'ood that it does to the commonwealth.
Sixth — Aiiain, before leavinii' this head of retrenchmem
find the reduction of expenses, I must call your attention to
the fact that leiiislators too often set the pace of exorbitant
^expenditures and appropi'iations by their own action. I trnst,
hoAvever, that your sense of duty to your constituents and to
the state at lartje will, at al! times, be sufficient to prevent any
indnloence in extrava^cant appropriations or unnecessary e\-
]»enditures in and about the transaction of your business whih>
yon are assembled here. For it is upon your v.ork. and the
character of the le.uislation that you may jiiAc to the state,
that depends to a cTeat decree the weal or w oe of our common-
wealth. Tlie ])arty imw in the ascendency in this state may
strono'ly intrench itself aiid fortify its position in the alfec-
tions of our people liy tliat wise and conservative course
v/hich will give to the state and its citizens the very best legis-
]ati<m possible and the most economical administration of pu'v
51
lie affairs consisteDt with efficient performance of public
functions.
During the legislative assembly an apportionment bill reap-
portioning the State for senatorial and representative districts
should l)e passed. I trust that in such apportionment,, you
will reduce somewhat the meinbersldp of the lower house of
rlie assembly. In my opinion, GO members is the outside limit
required at the present time. These, with the 24 senators re-
({uired under our constitution, v\0uld giye a membership of 84
in the assembly. This reduction in the number would some-
what curtail tlie expenses of tlie legislative assembly, and at
the same time they would perform just ns efficiently nil the
duties imposed upon the legislature.
State Bounty Law.
In 1897, I felt called upon to make certain recommenda-
tions with reference to the bounty upon gray wolves and coy-
otes. During 189G, 18,216 claims for the killing of coyotes
bad been tiled with the secretary of state. At that time, I
p(»iuted out the impossibility of paying this bounty wdth the
revenue then at the command of the state. This suggestion in
my message was met by the statement that the coyotes of the
state had been almost destroyed, and that from that time for-
ward we would see a large reduction in the number of bounty
claims for the few coyotes killed. In order, however, to pro-
duce more revenue, an additional mill and a half was imposed
upon the stock interests of the state for the purpose of paying
these bounties. During the past two years, it was proven, by
the arrest and conviction of at least one person, and the im-
prisonment of two others at Eozeman, that our state bounty
law was defective and that numerous frauds were being per-
petrated by reason of the failure of the law" to throw sufficient
guards around these bounty claims. Coyote skins have been
fraudulently imported from Chicago and Salt Lake, in order to
secure the large bounty our state pays.
The records of the office of the secretary of state show that,
during 1897, there Avere 22,082 coyotes, and 6,112 gray wolves
killed in the state, for which bounty claims w^ere filed. And
that, during 11 months of 1898, up to and including November,
20,797 coyotes have been killed, and 5,356 wolves, to which
should be added the claims that will be filed during the month
of December, 1898. This will undoubtedly bring the total
number up to the number given for 1897. The total cost of
these claims for 1897 is $84,582, and for 11 months of 1898, $78,-
459. It will thus be seen that the maximum number of
covotes killed had not been reached in 189G, as we were as-
sured at the time was the case. The increase has been more
than 4,000 per annum since that year.
I am constrained to believe that the bounty on the coyote
Kliould be reduced to one dollar, for this reason: the present
revenue is not sufficient to meet the present demands. The old
l)ounty claims, amounting to about $70,000 remain unpaid;
the ne\\' l)ounty claims are continually increasing, and the
hunters and trappers under these conditions are compelled to
discount tlieir claims. Another reason for this recommen-
dation is, that in hunting for the gray wolf, tlie coyote will be
destroved almost as effectually as he is today. The same
j;oisons and the same traps that are set for the wolf will de-
strov the covote, and the hunter who is hunting for the wolf
\^\\\ never allow a coyote to escape if he can prevent it. In my
opinion, the bounty on coyotes should be reduced to one dollar,
and the bounty on gray wolves increased to five dollars. This in-
creased price, with the assurance of a cash payment for their
claims, will induce a more systematic and thorough search for
these destroying pests, which will eventually result in the de-
struction of as many coyotes as at present, and at the same
time will also relieve the bounty fund as to make it possible to
meet the accrued demands; and such a law, if properly
guarded with reference to gray wolves would remove the
great temptation now paid as bounty upon coyote claims.
Our neighboring states pay only about $1 per capita for such
bounty claims, vrhereas we are paying $3, and the inducement
to import fraudulent claims into our state and make them a
jmblic charge upon our fund is a constant menace to us, and
requires a vigilance not hitherto exercised by our officials.
Reports of State Officers.
I trust you will examine carefully the reports of the secre-
tary, treasurer, auditor, attorney general and superintendent of
53
piiblif iii.slriictioii. IJiesc will tiisclose the coiidit ion of affairs
as to the several elective officers, and the thoroiiiih manner in
\\lii(li ihey June (lisciiarued iKci!- duties. It will iic observed
tJiat the present treasurer lias kei)t a nrach lariier amount of
the school fund inve*^ted than foi-m'/rly. and no cash is allowed
to accuiiiulate in ilic ucneral fund. It is [>aid out as fast as
collected, and interest on state ^\arrants is thus curtailed to a
minimum. It is niy (^ii-iiesi request and desire that during
your session, you will consider carefully the reports of the
several appointi^■e state officers, for by so doing you will ac-
quire a more accurate and thorotigli knowledge of the business
affairs of each department of the state, and these reports are
the best guarantees of the faithful perfoi'mance, by each and
evei'Y ofticer of the duties imposed upon him by law.
I desire to call your attention particularly to the report of
the ]-egister of tlie state laud office, which is most gratifying to
every one intei-ested in that important branch of our public
affaii'S. Air. ^foore entered upon his duties as state register
in ^farcji, 1897, so that during that year he really performed
but nine months' labor in his official position, but the results
accomplished were gratifying and, indeed, Avonderful.
I submit here a table, slio>\ing the funds received during
the years 1S96, 1807 and 1898 as follows:
Gross receipts of State Land Office for the year:
I89r> I 11,558 . 52
1897 102,886.53
1898 126,833.71
These Jigures iiulicate the maiiniticent results achieved by
I he officer of the state land office in tlius so vastly increasing
the revenues of the state.
The receipts for 1898 are di\ided as follows:
Permanent scIio(d fund f 37, 739. 96
School income fund 52,585.22
Permanent tmiversity fun<l 4,727.90
Tni versify Ixmd fund 8,804.55
State capitol building fund 3,088.72
School of mines fund 2,147.48
Normal school fund 6,342.46
Agricultural college fund 3,044.00
Deaf and Dumb asylum fund 2,403.90
54
A careful peviKsal of this hitter report will be very i^ratify-
inii' to each aud everv one of aou. I'^roiii the above it will be
noticed that our school income luud tor tlie past year amounts
to more than .§5:2,0()0. This sum for distribution among the
school children e(iuals, oi- is in excess of, |i per capita for each
(liihl of scliool age in (he state, whereas, during the eight
years (tf our existence as a state prior to 1897, tliere had only
been one distribution of public school funds among the chil-
d]-en of school age, and it is now assured that tlie annual dis-
tribution will exceed |1 per capita.
Report of Inspector of Mines, Inspector of Boilers
and State Examiner.
The report of the inspector of mines is very interesting and
insTrnctive as to this one of our greatest industries in the
state. Tlie state boiler inspector and his deputies have done
tlieii' work thoroughly. Tliese ofAces, together with that of
state examiner, are each self-supporting. The receipts of each
of tliese three officers, in fees, for the performance of his duty,
exceeds the salary aud expense of the office, and they are each
revenue producers, in that respect, to the state. Too much
cannot be said as to their efficiency, and the great industry
and ability shown by each in the discharge of his duty.
The office of state examiner has been created for about fou!*
years. During the first two years of its existence, only six
counties of the state were examined; but the present incum-
bent and his assistant, during their term, have examined each
of the 24 counties of the state twice, making, in other words,
48 examinations of the 24 counties within less than tAvo years.
In addition to this, they have examined our state l)anks in
the state with the i)ossil)le exception of the Cruse Savings
bank. Their report gives in full all the information that can
he desired with reference to the operations of this office and
ilic legislation AAhich the examiner deems necessary for more
i^erfect and harjiionious conduct of public affairs.
I believe every boiler in the state and every working mine
has been thoroughly examined by the present incumbents of
the offices; a record for ^\lli(•h they are entitled to tlie highest
credit.
55 -■
Bureau of Agriculture.
The bureau oi" agriculture has been presided over during
the past two yeai's by Ron. J. IT. Calderhead, and his report
speaks for itself. A Aast amount of information, liitlierto un-
secured from any rsource, is given to the people of the state
througJi the medium of that office, and too much cannot be
said in praise of the conservative and business-like methods
that have characterized the adiniuistration of the office by Mr.
Calderhead.
Arid Land Commission.
Under the law passed by tlie Fifth legislative assembly, the
arid land commission was organized by appointment of the
following gentlemen : Ex-Gov. J. K. Toole, of Lewis and
Clarke county ; Hon. C. O. Heed, Hon. Donald Bradford, of the
same county; Dr. A. H. Mitchell, of Deer Lodge county; and
Hon. T. C. Marshall, of Missoula countj^ These gentlemen
went to work in earnest for the purposes of carrying into ef-
fect the legislation enacted with reference to the reclamation
of arid lands under the Carey land act. They have at least
three canals surveyed in the eastern part of the state, namely :
in Sweet Grass and Yellowstone counties, which, if completed,
will bring under cultivation about 75,000 acres of our arid
lands. A contract has been let for the construction and com-
pletion of two of these canals, reclaiming about 53,000 acres,
and I am reliably informed by tlie commission that every in-
dication points to the successful completion and carrying into
effect of that contract. If this shall have been accomplished,
that of itself will be forever a monument to the industry and
energy of the present commission.
Veterinary Surgeon.
The present incumbent of the office of veterinary surgeon
has undoubtedly given to the people of the state and espec-
ially to the stock-growers, the most thorough and earnest at-
tention to his duties. He has always responded to each and
.'id
every call, even ^\lien, at times, the expenses of travel were
borne by himself. The amount appropriated for the expenses
of the office was inadequate to a full and complete discharge
of all the duties devolving upon the officer, but Dr. Knowles
has not hesitated to spend his own money in order to assist
and protect the stockmen of the state against infectious and
other dangerous diseases to which the stock interests of our
state are subjected. The information that he has given to
the stock-growers and stock-raisers of the state with reference
to the treatment and protection of animals against disease is
of vast and incalculable benefit, and I trust that such legis-
lation will be enacted, and such appropriations made as will
give to this officer every opportunity to thoroughly protect the
stock industries of the state, for there is no industry that is
more perilous or hazardous than that of stock-raising and stock-
growing. Tliey are subjected to all sorts of infectious and con-
tagious diseases, to the destruction and ravages of gray wolves
and other pests, and to the rigors at times of inclement winters.
These dangers to this great industry require at our hands most
vigilant and careful watching, in order to diminish, as far as
possible, the loss to our stock industries.
Adjutant General.
The report of the adjutant general of the state is complete
and exhaustive. It gives a full and complete roster of each
and every one of our citizens that responded to the call of our
country in the late Spanish-American war. It is gratifying
to know that through the able and efficient management and
control of the adjutant general's office of this state, Montana
was the first state in the union to respond to the call of our
country, by having mustered into its service a regiment of
our citizens, ready to perform any duty imposed upon them
by the higher officers, and in addition to the regiment of in-
fantry thus furnished, four troops or one squadron of cavalry
was also enlisted from Montana, making our total number fur-
nished 1,366, whereas our quota called only for 524. The
regiment of infantry was sent to the Philippine islands, where
it is now stationed, and although seven members of that or-
ganization have succumbed to the grim reaper, it is gratifying
57
to know lliaL I he health, (Lif^eipiine and efficieuey of our regi-
uieut far surpasses that of any other \-oliiiiteer regiment trans-
ported to those distant lands.
The caAalry rendezvoused al ('amp Thomas, or Cliieka-
jnauga park, where they remained until I hey were mustered
out in 8eptend>er, after the (dose of liosi ilities. I am not abso-
lutely certain, but I believe that llieir tolal loss was only four
men. Tliis is certainly a gratifying and splendid showing for
our soldier boys, and it is to be hoped that no more of them
will be sacrificed, until they can be returned to their homes,
their friends and their country.
The cost: of nia.intaining the militia of the state during the
]>ast two years was reduced to a minimum. The cost of mobil-
izing and mustering in the regiment was something over $2,700.
This sum, we are assured by the government will be re])aid to
the state. At the present tinu' the militia of the state con-
sists of one battery, under command of Capt. ]Moore, sta-
tioned in this city. At the time of the call to arms, every com-
])any or troop organized as a part of the national guard of the
state, volunteered with alarcity and responded almost to a
man. The efficiency of the organization greatly aided in the
rapidity with which it was mustered into the service of the
United States.
STATE INSTITUTIONS.
I shall very bi'iefly call your attention to the condition of the
diffei-ent i)ublic institutions of our state. • ,
State Capitol Building
The I'ifth legislative assembly passed an act re]>ealing the
act passed hy the Fourth legislative assembly for the erection
and construclion of a Slate ca])itoi building to cost |1.,000,000,
and in lieu thereof, provided for the erection and construction
of a building at a cost not to exceed $:)00,000, and for the tak-
ing 11]) and payment of the ontslanding obligations of the for-
mer commission, amounting (o ■*|(;4(l,00((.
A complete history of what has been done with reference to
the construclion of the ca])itol will be found in the report of the
eapitol building commission, which von Avill find ujDon vour
' 58
desks. Sutlice it to say, tlint uiidci- the act passed 1»\ the Fifth
legislative asseinbly, a new coniinissidii was created, l»y the
appointment of Hon. Eliziir JJcacli, of Lc\\ is and Chii-kc county;
iloii. 1). K. i'olsoiii, of Meaiiiiev connty ; il(»ii. -I. .M. I'ox, of Cai--
bon county, and lion. A. I). I'cck, of Deer Lodge county, who
together w ilh the e.vecuriAc of the state, coniixiscd the cai)it(d
building commission.
^Y^' organized, and before proceeding furtlicr in any way to
create an expense, undertook to lin<l a purcluiser for the $350,-
(M)0 worth of l)Ouds authoi-ized by the act. Not succeeding
during 1897, in January, 1SU8, \\(' thought ])robabk' that if wc
conld raise sufficient money to pay the arcliitect his f(M' and
commissions, lluit we might iind s(»in(' contractor who was
Avilling to erect the building and take the bonds in ]>avuient.
After due advertisement and consideration of all bids, .Messrs.
13ell & Kent, of Helena, were selected to prepare the jjlans
and speciljcathms for the new capitoi building and to super-
intend the erection and construction of the same, at a total
cost of 18250. ]*efore these plans had been fully pei-fected
and completed the capitoi bnilding commission were gratitied
to knoAX' that one of our own citizens of the State of 3Iontana,
and of the city of Helena, ^Nh-. Tlioinas ('ruse, canie forward
and agreed to take the whole issue of the capitoi bnilding
bonds at par and pay for them at such times and in such
amounts as the commission luight requii'e, only charging the
interest on the money advanced from time to time of its actual
leceipt by the commission. Having thus secured the funds
and the plans and specifications for the capitoi building, on
the 13th day of Septeniber, 1898, ^^•e h^t a contract for the
bnilding of the State capitoi building, at a cost of 1289,821, to
Joseph Soss, a citizen of Entte, with ^^ liom was associated H.
L. Frank, of the same city. They inimediateiy went to work
in an energetic way, and at the present time the foundation
of the capitoi building is almost completed. The warrants of
the old ca])itol commission, outstanding, were bearing 7 per
cent interest. AVe immediately called these in and paid them
off, and have issued bonds in lieu thereof, bearing 0 per cent
interest. A full history of the linancial transactions of the com-
mission A\ill be found in tlie report submitted for your in-
spection.
We are assured bv the contractor that the buildinu, will be
59
iiuislied and completed in May, 1900, so that the next legisla-
tive assembly, instead of being called together in the narrow,
close and unhealthy quarters to which you are subjected, will
be able to assemble in spacious, elegant and well ventilated
rooms and buildings, and can enjoy to some extent the pleas-
ure of our new State home.
University
The last Legislative Assembh^ provided for the issuance and
sale of |100,000 worth of bonds, secured by the rents and
prolits of the lands granted to the State University, for the
purpose of erecting University buildings at the city of Mis-
soula. Under the law a commission, consisting of Hon. Al-
fred Cave, Joseph K. Wood, George L. Iliggins, Reuben Lati-
mer and E. A. Winstanley, were appointed for the purjDose of
constructing the University buildings. They adopted a Avise
course by reserving a part of their funds for the purpose of
equipping and furnishing the University. Plans and specifi-
cations for two splendid buildings — known as the main uui-
versitv building and science hail — were secured and contracts
let for their construction, at a total cost of about $80,000.
These buildings are almost completed, and I am assured will
be finished bv the first of Februarv ensuing. This leaves a
fund of about |20,000 to be used in furnishing and equipping
the university with the necessary apparatus, laboratory, libra-
ry and other paraphernalia for the institution.
Our University has made rapid progress since it was first
inaugurated, and June 8 last the first graduating class from
the Universitj^ received their diplomas, and upon the same
dav the corner stone for the future home of the Universitv
was laid Avith appropriate ceremonies. Too much cannot be
said of the gratifying results of the school and of its economi-
cal and careful management.
Agricultural College and Normal School
Two years ago, when I had entered upon the duties to
which I had recentlv been elected, I found that the work in
the construction of the Agricultural College and the Normal
60
School was draggin.c;- exceedingly slow, the responsibility for
which, to a large extent, rested with the State architect. He
Avas at once removed and C. S. Haire employed as State ar-
chitect. He began vigoronsly to crowd the contractors to com-
plete these buildings. It is gratifying to say that both insti-
tutions have been fully completed and schools have been inau-
gurated in each. At the former, about 200 pupils are in at-
tendance; at the latter, about 80, this being the second year
of the Normal school.
Deaf and Dumb School
In January, 1897, the work upon the Deaf and Dumb School
building, at Boulder, had practically ceased, for the reason
that the contractors were unable to realize upon the war-
rants issued for the construction of the new ])uildiug. For
some cause or other, after the appointment of Mr. Haire, and
the beginning of the new Administration, the warrants found
a ready market and the contractors v/ere compelled to rush
the building to a completion, wliich has been accomplished
and the school at Boulder has been fully installed in its new
(piarters. Under the law, as jt now stands upon the statute
books, the deaf, dumb, blind and feeble-minded are author-
ized to enter this institution. I am constrained to believe that
the intermingling of the feeble-minded with the deaf, dumb
and blind of our State will be a serious hindrance and draw-
back to the institution. Separate and distinct quarters should
be provided for these unfortunates, to be controlled and man-
aged by the same board and faculty as controls the school
for the deaf and dumb, but the inmates of the two schools
should not be permitted to <"ommingle or come together, as
they are under the present law.
School of Mines
The last of our educational institutions to be completed,
though perhaps not the least, is the School of Mines, at Butte.
For the successful completion of this building all credit is due
to ex-Governor Bickards. The w^ork upon this institution had
61
ceased eoiupleteh' prior to 181)7, hut after his retirement from
office he iiumediately Nxcnt to work amoiiL:; his fellow citizens
at Hiitte, and ])rocnre(l suhscriptioiis sufficient to take up all
the necessarv warrants for I he com])letion of that huildinij,.
The same has heen thoroughly compleled ;iud is now ready
lo i-('c('i\(' its fnrnitui'c and lune the school installed, but nn-
roriunaieiy, tiie funds of the State have not heen snfficient to
furnish or eipiij) the Ijiiildini^ or maiulnin the school. It is
lioped, ho\M'\('i\ llial this L-e^islat urc will ]»ro\id(' for I he open-
jni»' of the school at tiie lK'ij;ii!iiiui; of the next school year in
181)1).
I>y the eneriietic action of (he i-ejj,isler of the State Laud
Office, llie rentals and rcceipis arising, from the lease and sale
of the lands and timber beloni^inii to the School of .Miiu'S
.•;ranl, a i-evenue exceedini; >f-l:,()(l() annually is assured. 1 there-
fore recommend to your considerat i(tn that you repeal the law
anthorizing thi» sale of bonds at (i i)er cent and that you au-
thorize the sale of bonds bearing i per cent interest, and, if
possible, under our ('onstitu(ion, vow gi\'e such bonds such
;» guarantee as \v\]\ assure purchasers the r(^gular and punc-
tual payment of tludr interest, or that you authorize the Treas-
urer of th(^ State to invest the permanent school fund or
enough thereof to take uj) such bonds, at the rate of 4 ])er
cent per annum, the school fu.nd receiving the benefit of the
interest. This I am sure you can do without violating any
Constitntional ]»roA'ision, for the income nnd revenue derived
from the lands will un(pu.'stional»ly meet tiie interest of the
bonds at 4 pei- cent. 1 trnst this will receive yonr immediate
;ind thoi-ougli consideration.
Reform School, Orphans' Home and Soldiers'
Home
Upon an investigation made by :i committee of the h'iftli
j.egislatiA'e Assembly into the (ondnct and methods i)ertain-
iug in tlie lieform School at .Miles (/Ity, it was deemed by me
necessary to the ]iroper management and condnct of that in-
stitntion to make a change in the superintendence, and in do-
ing so. Hon. r>. r. Whit(\ of I'ergus County, was selected as
()2
director of the seliool. This jjosition he has in;)inlaiii('(i ever
since, and his wife lias been the matron of the iiistitntion. Tie
entered u])03i ihe dis(liar<ie of liis duties mi(h'r circunistanees
rah-idated to disliearten almost any one, hut h.v faithful, ])a-
lient and ener<ietie \\orl< he lias su('ceede<l in ••cstorinii ]U'V-
feet order, confidence a.iid discipline in the insritiifion. and at
the same time, Avitli increased niiniher of inmates, has rc-
dnced the cost of maintainin.u the school as comi)are(l with
the ])recedinsi- years. Dm inn Ihe ]>ast hvo years a jterfect and
complete sewer system has been installed at this institntion at
a cost of son.iethina' over 84,000. F(>i- this pnrjjose only i?2,500
Avas appropriated by the last Lejiisiatnre, wliid) at the time
>v as known to be insnfficienr. The iniperalixc necessity of
having" a sewer system to prevent sickness was onr excnse for
exceeding' the appropriation uiven by the last Lesiislature, and
T trnst that yon may see fit to affirm onr action in this res])ect
by pasing the necessary deficiencv appropriation. There has
also been constrncted a cellar for the jjreservation of vegeta-
bles at this institntion, at a cos! of abont .1^400. This was a
necessity that we were comjielled to allow and order the con-
strncti(m of. Upon the whole, I believe that the gencM-al tone
and standin'j' of the school, thronghont the state has been
materially enhanced within the past two years, and I believe
that the inmates of this institution, under the management
(if Director White and his worthy wife, will be greatly im-
proved and be better prepared to make good citizens of oin-
O^inmonwealth .
Rev. Wylie ^fonntjoy was selected by tlie local board as
snperintendent of the Orphans' Home. Tn this institntion
there are about SO inmat(^s, tlie wards of the State. Dnring
the past two yeai-s, a hos])ital building, at a cost of abont
$1,800, and a school building at a cost of S:^,000 liave been
erected for this institution. The management has been i)leas-
ant and agreeable and the appropriation made by the last
Legislature was almost snlticient for the needs of the institu-
tion.
Since the adjournment of the Pifth Legislative Assembly,
the Soldiers' Home of [Montana has been formally o])ened for
the reception of inmates and at the present time, I believe,
abont 50 of the old soldiers of the State find in this place hos-
]>7table cheer -.md welconse and protection in their infirmities.
U3
The commandant J Captain Hilhnan, seems to be well suited
for the position, and everything that can be done to make
tliese urifortnnote defenders of our country pleasant in their
maturer years, is being done. TJie report of the Board of
^Managers is open to your insi)ection as to tlie appropriations
and the requirements of the institution, and I ask that you
aive the same careful consideration.
Insane Asylum
In my message to the Fifth Legislative Assembly, I recom-
mended that tlie Legislature take some action to\Yard securing
for the State a home for our insane and feeble-minded. This
recommendation, tlii'ough tlie congestion of business, failed
to become a law. I have nothing l)ut words of praise for tin;
management of our present asylum, and believe that the per-
sons having the same in charge are as well calculated for the
duties imposed upon them as any who could possibly be se-
lected. Their treatment is undoubtedly humane and kind and
evervthing is done that can be done toward giving relief or
perfecting a cure in these unfortunate citizens. But the pol-
icy of this State in letting out by contract the keeping of our
insane and feeble-minded is one at which the mind Avill nat-
urally rebel. The number of inmates, according to the last
repci-!. (if the Board of Commissionei-s of the Insane, is 457.
This has been an increase of 45 dui-ing the past year. At the
time I entered upon the discbftrge of my duties as your Exec-
utive, the cost of keeping tlie insane was 00 cents per capita
jver day. This cost, since ^[ay last, has been reduced to 65
cents per capita per day. This figure, according to my inves-
tigation, is the highest figure paid Iw any State west of tlie
^lissouri river. I did not make anv investigation as to thi}
instittitions Ivinc east of that stream.. If this Legislature can
devise a proper scheme, either for the purchase of the present
(Quarters, or for the erection of new quarters, to be under the
control and management of the State, the same will meet
v.ith my most hearty and cordial approval.
The mainstay of our ])resent iisyliim, a man of great integ-
rity and kindly chracter, Dr. A. II. ?ilitc!iell, has gone from
us and we must now look to nmv men to manage this institu-
tion if left to private contract.
64
Penitentiary
During the past two years a new penitentiary building r>t
Deer T.odge lias been entirely completed and other improve-
jnents in the way of electric lights haye been added to the
institution. Tlie management is now, as it has l)een for a
number of vears past, under contract to Messrs. Conley &
iMcTague, and their conduct and management deserye the
highest enconium and praise ar ii'v hands, because I beliey*.-
no better suited persons could be found to control and man-
age the inmates of our State prison than these gentlemen.
This is eyidenced by the yery few complaints that come to uui
and by the fact that there are, practically, no escapes from th*-
institution. The prison is about as safe from fire or other dis-
aster, as it is possible to be, and the chances of opportunities
of escape are reduced to a minimum. It is kept so perfect
and cleanly that we have little oi- no sickness or complaint
of any kind coming from tbe inmates.
Omaha Exposition
During the year 1S9S there was held at Omaha, in the vState
of Nebraska, a Transmississippi and International exposition,
designed especially to display the resources of the States ly-
ing west of the Mississippi river. Th.e Fifth Legislative As-
sembly of ^Montana appropriated |15,000 for the purpose of
making a display of the resources of Montana at that expo-
sition. This sum was subsequently augmented by a further
personal donation of >;15,000 from the Hon. ^Nfarcus Daly of
Anaconda, who, in every way possible, gave to the exposition
not only his money, but everv encouragement and friendly act
or advice possible to make of it a complete success. W. H.
Sutherlin, of ifeagher County, was designated by me as com-
missioner to take charge of the matter of securing and install-
ing the exhibit and superintending it throughout the exposi-
tion, and it is but fair to say that in every respect 3[r. Suther-
lin exhibited the qualities necessary to make a successful ex-
hibit of our resources. With the money at his disposal he pro-
cured all the space necessary for our mineral exhibit, agri-
cultural exhibit, horticultural and forestry exhibits, and for
65
a (li>--])lay of The works of our ('ducational institutions, and in
each insralled an exhibit worthy of onr State. In addition
to this, he erected and fnruislied n])on the "ironuds a Montana
hnildinii or home at a cost of about |G,()00, the buildiui»- alone
costinu- about S4,000. This was sohl at tlu^ close of Ihe ex-
l>osition for fS50, the Jaruest sum obtained for any Strife
buildinii' upon the Jirounds, althouiih ours was tlie cht^apest
1)uildin.ii- erected. Tlu^ furniture that was not worn out and
destroyed durinii the occupancy of tlie buildinu has all been
i-eturned to Montana wliere it can and will be used, or the
most of it, in our dilferent State institutions. It is not boast-
in_ii' to say that our mineral exhibit was far superior to any
(Hhei* dis]?layed at the exposiiion, and in our horticultui'al
exhibit we wei-e sec<uid onlv to the State of Idalu), rankinu' as
second au'l socni-inu tin- silver medal for our display. This
was due in a larue measure to the prefection of our fruit and
its freedom from insect pests to destructive to horticultural
interests, and if it is possible to enact laws that will ])revent
the introduction of any of th.e insects or pests that have ruin-
ed the fruit tre;'s of older c(>iamunities, it is my earnest ad-
xice that you do so at once. This can be done by forbidding;
the importation into our State of any fruit or fruit cases not
thoi-ouuhly inspected and free from these bliuhtinii' insects.
Our aiiricultui-al exhibit, in the matter of small jirains and
j^rasses, was not inferior to any other display; in fact, tlu»
whole exj^osition was a success so fai' as advertising,' the re-
sources of oui' State is concerned.
Railroad Commission
In my messai'e to the Fifth T/'uislative Assembly, I suc;-
pested the advisability' of ci-eatinu- a railroad commission for
the State of ^fontana. That sugiiestion T now reiterate and
confirm. The railroads traversiuii' our State, durinii' the ])ast
,"\ear, have responded somewhat to the popular demand and
reduced the cost of local passenger travel o 4 cents per mile.
This concession our people doubtless appreciate, but in many
respects a commission Avitli proper authority can be of oreat
benefit, not alone to the people of the State, but to rhe rail-
road corporations as well, in rlie management and control of
66
the ti-aflic. ii'^ well as rlu' (•■.st diai-iics Foi- the transportation
of ])assen<>-o]'S and frciiilil. 'I'iic ciiniiiitciicd lei^islatioii of re-
cciil years (icuiMiisn-ates llu' practicaWilil y and tlie necessity
(d' a railroad comniission. Almost every State in the Union
lias found it necessary to enact laws creatini;- i-aili'oad c<»tninis-
sions. and iiivinii- them i)<)wers for the necessary dis(diai\ue of
ilie dnties imposed npon them by law. T commend to yonr
consideration tlie law with reference to the railroad commis-
sion and its pcnvers as passed by the Lei>islainre of California.
I do not believe tliat it is necessary to impose additional bni--
dens or (.ffic'^s n]>on tlie ])eo])le of the State in oi-der to create
sn(di a commission. Tlie State officers of .Montana are per-
liaps worked as hard as any similar officers in any common-
wealth in the Union, l)nt 1 believe, as far as I can jndiie from
the tem|)er of the people of this State, that if we shonld impose
upon any of those olficcM-s tln^ dnties or railroad commission-
ers and prescribe those dnties. they wonld cheerfnlly nnder-
take and faitlifnlly dischariie the trnst, without additional
cost or burden to tlie ])eopl.^, but if, in yoni- wisdom yon
siionld see fit to make such olfices separate, either by a]»point-
nient or election. I am satisfied that yoni- action would meet
with the approval of the citizens of our <()inmonwealtli.
Trnstimi' that yon will uive to this (piestion sucji considera-
tion as the importance of the snbject demands, and that, if
such meets with your approval, yon will ])ass sm-h laws as
will iiive protection ami eqnal and exact justice to the c(trpo-
rations and to onr yjeople alike.
Investment of School Funds
Our State Treasnrer n(M\ has somethinii' over |200,0(M» of the
perm.anent school fund of the State for investnuMit. And al-
though I know that tln^ Tn^asnrer has e.xerciscMl all diliiience
possible to secure its investment under the ])resent existing
laws, a very large proportion of it still lies idle in his hands,
f(n* the reason that he has been unable to find such invest-
ments as the Constituti(ni and tlie laws in force require.
I suggest to you the advisability of providing for its invest-
ment in the bonds of our State institutions, such for instance,
as the Schools of Mines and the Deaf and Dumb School, and
07
other institutious under the guardianship and control of the
Leo-islature of this State. It seems to me that as to these
bonds, Ave ought to be willing to risk the investment of our
own school funds in bonds over the control of which your au-
thority is absolute.
If, in yonr wisdom, you see fit to pass a resolution, asking
congress to submit a Constitutional amendment providing for
the election of United States senators by direct vote of the
peoi)]e, such a course will lune my most cordial endorsement
and approval, for I am lirmly convinced we cannot too soon
resort to this more democratic method of eh'cting our senators
m congress.
Before closing this message to you, I desii-e again to reitei'-
ate what I have alreadj^ said as to the necessity of keeping our
appropriations strictly within the limits of the ]*evenue at our
disposal. Every effort that can be made to reduce the cost of
taxation which our people bear in maintaining the State,
county or city governments should l)e put forth by you to min-
imize these burdens. Extravagant legislation or appropria-
tions should be discountenanced, and the most economical ad-
ministration of public affairs consistent with efficient dis-
charge of public duties is required, all of which I bespeak of
this Assembly.
Trusting that you may at once begin the impoitant matter
of your legislative duties, so that you will not find a congested
mass of undevised matters to confront you in the closing days
of the session, and hoping and believing that you will give to
each measure that due consideration which the importance of
the subject warrants, I submit the matter to your hands,
ready and willing to co-operate with you, at all times, in any
effort to better the condition of our peox)le and of our beloved
commonwealth.
ROBERT B. S:MITH,
Governor.
68
Message in Reference to Capitol Building Com-
mission
Helena, Montana, January 25tli., 1899.
Mr. Speaker and Gentlemen of the House of Representatives :
Under the present kuv the Capitol Building- Commission
can only expend |;300,000.00 in building and furnishing the State
Capitol, In order to secure a fire proof building of sufiflcient
size to accommodate the needs of tlie State, the commission
was compelled to specify imitation marble for the wainscotting
in the corridors and public lialls and court rooms. We have
felt and still feel that our State Capitol should have a better
linisli and trimming. "NVe liave, therefore, had our architects
make an accurate itemized bill of the extra cost of putting Utah
onyx in as wainscotting in the halLs, corridors and other public
rooms. The separate cost for each corridor, hall and room men-
tioned is specified in tlse accomx)anying list. The total cost
for all halls, corridors and ]"ooms where it is desirable to use
onvx trimming is §18.944.05. T would also suogest that there
is no fund available sufficient to grade and beautifv our
Capitol grounds. The cost, according to the estimate of a
competent engineer, is about |12,000.00.
I trust you will see your way clear to provide a sufficient
revenue and make an api)ropriation to meet these items.
Otherwise our building will not present that vsplendid appear-
ance and artistic finish which should mark the taste, culture
and refinement of our people.
Yevj Respectfully,
ROBEKT R. SMITH,
Governor.
69
Message in Reference to Cable Message From
Manila
ExecutiA-e Office, Helena, Montana, Febniarv, 7, 1899.
Mr. President and Cxentlemeu of the Senate:
I3elievin2,' tliat you mav l>e interested in the result of the
recent battle at ]\ranila in so far as it affects the lives of our
own soldiers, I transmit herewith a copy of a cable message re-
ceived this niorninu' from Tolonel Kessler. r-ounnnudinii tlie
leiiiment.
Yerv Iiespoctfully,
ROBERT B. SMITH,
Governor.
Keceived at Helena, :Moiir., l\^b. 7, 1899.
:vranihn 8.
( 'overnor,
Helena :
None killed ; six sliulitly ^\■oulKle(l.
KESSLER,
4 :29 a. m. Feb. 7.
Message in Reference to Improving General Fund
of the State
Helena, :Moutima, February 13tli, 1899.
Ml'. Speaker and Gentlemen of the House of Representatives:
The Lei;islati^e Session is imw ra])i(lly drawiui;- to a close
<',nd so far ver}- little lias been done toward inii^roviuij;- tin?
levennes for the General Fund of ilie State. The appropriations
yon are called npon to make slionld warn yon of the absolnte
necessity of pr(nnpt and intelliiient action to the end that the
reveune may be increased to meet these imperative needs. I
snj»<j;ested in iwy message several methods of increasing the
revenue without imposing additional taxation, also several fea-
tures wliereiii the expenses of the State conld be rednce*]. Tf,
jiowever, these recommendations ( annot be enacted into laws,
1 would suggest that you pass an income tax law, taxing all
incomes in excess of one thousand dollars a certain per cent,
say one-half of one per cent. This would ])roduce a very con-
siderable revenue and there is lertainly no nn)re just or e(iuit-
able system of taxation than tliis. ^'one are so able to pay as
those who have incomes, and the larger the income the more
abundantlv should each good citizen be ^\'illing to contribute
lo the support of tlie State that guarantees protection to his
rights both of person and property. Before it is too late you
should also provide for the proper application of the thirty
thousand dollars covered into the treasury on account of
charges of briberv. A reasonable time should be allowed for
any one desiring to prove ownership to do so, and, after the
expiration of that time, if not claimed, it should revert to the
State for siuh purposes as in your wisdom may seem tit and
proper.
Very IJespectfuTv,
ROBERT B. SMITH,
Governor.
71
Message in Reference to Montana Regiment of
Volunteers
Helena, Montana, February 13tli, 1899.
-Mr. Speaker and Gentlemen of the House of IJepresentatives :
On the 10th of this present montli the ^lontana Kegiment
of Volunteers were again called upon to do battlefor "Our
llag," and from the press reports it is shown that they bore the
burdens of the fight and acquitted themselves gallantly.
Twenty-four officers and men were wounded and one private
Ixilled. I trust your body wiJl take such action as may be
appropriate in public recognition of their gallant conduct.
Very JJespectfuUy,
KOBETITB. SMITH,
Governor.
Message— Veto of House Bill No. 22
Helena, Montana, February 16tli, 1899.
y\v. Speaker and Gentlemen of tlie House of Jiepresentatives :
I am constrained to return without my approval House Bill
No. 22, a bill appropriating .^405.70 for the relief of William
J. Fransham for care and attention furnished to John A. AUen^
for the following' reasons :
Allen ^\'as deputy sheriff of Gallatin County at the time he
received the ^\ound from which he died. He was an officer in
the employ of the county, and if while in the discharge of his
duty he became injured or incapacitated so that he could not
provide foi- himself he Tsas, under Section 3203 of the Political
Code, entitled to support and care from the county. Every
(•bligation, both moral and legal, rests upon the county to pay
this claim, or at least any just claim for the care and attention
to Allen, and there is no obligation on the State to furnish such
aid. Again, this bill is in direct conflict with Section 20,
Article V, of the Constitution which declares: "No bill shall
be passed giving an extra compensation to any public officer,
servant or employe, agent or contractor, after services shall
have been rendered or contract mad(\, nor providing for the
payment of any claim made against the State without prev-
ious auth(\»rity of laAv. except as may be otherwise provided
herein."
There is no pretense in this case that there was any con-
tract of law or authority for this claim, previous to the ren-
dition of the services, made vnth any one authorized to con-
tract the indebtedness.
This claim being clearly in violation of tlie Constitution, and
a claim that should be paid by the county, I am constrained to
return this bill without my approval.
Very Kespectfulh',
KOBERT B. SMITH,
_ . V , Governor.
Message— Veto of House Bill No. 30
Mv. Speaker and Geiitleiiieii of the House <»f Kepreseutatives :
Tlie sole object of IFoiise Bill Xo. 30 is to create the office
of Coiiiity xViiditor in tourtli class comities; otherwise th«'
law is exactly as it stands today. Tf the act contemplated
abolishing the office in second and third class connties, I
wonld approve the bill. Creating more offices means moi-t^
taxes. I cannot lend my consent to such conditions, nnless
the office is imperatively demanded.
Believing as I do that fourth class counties do not need a
county auditor, T must rerurn this hill without my approval.
Very Respectfully,
ROBERT B. s:\riTir,
Governor.
Message— Veto of House Bill No. 132
Helena, Montana, February 28th, 1899.
Ml'. S])eaker and Gentlemen of tlie House of Kepresentatives :
1 sincerely wish it were possible for me to a.iiree with you
in the passage of Mouse Bill No. 132. I dislike exceedini-ly to
place my judi»nient and opinion in oi)i)osition to what seems
to be such a unanimous judgment of this body. But in the
discharge of official duty there ought to be l)ut one guide, and
that should be the constitution and the law as revealed to us
by calm anrl unbiased study.
In my humble judgment no measure was ever ])resented
to a legislature more fraught with evil to a people or more
obnoxious to a constitution than tliis bill. The very i-easons
which actuated the introduction of this bill are dangerous to
(mr institutions and our liberties. These reasons are as fol-
lows:
First. The Boston and ^Nfojitana Copper and Silver Alining
Company, a coryjoration of this State, in May last undertook
to sell all its property to a. New York corporation and compel
its stockholders to accept stock in a foreign corporation in lieu
of stock held in the domestic or home corporation. Suit was
brought by Forrester and ^MacGinniss, stockholders, to pre-
vent such conduct, and the Supreme Court of this State, on
November 28tli, by a unanimous opinion, sustained the plain-
tiff's and ordered a reconveyance of all property to the Montana
Company. The lawyers and parties defeated in that case are
here trying by this bill to reverse the decision of our Suin'<^me
Court, and I am told, because I happened to be one of the
attorneys for Forrester and ^lacGinniss, that I cannot afford
to veto this bill. But when I am sustained by the unanimous
opinion of our Supreme Court, and by the Constitution of
our State, I can and will veto any measure that is as vicious
as this bill.
The second reason for the strong following and lobby be-
hind this bill is as follows : The Bothchilds and magnates
of the Standard Oil Comi^any, according to all reports, are
75
now engaged in trying to form a copper trust and combine by
wliicb tbej expect to control the copper output of the world,
and they desire to include our great copper j)roperties in the
pool. This accounts foi- the strong following this bill has
with the coporate interests of the State. These reasons alone,
without further remark, ought to be sufficient to defeat this
measure before a free and independent representative body of
this State.
In addition to the foregoing there are still more vital rea-
sons for its defeat. This bill makes it possible and easy for
corporations in this State to combine with any other corpora-
tion, foreign or domestic, and tlius forin a trust or pool. Sec-
tion 20, of Article XV, of our State Constitution, reads as
follows :
"No incorporation, stock company, person or association
of persons in tlie State of ^Montana, shall directly or indirectly,
combine to form what is known as a trust, or make any con-
tract with any jjersou or persons, corporations or stock com-
pany, foreign or domestic, through their stockholders, trUvStees,
or in any manner whatever, for the purpose of fixing the price,
or regulating the production of any article of commerce, or
of the product of the soil, for consumption by the people.
The leuislative assem)>lv shall pass laws for the enforcemeni:
thereof by adequate penalties to the extent, if necesary fo:-
that purpose, of forfeiture of their property and franchise;, or in
case of foreign corporations prohibiting them from carrying on
business in the State."
This Bill is in direct violation of the foregoing provision of
our constitution. Ir is not necessary that the bill should de-
clar-e in its title or tlie body thereof tliat it is intended to regu-
iate the production oi- the price of coj^per, or other article of
commerce, in order to violate the provision quoted. If the
bill can be used or utilized for forming a combine or trust to
regulate the production of anv article of commerce or pro-
duction of the soil it is obnoxious to our constitution. Can
any man read this measure and say it cannot be used to form
copper or mining trusts or combines and thereby regulate the
price or production of an article of commerce? The present
gi'eat rise in the price of copper is largely due to the contem-
plated trust which is reported in the press of the country. Silver
lead, iron, copper and every other production of our mines,
76
except goJd, are ''arlicles of coniiuerce for eonsuniption by
the people/'' and am' law tending to create trusts for controlling
their production or fixing the price of their products is in vio-
lation of the constitution. Instead of passing this law to
foster these trusts and combines it is vour duty under the oath
you have taken and under the direction of the provisions of the
constitution to pass a. ]n\y forbidding and prohibiting anj
such effort by any corporation or company.
I wish to call youv attention to the difference between your
body and the (.'olorado Asembly now in session. The smelting
and mining corporatious, acting under the same impulse felt
in this state, contemplated a similar move in Colorado, bui
(Governor Thomas sent to the let>islature a messaue asking it
io pass a law prohibiting such trusts and pools, and in a very
short time after his message was read, one house of that body
had passed a bill in accordance with his suggestions, and hi'
M'ires me that their legislature is trvini> to Drevent a smelte.^
trust in that state, while you, on the contrary, are trying
to organize a copper trust with the Standard Oil magnates
in control.
Tbis bill further violates our constitution in this: Section
1"- of Article III, provides that "'no ex post facto law, nor law
i)npairiug the obligation of contracts, or making any irrevo-
cable grant of special privileges, franchises or immunities,
shall be passed by the legislative asseml)ly." The relation of
the corporation to tiie state is contractual. The charter of a
domestic corporation is a contract between the state and th'-
corporation. (See Section 3031 of Thompson on Corpora-
tions.) Likewise the relation of each stockliolder to the cor-
]>oration is contractual. (See Cook on Stockholders, Section
n ; and Peninsuhir Kail way Co. vs. Duncan, 2S ^Michigan, page
130. ) The state in its constitution reserves the right to amend
(;r alter the charter of a corporation. It may change the con-
tract between the state and the corporation, but it cannot
so change it as to impair or violate the contract which each
stockholder has with the sanse corporation. If such change
is contemplated, then such art violates the contract which
each shareholder hn« with the corporation and such a law is
void.
Again: this proposed law violates other provisions both
of our sttite and national constitutions. Article V, of amend-
ineiits ((» ilic Const i( ;it ion of the Tnitcd Sliitcs, says: ''Xor
•fhall j)rivato j)!'o))i'r(y lie taken for ])nl)lic nsc wirliont just
' ompeiisaiioi], ' and Sc-iion H. of Aciiclc 111, of our Stale
( Oust itiil i()n, says, "i>i-!\al<- pi'ojxMiy shall not he taken or
(lainaLKHJ ('or ]>nl>!i( use willioul coraiH'nsation liaxini; lieeu
first made lo. (U- paid into (-(nirt lor, the owner." 'N'on wili
tiotice iliat in these ]n'ovisions the laidnii, of jnavale jtroperiy
lor a ])ul»li(' use is allowed nndei- eei'tain conditions, an«l the
(•on\'ei-se of this proposition is trnc, \ i/., thai ])i'ivate ])i-o[)ei'ty
( annot lie taken for a ])i'iyate nse nnder any condition. In-
deed, so careful \\'ere Ihe franiers of onr constitution, tha!,
in order to run a ditcJi or canal omm (he land of another, siu-li
a us(^ is declared to he a ]>uhlic use. (See S«'ction I-"), Article
iJI, of ouj- constitution. >
This hill pro\id(^s that if any stockholdei- dissents fi-oni th<'
action of the majority in condtiniuL; \\i(h any otlu'r coi']toi-a-
lion o]' tra.dijiu for the sto( k »)f another corporation, a coui-
niissio]! is a))]w>inted to ai)]>raise the y;due of his stock, ^yhich
is his indiyidua! ]»i-()]tertA', a.nd sell it out a1 ptd)]ic auction or to
lh(- grantee of tlie cor})o]-ation, thus taking priyate property
a.nd (-ontiseatini;- it for ju'iyate ])urposes.
The tifle of this hill is (h'ce])liA('. It is contended that the
hill is to enahle the majority stoclcholders t(» control the ju-op-
(•rty and to sell or lease it. and to ]»r()tect the minority stock-
h.olders. 'I'lie majority stockhold(n-s, under our ])resent law,
(an sell, lease, mortitaiic or dis])ose of all mining ])roperty.
(See Sertion lOl;*) of file r\\']\ (^tde of .Montana.) Tmler th"
present law, after notice duly iii^'en, if thi'ee-fourths of all
shares are i-epresfuited at th.e nuM^tin^' an.d two-thirds of all
shares yote in faxor of a sal(\ such sah^ is ^alid and effectual,
and in fhe same way all the pro])erty or any i)art can h"
i<'as(Ml, sold, or mortiiaiicd and Ihe minority cannot ])reyeut if.
The only thinji' a minority can ])reyenl accordinii' to the de-
cision of oui- Su]>renie Court, is this: a diss(mtin<>- stockholder
can i»revent a domestic coi'i)(u-arion from trading' its stock off
and acce])tinii in [layment therefoi- stock in a foreiiiii cor-
]H)i-ation. That was what the JJoston and .Montana (''om])any
attempted to do and that is what this hill will allow all cor-
])oratious to do.
This is an effort to -^et out from under the jnrisdiction of
(Uir state conrts so that corporations can carry eyery case
7a
iiiio I lie United .Stales courts, with the result that if a miner
(»r eniph)ve li;'.s a (laim ai!,ainst them he cannot sne in the
slate couit. hi our state court two-ihirds of a jury can
aii;Tee and find a verdict bul iu the United States conn m niumi-
moHs \('r(licl is reijuircd. It is much easier for corporations to
defeat a case Avhere thev h;i\(' (Uily to secure one juror to pi-e-
vent a verdict against them. Again, a poor uuiu cannot af-
ford to litigate in tlie United States courts. It requires more
nu)ney ;ind much longer tinu' to secure tinal judgment. If
you i»ass this bill you \\ill put it in the ])o\ver of i-ich coi-pora-
tions to defeat any claims against tliem without any great
expense. You will renH>ye all their records from the state
to the ureat injury of litigants arid of the t;i\ing ])o\\(M- of tlu;
state.
It is claiuuHl by some that this bill will lend to develoj) our
country. 1 say that its tendency will be to prevent develop-
ment e.Ncept by a fcn\' gigantic ctmcerns. Tender the present
law the poor miner or ])ros[)ector organizes a comi)any and puts
a portion of his stock in the treasury and peddles it out to
friends iii small lots, and thus gets money to develop his
mine. But if l^his bill )>eeomes a law, no man will care to
buy stock, unh'ss lie can have o\er one-third, because, if he has
less, the others may compel him to sell out his slock or swap
it for stock in some foreign corporation, and thus fi-eeze him
out if he objects.
There is an«»t!!er serious objection to this bill. S(M-tion (
provides that a notice giving in general terms what is sup-
posed to be done shall he published for thirty days, and a copy
jnailed to each stockholder caning a meeting of stockholders.
But when the stockholders meet they can propose any kind
of disposition of the property; they are noL confined to the
published notice. Su])pose, for instam-e, the notice sent ouv
and published shall pro]>ose a lease of the property; but when
they meet, if, instead of leasing, they ju'opose to sell or trade
off the ca]jit(i] stock for stock in -inotlier cor])oration — theV
can do so under this ^icl. The stockholders receiving a notice
that it is ]»roposed to lease the properly might Ite willing to
lease and i>ay no further attention and not attend the meeting.
Those who did attend could disregard the notice and propose
a sale, for tlie bill says that afte]- electing a chairman and
secretary, thereupon any proposition for the sale or lease.
or mortgage, or exchauge, or disposition for other property,
or for the wliolc or a part of tlie capital stock of any other cor-
poration, domestic or foreign, or to otherwise dispose of the
whole or any part of the mining ground, mills, smelters, or
assets of any description may be considered and acted
upon at said meeting. You ^^iil observe they are not con-
lined to the proposition made in their notice sent out to each
stockliolder. Any act thus done at sucl! meeting, no word
or intimation of which was put in the published notice, may
be carried through as effectually as if full notice had been given.
.Vn absent stocldiolder is not afterwards notified of what was
done at sucli meeting, although it may have been against his
wish; yet he must c(.-uu' ^\itliiu twenty days and dissent in
Axriting froui Avhnt ^\■as done ,or lie is deemed to have as-
sented. r>ut the advocates of this i)iil sav the secretarv has
to file a statement of what was done at the meeting with th<;
county clerk and recorder. Yes, that is true, but when does he
have to file it? So far as this act is concerned, he may not
have to file his certificate with the county clerk and recorder
for a year, but the poor deluded stockholder must make his
o])jection witliin twenty days or forever hold his peace. Let
]ne again appeal to yoti to consider what you are doing.
The haste with which this measure has been railroaded
through both liouses ought to ])e a warning that "something
is rotten in Denmark."' It has been rushed thrmigh under
wliip and spur and every c!»rporate iobbyist is at its back.
Even our national lioliday, set apart for the observance by
our people of tlie anniversary of the birth of the immortal
^Vaslling•ton, was desecrated l)y the passage of this bill. That
day which recalls the i)arriotism and devotion of Washington
to the cause of his countrv was not a fitting dav on whicli
to i)ass a bill destined to serve the selfish interests of corjjora-
tions and put a yoke upon our people more galling than
Egyptian bondage.
I iiad hoped tlie people of ^Montana might be spared, at least
for many years the power of the Standard Oil magnates. They
control already the lamplights of America and, by controlling
the production of copper, they propose to control the elec-
tric lights of the Avorld, as well as the electric power and the
thousand other tises to which copper is applied. If they could,
thev would obscure the God of dav and denv us davlight.
80
If YOU do not assert your manhood and independence now
and defeat this measure, it will be too late when the tentacles
of this octopus have fastened their fangs on the strong limbs of
this fair vounLi commonweaUli. Seeing as I do the dangers
in this bilJ, and knowing full well how vicious and unconstitu-
lioiuil it is, aiid knowing that, inanv of you are deceived by
(he fair phrases in its caption, I write you thus at length to
warn you of the dangers where you stand.
Instead of being entitled an act to regulate, mortgage, sell,
lease or convey corporate property and protect the minority
stockholders, it should be entitled "An act to reverse the su-
jH-ejue court and to encourage and facilitate the formation of
trusts and combines, and to legalize the confiscation of private
l>i-o])erty for private uses in the State of Montana."
I'or the reasons set forth in this message, I must refuse
to ^ive this bill my approval.
Very Kespectfully,
ROBERT B. SMITH,
Governor.
The communications received were placed on file and ordered
spread at length on the Journal of the House.
Mr. Speaker then announced that the question before the
House was, shall the bill j>ass notwithstanding the Governors
veto ?
On motion of 3Iatis, seconded by ten members, a call of tlie
]Ious<' was ordered.
The roll Mas called and Fine was absent.
On motion of Cooney, further proceedings under the call
were dispensed with.
The roll was called and House Bill 132 passed by the fol-
lowing vote:
Ayes 52, noes 18, absent none.
Ayes — Black, Bonner, Boylan, Burke, Bywatei', Clifford,
Cooney, Crutchfield, Fine, Finlen, Fitzpatrick, Flinn, Gallwey,
Garr, Gillette, Hedges, Ingersoll, Jacqueth, Johnson, Kelley
of Cascade, Kelly of Silver Bow, Kuplial, Lamb, Lewis, Lindsay,
Lockhart, Long, Madden, ^lagee, Marcyes, Martin, Matts, ]Met-
len, Moran, Murray, Normoyle, O'Brien, Potting, Sands,
Stapleton, Stephens. Stone, Sullivan, Sweeney, Swindlehurst,
Toole, Trnscoft, Warren, Watson, Wilson. Woods, ^fr.
Speaker — 52.
Xoes — Beasley, Bennett. Conrow. Day. Eversole Gibson,
Hill. Hutchinson. Losekaran. Luddy, 3IcLaughlin, ]McLeod.
More, Parker, Paul, Phelps, Shovlin," Walsh— IS
81
Message— Veto of House Bill No. 124
y\v. Speaker and (Jentleiucn of the House of Kei)i'eseiitatives :
lionse tJill Xo. 124 Is I lie liaiid maiden of House IJill 132.
llotli are bemi" eiijiineercd 1»\- I he same i»aities and both are
intended for tlie same purjtost', and that is to ii,ive the wealthy
and stroui*' nndne advantage over tlie weaker.
If this bill only ^ave a rii;lit of ai)pea! from a tinal jndu-
ment, or from an ordei- iirant inu or refnsinu to urant a new
trial, or i;rautinii or dissolvini; ;ni injnncfion, or rcfnsinu' to
iii-ant oi- dissolve an injiinciion. (»i- uranlin^ (»i- dissolvinj:'' or
refusing, to dissolve an attachment, or frona an oi'dci- api>ointinj4'
or ]-efnsin,ii' to ai)point a i-eeeivcr, I would si.i;n it willin,u,ly.
j>nt what follows after that is liie objectionablo part, viz., "oi-
uiviiiii directions A^'ith ies])('ct to a rcctMvership." If this
measure becomes a taw, it i)ractica.lly i-cpeals the authority of
the district corn-t to control ]u-operty in its hands.
A receiver is the a.i'ent and olVic er of the court and he acts
under the instruction ami dii-ection of the court and uives bond
for the faithful ijerformance ot his duly and the ]>rotection
of all parties interested. But if this bill becomes a law the
district court cannot order the receiver to take charuc of the
])ro]>erty ,or collect (hbts, or com])el an accounting', or i)ay
out any money or hire any ))e!-son to d<t any work for the
])ropert^■ in his chari;-e or ])-Ay taxes on the ])roi»erty. In fact
Jio o]-der or direction can l»e uiven Ity the court to the receiver
without the same c;in l)e apiiealed from and the case bronji'lit
lo the Snpreme Tourt, and the wiiole matter stayed until the
Supreme Court can hear it. The ]>assau(' of this law would de-
strov the efficacy of a i-eceiver in anv case and wouhl entail
endless litigation, to such an extent that none but wealthy peo-
ple could afford to ixo to cf>urt to maintain their rights.
The old law of appeal has been sufficient to suit all lawyers
and litigants in this state for over thirty years, and no one
found fault until the Boston and ^Montana (N)mi)any were
defeated in the Supreme Court, and now they must reverse it
by an act of tlif' legislature. Lawyers and parties who come
ro you to I'everse the Supreme iV>urt should be turned out of
82
llie doors of llic a.ssciiihly. It is an unfair wa.v to Wy lawsuits,
and if y(ui couutpnance sucli proccduro, every litii^ant defeated
in ilie court will seek redress iu tlie ljL!,islature.
I'or tliese i'e;isoiis I cauuoi i;i\'e ])\y assent to the passage
of t ins act'.
Very KesiKH-t fully,
IJOIJEKT 15. SMITir.
Goveruor.
The couiiuiiniciil i(Ui i-ccei\(>d was jdaced on file and ordered
si)read at leniith on the Joui'ual of the House.
Mr. S])eake]- tlien announced that the (|Uestiou before tlie
House was, shall the hill ))ass not w it hstandiiii: the veto of the
(lovernor?
C)u motion of Cooney, seconded ])y ten nienibei-s, a call of tht>
House was ordered.
The roll A\'as called and on motion of Cooney further ]iro
ceedini;s under the call w ei'e dispensed with.
The roll was called and House T'ill No. 124 was ])assed hy
the following- vote:
Ayes 49, noes 21, absent none.
Ayes — Ronui'i-, Iloylan, IJurke, JJywalfr, (Milford, Cooney,
Crutch (ield. Day, h'ine, h'inlen, ritzpatvick, I-^linn, (lallwey,
(libson, (iillette, Hedges, Hill, Hutchinson, Ingersoll, Jac(|uelh,
Kelley of Cascade, Kelly of SiTvei- I'ow, Kuplial, Lamb, Lewis,
Lindsay, Long, .Gladden, .Mag(>e, .Mai-:-yes, Martin, Shifts, .Mur-
ray, Xori'.iovle n"I5ii('n, potting, Sands, Stapletou, Ste]»heus.
Stone, Sullivan, Sweeney, Swiudlehnrst, Toole, Truscott, ^^'al■
rcn,, >\'atsou, W'i'son. .Mr. Speaker — 40.
Xoes---l>easiey, IJennett, r>la<-lc, Cour(»w, iMcrsole, (Jarr,
Johnson, Lo(d<h;!rt, Losekauip. Luddv, .McLaughlin. .McLeod,
.M(4hMi, .M(U"ni, More, Tarl cr. i'.inl. IMielps, Sho\'liu. W'alsli,
Woods— 21.
i"-.]
Arbor Day Proclamation
Executive Office,
Helena, Montana, April 13, 1890.
.Vs w inter disappears and tl e earth puts on its summer robes
of orass and fio^ei's, the season reminds us tliat it is our duty
i<» ourselves and to posterity that ^^e shall as far as in oui-
]M)wer lies assist nature to make more beautiful our homes,
lMil)]ic iirounds. and ways. The cidtivatiou of trees, vines,
and shrubs tends to enrich our soil and keep it moist, and
at the same time it relieves the landscape from the glare of the
summer's sun. In additi(m to the advantages thus given to
the pliysical aspect of the state, a higher sense of the artistic
and l)eautiful is thus begotten in our people and that proper
spirit of pride in our houses and cities and our state is en-
com-aged and fostered.
The Legislative Assembly recognizing these blessings and
benefits, set aside a day to be known as Arbor Day and directed
the Executive to make proclamation of the same.
XOW, THEREFOIJE, T, Robert B. Smith, Governor of the
state of Montana, bv virtue of the law in me vested, do here-
by proclaim Tuesday, the ninth day of May, A. D., 1899, Arbor
1 >ay. and declare the same to be a legal Holiday and request that
all persons in the state devote a part of tliat day to the plant-
ing of trees, vines, or shrubs upon their lands, public grounds
and Mays, for the purpose of beautifying them and serving the
interests of our state and people.
Done at Helena, the Capital of said State, A. D., 1899, and
the one hundred and twenty-third year of our Independence.
(SEAL) ' ^ ROBEKT B. S:\riTH,
Governor.
By the Governor —
T. S. HOGAN,
Secretarv of State.
84
Correspondence Relating to Coeur d'Alene
Trouble in May, 1899
I think it best to note here that press misrepresentations
regarding this expedition into IMontana nnder Lieutenant Lyon
made necessary the following correspondence between the
Governor of Montana and myself, viz :
Helena, Montana, May 12, 1899.
GENE It AL MEKRIAjNI,
Commanding U. S. 1'roops, Wardner, Idaho.
SIR : I notice through the medium of the press a
statement that you ordered Lieut. Lyon having prisoners at
-Missoula to take them at once to Idaho and pay no attention
to orders of anv one else than the commanding officer. Mav
1 ask if you were correctly reported in this respect? In these
troubles the civil authorities of Montana have been willing to
nid tlie proper authorities in the arrest of fugitives from Idaho
and have done all that was asked of them. But we must un-
derstand that no part of Montana is acting under martial law.
While I am willing to give all proper and legal aid to the
officers of Idaho or U. S. soldiers in the arrest of criminals,
it must not be assumed that tiie civil authorities of this state
Avill silently permit even federal troops to disregard the civil
law or the process of civil authorities. I am a firm believer in
the doctrine that the military must always be subservient to
the civil authorities. Trusting that yoil were misquoted in the
press dispatches and that you did not intend to disregard the
civil authorities, I am,
Very Respectfully,
ROBERT B. S:\nTH,
Governor.
^Vardner, Idaho, :\ray 15, 1899.
To His Excellency,
The Governor of Montana.
Sir: Acknowledging your letter dated May 12th, I beg
to hand you herewith tlu- telegrams containing the orders and
instructions under which Lieut. Lyon, 24th Infantry, acted
85
dill-ill^' liis rcci'ii! iiiii into vour State, accomxiaiiyiiijj; detach-
iiieiils (d' dcpi'.tY .slierilfs lioiii the state of Idalio.
Lieut. L.voii i-('])()i-ts cxaci cojiipliance with his orders and
lustrueliojis and I ]io])e yon will i»e convinced tliat every pre-
canLiou lias b'cn tnken lo a'>oi(i the slii2.1itest discourtesy to-
wards tlie ci\il authui-iiit's of .Montiuia in onr cfl'ovl to do what
was possible and le^al lo assist the Execntivc of l(hiho in his
etl'orts to arrest esca])in,u criminals. With assurance of highest
respect,
Your Obedient Servant,
H. C. MEKRIAM,
Brig. Gen. U. S. A.
Helena, Montana, May 17. IS!)!).
General H. C. .Merriam,
A\'ardner, Idaho.
Sir: Your letter of the 15th iust witli enclosures (copies of
telegrams sent Lieut. Lvon) is received this a. m.
I am xjlfJ^i^ed to see that you were entirely misrepresented
in the statements made in the press. Your letter with coi)ies
of telegrams discloses that at all times you recognized the
pi-oper civil authorities. In this I applaud your action; f<»r
while at times the civil authorities may need the aid of the
inilitar}-, I do not believe it coiisistent with the sj)irit of our
laws or instittitions of onr c(inntry to supplant the civil witli
military or martial autliority, except in extreme instances. I
am with vei-y great respect,
Verv trnlv vcnirs.
■)
liOBEKT B. 8MITU
Governor
sc.
Correspondence in Reference to Commutation of
Sentence of Joseph Allen
Executive OJliee,
Helena, .Montana, September 5, 1890.
.) mUrc J. M. Clements.
Helena, Montana.
l)'';ii- Sii-: In tin' matter of the ai'])lii-atioii of Joseph Allen
ior cotiimiitation of sentence I have made a most carefnl and
diliiient study of the evidence and every fact submitted to the
coui-t or jury or subsequently submitted to me.
1 entered upon the investigation biased in favor of commut-
ing the sentence on the theory that as no one but Allen saw the
killing periiaps his stor^ might be true, and I was very much
(lisi)os<'d to ui-e him the benefit of the doubt; but a close and
• areful .>iiulv of the case convinces me that the iurv were
certainlv iustified in findinu' the verdict thev rendered, an^l
the court has pronounced the law of the case. Being thus con-
strained rather against mv inclination to consent that the
verdict and sentence are justified by the facts, a discharge of
my ptiblic trust Impels me to refuse to interfere with the sen
tence of the court, although importuned to do so by many good
Christian people whom 1 resi>ect most sincerely for their s^-m-
pathetic interest in this unforUmate young man.
Assuring you of the most sincere i-egards and of earnest
energetic interest shou n to your client, I am.
N'ery Respectfully.
KOBEKT V>. SMITH,
Cxoveruor.
87-
Thanksgiving Proclamation
Executive Office, Helena, Montana.
A beautiful custom of this country that by its age has al-
most attained the dignity of law requires that at least one day
in each rear be devoted to praver and thanksgiving to Al-
Diighty God who watches over destinies of nations and of men.
There is a hallov.'ed memory that always attends the return of
this day to the elder peojjle and a joyous holiday for the chil-
dren. On this day we are prone to recall our own childhood
with all its sweet recollections, as we gathered around the table
spread with all the delicacies the home could afford.
Tlie people of ^fontana have much for which they should be
thankful. Notwithstanding the seasons were somewhat ir-
regular, the earth has produced bounteously and our herds and
riocks have been mostly spared to us. The treasures of the
earth continue in ever increasing quantities. Our people have
enjoyed good health, and those whom Ave sent away to war and
Avho were absent from us on last 'JTianksgiving Day, with feA\'
exceptions have been returned to their homes and our state in
lijood health. For these and manifold other blesings, we should
be thankful to the Divine Creator that holds us in the hollow of
his hand.
The President of the United States has designated Thursday,
the thirtieth day of November, A. D., 1S99, as a day of prayer
and thanksgiving, and in conformity therewith, I, Robert B.
Smith, Governor of the State of ]Montana, request that each
and every person and all people in our commonwealth on said
day desist from their regular work and employment as far as
possible, and, assembling together in their respective places of
worship engage in reading the word of God and in prayers and
thanksgiving.
In ordei' to enable all to take part as far as possible I do
declare and proclaim said thirtieth day of November a legal
holiday.
88
Given under ui}^ band at Helena, the Capital, on this 6th day
of November, in the year of our Lord eighteen hundred and
ninety-nine and in the one hundred and twenty-fourth year
of our Independence.
(Seal) ROBERT B. SMITH,
Governor.
By the Governor —
T. S. HOGAN,
Secretarv of State.
89
Correspondence in Reference to Application of
Josepli Hurst for Executive Clemency
Executive ( )rtice,
irdcna, .Arontaua, March 28tli, 1900.
To ilic H()ii()i-ai)Ic.s (i. ^^•. .M.vcqs, U. J. riaskell and 0. P. Coi!-
noUy :
Geutleinen : In tlic iiiattcr of tlic application ot" Josepli
Iliii'st for cxcciirivc cIcuichcn . I will sav that I have uiveu to
the case eight days ol hard aiui (-(mstaiil !al»oi- in (i-ying to ai-
rive at the facts. 1 Ikuc r(\-u! all the evidenci^ adduced before
the Coroner's Inijuesl ; before Ihe Examining Court and on tlv
linal trial; also the evid( nee sui)iiiitied since that time.
liefore ent(U-ing into a discussion of the fa.cts of this case T
desire to express in nn(iualified terms my disapproval (»f tlif
methods resort<'d lo in (his case for the ])ur]»ose of inflaming'
])ul)lic o])inion. IMie s(Uisatioiial article ])u!)lished in the
"Stamhird" over .Mr. Connolly's signature is alnutst wholly
without foundation; if you will tak<' out of that statement the
fact that Joseph Tlursl was tried and convicted in Dawson
County 3'ou will remove from it almost every i)article of truth
it contained. During the trial before me I asked ]Mr. Con-
nolly to give me some evidence of the truth of the charges he
iuid made in the pa])er; this he wholly failed to do. \Vhile as
a matter of fact the showing discloses this condition of affairs:
!)(»niinick Cavanaugh, the sheriif of Dawson county, was mur-
dered by some assassin al)out S:'2~} or S :oO o'clock p. m., on
December 23rd, 18US; his body was not discovered until the
next morning. .V Coroner's jury composed of six m(Mi, all
neighbors and friends of .Iosei)h C. Ilui'st, after carefully in-
\estigating all the evidence they could find were the first persons
to make any charge against him by bi-inging in their A'erdict
as they did. Mv. ITnrst was thereupon arrested and tried be-
fore the Justices of the peace who bound him over to the Dis-
trict Court where he was tried by a jury of twelve men of the
( itizens of Dawson County not one of these men came from
90
tlic low II (if (ilciidivc 1)111 ilicy were selected from the lancliei's
i\ud faiiiiers in i lie i liiiilx' settled jioriioiis of the coiiiity ; eleven
men out oT (lie Iwchc wcic I In* friends nnd jxdilical support-
ers of .M?-. iliit--l I he otliei- one \\asa l)()U(Mi-al and supi»ortc«i
.Mr. Caxananuh. Tliis is sworn lo li\ the anida\ils (»!' sonu^ of
llie jurors. So \vell wci-c .Mi-. Ilin-sl and ail Ids friends and at-
lorneA'S satisfied with ll.'e jiir\ lliat no elftiii was made what-
ever to liet a (!ian«>e of venue, iu fact, tlicy refused and failed
t(» exei'eis(? the cJiallenLics which the law nave them. 'riie\' wer<-
entirely satislied with the jury as selected. Tliere was no hi-oth-
er-in-law of the murdcM-ed laan on the jury as eharm'd iu .Mi-.
Tounolly's article. Tlieri^ iias been presented to me no state-
juent of any kind sljowinii,- any enmity, passion or ])rejudice
auaiust Joseph C. Ilurst. The comnnnnty was excite<l and
riiilitly so over th.e cold blooded murder of Sheritf Cavaimunh,
hut it was not a prejudice ov passion ai^ainst the defendant
in any Avay so far as I am able to determine. Mr. Ilurst when
arrested and ptit in jaii had every privilej»e accorded to any
man chari;ed with a ])nblic offense. ITis lawyers and friends
were at all times permitted to consult with him and ])repar(;
his case for trial, in fact, notlun*> was denied to him, and the
article in the "'Standard" charging- such conduct upon the of-
ficers of Dawson County was ahsolutelv false in every res])ect.
Neither is there an^'thiuii in tiie whole record showing that
the Court was prejudiced, on the other hand there is much in
the record to convince any man that Judge Loud was favorable
at all times to the defendant, Ilurst, in fact, he allowed the
attorneys for Hurst nujre privileges than is usually allowed
to defendants iu any criminal case that I have witnessed. His
<'harges to the iurv and the whole conduct of the trial was so fair
as it was possible. The three lawyers wlio prosecuted Hiu"st
were his fjolitical friends. Under such circumstances it is im-
possihle to believe there was any ]>oliti(-al prejudice against
liim. Making these sensational and unwarranted charges
throtigli the press for the purpose of intiuencing either judi-
cial or exectitive action in any matter which is to come before
either branch of the State for official action is unjustifiable and
more so when by an attorney-at law. Seventy-seven petitions
v,'ith about five thousand names ha\(' been i)resented to me;
forty of these petitions are from Silver Bow County; seven
from Missoula; five from Anaconda; and only one or two are
91
from other points in the state. All are based upon this article
that appeared in the ''tStandaid'' without any real knowledge
of the facts of the case. I have said this mnch for the purpose
as far as possible of doini> justice to the court, the jury and the
community in which ^h\ Hurst was tried. I am absolutely cer-
tain that while T disapprove of such methods I would not per-
]nit them to bias or warp my judgment in any respect. The
constitution of the state divides the business of the state into
three departments: the legislative, the judicial and the ex-
ecutive. The legislative department declares and prescribes
what the law shall be for all offenses and matters; the judi-
cial department is charged with the duty of construing and
administering the law, and the executive department with see-
ing that the law is enforced and discharging such ministerial
or quasi functions as may be vested in the executive. The leg-
islative power of the state has prescribed the death penalty as
the punishment to be inflicted for the crime of murder in the
first degree. If this penalty is not right and the people are
dissatisfied with it, they should appeal to the legislature to
change it. As a part of the judicial sj^stem of our country the
constitution and the law declares that a jury of twelve men,
peers of the offender, shall try any and all offences amounting
to felonj^ where the plea is not guilty. Section 3440 of the
Code of Civil Procedure declares "That all questions of fact,
where the trial is by jury are to be decided by the jury, and
all evidence thereon is to be addressed to them.'" Section 3390
of the same code declares : "The jury subject to the control of
the court in the cases specified in this code are the judges of
the eff"ect or value of the evidence addressed to them." Sec-
tion 3123 of the same code is as follows: "A witness is pre-
sumed to speak the truth. This presumption however may be
repelled by the manner in which he testifies, by the character
of his testimony, or by evidence affecting his character for
truth, honesty or integrity, or his motives, or by contradictory
evidence, and the jury are the exclusive judges of his credi-
bility." It will be seen by the above quotations that the jurj^
pi'ovided bj law are the exclusive judges of the facts in any
case of the credibility of the witnesses and the evidence ad-
duced before them. In this case there is considerable conflict
of evidence, not more, however, than in many other cases of
similar import. A jury that v\as entirely satisfactory to the
92
(lefondaiil had a!i the witnesses hefore tliem on tlic irial; they
saw these witnesses face to face; they heard their story and
after havinj;- fully considered all the facts twelve men said
npon their oath that they were satisfied heyond a reasonabh*
doubt that Joseph Unrst was .nuilty of the murder of Douiinick
Oavanaui^h. Tlie trial judi;e wiio was ^Ir. Hurst's friend, saw
all these witnesses; heard their story upon the Avitness staud.
He is an acute lawyer and able to detect any falsehood there
might liave been in the evidence. After the jury had returned
their verdict upon a motion for a new trial whereby the trial
judge had a perfect right to review all the testimony and if it
was not entirely satisfactory to him, it was his duty, under
the law, to grant tlie defendant. Hurst a new trial. By over-
ruling this motion for a new trial the Judge of the District
Court expressed his entire satisfaction with the verdict. I
cannot be forced into the l)elief that Judge T.oud would s(m-
tence anv man to be hanired unless lu' was thoroughlv satis-
tied with the verdict rendered by a jury in his court. After the
motion for a new trial had been (>\'(U'ruled the case was appealed
to the Supreme Court of the State where three able, industrious
and conscientious men passed upon the record presented to
them, and while it is true that the Supreme Court as a rule
will not interfere with the verdict of a jui'v upon a question of
fact, yet, wlienever the evidence is too slight in the estimation
of the Supreme Court to justify the judgment rendered in the
case is and has been reversed on more than one occasion by our
own Court and sent back for a new trial.
See Ormund vs. Granite Mountain Alining Co., 11 Mont. oO.^,
and cases there cited.
At this point I cannot refrain from quoting from the opinion
of the Supreme Court in the case of the State vs. Hurst, found
in 59 Pacific Reporter, page 913, as follows: "We have given
our attention carefully and patiently to the examination of the
whole of the evidence and we cannot say that tlie result reached
by the jury is not justified by it, or that there is upon the whole
of the evidence a reasonable doubt of the defendant's guilt."
Here the Supreme Court of the state say that they haA'e care-
fully and patiently examined all of the evidence and that they
find that the verdict of the jury ^^■as justifiable by the evidence,
nor are these men able to say that the evidence did not prove
the defendant guilty beyond a reasonable doubt. The case is
r,3
noAv submitted to iiic for pardon, a coniinntatioii or reprieve
ui)oii tlie same identical facts submitted to llic jury; tbe trial
Jndge and tbe Snpreme Tonrt. SixhHMi fair, imi)artial and nn-
biased men, fonr of tbem occu])yin,i; tlie liii^liest judicial })os-
itions in onr Slate, ai-e satisfied witb tins e\i(lence and sav tliat
it was sufticient to sustain a iudunicnf an<l sentence of deatb..
Tlu'sc men and tbis jury are ])r('sci'il»e(l It.v tbe bnv as tbe per-
sons and tbe tribunals tbat sball determine tbese facts as well
as tbe credibility of tlic witnesses. I am now asked, witbout
l*rin,iiin,ii foi-ward any new facts or any new evidence wbicb was
n(»t susce])tible of intrf»duct ion on tlie trial, to reverse tbe tind-
iniis of tbese sixteen men and pardon I lie ]>etitioner. \Miib'
the law vests in tbe executive tbe ])ower to jfardon and extend
executi\"e (deuKMicv, I believ(\ sucii power sbould be exercised
only in a leual way and not arbitrarily. If I allowd sympatby
(tr my own ])ersonal feeliuiis to control my actions in tbe ex-
ercise of tbe ])ardoninii,' j)owe]- ibei-e would be no necessity for
the courts or juries, nor if I am called upoji aiiain to try a case
U])on tbe same facts on wbicb tbe jury bave acted would I be
warranted in ex(M'cisinii arbitrarily tbe jKirdonini' i)owei-. Sucb
ex(M-cise of ])owei- would be leual an<l judicial anarcby.
Tbe wiiole case made by tbe ]>etiti(Uier and bis counsel is
an attack u[)on tbe witness (Jiimore. 1 ba\e read bis evidiuice
tbrouiiii tbe differ<'nt ti'ia.ls at wbicb be was called to testify
and wbile tbere may be sonu' sliiibt cont i-adictions, upon tbe
wbole tbe story stands unsbaken from tbe tirst to tbe last.
Ui.' uave sucb a minute and ])erf(M-t descri])tion of tbe man be
saw foilowiu!:; (\nanau,ub only a few minutes before bis deatli
tbat it was impossible to (^sca]>e llie concdusion as to wlio it was.
It is true be siivs tbat for s(niie time lie tried to e\ade liivinii'
any infoi-mation wbicii would leail to an accusation a,L;ainst
Iltirst, but be explains bis e^■asion (tn tbe final ti-ial by saA'iuii
tbat llurst was bis fi-iend and tbat be did nol want to divuliie
tbe facts be knew so ;is to imi)licate ITurst, but tbe evidence
submitted to me (dearly (b'inonstrates ibat on tbe day after tbe
]nurder of ('avanauub, (lilmore speaking ])i-i\at<dy to two of
liis friends, toid tbem that I be man be saw followinii Cava-
nauub tbi'ous'b tbe alley was Jose]>li (\ l!ui-st. Tudonbtedly tb"
offense was committed at or about tbe bour from 8:25 to S :80
in tbe eveniuii'; Cavanaugb left llie post ottice at 8:24; be bad
jj!:one not more tban 25 steps before be j^assed tbe witness Gil-
!)4
iiioiv \\lio ii;id just rtiiisliiMl uiilniidiii.u- a load of wood; it was
a bright iiiooiiliiiiil iiii;lit; lie passed within nine feet of Uil-
more going in t'.ie direction (d' liic poiiii where he was miii'-
dei-(Hl; abont thirty five feet behind him foHowed a man con-
siderably lalb-r than ('.i\ anangii, weighing abont lbr> jMMinds
\\lio bent his body forward as he walked; had a hmg body;
peaked features with, a hooked or Uonian nose; a light niiis-
taclie; he walked rather on his heels, was a jdgeon toed ])erson
and lifted his toes a little higher than the nsnal person
in walkijig; he had on a saek coal; thecoHar Inittoned np (lose
around his necd^ ; he had on a hat; he was walkiim a little
bit faster than ravanangh and foll(»wing directly after him and
passed within nine feet (d" the witness (Jilmore who swears that
he observed him carefnlly while he was walking the distance
of tifty or sixty feet. (Jihnore swears ]M)sitiv(dy that he conld
see him then as clearly as lie saw Iliirst on the day of the trial,
and that the person following Cavanangh w as none other tlniTi
Hurst, ^^'ithin the s])ace of two or three minntes .Mrs. Steele
and her linsband went down this alley abonr two hundred te(4,
and within al^ont fifteen or twenty fec't of ('a\anangirs barn
and the spot where his body was fonnd she saw two men
standing, ont^ of them she took to be ^fr. Cavanangh, the other
a man considerably taller; these men started towards the
Cavanangh liarn only tifte(-n or twenty feet away, the
short(M- man in front and the taller man behind, only abont one
step, at this moment she ]>assed into the house and out of
sight; this Avas at S :25 o"(do(d< when she entered the li(»iise by
her tinie])iece. Dr. Hunt swears that sonietinu^ between S :25
and S r.").') after lie had just ari-ived from the drug stoi-e he was
wiiting a prescription and heard noises like a mnlHed voice or
exi)ulsive sounds mingled w ith other noises right in the neigh-
b(n-hood of CaA'anauiilTs I»arn which was distant only about
seveul \'-ti\"e or one hnndred feet. The Myers I>rotliers swear
that just about 8:30 o'clock they were in the north end of the
alley leading from CaYanaugh's barn; they were going along
the street, crossing the end of the alley heard some kind of
a holler !ilx<^ a ])ei-son hollering \\ ith the hand over his month;
lliis they heai'd * wice w ithin a second of time; they looked u]) the
alley in the direction of Cavanaugirs !)arn and saw a man with-
in about ten or fifteen feet of the barn walking rapidly out of
and across the end of the alley; he was leaning somewhat for-
wni'd as ho walked; tliey i)ai<l no further attention and went
oil. The next niorninj;' Ca^anaugh's body was found at this
spot in the alley near his barn witli a i)air of cuff buttons and
a book Avliieh he luid gotten np town only a few minutes before
he was killed. In my opinion the time between when Mrs.
Steele saw the two men standing in the alley and the time when
Dr. Hunt heard the noise and when the ^Myers boys heard the
noise and saw one man leaving the alley couldn't have exceeded
more than four or five minntes; and the time between which
Gilmore saw some man following Cavanaugh and the time
\\ lieu Mrs. Steele saw them standing in the alley couldn't have
exceciU'd three minutes; it is perfectly clear then that who-
i^wv followed Cavanaugh down the alley at about 8:24 or 8:25
was the same person that killed him, for it would have been
impossible for that ])erson who followed him to have gotten off
of the scene and some other person to have come upon the
scene and kill Cavanaugh within the short time without be-
ing seen by some one. The whole thing then resolves itself into
the identit}^ of Hurst. This identity the jury say has been fixed
upon him beyond a reasonable doubt, and they are the judges
of the facts and the credibility of the witnesses, and the courts
have expressed themselves as satisfied with that finding.
Again there are other facts tending to fasten this crime upon
lliirst ; ^^ itnesses went upon the stand and testified to threats
made by him against Cavanaugh which he did not deny ; he was
examined before the coroner's iurv and before the examining
court; his story on the two occasions differ in material points;
he seems to be unable to account for his whereabouts at the
critical moment. Again the description which Gilmore gave
was so minute in every particular that if it had not fitted Hurst
that fact certainly would have been shown on the trial. On the
next day \^hen he was infoi-med of the murder of Cavanaugh he
made no effort to in(|uire into it or to go near the scene of
the murder, or the coroner's inquest; these are pectiliar cir-
cumstances when we consider I hat tiie murder occurred in a
small town like Glendive. (Jertain clothing was found in
Hurst's house which belonged to hini liaving blood stains upon
it; while it is true that this is only a slight circumstance, yet,
there is no attempt on the part of the defense to explain it.
Counsel for H^irst now claim that the reason why they did not
put liim on the stand Avas because they tliought there had been
no case made against him. The true reason, however, is to
be found in a. letter written by Hon. G. W. Myers to Mr. C.
P. Connolly. Among other things in that letter Mr. Myers says :
''I do not believe Hurst could liave been safely put on the wit-
ness stand in his own behalf owing to the number of people
who would have contradicted hiin as was explained to you by
(reneral Haskell while you were at Glendive: Now as to why
Hurst's good character was not put in evidence, under the feel-
ing existing at. the time of the trial it would not do, while we
could find a number of people that would swear they knew
Hurst for a number of years and that he had a good reputa-
tion for honesty and industry but we learned upon investigation
that there was a number of leading citizens that would say that
hisreputation \vasbad,so we rested that point on the fact that he
had been nominated for the office of sheriff." This letter gives
the true and exact reasons, no doubt, why Hurst was not put
upon the witness stand. This letter is among the papers filed
with me by Mr. Connolly.
An attempt was made on the trial to impeach the evidence
of Gilmore, in this there was a failure, I apprehend.
Witnesses differ as to the color or the kind of clothing worn
by Hurst on the night of the murder, but with one exception
in about fifteen or twenty witnesses all testified that he wore
a sack coat without any overcoat ; some of them thought it was
a canvas or duck coat ; others thought that it was an ordinary
woolen coat; Hurst denied when examined before the Examin-
ing Magistrate having had a duck coat for a period of six
months, but witnesses swore positively that they knew he was
wearing it only a fe^' da3^s before the murder; and at least
two of them, one of them being Mrs. Dr. Hunt, swears positive-
ly he was wearing the duck or canvas coat on the night of the
murder.
It would be useless for me to continue at greater length citing
the evidence which tended to establish the identity of Hurst,
and that is the sole question to be established. If he is in fact
the murderer as twelve men have said beyond a reasonable doubt,
and their verdict has been approved by the trial judge who
heard all the evidence, and the Supreme Court, then this is not
a case that appeals for sympathy or executive clemency except
so far as it may affect those who are left Ijehiud to mourn the
untimely end.
97
After the most patient uud careful consideration of all the
facts that have been submitted to me, I cannot believe that I
^^'ould be justified in interfering with the judgment of the
Courts in this ease, but that the law must t<ake its course.
Very respectfully,
KOBEKT B. SMITH,
Governor of .Montana.
98
Arbor Day Proclamation
The Legislature of Montana jjrompted by a desire to subserve
the best interests of the state have ordain<Ml l>y law oue day in
etich year to be known and designated as Arbor r)ay.
Nothing that our people can do for any one day in the year
will better serve their individual interests ov the connnon good
of the state than a proper observance of this day. This season
is favorable for the groAvth of trees, plants, vines and shrubs
and everyone should make an especial effort to comply with
the law by planting trees, ])lants, vines and shrubs for the adorn-
ment of our homes, public places and ways.
Therefore, I, Robert B. Smith, (xovernor of the State of Mon-
tana, bv virtue of the authoritv in me vested bv law, do herebv
proclaim May the Sth, A. 1). lUOO, as APvBOR DAY, and re-
quest that all citizens of our commonwealth observe the day
and the law by planting trees, plants, vines or shrubs for the
adornment and benefit of their homes, public ways and places,
and in order that each and every one may be as far as possible
enabled to comply with this good and beautiful custom, I do
proclaim said Sth day of May, 11)00, a Legal Holiday.
(Seal) Done at Helena, the Capital of Montana, this April
14th, A. D. 1900, and of the Independence of the
United States of America the one hundred and twen-
ty-fourth.
ROBERT B. S:NriTH.
By the Governor :
T. S. HOGAN,
Secretarv of Stat«.
9ft
Thanksgiving Day Proclamation
BY THE GOVERNOR:
A PROCLAMTION.
Executive Office,
He]ena, Montana, November 8th, 1900.
Custom has ordained that in each vear one dav should be set
apart and desi^natod as a day of |3i'«ijer and thanksgiving: on
which people should, as far as possible, abstain from their usual
vocations and turn their thoughts to that providential care
which watches over anrl cares for the destinies of men and
nations.
The people of tlie United States, and especially the people of
this splendid commonwealth of ^Montana, have much cause to
be thankful to the all wise Providence for His manifold bless-
ings graciously extended to us. Disease, famine or pestilence
have not been serious or prevalent during the past year, but
health, plenty and the enjoyment of a most favorable season are
conditions which ha^'e prevailed in this beloved state. Our peo-
])le of all classes, whether engaged in mining, farming, stock-
raising, or in shops or business centres have been blessed with
tonstant and remunerative labor and have enjoyed such meas-
ure of prosperity as altogether brings contentment and happi-
ness to our people.
Therefore in accordance with the long established custom
and the proclamation of the President of the United States, I,
Robert B. Smith, (lovernor of the State of ^Montana, do pro-
claim
THURSDAY, NOVEMBER 29th, 1900,
as a day for Thanksgiving and Prayer, and urgently request
each and e^ery person to abstain from their usual business and
^•ocationandas far as possible assemble at their respective places
of worship, there to devote themselves to prayer and songs of
thanksgiving to the all wise Creator who has so bountifully
and generotisly blessed our people.
100
And in oi'der that each and every person may as far as pos-
sible be enabled to comply Avith this request 1 do proclaim the
said 29th of November, 1900, Legal Holiday,
(Seal) Done at Helena, ^Montana, A. I). 1900, November
8th, and the One Hundred and Twenty-fifth year of
our independence. Given under my hand and tlie
Seal of the State.
KOBEUT B. SMITH,
Governor.
T. S. HOGAN,
Secretarv of State.
lUl
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