Browning chief. [volume] (Browning, Mont.) 1941-1953, 1941-08-22

In the winter OF 1866 and 1866
Acting Governor Meagher called a
session of the legislature The laws
passed by this session Of the legisla-
ture were annulled by Chief Justice
Hosmer and Associate Justice Munson.
A third session was called during the
winter of 1866 and 1867 It's laws. like
those of the prior session, were also
annulled by these judges. The fight
between the legislature and the judges
was extremely bitter.
The i'll feeling engendered between
the judges and the legislature went
so far as to cause the legislature to
pass a law dividing the territory jul
dicially and assigning these judges to
districts in the bad lands, uninhab-
tied at that time by anybody but
Indians. and requiring these judges to
reside within their districts. This con-
dition of affairs continued growing
worse all the time. until the matter
was finally carried to congress for its
action by the judges and their sup
porters.
Congress to Rescue
AS a result. congress by an act en-
titled An act amendatory of an act
to provide a temporary government
for the territory of Montana, approved
May &c, 1864" annulled the acts OF
the second and third sessions of the
legislature of the territory of Montana.
! This act. also. empowered the judges
of the territory to define the judicial
/ districts of the territory, and to fix
and appoint the times and places OF
holding court in the several counties
| of the districts, and authorized the
governor of the territory on or before
| the first day of July after the passage
of the act to divide said territory into
| legislative districts for the election OF
representatives of the house and coun-
Gil, thereby reviving the legislative
power of the territory which it was
claimed had lapsed by the failure of
the first legislative session to provide
| for second session. This action of
congress settled the dispute between
the legislature and the judges but it
by no means put an end to the feel
ing of animosity that continued TO
exist between these two departments
of the territory.
The governor. in the pursuance OF
this act Of congress, proceeded to dis
trict the territory into legislative dis
tricts. and called together the fourth
legislature. which passed the act as
above stated, changing the name of
Edgerton to Lewis and Clark county.
Whether Governor Edgerton, who was
then residing in Akron, O., took any
part directly or indirectly in procuring
this congressional legislation We have
no means of knowing. In Sanders
history it is stated, however, that Col.
w. F. Sanders, who was a nephew of
Governor Edgerton and at that time
the leading republican in the territory,
did go to Washington and urge this
legislation. Now it may be true that
the legislature. which was democratic.
might have visited what they consid-
cred the sins of the nephew on the
head of the governor
Civil War On
To properly understand the condi-
lions that existed at that time, it
must be remembered that the horrible
Civil war had not long ended; that
the inhabitants of the territory were
from every part of the nation, and
that sectional passion and prejudice
still existed in the hearts and minds
of the people. The people were all
radicals, Governor Edgerton was a
radical, the judges were radicals, and
the legislature was composed Of radi-
Gals, the large majority being radical
democrats and. as Colonel Sanders
used to say in those days, elected by
the Irish and the Missourians. Sanders