Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-11-01

Montana, Wnlcn was the SlnBu1dfly an
propriate choice Of J. M. Ashley {
Ohio, who made a valiant fight fo
its retention, and only at the las
moment was victorious
The boundaries Of the territory out
lined. the next step was TO proVid
for its government. A month passeC
and on the 22d of June, Sidney Ed
gerton, formerly chief justice Of Idaho
was appointed as governor OF Mon
tana, and confirmed by congress. On
the same date Lorenzo P. Willistoi
was commissioned as an associate jus
tice, and Edward B. Neatly as attorne,
for the territory Lyman E. Munson
the second associate justice, was no
commissioned until March IL, 1885
With the appointment of Hezikiah L
HOsmer to the chief justiceship, OF
June 80, 1864, there was at least tn,
framework of a government, although
it still lacked the territorial secretary
and an associate justice.
July is of the same year N. P. Lang
! ford and Truman @. Everts were COM
missioned, the former as collector, and
! the latter as assessor Of internal rev.
enue. There was now a working force
ready to begin the much-needed task
of establishing law and order in a
section of the country that had known
little of either; the miners courts and
the vigilance committees resulted from
the absence of better ways of admin
istering justice.
The capital of the territory being
the duty of the governor to name,
was established at Bannack, and q
proclamation issued by him calling
for an election for the legislature on
Oct "a. 1864. The election took place
as ordered, and the following mem
bers were elected:
The Council
Frank M Thompson, Beaverhead
county.
Erasmus D. Leavitt, Beaverhead
county.
Frank L. Worden, Chouteau, Deer
Lodge and Adissoula counties.
Nathaniel Merriman, Jefterso
county.
Charles S. Bagg, Robert Lawrence
and Arson S. Potter, Madison county.
Robert Lawrence was president of the
council.
The House
william Faulds and Andrew j.
Smith, Beaverhead county.
James Stuart, Deer Lodge.
Isaac N. Buck, Milo COPYRIGHT and /
George Detwiler, jefferson county.
John H. Rogers, Patrick Ryan, villa
Alexander E. Mathew, Fran
els Bell and w. j. Mccormick, Madi-
son county.
John owen was elected from Mis-
soula, but did not attend. E. B. john
son serving in place of Major Owen.
George Detwiler was speaker of the
house.
This first legislature convened at
Dec. II, 1864, in building
which had been rented for the pur-
pose. It was the usual rude log struc-
ture, designed for a business house,
with the additional architectural
much affected in pioneer
days, of a board front. 1 never knew
It's dimensions, but as the building
was but one story in height, and had
no rooms for committees, it could not
nave been very convenient. Later, the
small cabin across the Grasshopper,
hat had served as Bannack's first
was purchased to serve
Is a committee room.
The first days of the legislature
we're stormy ones, the majority Of its
members being anti-administration,
While the governor was intensely
Union. The trouble arose over the
Lttempt to seat Col. John Rogers, for
nerly Of the Confederate army. Of !
icials were then required to swear
hey had never borne arms against
he United States government. This
COLONEL Rogers could not and would
lot do, yet his friends were insistent I
hat he should be seated The gov
rnor was equally insistent that he t
hould not. Both sides remained firm S
ntil the difficulty was settled by the
of Colonel Rogers. In con-
idering this incident, it should be
that the oath prescribed
or those holding office was a war
me measure, and that the governor S
ad sworn to uphold the laws Of his
ountry, country Colonel Rogers had
ought to destroy.
The message of Governor Edgerton :
D the first legislative assembly of the
srritory of Montana, after the usual
ltroduction, opens with these words:
Gentlemen: You have met here the
representatives. of the people, in the
rst legislative assembly of the terri
Dry of Montana. To your hands is
1mmitted the honorable but respon-
BILE duty Of enacting such laws as
i'll conduce to the happiness and
of the people. To enact the
rst laws; to set in motion the ma
linery of a government for a young
ut rapidly growing territory is a task
no ordinary import, and the limited
me assigned for your labors by the
ct Of organization, will require of
~ the most patient industry and un-
verving devotion to business. I have
o doubt you have assembled with
lie energy and reSolute purpose COM
ensurate with the high and respon-
BILE duties you have assumed, and
becomes my duty, as well as my
ighest pleasure to cooperate with
III in every measure for the advance
ent Of the interests of the people
this territory"