Browning chief. [volume] (Browning, Mont.) 1941-1953, 1942-04-17

The territorial assembly Of 1864 was
not the first one conducted in the
present boundary of Montana The
initial one was held at Bannack City
in March, 1862. 1t was local in COM
plexion and was called for the bene-
fit and control of the gold miners OF
Grasshopper gulch nearby.
Gold had just been discovered in
paying quantities and as usual there
was sudden influx Of miners. Ban
mack boosted of a population of 400
souls during the winter OF 1862
However, it will be remembered that
in 1862 Montana territory was not or
ganized and all soil east of the Rocky
mountains was known as "Dakotah"
territory with its capital at Yankton,
so that this original session of law
making Of which John H. Shober was
presiding officer, was a session cred
tied to Dakota sovereignty and not to
that Of Montana territory.
The organic act creating Montana
territory was approved by congress
May 20, 1854
OF interest to the student is the
comparison OF our capitol at Helena
with the crude log building in lonely
mining gulch at Bannack City which
served the original purpose. The latter
building was covered with a dirt roof,
the senator's seats and benches were
constructed Of unplaned pine boards.
while the speakers table was built Of
rough-hewn timber. Coal oil lamps
furnished the light and a large wood
stove gave off the required heat.
Laws Demanded Were Explicit
Laws demanded were Immediately
enacted; they were short, brief and to
the point The codes were clear and
couched in simple language and the
ordinary citizen could interpret them
as readily as the skilled lawyer
The most important and numerous
laws enacted concerned mines and
water rights, criminal laws. highway
laws which related to toll roads.
bridges and ferries and laws and
treaties with the Indians.
The safety Of the early upright citi-
zen was questionable. for there was
a serious crime wave passing through
the mining camps and over the prin-
cipal highways of the infant territory.
In any grand rush or stampede to a
new gold field there was always a
large percent of criminals who fol-
lowed along to fleece the upright and
hard-working miner.
During the two previous years the
Vigilante committee under the leader
ship OF x. Beidler had made a re-
markable record in subduing the most
desperate of the criminals by means
of a quick trial and quicker hanging
to some favorite post, beam or tree.
With the coming of Judge Munson
territorial Judge, along with the GRIM
inal codes recently enacted, which were
fair, yet severe to the evil-doer. the
more conservative citizens thought 1t
better to disband the famous Vigilante
committee and allow the new laws and
Judge to mete out justice to the high
waymen.
First Governor Calls Election
In the fall of 1864 Sidney Edgerton
recently appointed governor Of the
new territory of Montana, called cleo
lions in the original eight counties to
select councilmen and representatives
to the first territorial legislative as
!sembly to be held at Bannack City
Dec. IL, 1854 At that time most Of
the organized counties were clustered
about the Rocky mountains with the
exception of Chouteau county, whose
settlement was largely due to the large
trading post at Fort Benton.
This point was the main terminal
for the steamboats, on the Missouri
river and the jumping off place
where passengers and freight were
transferred from boat to bull and mule
teams. and thence conveyed to the
mining towns in the rocky interior.
The permanent settlement Of Mon
tapa was due to the discovery Of gold
and as that rare and precious metal
was found in the highlands, naturally
the mountainous district was the first
to be generally settled.
AS per call of the governor the legis-
lators met Dec. u, 1864, at Bannack
CITY and proceeded to organize.
Six of the eight original counties
we're represented: Dawson and Big
Horn counties did not have a sufficient
population to call an election.
The following members of the house
and council were sworn in and seated:
House Of representatives-From Beav-
erhead county. William Faulds and
Andrew Smith; from Deer Lodge
county, James Stuart: from Jefferson
county, Isaac n. Buck, Milo Court
right, George Detwiler; from Madison
county. John H. Rogers, Patrick Ryan
villa Huffaker. Alexander E. Mayhem
Francis Ball and washington Jay Nc
Cormick; from Nissoula county, =. b
johnson.
ONLY nine persons we're elected to