Idaho Territory Fends Off One Last Partition Attempt [otd 02/29]

On February 29, 1888, Congressional Delegate Fred T. Dubois sent the following telegram to Milton Kelly: “House committee on territories to-day reported unanimously against any division of Idaho. This ends the fight.”

Judge Kelly. Illust-State photo.

Milton Kelly was the operator-editor of the Idaho Statesman, published in Boise. He was born near Syracuse, New York, in 1818. He became a lawyer in 1845 and practiced for many years in Wisconsin. Kelly moved to Placerville, Idaho in 1863. He then represented Boise County in the first Idaho Territorial legislature.

In April 1865, President Lincoln appointed him an Associate Justice for the Territorial Supreme Court. Six years later, he moved to Boise City and bought the Statesman.

Kelly actually showed remarkable restraint when he inserted the telegram text in the next day’s issue. His brief editorial about it did advise the partition supporters to “help build up Idaho instead of trying to tear it to pieces.”

As noted in several of my blog articles, many residents of North Idaho did not want to be part of Idaho Territory. That became especially true in Lewiston after the south “stole” the capital away to Boise City in 1864. The northerners hoped to become part of Washington, or perhaps a totally new territory.

The partition notion also had another root. The Republican-dominated U. S. Congress made Nevada a state in October 1864, even though its population fell well below the preferred minimum for statehood. (As a state, the region offered a Representative and two Senators who were “safely” Republican.)

To “bulk itself up,” in 1866 and 1868 the new state added major chunks of Utah and Arizona territories. Anti-Mormonism bolstered the Utah acquisition. And clearly the mining camps in the wedge that became southern Nevada benefited from being part of a state rather than a weak Arizona Territory.

Emboldened, starting around 1869 Nevada officials tried to carve a chunk out of southern Idaho. Thus, in January of 1870, Nevada Senator William Stewart introduce a bill to add all of Idaho south of the Snake River to his state. News moved slowly in those days. (Boise had to wait five years before it had a telegraph link to the outside.) Even so, nine days after the bill was introduced, protesters held a mass meeting in Idaho City to denounce it.

The bill hung around the halls of Congress for some time, but apparently died in committee, finally. Attempts to give the Panhandle to Washington, in 1874 and 1882, also failed. Backers of these ploys were simply no match for the political savvy of the Idaho leaders and their allies in Congress. Although the partitionists seemed to be close to their goal at times, the Territory remained intact.

Delegate Fred Dubois.
Library of Congress.

The Nevada annexation scheme surfaced yet again in 1886. By that time, miners had exhausted the best silver lodes in Nevada, and the state’s population was plummeting. (It lost almost a quarter of its people between 1880 and 1890). Adding the growing population of southern Idaho could offset the decline.

Led by Idaho’s shrewd and politically astute Delegate, Fred T. Dubois [blog, May 29], the Territory and its allies fought back in Washington, D. C. Internally, they made concessions to North Idaho – guaranteeing a university there [blog, Oct 3], and so on. This eroded northern support for partition. Shortly after Dubois sent his triumphant telegram, Idaho began to prepare for statehood.
                                                                                 

References: [B&W], [Illust-State]

“Constitutional Convention and Ratification,” Reference Series No. 476, Idaho State Historical Society.

“Good News from Washington,” Idaho Statesman, Boise (March 1, 1888).

John R. McBride, U. S. Representative and Chief Justice for Idaho Territory [otd 02/28]

Judge McBride.
Photo from findagrave.com

On February 28, 1865, President Abraham Lincoln – just 45 days before he was shot by John Wilkes Booth – appointed John Rogers McBride as Chief Justice of the Supreme Court of Idaho Territory. The appointment typified the patronage system of the times, but the result turned out to be a happy exception to the norm.

Although Territorial governance followed the same structure as the Federal system, voters in the Territory had no say over the executive and judicial branches: The President appointed the Governor and a panel of three judges. One of the three was designated as the Chief Justice.

In those early days, appointees to positions in Idaho were almost never residents of the Territory. They usually came from the more settled Midwest, or the East. For many, the transition to the “Wild West” came as a major cultural shock, and quite a few fled after getting one good look. To make matters worst, the salaries were miserably poor.

James H. Hawley, who was elected as state Governor in 1910, lived through that era [blog, Jan 17]. In his History, he observed that the system supplied judges that were "lawyers of only mediocre ability or political henchmen, who received their appointments as a reward for services to the party, rather than for their legal ability."

Emigrant train, ca 1846. Library of Congress.

This could have been similar. A loyal Republican, McBride got the appointment after being defeated in a bid for re-election to Congress. However, unlike many who came later, he knew the West. His family had emigrated to Oregon in 1846, when John was thirteen years old. He studied law while also serving as a school superintendent in Yamhill County, and was admitted to the Oregon bar in 1857.

In 1860, Oregon voters elected him to the state Senate. Two years later, he won election to the U. S. House of Representatives, where he was awarded some worthwhile committee assignments. However, his 1864 re-election bid failed, whereupon he received the Idaho Judgeship.

Commenting on this appointment, Hawley wrote: "an able jurist and an honest man, Judge McBride most favorably impressed himself upon the litigation of the territory and ... was beloved by the bar of the state and highly esteemed by all of its people."

McBride soon got down to business, traveling all over the Territory. The Idaho Statesman reported (August 10, 1865) one example: “Judge McBride, after a full hearing and a very thorough investigation, issued a peremptory mandate ordering Slocum to pay over to Dr. Smith, the Territorial Treasurer, about $14,000 … ” In this case, Slocum, the Treasurer for Boise County, had found some pretext to withhold “a large amount of funds” from the Territorial treasury. McBride made him pay up.

McBride was the only one of the first four Chief Justices appointed to the Territory who served most of the usual term – the others lasted an average of under 11 months. McBride resigned in July 1868 to establish a private law practice in Boise. He was soon called back into public service to supervise the construction of the U. S. Assay Office in Boise City [blog, May 30]. He then served as Superintendent while the Office was being readied for business.

In 1872, McBride moved to Salt Lake City and established the firm of Sutherland & McBride. After eight years in Utah, he relocated his law practice to Spokane. He passed away there in July 1904.
                                                                                 

References: [French], [Hawley]

Jonathan Edwards, An Illustrated History of Spokane County, State of Washington, W. H. Lever, San Francisco (1900).

"McBride, John Rogers," Biographical Directory of the U S. Congress, online.

Pocatello Brewer and Soft Drinks Bottler Robert Hayes [otd 02/27]

Robert Hayes.
J. H. Hawley photo.

Pocatello businessman Robert J. Hayes was born February 27, 1861 in Oswego, New York. The family moved to Chicago about six years later. Hayes struck out on his own at age sixteen, making his way west by “night herding” – tending draft animals – for a freight outfit. He then landed a job with the Union Pacific Railroad, first in Cheyenne, Wyoming, then in Rawlins.

After three years of that, Hayes returned to night herding, working for a freight line that operated between Helena, Montana, and Fort Benton. For a time, he held a contract to furnish the Northern Pacific with wood. Then, for about six months, he operated a pack train out of Bozeman.

Unable to find steady work, he took odd packing jobs in California and Arizona. Meanwhile, the Utah & Northern Railroad, a UP subsidiary, built a narrow gauge railroad across Eastern Idaho into Montana. To support that operation, the company built yards and a set of shops in Eagle Rock (later Idaho Falls). In 1884, Hayes hired on at the shops.

However, after two years, he moved to Blackfoot to take a position as Deputy Sheriff. During his two-year tenure in Blackfoot, the railroad relocated its shops from Eagle Rock to Pocatello. That change fueled even more explosive growth in that junction town.

Sensing opportunity, Hayes also moved to Pocatello. There, he partnered with Nathan G. Franklin and went into the business of bottling soda water. Such drinks were growing rapidly in popularity at that time. The firm of Franklin & Hayes got in on the ground floor; there plant was one of the first, if not the first built in southern Idaho.

Franklin & Hayes Brewery, Pocatello, 1907.
Bannock County Historical Society.

They soon developed a full line of soda waters and soft drinks. In time, they also built a brewery and added beer to their product line. The business was not without danger. The Idaho Statesman reported (October 9, 1900) that Franklin had been hit by a soda bottle explosion “and it is feared the sight of his right eye is destroyed.”

The partnership flourished, shipping beverages to many points in Idaho as well as into Utah, Wyoming, and Montana. According to Hawley's History of Idaho, the company "grew to be one of the largest of the kind in the state, with one of the best equipped plants."

Hayes was very active in Republican party politics, being Chairman of the Pocatello Central Committee for a time. He also served on the Bannock County Board of Commissioners and chaired that body for awhile. Despite his prominence within the party, Hayes never ran for any higher political office.

Franklin & Hayes letterhead. eBay memorabilia image.

Although he sometimes hunted and fished, Hayes generally favored less strenuous activities. He enjoyed music and the theater, and was, according Hiram T. French, “very fond of lectures and a good speech.”

Hayes was perhaps plagued by poor health. Although he was only in his early fifties, he retired from active participation in the soda and beer business about 1914. Or, perhaps, he saw the coming of prohibition, which would ruin the most profitable part of their business. The partners had already been fined $500, each, for some violation of the local option liquor laws (Idaho Statesman, April 12, 1913).

Hayes passed away in August 1918.
                                                                                 
References: [French], [Hawley]

Idaho Supreme Court Justice George Stewart [otd 02/26]

Idaho Supreme Court Justice George Harlan Stewart was born February 26, 1858 in Connersville, Indiana, about fifty miles east of Indianapolis. He was something of an intellectual prodigy: George leaped through a “common” education to himself teach at country schools in his late teens.

Law School at Valparaiso, ca 1880. Valparaiso University Archives.

After several years, he entered Northern Indiana Normal school, in Valparaiso. (In 1900, the school became Valparaiso College, now University.)

George completed their “scientific” course in 1879, at the age of twenty-one, and immediately entered the school’s law department. He graduated in 1881 and was soon admitted to the Indiana bar.

In 1882, Stewart opened a law office in Fowler, Indiana, 15-20 miles northwest of Lafayette. After four or five years there, “on account of failing health,” he moved to a small town in southwest Nebraska. For the next several years, he made a name for himself. Not only did his practice flourish, but he was also elected as county Prosecuting Attorney.

Stewart moved to Idaho in 1890, and immediately involved himself in Republican Party activities. He opened a practice in Boise City with a partner who had over a quarter century of experience with Idaho law. It’s perhaps no surprise that he was elected to the state Senate in 1893. Two years later, he ran for the office of Boise City Mayor, against developer Walter E. Pierce [blog, January 9]. Stewart lost the razor-thin election, 438-436.

George soon partnered with another rising young attorney, William E. Borah. (Borah went on to become a six-time U. S. Senator from Idaho [blog, June 29].) In 1896, the sitting Judge of the Third Judicial District resigned and the governor appointed Stewart to replace him.

When election time came two years later, Democrats and a major faction of Silver Republicans united to nominate a “fusion” candidate to fill the District Judge position. The Prohibitionist Party made no selection, while the Populist candidate withdrew in favor of the Fusion nominee. (One rather wonders what sort of “deal” they cut.) Thus, loyal Republican Stewart faced what appeared to be an insurmountable challenge. Yet, such was Stewart’s reputation, and political skill … he won handily.

Judge Stewart. H. T. French photo.

In 1899, Governor Steunenberg selected Stewart as judge for the trial of union miners involved in bombing the Bunker Hill & Sullivan ore mill. (The judge for the district that included Shoshone County declined to serve.) Despite the high emotions and drama of those trials, George emerged with his reputation as a jurist not just intact, but enhanced.

Thus, running on his very successful district court record, Stewart was elected to the state Supreme Court in 1906. Historian Hiram T. French noted, "In due course he became chief justice during the last two years of his term."

Despite some questions about his health, he was re-elected "by a good majority" in 1912. French wrote his History during the course of that term and said, "His present term bids well to copy fair his past."

That was not to be, however. Stewart suffered a stroke in March of 1914 while he was presiding over the district court in Moscow. He recovered enough to return home but the consensus was that he might never be strong enough to resume his duties.

In May, he entered a sanitarium in Portland, where it was hoped their program of fresh air, light exercise and constant nursing care would restore him to full health. Sadly, he suffered two more small attacks during the summer. He died from a final massive stroke on September 25, 1914.
                                                                                 

References: [French], [Hawley], [Illust-State]

"Idaho Jurist Dies," The Oregonian, Portland, Oregon (September 26, 1914).

[Stewart newspaper items], Idaho Statesman, Boise (March 27, May 12, July 21, 1914).

Woolgrower and Boise Business Executive Thomas McMillan [otd 02/25]

Sheep rancher and later Boise investor/manager Thomas McMillan was born February 25, 1865 in Scotland. As a young teenager, he worked in a Glasgow bank. His older brother John came to the United States in 1881, and their father brought the rest of the family over a year later.

Thomas followed John west and herded sheep in Wyoming for a while. Then, around 1886, the brothers each settled down near Corder Station, located about twenty miles southeast of Boise. When John became postmaster at the station, he persuaded the Post Office to call the place Mayfield, after an ancestral home town in Scotland.

Thomas McMillan [Hawley]

For the next thirty years, the McMillan Sheep Company was a major wool producer for Idaho. In 1893, John played a prominent role in the creation of the Idaho Wool Growers Association. Thomas was not among the Charter Members, but he soon joined the organization. Both brothers served terms as president of the Association.

In 1897, Thomas married Roxie Corder, daughter of the pioneer operator of Corder Station. He then began to spend more and more time in Boise. With the sheep company prospering, the brothers were looking for other promising investments. One such project turned out to be a new luxury hotel to replace the famous, but antiquated Overland Hotel in the heart of downtown. The brothers teamed up with two other sheepman, one related by marriage. None of them knew anything about the hotel business, so a fifth investor was a man who had helped operate the Overland.

Construction of what they called the Idanha Hotel took about ten months and on, January 1, 1901, the investors hosted a private opening for friends and family. Two days later, they let the general public in. (The Overland was torn down in 1904 and replaced with an office building.)

As president of the Idanha Company, John moved permanently into Boise after the hotel opened. Thomas, however, split his time between Boise and Mayfield for about the next decade. Still, in 1906, he was among a group of investors who bought a majority interest in the Boise National Bank. He became an active Director of the bank.

By the spring of 1910, Thomas had moved his entire household to a residence about two blocks north of the Idanha. Three or four years later, he began a long tenure as the Secretary-Treasurer of the Idanha Hotel Company. Then, in 1915, he added a Director’s position with the Boise Stone Company to his duties. A couple years later, he withdrew from any active role in the sheep business. By early 1920, he was managing the main quarry for the Stone company. It’s not clear how long that lasted, but he was still loosely associated with company almost two decades later.

Idanha Hotel. Library of Congress.

Thomas was a Vice President for the Boise National Bank from 1923 through 1932. After that, he became more involved with the Idanha company and eased out of an active role with the bank. Thus, when brother John died in 1936, Thomas took his place as president. He and Roxie also moved into a suite at the hotel. Thomas would remain president until his death in September 1953.

However, around 1940, when Thomas was in his mid-seventies, he brought his oldest daughter, Mrs. Roxie (McMillan) Johnson on board as Vice President and manager of the Idanha. Having assumed a major management role in the late Forties, she sold the hotel in 1962. Listed on the National Register of Historic Places, the Idanha has since been converted to apartments and small shops.
                                                                                 

References: [Hawley]

City Directory: Boise, R. L. Polk & Company, Detroit, Michigan (1900-1953).

Dick D’Easum, The Idanha: Guests and Ghosts of an Historic Idaho Inn, Caxton Printers, Ltd., Caldwell, Idaho (1984).

“[McMillan News],” Idaho Statesman, Boise (September 26, 1893 – Nov 7, 1938).

Sandra Ransel, Charles Durand, Crossroads: A History of the Elmore County Area, Elmore County Historical Research Team, Mountain Home, Idaho (1985).

Six Miners Killed in Sudden Mining District Fire [otd 02/25]

On Tuesday, February 25, 1902, about three o'clock in the morning, the residents of the connected Standard Boarding and Lodging houses slept quietly. Most of them worked for the Standard Mine, located on Canyon Creek, about five miles northeast of Wallace, Idaho.

Standard Mine, ca. 1910. University of Idaho archives.

Placer miners prospected Canyon Creek for gold in 1884. However, as happened for many Coeur d’Alene strata, they failed to note the valuable lead-silver lodes buried in these ridges. The following spring, Timothy McCarthy and three partners explored the area and located the Standard Mine. Born in County Cork, Ireland, McCarthy left home in 1874 for work in the mines of New Zealand and Australia. He came to this country in 1880 and, after three or four years in California, moved to northern Idaho. Within a month after finding the Standard, his skill allowed them to find another dozen claims in the area. There were collectively referred to as the Standard Group.

The claims proved so promising that the owners built an ore mill the following year. They located their mill closer to Wallace, near the mouth of the Creek. The partners sold the property to a large mining company in 1891. After awhile, rail lines served many claims along the canyon. By the turn of the century, observers considered the Standard Group the most productive properties in all the Coeur d'Alenes.

On this morning in 1902, flames suddenly flared in the wood frame structure of the Boarding and Lodging houses. The fire probably started from the stove in the room where the men’s work clothes hung to dry. However, the destruction was too complete to be certain later.

The fire moved so quickly, there was no time to use the building's fire fighting apparatus. Some men had no warning at all. Even those who awoke in time had to resort to desperate measures … the flames blocked the internal staircase leading to the building exit. About a dozen men, some also with severe burns, were injured leaping from the top floor windows.

Fearing that the fire would spread to the Standard Mine works, firefighters dynamited the home of one William Fletcher. That stopped the flames, but the home was a total loss, along with the residence halls.

Searchers found the bodies of four men – all but one under twenty-five years old – among the ashes and charred timbers.  Newspapers as far away as Boise, Portland, and Seattle reported about the fire. The Portland and Seattle articles provided complete lists of the known dead as well as those of the seriously injured. The Oregonian, in Portland, said, “There is no hope for the recovery of McCallum and Bowhay, and very little for Yarbrough.”

W. J. McConnell, Early History of Idaho.

Indeed, doctors and their hospital assistants were unable to save the first two. Thomas Yarbrough survived despite excruciating burns. Nine men required treatment for lesser injuries suffered in the fire or in jumping to safety. The report in the Idaho Statesman said, “W. C. McConnell, who is named as among those less seriously injured … is a brother of Mrs. W. E. Borah.”

Besides being brother-in-law to future U. S. Senator Borah [blog June 29], William C. McConnell was also the son of former Idaho Governor and U. S. Senator William J. McConnell [blog, Sept 18].

The Illustrated History described the event as "one of the worst disasters of its kind in the history of the Coeur d'Alene."
                                                                                 

Reference: [Illust-North]

Newspapers: “[Deadly Mining District Fire],” Seattle Daily Times, Idaho Statesman, Boise, The Oregonian, Portland (February 25-26, 1902).

Rancher, Attorney, and Idaho Chief Justice Alfred Budge [otd 02/24]

Judge Alfred Budge.
H. T. French photo.

Alfred Budge, Chief Justice of the Idaho Supreme Court, was born February 24, 1868 in Providence, Utah, just south of Logan.

Two years later, the family moved to Paris, Idaho, where his father William played a prominent role in the Mormon Church as well as in Idaho politics. William served two terms in the Territorial legislature and, in 1899, was elected to the state Senate.

Alfred attended preparative academies in Logan and Provo, Utah, before serving an LDS mission in Germany and Switzerland. (In preparation, he made himself fluent in German.) Upon his return, he entered the University of Michigan Law School. He earned an LL.B. degree in 1892, and returned to Idaho, where he was admitted to the bar. Just two years later, voters elected Albert to be District Attorney in Bear Lake County. At the end of that term, he was elected county Prosecuting Attorney. About that time, he also served on the Paris city council.

According to the Illustrated History, about two-thirds of the registered voters in Bear Lake County belonged to the Democratic Party at that time. The writers made particular note of the fact that Alfred, like his father, belonged to the Republican Party … yet both received substantial majorities when they ran for local offices.

Until events led him to focus on state-wide concerns, Budge took an active role in business matters in southeast Idaho and northern Utah. Besides a ranch property, he owned shares in a flouring mill, and helped promote and build a hydropower plant to furnish electricity to area communities. He also had interests in the Bear Lake State Bank, serving as Director and Vice President, and in another bank in Cache County, Utah.

Alfred continued in county-level legal offices until 1902, when – in a hard-fought election – he became Judge of Idaho's Fifth Judicial District. Re-elected for a second term, he moved his family to Pocatello in 1911-1913. He held that position until 1914, when the Governor appointed him to the Idaho Supreme Court.

Idaho Capitol Building, ca 1915. J. H. Hawley photo.

At the next election, Budge ran successfully for the Court position and continued to do so – "most of the time without opposition" – for the next thirty years. In 1919, the Judge purchased a home in Boise and moved his family there (Idaho Statesman, March 16, 1919). He lived in Boise the rest of his life.

He acted as Chief Justice for a considerable portion of his time on the Supreme bench. With that long tenure, Budge participated in, and often led, the legal analyses that virtually defined the state's jurisprudence.

In 1929, the Judge was appointed (The Oregonian, November 25, 1929) as the President of the first Idaho Judicial Council, a body created to review and improve judicial procedures and practices in the state. (The Council concept lapsed shortly thereafter in Idaho, and was not revived until 1967.)
His expertise was recognized outside the court: The University of Michigan awarded him an honorary Master of Arts degree, and the University of Idaho awarded him an honorary Doctor of Law degree. He spent a summer as Visiting Professor at the Northwestern University Law School, and regularly served as a Special Lecturer at the University of Idaho College of Law.

Budge was half way through his sixth elected term on the Supreme Court when he died in January 1951.
                                                                                
References: [B&W], [Defen], [French], [Hawley], [Illust-State]

Chinook Thaw Floods Lower Clearwater and Other Rivers in the Region [otd 02/23]

The Lewiston Teller newspaper reported that on Sunday, February 23, 1879, "a regular Chinook visited us." The report provided no firm numbers, but the notorious Chinook wind can raise air temperatures by as much as 50-60ºF in a matter of hours.

Low ground flooded in Lewiston, ca. 1890.
U.S. Army Corps of Engineers.

In the day or so before, warm air had moved in from the coast. West of Lewiston, gushers from thawing in the high ground quickly raised the level of the Snake River. At the same time, the temperate air mass had rotated around south of town. Heavy runoff from those mountains had further swelled the river and, with no where to go to the west, had already caused high water around Lewiston.

The Chinook then flowed over the city and spurred similar melting in the ridges and plateaus to the east. The paper said, "On Monday the Clearwater was full from bank to bank with floating ice."

Creeks all across the area were correspondingly high, many carrying "much debris and small rocks." As a result, the paper said, "Roads were rendered entirely impassable by reason of the road beds being washed out in many places."

To make matters worse, the torrents carried away many smaller bridges. Only the desperate or foolhardy ventured about on horseback. In most areas, stagecoach traffic slowed to a crawl or came to a standstill – the Teller noted that the mails were almost universally late. Ice jams totally halted ferries trying to cross to the north: "The northern mail did not depart until Wednesday noon owing to ice in the Clearwater."

Four-horse stage. Library of Congress.

The Monday stage to Walla Walla tried to make it through, but a swollen creek overturned the vehicle at a crossing ten to fifteen miles out. The driver and a passenger finally struggled from the waters about 150 yards downstream. The lead horses somehow escaped the rigging and scrambled through. Some Indians rescued the other two horses and the coach about a third of a mile down

At Lapwai, the flood undermined the foundations of the saw and grist mill and swept it down the river. Not only did the water swallow up "a considerable quantity of wheat," it caught two men inside. The torrent carried the men downstream "about a mile and a half before they could be rescued, and their ultimate escape from death was almost miraculous."

Water spread into many occupied areas and a major irrigation canal near Lewiston was damaged. Debris filled everything that didn't simply wash away. A log "boom" – a floating barrier to confine a supply of timber – broke and hundreds of logs tumbled downstream, causing further damage.

Stories of impacts in other areas appeared for awhile afterwards. The Oregonian, in Portland, reported (March 8, 1879) heavy damage on that date along the Palouse River, to the north. Besides considerable property loss, a young man had been swept away and drowned. Another man, “with a bravery bordering on recklessness,” jumped into a rowboat and tried to save him, but failed.

As usual with such outbreaks, temperatures quickly fell back to normal and most of the flooding subsided in a few days. Unfortunately, the paper noted, "The whole section was damaged considerably and the loss will amount to many thousands of dollars."
                                                                                 
Reference: [Illust-North]