Helena Semi-Weekly Herald from Helena, Montana • 4

THE WEEKLY HERALD. R. E. FISK, Editor. rail UKU.IY, I lltY 1871.

Til r. C' HI i.r. 1 'ul'li'li tlit Capital bill entitled "an act to amend an act to locate the scat of government Montana Territory." It was drawn by Col. AV. F.

Sanders. Tin: appicovyi. or TIBI: C'APITAI. HII.I.« The entire population of Helena, and. we believe, a large majority of the people of the Territory, heard with some satisfaction yesterday of the disposal of this question by the Governors signature, remitting it for final action to the people at the next general election.

To the of Helena, the favorable result so fir obtained comes with peculiar satisfaction on the their great calamity. It will In Ip to revive their hopes, energies an 1 ambition. There is no longer any doubt question that all our former burnt will re-built with more substantial an 1 elegant than any that have heretofoje occupied tin m. Our streets will be widiin our he'i-es generally built of brick an imp i gulf will be (Published lietneen the wealth ol oitr city and the dangt tou- lenetnents the Ciiinoe. C)ur streets -hail 1" kept dear ol dangerous aw nings and swinging signs ami cumbersome wood piles.

In tine, we that our will now re-huild otu so as to prolit by all the ssiith of experience of past ten at-. We a general disposition and an ability to tlo -o. and we bave a law by which tiie bw who might otherwise thwart our general be compelled to form to rules of gi neral good and safety. i While we rejoice at the passage and ingot' this bill, we would caution our citizen-against any fooli-h exhilcrution. remembering that once before we reached the point at pre-eut attained, ewn further.

Hy an liom .1, popular vote, we secured the Capital a majority ot between 400 and 500. While lew were direct participators in the open crime, a huge number rejoiced over it, and enjoyed lot years the fruitsof the fraud. When our Virginia i temporary recently indulged in his empty charges of treachery, fraud and corruption in the rugult of the last vote on the Capital bill, we could only wonder at the unblushing effrontery of the writer, ho must have been conscious at the time that there is not an intelligent man in this Territory who is not perfectly convinced that lor the past four years Virginia City has been the uV faeto Capital by the results of as black criminally as ever was expiated in a State prison. It is a matter of common notoriety now who were engaged in the conspiracy, here and bow it was doue. It is too unpleasant a subject to consider dispassionately.

We have never believed that anything thus acquired could prove a like all tleasures obtained by crime, that one has been to every of Virginia City a brand of guilt, and their town has been fading away as if a curse rested on it. We no desire to mingle our rejoicings with a revival of such bitter feelings as our first wrongs would justify. We only say that even now we would prefer that Helena might never enjoy the inustiye of being the Capital of Montana, if any step towards that is to be tainted with fraud. The idle threats of the about keeping us irom ever having a railroad we rati read with a smile and leave unanswered. We are not the le ast offended, in fac admire the persistency with which the friends of Virginia fought to the last to retain the Capital there.

We bilieve, however, that every onsideration that could have weighed to decide the location of the Capital is strongly on the side of Helena, aud we furthermore believe that the question was honestly decided in our favor onc before by the votes of the people, and that we are now only tardily entering into possession of our rights. The generous and steady assistance of the members iif both Houses from Deer is deserving of espei i il praise, and we hope our citizens will appreciate it fully and perpetually, and that all local, unworthy strife and recrimination may never arise again on any account. We do most sincerely hope that all our citizens and business men may strive to do their part to remove any lingering feeling of distrust or jealousy among all ho come to Helena on any errand of business. All In nor our wot thy Governor for doing his duty without tear or favor. Let us remember that the victory is not yet linal, but from this time till August let us work to make and deserve friends ui all parts of the Territory.

Jt Gakku.an, of Meagher county, introduced a bill in the Council on Tuesday last appropriating $5,000 for the purpose of opening the Muscleshell Wagon Hoad; also, for the improvement of certain roads in Missoula county. Governor Toits publishes a statement in the Monta nian showing the espouses of the Territorial Penitentiary for the month of January, as exhibited to him by the officers' report of that institution, which were $634. For the month of December the expenses were a reduction of nearly $400. a AtllatICAX Fish and other foreign travelers, says "who have paid hurried visits nnlr Km an exchange, to the United supreme beauty of American women, have generally found occasiou to aniraadvcit upon their lack of home qualities. They repeat, in 1 form or another, the same complaint, that American women are physically degenerated, and have a dislike to keeping house, and particularly to do housework themselves.

It seems to us that this complaint has very little foundation in fact, and is attributable mainly to the circumstance that most of the foreign travelers, who visit us on a grand tour of inspection, necessarily stop at hotels. Stopping at these public places, they indulge in a sort of Emersonian generalization, and argue that because a number of families board at hotels, therefore the whole American family life is a hotel life. Hence they argue that American women do not like home life, and are averse to accepting the burdens that arc inseparable from life in one's own home. But what a shallow reasoning this is! In all the hotels of the city of St. Louis, for instance, how many families may be assumed to be permanently quartered? Prolttbly less than a hundred.

The others who board in the hotels do so partly because they have not yet derided where to build up a home of their own, and partly because, in this restless American life of ours, there are necessarily a large ntimhei of temporary residents, who do not feel themselves arranted in arranging a home of their own. In the rarest instances is this hotel life the result of a desire to avoid the duties of home life. It is a grors slander upon American womanhood to say that American women are not anxious for a home. The desire for a home of their own is inbred in them, as it is in all of the Anglo-Saxon race; and what is more, they love to grace it, to make it comfortable and cheerful. This often may lead to extravagance, hut still it shows the natural propensity of the American woman.

She will not tolerate hare floors, if by any ingenuity, she can help it. She will not have windows without curtains and for the harmony of the colors of curtains and carpets the American woman has a most exquisite eye. 'Faste of cblor, indeed, characterizes the American women above all other women of the earth, except, perhaps, the Parisian. No woman dresses so well, walks so gracefully and independently, hears herself with the same innate sense of self-determination and royalty. In all these respects tlic Air.eiiean woman tries to make home as loveable as possible to her husband and her children, and no prize is dearer to her heart than that which assures her that she has succeeded in the attempt." The Kiug of Italy has got himself iuto a bad scrape.

He is morganaticnlly married, as ail the world know's, to the Countess Rosina do Miafiori, having been induced so to marry her on the representations of his confessor, when, a few years ago, he was in a dying condition. Now, the new law, establishing civil marriages in Italy, acknowledges no morganatic marriages, and the King may, therefore, be forced to make the marriage real, and thus elevate his sweetheart to the dignity of Queen of Italy. This would probably never have become a subject of public discussion if the Almanae de Gotha, an official authority on such subjects, had not willfully, with malice aforethought, cllcd attention to the matter. The Italian journals arc now in a state of great excitement on the subject. Kry West is an island four miles long and one and a quarter broad, bounded on eue side by the Atlantic, and on the other three by the Straits of Florida and the Gulf of Mexico.

It has a population of souls. The houses are of wood, with spacious piazzas, shaded by cocoa and almond trees. 'Flic harbor is capacious, where the largest ships can ride in safety. It is protected hy a fort. Cuban refugees make up a majority of its inhabitants since tlie troubles between Spain and Cuba.

Some time ago one Rcsley shot aud killed Loyd L. Clary, editor of the Cumberland, Mil Times for seducing his sister. Resley has just been on trial for the of Clary, the jury returning a verdict of "not guilty." That was a manly jury, and a noble verdict, and the audience in the court seemed to think so, for they greeted the verdict with cheers, aud when the prisoner was discharged, they escorted him home in tri- I umph. It seems that the architect of the new "Colosseum" in New York City has "builded better than he knew," since it has been discovered that iu the general circular promenade there is a perfect whispering gallerypossessing such accoustic properties that the slightest whisper is conveyed a distance of one hundred feet to the opposite side with perfect accuracy. In this respect it is pronounced superior to the celebrated whispering gallery in the dome of St.

Paul's Cathedral. Steamers now' take their cargoes at the foot of the Andes for Europe direct. The mineral wealth of the Cordilleras, awaiting development, will seek the Atlantic by this route. Although trade with this region was scarcely known previous to 1840, much was learned of the country from the various explorers, among whom were Spia, Martins, Count Casteins, Wallace and Herndon. In 1851 Peru and Brazil encouraged a line of steamers by a treaty favorable to the conntiy.

From the Daily Herald of February 14. THE BANQUET AT JHE INTERNATIONAL. Plf TO JI DRE SVKIA. Speeches by of the Har an! Prominent Hou. G.

G. Symes, having decided to remove from this Territory, and establish himself in the practice of the law at Denver, Colorado, the members of the Helena bar held a meeting and adopted resolutions expressive of their regret at the Judge's departure, and of their admiration of the learning, ability and integrity with whieh he presided over this Judicial District as Associate Justice of the Supreme Court and of his energy, ability anil upright and courteous conduct while practicing at the bar since his resignation from the Bench. A committee waited upon and asked the Judge when and where it would be agreeable to receive the resolutions, and the members of the bar and some of his personal friends were invited to partake of a banquet at the International instaurant, on last evening. At the appointed time (ft o'clock) the members and invited guests met, when, in addition to the resolutions, there was presented to tiie Judge, as a token of the friendly regard and high esteem in which lie is held in this community, an elegant goldi headed cane, with the following inscription HON. SY Es, 1 Justice of Court, Py the rs ol the liar, and the Citizens Helena." Col.

W. F. Chadwick, a leading practitioner of the bar, made the presentation speech. Col. Chadwick spoke of the satisfactory and able manner in whieh the Judge had presided in Ltis district of the way he had won the confidence of the people; that by his courtesy, learning and gentlemanly bearing and devotion to the interests of his clients since practicing, he had endeared himself to his professional associates, and commanded the respect of the entire community.

A Ye cannot give even a synopsis of the Colonel's address, which was characteristic and appropriate to the occasion. Judge Symes responded in his usual happy and eloquent style, lie thanked the members of the bar for their kind expressions of good will, and the beautiful present. Said he valued it more because it came from those with whom he had been intimately associated, both on the Bench aud at the bar, for over four years, and that, with their encouragement, he would go forth among strangers and enter the contest for professional success with more confidence. The Judge spoke feelingly of the kindness with which he had been treated by the fraternity and the people of Montana; said that wherever his future should be cast, he would look back to his mountain fitliuga of unalloyed He spoke in terms of high praise of the Helena bar said that in many a hard forensic contest he had been compelled to summon every energy and every resource he could command and that if success should attend him, he would attribute no small part of it'to his intercourse and his contests with them. He referred to Montana and her inexhaustible mineral and agricultural resources, and the brilliant future that awaited her paid a glowing tribute to the progress of Helena aud the indefatigable energy of her citizens, and said that he should expect, in a few years, to return to Montana on the North and South narrow gauge railroad aud find all his friends rich, happy aud contented.

No man more than himself would rejoice at her prosperity. AVe should like to give the Judge's speech in full, but waul of space will not permit. Suffice it to say the address was eloquent and impressive, and commanded the closest attention. At the conclusion of his remarks, the Judge was warmly applauded. Hon.

E. AY. Toole responded to the first To the Bar of in eulogistic terms to the learning and ability of the late Associate Justice, unqualifiedly endorsing all that Mr. Chadwick had said in his presentation address. He paid a handsome tribute to the legal fraternity of Helena, and closed his speech by proposing a toast to The School Fund." Responded to by Cornelius Hedges.

He said he wished Judge Symes every success wherever he might cast his lot, for he deserved it, and he would bid him good bye reluctantly. He thought he (Symes) would find there was no country after all that offered so many inducements as this Territory that he himself had never attached himself to so good a country, although he had met with many disappointments, yet new hopes were constantly springing up. In conclusion, he hoped the Judge would soon get what he sought most, and what every man should he would not he surprised to see him come back soon, and not alone, either. Col. Johnston proposed as a "To the men who knew how to keep a hotel." Responded to by AVm.

E. Cullen, who said that one of the best evidences that these gentlemen could keep hotel was the bountiful table before him. He felt himself too full for utterance. AV. F.

Chadwick drank to the health of the merchants of Helena, which was responded to by A. Sands, one of the leading dry goods merchants of Montana, who said he felt rather diffident, after the eloquent remarks of the learned gentlemen ith whom oratory is a profesfession. He endorsed all that had been said in favor of the honored guest of the evening. Socially, he seldom met a more pleasant and genial gentleman, or one more upright and worthy. Joseph K.

Toole proposed as a I toast The Miners and Mineral Resources of Montana Responded to by Professor Molj litor, in his usual happy, though somewhat eccentric style. Air. Chadwick proposed "The Federal Officials of Montana." which was responded to by Marshal AVheeler. The Marshal concluded his remarks by proposing "TheSocial City," which Capt. T.

P. Fuller, U. S. Collector of Internal Revenue, responded to in a veiy neot little speech. Judge Hedges drank to the health of the Bench of Montana," to which R.

II. Williams, replied. He spoke feelingly and fluently, but was often interrupted by some one proposing to take another drink. At this juncture Col. Johnston arose aud asked Bishop Bullock to read a poem, which was politely declined, the Bishop remarking that he had left his manuscript at the office.

Harry Comly, having been called upon for a speech, briefly replied. He said it would be supererogation on his part to speak after so many brilliant scintillations of wit, and so many cold chunks of wisdom. Mr. Chadwick proposed the health of "Our Bankers," which w'as responded to by D. C.

Corbin, Cashier of the First National Bank, also by George AV. Fox, President of the People's National Bank, and Aaron Hershfield, ot the hanking house of L. II. Hershfield A Bro. M.

A. Maycndorff proposed The Press of Helena," which was responded to by Jos. Magee. The toast "To the County Officers was replied to by J. Nebuchadnezzar lleldt, County Recorder.

Ilis speech was briet but to the point. II. R. AVilliums drank "To the health of the Army." Responded to by Major R. C.

AV'alkcr, Paymaster U. S. A. lie referred to Montana in terms of high praise, and of the liberality of her people, and said that chanty never sought relief in vain said he came from the old Keystone, and drew a comparison between the resources ot that State and the boundless resources of which, he said, were inexhaustible. AVhat we needed most was railroad communication with the outside world iu order to attract immigration and capital to develop these resources, and when this shall have been accomplished, he predicted that Montana would speedily become one of the great States of the Union, lie closed his speech, which was one of the best of the evening, by expressing the hope that Judge Symes would come back to us again, as he knew' he ould meet with a generous welcome on his return.

Capt. Bailey, of the Surveyor General's office, replied to the toast of "The Girl I Left Behind Ale." Bullock proposed the health of "the Longfellow of the bar," and called upon J. K. Toole, our talented young District Attorney, to resend, whieh he did iu a very neat and happy speech, during which lie read several beautiful stanzas of original poetry. The ladies were toasted, and found able and Comly.

A toast was proposed to "our Deer Lodge friends," and responded to by Con. Kohrs, a prosperous miner and farmer of the AVest Side. J. J. AV'illiams was then called upon for a speech, in response to which he arose and delivered the following beautiful address: Air.

Chairman and brothers of the Legal Fraternity Our distinguished brother, G. G. Symes first appeared in our midst, a stranger to us all, in June, 18G9, clothed in the Judicial garment which he proudly and honorably wore for a term of two years, and then returned it to the great and noble power from which he obtained it, unblemished and unsullied, in a perfect state of preservation and purity, as white as the robes of heaven. After he took his seat on the Bench, we soon learned to respect and esteem him for his high legal attainments and the unbiased, delicate and honest manner in which he dealt with the many intricate eases that were daily presented to him for decision. Alany new and difficult questions were brought before him, and, let it be said to the honor of the power that appointed him, himself, and to the gratification of the people of Alontana, that in disposing of them he alw ays proved himself equal to the emergency as a pure, high-minded Judge.

After he had surrendered his judicial power, he took a stand in our midst as an attorney and counsellor at and resumed the practice of his profession, which he has followed ever since with honor to himself and profit to his clients. As time passes on, and we become more intimately acquainted with our worthy brother in the busy walks of life, the respect and esteem that we for him when he was on the Bench, ripened into brotherly love, and we can assure him that now, in taking his departure for his new home, he takes with him the well wishes of the people of Alontana, and the brotherly love of all the members of the Helena bar and should he ever return again, xve wiil assure him that we will all stand with open arms and hearts of brothers ready to receive him. other speeches were made during the evening, in which J. J. Williams.

T. J. Lowry, J. A. Johnston, President of the meeting, Hon.

E. AV. Toole, AV. F. Chadwick and others took part.

Our limited space, however, will not permit even a brief synopsis. The supper, prepared by Henry Wyttenbacli, was excellent, and the table fairly groaned under the luxuries and dainties spread before the guests. Wyttcnbach knows how to keep a hotel, and the supper which he got up on this occasion has seldom been surpassed in the city. good old Heidsiek and freely, rs many who were present can testify. The occasion was a happy and afpropri de one, and a merited compliment to Juuge Symes, for no citizen has commended fcimI self more to the people generally, by bis energy.

industry, generosity sind public spirit in whatever conduced to the prosperity of the city and her people. As a lawyer he has been successful and has prospered, and only leaves us to seek a larger and more inviting field. AVe regret to lose such a valued citizen and wish him every success, and commend him to the people of Colorado, or wherever he may go, as a gentleman in whom they can implicitly rely, and whose acquaintance they will be glad to make. The following arc the resolutions and proceedings of the bar At a meeting of the members of the bar ot Montana, held on the 13th day of February, 1874, at the law office of Chumasero A Chadwick, for the purpose of taking into consideration the early departure from our Territory of Hon. G.

G. Symes, John II. Shober, was called to the chair, and Joseph K. Toole was chosen Secretary, and the following resolutions ere adooted liexolted, 1st That it is with regret that we contemplate the departure from the Territory of our brother attorney, G. G.

Symes, knowing that by his removal we lose an honorable and upright gentleman, a good citizen, an able and faithful attorney, and a pleasant companion iu our professional labors. Jiesoleed 2nd, That while he presided over the courts of this judicial district as one of the Associate Justices of the Supreme Court of the Territory, we ever found him a learned I and impartial judge, always true to the high and important trusts to him confided; 1 after bis retirement from the bench, an honorable and able co-worker in the ranks of profession. Jit-v-lrul, o(f, That it is with pleasure we commend him to the legal profession, and to the public generally, wherever be may choose his field of future labor, and it is our sincere desire that success complete ami lull may crowu all efforts. RiWred, 4th, That the Secretary of thimceting prescut to Brother Symes a copy these resolutions. UNO.

It. K. Tooi.e. Secretary. of the ICouwc anti iLtv Joint Committees on tiae asid Treasurers Accounts aud Rooks, The following reports of the committees appointed to examine iuto the affairs of tue Auditor's aud Treasurer's offices will be of interest to the public and we publish them in full Report of the House Finance Committee on that portion of the Governor's message relating to the Auditor Ain.

Your Committee on Finance, to whom was referred that portion of the Governor's Alessage relating to the payment of the sum of $181.35 tw ice, once to Dezell Gilbert, late Treasurer of Aladison county, and once to I. C. Smith, as administrator of the estate of said Gilbert, begs leave to submit the following report. Alter obtaining all the information we could with reference to the matter, we find, first That said Gilbert was ordered by the District Court, D. S.

AVade presiding, to pay into the court the sum of that being the amount held by said Gilbert of Territorial funds payable to Treasurer Hickman. Second, that said Gilbert did pay said sum, to said court, or to the clerk thereof that said clerk, after deducting the sum of $181.35 as fees and cost in the case of Gilbert versus Barkley and Hickman, and that said clerk ol said court only paid the sum of $075.32 into the hands of said Treasurer Ilickman, which last named sum only appears on the books of Treasurer Hickman, instead of the full sum of the amount paid into court. AVe, your committee, further find, that had the said full amount of $850.07 been paid iuto the Treasury by said clerk of the court, then Treasurer Hickman could have the proper eutiy iu his books by charging himself with said full amount. The Treasurer then, as we contend he was, would have been the proper disbursing officer, whose duty it was to pay the said sum of as fecs and cost in said suit of Gilbert vs. Barkley and Hickman, and then said last named sum would have appealed on the Looks of apurer Hickman, which sum does not tippear.

Your committee further find that, upon examination of the Auditor's books, so far athe same relate to the subject under ration, the entries therein are all correei, and that said Auditor could not, under the law. have acted otherwise than in the manner pursued by him. AVe are, therefore, convinced that the fault or blame in the matter rests in the fact that the clerk of the court failed to pay the full suiu of $850.07 toTreaurer Ilickman, in consequence of which the proper entry does not and cannot appear on the books of said Treasurer. Your Committee, would further state, that we attach no criminal intent to any of the officers herein referred but rather to a careless manner of doing business: aud would recommend that the Auditor be instruct I to proceed to collect according to law sum of $181,35 from the esiate of said (filbert, as it is evident that said -t ite has he paid said sum a second time. Respectfully, SUTTON.

'liai. mau. Report of Committee to examine the Auditor's I r. I books; Aim Si'EAKEU: Your Special int -i mittee, appointed by the au i the House, to examine the Auditors and Tr usurer's books and accounts for the months ending December hist, 1873. ai since the meetiugof the last regular assembly, begs leave to report that they haze made a thorough aud complete examination of all the books, accounts, vouchers and transactions of the Territorial Auditor, during the time above mentioned.

That we find everything corresponding with the Treasurer's books, and the Report of the Territorial Auditor, the legislative assembly, at this session. That the only discrepency your committee find is in the account of Dezell Gilbert, late Treasurer of Aladison county, amounting to $181,35 in favor of the Territory, and against the estate of said Gilbert, which matter has been investigated by the Finance committee of the House, to whose report your committee make reference. That your committee find, upon close exam-.