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not now, able to put said road in a passable condition, or maintain the same in repair: That the increasing travel of tourists to the National Park from the East, and the constant use of said highway by the military, while passing from Forts Keogh and Custer to Fort Ellis, demands that the same be improved and kept in repair, that travel over the same may be rendered safe and practicable at all seasons of the year.

And your memorialists would further represent that there is no public highway through the National Park, only a trail, which has been used by hostile Indians in the past two years in passing from Idaho into the Yellowstone valley: That said trail enters the said Park at, or near, Henry's lake and emerges on the Yellowstone: That a public highway, if opened through said Park, would admit of easy and rapid movement of troops through the same with their. transportation, shorten the distance to and from Henry's lake seventy-five miles, and, with a military post at Henry's lake, would afford an effectual barrier to the movement of hostile Indians through that section.

Therefore, your memorialists pray your honorable body to make a sufficient appropriation to open and repair said road, and build said military post at Henry's lake. And your memorialists will

ever pray.

SAMUEL WORD,

Speaker of the House of Representatives.
ARMISTEAD H. MITCHELL,
President of the Council.

House Joint Memorial asking Congress to pass an enabling act for Montana Territory. To the Honorable, the Senate and House of Representatives of the United States, in Congress assembled:

Your memorialists, the Council and House of Representatives, composing the Legislative Assembly of the Territory of Montana, would respectfully petition your honorable bodies to pass an enabling act, at an early day, whereby the people of Montana may, in accordance with usual custom, take the necessary preliminary steps for becoming a sovereign state and entering the Union as

such. Your memorialists would further represent: That, to the best of their information and belief, Montana has a present voting population of about 15,000, and a total population of about 45,000, which will easily be doubled within the present and next succceding year. Your memorialists join in this petition, not because they are ambitious of an undue preponderance of power in the National Congress, but because this seems to be the only alternative left them to secure the fundamental and inalienable rights of American citizenship, among which have always been accounted a right of representation in the supreme legislative body that enacts the laws that effect their lives, liberties, and property, and a veice in the selection of their rulers.

The adult population of our Territory was reared in the States, and have been accustomed to the full exercise and enjoyment of the rights of citizenship; They have furthermore been educated under the principles of the Declaration of Independence and the Constitution of the United States, to believe that taxation and representation were naturally and necessarily associated, and that governments derived their just powers from the consent of the governed, and naturally they expected to find such principles recognized in any form of government emanating from the Congress of the United States.

We have no voice or vote in the choice of President, or of a single member of Congress, or any other of our rulers. The power possessed by our delegate is scarcely greater than, or different from, the ordinary right of petition possessed by every subject under every form of government. The powers of local legislation

are secured to us only under an organic act that is merely an ordinary piece of legislation, subject to repeal and continual alteration, without consultation with, or knowledge of, those to be directly effected thereby. Even within these restrictions our enactments are subject to veto by an executive not chosen from or by our people, nor accountable in any way to them, and also to be annulled by Congress upon a partial hearing and with very imperfect knowledge of the subject.

Our legislators, thus restricted to mere fragments of uncertain power, are also so limited in number as to allow inadequate representation of a Territory so vast and with such a diversity of

interests. They are further limited in time, and in compensation to the wages of ordinary day laborers, nor are they allowed to make decent provisions for themselves. The result is that they have no sufficient power or independence left to perform their functions in decent self respect, nor usefully to their constituents.

Believing they would dishonor you, themselves, and the very name of American citizenship, to submit to such a servile lot without remonstrance at least, your memorialists address your honorable bodies with confidence that you will give us speedy deliverance, if no other course remains, through an enabling act which shall authorize our people to frame a state government, and thus secure to themselves and posterity those constitutional rights of American citizenship which it seems that only citizens of a State can enjoy.

SAMUEL WORD,

Speaker of the House of Representatives.

ARMISTEAD H. MITCHELL.

President of the Council.

INDEX

ΤΟ

REVISED STATUTES OF THE UNITED STATES, AND
SESSION LAWS OF CONGRESS, RELATING TO

GOVERNMENT IN MONTANA.

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1849.

APPORTIONMENT.

Ratio of representation, p. 5,
Legislature to make, p. 29, chap. 329.
APPROPRIATIONS, contingent, p. 18,
? 1935.

ASSOCIATE JUSTICES.

Appointment of, p. 11, 2 1877.
Salary of, p. 11, 1879.
ATTORNEY-GENERAL U. S.
Penitentiary under control of, p. 14,
1893.

Penitentiary transferred subject to, p. 18,
1936.

ATTORNEY, See U. S. Attorney.
BOUNDARIES.

Indian Territory excepted out, p. 1,
21839.

BILLS, Legislative.

Governor to return in 3 days, p. 2,
1842.

BILLS, of exception, p. 9, ? 1869.
CAPITAL, how selected, p. 12, 1885.
See Seat of Government.

CENSUS, when to be taken, p. 4, 1847.
CHARITABLE CORPORATIONS, &c.,
p. 13, 1890.
CHARTERS.

Words in act prohibiting Territorial Leg-
islatures from granting, &c., construed,
p. 28, chap. 168.
Heretofore granted for municipal pur-
poses, &c., ratified and confirmed,
p. 28, chap. 168.

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CONGRESS.

Supervisory power over Territorial laws,
P. 5, 1850.

Appropriations of, p. 12, ? 1886.
CONSTITUTION.

In force in Territories, p. 13, 1891.
CORPORATIONS.

Religious and charitable, real estate
limited to $50,000, p. 13, 1890.
Surplus escheats to U. S., p. 13, 1890.
Vested rights unimpaired, p. 13, & 1890.
See Incorporations.

Municipal, pp. 28, 29, chap. 168.

Private rights not created, p. 29, chap.
168.
Contracts not affected, p. 29, chap. 168.
Corporation debts, p. 29, chap. 168.

142

INDEX TO REVISED STATUTES OF U. S.

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1862.

DELEGATE TO CONGRESS.
Elected and rights of, p. 8,
First election of, p. 8, ? 1863.
Citizen of U. S., must be, p. 15, ? 1906.
DESERT LAND.

Citizen of U. S. may reclaim not to ex-

ceed 640 acres, &c., p. 25, & I.
Declaration must describe, p. 26, ? 1.
Definition of term, and how proven,
p. 26, 22.

What considered such to be determined
by commissioner, p. 26, 3.
What States and Territories act applies
to, p. 26, 8 3.

DISTRICT COURT.

Jurisdiction, common law and chancery,
P. 9, 1868.

In U. S. cases, p. 16, 8 1910.

Judicial power vested, p. 16, ? 1907.
DISTRICT COURT OF U. S., p. 16,

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GOVERNOR.

1841.

1841.

Term of office, p. 1, 1841.
Removed by President, p. 1, 1841.
Reside in Territory, p. 1,
Commander-in-chief, p. 2,
General powers of, p. 2, 1841.
Bills to be approved by, p. 2, % 1842.
Veto power, p. 2, 1842.
Secretary, acting governor, p. 3. ? 1843.
Salary of, p. 3, 1845.

To cause census to be taken, p. 4,
1847.

To direct manner of holding first elec-
tion, p. 4, 1847.

To apportion, p. 4, % 1847.

Extra compensation not allowed, p. 6,
? 1855.

To nominate certain officers, p. 6, 8 1857.
To fill vacancies, p. 7, 1858.

To district Territory and temporarily
assign judges, &c., p. 10, ? 1873.
Appointment of, p.11, 2 1877.
Oath of office, p. 11, 1878.
Extraordinary sessions; to call, p. 17,
8 1923.

Contingent expenses of, p. 18, % 1935.
Salary, no payment until, p. 19, & 1941.
HABEAS CORPUS. See Writ of.
HOUSE OF REPRESENTATIVES.
Members, where to reside, p. 4, 1846.
Apportioned according to ratio of popu-
lation, p. 5, 1849; p. 29, chap. 329.
Number of members, p. 5, 1849; p. 17,

1922; p. 29, chap. 329.
INCORPORATIONS.

Legislative Assembly may pass general
incorporation acts, p. 13, 1889.
Words in act relating to, construed, p. 28,
chap. 168.

INDIANS.

Rights of person and property not im-
paired, p. 1, 1839.

Indian territory not embraced within
the boundaries of the Territory, p. 1,
21839.

Authority to regulate lands of, &c., p. 1,
1840.

IRRIGATION. See Water.

JUDICIAL DISTRICTS.

Judges to divide Territory, p. 9, & 1865;
p. 16, 1914.

Judicial power, how vested, p. 16, 1907.
JUDGES.

Supreme court, p. 9, 1864.
Term of office, p. 9, 1864.
Oath of office, p. 11, 2 1878.

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