days ago for supplies & say they were permitted to leave the party
to proceed across the mountains to the S. side. But as they had no
writings with them but notes specifying the state of their a/c which
we did not consider sufficient authority to give them any advances and
deeming it necessary to send them back to Mr Ogden, so that he might
keep his party as strong as possible, they were refused any advances
but a little ammunition to take them back to where they would likely
meet Mr. Ogden. These men are (A. Valle). A. (Curvais) and (Wetacass),
they have brought some beaver & have all money coming to them. Mr
Ogden's notes are dated on the 15 Augt. when all the freemen but 6
had parted from him,[145] his party then was only 15 strong, and he
was going through a dangerous country, they had been successful in
their hunting since Mr Kittson left them.--All the freemen but these
three and another, turned back with the Flat Heads.--These men met the
Indians who went off on Sunday week with the despatches to Mr Ogden, he
was getting on well.--
The Indians whom I left yesterday evening arrived with the horses, some
of them are much fatigued.
Nothing material has occured here since I have been absent.
Tuesday 6
Fine weather.
Mr. Kittson arrived from the Kootenais and has made a pretty good
trade, 99 beaver, 62 deer & 34 elk skins & 2 horses, he changed some
of his horses which were jaded for others. The Kootanies desire a
Post[146] to be in their country this season, though some of those we
saw at the Flat Heads said it would not be necessary.
(To be continued.)
FOOTNOTES:
[88] John McLeod, Senior, stationed at Thompson river or Kamloops.
Consult "Peace River," by Archibald McDonald, for his career.
[89] Probably Charles McKay, son of Alex McKay who was blown up with
the Tonquin, and step-son of Dr. John McLoughlin.
[90] Celilo, or the Falls of the Columbia, above The Dalles.
[91] The Sandy river, Multnomah County, Oregon; camp being near
Washougal on opposite shore.
[92] Portage around the Cascades on north bank, where railroad portage
was built in later years.
[93] The Upper Cape Horn, below Klickitat river; see Wilkes' Map of
Oregon.
[94] This was the long portage of about 4-1/2 miles from Big Eddy to
the upper end of Ten Mile rapids. From here they used their boats to
the Falls, or Chutes, where again carried boats and goods a short
distance. Here was the "Wishram" village of Washington Irving. See
"Astoria."
[95] John Day river, Oregon side.
[96] David Douglas, the English botanist, who was then on the Columbia.
Consult Oregon Historical Quarterly, Vol. 5, pp. 218 and 245-6-7.
[97] Now known as Blalock Island but more often referred to by the fur
traders as the Long Island; opposite Cayote station of O. W. R. & N. Ry.
[98] The Umatilla rapids, above mouth of Umatilla river, Oregon side.
[99] Also called Fort Walla Walla, built in July-Aug., 1818, by Donald
McKenzie & Alex. Ross: consult "Fur Hunters of the Far West," chaptres
6 & 7 and frontispiece for picture of the Fort. Location 1-1/2 miles
west of Wallula, of present day.
[100] South branch of the Columbia, that is the Snake river.
[101] Mr. Thos. Dears, a clerk of the H. B. Co., but not attached to
any special Post. Mr. J. W. Dease, a Chief Trader, was then in charge
of Fort Nez Perces.
[102] The Palouse river of today; the Drewyer's river of Lewis and
Clark, and known to the fur traders also as Payton and Pavillon river.
[103] Spokane House, about 100 miles northward; see Ross Cox'
"Adventures" etc for an account of this trail to the Spokane river.
[104] Meaning the Pend d'Oreille Indians.
[105] Almota Whitman county, Wash., always a favorite Indian camping
place, and meaning the hilly or mountainous stream or place. Lewis
and Clark camped here Oct. 11th, 1805 and mention the Indian houses
described by John Work a little further on in this text.
[106] That is, the junction of the Snake and Clearwater rivers.
[107] Red Wolf crossing of the Snake river, at mouth of Alpown creek
Garfield country, Washington. Col. E. J. Steptoe's expedition crossed
here in the year 1858 on its disastrous expedition.
[108] John Work's corruption of the Indian family name Shahaptin.
[109] The Palouse and the Cayuse tribes. Not unlike Lewis and Clark Mr.
Work was "something of a speller."
[110] Where Lewiston, Idaho, now stands. See page 128 of Vol. 2 of
"Trail of Lewis & Clark" (Wheeler) for photo and description of this
site.
[111] That is, the Snake river proper but designated by Lewis and
Clark as the Kimooenim, while the Clearwater from the S. E. was the
Kooskooske.
[112] A very correct description of "Lewiston Hill" and of the famous
Palouse country beyond. Travelers by stage over that road all remember
it. Mr. Dease evidently returned direct to Fort Walla Walla by the
river.
[113] The regular Indian trail northward followed the line between
Washington and Idaho, generally speaking; consult Mauring's "Conquest
of Coeur d'Alene, Spokane & Palouse Indians" for this.
[114] Probably near Phileo Lake between Spangle and Cheney, Spokane
county, Washington.
[115] Spokane House, at junction of main with the Little Spokane
river, nine miles N. W. of City of Spokane, first established by Finan
McDonald in 1810; Mr. James Birnie in charge. Mr. Birnie afterward
settled at Astoria and Cathlamet near the mouth of the Columbia.
[116] This, and previous entries, give us the actual plans for removal
of this trading post to Kettle Falls on the Columbia, as had evidently
been agreed upon during the winter at Fort George. Consult "Fur Hunters
of Far West" (Ross) Vol. 2, p 162 as to this. Also Gov. Stevens large
map in Vol. 12 of Pac. Ry. Reports.
[117] The Pend d'Oreille river, from its mouth to the Calispel river
and flats near Cusick, Washington.
[118] The Kootenay river.
[119] Evidently Gov. Simpson was not without some gift of humor; he was
preparing Mr. Work for David Douglas' expected visit to the Interior to
collect botanical specimens.
[120] After at least 150 miles across the best farming lands of
Spokane, Lincoln and part of Douglas counties, Washington. Fort
Okanagan was then on the Columbia river side of the plateau at mouth of
Okanogan river.
[121] The San Poll river, from the north.
[122] These horses were for use in transporting goods to the Thompson
river and New Caledonia Districts, which from now on were to deliver
furs and get goods at Fort Vancouver on the Columbia. Up to this time
they had shipped everything to and from York Factory to Hudson Bay,
using the Tete Jaune Pass across the Rocky Mts.
[123] Peter Skene Ogden, who was in charge of the Snake Country
trappers that season. Consult Oregon Historical Quarterly Vol. 10, pp.
229-273.
[124] A half breed named La Prate, who afterward was for many years
resident at Fort Okanogan.
[125] The mouth of the Spokane river.
[126] This name should be Robideaux, another half breed.
[127] Alexander Ross, who had proceeded to Red River with Gov. Simpson
this same Spring and whose family now follows: and Mr. McLeod sends his
family preparatory to himself leaving the Columbia river district the
following spring.
[128] Meaning Fort Vancouver.
[129] That is Whirlpool Rapids at the foot of Nespalem Canyon. Consult
Lieut. Thos. W. Symon's Report of Examination of Upper Columbia River
for this journey from Okanogan to mouth of Spokane river.
[130] The trading post to be known as Fort Colville just above Kettle
Falls.
[131] Probably Spirit Lake Northeast of Spokane, and the little river
mentioned a little further on was probably Rathdrum creek.
[132] Mr. Finan McDonald, who built Spokane House in 1810 and had but
recently left there.
[133] Pend d'Oreille river at Sineacateen crossing, the north end of
David Thompson's "Skeetshoo Road"; later known as Markham's Ferry,
Kootenay County, Idaho.
[134] William Kittson; see "Fur Hunters of Far West" Vol. 1, p. 207.
[135] Thompson Falls, Montana.
[136] Lake Pend d'Oreille.
[137] Probably the Cabinet Rapids in Clarks Fork river. Barrier river
next mentioned is probably Trout Creek of today and maps.
[138] Thompson Falls, Montana, where the Indians would be gathered for
the summer trade and to fish. Mr. Ogden's party was either on head
waters of Jefferson's Fork of the Missouri in Montana, or on the Snake
or Salmon rivers in Idaho.
[139] This wide traverse or crossing of Lake Pend d'Oreille was from
near Hope, Idaho westward across the Lake.
[140] That is at Sinecateen again. During mining days this was the
principal crossing of the Pend d'Oreille river and is well known to all
early settlers of Idaho and Montana and the Kootenay country.
[141] Spokane House.
[142] Probably they had camped for the night at the Hoodoo lake
and this Bindash Campment at Spirit Lake, but impossible to locate
certainly.
[143] Mr. Kittson goes as far as Bonners Ferry, Idaho, near which
David Thompson's "Lake Indian House" had been, for a summer trade with
Kootenays there.
[144] The Colville river and valley, and we now get a glimpse of the
beginnings of actual settlement and trade in that valley. The "little
nick" mentioned further on is Marcus Flat, just above Kettle Falls,
where Fort Colvile (so named after one of the H. B. Co. officials) was
maintained until about 1872.
[145] This refers to the desertions of the H. B. Co. Free-hunters under
inducement from the American traders, concerning which there has been
some reflection cast upon Gen. W. H. Ashley, but without real evidence
to support it.
[146] Probably meaning the rebuilding of the Post or Fort near Bonners
Ferry; a regular Post had been maintained further up the Kootenay river
about opposite Jennings, Montana. See Ross Cox' "Adventures." p. 233.
HISTORY OF THE LIQUOR LAWS OF THE STATE OF WASHINGTON
The State of Washington passed through three forms of government
before attaining statehood. The present state was first a part of the
"Old Oregon" under the provisional government. In 1840 the American
population sent a petition to Congress enumerating reasons for a
territorial government. This petition closed with these words:
"We pray for the high privilege of American citizenship. The peaceful
enjoyment of life, the right of acquiring, possessing and using
property and the unrestrained pursuit of rational happiness and for
this your petitioners will ever pray."
In 1848 Congress approved the "Oregon Bill" and for four years longer
Washington continued a part of the territory of Oregon. The region was
then, in 1853, organized as a separate territory and for thirty-six
years the "Organic Law." with added amendments, served as the
territorial constitution. Washington then became a state in 1889. It
is under these different forms of government and through the different
stages of growth and development, therefore, that the question of
legalizing or prohibiting the sale of alcoholic liquors becomes
interesting: Provisional government, 1843-1849: Oregon territory,
1849-1853; Washington territory, 1853-1889; Washington state, 1889.
The first territorial legislature of the present state of Washington
convened in 1854. During this session of the legislature there was
an effort made to pass a state-wide prohibition law. There had been
widespread agitation upon temperance and prohibition throughout the
country, by such reformers as John B. Gough and Neal Dow. In the
state of Maine Dow's work had resulted in the Maine prohibition law.
The effort for prohibition in the territory in 1854 failed but in
1855 a general liquor law was passed entitled "An act to prohibit the
manufacture or sale or Ardent Spirits in the Territory of Washington."
It is interesting to note the language of this law in the light of the
present.
Sec. 1 says "The manufacture, sale or gift of intoxicating liquors is
prohibited."
Sec. 2 says "A public agent may be appointed to sell spirituous
liquors for certain purposes, such agent to conform to the rules and
regulations of the appointing power and receive a compensation."
There is further provision in this law for bond, for punishment, for
violation and for fines under the law to go to the public school fund.
In addition to this there were two general liquor laws and much minor
legislation which we wish to notice.
This law passed June 30, 1855. Five days previous to this date, January
25, there was an enactment prohibiting the sale of liquor to Indians.
The penalty for violation was a fine of from $25 to $500. These fines
also went into the school fund.
In 1858 another law was passed making it a crime to sell to the Kanakas
(Hawaiian Islanders). This law was re-enacted in 1860.
In 1863, as there came to be more respect for law and community life
was more firmly established, we find the first provision of a jail
sentence for the violation of a liquor law. This was under an act
to prevent the sale of adulterated liquor, which made provision for
inspectors and defined the duties thereof. The penalty for violation of
this law was $500 and six months in jail.
The first law to prohibit the sale to minors was passed on November
9, 1877. For violation of this law there was a jail sentence and fine
not to exceed $500, one or both. At the same session on the same
day there was a law passed to protect those who sold to a minor who
misrepresented his age. Any minor misrepresenting his age was liable to
fine of $25 to $100, and jail sentence of not to exceed three months.
Two years later we find the first law for the recovery of damages for
injury by use of intoxicating liquors. The law holds the owner of the
building liable jointly with the seller. This law was enacted November
14, 1879.
An interesting bit of legislation is a law passed in 1879 restraining
the sale of intoxicating liquor in certain counties, Spokane, Stevens
and Whitman, within one mile of the Northern Pacific Railroad, during
construction. For violation of this law there was provided a fine of
$300 or three months in jail or both.
In 1881 a second damage law providing for damages for one who suffered
injury in person, property or means of support. This law says no
license shall be granted without the consent in writing of the owner
of the building for his property to be used for saloon purposes. The
property then becomes liable and the owner may be held for damages. The
money for damages may be recovered by civil action.
No further legislation of notice follows till the year 1885, just
thirty years after the first general liquor law was passed--thirty
years of attempted control which had not been very successful. The
agitation for teaching the effects of alcohol and narcotics in the
public schools resulted in the passage of such a law in this state
December 23, 1885. This law applies to all schools supported wholly or
in part by money from the territorial treasury. "The County Treasurer
shall withhold the county funds from any school not complying with
the provisions of this act." A fine of $100 is assessable against any
county or state superintendent who fails to enforce the provisions of
the law. This law, passed December 23, 1885, went into effect in July,
1886, and provided that teachers must take an examination in this
subject after 1887.
In the year 1886 a second general liquor law was passed. This law is
known as, "An act to prohibit the sale of Intoxicating Liquors in
Election Precincts of Washington Territory, Whenever a Majority of
Legal Voters of Any Such Precinct, at any election to be held for that
purpose, shall vote in favor of the prohibition of such liquors." This
is quite a lengthy law beginning with Section 1 which defines the terms
used, stating the singular shall include the plural and the plural the
singular. Nouns and pronouns of the masculine gender shall include the
feminine. The term intoxicating liquor shall include all liquor of any
nature. We may infer from this clause that there had been some dispute
over the interpretation of previous laws. Through court cases under
this law an incorporated town or city shall be a voting precinct. This
law contained eighteen different sections.
In 1887 there was a license law passed. This law permits the county
board to license outside of cities and towns. The license fee was from
$300 to $1000 divided as follows: 10 per cent goes to the state; 35 per
cent goes to the school; 55 per cent goes to the county. In cities the
council may grant the license. Then 10 per cent goes to the state, 90
per cent goes to the city. Bonds are fixed at $1000. It was approved
February 2, 1888, to be in force sixty days after approval.
In 1893 there was a law passed amending municipal incorporation liquor
tax regulation.
In 1895 a law was passed making it a nuisance to sell liquor contrary
to law.
Another law was passed in the same year, 1895, which is of interest.
This was an act prohibiting the sale of intoxicating liquor on or
within two miles of the University Grounds, making an exception of a
small corner of ground in Madison Park on Lake Washington. This law was
drawn by Professor Edmond S. Meany, Department of History, Washington
State University. Illinois has a law similar to this one, but the
limit in that state is one mile while in Washington it is two. In 1903
a law passed prohibiting the sale of intoxicating liquor within the
proscribed limit (of 2000 feet) of state institutions. This applied to
state institutions, not educational as well, and contained a clause
stating that this law would not affect the law concerning the State
University. The fine for violation of this law was a fine of $200 to
$1000. Another law in 1903 was for the search and seizure of liquor.
In 1905 a law passed providing for the license to be endorsed by the
treasurer of the state when he received his share of the license fee.
This law would lead one to believe that there might sometimes be some
irregularity in handling license monies.
Another act in 1905 was an amendment to the act providing for the right
of action for damages.
In 1907 there was passed "An act relating to sale of intoxicating
liquors," fixing a state license fee of $25 and providing punishment
for violation thereof.
A number of measures were passed in 1909; An act to prohibit a
wholesaler from holding an interest in a saloon or acting as bondsman.
The fine for the violation is from $100 to $500 or a jail sentence for
thirty days to six months. Monies loaned for such purposes in violation
of this law are forfeited to the city or state. An act prohibiting the
sale of liquor to Indians or mixed bloods and fixing a penalty for the
violation thereof. The state board of tax commissioners are empowered
to regulate the enforcement of the law of 1907.
The Military Code gives the commanding officer of the National Guard
authority, saying, "He shall prohibit or prevent the sale or use of all
intoxicating liquors. The sale of intoxicating liquor is prohibited
within 2000 feet of State institutions, Normal, Agricultural Colleges,
etc., and provides a fine of $200 to $1000 for the violation of this
act."
In this same year, 1909, the third general liquor law of this state was
passed. This is known as the "Local Option Law." The unit of territory
under this law shall be each city of the first, second, third or fourth
class each unclassified city having a population of 1000 inhabitants
and each county having no first, second, third or fourth class city.
Under this law the question shall be submitted at the general election
or at special elections by the petition of 30 per cent of the electors
at the last general election. This is quite a lengthy law and would
appear to cover almost every point of regulation of the traffic. One
clause of the law says, "No provision is intended or shall be construed
to violate or contradict the laws of the United States." The text of
this act contains twenty-three sections. This local option law passed
the Senate February 18, 1909; passed the House March 4, 1909, and was
approved March 12, 1909.
We are now close to the present time and it may be well to notice that
in 1911 an effort was made to amend the law of 1909. The amendment was
introduced in the Senate by Mr. Falconer and known as Senate Bill No.
121. The bill was read the first and second time and was referred to
the Committee an Morals--evidently an effort was made to kill the bill
in committee. There was two reports, a majority and a minority report.
The former was accepted. The bill was advanced to third reading. Eight
amendments were offered but all were lost. It passed the senate by a
vote of 24 to 16. The measure did not fare as well in the house. Here
also it was House Bill 121. It was read the first time, referred to the
committee on rules of order, reported back without recommendation, then
indefinitely postponed.
The legislature in 1911 did at least pass one measure. This law made it
a gross misdemeanor to permit minors in saloons.
The general law of 1909, which is known as the Local Option Law, was
secured through the temperance forces of the state. The strongest
and most active organizations are the Independent Order of Good
Templars and the Anti-Saloon League. The Good Templars of this state
have in addition to the American order a branch society among the
Scandinavians, which numbers several thousand voters. Much credit for
the advance in temperance and anti-saloon sentiment in Washington
must be given to George F. Cotterill, the former mayor of the city of
Seattle. Mr. Cotterill has not only been active among the American and
Scandinavian Good Templars of which he is the national head in America,
but he has been fully as diligent in the circles of organized labor.
Labor organizations have been active in temperance agitation. They
realize that sober men command a higher wage than drinking men and are
quite as zealous as the church in training their members to stay sober.
The question of "State Wide Prohibition" will be submitted to a
referendum vote of the people of the state in 1914.
We have the same question confronting us today that we had 59 years ago.
ANNA SLOAN WALKER.
DIVORCE IN WASHINGTON
In the matter of divorce, the commonwealth of Washington has passed
through a social evolution. In the early part of the territorial period
it was a common practice for the legislature to enact private laws,
granting divorces. The first of these divorces on record was granted
by the Oregon territorial legislature as far back as 1845. The ease
with which divorces could be obtained resulted in a wholesale abuse
of this legislative privilege. According to Arthur A. Denny, Fayette
McMullin accepted the office of governor of the territory and came
to Olympia for the expressed purpose of obtaining such a legislative
divorce. Mr. Denny was plied to vote for the measure but refused. He
never would vote for a divorce bill, and always told the applicants
to go to the courts for their divorces. Mr. Denny's attitude on the
question was shared by many others, as the constant opposition to the
practice shows. As for Governor McMullin, he was successful in getting
his divorce. It was granted on the 25th day of January, 1858. Two other
such divorces were granted at the same session. One was granted at the
following session and fifteen at the next. The average at the next
few sessions was between ten and fifteen. McMullin afterwards married
Miss Mary Wood of Olympia. The fact that he was removed from office
for incompetency in July, 1858, will serve to give one an index to his
personality. His term of office was from 1857-59 and Charles H. Mason,
secretary of the territory, filled out the unexpired term.
A more sturdy type of man, who served as war governor, was William
Pickering. His views on the granting of legislative divorces is
but a voicing of the general sentiment. Prior to his arrival in
the territory, unhappy married people had usually applied to the
legislature for the granting of divorces. At nearly every session
one or more acts had been passed and the divorce business had been
particularly active during the two preceding sessions, at one of which
fifteen and the other seventeen such acts had been passed. Secretary
Turney, as acting governor, had declared against this practice in the
message he sent to legislature in December, 1861, but no attention
was paid to his recommendation that it be discontinued. Turney's
attitude on the question was expressed as follows: "All good citizens
acknowledge and respect the marriage relation. Yet, the interests of
society are often stabbed and stricken down, and public sentiment
outraged and insulted by disregarding that sanctity, in severing those
who have been united in wedlock's holy bands. Those ties should be
sundered only by courts of competent jurisdiction, and only for one
cause--the scriptural ground for a writing of divorcement."