his seat, and another election being ordered, James C. Strong was chosen, who was sworn in April 14, 1854; B. F. Kendall was elected chief clerk; J. Phillips, assistant; Jacob Smith, of Whidby Island, sergeant-at-arms; and J. P. Roundtree, doorkeeper.

The work of territorial legislatures is usually unimportant and confined to the consideration of but few subjects, because their more important legislation is provided by Congress., The legislature of Washington was no exception to the general rule. The work it accomplished consisted largely of memorials to Congress asking for much needed assistance in the construction of roads, for additional mail facilities, for lighthouses, for the payment of expenses incurred in their Indian war, and other items of relief and assistance. for which the territory was obliged to look to the general government. Several acts, however, passed by the first legislature, deserve special mention. The first was an act passed March 1, 1854, creating a code commission, consisting of Judges Edward Lander, Victor Munroe and William Strong, which prepared a highly creditable code of laws, chiefly the work of Judges Lander and Strong, which practically answered the needs of the territory until its admission as a state. Other important acts were for the creation of the counties of Whatcom, Clallam, Chehalis, Cowlitz, Wahkiakum, Skamania and Walla Walla, all of which were organized by this legislature. At the second term of the general assembly held in December, 1854, and January, 1855, laws were enacted establishing the State University at Seattle, the penitentiary at Vancouver and the capital at Olympia. In later years, when railroad construction and other attractions of the territory had caused a large influx of settlers, the work of the legislature became more complicated and important. The question of woman suffrage was a mooted one for several

years.

The territorial legislature of 1883-4 passed an act granting the right of suffrage to women at all elections. For two years they were accordingly allowed to vote, they served on juries and held a variety of offices, when the act was pronounced unconstitutional and they were disfranchised. It remained for some years thereafter a question much discussed in the newspapers and in social and political circles, and was not finally decided until it was voted upon in 1889, at the time of the adoption of the state constitution.

The political complexion of the territory between the years 1853 and 1903, has varied materially, never remaining the same for any considerable length of time. The first delegate elected to Congress in 1854 was Columbia Laucester, a Democrat, who left no record worthy of special mention. In 1855 another election for delegate took place, which resulted in the election of J. Patton Anderson, the United States marshal for the territory, who was a secession Democrat, subsequently joining the Confederate army. In

1857 and again in 1859, Governor Isaac I. Stevens, a Union and War Democrat, was elected, whose services in Congress were extremely valuable and are referred to elsewhere. In 1861 William H. Wallace, then a Republican, formerly a Whig, was elected. In 1863 George E. Cole, a Democrat, was elected, and in 1865 A. A. Denny, a Republican, whose eminent character and services are mentioned elsewhere. In 1867, Alvin Flanders and in 186970 Selucious Garfield were elected as Republicans. Garfield had been a Democrat, but became a convert to the Republican party. He was a man of unusual ability, as an orator had few if any equals, and, had his loyalty to correct principles corresponded with his talents in other directions, he might have achieved much for the territory and for his own reputation, but unfortunately he did neither, because his moral failings were allowed to destroy his capacity for usefulness. In 1872, as the Republican nominee, he was defeated by O. B. McFadden, a Democratic nominee whose high character as a lawyer and a jurist and whose unimpeachable integrity as a man commended him to the good will of all classes of people. In 1874 and 1876 Orange Jacobs was elected as a Republican to serve two terms, which he did to the satisfaction of all concerned. During these terms Judge Jacobs made special efforts to provide for the admission of the territory as a state, but Congress did not favor the proposition at that time. Full of years and honors he still lives to grace the bench and bar with his wide range of judicial knowledge, having but recently served a term in Seattle as one of the superior judges of King county. He was followed by Thomas H. Brents, also a Republican, who was elected for three terms in 1878-1880, and in 1882, and whose services as delegate were universally commended. He is now serving very acceptably as one of the superior judges of Walla Walla. In 1884 and again in 1886, Charles S. Voorhees, a Democrat, was elected for two terms. In 1888 John B. Allen, a popular lawyer, who had served acceptably as United States district attorney for the territory for eleven years, was elected as a Republican. Before his term expired the territory was admitted as a state, and he was elected as one of its first United States senators.

During the Civil war and for several years thereafter political feeling ran high in the territory, including the Puget Sound country, because of the number of secession Democrats, either private citizens or holding official positions, but the Union men were at all times in the majority. In later years the Republican party could usually command a majority of the votes at the polls, but factional divisions frequently enabled the Democrats to succeed in electing their candidates. Prior to the admission of the territory as a state, the nominees of both parties were, in the main, men of high character, and the opportunities for the corrupt use of patronage and political power were few in number compared with those which were in evidence after the territory became a state.

The record of the judiciary of the territory during the entire period of its existence is one which, with few exceptions, merits unqualified praise. From the time when Judges Lander, Strong and McFadden first presided over its courts, until Hon. C. H. Hanford filled the place of chief justice in 1889, there was a long line of illustrious men occupying places on the bench of the territory. The names of those first mentioned, with those of Orange Jacobs, J. R. Lewis, S. C. Wingard, Roger S. Greene, Richard A. Jones, John P. Hoyt, George Turner, L. B. Nash, Frank Allyn, William H. Calkins, Thomas Burke, and other territorial judges who might be included in this list, would be an honor to any state in the Union. They rendered the people of the Puget Sound country, and elsewhere in the territory, invaluable services as able, upright and impartial judges, learned in the law and having the courage to administer it without fear, favor or affection. The primitive conditions existing in the early days of the territory made the position of judge no sinecure, but justice was probably meted out to litigants and criminals, in those days, more speedily than in recent years, when legal processes are more complicated, delays more frequent, and the refinements of legislation and jurisprudence often favor formal technicalities at the expense of rightful conclusions.

The first term of the federal court ever held on Puget Sound was that which convened at Steilacoom on the first Monday of October, 1849, for the trial of certain Snoqualmie Indians for the murder of Leander C. Wallace and the attack upon Fort Nisqually, about the first of May preceding. In this attack two other Americans, Walker and Lewis, were wounded and only prompt action on the part of those present prevented the capture of the fort, and perhaps the massacre of all those within it.

Chief Justice W. C. Bryant of the territory of Oregon, to which the Puget Sound country then belonged, presided, A. A. Skinner conducted the prosecution, and David Stone the defense of the Indians. The jurymen, attorneys and officers of the court traveled on horseback and in canoes, some of them two hundred miles, to reach Steilacoom.

Two of the Indians, Quallawort and Kassass, were found guilty and were hanged the next day. The remainder, four in number, were acquitted and discharged. The costs of the trial amounted to $1,899.54, in addition to $480, which were expended for blankets paid to Patkanim, the chief of the tribe, for the delivery of those charged with the murder to the proper authorities. The jurors and attorneys were each paid $250 cash for their services.

The first court ever held at Olympia met in January, 1853, and was presided over by Judge William Strong, at that time in charge of one of the Oregon judicial districts to which the Puget Sound country was attached.

The principal business of this court was the trial of certain cases growing out of the seizure of the Beaver and the Mary Dare, vessels belonging to the Hudson's Bay Company, for a violation of the revenue laws of the United States. Quincy A. Brooks served as clerk and A. M. Poe as deputy marshal, Simon B. Mayre and David Logan, of Portland, Oregon, represented the Hudson's Bay Company and the United States, respectively. At this time, S. P. Moses, I. N. Ebey and Elwood Evans were admitted as members of the bar.

Volumes as interesting as they would be instructive might be written in regard to the courts of the territory and state, from that date down to the present time. These annals would be almost uniformly creditable and honorable to the judges who presided over them, to the district attorneys who represented the government, to their other officers, and to the people whom they served in the administration of justice. Since the admission of the state, Judge C. H. Hanford, the last chief justice of the territory, has occupied the position of United States district judge for the state of Washington, and, as the son of an honored pioneer, he has been the worthy representative of the sturdy and unflinching integrity which characterized the great majority of the pioneers of Washington territory.

CHAPTER XXIX.

POLITICAL SKETCH OF STATE OF WASHINGTON.

(Continued.)

The long minority of the territory came to an end in 1889. On February 22 of that year an act of Congress was approved by the president to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and state governments and to be admitted into the Union on an equal footing with the original states, and to make donations of the public lands to these states when admitted. It provided for the election of seventy-five delegates, who should meet in Olympia on the 4th day of July, 1889, and form a constitution to be submitted to the people of the territory for adoption or rejection. These delegates were elected accordingly, met on that day and organized a convention, which in its session of fifty days framed a constitution which was adopted by the people on the first day of October by a vote of 40,152 for and 11,789 against it. On other questions submitted to the people the vote stood as follows: For woman suffrage 16,527, against 34,515; for prohibition 19,546, against 31,487; for the state capital, Olympia 25,490, North Yakima 14,718, Ellensburg 12,883, scattering 1,088, leaving the seat of government where it had been since the organization of the territory, at Olympia. At the next general election the question

was again submitted, and Olympia was chosen by a handsome majority as the capital of the state. The constitutional convention was composed of able, intelligent and patriotic men, whose efficient work at that time has been tested by fourteen years of subsequent experience and found eminently satisfactory.

While these preliminary steps were being taken the political parties in the state were aroused to unusual activity. The large number of offices to be filled by election and the many material interests involved or to be disposed of, were incentives that had never before been so largely in evidence. The new state was full of active, energetic and ambitious young men, who were anxious to push their fortunes, politically and otherwise, and the openings thus presented were of a very seductive character. A Republican convention at Walla Walla in September was largely attended. At this convention an unusual spectacle was presented. The county of King, including Seattle, and having the largest delegation on the floor of the convention, opposed the nomination for governor of Elisha P. Ferry, one of its most honored citizens, which had been proposed by the delegation of Pierce county. Yet Ferry was nominated in spite of the opposition of his own county and triumphantly elected by a majority of 8,979 votes out of a total vote of 58,443. At this convention a policy was inaugurated which has since been continued, unfortunately for the best interests of the state, and which is at the same time un-American and not in accordance with Republican ideas, methods, or precedents. This was the surrender to one man, usually the leader of a delegation or of any number of delegations, whose votes he could secure, of the power to cast the votes of the delegation or delegations for any nominee he might choose to support, the claim of the nominee for support not usually being based on merit, or fitness, or ability, but the influence he might be able to exercise in controlling elections. For the introduction of this vicious system Colonel John C. Haines, of Seattle, was largely responsible. Colonel Haines was one of the leading lawyers of the state, a man of pleasing and at times of captivating address, of fine legal and literary attainments, was the colonel of the First Regiment of the Washington National Guard, and in his military capacity had rendered special and important services to the territory on more than one occasion. Politically ambitious, he was looked upon as one of the rising young men of the state, who might in the future fill its highest positions, and it was a matter of regret that his devotion to high moral principles did not equal his masterly abilities in other directions.

Had a purer tone of political morality prevailed, or a higher plane of public policy been followed by the leaders of the Republican party in this convention and subsequently, it would not so soon thereafter have been repudiated by the people of the state, and a fewer number of the United