seventy-one; and James C. Earp, county prisoner, who escaped at the same time, and was recaptured and recommitted to jail.

Sec. 2. The territorial auditor is hereby authorized and instructed to draw his warrant on the territorial treasurer for the sum named in the first section of this act, in favor of Newton Dickenson, which shall be paid out of any money in the treasury not otherwise appropriated.

Sec. 3. This act to take effect and be in force from and after its passage.

(The foregoing act, having been presented to the governor of the territory for his approval, was, on January 8, 1872, returned to the council in which it originated without his approval, and with his objections thereto; the objections were entered at large upon the journal of the council. The vote by which the bill was passed was reconsidered, and on the question, "Shall this bill pass, the objections of the governor to the contrary notwithstanding," it was passed by a two-thirds vote of the council. The act was then immediately sent to the house of representatives, together with the objections of the governor; the vote by which the act was passed by the house, was then reconsidered, and upon the question, "Shall this bill pass, the objections of the governor to the contrary notwithstanding," it was also passed by a two-thirds vote of the house.)

AN ACT to amend an act entitled "An act to authorize George Roff and John A. Creighton and their associates to establish and maintain a toll road and bridge in Beaver Head County," approved December 3, A. D. 1866.

Section 1. That section third of an act entitled "An act to. authorize George Roff and John A. Creighton and their associates to establish and maintain a toll road and bridge in Beaver Head County," approved December 3, eighteen hundred and sixty-six, be, and is hereby, amended so as to read as follows: That said parties shall have the right to establish but one toll gate on said route, to include road and bridge, said toll gate shall be established at some point on said road, not to exceed five miles from the point where said bridge crosses the Big Hole River.

Sec 2.

passage.

This act to take effect and be in force from and after its

Approved January 12, 1872.

AN ACT to provide for compensation of code commission.

Section 1. There is hereby appropriated out of the territorial treasury the sum of six thousand dollars for full compensation of said commissioners, and the territoral auditor is hereby authorized and directed to draw his warrant for said amount on the territorial treasurer as follows, to wit: One warrant for the sum of two thousand dollars in favor of the said H. L. Warren; one warrant for the sum of two thousand dollars in favor of the said Hiram Knowles, and one warrant for the sum of two thousand dollars in favor of the said G. G. Symes, payable out of any moneys in the territorial treasury not otherwise appropriated by law.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 12, 1872.

AN ACT to provide for the compensation of Louis McMurtry, for services rendered as deputy district attorney; and as attorney under the appointment of the court, for the second judicial district, territory of Montana.

Section 1. There shall be, and is hereby, appropriated out of the territorial treasury the sum of eight hundred and fifty-three dollars, to be paid to Louis McMurtry for services rendered as deputy and district attorney, under the appointment of the court, for the second judicial district, territory of Montana, from February 1 to August 28, A. D. 1871.

Sec. 2. The territorial editor is hereby authorized and instructed to draw his warrant on the territorial treasurer for the sum named in the first section of this act, in favor of Louis McMurtry, to be paid out of any money in the treasury not otherwise appropriated: Frovided, That the auditor shall not draw the warrant mentioned in this section to the said Louis McMurtry, until the said Louis McMurtry shall procure and file with said auditor a written release of W. B. Harrison of all claims against the territory of Montana for salary as district attorney of the second judicial district from February 1 to August 28, 1871.

Sec. 3. This act to take effect and be in force from and after its passage.

Approved January 10, 1872.

AN ACT to provide compensation to A. M. S. Carpenter for services rendered to the territory of Montana.

Section 1. There shall be, and is hereby, appropriated out of the territorial treasury, the sum of two hundred and forty-one and twelve one hundredths ($241 12) dollars to A. M. S. Carpenter, for services rendered to the territory of Montana as superintendent of public instruction, from the 1st day of July, 1867, to the 23d day of December, A. D. 1867, inclusive.

Sec. 2. The territorial auditor is hereby authorized and instructed to draw his warrant on the territorial treasurer for the sum named in the first section of this act, in favor of A. M. S. Carpenter, which shall be paid out of any money in the treasury not otherwise appropriated.

Sec. 3. This act to take effect and be in force from and after its passage.

Approved January 12, 1872.

AN ACT for the relief of W. L. Steele.

Section 1. That the territoral auditor is hereby authorized to issue a territorial warrant for one hundred and ninety-two dollars, in lieu of warrant number 1194, issued to W. L. Steele, November 17, 1871, and presented and registered on the same day, and accidentially burned on the 30th day of November, A. D. 1871; said warrant to take the place of such original warrant in the order of registration and payment.

Sec. 2. This act shall take effect on approval by the governor. Approved December 16, 1871.

COUNCIL JOINT MEMORIAL

Relating to increase of salaries of federal officials of the territory, &c.

To the honorable, the senate and house of representatives of the United States, in congress assembled:

Your memorialists, the council and house of representatives of the territory of Montana, most respectfully represent, that the salaries now provided by the laws of the United States for officers of this

territory, are inadequate, in consequence of the extraordinary expenses of travelling and living in this territory; that it is impossible to procure the services of competent men in our legislative halls, and the necessary attachés and employés thereof, for the salaries now paid them by the government. That, conscious of these facts, the people of the territory have, for a long time, provided extra compensation for a large portion of such officers, as may be seen by their statutes. That the same has become a heavy burden upon them.

Wherefore, Your memoralists humbly pray, that the salaries of executive, and the supreme judges, be increased to five thousand (dollars) each, per annum. That the salary of our territorial secretary be increased to four thousand dollars per annum, and the salaries of the members of our legislature, and the necessary attachés and employés thereof, be increased, at least, one hundred per cent., and that pay be provided for pages, firemen, and all necessary clerks and assistants. And your memorialists will ever pray, &c.

(NOTE FROM THE SECRETARY.-The foregoing joint memorial having been presented to the governor of the territory for his approval, and not having been returned by him to the house of the legislative assembly in which it originated, within the time prescribed by the organic act of the territory, has become a law without his approval.

COUNCIL JOINT MEMORIAL

In relation to the leasing of school lands.

To the honorable, the senate and house of representatives of the United States, in Congress assembled:

Your memorialists, the council and house of representatives of the territory of Montana, most respectfully represent: that it is very desirable, in order to increase the funds available for the support of the schools in said territory, that the county superintendents of common schools, in the several organized counties of the territory, be authorized to lease any or all of the lands situated in their respective counties, which have been by act of congress reserved to the territory for school purposes, excepting timber lands, for terms not exceeding two years, upon such conditions, under such restrictions, and with such security against needless waste or injury, as may seem necessary to your honorable body. And your memorialists most respectfully ask,

in behalf of the educational interests of the territory, for such legislation by your honorable body as will, under the proper safeguards, authorize the execution of such leases as aforesaid. Approved January 9, 1872.

COUNCIL JOINT MEMORIAL

In relation to the Montana militia claims.

To the honorable, the senate and house of representatives of the United States of America, in congress assembled:

Your memorialists, the legislative council and house of reprcsentatives of the territory of Montana, respectfully represent; that the people of Montana Territory, during the spring and summer of the year eighteen hundred and sixty-seven, furnished equipments, horses, arms, ammunition, and other articles that were necessary to arm, maintain, and supply a force of about five hundred men, for a period of six months, that were organized and commanded by officials commissioned by the governor of Montana Territory; that the circumstances under which these men were called into the military service have been inquired into by committees of your honorable bodies; that the committee on territories of the senate submitted a report upon February ninth, eighteen hundred and seventy, which contained the following statements:-"The committee do not refer to the services of the men called out by the territorial authorities, but only to the expense of arms and supplies. These seem to have been furnished by persons in good faith and without knowledge of the want of authority to call out the militia; and the committee recommend compensation for them. They think it would not be doing exact equity to such persons to withhold from them a reasonable indemnity for property thus furnished, under what they undoubtedly presumed to be competent authority. They, therefore, herewith submit a bill for that purpose. That the following law was passed by your honorable bodies and approved by the president of the United States, upon July fifteenth, eighteen hundred and seventy. "That the secretary of war be, and is hereby, authorized and required to ascertain, or cause to be ascertained, the amount of expense necessarily incurred by the territorial authorities of Montana for arms and supplies of the volunteer forces called out to suppress Indian hostilities in the territory of Montana in the year eighteen hundred and sixty-seven; and report to congress, at the next session, the names of persons entitled to relief, together with a statement of the facts and sums upon which such report may be based." That the secretary of war thereupon appointed Colonel James A. Hardie, United States army, to ascer