cents per ton per month. Said amount is hereby appropriated out of any money in the treasury not otherwise appropriated.

[NOTE FROM THE SECRETARY.-The foregoing act 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.]

CONCURRENT RESOLUTION NO. 1.

WHEREAS, The national government has taxed the people of Montana since its organization as a territory, and failed to se cure its citizens that protection to life and property to which they are justly entitled; and, whereas, during the continuance of a territorial government, the people may fairly anticipate a continuance of such taxation, without protection commensurate thereto; and whereas, the appointment and removal of our governors, judges, and territorial officers, without consulting the wishes and wants of the people of the territory, at the caprice of executive power, has imposed, and will continue to impose, upon the people a system of vassalage which is both offensive and burdensome; and whereas, the permanent population of the territory is increasing so rapidly that before the time fixed by law for the next meeting of the legislative assembly, in the winter of 187172, the people of the territory may desire to organize a state government, and apply for and obtain admission into the Union as a State; therefore,

Be it resolved by the Council, the House of Representatives concurring therein :

1st. That there shall be elected by the legislative assembly, in joint convention, during the present session thereof, a committee consisting of six citizens of this territory, who shall constitete a "State Convention Committee," with power and authority to act as hereinafter prescribed.

Provided, That neither said committee, nor any convention which may assemble in pursuance of their authority, shall have power to contract any indebtedness for which the territory of Montana shall be in any way responsible.

2d. Resolved, That the persons elected as herein before provided, or any four of them, shall, as soon as practicable after the passage of this resolution, assemble and elect one of their number president, and also a secretary and treasurer, who shall hold their positions during the pleasure of the committee.

3d. Resolved, That all official acts of that committee shall be recorded in a book to be provided for that purpose, and every official act, to be valid, shall require an affirmative vote of twothirds of said committee. In case of the death, removal from the territory, refusal or failure to act, or resignation of any member of said committee, the remaining members are authorized to fill such vacancy.

4th. Resolved, That said committee are hereby authorized to call on the qualified electors of the territory to elect delegates to a constitutional convention, at such time and in such manner as they may prescribe: Provided, That the number of delegates shall be the same as the number of members in both branches of the legislative assembly; and, Provided further, That no such election shall be held until after the completion, of the federal census in 1870.

[NOTE FROM THE SECRETARY.-The foregoing act 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.]

WHEREAS, The laws of Montana territory passed at the different sessions of the legislature thereof, in their present conditions, are much in need of revision, classification, and codification.

Wherefore, be it resolved by the council, the house concurring, That the present judges of the supreme court of this territory, to

wit: H. L. Warren, Hiram Knowles, and G. G. Symes be and they are hereby constituted a commission, invested with full power and authority, to revise, classify, and codify all the general laws of this territory, omitting from their consideration all special laws, and they shall have authority to sectionize, index, and arrange the same in one volume, as in their judgment may seem best; and shall have power in such revision and codification to omit all surplus matter, such as titles of acts, enacting clauses, approvals, &c., if in their judgment they may deem it best; and such commission are required to report such amendments, alterations, and modifications to the civil and criminal practice acts as they may deem important, which alterations can be made to appear as a part of the code they may prepare. And they are required to report the result of their labors to the legislature at its next regular session for its adoption and ratification.

[NOTE FROM THE SECRETARY.-The foregoing act 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.]

Resolved by the Council, the House concurring, That the secretary of the territory of Montana, when he has the laws of the sixth legislative assembly published, be and he is hereby authorized to cause the printed copies thereof to be published free from all errors in punctuation, orthography, and grammatical construction: Provided that the corrections made do not interfere with the legal effect of said laws.

[NOTE FROM THE SECRETARY.-The foregoing act 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 RESOLUTION NO. 5.

Resolved by the Council of the Legislative Assembly of the Territory of Montana, the House concurring, That the auditor be and he is hereby authorized to draw his warrant upon the territorial treasurer in favor of the following persons; to-wit: To D. W. Tilton & Co., two dollars and eighty-three cents for ink; to B. D. Maxham, eight dollars and fifty cents for candles furnished the sixth legislative assembly; to John Monheim, seven dollars and fifty cents for one-half cord of wood, and sawing the Said amounts are hereby appropriated out of any money in the treasury not otherwise appropriated.

same.

Approved January 6, 1870.

SUBSTITUTE FOR COUNCIL JOINT RESOLUTION NO. 2.

Resolved by the Council of the Legislative Assembly of the Territory of Montana, the House of Representatives concurring, That the territorial auditor be and he is hereby authorized to draw his warrant upon the territorial treasurer in favor of W. W. Morris, for the sum of thirteen dollars and twenty-five cents for articles furnished for use of arsenal. Approved January 6, 1870.

COUNCIL JOINT RESOLUTION.

Resolved by the Council of the Legislative assembly of the Territory of Montana, the House concurring, That the auditor be and he is hereby authorized to draw his warrant upon the territorial treasurer for the sum of fifty dollars, in favor of the masonic fraternity of Virginia City, for rent of council hall during the present session.

Approved January 5, 1870.

To the honorable the Senate and House of Representatives of the United States, in Congress assembled :—

Your memorialists, the Legislative Council and House of Representatives composing the Legislative Assembly of the territory of Montana, would respectfully represent that the present approach to the territory from the Union Pacific railroad, some four hundred (400) miles in distance, is by a road which, for a portion of the distance, passes through a mountainous country, and another portion through vast, sandy, alkali plains; that it is at all times both difficult and dangerous, and of much greater length than necessary; that various special franchises have been granted by the neighboring territories, rendering the tolls upon it oppressive, and greatly increasing in amount the price of provisions brought over it into this territory; that as a military road, it is vastly expensive to the government, and has ever been one of the chief impediments to the growth and prosperity of the territory. They would further represent, that during the past year, in the effort to explore another route, it has been discovered that a road commencing, one branch at Fort Ellis, and the other at the city of Helena, and uniting in the valley of the Madison river, and traveling Henry's Pass of the Rocky Mountains to Henry's lake; thence down the east side of Henry's lake and Henry's fork of the Snake river to that stream, in all, a distance of one hundred and thirty-five miles, would overcome the worst obstacles of the present route, reduce the distance some seventy miles, and afford a solid and level roadway, instead of the sandy plains and high mountains which now impede the passage to the railroad. This new route, if improved, would greatly facilitate the means of travel into the territory, afford a fine road for government and military purposes, and, being free from tolls, would greatly reduce the price of groceries and provisions brought into the territory for home consumption.

It would, moreover, be in direct line with the military posts in the territory, and at all seasons of the year escape the obstructions of mud, sand, and mountains, so frequently encountered on the main route now traveled, and the one heretofore employed by the government, by way of Carter and Soda Springs. The character of the route, the probable expense of improving