The Peoples power league : a progressive organization in Montana 1911-1915 by Edrie Lee Vinson A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS in History Montana State University © Copyright by Edrie Lee Vinson (1976) Abstract: K. Ross Toole, professor of Montana History, has characterized the progressive era in the state as nothing more than "sound and fury and one small tax reform," Yet in the general election of 1912 the electorate adopted four initiative measures reforming the political process. This unprecedented fact is certain evidence of the success of the progressive spirit in Montana's political history. In 1911, after repeated failures of Montana's assembly to legislate political reform, Miles Romney organized the People's Power League to circulate initiative petitions for a direct primary, presidential and vice presidential primary, popular nomination of senators, and a corrupt practices act. League leaders believed the passage of these measures would effectively take political power out of the hands of large corporate interests and give it to the people. Politically, the League contained Democrats, Republicans, Progressives, Socialists and laborites. None of the prominent members held state elective office at this time. Professionally, they were lawyers, judges, newspapermen, merchants, bankers, doctors, public employees, ranchers, farmers, and a large contingent of union affiliated laborers. Representing a wide ethnic variety, they also ranged from new arrivals on the Montana scene to the older pioneers who came with the first gold rush. Although the League managed to avoid economic, political and geographic schisms when dealing with political reform, it was only partially successful in achieving broad social changes. In 1914, the League's emphasis shifted from reform of the political process to legislation of social responsibility. The League initiated a measure for farm loans to aid Montana's agriculturalists. The same year the members sponsored an initiative for workmen's compensation to fulfill a promise made earlier to the union men. League leaders believed that these two issues would build a political farmer-laborer coalition. Rural voters supported the League on the farm measure, but deserted it when voting on workmen's compensation. The farmer, though generally of the same economic status as the wage earner, was convinced by corporate interests that labor legislation would be applied against him, for he was, after all, an employer of labor. In 1912 the People's Power League succeeded because the issues united progressives to pass legislation dealing with political reforms that each individual felt would increase his own power. But in 1914 when the issues shifted to non-political reform favoring one faction over another, the League's unity shattered.  STATEMENT OF PERMISSION TO COPY In presenting t h i s . th e s i s in par t ia l fu l f i l lment of the requirements for an advanced degree ait Montana State University, I agree tha t the Library shall make i t f ree ly available for inspection. I fur ther agree tha t permission for extensive copying of th is thesis for scholarly purposes may be granted by my major professor, or, in his absence, by the Director of Libraries. I t is understood that any copying or publication of th i s thes is for financial gain shall not be allowed without my written permission. Signature / Date. 9, — U THE PEOPLE'S POWER LEAGUE: A PROGRESSIVE ORGANIZATION IN MONTANA 1911-1915 by EDRIE LEE VINSON A thes is submitted in part ia l fulf i l lment of the requirements for the degree of MASTER OF ARTS in History Approved: Chairman,/Examining Committee lead. Major Department Graduate Bean MONTANA STATE UNIVERSITY Bozeman, Montana August, 1976 i n ACKNOWLEDGMENTS I would l ike to. thank the employees of the Montana State . University Library, the Montana Historical Library, and the Office of the Secretary of State for th e i r help in.f inding research materials. ' I also want to. thank the facu l ty , s t a f f and students in the, History Department a t Montana State University for th e i r encouragement, with a special thanks to members of my committee. Dr. Richard B. Roeder, chairman. Dr. Jeffrey J. Safford and Dr. Michael P. Malone. Profes- ' sors. Emeritus.Dr. Merrill Burlingame and Dr. Robert Dunbar have also contributed to my project with information and suggestions. Dr. Mac Watson gave me encouragement and ed i to r ia l assistance. Others deserving mention are William A. Johnstone, MSU Vice President of Admissions, who gave me information on his grandfather, W. K. Harber, a member of the People's Power league; Paul Davidson of Bozeman, who remembered Walter Hartman, the Gallatin County repre­ sentative of the League; and Bessie K. Monroe of Hamilton who gave me information concerning Miles Romney, President of the League. A special thanks goes to the l a te Ravalli Senator Miles Romney, J r . , son of the President.of the People's Power League. Miles, J r . was only ten years old when his father organized the League, but his vivid recol lect ions of the a c t iv i ty , the men who v is i ted his home to for­ mulate plans for the League, his f a th e r ' s correspondence and acquain­ tances , and his f a th e r ' s rela t ionships with s ta te o f f i c i a l s were most I V helpful . information. Miles, J r ' s , continued in te res t in the po l i t ica l a f f a i r s of the s ta te gave par t icu la r authori ty to his assessment of the contribution of the.work of the People's Power League to s ta te . government. Mr. Charles .Fox photographed the cartoons from newspaper micro­ film, and Fred Vinson produced.the pr in ts and maps. The Montana His­ tor ica l Society gave permission to use the photograph of Miles Romney-;: Numerous fr iends and fellow students spent hours pouring over the typed pages to help eliminate errors . The warmest of thank yous must go to my children, Thom and Leann, for carrying the burden of mother and housekeeper while the i r mother took on the role of student. And to my father , the man who never doubted me or neglected to encourage-me, and who gave both moral and financial support, I dedicate th is work. TABLE OF CONTENTS Page INTRODUCTION. . . . . ............................................................ ... I Chapter I. Reaction to the Twelfth Legislative Assembly, 1911. . . 6 I I . The Organization of. the People's Power League................ 25 I I I . Delays, T r ia ls , Frustrat ions. . . ' . . . ............................. 54 IV. The Campaign and Election of 1 9 12 ........................... 67 V. The Legislature and Social Responsibility ................ ... . 81 VI. A Prol i fera t ion of Leagues for the 1914 Campaign. . . . 92 VII. "The Fight . . . Has Only Just Begun,"........................ 107 VIII. The Aftermath: Reaction and Restoration. . . . . . . . T22 CONCLUSION. . .................... ............................... ........................... ... 134 BIBLIOGRAPHY............................ ......................................... .......................... . 138 • ',Vi LIST OF ILLUSTRATIONS Figure Page I. "Dark Horse or Ringer," Montana Lookout, January 28, 1911, p. I .................... ................................... .... 17. . 2. "Diagnosis of a Complicated Case," Montana Lookout, February 25, 1911, p. I . . . . . . . ............................. . . . 19 3. "Somebody on the Party Lines," Montana Lookout, March 4, 1911, p. I ................ .... .................................... .... . . . 21 4. "Miles Romney, Founder and President of the People's Power League, 1911-1915. Montana Historical Society Photograph. . . . . . . . . . . . . . . ... . 33 5. Election Returns by.County: Workmen's Compensation In i t i a t i v e , 1914. . . . . . . ' ........................ .... . . . . . . .118 6. Election Returns by County: Farm Loans In i t i a t i v e , 1914. . . . . . . . . . . . . . . . . . . . .. . 119 ABSTRACT K. Ross Toole, professor of Montana History, has characterized the progressive era in the s ta te as nothing more than "sound and fury and one small tax reform," Yet in the general elect ion of 1912 the e lec tora te adopted four i n i t i a t i v e measures reforming the po l i t ica l process. This unprecedented fac t is certain evidence of the success of the progressive s p i r i t in Montana's po l i t ica l history. In 1911, a f t e r repeated fa i lu res of Montana's assembly to leg i s la te po l i t ica l reform. Miles Romney organized the People's Power League to c ircu la te i n i t i a t i v e pe t i t ions for a d i rec t primary, p res i ­ dential and vice presidentia l primary, popular nomination of senators, and a corrupt practices act . League leaders believed the passage of these measures would effec t ive ly take po l i t ica l power out of the hands of large corporate in te res ts and give i t to the people. Po l i t ic a l ly , the League contained Democrats, Republicans, Progressives, Soc ia l is ts and labor i tes . None of the prominent, members held s ta te e lect ive off ice a t th is time. Professionally, they were lawyers, judges, newspapermen, merchants, bankers, doctors, public employees, ranchers, farmers, and a Targe contingent of union a f f i l ­ iated laborers. Representing a wide ethnic varie ty , they also ranged from new a rr iva ls on the Montana scene to the older pioneers who came with the f i r s t gold rush. Although the League managed to avoid economic, po l i t ica l and geographic schisms when dealing with po l i t ica l reform, i t was only pa r t i a l ly successful in achieving broad social changes. In 1914, the League's emphasis sh if ted from reform of the po l i t ica l process to leg is la t ion of social responsib i l i ty . The League in i t i a t ed a measure for farm loans to aid Montana's ag r i cu l tu ra l i s t s . The same year the members sponsored an i n i t i a t i v e for workmen's compensation to f u l f i l l a promise made e a r l i e r to the union men. League leaders believed that these two issues would build a po l i t ica l farmer-laborer coal i t ion. Rural voters supported the League on the farm measure, but deserted i t when voting on workmen's compensation. The farmer, though generally of the same economic sta tus as the wage earner, was convinced by cor­ porate in te res ts tha t labor leg is la t ion would be applied against him, for he was, a f t e r a l l , an employer of labor. In 1912 the People's Power League succeeded because the issues united progressives to pass leg is la t ion dealing with po l i t ica l reforms tha t each individual f e l t would increase his own power. But in 1914 when the issues shif ted to non-polit ical reform favoring one faction over another, the League's unity shattered. v i i INTRODUCTION Progressivism and the People's Power League Tradit ionally , historians have associated the phenomenon of progressivism with a pa r t icu la r socio-economic c lass . Leaders of progressive reform movements were customarily typed, as young, ideal­ i s t i c professionals from upper middle-class families. In turn, the ta rge t for reform a c t iv i t i e s was,usually thought of as an urban p o l i t ­ ical machine which drew i t s strength from newly arrived immigrants and the laboring c lass . : Within the past few decades, however, these assumptions have been undergoing scrutiny and challenge. I t is no I 'longer possible to accept them as en t i re ly and exclusively true. A recent study by John Buenker, for example, ca l l s the t r a d i ­ tional assumptions about progressivism into question by demonstrating ■ that i t was the urban "machine" po l i t ic ians who saved the progressive 17th Amendment for d i rec t elect ion of senators from defeat by old-stock rural Republicans. Another repudiation of the conventional theory by Michael Rogin and John Shover has iden t i f ied the prime supporters of Cali forn ia 's progressive governor, Hiram Johnson, as a wave of newly- , arrived immigrants. Equally a t odds with the t rad i t iona l assumptions is the fac t tha t as soon as Johnson began to implement his progressive ^Robert H. Wiebe, The Search for Order 1877-1920 (New York: Hill and Wang, 1967). , 2ideas, those who formerly supported him, professionals from estab- O lished middle-class families, now began to desert him en masse. An increasing number of local in depth studies of the pro­ gressive period changes our generalized overview, but s t i l l no firm agreement on in te rpre ta t ion is available. Richard Roeder's study of the early years of progressivism in Montana, covering the period around 1906, located progressives variously in rural farming and ranching communities, in urban civic organizations and women's clubs, in labor unions, and among the "mainstreeters." Since progressives were found to have existed in a l l segments of the s t a t e ' s society, the rela ted question was raised: who comprised the opposition? According to the study of K. Ross Toole, the Anaconda Copper Mining Company made up the opposition. Toole fur ther claims tha t a pro­ gressive element within the s ta te was negligible in tha t i t fa i led to check the "special influence" of the company. An understanding of the participants, within the progressive movement and an evaluation of the resu l ts of th e i r e f fo r t s are but 23 2Arthur Mann, e d . , The Progressive Era: Major Issues of In terpreta t ion (2nd e d . , Hinsdale, I l l i n o i s : Dryden Press, 1975), pp. 95-107, 20-30. 3 Richard Brown Roeder, "Montana in the Early Years of the Pro­ gressive Period," (unpublished Ph.D. d is se r ta t ion . University of Pennsylvania, 1971); K. Ross Toole, "Rebuttal: When Is a Reform a Reform?" Montana the Magazine o f Western History, XX (Autumn, 1970), p. 27; Toole, Twentieth Century Montana: A State of Extremes, (Norman University of Oklahoma Press, 1972). ' ~ 3pieces of the puzzle of the progressive era. However, t h e i r goals can . give. us. some insight, into th e i r character . Benjamin Parke DeWitt, a contemporary observer, described th e i r proposals thus : Corrupt special influence must be removed; the s tructure of the government must be modified so as to allow a greater . and more d i rec t part ic ipa tion by the people in the conduct of public a f f a i r s ; and, f in a l ly ; the functions of the govern­ ment must be increased, in an e f fo r t to meet industr ia l arid social needs.4 , ■ Theodore Roosevelt echoed.the f i r s t of these objectives in a speech delivered in Oswatomie, Kansas: We must drive the special in te res ts out of po l i t i c s . That is one of dur tasks today. Every: special i n t e r e s t . i s en t i t led to j u s t i c e—fu l l , f a i r and competent—but not one is en t i t led to a vote in congress, a voice on the bench, or to representation in any public o f f i c e . ^ Thus, these two spokesmen of the period ident ify a central goal or issue of the progressive movement—to remove "special influence" and "special in te res t" from government power. A revived.emphasis on issues provides new guidelines in the historiography of progressivism. David Thelen1s recent in terpreta t ion of American progressivism does not associate the reformist movement with any pa r t icu la r group or social c lass . He emphasizes, rather , those issues he considers to be charac te r i s t ic of the ear ly years of ^Roeder, p. 223. C "The.Progressive Creed Proclaimed by Roosevelt;" Montana Lookout, September 3, 1910, p. I . 4progress!vism. Thus one person may have supported many issues con­ sidered as progressive, while opposing others equally reformative in. nature. Thelen's method, then , allows the issue to indicate who were . 6 progressives on any given occasion. A study of the progressive era must include personal i t ies , issues, and documentation of the accomplishments of the movement. > . These h is tor ica l fac ts are abundant, although not widely known. In 1912, the Montana e lec tora te passed reform measures of an unprecedented nature, each of them aimed a t curbing special in te res t in s ta te gov­ ernment. The passage of th is leg i s la t ion , c lear ly the resu l ts of progressive thinking, was accomplished almost en t i re ly through the e f fo r ts of.an organization known as the People's Power League, a fact which seems to have been overlooked by students of Montana history. . Until we have thoroughly assessed the role played by the League in accomplishing the reforms of 1912, our understanding of progressivism 7 • in Montana will remain only part ia l and inadequate. . The present study must, of necessity , l imit i t s e l f to a deta iled account of the origins and a c t iv i t i e s of the People's Power League, pa r t icu la r ly the crucial role th is organization played in i n i t i a t i n g reform leg is la t ion in .1912 and 191.4; In pursui t of th is ■ *i ^Mann, pp. 31-45. i ' . Secretary of State In i t i a t iv e f i l e s , 1912. . .5 goal, the following questions will be addressed: How did the Leagud come into being? Who were the main organizers of the League? Which groups and individuals comprised the League's opposition? Were the League's issues charac te r i s t ic of those labeled as progressive? And, what were i t s successes and fa i lu res? This study will also attempt to locate the League's a c t iv i t i e s within the larger framework of the progressive movement in general. CHAPTER I REACTION TO THE TWELFTH LEGISLATIVE ASSEMBLY, 1911 In 1911 the People's Power League of Montana organized as a group of independent volunteers for the purpose of reforming the s t a t e ' s po l i t ica l processes through d i rec t leg is la t ion . This group formed in reaction to the fa i lu re of Congress, successive leg is la tu res , and party committees to respond to public, demands for po l i t ica l reform. According to the League members, powerful agents of the Anaconda Copper Mining Company generally controlled both Democratic and Repub­ lican county and s ta te conventions. Through th e i r control of these conventions the agents nominated men favorably disposed to company in te re s t s . Cri t ics inside and outside of the League accused the com­ pany of financing the campaigns of i t s favori tes to such a lavish extent tha t independent individuals were unable to compete against them. Those elected to the leg is la tu re through company support neg­ lected respons ib i l i t ie s to the public and yielded to the demands of the special in te re s t tha t placed them in off ice . Legislators who were successful through th is company-dominated convention system refused to pass po l i t ica l reforms tha t probably would remove them from power, despite the fac t tha t they promised such leg is la t ion in th e i r party platforms; Since the leg is la tu re refused to jeopardize i t s power 7by accomplishing reforms for a more representative government, the ILeague organized to handle the reform process i t s e l f . While.the l eg i s la t ive assembly accumulated notor ie ty , a few of Montana's newspapers developed a strong t rad i t ion of avid, independent, journalism. Although the mining in te res ts which consolidated under the name of. Anaconda owned a large portion of the s t a t e ' s presses, those editors who could not be bought refused to be controlled. These inde- pendent news ed i to rs , especially those speaking for the League, magni­ fied an image.of the a l I -powerful company to the i r f u l l e s t ab i l i ty . But these editors adopted the theme from e a r l i e r generations rather than creating i t themselves. Mining in te res ts within the s ta te suf­ fered similar d ia t r ibes before the Anaconda Company arrived on the scene, and jou rna l i s t ic pressure against the mining in te res ts continues today. , " Contemporary c r i t i c s dwelt on company control of the leg is ­ la ture and neglected to emphasize i t s real accomplishments. Historians tend to r e f l e c t these c r i t i c s ' views, and the "company theme" dominates most of th e i r writ ing. Through exploitat ion of the bizarre or color­ ful nature of Montana's po l i t i c s , such as the Clark and Daly feuds, I I "Primaries in Missoula Run by Amalgamated . . . ," Western • News, May 28, 1912, p, I . 8historians have bypassed the s ign i f ican t contributions of the leg is- 2la ture during the progressive era. Not all l eg i s la t iv e sessions were devoid of accomplishments, pa r t icu la r ly the session of 19.11. Burton K. Wheeler, representative from Butte, considered tha t body to be one of Montana's most pro­ gressive assemblies. Yet in regard to po l i t ica l reform, the session fa i led to produce the desired laws. C r i t ic s , especial ly those of the People’s Power League, claimed tha t th is assembly f i t the same mold of corruption and bizarre behavior cast by i t s predecessors. One of the most outspoken c r i t i c s of the leg is la tu re was Jerre Murphy, a former secretary to Wisconsin's progressive Robert LaFolle t te . Believing tha t the leg is la to rs were always company controlled, Murphy rarely gave c red i t when c red i t was due. I l lu s t r a t ing his lack of *3 o See Christopher P. Connolly, "The Story of Montana," McClures Magazine, August, pp. 346-361, September, pp. 451-465, October, pp. 629-639, November, pp. 27-43, December, pp. 198-210, 1906; Connolly The Devil Learns to Vote: The Story of Montana (New York: Covici, Friede, 1938); Carl B. Glasscock, The War of the Copper Kings: Builders of Butte and Wolves of Wall S treet (New York and Indianapolis: Bobbs-Merrill Co., 1935); Merrill G. Burlingame and K. Ross Toole, e d . , A History of Montana 3 vols. (New York: Lewis Historical Publishing Co., 1957).; Richard Brown Roeder, "Montana in the Early Years of the Progressive Period," (unpublished Ph.D. d isse r ta t ion , University of Pennsylvania, 1971), p. 106. 3 'Burton K. Wheeler with Paul F. Healy, Yankee From the West (Garden City, New York: Doubleday & Company, Inc. , 1962), p. 95; Montana Historical Society Archives, Montana Governors' Papers, Legis­ la t ive Series , Box 5, SI. 9fa i th in the s ta te house, Murphy warned the leg is la tu re tha t i t was time for things to change: I f i t shall happen, in harmony with the po l i t ic s and methods and influences whereby alien in te res ts and inf luentia l po l i ­ t ic ians have made Montana infamous, tha t the present leg is la tu re f a i l s in performance as some predecessors have done, i t will also happen tha t independent c i t izens in various parts of the s ta te actuated by common purpose, will undertake to give the voters of Montana an opportunity to vote d i rec t ly for laws which will meet the public demand and which will be framed and voted upon by the people without any amendments or compromises or "jokers" to meet the needs of foxy statesmen or lawless combines.4 At leas t in the area of important po l i t ica l reform the leg is la tu re fa i led to heed his warning. One of the main issues which surfaced in the 1911 session was the desire for a mechanism to give the people some voice in the selection of a United States senator. Prior to the 17th Amendment, the most highly publicized function of the assembly centered around i t s e lect ion of a senator. This duty usually aroused most of the complaints of bribery, corruption and special in te re s t control. The Populist brought the f i r s t call for d i rec t elect ion of senators in the 1890's, but a f t e r the party folded around 1906 th is portion of i t s platform became a part of the mainstream of po l i t i c s . Since 1893 the Montana Assembly had memorialized Congress to amend the const i tu t ion for d i rec t election of senators or to call a , , 4 "Hints for Foxy Statesmen," Montana Lookout, January 7, 1911, p. 4. 10 special convention to amend i t . Congressional fa i lu re to respond can be part ly due to a desire for s e l f preservation or perpetuation. The leg is la tu re s , hot the people, had placed each senator in Washington, and they wanted to stay th e re .^ By 1909, a f t e r Congress' repeated refusal to act on the matter, some members of the leg is la tu re decided tha t the s ta te would have to adopt some a l te rna t ive course of act ion. But the type of leg is la t ion was subject to dispute. The conservatives who opposed d i rec t nomi­ nation proposed tha t party conventions se lec t senatorial nominees. The progressives wanted to by-pass corporate controlled conventions and allow the people to nominate candidates. Either way, by law the leg is la tu re made the final choice, so the old guard saw no need for a public voice in the decision making process. The various factions refused to compromise and the 1909 leg is la to rs had no more success in dealing with the question than they had.in persuading Congress to tackle i t . ^ Attempting to prevent a reinactment of these irreconci lable Boeder, pp. 106-107; Senate Journal of the Tenth Session of the Legislative Assembly of t h e S t a t e of Montana 1907 (Helena: State Publishing Co., 1907), SJRl, pp. 26, 329; Senate Journal of th e . Eleventh Session of the Legislative Assembly of the State of Montana, 1909 (Helena: State Publishing Co., 1909), HJRl, pp. 97, 230. ^Senate Journal of the Eleventh Session of the Legislative . Assembly of the State of Montana, 1909 (Helena: State Publishing Co., 1909), SB9, pp. 16, 106, SBlOl, pp. 195, 280, SB!22, pp. 271 , 325, 380, HB43, pp. 39, 227, 279. 11 differences in the. next session, the 1910 Democratic State Central Committee discussed the poss ib i l i ty of allowing voters within the party to express th e i r choice for senator. This method could have shif ted the responsib i l i ty fo r reform from the leg is la tu re another step down to the party level . The motion narrowly missed passage. Members favoring the motion declared tha t the "company" defeated i t , while the opposition maintained tha t the a ir ing of individual preferences might leave the party less united against the Republican candidate in the 7 next assembly. When the 12.th Assembly met .in, 1911 the senatorial nomination question was far from se t t l ed . In addition to conservative and pro­ gressive b i l l s from the preceding sess ion, the Senate provided a new "Republican" version of the b i l l . The Republicans f in a l ly agreed to allow voters an expression of choice, but believed tha t in order to maintain party puri ty , the l eg is la to rs should be required to vote for the candidate receiving the highest votes in the i r own party. The House then came up with a "Democratic" b i l l for senator ial nomination. Edito r ia l , Montana Lookout, July 23, 1910, p. 4; "How the People Can Select a Senator," August 27, 1910, p. I . Murphy related the views of Ravalli Senator Miles Romney from the Western News. Romney claimed the committee f a i l ed , to pass the motion because Fred Whiteside of Flathead, Henry C. S t i f f of Missoula, and C. H. Crutchfield of Ravalli , and "others of s imilar corporate connections" held proxies to defeat i t . "Letters to the Editor," September 3, 1910, p. 3, carried the r e to r t of Mr. S t i f f , affirming tha t he authored the motion and tha t Whiteside supported i t . The Democrats, however, were, far from united in a choice for senator in the following session. 12 As both of Montana's senators were Republicans, the Democrats insisted tha t the leg is la tu re r a t i f y the people's choice regardless of party. This provision would make the senator responsible to the people, rather than to party bosses, and possibly help e lec t a Democrat to office. Other leg is la to rs outside these party blocs preferred to be free to support th e i r own favor i te , rather than being forced to vote for someone they personally opposed. Representatives who held con­ siderable power within the party organization wanted conventions to do the nominating, thus allowing them to exercise the i r personal power in the process. On the other hand, leg is la to rs on the fringes of party power knew th e i r influence could best be f e l t through the voice of the people. And, of course, the old die-hards wanted nothing to do with any of these b i l l s and. ins is ted on leaving the nomination and election ■ 8 of senators up to the leg is la tu re as the Constitution required. Possibly each of these options was a valid expression of po l i t ica l philosophy as well as a means of increasing personal power. Yet the c r i t i c a l editors believed the wrangling over the proper method of 8 8 Montana Governors' Papers, Legislative Series , Box 5, SI. This ser ies is most useful.when several b i l l s appear by the same t i t l e , as i t includes the ful l t ex t of each as presented to the leg is la tu re , plus amendments. HBl, SB2; "Big Fight on Direct Primary Law," Western News, January 6, 1911, p. I . The t i t l e "primary" is misleading in our present use o f the term. The law permitted voting on senatorial candidates in the general election, ' before the leg is la tu re made i t s lawful choice. 13. nominating a senator was but a ruse to defeat the issue. AS an example, Senator Dixorj wrote: This method of defeating leg is la t ion has been resorted to time and again in leg is la t ive bodies, and the responsi­ b i l i t y for the fa i lu re of meritorious leg is la t ion attempted to be transferred to the shoulders of someone e l s e . 9 Equally concerned, but with somewhat less sophist ica t ion, Jerre Murphy accused the assembly of "throwing dust in the eyes of the people for the purpose of hiding the real issue." In his typical anti-company rhe to r ic , the b a t t le .as he saw i t was not between the House and Senate, 10nor the Democrats and Republicans, but the company and the people. ■ A joint-conference committee took on the enormous task of sort ing through the.various demands of each faction and came up with a hodge-podge version called the Everett b i l l for senatorial nomination. As discussed above, the Republicans ins is ted on l e g i s l a to r ' s party loyalty when electing senators while the Democrats wanted leg is la to rs to support the popular nominee.regardless of party. As a way of avoiding a l ike ly confrontation between pa r t ies , the committee simply ignored the issue. This l e f t an opening for further arguments in the following session. The Committee's b i l l aimed at meeting both party and public demands by allowing the party to nominate i t s candidate, yet Q . Letter from Joseph M. Dixon, Montana Lookout, January 7, 1911, pp. 1 , 12. in■"The Real and NohrPartisan Conflict ," Montana Lookout, April 15, 1911, p. 15. 14 s t i l l leaving room for public nomination by pe t i t ions . Getting down to the practical aspects, the b i l l provided tha t the leg is la to rs themselves have a choice e i ther to remain independent or support the people's choice of candidate. But to make th is provision all above- board-, the l eg i s la t ive candidates were to f i l e pledges: I) to be bound by the people's choice for senator, or 2) not to be bound. Therefore the voters would know in advance of elect ing a leg is la to r 11where he stood on the issues. The jo in t conference committee undoubtedly believed that i t s concoction was a masterpiece of l eg i s la t ion , mollifying all concerned. The assembly passed the b i l l , possibly j u s t to avoid fur ther c r i t ic ism , but the progressive editors made the Everett b i l l , t h e laughing stock of the 12th Assembly. The Western News coined the b i l l the "primary freak" and ". . . the joker of the Twelfth Leg is la tu re ." Romney complained that the company controlled both party conventions and would prevent the people's candidate from gett ing on.the ba l lo t . W. K. Harber of the River Press asserted tha t the Everett law was a "step backward," allowing party H ' House Journal of the Twelfth Session of the Legislative Assembly a t the State of Montana, 1911 (Helena: Independent Publishing Co., 1911), HB 427; pp. 625, 842!, This is the b i l l tha t became law; Senate Journal of the Twelfth Session of the Legislative Assembly of the State of Montana, 1911 (Helena:. Independent Publishing Co., 1911), SBl92, pp. .481-82, 522, is the same as HB427, SB!93, pp. 481, 485, , came from the minority of the joint-conference committee. 15 bosses more e ffect ive control over senatorial e lections. The Great Fal ls Leader responded . . . d i rec t primary--rats! The nerve of the Twelfth . l eg i s la t ive assembly in naming the thing put out as a "direct primary," is only equalled by the nerve of the Butte Miner in attempting to make po l i t ica l capital of the emasculated monstrosity. And the righteously indignant Bill ings Gazette replied: When the people asked for bread they were handed a sackful of chaff from which every kernel of wheat had been extracted. They thought they were gett ing a measure whereby a recognized evil would be abated, and instead they got the "merry ha, h a . "12 The cut-and-paste law to reform the senatorial e lect ion process fa i led to heal the breach between part ies and conservatives and progressives, but the actual process of electing a senator in the 1911 assembly proved to be even more of a f iasco. The Democrats held high hopes of choosing a successor to Senator Thomas H. Carter, the one-time Daly sponsored conservative Republican. But Carter wished to keep the seat he had claimed since 1895. When agents of the company fa i led to get a Republican majority elected to the leg is la tu re to support Carter, they turned the i r charm to Democratic members. Butte 's Democratic representa t ive Burton K. '^"Today's Ballot Shows L i t t l e Change," Western News, March 3, 1911, p. 2; "For Popular Government," River Press , March 29, 1911, p. 4; "For Which Honor is Due Nobody," Great Falls Leader, as in Montana Lookout, April I , 1911, p. 6; "Played With the People," Billings Gazette, as in Western News, April. 11, 1911. 16 Wheeler claimed vote buying was extensive in the session, but especially in regard to the senate e lection. Originally, the two part ies expected a showdown between the aging Senator. Carter and Thomas J. Walsh, a Democrat and acclaimed favori te of the people. Several leg is la to rs remained uncommitted expecting former Democratic senator and copper magnate W. A. Clark to throw his hat into the ring. Once W. G. Conrad, a th ird Democrat entered the race, no one candidate could accumulate a majority vote. The senatorial e lection provided the assembly with a carnival atmosphere. Even the town folks joined in the hullabaloo. A Butte mainstreet pool room posted odds on the e lect ion. The c l ien te le favored former Senator W. A. Clark in the betting a t 6 to 5, with Carter running close a t 7 to 5. Walsh supporters placed his chance at 2 to I , while Conrad t r a i l e d a t 3 to I . This "senatorial handicap" made a debauchery of l eg i s la t ive responsib i l i ty , but what actually took place behind those granite capitol walls was an even worse mockery. Balloting for senator continued for over two months. The insertion and deletion of various new names increased the confusion. During the closing hours of the session Montana had no man to f i l l Carter 's seat . After the seventy-ninth ba l lo t someone threw in the name of Henry Lee Myers, Democrat and D is t r ic t Judge from Ravalli County. At th is c r i t i c a l moment Walsh and Conrad threw th e i r support 17 DerK Horse or RinRerV "Incorporated Horse Owner--If you think you are carrying too much weight to win with Amalgamated in th is race, Tom, we have another acceptable Jockey willing to r i d e . " Montana Lookout, January 28, 1911, p. I. 18 Z to Myers in order to prevent e i ther the. re-e lec tion of Carter or sending no senator to Washington a t all.. Though Walsh .believed Myers was independent and honest, i ron ica l ly , the "company men" supported him too. Myers received a unanimous vote for senator on the 80th I O ba l lo t , only f ive minutes before the leg is la tu re adjourned. Myers had played a secondary role in Fred Whiteside's exposure of W. A. Clark's alleged bribery of the leg is la tu re for a senate seat in 1899. During the twelve intervening years the people apparently forgot him. In the aftermath of the sess ion, reporters , the public, and leg is la to rs a l ike busied themselves trying to ident ify the newly elected senator. The Western News bemoaned the event, claiming that one l eg i s la to r thought he voted for Myer, manager of the Helena Hotel. Another colleague assumed tha t he voted for a State Senator Meyer of Carbon County. The leg i s la t ive correspondent told the edi tor that " i t was about the worst mixed up mess I ever saw . . ." The editor of the Harlem News, attempting to c la r i fy the s i tua t ion , wrote that ". .. . he is a prominent sheep man of the B i t te r Root Valley." "Not I I Q Wheeler, pp. 87-88; Connolly, The Devil Learns to Vote, p. 298; Western News, January 24, 1911, p. I ; James Leonard Bates, "Sena­ to r Walsh of Montana, 1918-1924: A Liberal Under Pressure" (unpub­ lished Rh.D d is se r ta t ion , Chapel Hil l: University of North. Carolina, 1952), p. 20; "Odds on Senators Posted in Butte," Western News, January 17, 1911, p. 4. 19 Diagnosis of a Complicated Case. "Doctor--Mr. Carter , I find tha t your heart is on the wrong side for the people of Montana, with strong symptoms of Amalgamated Fat Degeneration of your organs in The Record." Montana Lookout, February 25, 1911, p. I. 20 exactly a sheep man, brother," came the r e to r t , "he simply got the goats of the other candidates. The Montana Lookout portrayed the new senator as a "corporate influence cup id ," straddling a telephone wire interrupting connections between the people and the leg is la tu re . Editor Murphy believed the. company arranged Myers' e lection to prevent Walsh from becoming sena­ tor . Later, his suspicions confirmed to his sa t i s fac t ion , he reported tha t the "Montana State house . . . has no more re la t ion to . . . [Myers] elect ion to the senate than i t has to the coronation of King Edward, he is appealing more strongly to corporate and po l i t ica l bosses in th is s ta te than to the people of the s t a te , and his. t a lk is more Tike tha t of a caged parrot than of an informed ,j- and in te l l ig en t representa tive of an enlightened constituency. Historians s t i l l a t t r ibu te the elect ion of Myers to "machi­ nation of the company." Apparently company agents believed that Myers elect ion would help defeat Senator Joseph M. Dixon, a Republican from Missoula, who would be up for reelection in two years. Dixon's pro­ gressive po l i t ica l philosophy alienated both the company and President Taft , and he no longer held the pr iv ilege of federal patronage. Dixon ^Ed. Western News, March 10, 1911, p. 2. ^"Corporate Influence Cupid," Montana Lookout, March 4, 1911, p. I ; "How a Successor to Senator Carter was Chosen," as above, p. 4; "Senator Myers' Principles and Obligations as He Sees Them," March 18, 1911,. p. T; "Montana Legislature and Reciprocity," May 6, 1911, p: 4. 21 I M on tan a : W h y d id n 't v o *i e le c t I J W a lsh a n d p a s s p r im a ry e le c ­ tion a n d o th e r im ­ p o r ta n t l a w s a s you p rom is e d > M on tan a L eg is ­ lature : S p eak lo u d ­ er . p le a se . I c a n 't h e a r you . T h e r e m ust h e som ebody o n th e line Somebo 01 the Pm » 1 "Montana: Why d idn ' t you e lec t I . J. Walsh and pass primary election and other important laws as you promised? Montana Legislature: Speak louder, please; I c an ' t hear you. There must be someone on the l ine ." Montana Lookout, March 4, 1911, p. I. 22 moaned tha t the in te res ts chose a senator ". . . in my own back yard to make i t embarrassing for me . . Many newspaper editors c r i t ic ized the assembly for bungling attempts a t reforming the process of senatorial nominations and for i t s choice of a senator. Yet the elect ion of Myers aside, and despite the consensus of c r i t i c s and h is to r ians , the 12th Assembly was not lacking in major progressive accomplishments. I t passed a pure food and drug law, established a State Tuberculosis San i to r iurn and a .Sta te Insane Asylum, improved Boulder River School for the mentally retarded, and provided for the adoption of orphan children. I t s laws to prevent pollution of streams, to require sanita ry working conditions, and to 1 provide safety requirements in the manufacturing o.f toys for children 17are all excellent examples of the progressive s p i r i t of leg is la t ion . Yet the sess ion 's fa i lu re to deal adequately with pol i t ica l reform earned i t a reputation tha t his torians have fa i led to repudiate. Most students of Montana history echo the sentiments of Jerre Murphy, the assembly's prime antagonist. Murphy would lead one to believe tha t even these progressive achievements resulted from carelessness rather . * ^ B a t e s , p . 21; Connolly, The Devil Learns To Vote, p. 298; Jules A. Karlin, Joseph M. Dixon of Montana. Part I : Senator and Bull Moose Manager 1867-1917 (Missoula: University of Montana Pub- l ica t ions in History, 1974), pp. 106-108. ■ 17For the fu l l context of these and other laws, see Montana Governors' Papers. Legislative Se r ie s , Box 5, SI. 23 than in ten t . He reported tha t on the final day of the session the . members had so many personal irons in the f i r e which had to be attended to tha t they could not remain in th e i r seats to consider b i l l s of in te res t merely to the people of Montana." Meanwhile, he continued; . . . [a] perfect horde of lobbyists . . . f i l l e d the a i s le s , lined the walls and occupied the seats of members and guests . . . From 10 o'clock t i l one the next morning, an hour a f t e r the l eg i s la t ive session had legally ended, the same feverish, roaring mill of reckless leg is la t ion was kept going a t top speed . . . . perhaps not five p e r c e n t of the members in e i ther house even caught the numbers of the measures, much less the t i t l e s J 8 Even allowing for Murphy's f la re for dramatic exaggeration, the l a s t day of the session had to be a wild scene. Before those l a s t desperate moments leading to the e lection of Myers, the leg is la tu re passed 114 b i l l s and dealt with numerous more. Only 223 b i l l s passed in the to ta l session, showing tha t more than half came out of the final work day. But in a l l fairness to the assembly, one must rea l ize that no rule provided a cu t-off date for introducing leg is la t ion . Bills dropped continually into the hopper r igh t up to and including that l a s t day. S t i l l , the progressive laws passed by the 12th Assembly deserve special a t ten t ion and in te rp re ta t ion . Regardless of Murphy's account as to how the leg is la t ion passed, only true progressives would ^8nHow Combines and Lobbyists Pass Laws in Montana," Montana Lookout, March. 11, 1911, p. 2. 24 have introduced such b i l l s , and the i r work should be given prime con­ sideration in the study of the progressive era in Montana h i s t o r y . ^ Laws, Resolutions and Memorials of the State of Montana Passed a t the Twelfth Regular Session of the Legislative Assembly 1911 (Helena: independent Publishing Co., 1911); Senate Journal . . . 1911, p. 648 CHAPTER I I THE ORGANIZATION OF THE PEOPLE'S POWER LEAGUE Montana's independent presses responded to the l eg i s la tu re ' s fa i lu re to achieve r e a l i s t i c po l i t ica l reforms by suggesting leg is ­ lat ion by i n i t i a t i v e . The Montana Lookout reminded i t s readers that po l i t ic ians only claimed to support reform of the po l i t ica l process because they owed th e i r own positions to boss power. Yet, edi tor Murphy added, even the po l i t ic ians can not afford to oppose a popular movement to secure d i rec t elect ion laws, for po l i t ic ians need public •*] favor to stay in o ff ice . Having committed i t s e l f to leg is la t ion by i n i t i a t i v e , the Western News proclaimed the " . . . beginning of the end of corporate d ictat ion and corruption in Montana . . . . The great Amalgamated . Anaconda copper t r u s t will of necessity be re t i red from po l i t i c s . " As a means to th is end. Miles Romney, a Democrat from Hamilton, organized a provisional or volunteer committee to draw up reform leg is la t ion and c ircu la te i n i t i a t i v e pe t i t ions among the s t a t e ' s voters . This ^"Why Not a Primary Law by Direct Vote?" Montana Lookout, February 6, 1910, p. 4; "When Voters Retire the Bosses," Twin Bridges Monitor, as in Montana Lookout, March 25, 1911, p. 6; "Primary Election Law by Direct Vote,'1 Montana Lookout, April 1 , 1911, p. 4. 26 provisional committee evolved into the People's Power League of 2Montana. Known as the "wheelhorse" of Ravalli Democratic party, Romney was characterized as . . one of the most e ffect ive workers for pro­ gressive leg is la t ion" even before he began his e f fo r t s with the People's Power League. Formerly mayor of Hamilton and twice s ta te senator, he brought both enthusiasm and experience to the League he fathered. And his grea tes t a sse t , his Western News, kept public i ty about the newly organized League constantly before his reading patrons. 2 2 "A Better Era Dawning," Western News, April 4, 1911, p. 2; "Text of Direct Primary Law Proposed by Provisional Committee to be Submitted Through the In i t i a t iv e and Referendum," Western News, April 7, 1911, p. I ; "Program of the Provisional Committee of the People's Power League," as above, May 19, 1911, p. 4. Romney's enthusiasm was matched by the head-lines four columns wide. ^Secretary of Sta te , I n i t i a t i v e Fi le , 1911-1912, contains coverlets printed by Romney l i s t i n g the names of the organizational members and county representat ives. The ident i ty of these men has been determined as far as possible within the following sources: M. A. Leeson, History of Montana 1739-1885 (Chicago: Warner, Beers & Co., 1885); Joaquin Mil ler , An I l lu s t ra ted History of the State of Montana, (Chicago: Lewis Publishing Co., 1894); A Newspaper Reference Work: Men of Affairs and Representative Ins t i tu t ions of the State of Montana Butte Writer 's Association (Butte: McKee Printing Co., 1914); North-" western Gazetteer: Minnesota, North and South Dakota and Montana Gazetteer and Business Directory 1912-13 (St. Paul: R. L. Polk, n . d . ); R. L. Polk, City Directory t i t l e varies (Kansas City, Missouri: local publishers , 1910-1915). Directories consulted include Anaconda, Bil l ings , Butte, Chinook, Deer Lodge, Fort Benton, Great Fal ls , Havre, Helena, Kal ispe l l , Lewistown, Livingston, Missoula-Hami I ton, and Miles City-Glendive-Forsyth; Progressive Men, of the State of Montana (Chicago: A. W. Bowen & Co., circa 1906); Robert George Raymer, Montana, The Land and the People 3 Vols. (Chicago and New York: Lewis Publishing Co., 1930); Helen Fitzgerald Sanders, A History of Montana 3 Vols. 27 Three additional newspaper edi tors joined ranks with Romney to form the propaganda base of the provisional committee. In Great Falls Robert N. Sutherl in. Democrat and manager of the long established Rocky Mountain Husbandman, provided wide c ircula t ion of the i n i t i a t iv e plans among the farming element of the s ta te . The well versed, cosmo­ politan English gentleman William K. Harber, a Republican, carr ied the news from Fort Benton in his River Press to residents of north-central Montana. Rounding out the po l i t ica l spectrum Butte's Soc ia l i s t Mayor Lewis J. Duncan disseminated information through the Butte Social is t n and l a t e r the Montana S o c i a l i s t , which claimed state-wide c ircula t ion. Progressive Jerre Murphy also supported the provisional committee for i n i t i a t i o n , but never o f f i c i a l l y joined the League. Due to financial d i f f i c u l t i e s Murphy sold his Montana Lookout and even­ tual ly sought employment in California. Even there he continued his ba t t le against corporate power in the s t a t e ' s po l i t ic s by publishing a book en t i t led A Comical History of Montana. Before se l l ing the Lookout *4 (Chicago and New York: Lewis Publishing Co., 1.913); Tom Stout, Montana, I t s Story and Biography 3 Vols. (Chicago and New York: American Historical Society, 1921). 4See also Frank Grant, "Rocky Mountain Husbandman: Embattled Voice of the Montana Farmer," Montana the Magazine of Western History, XXIV (April, 1974), pp. 34-43; Montana Historical Library, Microfilm Collection, Records of the Socia l is t Party of Montana, Terrance D. McGlynn, "Lewis J. Duncan, Soc ia l is t : The Man and His Work" (unpub­ lished a r t i c l e , April 19, 1969), 40pp. 28 Murphy advanced the cause of the provisional committee in an editor ia l which read in part: There is nothing partisan about a primary election law. Any good measure along th is l ine must work to destroy undue advantages for public posit ion, and necessarily cannot work to the advantage of one po l i t ica l party over any other. The leas t d i f f i c u l t way and the most successful way to do . business will be by co-operation of progressive c i t izens in a l l part ies in the work of c ircu la t ing peti t ions and supporting the measure a t the pol ls . . . . . There is no Tack of harmony in purpose.' There should be no lack of harmony in performance. The one thing needful is to get the law.5 In addition to these jou rna l is t s of varied po l i t ica l a f f i l ­ ia t ions on the provisional committee, members of the bench and bar from both major part ies len t th e i r support. D is t r ic t judges who joined were Sydney Fox of the 13th D is t r ic t a t Red Lodge; Edwin K. Cheadle, Lewistown1s IOth D is t r i c t judge and l a t e r a major f igure in the Progressive Party; and Robert Lee McCullock, the Democratic 4th Distr ict judge from Hamilton. The lawyers who helped Romney draw up the i n i t i a t i v e leg is ­ la t ion and pe t i t ions included Walter S. Hartman, a Bozeman Democrat who served as a member of both the Executive Board of the State Agri­ cultural College and the State Board of Education, John F. Duffy joined the committee as a Soc ia l i s t from Kali spel l . He l a t e r became * Jerre C. Murphy, A Comical History of Montana: A Serious Story for Free People (San Diego: E. L. Scofield, 1912); "Primary Election Law by Direct Vote," Montana Lookout, April I , 1911, p. 4; Richard B. Roeder, "Who Was Jerre Murphy?" Proceedings of the -Montana Academy of Sciences, XXVI (1967), pp. 82-86. 29 a judge. Also on the committee were A. G. Hatch, Democrat from Big Timber and Thomas J. Walsh of Helena, the only senator to be elected under the provisions of the Everett b i l l , of the 1911 legislature.® Other act ive committee members came from various professions. Edward Cardwell of Jefferson Island came to the t e r r i to ry in 1863 as a prospector and ventured l a t e r into mining, farming and stock rais ing. Always an act ive Democrat, Cardwell served in three t e r r i t o r i a l l eg i s ­ la tu res , the constitutional convention, and four terms as s ta te sen­ a tor . At the age of 81 he stood as a legend among the friends of popular government. Another Democrat, Tom Alexander of Forsyth, played an in te res t ing role in the development of the t e r r i to ry . He came west as a sold ier and Indian f igh te r , l a t e r went into mining and , then the c a t t l e industry. Alexander founded the town of Forsyth where he bu i l t a s to re , hotel and bank. Charles Wilson Chowing of Ennis, also a t e r r i t o r i a l a r r iv a l , came to.Montana working for the Northern Pacific Railway. He served as State Lands Inspector, managed the ®For additional information on Walter S. Hartman see: Montana State University, Special Collections, Q.K. Club [Quest for Knowledge], Hartman delivered several addresses to the group which display i n t e l ­ ligence, wit , and iconoclasm. For additional information on Thomas J. Walsh see: J. Leonard Bates, "Thomas J. Walsh: His Genius for Contro­ versy," Montana the Magazine of Western History, XIX (October, 1969), pp. 2-15; James Leonard Bates, "Senator Walsh of Montana, 1918-1924: A Liberal Under Pressure" (unpublished PH.D d is se r ta t ion . Chapel Hil l: University of North Carolina, 1952). 30 Montana Cattle Company, and, in semi-retirement, ran a general store and post o ff ice . William E. Nippert of Thompson joined the committee from the Republican Party. Nippert worked as clerk of the d i s t r i c t court , j u s t i c e of the peace, and school master. In addition to. showing a wide geographical and professional spread, committee volunteers also represented a varie ty of party a f f i l i a t i o n s . Republicans were leas t represented, as conservatives within th is party opposed the po l i t ica l reforms the committee planned to i n i t i a t e . Those who actually joined may have endangered the i r party standing. That the committee contained a larger number of Democrats indicates greater party acceptance of the issues. Also, Romney's call for volunteers na tura lly a t t rac ted many persons who were acquainted with him through the Democratic Party. The People's Power League organized o f f i c i a l l y on June 11, 1911. On tha t date the provisional committee met in Deer Lodge with repre­ sentatives from the s t a t e ' s labor unions. The labor leaders agreed to join the League and give th e i r support to the i n i t i a t i v e campaign. In re turn , they asked the League to help them in a. future election to i n i t i a t e a workmen's compensation law, and to aid them in the i r drive, for a referendum on the Donohue Military Law passed by the 1911 leg is ­ la ture . Union representa tives pledging th e i r cooperation with the League were Max McCusker, Ed Carlton, James O'Leary and H. Jurner of 31 the Livingston Federated Railway Trades; D. J. F i tspatr ick of Missoula Federated Railway.Trades; Edward Suitor, T. S. Brown,. Edward Thomas, T. J. Heron, Wolmer Hanson and Al Devine of the Deer Lodge Federated Railway Trades; W. S. Harter of Miles City, representing the workers of the Chicago, Milwaukee and Puget Sound Railway; Dan Leary and Andrew Mallon of the Anaconda Mill and Smeltermens Union; H. W. Nelson of the Billings Trades and Labor Council; Edward Shields of the Silver Bow Trades and Labor Council; Albert Michaud of the Miles City Trades and Labor Council; Phil Christian and Robert Squire of the Butte Miners Union; and Mortimer M. Donoghue and Oscar M. Par te low. President and Secretary respectively of the Montana State Federation of Labor. Others joining the League were W. J . •Dorrington of Chouteau and Charles 7 Dieter of Mondak. - The voting strength of 25,000 union members p rac t ica l ly guaranteed the success of the People's Power League. Labor leaders had act ively engaged in po l i t ic s in the s ta te for quite some time. In the elect ion of .1906 the unions fought hard for the passage of the i n i t i a t i v e and referendum amendment to the Constitution, and in 1908 they became the f i r s t group to attempt to l eg is la te through i t s 7 7 "People's Power League Behind Big Campaign—State Labor Organizations Unite with Provisional Committee to Secure Reform Legislation . . . ," Western News, June 13, 1911, p. I ; "PPL Organized," Si lver State (Deer Lodge), June 14, 1911, p. I ; "People's Power League," River Press , June 21, 1911, p. 5. 32 provisions. The unions, also increased the funds for League publici ty by pledging financial support of $5 per union organization and $1 per 8each union member. At the League's f i r s t meeting, a const i tut ion and se t of by­ laws were drawn up, containing a statement of the organizat ion 's central purpose: ■ To secure by d i rec t leg is la t ion through the medium of the i n i t i a t i v e and referendum such laws as may be essentia l to the welfare of the People of Montana and to provide for a campaign of education. The principles of the i n i t i a t i v e and referendum and recall apply to a l l matters pertaining to the government of the organization. The election of o ff icers so l id i f ied the bond between the provisional committee and the labor unions. Appropriately, Miles Romney was elected president, while Max McCusker of the Livingston Federated Railway Trades was chosen secre tary- t reasurer . An executive committee consisted of one member from each county who was. responsible for c ircu la t ing pe t i t ions in his area. One of the f i r s t actions of the newly formed League was. to support a referendum on the Donohue Military Law of the 1911 assembly. This referendum movement had begun e a r l i e r under the sponsorship of the Montana State Federation of Labor. Now the unions asked. League support to c i rcu la te pe t i t ions in the non-industrial portions of the s ta te . Richard B. Roeder, "Montana In the Early Years of the Pro­ gressive Period," (unpublished Ph.D d is se r ta t ion . University of Penn­ sylvania, 1971), pp. 150-152, 176; Secretary of Sta te , In i t i a t iv e Files, 1908. 33 Miles Romney, Hamilton, Montana. Founder and President of the People's Power League 1911-1915. Montana Historical Society Photograph. .34 The founding members also discussed several proposals for d i rec t l eg is la t ion . They wisely decided not to present too many b i l l s in th e i r f i r s t campaign, as the s t a t e ' s e lectorate had no experience with voting on i n i t i a t i v e measures. They agreed tha t the f i r s t p r io r i ty should be leg is la t ion to reform the po l i t ica l process. . The members then voted to i n i t i a t e four b i l l s : a b i l l for d i rec t election of senators to replace the Everett b i l l of "fake primary" law of the 12th Assembly; a b i l l for primary elections to supersede the company- influenced convention system of nominating party candidates; a b i l l ■ cal l ing for a primary nomination election of presidentia l and vice- presidentia l candidates; and a companion measure calculated to destroy 9company campaign corruption called the corrupt practices act . Laws such as these, they believed, would supplant leg is la t ive blundering and the corruption and control of party conventions by special i n te r e s t s , and would place po l i t ica l power into the hands of the people. I t was hoped tha t the government would be t ru ly repre­ sentative once the people nominated and elected every o f f ic ia l from the county court house to the White House. The representatives would act in the best in te re s t of the public, leg is la t ing progressively to improve society. Democracy no longer would be the monopoly of a few : g "People's Power League Behind Big Campaign . . . ," Western News, June 13, 1911, p. I . 35 powerful or wealthy self-serving individuals or corporations, but would f u l f i l l America's creed of a government by and for the people. The d i rec t primary was not a new issue in Montana. Originally the term primary referred to a meeting of county po l i t ica l party delegates convened to nominate candidates for local off ices and choose representatives to the s ta te party conventions. The s ta te conventions nominated candidates for s ta te off ices and chose delegates for the national party convention. This method of selecting candidates 10excluded the voice of anyone outside the party hierarchy. The problems of th is nominating system can best be explained in terms of a 1901 law, passed to strengthen party control over the primaries. I t l imited part ic ipa t ion in the nominating process to delegates who promised to support the party in the general election. Anyone present a t the county primary meeting was subject to the challenge of the party, and forced to swear his party allegiance before a judge. Any delegate falsely, swearing the oath could be sentenced to one to three years in the s ta te penitent iary . This law made party membership the equivalent of a s t r a i t j a c k e t . ^ *1 ^Roeder, "Montana In the Early Years of the Progressive Period," p. 130. 11Laws, Resolutions and Memorials of the State of Montana Passed a t the Seventh Regular Session of the Legislative Assembly 1901. (Helena: State Publishing Co., 1901), p. 115. , 36 Bills for a d i rec t primary as we use the term today were in t ro ­ duced in the leg is la tu res of 1901, 1903, and 1905. In both 1903 and 1905 Governor Joseph K. Toole urged passage of a d i rec t primary in his I p State of the State message. In 1905 the primary election became law. This was a legi timate primary law, but i t contained many imper­ fections. The law was.optional on a local basis , r e s t r i c ted to c i ty or county use, and could be implemented only through peti t ions of the e lectors . According to contemporary c r i t i c s , "the primary tended to discriminate against rural voters ," as the elections fe l l during harvest time when farmers could not leave th e i r f ie lds to vote. A party in the minority also t r ied to take undue advantage of the other by nominating only one candidate for each o f f ice , then crossing party lines to nominate the weakest candidate for the opposition. Those against th is pa r t icu la r act labeled i t a ". . . t r i c k . . . a pretense 12 12House Journal of the Seventh Session of the Legislative Assembly of the State of Montana 1901 (Helena: State Pub l i sh ingCo., 1901), HBl0, pp. 9, 150, HBl85, pp. 236, 256; Senate Journal of the Seventh Session of the Legislative Assembly of the State of Montana 1901 (Helena: State Publishing Co., 1901). SB66, pp: 56, 86; Senate Journal of the Eighth Regular and Extraordinary Sessions of the Legislative Assembly of the State of Montana 1903 (Helena: State Publishing Co., 1903), HB201, pp. 152, 185, HB269, pp. 175, 185; House Journal of the Ninth Regular Session of the Legislative Assembly of the State of Montana 1905 (Helena: State Publishing Co., 1905), HBl36, pp. 115, 367-368; HB271, pp. 252, 345, HB256, pp. 239, 311, SB79, pp. 350; Laws, Resolutions and Memorials of the State of Montana Passed a t the NThth Regular Session of the Legislative Assembly 1905" (Helena: State Publishing Co., 1905), pp. 108-2)5; Roeder, "Montana In the Early Years of the Progressive Period," pp. 108-198. 37 to carry out the solemn promises . . . , " a n d complained of the added expense involved in two campaigns which favored the wealthy p o l i t i ­ c ian s .13 * In sp i te of the fac t that the Democratic,Republican, Populist and Labor part ies a l l favored the d irec t primary elect ion in the i r platforms of 1906, the 1907 leg is la tu re chose to repeal rather than amend the measure. The friends o f . the d i rec t primary were so angered by i t s repeal tha t they pressured the 1909 session to revive i t . A House b i l l for the measure passed, but the Senate refused to consider i t . Senator Miles Romney t r ied to save the b i l l , and f a i l in g , in t ro ­ duced another in the Senate, only to see i t die in committee. Attempts "I A also fa i led to appoint a committee to study primary leg is la t ion . In his 1911 State of the State message Governor Edwin L. Norris requested a primary law tha t included the off ice of senator. A b i l l containing both primary elect ions and d i rec t elect ions of U. S. sen­ ators fur ther confused the issue, there were too many versions "I O Roeder, "Montana In the Early Years of the Progressive Period" pp. 130-132. "I A Ibid, pp. 177-178; House Journal of the Tenth Session of the Legislative Assembly of the State of Montana 1907 (Helena! State ~ Publishing Co., 1907), HB245, pp. 197, 577; Laws, Resolutions and Memorials of the State of Montana Passed a t the tenth Regular Session of the Legislative Assembly 1907 (Helena: State Publishing Co., 1907), p. 108; Senate Journal of the Eleventh Session of the Legislative Assembly of the State of Montana 1909 (Helena: Independent Publish!ng Co., 1909), HB26, pp. 33, 193-196, SB104, pp. 203, 298, HJRll, pp. 2T2, 279. 38 for Democrats, Republicans, conservatives and progressives to agree on Separate b i l l s appeared to sa t i s fy each faction but only the Everett primary—dealing with senators, as discussed in Chapter !--passed into TC law. The s ta te s t i l l had no d i rec t primary. While the leg is la tu re batt led over versions of primary and senatorial nomination b i l l s , the Western News argued that ■. . . popular election of United States senators is important, yet representa tive government a t home is vastly more e ssen t ia l—and th is can be. secured in . this t r u s t bound s ta te only through the nomination of all public o f f ic ia l s by d i rec t vote. Other editors echoed Romney's sentiments regarding the d irec t primary. The Chester Signal believed tha t "the d irec t primary method of se lecting county off icers was the nearest [to] perfect tha t has yet been devised." And one of the e a r l i e s t advocates of election reform, the River Press , favored the d irec t primary.because i t ". . . places pol i t ica l power in the hands of the people, whose vote and influence 15 15"Work of the Montana Legislature in Opening Week," Montana Lookout, January 7, 1911, p. 2; Senate Journal of the Twelfth Session of the Legislative Assembly of the State of Montana 1911 (Helena: Independent Publishing Co., 1911), SB2, pp. 7, 200, SB200, pp. 555, 559; House Journal of the Twelfth Session of the Legislative Assembly of the State of Montana 1911 (Helena: Independent Publishing Co., 1911), HBl, pp 16, 453, HB36, , pp. 40, 145; K. Ross Toole, "Rebuttal: When Is a Reform a Reform?" Montana the Magazine of Western History XX (Autumn, 1970), p. 27, says the Anaconda Company fought the direc t primary "tooth and na i l . " He must be referr ing to a c t iv i ty within the leg is la tu re tha t prevented the passage of an e ffec t ive primary law The company did not f igh t openly against the in i t i a ted primary law, except perhaps to avoid discussion of the League's proposals in i t s . presses. I39 cannot be. controlled or traded by schemers who frequently directed the - 16 proceedings of the old-time conventions." i Judging from party platforms,newspapers ed i to r ia l s and l e t t e r s to the. leg i s la tu re , the majority of Montanans desired a d irec t election primary, and most people believed public nomination of candidates would decrease the po l i t ica l dominance of the Anaconda company. The real question then, was what type of primary law would best serve the in te res t of the voters. When the People's Power League took up th is issue several laws from other s ta tes were studied as models. The League chose to model i t s i n i t i a t i v e a f t e r the Oregon law drafted by William S. U1 Ren, which was the most popular model in the country. Oregon's law provided tha t voters s ta te th e i r party pref­ erence to the clerk and recorder when regis ter ing to vote. This system is called the "closed" primary. The Wisconsin primary law differed in tha t .vo ters never recorded th e i r party preference. Many League members, pa r t icu la r ly those of the wage earning c la ss , believed party secrecy to be extremely important. Due to the large measure of support the unions * I®"A Fake Primary Won'J Go," Western News, February 17, 1911, p. 4; "Convention System In Prac t ice , '1 Chester Signal, as in Montana Lookout, September 24, 1910, p. 6; "Direct Primary. Elections,". River Press, as in Roeder, "Montana In. the Early Years of the Progressive Period," pp. 108, 131. . 40 offered', the League chose to adopt th is "open" system of r eg i s t r a ­ t ion. The Anaconda Company with i t s subsidiary power and lumbering a c t iv i t i e s employed more men in the s ta te than any other concern. The laboring men feared tha t party a f f i l i a t i o n would be a determining fac tor in finding and holding jobs. Their concern may have been well founded. In March of 1912 the company f i red 350 miners allegedly on the grounds tha t they were Socia l is ts and refused to ". . . renounce th e i r po l i t i c s and withdraw from the s o c ia l i s t club." Many of these men reportedly held responsible posi tions and had worked several years for the company. I f a "closed" system forced voters to disclose the i r party preference, the reg is t ra t ion books would be open for examination. Many workers would be afra id to r eg i s te r , for party a f f i l i a t i o n could be used by corporate in te res ts to determine th e i r hiring and f i r ing of I O employees. The League's "open" system of reg is t ra t ion drew more opposition than th e i r other in i t i a t i v e s of 1912. Party puri ty , part iculary to the 17 17"People's Power League Behind Big Campaign . . . ," Western News, June 13, 1911, p. I . The terms "open" and "closed" primary are often confused in the reporting of the period. For c l a r i t y the present usage and meaning will be maintained in th is paper. IR"Butte Miners Vote Down Str ike ," Western News, April 2, 1912, p. 4. Most miners were not prepared to sacr i f ice t h e i r incomes to stand up-for o thers ' po l i t ica l r igh ts , but the 1,121 votes to s t r ike against the company's actions shows some measure of sympathy for the discharged miners. \ 41 Republicans, overrode any concern for the laboring men. The Republican Picket of Red Lodge complained tha t in the open primary. . . . men of opposing po l i t ica l views, democrats, s o c i a l i s t s , anarchis ts , populis ts , or men of any other party could demand ballo ts a t the republican primary e lec t ion , and no way would ex is t to prevent them using those ba l lo ts . The P icket 's main objection seemed to be against the People's Power League provision of the open primary, yet the ed i to r opposed public nomination of any kind. He wrote tha t even in a closed primary voters would r eg i s te r .a s Republicans in order to ". . . de f i le the i r t i c k e t , " then vote as Democrats or Soc ia l is ts in the general elect ion. The e d i to r ' s opinion of the voting populace of the s ta te conditioned his stand against any kind of primary election: I t is an easy matter for a man with lax principles and e l a s t i c sense of moral obligations to declare himself a republican or a democrat a t the primary then vote the opposite t icke t a t the regular e lection. Only he himself, and he alone need know how he voted when sheltered by the privacy and sanct i ty of the voting booth. How is the law to reach a man who thus s t u l t i f i e d himself? How is he to be punished under the law; where is the proof to be had tha t he did not vote ■ the same a t both e le c t io n s? ^ Writing for the People's Power League Robert M. LaFollette responded to the objections of c r i t i c s of the d i rec t primary. His fa i th in the people expressed generally progressive views towards the s t a t e ' s voters: IQ "Direct Primary Only a Farce." Republican Picket, April 4, 1912, p. 6. There has grown up in high places a scorn and contempt for the plain c i t izen . I t has become common to re fe r to the people as a "mob" and to the people's rule as the "rule of the mob." Constitutions and s ta tu tes and a l l the complex de ta i l s of government are but the instruments created by the c i t izen for the orderly execution of his w i l l . Whenever and wherever . they f a i l , they will be so changed as to make them effect ive to execute and express the well-considered judgement of the c i t izen . For over and above const i tu t ions and s ta tu te s , the greater than a l l , the supreme sovereignty of the people! This is the people's government. They will not destroy i t . They will not permit organized privilege to destroy i t s v i ta l pr inciple . They will res tore and forever preserve i t as government that shall be t ru ly representative of the people.20 ,42 A desire for presidentia l and vice presidentia l primaries inspired the th ird i n i t i a t i v e the League submitted to the people. The e lectorate of Montana never had an opportunity to voice i t s choice of a presidentia l nominee. Under the exis ting system a s ta te party caucus chose and instructed the delegates to the national convention. Caucus members often echoed the desire of special in te res ts within the s ta te when choosing th e i r candidate. The League's i n i t i a t i v e was designed to obtain the expression of a popular choice in . ins t ruc t ing delegates to the national convention. The 1892 Populist platform endorsed popular election of the president , by-passing the s ta te caucus and the e lectoral college. Yet, *8 on ^"Written Exclusively for the People's Power League of Montana by Senator Robert M. LaFollette of Wisconsin," Western News, September 8, 1911, p. 4. in-variance with the 'pa t te rn typical of other Populist pol i t ica l reforms, the older, established part ies ignored th is issue. Within the next two decades only five s ta tes gave the i r e lec tora te a d i r e c t . voice in nominating presidentia l contenders. Oregon led the way in . 1910, although her provisions s t i l l maintained the electoral, college in tac t . Onlya national movement could remove th is archaic vestige of p r iv i leged ru le , as i t was unlikely tha t the established part ies would be wil ling to loosen th e i r grasp on p res iden t ia l . selection. The River, Press viewed presidentia l preference ". . . the. newest thing in. l eg i s la t ion ," and hoped Montana would join the leaders pi of th is reform. The most a r t i cu la te support for th is in i t i a t iv e came from Senator Jonathan Bourne of Oregon, who addressed the League in October of 1911. According to Bourne, the "federal machine" would have no power to perpetuate i t s e l f i f the people, ra ther than the party bosses, chose the presidentia l nominees. Nor could a president hand pick his successor as did Theodore Roosevelt. Each candidate . would have to demonstrate his own a b i l i ty to gain popular acceptance. And most importantly, preference primaries would rel ieve " . . . p res i ­ dents of any obligation to po l i t ica l bosses, campaign contr ibutors, . ^ Kathleen Hendricks, "The People's Party of Montana 1892-1893," (unpublished seminar report , Montana State University, 1974), p. 10; • "Presidential Primaries," Kalispell Bee, October 10, 1911, p. 5/, "For Direct Primaries," River Press, October 4, ,1911, p. 5; "P re fe ren t ia l . Primaries," June .26, T912, p. 2. 44 national delegates or individuals--thus t ransferr ing the obligation from any known individual to the composite c i t izen , where i t belongs The "Cousin Jack" editors of the Tribune Review, Butte's cornish newspaper, favored presidentia l preference because they.thought i t would ". . . compel the enactment of primary laws" for all public off ices . They were more skeptical of i t s success, however, fearing that Republican and Democratic leaders would f igh t to prevent the free expression of the people. Conservatives preferred, according to the ed i to rs , ". . . manipulating to su i t th e i r purposes. This means . . . [they] intend to force on the people candidates of t h e i r own choice, feeling confident tha t i f they nominate them, the people will have to e lec t them.1,23 The ba t t le between William Howard Taft and Theodore Roosevelt for the Republican nomination focused greater national a t tent ion on the issue of presidentia l preference primaries. Many party members of the progressive wing believed Roosevelt was the people's choice. Once the Taft machine renominated the president, the Roosevelt or progressive wing s p l i t o ff into a th i rd party. These Progressives, as they called 22"Senator Bourne Praises People's Power League," Western News, October 17, 1911, p. 4. 23llPreferential Primaries," Tribune Review, June 29, 1912, p. 4. 45 themselves, believed tha t a presidentia l primary would have blocked Taf t 's candidacy.^ The Republican Picket again took the lead in opposing pres i ­ dential preference primaries. The edi tor alleged tha t such a primary would t o ta l ly "demoralize", the Republican party because members of other part ies could choose the Republican candidate. Expressing his typica l ly conservative point of view, the editor went on to say: Presidential primaries conducted on anything l ike the system in vogue, are not only farc ia l but disgraceful to all concerned is evident to everyone save the demogogue who howls " le t the people ru le ," meaning his kind of people, of course. The edi tor was of the opinion tha t presidentia l primary leg is la t ion was 11. . . not a c red i t to tha t wisdom which the American people are presumed to possess. . . . The idea is r ig h t , but the method of placing i t in operation is rotten from the ground up." The. Great Falls Tribune agreed tha t cer tain problems did exis t with the proposed presidentia l primary, but the editor continued to support the i n i t i a t i v e . He answered c r i t i c s complaints concerning the 24. " 'Progressive Republicans' Conference in Bill ings Results in Forming Organization," River Press, February 28, 1912, p. I ; "Dixon Makes Protest--Caustic Criticism of Action Taken by Republican Com­ mit tee," March 27, 1912, p. I ; "The People Must Rule," March 13, 1912, p. 4; "Primaries August 24--Convention 26," Western News, August 9, 1912, p. I . 25 "Presidential Primary Impossible in Montana," Republican Picket , March 28, 19T2, p. 9; "A Disgraceful Farce," May 23, 1912, p. 4. expense of two campaigns by explaining tha t the corrupt practices act would make both campaigns less cost ly than the single one of previous 26years. '4 6 . Members of the People's Power League were determined to invest full po l i t ica l power in the.hands of the people by giving them the r ight to nominate a l l candidates for po l i t ica l off ice from the pres i ­ dency to the county l e v e l . But in order to prevent special influence from undermining tha t power during an elect ion campaign, a fourth i n i t i a t i v e , the corrupt practices a c t , was imperative. Montana's f i r s t corrupt practices act came out of the 3rd Assembly of 1,893. The law prohibited leg is la to rs from accepting bribes, bargaining or trading support for proposed leg is la t ion . At Governor John E. Rickards' suggestion, the following session extended the law 27to cover elect ions and campaign expenses. The law appeared to have very l i t t l e impact. For one thing, there were no provisions r e s t r i c t ing campaign expenses or pol i t ica l 26"Blaming the Primary," Great Falls Tribune, as in River Press , August 21, 1912, p. 2. 27Laws, Resolutions and Memorials of the State of Montana Passed a t the Third Regular Session of the Legislative Assembly 1893 (Butte City: Intermountain Publishing Co., 1893). p. 44; House ~ Journal of the Fourth Session of the Legislative Assembly of the State of Montana 1895 (Helena: State Publishing Co., 1895). HB20, pp. 7, 11, 299. contributions. Assessing the problem, the Terry Tribune stated that campaigns were conducted by . . simply the opening of a b a r re l , and sowing the s ta te from one end to the other with corruption money--the la rges t barrel winning in the end." This extravagant campaigning prevented the election of any but the wealthy or those supported by . OO special in te re s t s . During th is time several s ta te s were experimenting with corrupt practice laws which permitted the League to study them and se lec t the type most su i tab le for Montana. New York had i t s Hughes Publicity Law that limited campaign expenses and prohibited corporations from con­ tr ibu t ing . The desired e ffec t was lo s t , however, as private contr i ­ butions were not limited. A corporate o f f ic ia l could finance a cam­ paign personally, thus buying the services of a public off ice holder. The Progressive platform in Wisconsin proposed a more s t r ingent law. I t would require tha t all contributions and expenditures be accounted for and made public, including the names of the donors. The proposal also provided th a t . th e personal qua l i f ica t ions of a ll o f f ice seekers 29be made public prior to primary and general elections. The corrupt practices act i n i t i a t ed by the League placed l imits on both campaign expenses and contributions to any one candidate. 28"Editor ia l , Terry Tribune, as in Montana Lookout, February 5, 1910, p. 6. 29Ed i to r ia l , Montana Lookout, November 12, 1910., p. 2. 48 According to Romney the act would " . . . protect the puri ty of the ba l lo t . . by eliminating bribery money, and would inform the voters as to who contributed to each candidates campaign. This, he believed, would e ffec t ive ly keep the company from contributing heavily to buy an off ice holder, or make the public so aware tha t they would not vote for a company supported candidate. Romney believed the law had "real teeth ," , and would provide equal opportunit ies for a l l desiring election, whether poor or mil l ionaire . Oregon Senator Bourne praised especially the i n i t i a t i v e ' s provisions for an information pamphlet mailed from the secretary of s ta te to each voter p r io r to an, election: The public i ty pamphlet provided for by the corrupt prac­ t ices act affords a l l candidates, for nomination or election equal means of presenting before the voter th e i r views of public questions, and protects the honest candidate against the misuse of money in po l i t ica l campaigns. Under the oper­ ation of th is law popular verdicts will be based upon ideas, not money; argument, .not abuse; p r inc ip les , not boSs and machine d i c t a t i o n .30 The l a s t measure presented by the League was a referendum on the Donohue Military Law passed by the 12th Assembly. Daniel J. Dono­ hue, a Dawson County Democrat, submitted the l eg is la t ion . Donohue, a surgeon and president of the Samafatan Hospital in 61 endive, was■also a uilText of Corrupt Practices Act Designed to Limit Campaign Expenses," Western News, April 14, 1911, p. 2; "The Corrupt Practices Act," February 21, 1913, p . 2; "Senator Jonathan Bourne Praises . People's Power. League,". October 17, 1911, p. 4. 49 major in .the s ta te m i l i t i a . His b i l l was apparently a re-codification of mil i ta ry laws, an attempt to conform with the federal or Dick Military Law. The law provided exceptionally l iberal powers under which the governor could mobilize the. national guard. I t also required counties to build armories a t t h e i r own expense, while the s ta te stood the cost of pay and provisions for the m i l i t i a when called into active service. All male residents from age 18 to 4.5 could be cal led to 31serve for up to three years. The Montana State Federation of Labor and the United Railway Trades immediately expressed opposition to the law as an excessive tax burden and as a measure repressing union or labor movements. Labor leaders feared tha t i f a s t r ike became necessary to secure workingmen's demands, the governor would call a ll s t r ik e r s into the m i l i t i a , appoint the employers as m i l i t i a o f f ice rs , and force labor to break i t s own s t r ik e . Thus labor organizations in terpreted the law as a conspiracy of the company to control th e i r employees. Their leaders complained to the Western News tha t the Donohue b i l l ". . . was dictated from No. 26 Broadway, New York, a t the behest of the head o f f i c i a l s of the Anaconda Copper Mining Company.1 The provisions of the law, they believed, were an employer's weapon to subjugate and punish the House Journal . . . 1911, HB 220, pp. 235, 805. 50 workingmen. Max McCusker, the League's secretary, defined the law as special c lass leg is la t ion : . . . law abiding c i t izens of the s ta te who pay the taxes and don't need m il i ta ry protection must pay a tax to protect Amalgamated Copper tha t never kept a law i t could break or paid a cent of taxes i t could evade.32 As noted e a r l i e r , a t i t s organizational meeting the League agreed to help the unions secure referendum pet i t ion signatures on the m il i ta ry law.. President Romney rose . to the occasion with a sa t i r i ca l report tha t Montana was aspiring to become a "new world power": Among the new mil i ta ry powers tha t loom upon the world horizon and must be reckoned with in future international re la t ions is our own home s ta te of Montana. With mil i ta ry laws as exacting as those of Germany and Russia she aspires to a place in the galaxy of world powers. Using the old t a c t i c of argumentum ad horrendum, the Western News reasoned tha t with a l l the men in the m i l i t i a and a l l the women in the Red Cross, there would be no one l e f t to carry on the normal business of earning a l iv ing . There would be no production or incomes to support the m i l i t i a . In short , Montana and her c i t izens would soon be 33bankrupt. Reviewing the s i tua t ion more seriously, Romney recalled tha t the miners'and smeltermens' contracts with Anaconda expired the ^ "Union Men Don't Like State Mil i t ia B i l l , " Kalispell Bee, April 11, 1911, p. I ; "Militia Law Tyrannical Say State Labor Unions," Western News, June 16, 1911, pp. I , 4. ^"Montana, New World Power," Western News, June 20, 1911 p. 2. 51 following year. I f trouble arose in reaching a new agreement and the company could secure the m i l i t ia to suppress opposition, i t would have ' the upper hand in contract de libera t ions . Up to th is time Montana had managed to escape the industr ia l violence tha t f lared elsewhere. Yet, fearing tha t the du t -o f -s ta te company owners were se t t ing the scene to " s ta r t something," Romney conjured up memories of the bloody labor s t r i f e a t Cripple Creek, j e l l u r id e , and Coeur d' Alene.3^ . The Montana State Federation, of Labor began c ircula t ing p e t i ­ t ions for. the referendum on the Donohue mil i ta ry law to prevent.any such company power play. Two months l a t e r the. unions joined the League and the People's Power League carr ied pe t i t ions for the referendum also. The union men drew no obvious opposition to the i r e f fo r t s . Most news- . papers, gave the pe t i t ioners the i r support, or a t l eas t benevolent neu tra l i ty . Romney held the idea th a t , " I t cer tain ly will do no harm to. have i t voted upon, if. the people approve the law, they can so declare by th e i r votes; i f they do not want i t in the s ta tu tes they can nu l l i fy i t . " The value of a referendum on the mil i ta ry law, as he saw i t , was 52 to make the public aware of i t s existence, allowing i t s "merits and demerits" to be a i r e d .^ ' Although the People's Power League joined the referendum move­ ment l a t e , i t had the necessary representation of volunteers in every county to secure pe t i t ion signatures. The League's espousal of the referendum proved more than ju s t a half-hearted e f fo r t to gain labor 's support for the i n i t i a t i v e campaign. League President Romney presented the f i r s t pe t i t ions to the secretary of s ta te for t h i s , Montana's f i r s t referendum. On June.30, only three weeks a f t e r the o f f ic ia l organi­ zation of the League, the Western News edi tor punned tha t Ravalli County f i red the " . . . opening gun against [the] mil i ta ry law . . ." The Ravalli pe t i t ions delivered to Helena contained 500 signatures, or nearly 50 percent of the country's regis tered voters. In less than three months the League completed the peti t ion dr ive, assuring the s t a t e ' s f i r s t referendum on the ba l lo t of 1912. The union men of 1911 placed great importance on the referendum of a law they believed threatened th e i r rela t ionship with the company. In "Union Men Don't Like State Mil i t ia B i l l , " Kalispell Bee, April 11, 1911, p. I ; "The Referendum--Why Not?" Western News, June 13, 1911, p. 2; see also "Montana New World Power," River Press , August 9, 1911, p.. 4; "Referendum Mil i t ia Law," September 6, 1911, p. I ; "To Invoke Referendum on the Mil itary Law," Republican Picket , April 27, 1911, p. I . .^"Opening Gun Against Mil itary Law . . . ," Western News, June 30, 1911, p. I . 53 Montana's po l i t ica l history the event is noteworthy in tha t the 1906 law providing for referendum was f in a l ly put to use. . For quite sometime Montanans had complained about corporate power and the Anaconda control of the l eg is la tu re . In the election of 1906 the voters passed a constitut ional amendment providing for the i n i t i a t i v e and referendum as a means of combating corporate dominance. The I & R was a public issue since the Populist days of 1892. Yet the value of the amendment remained to be tes ted . I t was one thing to complain of corporate power and quite another to do something about i t The company agents and party bosses may have passed off the People's Power League as but a rumble in the distance. But the placing of a referendum in the general elect ion of 1912, the f i r s t real exercise of OO the power of the people through the I & R, could not be ignored. 37"Referendum to be Tried for the F i r s t Time in the History of Montana," Helena Independent, September 5, 1911, p. 5; "Referendum Papers Filed With Secretary," Kalispell Bee, September 5, 1911, p. 5. 38Laws, Resolutions and Memorials . . . 1907, . pp. 116-125; House Journal of the Third Session of the Legislative Assembly of the State of Montana 1893 (Butte City: Intermountain Publishing Co., 1893), pp. 201. 216, 308. CHAPTER I I I DELAYS, TRIALS, FRUSTRATIONS Securing pe t i t ion signatures for a referendum on the Donohue Military Law tested the eff iciency of the People's Power League's state-wide organization. Within a short time Romney prepared and printed the pe t i t ion forms for the i n i t i a t i v e measures. The League's press representa t ives gave public i ty to the pet i t ion drive and prepared the voters to face the issue in the 1912 election. But the peti t ions were not circula ted immediately. . The League leaders postponed th e i r campaign when Governor Edwin Norris proposed a special session of the leg is la tu re to deal only with a primary law. In preparation for the session the governor appointed a special committee to draw up an appropriate primary b i l l to submit to the assembly. The six man committee was composed of three senators and three representatives who equally represented both major part ies . The governor thought tha t i f th is b i-par t isan group could decide on a 2 primary b i l l opposition to i t from the leg is la tu re would be unlikely. This special committee met in Helena on June 5, 1911, one week before the League organized in Deer Lodge. The committeemen agreed to 12 1 Interview: Miles Romney, J r . , May 2, 1975. 2"Norris Wants Primary B i l l , " Helena Independent, March 4, 1911, p. 3; "To Put the Primary Election. Question Directly to Lawmakers.," Montana Lookout, May 2 0 , .1911, p. I. •55 a b i l l modeled on the Oregon primary plan. According to the governor's instruct ions they mailed copies of the proposed primary to each member of the leg is la tu re . The governor requested each member to submit in writing his approval of th is b i l l . Norris announced tha t he would call the special session only i f a majority of the leg is la to rs responded 3favorably. Once the committee completed i t s work and presented the primary b i l l to the governor and leg i s la t ive members, the s t a t e ' s t rad i t iona l ly pro-primary newspaper editors divided over the idea of the special session and the b i l l ' s provisions. The Missoulian approved of the governor's use of the committee as the quickest method of dealing with the assembly. Senator Joseph M. Dixon, who would be up for re-election in 1913 and stood a be t te r chance of retaining his seat through a primary nomination, opt imis t ica l ly reported that : Governor Norris has the grea tes t opportunity of his. l i f e to follow in Woodrow Wilson's steps and convene the l eg is la tu re , thus putting the question of d i rec t elect ions squarely up to the leg is la tu re so tha t the people would know who is and who is not responsible for the defeat of the measure. The cost is a mere bagatel le compared with the tremendous public good tha t would follow.4 *4 ^.Governor's Roll Call of the Legislature," Montana Lookout, May 20, 1911, p. 4, Murphy credi ts Sam Gordon and the Miles City Daily Journal with the idea for a special session; "Primary Election LawTn Rocky Mountain Husbandman, June 29, 1911, p. I ; E d i to r i a l , Montana Lookout, May 20, 1911, p. I . 4 ■ . "Favors Direct Primary," Missoulian as in River Press, April 19, 1911, p. 2. 56 William K. Harber, League member and editor of the River Press , favored the special session pa r t icu la r ly since he preferred, the "closed" primary of the Oregon law. Harber believed tha t the closed primary would best keep party organizations in tac t . His main concern was that quibbling over the open and closed system would lead to the defeat of any primary. Another League member Robert N. Sutherl in of the Rocky Mountain Husbandman a t f i r s t complained of the cost of an extra session, but l a t e r decided the money would be spent wisely i f primaries could be C held prior to the 1912 general e lection. Without committing himself to a stand on the special primary b i l l ed i tor Jerre Murphy noted tha t the governor stretched his exec­ utive prerogative a b i t by forcing a commitment from the . leg is la to rs before the session assembled. Murphy also f e l t tha t any measure pre­ pared without the part ic ipa t ion of leg is la to rs from the four most populous counties would not receive enough support to pass .6 Always in opposition to any measure labeled progressive, Thomas E. Butler, editor of the Republican Picket , claimed to believe in the idea of d i rec t e lect ion , but did not approve of any Such laws in existence. Butler saw no . . crying demand for an extra 6llTricky Po l i t ic ians ," River Press , July 12, 1911, p. 4; Ed ito r ia l , Rocky Mountain Husbandman, June 29, 1911, p. 2. . 6 - "Governor's Roll Call of the Legislature," Montana Lookout, May 20, 1911, p. 4. 57 sess ion," and could not ju s t i f y what he estimated to be a cost of $50,000 to $60,000 for a law unfavorable to . . small communities. Other newspaper editors opposed the committee's b i l l because of i t s closed primary provisions. S. M. Roberts and 0. S. Wood of Butte 's Tribune Review echoed the opinion of the Missoula Sentinel tha t the special session would only provide a "bad law for Montana." As sympathizers of the working men, the editors disl iked the provisions O for declaring party membership. But Fred Whiteside, editor of the Kalispell Bee, insis ted tha t the d is t inc t ion between open and closed primaries was a more deeply s ign i f ican t one than most people real ized. In addition to the objec­ tionable recording of party preference, the closed primary proposed by the committee would s t i l l be subject to the 1901 party law that deprived the voters of freedom of choice. As mentioned e a r l i e r , under th is 1901 law a voter could receive only his par ty 's ba l lo t . Thus he was denied the r igh t to se lec t a candidate from another party. If the voter did not se lec t those candidates favored by party leaders his loyalty could be questioned, subjecting him to possible f ine and impris­ onment. And f in a l ly , in the general elect ion the voter was bound by oath to vote for the majority of the candidates representing his chosen = \ 7llGo Slow on Primary Law," Republican Picket , June I , .1911, p.4. 8llBad Law For Montana," Tribune Review, July 8, 1911, p. 4. 58 party. The closed system therefore effect ively, denied each voter freedom of choice in both primary and general e lect ions .^ Miles Romney based his resistence to what he termed "Norris' primary bluff" on his mistaken in te rpre ta t ion of the I & R const i­ tutional amendment. Apprehensive tha t any law passed in a special session would be repealed, Romney ins is ted tha t the people must by. i n i t i a t i v e make the law themselves. "Any law enacted by the people through the medium of the i n i t i a t i v e and referendum can be repealed only by a vote of the people. The governor cannot veto such a law nor can the leg is la tu re repeal i t . I t s t i ck s . " Romney was mistaken. Unlike a constitut ional amendment, the leg is la tu re can amend or repeal ] Q an in i t i a t ed law without a public referendum. Underlying Romney's mis trust of the leg is la tu re and Norris' intent ions was probably a fear tha t a special session primary law would steal the f i r e of the People's Power League and jeopardize the the success of the other proposed i n i t i a t i v e s . Depending as he did on "Favors Primary," Kalispell Bee, August I , 1911, p. 4. This t i t l e is not in tent iona l ly misleading. Whiteside surely was a champion of d irec t e lec t ion , i f not of the Governor's special session; Laws, Resolutions and Memorials of the State of Montana Passed by the Seventh Regular Session of the Legislative Assembly (Helena! State Publishing Company, 1901), p. 115. ^"The People Should Cinch I t , " Western News, April 4, 1911, p. 4; Revised Codes of Montana, 1907: Constitutions, e t c . . Poli t ical Code (Helena: State Publishing Co., 1908), p. •','Vi v Others were also confused as to the provisions for repealing or amending an i n i t i a ­ t ive measure. See "For Direct Primaries," River Press,October4,1911, p. 5. 59 the support of the trade unionists , Romney could not abandon the i r strong resentment toward the proposed closed primary. Rather than express such fee l ings , the League president shif ted to the offensive position and challenged Norris to . . follow up his profession of fa i th in the doctrine of the i n i t i a t i v e , referendum . . . by joining 11the People's Power League." When a majority of the l eg is la to rs refused to sign Norris' request to support his special committee's b i l l , Romney f e l t j u s t i f i e d in his posi tion. The proposed session hung in limbo for quite some time, as the governor refused to commit himself any fur ther . While Norris toured the East with other Western governors, Ka l ispel l 's Young Men's Republican League requested acting Governor William R. Allen to call the leg is la tu re into session to pass the b i l l . Allen refused on the grounds tha t the " . . . men haven't changed . . . " and would not 12pass the primary leg is la t ion . Senator Dixon was not willing to give up so eas i ly . In spi te of the lack of pledged support, he believed, " i f the governor will only exercise his lawful function and convene the Montana leg is la tu re and put the question squarely up to them, they will pass the b i l l in less than a week." Even a f t e r the People's Power League i n i t i a t i v e drive *I ^ E d i t o r i a l , Western News, September 19, 1911, p. 2. I ?"They Don't Want I t , " River Press , September 20, 1911, p. 3; "Will Not Call Extra Session," December 13, 1911, p. 5; "Allen Refuses to Call Extra Session," Western News, December 12, 1911, p. I. 60 was underway, Dixon t r ie d desperately to get a special session. By April of 1912 he also wished to have a presidentia l preference bi l l added to the special assembly's duties to insure Montana's support for Roosevelt on the Republican t icke t . This would be the only means of counteracting the old guard Republican support for Taft. Dixon's term in the senate would expire in March of 1913. Having lo s t the confidence of the conservative party leaders through his progressive a c t iv i ty in Washington, he knew he could never reta in his seat unless the people had the opportunity to nominate him. Only a special session and primary elect ion in 1912 could preserve his po l i t ica l fu ture , as the i n i t i a t i v e b i l l could not provide for a senatorial primary until 1916. But, Norris , who also eyed the senate sea t , refused to act . Finally , on July 20, 1912, the time l imit 13imposed by the governor for the special session expired. Meanwhile, by September of 1911, i t was obvious to the leaders of the League tha t Governor Norris' special primary session would never materia l ize . Rather than postpone any longer they decided to make th e i r opening move to secure signatures for th e i r four i n i t i a t i v e I I 3"For Popular Government," River Press , December 6, 1911, p. 2; "Want Special Session to Pass Primary," Western News, April 12, 1912; "The People Will Rule," July 23, 1912, p. 2; Jules A, Karlin, Joseph M. Dixon Of Montana: Part I : Senator and Bull Moose Manager.1867-1917 (Missoula: University of Montana Publications in History, 1974), pp. 117-118. 61 measures. Just as the League began i t s drive for pe t i t ion signatures a th rea t to the whole process of d i rec t leg is la t ion developed from outside the s ta te . W. K. Harber called a t tent ion to events in Oregon tha t might defeat the League's e f fo r ts by s t r ik ing down the I & R in every s ta te tha t had adopted i t . ^ The question of the cons t i tu t iona l i ty of the I & R was the basis of a su i t before the U. S. Supreme Court between the Pacific States Telephone and Telegraph Company and the State of Oregon. The people of Oregon, through the i n i t i a t i v e powers of th e i r constitution had imposed a tax of 2 percent on the gross earnings of the telegraph and telephone companies. For four years the company refused to pay the tax. The State won i t s su i t against the Pacific States T & T in the Oregon Supreme Court. The Pacif ic States T & T then appealed to the U. S. Supreme Court on the grounds tha t the I & R law under which i t was taxed was unconst itut ional . T & T attorneys argued tha t other companies were taxed by the leg is la tu re a f t e r hearings, while only the T & T was taxed by the people, thus denying i t "equal protection of the law.1 ^ The case drew the a t tent ion of many champions of the I & R. 14 14" In i t i a t iv e Petit ions Placed in Circulation Yesterday," Western News, September 5, 1911, p. I ; "Will Test Oregon Laws," River Press, September 27, 1911, p. I . •I r bllAssault is Begun on Reform Laws," Western News, October 6, 1911, p. I . ' 62 California , Washington, Colorado, Nebraska, South Dakota, Arkansas and Missouri sent lawyers to help defend the State o f Oregon by fighting for the exercise of sovereignity by the people .". Romney ad­ monished tha t Montana, too, should stand with her s i s t e r s ta tes in . th is great legal ba t t le for popular r igh ts . " Although Montana sent no representatives to Washington, the s t a t e ' s newspaper editors played the same roles of defenders arid assa i lan ts as i f they had been fighting th is important legal ba t t le themselvesJ 6 The Supreme Court decided tha t the question was not j u d i c i a l , tha t only Congress could oppose the measure, and ordered PST & T to pay i t s taxes. PST & T!s fa i lu re to destroy the I & R was reason for celebration i t s e l f . I ronica l ly , the actual t r i a l added to the League's program by providing much public i ty on the issue of d i rec t leg is la t ion , and, in the long run, aided the League's drive to secure pe t i t ion s ig ­ n a tu r e s . ^ While the Supreme Court was hearing the PST & T case s t i l l another legal problem threatened to f ru s t r a te the League's e f fo r ts . "Assault is Begun on Reform Laws," Western News, October 6, 1911, p. I ; " In i t i a t iv e and Referendum Before Supreme Court," November 10, 1911, p. 2; "Why I s n ' t Montana Represented?" Western News, November 14, 1911, p. 4; "People's Power League Active," Republican Picket , Sep­ tember 28, 1911, p. 2; "The Way the People Do Things In Oregon," Western News, January 6, 1912, p. 3. ^ " I n i t i a t i v e and Referendum Not a Judicial Problem." Western News, February 20, 19T2, p. I ; "Voters May I n i t i a t e LegislatioriTn ^ River Press, February 28, 1912, p. I . 63 The 12th Assembly had passed a b i l l . . providing for the reg is ­ t ra t ion of e lec to rs ." This new reg is t ra t ion law required voters to r eg is te r with the county clerk and recorder, rather than the regis try agents as in the past. The law possibly was a covert attempt to r e s t r i c t the po l i t ica l involvement of a mobile voting population within the working c lass . Though seemingly innocent in nature the law proved IRto be a tremendous obstacle to the League. The River Press amusingly reported the measure as extremely exacting, requiring: . . . name, age, occupation, height, weight, na t iv i ty , naturalized (when and where), residence ( s t ree t and number of section and township), post o f f ice , length of time in s t a t e , county, or c i ty , school d i s t r i c t or ward, and physical d i s a b i l i t i e s . I f a l l these questions could not be answered, one could not reg is te r . Most property owners were aware of the section and township l ines , but tenants of the working class who did not own property and moved 19often were not so informed, and had trouble regis ter ing. At f i r s t the Ekalaka Eagle lauded the act as a favor to farmers, allowing them to r eg i s te r " . . . nearly anytime of the year ." The I I O "Senate Journal of the Twelfth Session of the Legislative Assembly of the State of Montana 1911 (Helena: Independent Publishing Company, 1911), SB68, pp. 124, 318, 650; "New Registration Law Impor­ tan t to Voters," Si lver S ta te , May 24, 1911, p. I. ^"New Registration Law," River Press , April 12, 1911, p. 4. 64 editor expected the law to increase voter part ic ipa tion in rural counties from 10 to 20 percent. But by autumn the Eagle's praise turned to panic. By some quirk of fa te the wrong forms were sent to Custer County, and a l l r eg is t ra t ion prior to September 14 was declared void. As pe t i t ion signatures for the People's Power League in i t ia t ives had to be c e r t i f i ed as those of correct ly registered voters, the i n i t i a t i v e drive in Custer County had to s t a r t a l l over again. The Eagle not if ied c i t izens to return to the clerk and recorder to complete the correct forms. Registration continued, but as such a slow pace tha t the edi tor pleaded with his readers to get t h e i r names recorded. He even went so far as to request tha t people ask th e i r neighbors and businessmen th e i r customers to report to the clerk and recorder 's o f f i c e .20 Custer was not the only county having problems gett ing voters regis tered under the terms of the new law. Late in October only 10 percent of Raval l i ' s voters were on the books. The s i tua t ion was so c r i t i c a l in Cascade by January of 1912 th a t W, K. Harber published one of his rare bi t ing ed i to r ia l s en t i t led the "Duty of Citizenship'.1: I f you don 't get your name on the big book, you are to a l l in tents and purposes.of no more account in the general mixup than Hong Lee, the Chinese r a t catcher, who pi les up *2 "Another Good Bill Passes," Ekalaka Eagle, March 3, 1911, p. I ; "Notice to Electors," September-15, 1911,. p. I ; repeated September 22, 1911, p . I ; "Registration Slow," September 22, 1911, p. I ; "Voters Regis ter!" November 24, 1911, p. I . 65 his trade on the far away banks of the Yang Tse Klang. And tha t is the t ru th . ; . . The man who looks bored and t e l l s you with a yawn that " I don 't care to vote because po l i t i c s are so wrotten don't you know," is a greater enemy to the country than the biggest po l i t ica l g ra f te r who ever grabbed—for his negligence brings the g ra f te r into being and for his c ivic rottenness he has po l i t i c s beaten a Mormon block. . . . The outlook for reg is t ra t ion is ra ther discouraging, and will mean a short vote next e lec t ion , a showing of decreasing population which will hardly be good advert ising for Montana— not to mention the elect ion of o f f i c i a l s without the full expression of the people. . . . Regardless of p o l i t i c s , i t is every man's duty to reg is te r , and the duty of every other man to see tha t he does. Help along good government by taking your neighbor by the scruff of the neck, i f he be small enough, and leading him to the reg is t ra t ion o ff ice . S ta r t a debating club upon the. subject , and whenever a man sneers a t the reg is t ra t ion suggestion ju s t mark him down on your book as a c i t izen who needs watching, or, i f he doesn 't need watching, he needs treatment.21 Naturally the problem of gett ing voters regis tered adversely affected the Leagues i n i t i a t i v e campaign. The I & R law required tha t only regis tered voters sign pe t i t ions . Thus the new reg is t ra t ion law necessitated two campaigns, one to get the voters reg is te red , and another to get the pe t i t ions signed. In sp i te of the League's untir ing e f fo r t , the I n i t i a t iv e Files in the Office of the Secretary of State pi "Questions Asked When You Register ," Western News, October •24, 1911, p. I ; "Duty of Citizenship," River Press , January 10, 1912, p. 4. In th is lengthy e d i to r ia l , quoted in pa r t , Harber t r ied to reach every segment of Montana's society: the wage earners who f e l t threatened by Chinese immigrants; the businessmen who depended upon increased population.to ra ise p ro f i t s ; the farmer who was considered to be the backbone of democracy; and the average middle c lass c i t izen , the "mainstree ters ." 66 show tha t many of the signatures were re jected, often en t i re pe t i t ions , pp on the grounds tha t the signers had not properly regis tered. Even though the regis tra tion, law appeared to carry a joker in the dea l , i t was not d i rec t ly designed to thwart the progress of the League. The League did not form until a f t e r the law took effect . However, i t may have been spurred by the demand for d i rec t leg is la t ion to reform the po l i t ica l process, a concern much older than the League i t s e l f . The d i f f i cu l ty faced by the urban laborers in the reg is tra t ion process suggests a possible attempt to f ru s t r a te union use of the I & R. I f that, is what some leg is la to rs who voted for the law had in mind, the union leaders c lear ly surmounted the obstacle and became the backbone of the People's Power League's i n i t i a t i v e campaign. By the time the 1912 elect ion rolled around apparently most of the dut iful c i t izens managed to get th e i r names on the great book, as the number of electors, increased considerably over the previous election 23returns. ------------ i ---------------^Secretary of S ta te , I n i t i a t iv e F i les , 1912, Of Custer County's 285 pe t i t ione rs , only 178 names were acceptable. ^ E l l i s L. Waldron, Montana Po l i t ic s Since 1864: An Atlas of Elections (Missoula: Montana State University Press, 1958), pp. 122, 130, 138. CHAPTER IV THE CAMPAIGN AND ELECTION OF 1912 The People's Power League stood in readiness for i t s i n i t i a t i v e campaign during the summer of 1911. Romney delayed action until i t was obvious th a t . th e governor's special primary session would come, to naught. The League then began according to plan. The day selected to begin the pe t i t ion campaign turned out to be ideal. P rac t ica l Iy every town with a sizable wage earning popula­ tion in the s ta te held a special Labor Day celebration. As c i t izens began gathering on September 4th for the big event the Leaguers s o l i ­ c ited signatures from them. In addition to the usual parades, games, races, picnics , music and dancing, the f e s t i v i t i e s included an orator of the day. Some of these speakers took advantage of the opportunity to speak on the i n i t i a t i v e and referendum, the League, and the four i n i t i a t i v e measures. The League's i n i t i a l success was phenomenal. Within four days the Western News reported tha t although Ravalli County had secured more than i t s quota of supporters , the campaign was continuing. Miles Romney had numerous l ieutenants: pe t i t ions were to be found at such places as the Western News Office, W. B. McLaughlin's cigar store in I I "Labor Day Celebration Program is a Good One," Republican. P icket , August 24, 1911, p. I ; " In i t i a t iv e Petit ions Placed in Circu­ la t ion Yesterday," Western News, September 5, 1911, p. I. Hamilton, and Appolonio & Matter 's s tore in Victor. In Stevensville former l eg i s la to r George W. Johnson carried peti t ions house to house, p while Thomas Kane worked the Corvallis area. The f i r s t pe ti t ions c e r t i f i ed by the Ravalli County clerk and recorder were delivered to Secretary of State T. NI. Swindlehurst on September 1.2, 1911. League President Romney confidently announced that the campaign would be over by the f i r s t of October. In most counties other newspapers joined in the advertising as to where voters could find the pe t i t ions and a ff ix th e i r signatures. News off ices seemed to be the most prominent places where the peti t ions were located, such as the Bozeman Chronicle, the River Press, the Havre Promoter, the Rocky Mountain Husbandman, and others. The Silver Bow Trades and Labor Council appointed a special committee from the Butte unions to carry pe t i t ions among fr iends , neighbors, and fellow workers^ Ravalli County's success was more than matched by the effor ts of Attorney Theodore Lentz in Missoula County. By the 5th of October he f i led nearly twice the requis i te number of signatures to qualify his *34 68 9 "Ravalli County Has Quota," Western News, September 8, 1911, p. 4; " In i t i a t iv e Pet i t ions of Victor and Stevensvil le," September 22, 1911, p. 4; "ProgressivesFile More Pe t i t ions ," February 6, 1912, p. I. 3 "Petit ions are Sent to Helena," Western News, September 12, 1911, p. 2. 4"For Direct Primaries," River Press, October 4, 1911, p. 5; "The People Will Do I t , " Havre Promoter, as in Western News, October 6, 1911, p. 4; "Oregon Primary Now is Insured," Western News., October 24, 1911, p. I ; "Organized Labor is Working for Law/' September 12, 1911, . p. I . 69 county, and continued to gather even more. Lentz a t t r ibu ted th is achievement to the fac t that : The powerful influences tha t have dominated Montana po l i t i c s so long have succeeded in keeping th is s ta te in the rotten borough c lass . After the fa i lu re of the l a s t l eg i s ­ la tu re to f u l f i l l i t s pledges in th is . regard the people came to rea l ize tha t i t was useless fo l ly to longer enter ta in a r hope of r e l i e f through the regular law making channels . . . By the 24th of October, two f i f t h s of the counties as required by law had qualif ied with peti t ions to the secretary of s t a te , but the tota l of 8 percent of the s t a t e ' s voters had not been at tained. The League pushed on op t im is t ica l ly ; members acquired more signatures, never l e t t ing up the momentum of the campaign. Even nationally prom­ inent progressives followed the League's e f fo r ts in Montana. News­ papers favorable to the League published encouraging l e t t e r s from such standard bearers of po l i t ica l reform as Senator Robert M. LaFollette of Wisconsin, Senator Jonathan Bourne of Oregon, and the founder of the the f i r s t People's Power League, William S. U1Ren of Oregon.® The campaign received a fur ther boost when the Missoula "Neighborhood Clubs" chose the. i n i t i a t i v e s as the i r topic of discussion * C "Missoula Petit ions for Primary Laws F i led ." Western News, October 6, 1911, p. 4. . ^"Oregon Primary is Now Insured," Western News, October 24, 1911, p. I ; "Written Exclusively for the People's Power League of Montana," September 8, 1911, p. 4; "Senator Bourne Praises People's Power League," October 17, 1911, p. 4; " ' I &.R' Primary Measures Are. Now Up to Voters," Western News, April 26, 1912, p. I . U1Ren also, aided Romney in organizational matters. 70 1 Theodore Lentz explained to the club members why the.open primary was necessary to. complement the Australian ba l lo t . Others who spoke on the po l i t ica l reform of the in i t i a t i v e s included University Professor Joseph A. Underwood, Attorney Roberts, Attorney W. F. Wayne and Senator Joseph M. Dixon. Dixon lauded the progressive measures in i t i a t ed by the League, but unlike the other speakers, he did not d i rec t ly endorse the People's Power League. The Senator may have had some reservations about the organization. In Romney's rendit ion of the meeting he credited Dixon with the following remarks: . . . A republic of th is size must preserve i t s po l i t ica l par t ies and not allow i t s e l f to become divided into unstable groups. The possible elimination of po l i t ica l part ies . . . [is] the only danger tha t presents i t s e l f in the New Propa­ ganda7 7 "People's Power League Movement Discussed by Neighborhood Club," Western News, November 17, 1911, pp. I , 7; Jules A. Karlin, Joseph M. Dixon of Montana: Part I: Senator and Bull Moose Manager 1867-1917 (Missoula: University of Montana Publications in History, 1974), p. 130. Karlin mistakenly credits ' Dixon with directing the i n i t i a t i v e drive, and does not mention Romney or the League. Actually, Dixon's a t t i tude toward the League seemed ambiguous. His Missoulian argued for the i n i t i a t i v e s , reported on the League's progress, and often quoted a r t i c l e s and ed i to r ia l s from Romney's Western News. Yet he remained unaff i l ia ted 'w ith the League, perhaps because i t was out­ side of his control and threatened to have an adverse e f fec t on his own power. He did, however, need the support of i t s Democrat and liberal Republican members. The a t t i tude expressed in his Neighborhood Club speech was e i the r less than genuine, or , perhaps ah opinion he changed when he associated himself with the Non-Partisan Direct Legislation League, to be discussed l a t e r . I 71 Because the League's membership represented a cross-section of po l i t ica l a f f i l i a t i o n , i t seemed to threaten the strength of party so l ida r i ty . This th rea t , however, was i l lusory . The League had no desire to shake i t s members' party loyal ty or to run i t s own s la te of candidates for any e lect ion. I ts goal was to serve people of all pa r t ies by passing leg is la t ion tha t the assembly had repeatedly refused to pass. I t took longer than Romney had anticipated to secure enough peti t ions to place the in i t i a t i v e s on the November ba l lo t . Obtaining signatures was not pa r t icu la r ly d i f f i c u l t , but getting the signatures c e r t i f i ed and counted proved otherwise. Many persons who signed the pe t i t ions fa i led to r eg i s te r under the new law, and th e i r signatures . were thrown out by the county c lerks. In Custer County, where the wrong reg is t ra t ion forms had been used, the clerk validated only 178 of the 285 names. In Yellowstone County only 262 of more than 300 signa- 8tures were veri f ied . An en t i re ly d i f fe ren t problem arose in Jefferson County. Committeeman James A. Jergenson so l ic i ted 130 names, a l l of which were c e r t i f i ed by the clerk and recorder, who promptly mailed them to Helena. After nearly two months Romney discovered tha t the secretary ^"Custer County Files Pe t i t i on s ," Western News, October 24, 1911, p. I ; "Yellowstone Files Pe t i t ions ," November 17, 1911, p. I . / ■7 2 . of s ta te had never received them. Jergenson had to conduct his entire , campaign again .^ Another problem of lesser importance arose due to the sub­ dividing of counties. According to the I & R law, quotas for p e t i ­ tioning counties were based on the voter turnout in. the l a s t guberna­ to r ia l e lec t ion , which in th is case was in 1908. Four new counties had been created since tha t e lect ion , and they did not f igure into the pe t i t ion campaign a t a l l . This placed a pa r t icu la r hardship.of Chouteau County which was cut to one th i rd i t s former s ize , yet required to f i l e 8 percent of the 1908 elect ion returns to qualify. W. K. Harber had to work extra hard to get the exceptionally high requirements in signatures. Hill County, which was formerly a part of Chouteau, t r ied to cooperate by sending 100 peti t ions to Helena. The secretary of s ta te rejected them as Hill had no previous voting record. Lincoln, also a new county, t r ied unsuccessfully to get t h e i r petitions accepted. Despite the problem faced by a l l the older counties that lo s t t e r r i t o r y , only Meagher was unable to qualify with 8 percent of 10i t s voters signatures. Q "What Has Become of the Jefferson County Primary Petitions?" Western News, January 12, 1912, p. I ; I n i t i a t iv e F i les , 1912. ^Cha r t , Western News, April 16, 1912, p. I ; I n i t i a t i v e F i les , ; 1912. Carbon County's pe ti t ions were not counted as they arrived too la te . Romney complained of s ta l l ing on the part of the clerk and recorder. 73 In the following, ed i to r ia l Romney expressed concern over the many problems with which the People's Power League had to contend: Whenever afforded an opportunity the voters are eager to sign the pe t i t ions . And yet pe rs i s ten t , implacable opposition has been f e l t . A powerful and s i n i s t e r , a lb e i t unseen, influence has sought to par­ alyze the movement from s t a r t to f in ish . Even committeemen who were enthusiast ic for the movement in the beginning were suddenly benumbed with apathy. In instances voters have been openly dis- uaded from signing and have professed fear of the consequences; county clerks whose duty i t is to compare the pe t i t ions with the reg is t ra t ion books and ce r t i fy the same to the secretary of s ta te have sought to procrast inate and have proved extraordinarily c r i t ­ ical in making th is comparison. In Butte, where the Socia l is t Pariy is strong and where agents of the Amalgamated Copper Company's po­ l i t i c a l department are seeking to fasten themselves to the mach­ inery of the party , j u s t as has happened with the democratic and republican pa r t ie s , an extreme element has been arrayed against the movement. They would apply the "doctrine of misery" and force everybody to join the so c i a l i s t party in order to secure reforms. But a l l the powers and wiles of reaction represented by the entrenched corporate and po l i t ica l machines, will not a v a i l . ' ' And Romney was r igh t . In sp i te of a l l the obstacles the People's Power League campaign was successful. On April 24, 1912, the governor proclaimed tha t the four in i t i a t i v e s would be on the ba l lo t for the November e lect ion . All four measures received more than the minimum number (5,455) of signatures necessary for th e i r ac t iva t ion . Those in favor of the d i rec t primary, the most popular measure, to ta l led 6,048.1 2 11 "What Has Become of the Jefferson County Primary Petitions?" Western News, January 12, 1912, p. I . 12"I SR Primary Measures Are Now Up to Voters," Western News, April 26, 1912, p. I ; I n i t i a t iv e F i les . 1912. 74 Elated over the pe t i t ion campaign's success, Romney predicted tha t the measures would.soon become laws, an event tha t would be . . educational , and tend to elevate the i n te l l e c tu a l , p o l i t i c a l , and moral standards of the composite c it izenship o f the s ta te ." Urging voters to support the in i t i a t i v e s he believed would . . revolutionize the po l i t ica l s ta tus of the s t a te . " Romney expressed fa i th tha t the power of the company would come to an end: I t will be impossible for the agents of the great copper t r u s t who boast of employment of half the men in the s ta te , to coerce or buy a majority of the voters in any given county, or the s ta te as a whole, protected as they will be both in the primary and general elect ion by the Australian ba l lo t and a d ras t ic corrupt practices act . I f I sense the s i tuat ion a r igh t , the Montana public, while wishing these great corporations well in an industr ia l way, are determined tha t they shall no longer dominate po l i t ica l a f fa i r s . As the time for the general election drew near the People's Power League launched a th ird campaign to educate the voters to deal with th is new method of leg is la t ing . I t had been six years since the voters adopted the I & R s ta tue , and the s t a t e ' s population had grown considerably within tha t time. Many of the newer residents.were ignorant of th i s law tha t had never been used. As an example of the magnitude of the problem, the Tribune Review received an inquiry: "What are the referendum, i n i t i a t i v e , primary and recal l?" The Western News published an equally questioning l e t t e r to the editor & & R Primary Measures . . ." Western News,. April 26, 1912, p. I . 75 regarding the referendum on the Donohue Military Law passed by the 12th Assembly: "In voting against th is act do we vote for referendum measure No. 300 or against referendum measure No. 30T?" The ba l lo t admittedly was more than a l i t t l e confusing. In order for an e lec tor who signed peti t ions "for" the referendum to defeat the law, he would have to vote 14"against" the referendum once the measure was on the bal lo t . Especially helpful to the League's educational campaign were provisions within the I & R law i t s e l f . The secretary of s ta te had to mail each regis tered voter a copy of the en t i re tex t of the in i t i a t i v e and referendum measures on the ba l lo t . Equally important to the League, the law also provided tha t anyone could prepare su f f ic ien t copies explaining th e i r views on the measures to the public, and the secretary would mail these along with the tex t of the measures. The League took advantage of th is provision in order to reach a l l the voters of the s ta te . Romney drew up a persuasive analysis of the e f fec t of the po l i t ica l reforms, printed 80,000 copies on his press, and delivered them to the secretary of s ta te to be sent to the voters. The I & R also aided the League's public i ty campaign by requiring tha t the governor's proclamation of the i n i t i a t i v e and referendum election be ^ "L e t t e r s to the E d i t o r . Tribune Review, April 27, 1912, p. 4; "How to Vote on Mil i t ia Bill #220," Western News, October I , 1912, p. I. 76 fur ther publicized in one newspaper in every county once a week for 16four weeks a t the county's expense. Celebrating the f i r s t anniversary of the League, Secretary Max McCusker boasted tha t the "well defined program . . . " had been "carried out in every d e ta i l . " With the pe t i t ion campaign successfully closed and the information mailed to every voter , the League breathed a l i t t l e eas ier . Al I the work now behind them, the People's Power League had I C rather smooth sa i l ing for a change. Once the regular campaign got into full swing the League picked up additional support from part ies and candidates. Many of the candidates for e lect ive off ice spoke on the People's Power League in i t i a t i v e s during the course of th e i r public appearances. Most importantly, the Democratic State Convention endorsed the League and adopted the four i n i t i a t i v e s as part of i t s platform. In Helena the Progressive Republican or "Bull Moose" convention also endorsed the League and pledged i t s support to the I & R measures on the ballo t . The endorsement of Theodore Roosevelt, who attended the convention, 15 15Laws, Resolutions and Memorials of the State of Montana Passed a t the Tenth Regular Session of the Legislative Assembly, 1907 (Helena: State Publishing Company, 1907), p. 125; "Firs t Anniversary, of the League," Western News, June 14, 1912, p. I ; "Voters Will Make Laws," River Press , May I , 1912, p. 4. “"Firs t Anniversary of the League," Western News, June 14, 1912, p. I. 77 len t added support to the League from his personal admirers in various 17party c i rc le s . The Republican convention, which Romney accused of being com­ pany control led, experienced divisiveness on the issue of League support and especially concerning the matter of presidentia l preference. Dixon and his followers wished to nominate Roosevelt as the Republican candidate, but the conservative element controlling the convention refused to allow party members to express th e i r own choice. In addit ion, the conservatives voted.down a suggestion to adopt a platform supporting the People's Power League. As a r e su l t , a new sense of urgency for po l i t ica l reform, and especial ly reform of the presidentia l preference, emerged from the convention. Romney warned tha t in the next election ". . . the people will decide--not the con­ ventions." And Dixon severely c r i t ic iz ed the State Republican Com­ mittee for not permitting party members to decide which candidate to support a t the national convention.^ *I 17 "Walsh and Stewart the Nominees." Western News, August 30, 1912, p. I ; "The Bull Moose Name State Ticket," September 10, 1912, PP. 1-2. I O "Taft Men Name County T icke t , " Western News, September 3, 1912, p. I . Soc ia l i s t papers during the time of th is study are not . avai lable to determine th e i r platform or stand on the League; "The People Must Rule," River Press, March 13, 1912, p. 4; "Dixon Makes Pro­ t e s t , " March 27, 1912, p. I ; "Primary Bill in Congress," Western News, March 20, 1912, p. 4. Senator Albert B. Cummins of Iowa introduced a presidentia l primary b i l l to Congress to deal with the problem on a national level . Had his b i l l not been defeated, conventions would no longer play a role in nominating presidentia l candidates. 78 But Thomas E. Butler of the Republican Picket was well s a t i s ­ fied with the convention system of nominating candidates. In fac t , he fussed tha t the voters already had fa r too much to decide. Butler complained tha t aside from the usual task of elect ing s ta te and local o f f i c e r s , the voters had to nominate senatorial candidates as provided by the Everett Law of 1911. Adding to the chore, the e lectorate had to pass on four i n i t i a t i v e s , one referendum, and a bond issue for a s ta te asylum a t Warm Springs. Despite the long and complicated ballot on November 5, 1912, only one out of four voters refused to pass on the additional measures. P rac t ica l Iy 75 percent voiced th e i r opinions on League reforms. Voters repealed the Donohue Military Law by nearly a two th ird majority. The four, i n i t i a t i v e s received even greater support, or over three fourths in favor .^ The Great Falls Tribune applauded the elect ion resu l ts and credited the People's Power League with the victory. The editor expressed hope *15 ^"Voters to Have Much to Decide," Republican Picket , August 15, 1912, p. 2.; E l l is Waldron, An Atlas of Montana Po l i t ic s Since 1864 (Missoula: Montana State University Press, 1958), pp. 147-148. The vote on the Donohue Military b i l l was 41,749 against--21 ,195 for; d i rec t primary, 46,437 fo r—12,879 against ; senatorial preference, 45,620—12,442; presidentia l preference, 46,241—12,142; and corrupt p rac t ices , 44,337—13,645. 79 . . . tha t the Power League will continue in existence; and a f t e r the coming session of the leg is la tu re , should that body fa i l to carry out the democratic platform pledges in any way, through the league the questions should be passed up to the people for action two years from now.™ A general progressive atmosphere was especial ly evident in the s ta te leg i s la t iv e race. Seventy-five percent of the candidates f i led pledge #1 under the Everett b i l l , agreeing to e lect the senatorial candidate chosen by the people. Of those part ic ipa t ing in the contest , only one individual was elected who f i led pledge #2, refusing to honor 21the public decision. When the new leg is la tu re met the following January, i t unani­ mously elected Thomas J. Walsh, the people's choice, to succeed Joseph M. Dixon as U. S. Senator. The Everett Law or "fake primary" worked a f t e r a l l , and Walsh had the honor of being the only senator elected under i t s provisions. On December 13, 1912, the. Everett Law 22was repealed by the League's senatorial e lect ion law. on "Voters Enact Laws," Tribune, as in River Press, December 4, 1912, p. 2. ^ "People Will Name a U. S. Senator by Direct Vote," Western News, September 20, 1912, p. I. pp Waldron, p. 138; Senate Journal of the Thirteenth Session of the Legislative Assembly of the State of Montana 1913 (Helena: Inde­ pendent Publishing Co., 1913), pp. 63-64; House Journal of the Thir­ teenth Session of the Legislative Assembly of the State of Montana 1913 (Helena: Independent Publishing Co., ), pp. 67, 85-86. 80 Actually the League's senatorial preference law was never used. In May of 1912 Congress passed a resolution to amend the const itut ion to provide for popular elect ion of senators. Montana's T3th Assembly r a t i f i e d the amendment without a dissenting vote. On May 31, 1913, the Seventeenth Amendment to the Constitution replaced the League's i n i t i ­ ated law, as well as the laws of 28 other s ta tes with similar pro- 23visions for d i rec t nomination of senators. The fu lf i l lment of the f i r s t program of the People's Power League, though dependent on highly organized and e f f i c ien t volunteers, can be a t t r ibu ted to the non-partisan nature of i t s reforms. The issue was the reforming of the elect ion process to give the e lectorate a true choice of i t s representatives in s ta te and local government. Regardless of party a f f i l i a t i o n each individual sought a voice in the nominating of candidates before the general e lect ion. The impressive number of voters favoring reform c lear ly demonstrates wide-spread disdain for the d ic ta tes of machine po l i t ic ians and corporate influence under the old convention system. The passage of the po l i t ica l reforms also indicates . the magnitude of progressive voters within the State of Montana. ^"People Win Long Fight," Republican Picket , May 16, 1912, p. I ; House Journal . . . 1 9 1 3 , pp. 43, 169; Senate Journal . . . 1913, p. 205; 92nd Congress, 2nd Session, Senate Document 92-82. The Con- s t i tu t ion of the United.States: Analysis and In terpre ta t ion , Annota­ t ions of Cases Decided by the Supreme Court of the United States to June 29, 1972 (Washington, D. C.: U. S. Government Printing Office, 1973), pp. 34, 1565. CHAPTER V THE LEGISLATURE AND SOCIAL RESPONSIBILITY The election of 1912 resulted in a tremendous success for the People's Power League and demonstrated tha t Montana's i n i t i a t i v e and referendum law could be made to work. League leaders, however, did not give up th e i r fa i th in the normal l eg i s la t ive channels, nor did they l e t up on th e i r drive for reform. Yet the League did not see d i rec t leg is la t ion as a subs t i tu te for the normal leg i s la t iv e process. I t wanted the leg is la tu re i t s e l f to continue the reform movement that i t had begun. Even before the secretary of s ta te published the official e lect ion r e su l t s , League President Miles Romney called a special meeting to draw up leg is la t ion for workmen's compensation. The League would then present the b i l l to the 1913 leg is la tu re for i t s approval. When the League turned to workmen's compensation i t was s h i f t ­ ing i t s emphasis from po l i t ica l to social reform. This sh i f t in emphasis was typical of the progressive program. A contemporary student of society, Benjamin Parke DeWitt, outlined progressive goals as follows: The task o f the progressive movement in the s ta te is very plain and very de f in i te . I t must give to the people a real control over government a t a l l times: before election by d i rec t primaries, corrupt practices ac ts , . . , and an. e ffect ive reg is t ra t ion system; and a f te r elect ion by the ^"Labor Unions and People's Power League Will Submit a Measure," Western News, November 26, 1912, p. I. 82 i n i t i a t i v e , the referendum, and the r eca l l . I t must, then use the government, thus restored to the people, to prevent and rel ieve social and industria l d i s t res s : . . . when bones are broken and health is gone, to re l ieve d is t ress by placing upon the shoulders of society a part of the burden which the individual hi therto has borne.2 When volunteers f i r s t organized as the People's Power League in 1911, they agreed to sponsor a comprehensive workmen's compensation plan as soon as th e i r po l i t ica l reforms were accepted. For quite some time industr ia l accidents had been a serious problem with which working­ men had to contend. Worker's e ffor ts to deal with the s i tua t ion through 3the leg i s la t iv e process were of long standing. Tradi t ionally , the employer assumed no responsib i l i ty for industr ia l accidents. An injured employee's only recourse was to sue the employer in the courts , a t great expense to himself for lawyer fees, and to the public for court expenses, i f he hoped to get any redress a t a l l . When su i ts were brought against an employer.he re l ied on the customary defenses, such as contributory negligence, negligence of a fellow servant , and the doctrine of assumption of r i sks . Few cases were decided in favor of the employee. Originally , the workingmen believed the solution to the i r dilemma would be an employer's l i a b i l i t y law. L iab i l i ty , they thought, 23 2Benjamin. Parke DeWitt, The Progressive Movement ((c) 1915, Seatt le and London: University of Washington Press, 1968), p. 273. 3 - "People's Power League Behind Big Campaign," Western News, June 13, 1911, p. L 83 would negate the old common law defenses, making an employer res­ ponsible for all industr ia l accidents. Attempts to secure such leg i s ­ la t ion began in Montana as early as the 1893 leg is la tu re . After ten years of. putting i t o f f , the 1903 assembly passed the s t a t e ' s f i r s t 4employer's l i a b i l i t y law. But the 1903 law apparently brought l i t t l e redress of griev­ ances for the working man. Years l a t e r the Montana Lookout reported tha t : Three thousand miners have been killed and injured in the Butte mines within the past nine years and only three damage cases have been successfully prosecuted in tha t period because it. is almost impossible to secure a f a i r t r i a l in such cases in Si lver Bow County, such is the fear in which the public holds the Amalgamated Copper Combine.5 Correcting himself two weeks l a t e r , the editor reported that there actual ly had been four successful cases. :F. Augustus Heinze, *94 House Journal of the Third Session of the Legislative Assembly of the State of Montana 1893 (Butte City: Intermountain Publishing Co., 1893), pp. 118, 123; Senate Journal of the Fourth Session of the Legislative Assembly of the State of Montana 1895 (Helena: State Publishing Co., 18.95), pp. 28, 155; Senate Journal of the Fifth Session of the Legislative Assembly of the State of Montana 1897 (Helena: State Publishing Co., 1897), pp. 17, 36-37, 206; Senate Journal of the Eighth Regular and Extraordinary Sessions of the Legislative Assembly of tfie State of Montana 1903 (Helena: State Publishing Co., 1903), pp. 29, 91, 94, 215; Laws, Resolutions^and Memorials_of the State of Montana Passed a t the Eighth Regular and Extraordinary Sessions of the Legislative Assembly 1903 (Helena: State Publishing Co., 1903), pp. 156-157. ^"Combine Handicaps to Just ice in Butte," Montana Lookout, February 11, 1911, p. I . 84 the l a s t of the three Montana "copper kings" to hold out against Amalgamated, lo s t three cases with damages to ta l ing $25,600. An English controlled company los t one case for $15,000. The Amalgamated- C Anaconda Company reportedly never lo s t a su i t . For years labor had fa i led to coordinate i t s attempts to gain a sui table l i a b i l i t y law. Instead, each group of workers sought laws to cover i t s pa r t icu la r industry. This piece-meal approach to l i a b i l i t y could be due to a lack of strong leadership to unite the various groups, or possibly even to divide and conquer a t t i tude . Anaconda, for instance, would not be par t icu la r ly against a b i l l to aid coal workers, whereas a general law would bring opposition from all employers of labor. In fac t , in 1909 the coal company employees managed to get a permanent d i s ab i l i ty fund se t up by the leg is la tu re . 7Unfortunately, the law was declared unconst i tu t ional . * ^11Human Rights and Legal Wrongs in Butte," Montana Lookout., February 25, 1911, p. 2. ^House Journal of the Seventh Session of the Legislative Assembly of the State of Montana 1901 (Helena: State Publishing Co., 1901), HB36, pp. 26, 193, HB65, pp. 87, 242; Senate Journal of the Seventh Session of. the Legislative Assembly of the State of Montana 1901 (Helena: State Publishing Co., 1901), HB65, p. 136; Senate Journal . . . 1903, SB8.7, PP; 116, 196, 215; House Journal of the Ninth Regular Session of the Legislative Assembly of the State of Montana 1905 (Helena: State Publishing Co., 1905), HBl, pp. 9, 33; Laws, Resolutions and Memorials of the State of Montana Passed at the Ninth Regular Session of the Legislative Assembly 1905 (Helena: State Publishing Co., 1905), p. I ; House Journal of the Tenth Session of the Legislative Assembly of the State of Montana 1907 (Helena: State Publishing Co., 1907), H&348, pp. 326, 618; Senate Journal of 85 Congress also t r ied to break down the old common law of employer defenses through i t s in te r s ta te commerce powers. The courts threw out the f i r s t l i a b i l i t y law, but upheld the 1908 law early in 1912. "The decision," commented the Republican Picket , "marks an epoch in labor leg is la t ion . The old common law, hedging in the r ights of O employers, is displaced in several pa r t icu la rs . . . . " Within the s t a t e , however, the old common law remained unscathed. Various labor groups expected the 1911 assembly to deal with the unsatis factory s i tua t ion , but the two b i l l s introduced promised no aid. Anxious to s e t t l e the a f f a i r . Governor Norris appointed a committee of l eg is la to rs to study the s i tua t ion , to propose b i l l s defining l i a b i l i t y , and for the f i r s t time in Montana, to consider a. workmen's compensation a c t . ^ The governor's intervention spurred immediate opposition from the Eleventh Session of the Legislative Assembly of the State of Montana 1909 (Helena: Independent Publishing Co., 1909), SB54, pp. 90, 139; House Journal of the Twelfth Session of the Legislative Assembly of the State of Montana 1911 (Helena: Independent Publishing Co., 1911), HB375, p. 511, was an unsuccessful attempt to repeal SB5.6 of 1909. The law was declared unconstitutional according to: "Montana Workingmen Ask for Protect ion," Western News, December 13, 1912, p. 4. ^"Liabi l i ty Law Found Legal," Republican Picket , February I , 1912, p. 9. 9House Journal . . . 1911, HBl09, pp. 99, 524, HB365, pp. 491-492. 86 in - s ta te and absentee employers, who. threatened an economic shutdown i f any such leg is la t ion was approved. The leg is la tu re also opposed the governor's action. They refused to approve any of the committee's b i l l s , including one to appoint a study commission to prepare leg i s ­ la t ion to submit to the following assembly.^ Following the 1912 e lect ion , the People's Power League believed i t s successes showed a popular desire for reform which would break down, the conservative barr ie r to change. S t i l l , various union leaders realized the need for a consorted e f fo r t for industria l reform, and they knew the League contained the strength necessary for success. Cooperation began to emerge on November 26, 1912, when various labor leaders and League members met to draw up a workmen's compensation b i l l . The League then held a special meeting on December .10 to present the b i l l to i t s members. Delegates from every labor organization in the s ta te accepted the b i l l , and the League o f f i c i a l l y endorsed i t . Reporting the League's stand on compensation; Romney promised his readers tha t the leg is la t ion would: ^Governor 's Papers, Legislative Series , Box 5, folder S5, Telegram, F. H. Davis to Norris, February 15, 1911; Correspondence, Grant S. Erwin to Norris, February 14, 1911; House Journal . . . 1911, HB315, pp. 396, 729, HB316, pp. 396, 435, HB334, pp. 418-419; Senate" Journal of the Twelfth Session of the Legislative Assembly of the State of Montana 1911 (Helena: Independent Publishing Co., 1911), pp. 434-438. : ; ' 87 . . . furnish ce r ta in , prompt and reasonable compensation to the victims of work accidents and th e i r dependents, 80 per cent of whom have heretofore had no r igh t to redress under the common law rules . . . . f ree the courts from the delay, cost and cri t ic ism incident to the great mass of personal injury l i t i g a t i o n here­ tofore burdening them. . . . re l ieve public and private char i t ie s from much of the des t i tu t ion due to uncompensated industr ia l accidents. . . . eliminate economic wastes in the payment of unnecessary lawyers, witnesses and casualty corporations and the expense and time lo s t due to t r a i l s and appeals When c r i t i c s of the b i l l charged tha t i t would be unduly expensive, Romney responded tha t i t would cost less than the present system, because a l l the money payments would go to the workers rather than to defray lawyers' fees and insurance premiums. Romney also added tha t the money paid out to the workers would remain in the s ta te , as would the compensation funds, which could be invested in ". . . s ta te concerns instead of being drained out of the s ta te by premium remit­ tances to eastern f inancial centers ." And, f in a l ly , he pointed out tha t the system should reduce the accident ra te because the bi l l provided for "education in accident prevention" and "s ta te control of 12of s t a t i s t i c a l information" regarding accidents and compensation. When the 13th Assembly began Dennis Murphy, President of the Butte Miner's Union and representa t ive from Silver Bow County, *Si ^ "Labor Unions and People's Power League Will Submit a Meas­ ure." Western News, November 26, 1912, p. I. 12 Ib id . , "Workmen's Compensation Act." Western News, January Si 1913, p. 2. 88 introduced HBl. This was the b i l l drawn up by the People's Power League and labor leaders in la te November. I t specified safety regu­ la t ions and prescribed penalties for v iola t ions . I t l i s t e d accidents and the ra te of compensation to be paid for each d i sab i l i ty . I t created an Industr ial Insurance Department to enforce the law, and also withdrew compensation for the ju r isd ic t ion of the courts abolish- 13ing the common law employer defenses. Six other so-called compensation or l i a b i l i t y measures were also introduced, causing considerable confusion. Romney, attempting to keep his reading public informed, reminded them tha t the workers supported the Murphy b i l l . The other b i l l s , he claimed, were half­ hearted, "insurance measures," or merely a "schedule of ra te s , the employer to re ta in a l l the old-time defenses . . . legaliz ing the present barbarous system. The labor committee held a hearing on the seven b i l l s to determine which, i f any, should be enacted. The major union 134 13"Workmen's Compensation Act." Western. News, January 3, 1913, p. 2. House Journal o f . the Thirteenth Session of the Legislative Assembly of the State of Montana 1913 (Helena: Independent Publishing Co., 1913), HBl, p 22. 14House Journal . . . 1913, HBl34, p. 162, HB427, pp. 881, 907- 908; Senate Journal of the Thirteenth Session of the Legislative Assem- bly of the State of Montana 1913 (Helena: Independent Publishing Co., 1913), SB!2, p. 44, SB34, p. 67, SB!34, p.. 277, SB181, pp. 662, 649- 650. 89 representa t ives supported the Murphy b i l l , while W. B. Rodgers, lawyer, and C. F. Kelley, manager and chief council for ACM, opposed all but the most ins ign if ican t of the measures. The House passed the Murphy b i l l , while the Senate approved the Minor b i l l recommended by ACM. Both bodies refused to compromise and another session closed without a solution to the problem of industr ia l a c c id en t s .^ Although labor 's e f fo r ts to gain redress and compensation for industr ia l accidents had been f rus t ra ted for twenty years, the workers continued to press t h e i r cause, maintaining fa i th in the democratic process to achieve a solution. According to one h is to r ian , as early as 1901 the Montana State Trades and Labor Council believed tha t "po l i t ­ ical action was the only workable means of securing labor 's ends." Within the f i r s t decade of the 20th century a t leas t one small but vocal group, the Industr ial Workers of the World, sought extra legal means to rel ieve i t s d i s t r e s s . Yet in 1913.the majority of the workers s t i l l maintained the posit ion tha t leg is la t ion was the only acceptable method of dealing with th e i r problems.^ * "Workmen's Bill the Big Question," Western News, February 7, 1913, p. I ; "Compensation Hearing Ends Saturday," February 11, 1913, p. 4; "For Fair Compensation," February 25, 1913, p. 2; House Journal . . . 1913, HB411, pp. 607, 763; Senate Journal ,. . . 1913, SB!08, pp. 219, 474. ^Richard Brown RObder, "Montana In the Early Years of the Progressive Period," (unpublished Ph.D d is se r ta t ion . University of Pennsylvania, 1971), p. 37. 90 Labor had met with moderate success in previous times. In 1901, for instance, workers were granted a law regulating hours of employment. In 1903, a constitut ional amendment established the 8 hour day and prohibited employment of children under the age of 16 in underground mines. And in. 1906 the union men considered the I & R 17amendment to be a major victory for th e i r cause. Displaying th e i r confidence in the I & R laws, union leaders . were the f i r s t to t ry to pass an in i t i a t ed measure. In 1908 they circula ted pe t i t ions to leg i s la te employers' l i a b i l i t y and to legalize unions. Their fa i lu re to gain the required percentage of signatures did not discourage them from attempting the same methods to promote a referendum of the Donohue Military Law. In fac t , th e i r association with the People's Power League showed the workingmen's determination 18to make the system work for them. I t was only na tura l , then tha t when the 13th Assembly fai led . to pass the demanded leg i s la t ion , the i n i t i a t i v e process provided an option to which the unions would turn. "As soon as the smoke clears 17 17House Journal of the Seventh Session of the Legislative Assembly of the State of Montana 1901 (Helena: State Pub l i sh ingCo., 1901), HBl, p. 7, HB149, p. 177; House Journal of the Eighth Regular and Extraordinary Sessions of the Legislative Assembly of the State of Montana 1903 (Helena: State Publishing Co., 1903), p. 178; Waldron, p. 115. 1 8 'Secretary of State , I n i t i a t iv e F i les , 1908. As mentioned e a r l i e r , they also petit ioned for d i rec t elect ion of senator. 91 away—," Romney announced a t the closing of the leg i s la t iv e session, a meeting of . . the People's Power League will be cal led . . . to I Q i n i t i a t e [a] compensation ac t ." 19llMeet to I n i t i a t e Compensation Act," Western News, March 11, 1913, p. I. : . CHAPTER VI A PROLIFERATION OF LEAGUES FOR THE 1914 CAMPAIGN Prior to the 1912 e lect ion , most Montanans believed that the . i n i t i a t i v e and referendum amendment was not funct ional . The Helena independent e a r l i e r recal led tha t the I & R was thought to be . . careful ly guarded . . . " b y the Republican Party, the l a s t party to support the reform. Rather than appearing to oppose the measure, the Republicans had passed a b i l l tha t would be d i f f i c u l t , i f not impossible to use. After the union's 1908 fa i lu re to leg i s la te under i t s provisions, the 11. . . friends of d i rec t leg is la t ion declared that i t was wholly i n e f f e c t iv e .1 The People's Power League's success with the I & R encouraged other groups to give i t a t ry . Before the smoke cleared and the People's Power League met, several new groups had already organized for the purpose of accomplishing d i rec t leg is la t ion . One group, about which l i t t l e is known, sought a referendum against an a th le t i c commission law to legalize boxing. Another, led by Paris Gibson, organized to i n i t i a t e a b i l l for the consolidation of ------------ T---------------- .. "Referendum to be Tried," Helena Independent, September 5, 1911, p. I. 93 the s ta te university system. In reaction to Gibson's group, a th ird group united as the Gallatin Valley Anti-Consolidation League.2 The most po ten t ia l ly powerful group organized on March 28, 1913, cal l ing i t s e l f the State Non-Partisan Direct Legislation League. Centering•around the figure of former Senator Joseph M. Dixon, chairman, the League consisted mostly of men actively involved in p o l i t i c s , many of whom were members of the leg is la tu re . These men were not po l i t ica l outsiders as in the case of most of the members of the People's Power Leagqe. Members of the Direct Legislation League were primarily Progressive Republicans, with enough l ibe ra l Democrats to j u s t i f y the t i t l e . The leg is la t ion they wished to i n i t i a t e was directed toward l imiting the power of the Anaconda Company, but unlike the People's Power League, i t was intended to benefit chiefly the middle c lass taxpayer. Their attempt to reform s ta te governmental policy undoubtedly resulted from years of experience and f rus t ra t ion trying to work through the leg is la tu re . Failure to achieve the i r 2 Secretary of Sta te , " In i t i a t iv e and Referendum Measures Since Adoption of Constitutional Amendment Article V, Section I , Permitting the Referendum and In i t i a t iv e" (Misc, 23a, Helena: n . p . , 1967), Ref. #6 rejected the a th le t i c commission in 1914. In the 1916 e lec t ion , In i t . #11 placed the commission on the ba l lo t unsuc- cesful ly . In 1919 the leg is la tu re passed the law again. Ref. #14 attempted but fa i led to repeal i t in the 1920 elect ion. In i t . #9, consolidation of the university system, fa i led in 1914. "The Big Case Up to the Supreme Court," Western News, July 10, 1914, p. I. 94 desired reforms from within the capitol walls forced the members to turn to the public and the i n i t i a t i v e process. The main concern of Dixon's League was to i n i t i a t e leg is la t ion to regulate water appropriation for power purposes and to impose a l icense tax on corporate en terpr ises . The main ta rge t of the tax assessment was aimed primarily a t the Montana " tw insAnaconda and Montana Power, and also a t railway car companies, especial ly the Pullman luxury cars. For years these companies had enjoyed only s l igh t taxation. Increased s ta te revenue from the corporate sector of the economy would hopefully decrease the tax burden of the middle class property owner. Other leg is la t ion of in te res t to th is new League included: the permanent location of s ta te in s t i tu t ions where they were already estab­ l ished, a counter move to Gibson's consolidation drive; permission for c i t i e s to levy taxes for developing e le c t r i c l ighting plants; and the 3 establishment of a s ta te farm loans program. The new League spec i f ica l ly invited Miles Romney and Walter Hartman, but otherwise made no attempt to extend a welcoming hand to the People's Power League as a whole. Dixon appointed Romney to the 3 3 "A Direct Legislation League is Launched," Western. News, April I , 1913, pp. I , 4; Secretary of Sta te , In i t i a t iv e F i les , 1914. This League should not be confused with the Non-Partisan League a farmer-labor coal i t ion tha t developed a few years l a t e r . 95 committee to draw up leg is la t ion for farm loans, and Hartman to the one concerning permanent, location of s ta te in s t i tu t ion s . Other members of the People's Power League attended the organizational meeting, but apparently without inv i ta t ion . The Butte unions.also sent a delegation of People's Power League members to ascertain whether organized labor should support the new group. The reception of th is delegation, by Dixon's League must have been cool , as they part icipated only as observers, and fa i led to take any action favoring active involvement.. Secretary Max McCusker spoke openly against the State Non-Partisan Direct Legislation League a t the meeting. He feared tha t the new oganization was trying to steal the thunder of the People's Power League. The new League, McCusker sa id , would: . . . have the e ffec t of weakening the original league, that i t would weaken the moral e f fe c t , divide the strength of the forces believing in in i t i a t io n and might lead to the flooding of the ba l lo t with as many measures as were submitted in the State of Oregon l a s t f a l l , when the people were asked to vote on 35 b i l l s .% Romney was probably not on the best of terms with some of the members himself, but he had a be t ter sense of control over the s i tua t ion . Rather than oppose Dixon's League and make enemies with the po l i t ic ians in the face of a new election campaign, or commend i t — I --------------- ; • . "A Direct Legislation League is Launched," Western News, April I , 1913, pp. 1 , 4 . 96 and possibly lose rapport with the laboring men who did not f i t into the bourgeois group, Romney shifted the issue to the company, a point on which both Leagues could agree. I f a flood of d i rec t leg is la t ion shall ensue the privilege-seeking corporations tha t have so long controlled our l eg i s la t ive bodies have only themselves to blame. I f , when, they awaken from a drunken orgy of power they find themselves a f f l i c t ed with a bad head-ache perhaps th e i r managing direc tors will have the fairness to admit that they are but reaping the whirlwind. Come what w i l l , however, we venture assertion tha t the majority of th is s t a t e ' s e lec to rs , requis i te to enact a law will exercise greater forbearance, conservatism, wisdom, and discrimination than any corporate controlled leg is la tu re tha t has misrepresented th is s ta te in many years. . The people of Montana, s i t t i n g as a committee of the whole, in d i rec t leg is la tu re assembled, will be awfully f a i r and just--perhaps t h a t ' s j u s t what the Amalgamated don 't want.5 Jus t as the People's Power League remained divided or uncom­ mitted as to how to respond to Dixon's League, the State Non-Partisan Direct Legislation League faced a similar problem. They could not agree as to whether or not they wanted the help of the People's Power League. When the State Npn-Partisan Direct Legislation League held th e i r second meeting in Helena, Romney was " . . . present.upon invi­ ta t ion ., . . " t o represent his League, ra ther than as one of the group 5 "Three League Where But-- , " .Western News, April I , 1913, p. 2. Romney had c r i t ic iz ed several of the League members for th e i r actions in th e . l eg i s l a tu re , especial ly Thomas Everetti the author of the "fake primary." 97 Romney offered the services of the People's Power League in cooper­ ation with Dixon's League for c ircu la t ing pe t i t ions . Helena Mayor Frank J. Edwards moved to refuse Romney's o f fe r , but the motion fa i led to carry. The presiding o f f ice r appointed a committee of three members to make the necessary arrangements between the two Leagues.^ This committee apparently never cal led upon the League for help, which in point of fac t , they actual ly needed. Dixon's League c ircula ted pe t i t ions for the corporate l icense tax, but were unable to gather su f f ic ien t signatures to place i t on the ba l lo t . There is no evidence tha t pe t i t ions for th e i r other measures ever got off the ground.^ Only where Dixon appointed People's Power League members to committees was he successful in reaching any of the new organizational goals. Hartman was a member of the executive board of the College of Agriculture and Mechanic Arts. His personal desire to keep the college in Bozeman a l l i ed him with the Gallatin Valley Anti-Consoli­ dation League. Through his cooperative e f fo r ts the State Non-Partisan Direct Legislation League succeeded in s t i f l i n g Gibson's consolidation * ^"Three In i t i a t i v e Bills to be Submitted," Western News, September 30, 1913, p. 2. ^Secretary of State , In i t i a t iv e F i les , 1914. 98 scheme. And, when Romney picked up the farm loans i n i t i a t i v e the O People's Power League carried the en t i re campaign. Perhaps the po l i t ic ians of the State Non-Partisan Direct Legislation League had no desire to wage the time consuming door to door campaign necessary to acquire support for i n i t i a t i v e leg is la t ion . But they must have realized by the fa l l of 1914 that the People's Power League had the t ra in ing , the experience, the network of t i r e l e s s volunteers, prerequisi tes for I & R work in Montana. These essent ia ls were the contributions of the common workingmen, the.grass roots personnel of the People's Power League tha t Dixon's League never rea l ly accepted. The People's Power League met on May IOth and I l th of 1913 at the Carpenter 's Hall in Butte to formulate i t s plans for the 1914 i n i t i a t i v e campaign. Workmen's compensation, a part of the i n i t i a l program, was the main topic of discussion. The members decided to i n i t i a t e the Murphy b i l l of the past l eg i s la t ive assembly. The Murphy b i l l was changed to provide administration funding by the industr ies themselves, assessed according to payroll . Actual compensation costs were to be paid according to industr ia l types. For example, coal companies would pay the cost of compensating for acci­ dents in the coal industry only; lumber businesses would pay only for 8 8Waldron, p. 154; Interview, Paul Davidson, April 26, 1975. 99 lumbering accidents. This method, the League envisioned, would make industr ies more safety-conscious so as to l imit th e i r expenses. The to ta l cost of compensation would be borne by the industr ies , hot the s t a te , the taxpaper, or the wage earner. At the same meeting President Romney proposed tha t the People's Power League also sponsor the State Non-Partisan Direct Legislation League's i n i t i a t i v e for farm loans. The. League voted unanimously in favor of the motion. The farm loans b i l l , drawn up by Romney and Albert Besancon of Dixon's League, provided for 6% loans to farmers of up to one th ird the appraised value of th e i r land from the s t a t e ' s permanent funds. This would be a considerable boon to farmers who were paying 10 to 12%’ in te re s t on private loans.^ Farm loans was a reform new to the State of Montana, although from a national perspective the i n i t i a t i v e was not. ground breaking. Iowa had a farm loans act since 1857; Idaho had extended the loans for 22 years; and North and South Dakota, Oregon and Utah had also adopted i t s provisions. The States of Wisconsin, New York and New Jersey had farm loans a t one time, but abandoned them due to , respect ively, "fraud and mismanagement," "badly drawn laws," and inadequacy as a " sa t i s ­ factory investment." In Congress, b i l l s from farm loans a t 4% percent Q "Preparing to I n i t i a t e a Compensation Act." Western News, May 2, 1913, p. I ; "Two Bills Proposed by Power League," May 13, 1913, p. I ; "State Farm Mortgage Proposed for Montana," July I , 1913, p. 2. 100 in te re s t were refused as "pa te rna l i s t ic , " even though the banks could legally borrow from the government a t only 2 percent. I f leg is la t ion were to be enacted a t th is time, i t appeared logical tha t i t would 10have to be on the s ta te level. Perhaps because Montana's homesteading took place a t such a la te period, i t had only recently begun to confront the issue of farm loans. In 1911,.Joseph Kirschwing, a Democrat from Cascade County, introduced HB98 for farm loans. The committee on agricu l tu re , unde­ cided as to what to do with i t , passed i t along to the attorney general for an opinion. He replied tha t should the b i l l become law, i t would be unconst i tu t ional . Both Leagues were undoubtedly aware of th is opinion, as Kirschwing served on Dixon's committee with Romney to 11draw up the farm loans i n i t i a t i v e . The rank and f i l e members of the People's Power League picked up Dixon's League's proposal for farm loans and secured the pe ti t ion signatures on th e i r own. I t may have seemed unusual tha t the wage earners were so eager to carry the cause of the farmers to the people. In the past , the farmer had no strong organization of his own through which to wield po l i t ica l power. With the homestead boom in full swing, ^* 0llState Farm Loans," Country Gentleman, as in Western News, April 29, 1913, p. 2. 11House Journal . . . 1911, pp. 85, 162; "A Direct Legis­ la t ion League is Launched," Western News, April I , 1913, pp. I , 4. 101 the labor groups apparently hoped tha t the potent ia l ly powerful farming vote would join with them to curb the power of special in te res ts over po l i t ica l a f f a i r s . 12 13 . Romney referred to the attempted marriage of labor and farmers through the People's Power League in i t i a t i v e s as ". . . an i r r e s i s t ib l e combination." Many of the Montana State Grange and Society of Equity local groups joined forces with the League, even though they were not organizations of a po l i t ica l nature themselves. The majority of the farmers, however, did not perceive a need to a l ly themselves with the wage earners. Perhaps the farmer did not ye t rea l ize how he could use I sa farmer-labor organization for his own benefi t. When the People's. Power League began c ircula t ing peti t ions in September of 1913, the expanded l i s t of representatives included, in addition to e a r l i e r members, the following lawyers: E. H. Goodman of Townsend; George Maywood of Philipsburg; William M. Johnston, of 12Roeder, "Montana In the Early Years of the Progressive Period," (unpublished Ph.D d i s se r ta t ion , University of Pennsylvania, 1971), pp. 53, 58. 13" In i t i a t iv e Campaign is About Ended," Western News, March 3, 1914, p. I ; "Dominick's View Same as Amalgamated," September 29, 1914, p. I . The Organizer of the Society of Equity, Dominick McQuire, c irculated pe t i t ions for compensation and farm loans. Later, changing his views, he wrote to members of the Society requesting tha t they vote against compensation, l e s t they also be compelled to pay under i t s provisions. See also: "Farmers Society Pass Resolutions Favoring Workmen's Compensation," October 27, 1914, p. I. 102 Bill ings; Edward C. Russel of Lewistown and Theodore Lentz, the Missoula lawyer who was so helpful in the 1912 po l i t ica l reform campaign. Retailers were also interested in supporting farm loans which would provide c ircula t ing capital among th e i r customers. Independent businessmen joining the group were: James Holland of Holland and Son in Havre and John Blewett of the Fromberg Mercantile Company.• . Other new League members included: a young Republican, James Jergenson, from Whitehall; Charles E. Sacket t , Anaconda's court stenog­ rapher; and, ra ther i ron ica l ly , Daniel J. Donohue, doctor from Glendive and commander of the s ta te m i l i t i a . Only the year before the League had in i t i a t ed the repeal of Donohue's Military Law. New union members throwing their, lo t with the League were: John C. Lowney, the executive member of the Western Federation of Miners; 0. H- P- Shelley of Helena, State Manager of the Modern Brotherhood of America; Henry Drennan, President of D is t r i c t #27 of the United Mine Workers; Hurburtus Corkish., a Butte miner; Oscar M. Par te low, Secretary of Carpenter 's Hall; and Dennis Murphy, former President of the Butte Miner's Union, who sponsored the compensation b i l l in the 13th Assembly. The new Executive Committee contained three newspaper ed i to rs , nine lawyers, twelve union leaders, and six men in private business or other occupations. Membership in 1914 included some 33,000 union 103 a f f i l i a t e d laborers plus an undetermined number of o the rs , many from the Montana State Grange and the Society of Equ i ty .^ In sp i te of the larger Executive Committee, the in i t i a t i v e campaign proved to be more d i f f i c u l t than in 1912. I t was not until June of 1914 tha t Governor Sam V. Stewart announced tha t the measures would be included on the ba l lo t . In the previous campaign the People's Power League met with l i t t l e opposition other than the negligence of company newspapers in reporting i t s a c t i v i t i e s . In 1914, however, the 15opposition was r ea l , loud and c lear . Romney claimed tha t 235 of Montana's 300 newspapers carried a r t i c l e s against workmen's compensation as in i t i a ted by the League. The tex t of these a r t i c l e s was presented so as to convince the farmer tha t as an employer of labor, the b i l l would put him out of business. Workers were also alarmed by the prospect of the leg is la t ion wrecking industry, and causing employers to seek other s ta tes in which to locate . Romney suspected tha t the editors were getting th e i r propa­ ganda from " . . . the top f loor of the Hennessy building in Butte," the off ice of the Anaconda Company, "which has a f a t slush fund *12 ^ "Fo r State Farm Loans and Workmen's Compensation," Western News, September 12, 1913, p. I ; "Two Bil ls Proposed by Power League," May 13, 1913, p. I ; Secretary of S ta te , In i t i a t iv e F i le s , 1914. ^"The Governor Submits the Bill to the People," Western News, June 5, 1914, p. I ; "Proclamation Issued for Farm Loans B i l l ," June 12, 1914, p. I . 104 attachment." The Montana Soc ia l i s t alleged that the slush fund amounted to $500,000. Romney t r ied to keep track of a l l the charges and print rebut ta ls in his Western News. In desperation over the volume of a n t i ­ compensation a r t i c l e s , he f ina l ly warned the editors to read the corrupt practices act passed by the people in 1912. Section 33 pro­ hibited publishers from printing paid matter to defeat any ". . . meas­ ure before the people . . . " unless the person or organization buying 17the spaces was acknowledged. About four months before the 1914 elect ion the anti-compensation crowd moved out into the open and formed the State of Montana Advance­ ment Association. The Association sent speakers a l l over the s ta te , but pa r t icu la r ly to the farming communities, to f igh t the proposed com­ pensation b i l l . The friends of compensation immediately t r ied to expose the financial power behind the new organization. The Western News, the Butte Soc ia l i s t and.the Helena Progressive, especial ly , devoted time * n z- “ "Farming is Not an Extra-Hazardous Industry . . . ," Western News, October 20, 1914, p. I ; "A Square Deal," September 23, 1913, p. 2; "Compensation and Suffrage," Montana S o c i a l i s t , as in Western News, August 25, 1914, p. I. ^"Another Lie Swatted," Western News, August 25, 1914, p. 2. Portions of th is a r t i c l e are quoted from the Great Falls Tribune. •105 and energy to determining who the members were and th e i r connections with the Anaconda Copper Mining Company or i t s subs id ia r ie s .18 The People's Power League did not have the financial resources to counter the damaging campaign of the State of Montana Advancement Association, so i t s editors urged th e i r readers through sa t i r e not to take the Association seriously. They teased tha t the Association would save the farmers from horrible fa te and destruction. As the Butte Soc ia l i s t put i t , the company was l ike 11. . . the snake who swallowed the frog in order to protect the frog from being annoyed by a f l y . " 19 Yet Romney believed tha t the farmers would see through the company's se l f i sh concern. He thought tha t the voters would read the b i l l and the League's information pamphlet carefully and make up the i r own minds to support the measure. He argued confidently that : I t is well to know your enemies, also to know the fact tha t cer tain forces, are against you, stamps your own work as economically sound and e th ica l ly sane. I t is a good thing tha t vicious in te res ts and the lawless corporations should be a f f i l i a t e d in e f fo r t s to defeat whatever leg is la t ion will I O Interview, Miles Romney, J r . , May 2, 1975; "Getting Ready to Fight the Compensation B i l l , " Western News, August 11, 1914, p. 3; "Montana Farmer Must be. Rescued," Butte S o c i a l i s t , as in Western News, August 21, 1914, p. I ; "Who Are They?" Helena Progressive, as in Western News, August 25, 1914, p. 2. 19 . "Montana Farmers Must be Rescued," Butte Soc ia l i s t , as in Western News, August 21, 1914, p. I . benefit the people as a whole. I t makes them easier to f igh t , and i t also proves to us that there is immeasurable value in good l e g i s l a t i o n .20 106 on "Compensation and Suffrage," Montana S o c ia l i s t , as in Western News, August 25, 1914, p. I. CHAPTER VII "THE FIGHT . . . HAS ONLY JOST BEGUN" The progressive reforms of the People's Power League encoun­ tered an even more serious obstacle than tha t posed by the State of Montana Advancement Association. On June I , 1914, a f t e r gathering his pe t i t ions , Romney delivered 120,000 copies of information pamphlets on the i n i t i a t i v e measures to the secretary of s ta te for d is t r ibu t ion to voters. While he was about th is business, he was called in to speak with Governor Stewart, Attorney General Daniel M. Kelly, and Secretary of State A. M. Alderson about the va l id i ty of Montana's In i t i a t iv e and Referendum Law. Taking the i n i t i a t i v e , Kelly told Romney tha t cer tain unnamed persons were questioning the law's va l id i ty and tha t he thought i t best to t e s t the law before the next e lect ion. Kelly explained that there were serious technical defects regarding the law's const i tu­ t iona l i ty . In the f i r s t place he claimed tha t when the I & R or ig inally came up in the e lection of 1906, two of the s t a t e ' s papers fai led to give i t su f f ic ien t "legal notice" as required by an amendment to the const i tu t ion . Furthermore, Kelly pointed out, that as I & R implied both leg i s la t iv e and executive powers, i t should be expressed in two separate amendments ra ther than the present single one. And, f in a l ly . 108 Kelly f e l t personally tha t the cost of $100,000 per election was pro­ h ib i t ive and exorbitant. Romney regarded Kelly's jud ic ia l ha i r sp l i t t ing as nothing more than a conspiracy to overthow the in i t i a t i v e s of 1912 and 1914. If there was such a p lo t . Secretary Alderson claimed he would have nothing to do with i t , and promised to ". . . proceed with the in i t i a t i v e measures according to the law as i t stands * regardless of an opinion Ifrom the attorney general ." Others besides Romney believed tha t Kelly's action was a company plot . In ed i to r ia l s calculated to foment public i r e , the Missoulian jumped to the conclusion tha t the elected 11. . . s ta te o f f ice rs have been selected to do the will of the inv is ib le government in th is endeavor to defeat the people's expressed w i l l . " Romney seconded the Missouiian 's indictment of the Anaconda, and added tha t the company's legal department has spent years searching for flaws in the I & R or in i t s operations. The f i l i n g of compensation peti t ions allegedly forced the company to attack the I & R in order to.prevent 2passage of the League's i n i t i a t i v e . In response to Kelly's impending legal assaul t on the I & R, i "Powerful Enemies of Popular Government . . . ," Western News, June 2, 1914, p. I . ^ I b id . ; "Is I t a Last Ditch Stand?" Missouli an , as in Western News, June 2, 1914, p. 2. 109 Romney called a meeting of the People's Power League Executive Com­ mittee to be held June 5 a t Butte in the Miner's Union Hall. The purpose of the special meeting was to.meet the challenge against . . Montana's great body of progressive laws." The day prior to the meeting Romney and Secretary Max McCusker received telegrams from Alderson requesting a conference the following day. Suspecting that the conference was another ploy to postpone the League meeting, Romney went on to Butte and sent McCusker to Helena to represent the League. The Butte meeting was well underway when McCusker arrived to report on the Helena conference. "Professing the utmost f r iendliness to the League . . . " Stewart, Kelly and Alderson convinced McCusker tha t the I & R was unconst i tut ional , and insis ted tha t the League s t a r t court proceedings against the law a t once. The s ta te o f f ic ia l s had led McCusker to believe tha t the law was not valid until i t was , tes ted and proven otherwise. Even Alderson had backed down from his former stand due to the intimidation of the governor and attorney general. They had warned him that he personally would be responsible for the cost of printing pamphlets on the i n i t i a t i v e and referendum measures i f he proceeded without th e i r consent. The Butte miners refused to accept McCusker's decision to t ry "Power League to Fight," Western News, June 2, 1914, p. I ; "An Appeal to Patriotism to Resist Attack on I SR ," June 9, 1914, p. I n o the case. They believed tha t Kelly was trying to convince the People's Power League to do his dirty-work for him. They considered the I & R valid as i t stood, and were determined not to r isk destroying themselves as a League by tes t ing and chancing losing the case. . • ■'* While the League i t s e l f refused to bring a t e s t case, those in attendance voted to prepare a defense in case someone e lse did take i t •to court. Romney explained tha t 11. . . since the s ta te o f f i c i a l s will not defend our cons t i tu t ion , i t is up to th is organizat ion." The League had no funds with which to hire lawyers to defend , d i rec t l eg i s la t ion , but i t did have a battery of able men within i t s ranks, and others who would sympathize with i t s cause. Accordingly, . the members voted to wire the following appeal to Thomas J. Walsh and C. D. Nolan of Helena, Alex Mackel of Butte, Walter Hartman of Bozeman, Edwin K. Cheadle of Lewistown and Joseph M. Dixon of Missoulai Gentlemen: Absolutely au thor i ta t ive information having.come to the undersigned tha t an attack upon the va l id i ty of the in i t ia t ive and referendum clause of our s ta te const i tu t ion , which would carry down with i t our great body or progressive laws is already underway; we the undersigned unite in an appeal to each and all of you as leading representa t ives of the bar, the people, the several po l i t ica l par t ies and subdivisions thereof, to volunteer your services as a committee on jurisprudence to protect and defend the r ights of the people in the courts should the occasion a r i se . mConfident tha t you will respond to th is p a t r io t i c duty and bespeaking for you the grati tude of all lovers of popular . government, we subscribe ourselves, most respectful ly . The People's Power League. While a l l believed that the Anaconda Company was behind th is challenge to the I & R, company lawyer C. F. Kelley denied any con­ nection or in te res t in the matter. Governor Stewart and Attorney General Kelly also claimed tha t they had no personal involvement. Romney and others took these denials a t face value, and next suspected c the s t a t e ' s lumbering in te res ts of s ta r t ing the whole thing. When the case f in a l ly appeared on the docket in early July, i t was R. G. Hay who challenged the cons t i tu t iona l i ty of the 1906 i n i t i a ­ t ive and referendum amendment. I f the Anaconda Company or s ta te o f f i c i a l s spurred him into action, there was no evidence tha t they did so. But in any case Hay did have a special concern in the matter. Hay was a Helena saloonkeeper and pr izef igh t promoter who backed the Kiley boxing law establishing a State Athletic Commission. This law was to be presented to the people for a referendum vote in the fa l l e lect ion . I f the referendum fa i led to overturn the law, or be tter n "An Appeal to Patriotism to Resist Attack on I & R," Western News, June 9, 1914, p. I . ^"An Appeal to Patriotism . . . , “ Western. News, June 9, 1914, p. I ; "Helena Lawyer May Test I & R," June 12, 1914, p. I . 112 s t i l l , i f the referendum were never held, Hay stood to gain finan­ c i a l l y . 6 The People's Power League had a battery of lawyers to defend the I & R, including Walsh, Nolan, Mackel, Cheadle, and Wellington D. Rankin, Republican from Helena. Hartman and Dixon did not appear for the League, but Dixon's Missoulian, as Romney put i t , ". . . set the woods a f i re" with his ed i to r ia l s for the cause. Miles Romney was granted the opportunity of addressing the court to prove to i t s sa t is fac t ion tha t " . . . not only had there been sub s tan t ia l , but l i t e r a l performance in the matter of notices and advert is ing the e lec t ion ." Then Judge Cheadle defended the concept of the I & R as one law. According to Cheadle's reasoning, without a referendum clause, an i n i t i a t i v e law would be valueless. A law could s t i l l be in i t i a t ed by the public, but without the referendum i t could 7 not be brought to a vote. After lawyers from both sides presented th e i r arguments, the court acknowledged minor i r r e g u la r i t i e s ; but decided to uphold the "The Big Case Up to the Supreme Court," Western News, July 10, 1914, p. I . Hay was also a member of the Gallatin Valley Anti- Consolidation League, opposed to Paris Gibson's i n i t i a t i v e to consoli­ date the s ta te university system. ^"Romney is Confident I & R will be Upheld," Western News, July 10, 1914, p. I . Twenty s ta tes had the I & R as one amendment. Only Nevada had the provisions in two laws. This s ta te adopted the referendum eight years before i t adopted the i n i t i a t i v e ; "Cheadle Argues for the I & R," Western News, July 14, 1914, p. I . 113 cons t i tu t iona l i ty of the I & R. The court expressed the be l ie f that "no rule of construction should be invoked which will trammel the people in th e i r e f fo r ts to exercise the r igh t reserved to themselves O to change the const i tut ion by popular vote." Romney was so elated over th is decision tha t he celebrated by covering the headline section of the Western News with the American eagle. "July 16 is a red l e t t e r day in Montana History": The r ights of the people have been upheld by the s t a t e ' s highest tribunal and a blow has been delivered which marks the end of the notorious b i -par t isan machine. For the assault upon th is v i ta l was, unquestionably and admittedly the l a s t di tch stand on the powers which have so long controlled Montana a f f a i r s . q The victory of the people is complete. Having won the Hay case i t appeared that the road was clear ahead. Nevertheless,1 another road block i n t e r f erred with the workmen's compensation campaign and possibly even deal t the death blow to the League i t s e l f . On June 13, 1914, labor problems erupted in Butte, and lasted throughout the summer. In the midst of a very complicated labor s i tua t ion some of the miners condemned Butte Union o f f i c i a l s as being * O „ Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from March 18, 1914 to November 23, 1914, IL (San Francisco: Bancroft-Whitney Co., 1915), pp. 387-419. — ^"Montana is a Free State . . . " Western News, July 17, 1914, p. I ; see also "The Amalgamated Bi-partisan Machine is Busted . . "For L ife" ; "The People Rule," p. 2. 114 company agents. This was unlikely, as the union leaders had fought the company through the People's Power League since i t s founding. Others claimed tha t the company arranged the violence in order to gain a more favorable contract with the unions through the presence of the s ta te m i l i t i a . Another probable cause of the trouble was the Indus­ t r i a l Workers of the World's opposition to a possible, merger of the Western Federation of Miners, and the United Mine Workers of America. Representatives of the l a t t e r two groups, who incidently were also League members, part icipated in the Butte Miner's Union Day parade tha t fe l l apart in a scene of bloody violence. After private c i t izens organized themselves for defense, the national guard imposed martial law over the troubled c i ty . The crowning blow to. the League came when the m i l i t i a commander Daniel J. Donohue arrested Butte 's Soc ia l i s t Mayor Lewis J. Duncan for neglect of dut ies . Both were League members.. Butte 's League member­ ship s p l i t between those sympathetic to the dissident miners and the Soc ia l i s t Mayor, and those who sought preservation of law and order inand th e i r property r igh ts . ^Vernon H. Jensen, Heritage of Conflict: Labor Relations in the Nonferrous Metals Industry up to 1930 (Ithaca: Cornell University Press, 1950), pp. 325-353; Norma Smith, "The Rise and Fall of the Butte Miner's Union, 1878-1914" (unpublished M.A. thes is , Bozeman: Montana State University, 1961.); F i r s t Biennial Report of the Department of Labor and Industry 1913-1914 (Helehal Independent Publishing Co., n.d.), pp. 32-33. . 1T5 Martial law in Butte raised yet another problem. Military leaders banned public gatherings in the c i ty , thus halt ing the campaign of the United Mine Workers for workmen's compensation, a campaign that promised to consolidate the weak bonds between coal miners and hard rock miners in the s t a t e . ^ The presence of armed m il i t i a a t the polls appeared to be the resu l t of an obvious th rea t to middle-class c i t izens , whose former sympathy for the miners;now. changed to fear and suspicion. This mis­ t r u s t was eas i ly transferred to the People's Power League i t s e l f , which claimed to have 33,000 union men in i t s ranks. Thus, in i t s campaign of 1914., the League faced an impressive number of real problems: organized opposition by the State of Montana Advancement Association; the legal b a t t l e of the Hay case; the erosion of unity caused by the pro l i fe ra t ion of other leagues; and f ina l ly the adverse e ffec ts of Butte 's c iv i l violence. These a l l d is tracted public a t ten t ion from the League's central concern, the leg is la t ing of social responsib i l i ty . The cumulative e ffec t of these adverse forces was to undermine party support for the People's Power League. When the League approached the po l i t ica l part ies for endorsement of i t s causes, i t s controversial reputation proved a serious l i a b i l i t y . Neither the ^^"Coal Miners to Fight for Compensation," Western News, August 25, 1914, p. I . Democrats nor the Republicans were w i l l ing , to go on record in support of the League and i t s i n i t i a t i v e s , but preferred to remain aloof. Only the Soc ia l i s t and Progressive Republican Par t ies , organized or ig­ inal ly as reform groups, continued to back the i n i t i a t i v e s . But these I p part ies represented only a small minority of the s t a t e ' s voters. In the elect ion of November, 1914, the people o f the s ta te defeated the workmen's compensation i n i t i a t i v e by a vote of 36,991 for and 44,275 against . Of the ten counties which favored the measure, all were closely associated with the industr ies of mining and lumbering. Within the Bit teroot Valley the jou rna l i s t ic persuasion of Romney's Western News, Dixon's Missoulian and Fred Whiteside's Kalispell Bee played an effec t ive role in collect ing favorable votes for compen­ s a t io n .13 In the industr ia l mining areas , of which Silver Bow was the hub, the measure passed, but surprisingly only a scant 43 percent of the voters expressed a preference on the measure. Outside of Silver Bow in the agricultural counties, Romney's " i r r e s i s t i b l e farmer-laborer combination" did not materia l ize . This may be part ly due to the *i 12"Progressives Endorse Compensation"; "Democrats Meet in Helena . . . ," Western News, September 15, T914, p. I ; "Social is ts of Montana for I n i t i a t iv e B i l l s ," September 18, 1914, p. I ; "Senator Dixon Riddles Anti-Compensation Crowd," October 2, 1914, p. 2. i 3 0E ll is Waldron, An Atlas of Montana Pol i t ic s Since 1864 (Missoula: Montana State University Press, 1958); p. 153. 116 117 an t i - labor sentiment resul t ing from the violence in Butte, and part ly because of the inundation of the State of Montana Advancement Asso­ cia tion propaganda. The old ideology of se lf -help reigned supreme, and the farmer f e l t no moral obligation to the wage earner, especially since the farmer was an employer of labor. As for the League's standing, the elect ion resulted in only part ia l success. The farm loans i n i t i a t i v e which i t adopted from the State Non-Partisan Direct Legislation League passed by a wide margin of 45,162 for arid 27,780 against. The working class voters de f in i te ly favored the farmers on th is issue, even i f only in hopes of returned support. The four counties tha t did not pass the i n i t i a t i v e were all ag r icu l tu ra l ly o r ien ted .1^ This opposition to farm loans may seem ironic a t f i r s t glance, but these counties , Broadwater, Galla t in , Madison and Park, were the old established farming communities. Settled during the f i r s t gold rush to the region, these counties grew up with an expanding t e r r i to ry during a period of limited transporta t ion when agricultural produce was as valuable as the nuggets found in Montana's streams. As r e s i ­ dents of the f i r s t breadbasket, s i tuated in lush, green, well-watered valleys, the voters had nothing in common with the newly-arrived, often 14Waldron, p. 154. Map I. Workmen's Compensation In i t i a t iv e 1914 for 36,991 I against 44,2.75 Map 2. Farm Loans In i t i a t iv e 1914 EZZlfor 45-162 against 27*780 120 foreign-born homesteaders. They had made th e i r own way in commercial agriculture in Montana, and they expected the newcomers to do the 15 -same. The limited support of the League in 1914, and the fac t that i t fa i led to sustain i t s e l f as an organization, suggests a decline in progressivism in the s ta te since the 1912 election. Actually, the whole idea of leg is la t ing social responsib i l i ty was much more radical and complicated than the issue of po l i t ica l reform. Many voters probably realized the need for the leg is la t ion to deal with the expense of industr ia l accidents, but were confused by company propa­ ganda, and possibly unwilling to go as fa r as the League's in i t i a t i v e provisions. Benjamin Parke DeWitt explained the division in yet another way; . . . the friends of progress are frequently the enemies of each other , largely through lack of mutual understanding and a fa i lu re to rea l ize tha t they stand for p rac t ica l ly the same fundamental things J 6 15 15Dr. Robert Dunbar, Professor Emeritus, Montana State University, an authority on water r ights in the west, has found that a l l the old agricul tural communities where water and climate conditions are favorable tend to be conservative and Republican. This division between old and new farmers explains a t l eas t one reason why Montana farmers were not well organized and p o l i t i c a l ly in f lu en t ia l . ^Benjamin Parke.DeWitt, The Progressive Movement: A Non- Part isan, Comprehensive Discussion of Current Tendencies in American Pol i t ic s ( (c) 1915, Seatt le and London: University of Washington Press, 1968), p. V i i i . 121 To union laborers within the People's Power League the resu l ts of the election may have, signaled a devastating fa i lu re . To,the League's President, however, there was no such word as defeat. Refusing to admit tha t the i n i t i a t i v e had not passed, Romney announced "Compensation wins I . . . did not the Amalgamated Advancement Asso­ cia tion pledge themselves, honor br ight , to enact a workmen's compen­ sation law a t the next session of the leg is la ture?" Reasoning tha t because women could vote in the next e lection, and because the farmers would have Tow-interest loans and be less concerned about money, the public would accept compensation. For, Romney wrote, "Montana has j u s t experienced the grea tes t educational „ campaign in her h is tory ." The i n i t i a t i v e and referendum are here to stay and Montana folks are rapidly becoming quite prof ic ien t in the use of these tools- -b ig slush funds and a muzzled press to the contrary notwithstanding. Bring on the Turkey!^ 17"Fate of Men and Measures S t i l l Shrouded in Doubt," Western News, November 10, 1914, p. I ; "Woman Suffrage and Farm Loans Wins," November 13, 1914, p. I ; "Compensation Wins," November 13, 1914, p. 2. The People's Power League took no stand on the issue of woman suffrage, but Romney was ready to claim th e i r support as soon as the const i tu­ tional amendment passed. As for compensation, on November 6th and IOth Romney be l ieved . i t had passed. In sp i te of the expressed optimism, he was seriously concerned. In "The Vote on Compensation . . . ," December 29, 1914, p. 3, Romney suspected the resu l ts of the election had "been juggled" and "compensation has been defeated through misrep­ resentation and f raud ." . CHAPTER V III THE AFTERMATH: REACTION AND RESTORATION I t is not yet possible to evaluate fu l ly the impact of the People's Power League on Montana's po l i t ica l history. The de ta i l s necessary for such an in te rpre ta t ion go fa r beyond the range of th is study. More research is needed to discover the outcome of the League introduction of leg is la t ing social respons ib i l i ty , and the resul ts of i t s reform of the po l i t ica l process. But the information presented here on the People's Power League and i t s reforms inval idates the older assumption tha t progressivism was negligible in the State of Montana. Some information concerning the immediate aftermath, the reaction and res tora t ion of the po l i t ica l reforms, is c lear . The issues pursued by the League will be b r ie f ly summarized in his torical context in order to o ffer a ten ta t ive conclusion as to the value of the People's Power League's contributions. These highlights hope­ fu l ly will encourage fur ther research on these major issues. The success of the People's Power League's 1914 farm loans i n i t i a t i v e was short- l ived. In March of the following year Attorney General Kelly gave his opinion tha t the law . . in i t s en t i re ty , inoperative and void." Possibly in anticipation of th i s reaction, Fred Whiteside pushed another similar farm loans law through the 1915 leg is la tu re . Whiteside's farm loans law was quickly challenged 123 before the s ta te supreme court on the grounds that i t was " . . . obnoxious class l eg is la t ion ." The court refused to subs t i tu te i t s judgment for the voice of the people, and upheld the law, but declared unconstitutional an appropriation clause to underwrite the s t a t e ' s c red i t . Late in 1916 the court also reversed the attorney general 's opinion of the People's Power League farm loans, and the s ta te had two farm.loan programs in force simultaneously. By 1917 the s ta te had further stretched i t s c red i t by investing in the federal farm loans Iprogram. . The issue of the League's social responsib i l i ty program to aid the farmers had gradually gained popular acceptance. But l i t t l e did the League or other supporters of farm loans rea l ize tha t th e i r pro­ gram would bring the s ta te to the verge of financial ruin. During the I I "Text of In i t i a t iv e Farm Loans . . . Now Threatened by the Privilege Seeking In te re s t s , " Western News, January 15, 1915, p. 3; 'Governor Stewart and State Farm Loans," January 19, 1915, p. 2; "Farm Loans Void Says General. Kelly, . . . " March 12, 1915, p. I ; Laws, Resolutions and Memorials of the State of Montana Passed by the 14th Regular Session of the Legislative Assembly 1915 (Helena: State Pub­ lishing Co., 1915), pp. 486-491; "Notice Given of Senate and House B i l ls . . . ," Kali spell Bee, January 12, 1915, p. 2; "Farm Loans Bill" February 5, 1915, p. 2; "Compensation Bill Passed House, Whiteside Farm Loans Bill . . . ," February 19, 1915, p. I ; Senate Journal of the Fourteenth Legislative Assembly of the State of Montana 1915 (Helena: State Publishing Co., 1915), pp. 36, 502; Laws, Resolutions and Memor­ ia l s . . . 1915, p. 36; Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from January 24, 1916 to November TO, 1916 LU (San Francisco: Bancroft-Whitney Co., 1916), pp. 378-391 ; Reports of Cases . . . from November 10, 1916 to May 31, 1917 LTlI, pp. 18-32. years of abundant harvests and great demand for agricultural produce, a price cei ling on grain,denied the quick p rof i ts expected by farmers.. After World War I declining prices accompanied by severe drought bank­ rupt most of Montana's homesteaders. The s ta te foreclosed on.mortgages, but did not pay o f f th is monstrous debt completely until 1958. The resources of the s ta te were too small to deal with f inancial d isaster on such a massive scale. The League in i t i a t ed loans pr ior to the federal farm loan program, but only on a national scale could ,such a program work, When d isas te r struck one portion of the country, i t s 2 losses could be covered by prosperous harvests in another section. Gaining popular acceptance for social responsib i l i ty to the working class was a fa r more d i f f i c u l t problem. The League fa i led to leg i s la te workmen's compensation in 191.4, but the law promised by the State of Montana Advancement Association was no more of a success. . Although the leg is la tu re passed the company's b i l l in 1915, workers stood the en t i re cost of compensation, while taxpayers paid the cost of administration. Employers escaped.almost sco t - f ree with a meager 2 2Richard Brown Boeder, "Montana In the Early Years of the Progressive.Period" (Unpublished Rh.D d is se r ta t ion . University of Pennsylvania, 1971), p. 229: Interview, Miles Romney, J r . , May 2, 1975; Senate Journal of the Fifteenth Legislative Assembly of the State of Montana 1917. (Helena: State Publishing Co., 1917), SB38, p. 76; Laws, Resolutions and Memorials of the State of Montana Passed by the Fifteenth Regular Session of the Legislative Assembly 1917 (Helena: State Publishing Cd., 1917), p. 3. i ‘ 125 $5 to $50 fee for safety inspections. The law was optional , not man­ datory, and an employer could choose to sue in court under the old 1903 l i a b i l i t y Taw, retaining all the old-time defenses. The union's made numerous attempts to amend the compensation law through the l eg i s la tu re , and f in a l ly in 1920 they circula ted pe t i t ions for a new law. Again, due to industr ia l s t r i f e and fur ther complications aris ing out of the "Red Scare." the unions fa i led to get public support to put the measures on the ba l lo t . After years of corruption and fraud surrounding the administration of workmen's compensation, the 1975 leg is la tu re se t up a new workingmen's compensation law. The resu l ts 3of th is new program will hopefully be the subject of h is to r ica l study. Senate Journal . . . 1915, p. 397; Laws, Resolutions aind Memorials . . . 1915, 168-218; "Compensation Holds Attention of Solons," Western News, January 22, 1915, p, I ; "Elective or Compulsory," February 9, 1915, p. 2; "Test Vote in House Against Kelly B i l l , " Feb­ ruary 19, 1915, p. I ; "Compensation in Name Only," February 23, 1915, p. I ; "A Counterfeit Bill Says Senator Kane,: March 12, 1915, p. I; "A Counterfeit Bill . . . ," Western News, March 12, 1915, p. I ; "The Governor Vetos Leighton Law," Western News, March 2, 1915, p. 2; "Com­ pensation Bill Passes the House 69-24,1 Kalispell Bee, February 19, 1915, p. I ; Second Biennial Report: Department of Labor and Industry: State of Montana 1915-191-6 (Helena: Independent Publishing Co., n . d . ) , p. 8; Secretary of S ta te , I n i t i a t iv e F i les , 1920; Robert K. Murray, Red Scare: A Study in National Hysteria , 1919-1920 (Minneapolis: Uni- vers i ty of Minnesota Press, 1955); Arnon Gutfeld, "The Murder of Frank L i t t l e : Radical Labor Agitation in Butte, Montana 1917," Labor History, X (Spring, 1969), pp. 177-192; Reports of Cases . . .1916 LU, pp. 6- 12, 75; Montana Rules, Classif icat ions and Rates For Workmen's Com­ pensation and Occupational Disease (Helena: 3 Reporter Printing Co., 1971); Interim Study By the Select Committee on Workmen's Compensation (He!enal Montana Legislative Council ^ 1974). The Journals and Laws of the 1975 session were not avai lable a t the time of th i s study. 126 Aside from the problems the League faced re la t ive to leg is ­ la t ing social respons ib i l i ty , i t s grea tes t achievements were the po l i t ica l reforms of 1912. Although these reforms met no serious opposition, a t f i r s t , the reaction to amend or repeal them began as ear ly as 1915. Apparently the leg is la to rs were mostly reluctant to t inker with the people's laws, as they remained in tac t through 1918. Prior to the 1919 sess ion, however, Romney's old dream of a farmer- labor po l i t ica l coal i t ion threatened to become a nightmare for the po l i t ic ians in o ff ice . A group of radical farmers were courting rad i ­ cal labor support under, the t i t l e of the Non-Partisan League. Their combined voting strength could e ffec t ive ly dominate the primaries and throw the established po l i t ic ians out of the race. In an attempt to curb th is new th rea t the 1919 assembly repealed the primary, p res i ­ dential primary, six sections of the corrupt practices ac t , and even amended the I & R. The law required tha t an amendment to the const i­ tution be voted upon by the people, and, fortunately there were enough progressives in the leg is la tu re in i n s i s t tha t the other repeals have a public referendum also. The date for these referendums was set for September, 1919.^ "The Reactionaires Failed," Western News, March 23, 1915, p . 2 House Journal of the Fifteenth Legislative Session of the State of Montana 1917 (Helena: State Publishing Co., 1917), p. 7, HB8, p. 36, HB434, pp. 459, 600, HB288, p. 280; Senate Journal . . . 1917, SB62, p. 114; Fourth Biennial Report of the Department of Labor and Industry 1919-1920 (Helena: Independent Publishing Co., n . d . ), pp. 11-48; 127 . Governor Stewart, in a move to by-pass such a referendum and to fo res ta l l a primary elect ion in 1920, called a special session of the l eg is la tu re . Acquiesing to Stewart 's wishes the special session repealed the 1912 laws outr ight without cal ling for a referendum oh the repeal. I t j u s t i f i e d i t s high-handed policy by declaring the leg is la t ion ". . . to be an emergency law necessary for the immediate preservation of the public, peace and s a f e ty . " But the s t a t e ' s voters had learned how to use th e i r own power through the People's Power . League, and the people refused to take th is l eg i s la t ive coup without a f igh t . Suffic ient pe t i t ion signatures were gathered not only to cause a referendum on the repeals , but enough even to hold the repeals inoperative until a f t e r the referendum. In the general elect ion of "Who's Who in the Nonpartisan League: Also a compilation of quotations from persons and publications fr iendly to the League" (2nd ed. Helena: Montana Loyalty League, 1919); "How a Group of Radical Social is ts Planned a Campaign to Unite Farmers, Workers, Dreamers With 'Red' S o c i a l i s t s " ; "Nonpartisan League Secretary Writes Secretary of IWW," Helena Independent, February 16, 1919, p. I ; House Journal of the Sixteenth Legislative Assembly of the State of Montana 1919 (Helena: State Publishing Co., 1919), p. 13, HB143, p. 146, HB147, p. 153, HB233, p. 258, HB234, p. 258, HB268, p. 339, HB290, p. 363, HB403, p. 461; Senate Journal of the Sixteenth Legislative Assembly of the State of Montana 1919 (Helena: State Publishing Co., 1919), SB42, p. lOO, SB!24, p. 243, SB!28, p. 243, SB176, p. 363; Laws, Resolutions and Memorials of the State of Montana Passed by the Sixteenth Regular Session of the Legislative Assembly 1919 (Helena: State Publishing Co., 1919), pp. 161-162, 214; "Primary Bill is Thru House After Wrangle," Helena Independent, March I , 1919, p. I ; Laws, Resolutions and Memorials of the State of Montana Passed a t the Tenth Regular Session of the Legislative Assembly 1907 (Helena: State Publishing Company, 1907), p. 125. 128 1920 the voters wiped out the destruction of the 1919 special assembly and restored the 1912 reforms in i t i a t ed by the People's Power League.^ The salvaging of the primary laws in 1920 demonstrates that •the League's "educational campaign" increased public awareness, for the voters knew how to exert t h e i r power over the leg is la tu re . I t also a t t e s t s to the public fa i th in the primary elect ion as a. means of controlling the s t a t e ' s po l i t ica l future,, even though no dras t ic changes had been witnessed through i t s use. In yet another respect, the 1920 elect ion re i t e r a te s the theory tha t progressives coined them­ selves thus according to issues, ra ther than an all-encompassing p la t ­ form. Progressives united, to pass the reform measures in 1912, each believing tha t the laws would increase his po l i t ica l power, then sp l i t , on the issues of compensation and farm loans in 1914. Similarly they s p l i t again in 1920. In i t i a t iv e pe t i t ions c ircula ted tha t year , possibly even by the same group tha t sponsored the referendums, were 5 5House and Senate Journals of the Extraordinary Session of the Sixteenth Legislative Assembly of the State of Montana 1919 (Helena: State Publishing Co., 1910), SB30 and 32, pp. 54, 114, 128, 191; Laws, Resolutions and Memorials of the State of Montana Passed by the Extra­ ordinary Session of the Sixteenth Legislative Assembly.1919 (Helena: State Publishing Co., 1919), pp. 74-85; Secretary of S ta te , Referendum Fi les , 1920, Ref #15 and 16; E l l is Waldron, An Atlas of Montana Poli­ t i c s Since 1864 (Missoula: Montana State University Press, 1958), pp. 174-175, 186, 219, 376. 129 unable to accumulate su f f ic ien t support to get workmen's compensation on the ballot.® . The elect ion of 1920 is su f f ic ien t not only in respect to the people's protection of the primary laws, but especially in the i r . a b i l i t y to use them. The candidates chosen for the governor's race were neither company men, nor hard-core party regulars; they were the people's choice. Only a primary election made possible the nomination of such independent progressives as Burton K. Wheeler and Joseph NI. Dixon for the gubernatorial race. In l a t e r elections other such Montanans without party or company backing have u t i l ized the primary to garner public support. A few of these well-known personal i t ies 7include James E. Murray, Jerry O'Connell, John Evans, and Lee Metcalf. In the years following the f i r s t world war, popularized as the "return to normalcy," the pres ident ia l preference was again the subject of leg is la t ive .d ismantl ing . Unable to withstand the. opposition, former People's Power League member E. H. Goodman of Townsend, amended, the leg is la t ion in include a referendum on the repea l . Presidential preference primaries had never regained the urgency i t had in 1912 bArthur Mann, ed. The Progressive Era: Major Issues of In te r ­ pretation (2nd e d . , HinsdaTe, I l l i n o i s : Dryden Press, 1975), p. 31; Secretary of State , In i t i a t iv e F i les , 1920, In i t . #17. ^Waldron, p. 175;.Doris Ward, "The Montana Elections of 1920: The.Role of Burton K.. Wheeler" (unpublished seminar report , Montana State University, 1968), p. 3; Interview, Miles Rommey, J r . , May 2, :1975.V 130 when Roosevelt lo s t his bid for the Republican nomination. As a s ta te with few e lec tor ia l votes, Montana fa i led to a t t r a c t major personal­ i t i e s who would f i l e for the primary elect ion. The extra expense of two primaries, coupled with a lack of in te res t from within and without the s t a t e , convinced the voters to go along with the repeal of 1924.8 I t was not until 1956 tha t Montana held another presidential primary. In tha t year both the presidentia l and s ta te primaries were held together in June. The combination eliminated extra expense, but as before, major presidentia l contenders did not bother to enter the race. The leg is la tu re repealed the act before the next e lection. In 1974 the leg is la tu re revived the presidentia l primary, and the f i r s t e lection will be held in June of 1976. I t is d i f f i c u l t to predict the outcome of such a primary, but the s i tua t ion has not changed much since 1924. S t i l l a s ta te of small e lec tor ia l votes, the prospects for a t t rac t ing presidentia l hopefuls are not great . As with farm loans and *1 8House Journal of the Eighteenth Legislative Assembly of the State of Montana 1923 (Helena: State Publishing Co., 1923), HB8, pp. 11 ,. 186, 231 ; Waldron, pp. 155, 174, 210. The Presidential Preference Primary was repealed by a referendum vote of 77,948 fo r , and 57,540 against . 131 direc t elect ion of senators, the presidentia l primary requires reform g - on the national l e v e l . .. To imply tha t Montana had no progressive movement, or to deny tha t i t was of.consequence, is to ignore, the h is to r ic importance of the People's Power League. The League was the f i r s t group successfully to make use of the I & R clause of the const i tu t ion . The League accom­ plished the f i r s t major overhaul of the po l i t ica l process of the s ta te with i n i t i a t i v e laws for d i rec t election of senators., presidentia l and vice presidentia l primary, and especial ly the d i rec t primary elect ion. The League also can be credited with the f i r s t serious attempt to clean up po l i t i c s in the s ta te with the corrupt practices ac t . And of equal importance, the League recognized and advocated leg i s la t iv e social responsib i l i ty in the drive for farm loans and workmen's compensation. . From 1911 to 1914 the People's Power League formed a se l f - appointed, constant vigilance committee, keeping track of important leg is la t ion within the s ta te and nation. I t cumulated and published data re la t ive to major issues and informed the public of the problems and th e i r power to deal with them. The League's program was the f i r s t 9 9Senate Journal of the Thir ty- th ird Legislative Assembly of The State of Montana 1953 (Helena: State Publishing Co., 1953), SB207 pp. 96, 557; Waldron, p. 375; Laws, Resolutions and Memorials of the State of Montana Passed by the Thir ty-sixth Legislative Assembly in " Regular Session 1959 (Helena: State Publishing Co., 1959), pp. 676- 679; "Montana Election '76: a peek a t the fu ture," Bozeman Chronicle, June 8, 1975, pp. I , 8. 132 major attempt of a po l i t i c a l ly oriented group to form a. posit ive pro­ gram to implement solutions to problems. The League's success in accomplishing i t s goals of pol i t ica l reform may be seen, from an h is tor ica l standpoint, as a substancial challenge to company power in Montana. Thus the information revealed in th is study should bring us to a re-evaluation of the history of progressivism in the s ta te . Yet, i ron ica l ly , while research on the People's Power League forces us to refute a t rad i t ional in te rpre ta t ion , the League i t s e l f played a substant ial role in creating the same t r a d i ­ tional view of Montana po l i t i c s . I t did th is by perpetuating the myth . of an a l l powerful company tha t kept a strangle-hold on the s t a t e ' s po l i t i c s . The League was not the original source of th is myth, which began before the turn of the century and continues today, but i t s propaganda gave tremendous impetus to the notion. According to the progressive League leaders, the company defeated the wholesome reform measures in the leg is la tu re through an a b i l i t y to hand pick the representatives in the nominating conventions. This cry of company rule and corruption served as a ra l ly ing point for a l l c i t izens who wanted a voice in po l i t ica l a f f a i r s , or who desired to clean up s ta te po l i t i c s . In the past , the company had become a scapegoat for all that was evil in a moral is t ic society. Blinded to the real problems of an expanding s ta te , the greater e f fo r ts were expended denouncing the 133 company, ra ther than coming to grips with i t . With-a program for po l i t ­ ical reform, the League struck a blow a t the base of the company power. The fa i lu re of the workmen's compensation i n i t i a t i v e , the f ight against farm loans, and the reaction to the po l i t ica l reforms l a t e r in the decade, a l l suggest tha t the League was not en t i re ly successful in i t s a ttack upon the established power. Yet the defeat of the reaction within the leg is la tu re shows tha t th e i r power was con­ siderable. League members never distinguished between conservative oppo­ s i t ion and company power. Without knowledge of personal ideologies or corporate connections i t is d i f f i c u l t to make such a d is t inc t ion from be t te r than a half-century vantage point. This leaves the alleged monolithic power of the company as an enigma. Perhaps one day the papers of the Anaconda Copper Mining Company can be studied to determine the extent of th e i r control over Montana's po l i t i c s . Then, the accomplishments of the People's Power League can be re-evaluated in l igh t of a d i f fe ren t perspective. CONCLUSION The People's Power League was a group of concerned c it izens who organized in 1911 to i n i t i a t e laws to reform the po l i t ica l process. The term "People's" s ignif ied a membership which included Democrats, Republicans, Progressives, Soc ia l i s t s , and Laborites. Professionally they were newspapermen, lawyers, judges, bankers, doctors, merchants, public employees, farmers, cattlemen, and union laborers. With repre­ sentat ives from each county, they succeeded in gaining signatures to place four i n i t i a t i v e s on the 1912 ba l lo t . These four measures, the f i r s t under Montana's const itut ional amendment.for the i n i t i a t i v e and referendum, were: d i rec t elect ion of senators, d i rec t primary e lect ion , presidentia l and vice presidentia l . preference primary, and a corrupt practices act . These laws were designed to remove po l i t ica l power from special corporate in te res ts and th e i r servants, and give i t to the people. The four to one support received by the League's leg is la t ion in the 1912 election demonstrated the a b i l i ty of the issues to transcend economic, p o l i t i c a l , and geo­ graphic divisions within the s ta te . The po l i t ica l reform laws of the League were neither new nor radical . These measures were f i r s t introduced, to the leg is la tu re by the Populist or People's Party two decades e a r l i e r . Gradually, the . issues gained popular acceptance, while the leg is la to rs continued to r e s i s t laws tha t would l imit the prerogative of the party convention 135 leaders who placed them in power. The program of the League was but to unite the. people already favoring the leg is la t ion and to provide the Vehicle through which the pe t i t ions for reform were c irculated. In 1914 the direction of the League changed to leg is la t ion of social respons ib i l i ty . Industr ial accidents had caused such serious deprivations tha t the League sponsored a workmen's compensation act to a l l ev ia te dis tressed conditions. In the same year the group also in i t i a t ed a law for low in te res t loans to help Montana's new home­ steaders es tab l ish themselves in agricul ture . These two issues were r e la t ive ly new in Montana, and had not experienced the public i ty tha t could lead to general acceptance. The campaign was not ju s t an e f fo r t to unite support and c i rcu la te p e t i ­ t ions , but one of propoganda to persuade voters to take on a new responsib i l i ty . The leaders of the People's Power League believed tha t the two in i t i a t i v e s were an " i r re s i s tab le combination," and tha t they would coalesce farmer and labor elements behind th e i r organization. This was not the case. The Anaconda Copper Mining Company fought workmen's compensation by turning farmers against i t . The farmer was, as the company reminded him, an employer of labor. The compensation i n i t i a t i v e was defeated in the general e lec t ion , pa r t ly due to the impact of the company's adverse public i ty , but also because of radical labor problems which resulted in martial 136 law in Montana's la rges t industria l c i ty . The voters looked upon the working class not as c i t izens who needed the i r support, but as the enemy from whom they needed protection. The workingmen, however, did not desert the farmers on the farm loans measure, which succeeded, in becoming Taw. . The opinion of the attorney general tha t the law was unconstitutional sparked a rash o f new leg is la t ion and court b a t t l e s , leading to the ultimate acceptance and practice of the law. ■ The League considered the farm loans law a major victory, but i t s provisions were hardly su f f ic ien t to aid the. farmers through the period of drought tha t spread across the s ta te . The rhetor ic of the League indicates tha t they were fighting what they believed was the po l i t ica l domination of the s ta te ,by cor­ porate power. Measured by th e i r own standards, the League was suc­ cessfu l , especial ly in the.adoption of the primary election law. Many of Montana's po l i t ic ians have risen to position of t r u s t through the people's support and without company or party backing. This was not . possible under the old convention system. As a progressive organization the League's support in 1912 was d i rec t ly rela ted to the issues of po l i t ica l reform. Regardless . of c la ss , party or economic s ta tu s , the voters believed pol i t ica l reform would increase th e i r power a t the ba l lo t box. The program of the League was well organized and c lear cut.. The purpose was to decrease the power of the company in the s t a t e ' s po l i t ica l a f fa i rs and make the representa t ives.responsible to the people who elected them. According to the progressive t r ad i t ion , the reform of 1914 was designed to aid specif ic segments of society, yet not a t the expense of a l l . Such laws were opposed as "obnoxious class l e g i s l a t i o n . " The idea of leg is la t ing social responsib i l i ty was alien to a s ta te of tremendous natural wealth, whose s e t t l e r s had always made i t on. the i r own. ' In retrospect the s ign if ican t contribution of the People's Power League was i t s reform of the po l i t ica l process in 1912. For t h i s , the League deserves a position in the history of the State of Montana. . 137 BIBLIOGRAPHY I . Primary Sources A. Public Documents ■ T. Federal U. S. Congress. Senate. The Constitution of the United States of . America: Analysis and In terpreta t ion: Annotations of Cases Decided By the Supreme Court of the United States to June 29, 1972. Sen; Doc. 92-82, 92nd Cong., 2nd s e s s . , 1973. . , 2. State of Montana Montana. 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Montana: An Uncommon Land. Norman: University of Oklahoma Press, 1959. ________ . Twentieth Century Montana: A State of Extremes. Norman: University of Oklahoma Press, 1972. Waldron, E l l i s . An Atlas of Montana Po l i t ic s Since 1864. Missoula: Montana State University Press, 1958. Wiebe, Robert H. The Search for Order 1877-1920. New York: Hi11 & Wang, 1967. B. Articles Bates, J. Leonard. 11T. J. Walsh: Foundation of a Senatorial Career." The Montana Magazine of History, I (October, 1951), 23-34. . "Thomas J. Walsh: His ‘Genius for Controversy.1" Montana the * Magazine of Western History, XIX (October, 1969), 2-15. Filene, Peter G. "An Obituary for 'The Progressive Movement,1" American Quarterly, XXII (Spring, 1970), 20-34. Fi te , Gilbert C. "Peter Norbeck and the Defeat of the Nonpartisan League in South Dakota." Mississippi Valley Historical Review, XXXIII (1946), 217-236. Foner, Philip S. "United States of America Vs. Wm. D. Haywood, et a l : The I. W. W. Indictment." Labor History, XI (4, 1970), 500- 530. Grant, Frank. "Rocky Mountain Husbandman: Embattled Voice of the Montana Farmer." Montana the Magazine of Western History, . XXIV (Apri l , 1974), 34-43. 149 Gutfeld, Arnon. "The.Murder of Frank L i t t l e : Radical Labor Agitation in Butte, Montana, 1917." Labor History, X (Spring, 1969), PP. 177-192. Hall, Tom G. "Wilson and the Food Cris is : Agricultural Price Control During World War I ." Agricultural History, XLVII ( I , 1973), 25-46. Johnson, Dorthy M., ed. "Three Hundred Grand." Montana the Magazine of Western History, X (Winter, 1960), 40-50. Larson, T. A. "Montana Women and the Batt le for the Ballot: Woman Suffrage in the Treasure S ta te ." Montana the Magazine of Western History, XXIII (January, 1973) , 24-41. Rader, Benjamin G. "The Montana Lumber Strike of 1917." Pacific . Historical Review, XXXVI (May, 1967), 189-207. Roeder, Richard B. "Montana Progressivism, Sound and Fury--And One Small Tax Reform." Montana the Magazine of Western History, XX (Autumn, 1970), 18-26. . "Who Was Jerre Murphy?" Proceedings of the Montana Academy of Sciences, XXVI (1967), 82-86. Rutten, Richard T. "Senator Burton K. Wheeler and Insurgency in the 1920's." The American West: A Reorientation, Gene M. Gressley, ed. University of Wyoming Publicat ions, XXXIII (1966), 111- 131, 164-172. Saloutos, Theodore. "The Montana Society of Equity." The Pacific Historical Review, XIV (December, 1945), 393-408. . "The Rise of the Non-partisan League in North Dakota, 1915-1917." Agricultural History, XX (1946), 43-61. Snedecor, Marie. "The Homesteaders: Their Dreams Held No Shadows." Montana the Magazine of Western History, XIX (April, 1969), 10-27. Toole, K. Ross. "Rebuttal: When Is a Reform a Reform?" Montana the Magazine of Western History, XX (Autumn, 1970), 27. Ward, Ralph E. "Wheat in Montana: Determined Adaptation." Montana the Magazine of Western History, XXV (October, 1975), 16-37. 15.0 C. Unpublished Materials Bates, James Leonard. "Senator Walsh of Montana, 1918-1924: A Liberal Under Pressure." Unpublished Ph.D. d is se r ta t ion . Chapel Hill: University of North Carolina, 1952. Evans, Robert Emlyn, "Montana's Role in the Enactment of Legislation ^ Designed To Supress the I . W. Wf" Unpublished M.A. thes is , Missoula: Montana State University, 1964. Gutfeld, Armon. "The Butte Labor Strikes and Company Retaliation During World War I ." Unpublished M.A. thes is , Missoula: University of Montana, 1967. Hendricks, Kathleen L. "The People's Party of Montana 1892-1893." Unpublished Seminar Report, History 505,. Bozeman: Montana State University, Summer, 1974. Roeder, Richard Brown. "Montana In the Early Years of the Progressive Period." Unpublished Ph.D. d is se r ta t ion , Philadelphia: University of Pennsylvania, 1971. Rutten, Richard T. "Burtpn K. Wheeler, .1902-1925: An Independent Liberal Under Fire ." Unpublished M.A. th es is , Eugene: University of Oregon, 1957.. Smith, Norma. "The Rise and Fall of the Butte Miners Union, 1878-1914." Unpublished M.A. th es is , Bozeman: Montana State College, 1961. Vinson, Edrie. "Montana's Senator Henry Lee Myers: The Company and the Red Scare ." Unpublished Seminar Report, History 515, Bozeman: Montana State University, Winter, 1975. Ward, Doris. "The Montana Elections of 1920: The Role of Burton K. Wheeler." Unpublished Seminar Report, History 480, Bozeman: Montana State University, Spring, 1968. Wetzel, Kurt. "The Making of an American Radical: Bill Dunn of Butte." Unpublished M.A. th e s is , Missoula: University of Montana, 1970. MONTANA STATE UN IVERSITY L IBRAR IES