SEC. 5. This act to take effect and be in force from and after its approval by the governor. APPROVED February 4th, 1864. : AN ACT Authorizing A. J. Mallet, his associates and assigns, to construct an Electro Telegraph Line, between a point on Snake river opposite the junction of the boundary lines of the State of Oregon and the Territory of Washington, to the dividing line between Idaho Territory and Utah Territory. Be it enacted by the Legislative Assembly of the Territory of Idaho as follows: SECTION 1. That the right and privilege be and the same is hereby granted to A. J. Mallet, his associates and assigns to construct and put in opperation an electro telelegraph line from a point on Snake river, opposite the junction of the boundary lines between the state of Oregon and territory of Washington, by the way of Placerville, Bannock City, in Boise county, to the dividing line between Idaho territory and Utah territory, following the nearest and most practicable route leading from the point aforesaid, on Snake river, to Salt Lake City in Utah territory, with the right of way over any lands under the control of the authorities of the territory of Idaho, and over and along any streets, alleys, public roads or highways or over any water courses; provided that no obstruction is made to travel on the public highway or to navigation by the erection of said electro telegraph line. SEC. 2. This line when constructed shall be bound to do the business of other lines connected therewith, but no other line shall do business over this line (except by agreement) between the points before named, or intermediate points or places. SEC. 3. This line shall be bound to transmit all dispatches, in the order in which they are received, under a penalty of one hundred dollars to be recovered with costs of suit by the person or persons suffering damages therefrom; Provided, however, That an arrangement may be made with the proprietors or publishers of newspapers for the transmission of intelligence of a general character, out of the general order, when intended for publication; and Provided, further, That in case of war or insurrection, preference shall be given to the despatches of officers of the army and navy of the United States, when such despatches relate to their official duties, and preferences shall be given to the sheriffs and other officials for the transmission of intelligence having for its object the capture or apprehension of criminals or fugitives from justice. SEC. 4. The party named in the first section of this act or his associates or assigns, shall proceed within one year from the passage of this act, to incorporate themselves under its provisions, by giving notice through the columns of at least one newspaper printed in this territory, of the first meeting of the stockholders, stating the time and place when said meeting will be held. SEC. 5. The management of this company shall be vested in five directors, to be chosen by the stockholders, who shall hold office for one year, and until their successors are elected and qualified, and a majority of said directors shall constitute a quorum to do and transact all business, to elect a president of the board who shall be president of the company, and they shall have power to elect a clerk and treasurer and such other officers or agents as they may determine, and said board of directors shall have power to make all such rules and by-laws as they shall see fit, not repugnant to the laws of congress or of this territory. SEC. 6. The annual meeting of the stockholders of the corporation shall be held on the day prescribed by the by-laws and at such place as the directors for the time being shall appoint, or the by-laws prescribe. SEC. 7. The capital stock of this corporation shall be any sum not exceeding one hundred thousand dollars, in shares of hundred dollars each, and whenever the sum of five thousand dollars shall be subscribed to the capital stock, the corporation shall have power to make assessments, collect the same, and proceed to the erection or construction of the line; Provided, That the work necessary to the construction of this line shall be commenced within twelve months from the passage of this act; and Provided, further, That the line shall be completed within five years. SEC. 8. This act to take effect and be in force from and after its approval by the governor. APPROVED, February 2d, 1864. JOINT RESOLUTION. Resolved by the House of Representatives, the Council concurring herein, That the town in Boise county heretofore known as Fort Hogem be, and the same is hereby changed to the name of Pioneer City. APPROVED, January 4th, 1864. MEMORIAL. For a Military Road connecting the navigable waters of the To the Honorable, the Senate and House of Rapresentatives of the FIRST. That the territory of Idaho is traversed by the great chain of the Rocky mountains and the lesser chain of the Bitter Root mountains, which form barriers both difficult and formidable to travel, and therefore require an outlay of money to render transit easy from east to west, more than the infantile resources and unorganized condition of our population will warrant us to expend for several years hence. SECOND. That the construction of a good wagon road from the forks of the Missouri, on the east, to the junction of Snake and Clearwater rivers, on the west, would not only be of great service, in a military point of view, to the government of the United States, but would also confer incalculable advantages upon the people of the Northwestern States and the North Pacific States and Territories, and, from its proposed route, would tend to bind the two eastern and western sections of the Union more firmly in sympathy, agricultural, mining, and commercial interests, than any other route across these great chains of mountains. THIRD. That there now exists regular steamboat navigation upon the Columbia and its tributary, the Snake, as far east from the Pacific ocean as the mouth of the Clearwater, during several months in each year. FOURTH. That navigation of the Missouri for steamboats, as far west as Fort Benton, has been tested by the ascent of steamers to that point. FIFTH. That recent explorations have demonstrated the existence of equally good navigation of the Missiouri after passing the falls, above Fort Benton, as far as the Three Forks; and already a company is organized for the purpose of constructing a railroad portage around these falls. SIXTH. That a wagon road constructed from the mouth of Clearwater to the Three Forks of the Missouri would become the nearest connecting link between these waters, which can ever become a great thorougfare of travel between the East and West; and the entire length of the this route would not exceed three hundred and fifty miles, and would lie a little north of the forty-sixth parallel, and between the thirty-fourth and fortieth meridian of longitude west from Washington. And your memoralists would further represent that the construction of this road is entirely practicable, and at a cost of one-half the amount expended in the construction of the road opened by Lieutenant John Mullen from Fort Benton to the Columbia river. In support of this representation, your memorialists would call the attention of your honorable body to the following facts, which have been demonstrated during the past year to the citizens of this territory, and which are now beyond further controversy, to-wit: FIRST. From Gallatin City, at the Three Forks of the Missouri, westward, the country is open and rolling, and a practicable, though natural wagon road already exists along the whole route, through Big Hole and Ross passes, and across to the west side of the head of Bitter Root valley. SECOND. From the mouth of Clearwater river, the country is open table land for a distance of ninety miles eastward along this route, and seventy-five miles of wagon road is already open and traveled upon by loaded wagons. : THIRD. There remains of this entire distance, over which wagons cannot now pass with ease and rapidity, but one hundred and twenty-five miles; and of this remainder, numerous intervals of five, ten and fifteen miles, in all, more than onehalf the distance, no grading will be required, and no standing timber will obstruct; the remaining half will require both the removal of standing timber and occasional grading around abrupt points of hills, in order to complete a good practicable wagon road. FOURTH. The most difficult portion of this route was frequently traveled the past season by large trains of horses and mules, each laden with goods to the amount of from two hundred and fifty to four hundred pounds weight. FIFTH. With the exception of about seventy-five or eighty miles, along the whole route from the mouth of Clearwater to Gallatin City, there exists arable lands, some of which are rich and capable of sustaining a dense population; and with the exception of one hundred and twenty-five miles of the distance along the whole route, stock can range and support themselves through the entire year without human aid. SIXTH. This entire route, with the exception of eighty miles, is regularly traveled in mild winter by both horsemen and footmen. In the opinion of your memorialists, an appropriation of fifty thousand dollars, judiciously expended, would be ample to construct and open this road; and when once opened, the enterprise of our people would be sufficient to keep it open and in repair; so that, for nearly every month in each year, it would become an extensively traveled highway, and confer exceedingly great and permanent advantages upon the people of the Union, not only as a means of military defence, but as greatly stimulating commerce between the east and the west. For the construction of this road, at an early period, we, your memorialists, as in duty bound, will ever pray. APPROVED January 8, 1864. : MEMORIAL To the Secretary of the Interior, praying a Treaty to be made with the hostile Indians of Yellowstone and vicinity. To the Honorable, the Secretary of the Interior of the United States: Your memorialists, the Legislative Assembly of the Territory of Idaho, respectfully represent: FIRST. That the valleys of the Yellowstone and its branches comprise an extensive tract of valuable land, well adapted to cultivation, highly fitted for stock growing, and in every respect inviting to the industrial pursuits of American enterprise. SECOND. That the mountains from which said river and its numerous affluents flow, are known to contain deposits of |