Do Not Beat your Neighbors

When Alex Porter’s father George Porter died, John Rains was named administrator of his estate, but The Mail carried a notice on July 16, 1896 regarding the sale of the George Porter 160 acre property stating A.H. Porter was the Administrator. This homestead was located in Section 22, Range 15 W, Township 5N which locates it on the East Fork of Rock Creek. This is pertinent because A. H. had a ranch near that location also. There is nothing in the newspapers about who bought this property. 

Always the prospector, Alex and James P. Valley had discovered the Granite Bell Syndicate made up of the Granite Belle, Lehigh Fraction and Buckeye that assayed at 4,378 ounces in silver and the New Northwest stated in April 1887 that Porter et al was given a $100,000 bond for the deed by James Patten. By January 1888, The Mail stated St Louis capitalists had paid $75,000 for the claims located 1200 feet north of Granite Mountain with James Patten in charge of working the claims. 

By July 30th Alex and George Rowe (Roe) had found a gold lead 100 feet wide near Gibbonsville, Idaho and a silver lead with copper and gold close by. Then in August Alex was busy with rich claims in the Blackfoot country north and slightly west of Drummond. There were 13 claims in all known as the Tiger and Copper Groups and Porter said they assayed as high as 50 to 80 percent copper to the ton. He announced he had a big company behind him and the area “will be another greatest mining camp on earth.” 

In 1893 Porter was going to plant carp in the fishless Potato Lakes. Two lawsuits: Porter vs Newt Schillings and Porter et al vs Claud Duncan were stricken from the court calendar and Lockey McDonald and Porter had a bare-fisted fight in a basement on Broadway that lasted nearly one hour and stopped when both agreed to call it a draw on August 4,1893. Some misunderstanding had existed between the two for a long time. 

Then on August 10 “The McPhail vs Porter trial began after Archie (married to Annie Porter) swore out a warrant for Alex’s arrest. Archie was living on a ranch adjoining Alex’s and to reach their home in coming and going it was easier to cross Porter’s land. Porter decided this was no longer going to happen and proceeded to thrash McPhail with a heavy strap. Two men traveling the road pulled a gun and fired a shot with Porter firing back and the men rode on. Porter then continued thrashing McPhail until he agreed to not cross this way again. Porter lost the jury trial; was fined $10 and court costs. Porter took the case up to the State court and lost there also in May 1894. 

Alex was foreman of the Henderson Mine and was presented with a fine shot gun and leather case by Charles McLure, in 1895. In 1897 he was working the Gold Dust Placer’s in the Moose Lake District.  

The final feud was detailed in the Citizen Call and Philipsburg Mail the last of June 1897. “The final net in a series of troubles between A. H. Porter and H. A. Conn…came Monday night when the latter shot the former to death in the Crystal saloon (with) a 44 caliber Smith and Wesson.” About two months prior two Porter employees brought suit against Porter for wages amounting to $109. Harry Conn was a witness for the men and Porter was less than pleased. Porter then began abusing and terrifying Conn. Conn had bought a ranch from Porter and did not receive a title to it. Conn decided to round up his cattle and leave the country. When Conn began travelling down the public road with his cattle, Porter chased him with a gun and a tug rope. After much abuse Conn rode around the property and came to town to swear out a warrant against Porter. The next day, Porter had a surveyor come out to survey a road right through the middle of Conn’s house. Conn went to town to see a lawyer about the road on Monday and Porter kept following Conn around town. Finally the two ended up in the saloon where Porter slapped Conn and made a motion like he was pulling a gun. Conn pulled his gun and fired hitting Porter four times. Conn gave himself up to the sheriff and Porter died soon after. 

Justice of the Peace J. B. Miller reviewing testimony “decided insufficient evidence” and Conn was released from Jail. The moral of the story: Do not beat your neighbors. Witnesses may not provide sufficient evidence to convict the neighbor who killed you.

Pioneer , Pugilist, Teamster, Lawman and Prison Warden

Another man who was a pioneer of Montana and Deer Lodge/Granite County was my children’s Great-great-great grandfather, Hugh O’Neil. Born in Loughgee County of Antrim in Northern Ireland in 1831, he was proud of his family lineage and claimed descent from Red Hugh O’Neill. Hugh told his grandchildren of the banner of the O’Neil’s emblazoned with a bloody hand, and their battle cry “Red Hand to Victory”. 

In preserved Montana history, the first mention of his name is in The Historical Sketch of Louis Maillet, which stated: Maillet spent the summer of 1857 in the Bitter Root, part of the time working on the new Fort Owens. In November, Hugh O’Neil and a man named Ramsey came from Walla Walla, on their way to Fort Bridger. They wished to reach Colonel Johnson’s (Johnston’s) command, but were ignorant of the way, and moreover were afraid of the Mormons.. O’Neil and his party therefore engaged Maillet to guide them to Fort Bridger. (In the course of travel they met Jacob’s) ….Jacobs gave such a terrible account of the Mormon scouting parties that O’Neil and his companions became discouraged and decided not to go on…O’Neil and Ramsey concluded to remain with Jacobs. This account is continued in A Sketch by Frank Woody, stating: …in the fall of this year, Hugh O’Neil and a man named Ramsey, came to Hells Gate from the Colville mines on the Columbia River, and were employed by Mr. Brooks to put up two buildings with the timber cut the previous winter. 

The National Archives for Military Service Records was unable to find any record of service by Hugh O’Neil. He was referred to as Major which probably occurred because he was a freighter out of Fort Laramie, Salt Lake and Fort Floyd. Records show he ran an account at Fort Floyd at the same time as Fred Burr and Tom Adams. 

All accounts, affirm that Hugh was a man of large proportions and possessed great strength and fortitude. This fact is further evidenced in his bare fisted boxing match with Con Orem, in Virginia City on January 2, 1865. A round by round description of all 185 rounds can be read in the historical writing titled The Frightful Punishment, (Warren J. Brier, 1969). The research for this book came from the published description of the pugilists endeavor written round for round by a reporter for the Montana Post, January 3-4, 1865. 

Hugh was a true pioneer and as such, a politician and negotiator. One such instance where his skills were instrumental was in 1863 at Grasshopper Gulch. The story goes that he problem solved a rumor started by two Frenchmen that about two hundred Bannack Indians were stealing from a small group of miners. Fearing that the Indians would go on the warpath a relief party was sent out to escort a freighter outfit from Salt Lake that was due with sorely needed supplies. Hugh was elected Captain of the group. When they came upon a group of Indians, all disappeared except three, which included Pete and Jim, two Indians that had been employed with the freighter company. Buck Stinson and the other road agents in the party wanted to execute the Indians right there. Stinson it was believed would have killed O’Neil with a stray bullet during the execution. O’Neil was aware of the danger and the fact that the killing of the Indians could lead to an Indian war. O’Neil was able to convince all of the group, but the road agents, that the Indians were innocent and should not be killed. The Indian war was prevented, but the road agents did not forgive Hugh O’Neil. One of them later tried to kill him, during a boxing match in Helena. This story was cited in full in the February 27, 1895 Anaconda Standard. 

Hugh was a devote Catholic, and credited with finding a place for Christmas Mass at Virginia City in 1865. The story told many times was documented in The Montana Magazine of History. Hugh O’Neil felt “it would be an everlasting shame if the Catholic religion could obtain no place for worship on Christmas Day”. Hugh went to the Acting Governor, Thomas Meagher and they formed a plan. By the end of the day, they found a building, remodeled it so well that it could no longer be a theater, and notified everyone in the area of the upcoming mass. The citizen’s of Virginia City and the surrounding area had a Christmas Mass in 1865, and had a church established and paid for by raw gold mined from this virgin earth, after the collection plate bought the building. 

Hugh O’Neil ran for Sheriff of Deer Lodge County in 1865, and the election results were: Hugh O’Neil 788, Fred Burr, 835, C.S. Williams, nineteen. Newspaper articles state he served as Deputy Marshall for Missoula County (May 18,1874, Helena Herald) and as Warden of Deer Lodge Penitentiary (The River Press, June 29, 1881; New Northwest , November 25,1881). The June article states he was a guard at the prison before his appointment as Warden. Hugh also provided support for the Missoula sheriff as evidenced in this news item: “Fight or Run---Last week W. C. Taylor took it into his head that he could run the town. He managed to do so until shut off by Hugh O’Neil and Sheriff Pelkey…He was put under $500 bonds for assault with a deadly weapon and disturbing the peace (Missoula Pioneer, February 2, 1871)”

Family history says Hugh killed an Indian while trying to bring him into custody during his service as the Indian Agent in Missoula Montana in 1871. The fact he was an Indian Agent has not been verified. 

Hugh married Margaret Pitt Meredith in 1858. She was born to Joseph Meredith from London, England and Marguarite Pitt Meredith from Wales, in Glen Morganshire, Wales, on June 18, 1844. Accounts in Montana historical documents of Margaret’s death cite they came to Montana by horseback in 1858. She is credited with being the first white woman to ride into Montana on horseback. The family story is that Margaret’s family was on a wagon train coming west, when they were attacked by Indians in what was believed to be present day Colorado. The only survivors were some of the young members of the wagon that had been hidden in the woods. These survivor’s, including Margaret were picked up by a Mormon wagon train and “one of the Mormon men wanted to add her to his already numerous list of wives.” The army was sent out to protect the wagon trains after the Indian attack and found the children, with the Mormon’s. They were taken back to Fort Bridger, where Margaret began a relationship with Hugh. They were married in Fort Bridger in 1858, by the military, then a Methodist minister they encountered (at an undocumented date or place) and finally by a Jesuit Priest. I assume that the Priest was Father Giordia in Virginia City. An article in the Butte Miner, January 24, 1915, declares her the first white woman in Montana, which is not true. 

                                                                Margaret O'Neil

Margaret and Hugh had eight children: Jane, John, Mary Ellen (Ellen), Hugh, Mary, Adelaide or Adaline (Addie), Elizabeth (Liddie), and William (Willie).Willie died at the age of three years and five months, in 1877, from pneumonia. He is buried in the Philipsburg cemetery. Hugh and Margaret separated some time after moving to Philipsburg in 1875. and Hugh apparently lived in Philipsburg with daughter Jane and John Hickey, and in Deer Lodge. 

The New Northwest, in Deer Lodge stated: “Mr. Hugh O’Neil and H. S. Neal are building substantial residences. The latter is on the west side, near the bridge, and the former in the southern part of town”, on July 15, 1881. In the Philipsburg items of The New Northwest, in 1882 was the statement: “…now under our new and elegant Kaiser House is the billiard hall and sample rooms presided over by Herman K., who as a very apt pupil of Hugh O’Neil, has attained such admirable proficiency, in the manly art as to make himself a terror to amateurs in the fist cuff line.” Then in October 1884, Hugh and Margaret were summoned for the sum of $700.00 for lack of payment on Lots 11 and 12 in Block 60 with improvements, at Deer Lodge, by Peter Valiton (New Northwest). The sheriff sale of the property has not been found. 

Hugh, died of cancer at St. Patrick’s Hospital and was buried February 23, 1895, at St. Mary’s Cemetery in Missoula, Montana. The Democrat obituary had Hugh’s last name misspelled as O’Neal, but the history recited belonged to O‘Neil. “The deceased was a man of powerful frame in his younger days and many are the feats of strength, heroism, and endurance credited to him by his old time friends.” The February 28, 1895 P’Burg Mail, described Hugh’s funeral and family members that attended: “Mrs. L.C. Degenhart (Ellen) and sister Lydia O’Neil went to Missoula last Friday to attend the funeral of their father, Hugh O’Neil who died in the Sister’s hospital in that city last Thursday at the age of 64 years. The deceased was one of the best known pioneers of Montana having come to the state in 1861 (1857), and has ever since been associated with Montana history.

The Pioneering Hynes Family

 A prominent miner, businessman and rancher of Granite county was Thomas Hynes. Born in County Galway, Ireland, Tom came to America as a small boy and the family located in Kentucky, then moved to California during the gold rush. Tom arrived in Montana during 1864 or 1865 and mined at Cedar Creek. His next move was to Cable and then Philipsburg where he built Hynes Hall in 1867. (I am not certain if the Hynes Hotel [House] ended up located in the same building. The Hynes Hotel is drawn on the Sanborn Insurance maps beginning in 1889 and located in the third building on the North side of Broadway immediately west of the James Stuart/Hope Mill site.) 

 The Hynes House was built as a boarding house in 1880 and was operated by Honora Hynes (Tom’s sister-in-law) until the silver crash in 1893. This building was bought and renamed the McGurk House sometime after 1893 and rooms were rented there until 1930. Honora died at the age of eighty July 13, 1911 and is buried at the Philipsburg cemetery. 

Mining property acquired by Tom is evidenced in the newspapers such as the sale of claims owned by Tom, John Whiting and William Burke to the Gold Coin on July 25, 1895. The actual sum of the sale was not published in the P’Burg Mail article. During the probating of Tom’s will at least three city lots were auctioned at Sheriff sales from claims by the Merchant and Miner’s bank. Numerous mining claims were taken over by his nephew Thomas F. Hynes. 

The Citizens Call newspaper stated Tom died at his ranch two miles south of town after being ill only a few hours on September 29, 1895. He was 63 according to his obituary but 64 according to his headstone. Survivors were nieces, Mrs. George H. Hancock, Mrs. Ed Moore and Miss Katie Hynes and nephews: Thomas F. Hynes and William P. Hynes. Nephew Thomas F. Hynes applied for letter of administration in the estate of Thomas Hynes according to the October 23, 1895 Philipsburg Mail. 

Thomas F. Hynes arrived in Philipsburg in 1877 from Louisville, Kentucky. Born to Peter and Honora (Fahey) Hynes, Tom was the oldest of seven children. Mother Honora and at least three siblings also moved to Montana. Tom’s bride to be Annie M. Schwartz (1859-1938) arrived from Louisville early in 1878. Their marriage took place on October 15, 1878. 

For the first six years Tom worked in the mines around Philipsburg then took up mining on his own and accumulated a number of very good claims. They also owned a ranch one and a half miles south of Philipsburg. To this marriage was born twelve children: Mary, Louise, Kate, Nora, Emma, Alice, Julia, William Bryan, Virginia (1892), Thomas (1882-1883) and Elnore (1880-1881) (research does not reveal any record of the twelfth child). There is a grave without a headstone for Henora Hynes in Block 19 Lot 40 grave 8, next to Baby Thomas, that may be the twelfth child.

This photograph of the Thomas F. Hynes family was taken in 1901. Back row from the left is: Nora, Julia, Alice and Emma. Front row: Kate, Annie Hynes holding infant William Bryan, Louise,  Thomas F. Hynes and Mary.

Thomas F. Hynes foreclosed on a $54,225.00 mortgage of the Puritan Mining Company December 21, 1894 according to the New Northwest, so obviously he was extending credit to major mining companies. He ran as an Independent for County Assessor in 1898 against J.K. Wells the Democrat and lost the race. Tom’s name was not on the ballot and instead of having the voter’s write in his name they were provided with “pasters” that had his name printed on them. The poll counters refused to count at least 125 “pasters” with the vote being 414 to 462. Tom contested the election results but did not win the office. 

In 1900 he again ran for Assessor under the Federalist Party against Democrat T. L. Penrose and received a plurality or 151 votes. His pay was $300 a month according to wages published in 1901. As Assessor, Tom raised the county taxes which included more than $700,000 increase to the BiMetallic Mining Company. The Company took their complaint about the increase to the County Commissioners and they excused the BiMetallic from paying the excess. This caused Tom to take the case to the State Board of Equalization. The Board decided they had no authority to change the figures of the County Board (August 20, 1901). 

The City named Tom as Patrolman in June of 1901 and during the next few years news reports show him continuing to do improvements on numerous mining claims. They left the ranch and moved into Philipsburg where, after several months of illness, Tom died on March 2, 1913 at the age of fifty-seven. Survivors were: Annie, son Bryan and eight daughters, three sisters and nephew W.P. Hynes of Granite. 

Mining seemed to be the basis for the early income of the Hynes family in Granite County, but it is difficult to determine exactly which member of the family owned the individual claims. Newspaper articles detail where Thomas F. Hynes did his share of improvements and advertised this to co-owners of The HIRD Lode and the Sam Quartz Lode (1888), and his co-owner of the claim in Stony on the Katie Lode did the same back to Thomas (1896). The San Francisco Company was working two claims that had been bonded to them by Eli Holland, James Patten and Thomas Hynes in October 1886. Also Thomas Hynes was co-owner with John Ulery and Caplice of the Sam Quartz Lode in January 1889. Thomas was improving the Skykill Lode in January 1889. Thomas made application for patent on the Sultana Lode with Eli Holland and Herman Kaiser and they sold the claim to Granite Mountain Mining Company for $3,000 on February 1, 1889. Thomas F. and Honorian (sic) Hynes made patent application for the Piano Lode on September 27, 1888 and sold that claim to GMMC for $5,000 on February 7, 1889. 

A lengthy account was published in The Helena Weekly Herald on July 28, 1887 titled “The Philipsburg affair” that detailed a story by F. L. Currie. Mr. Currie had until a few days prior been the superintendent of the North Granite Mining Company. Mr. Currie had chose to leave town after a mob requested he do so. The article alluded that even a strangulation had occurred but Mr. Currie said he had not witnessed that. The discontent arose over accounts of various claim jumping projects in which the community considered Mr. Currie involved. Mr. Currie wished to make his side of the story known. "In 1883 Thomas F. Hynes located the Katy Lode. A bond was given on it to Lewis Demars but expired in 1894 without being taken up. In April 1885, Hynes and his wife deeded the Katy Lode to the former’s mother, Mrs. Honora Hynes for $1,000 and the title thereby passed to her. In October 1886, Thomas Hynes and his wife gave Phil M. Saunders a bond on the property for $50,000 under which a company was formed and $8,000 worth of development work was put upon the property. I was superintendent of the NGMC and found out the above conditions of affairs viz: that Hynes and his wife had given Saunders a bond for property not owned by them, and that the claim was open to jumping. I explained the situation to Joe Sorenson and he relocated the claim under the name of The Parrot Lode, agreeing to transfer it to the company for a small consideration…There had been various rumors previous to this about my being interested with Lewis Demars and Samuel Tolman in the jumping of the Granite Belle, The Young American and the Nelson Properties. These claims were without foundation. I was allowed to suffer a never-to-be-forgotten indignity at the hands of men who personally were my enemies, regardless of jumping causes.”

In 1890 there were two lawsuits set for trial: One Maroney vs Hynes and the other Charles Clark vs Hynes. Research did not reveal the outcome of either trial. Then the October 6, 1894 Mail posted notice of an auction of “The Old Hynes Hall” and that a daughter was born to Thomas Hynes. The newspapers carry few articles about the Hynes family after Thomas was appointed City patrolman, other than marriage notices of the daughters and Bryan. 

Then Bryan’s wife Hazel died in December 1928 and four days after her funeral Beth Smith died of meningitis at grandmother Annie Hynes house. Bryan was working as an electrician in 1923 when he married Hazel Stella Cutler. They had a daughter, Mary Catherine (1928-1980). Five months after the birth, Hazel died of Flu-pneumonia at the age of twenty-eight. Hazel was survived by Bryan, Mary Catherine and her parents. Her father was engineer for the Drummond Branch of the Northern Pacific Railroad. 

Bryan was engineer for the Algonquin mine when the May 28, 1937 Mail stated “Emma V. McCarthy of Fargo, North Dakota announces her daughter Mary Ellen married (William) Bryan Hynes on August 27, 1934.” The late announcement was because Mary’s teaching job had not allowed teacher’s to be married. 

Mary and Bryan had a son Thomas D. (1939-1995) and a son William (1940- 1941). Bryan was elected Granite County Sheriff in 1942 and served the citizen until 1952 with Nick Munis as Under-sheriff.

                                          Campaign card courtesy of grandson John Hynes

 Bryan died in the Granite County Nursing Home on November 22, 1980. Mary (my seventh grade teacher) died in 1989. This concludes another important Granite County family history.

From Mining Camp to Town

Sporadic work in the mines and mills caused hardship for the residents and businesses of Philipsburg and a flux in population, but it did not stop the camp from becoming a town. Previous articles have discussed the huge drop in population in 1870. My theory is that once the James Stuart Mill became the Hope and the Stuart, Dance and Company stores were no longer the major mercantile in the camp, it was no longer a “Company Town.” Granted the BiMetallic Mine and Mill frequently was the only work in town during a number of sparse periods, so was a contributor in keeping the population present, but I think the existence depended greatly on the stability of the ranchers. Businesses knew that they needed to extend credit to the ranchers, but were almost guaranteed, come fall all the credit would come off the books. Flood irrigation was the only option during that period and water rights were sacred and used judiciously. Research does not reveal any season where there were not adequate hay crops in this fertile valley and once the agriculture began moving into planted crops, most seasons were bumper yields. This view is also expressed in the sociological fiction titled “Small Town Stuff”, written by Albert Bluementhal (1932). 

After watching the mining camp survive for 20 more years, politically active citizens of Philipsburg wrote articles of incorporation in October of 1890. Elections were held the first week of November and a positive vote formally declared Philipsburg was now a town. The town’s first mayor was pioneer James McDonel, known to his friends as “Uncle Jim.” Serving with the Mayor were: Messrs. Charles Kroger, (?) Smith, W. T. Allison, Angus McIntyre, Frederick Bowen and C. F. Jacky. Research does not reveal an election so there must have been a town meeting with an election. The Anaconda Standard stated “Philipsburg Board of Aldermen had their first meeting tonight. Mayor McDonel and every member was present and they proceeded to transact business with the precision and depth of veterans.” This meeting is where Town Marshall David Laughrin was appointed and a ballot was taken between J.C. Bateman and Nicholas H. Connolly for appointment as Police Magistrate. Judge Connolly won the vote. Next the Committee on Ways and Means reported that a tax of three mills was to be levied to raise the necessary money to run the town. By April 30, 1891 the Town Ordinances were published in the Philipsburg Mail and by May 12, 1891 an election notice was published and new members nominated by a Citizen’s Convention. The election date was set for May 16th and the election results published were: Mayor- James McDonel; First ward-Charles Kroger and William Weinstein; Second ward- Angus McIntyre and John Rains; Third Ward- Frederick Bowen and Frank J. Wilson. Police magistrate: Nicholas H. Connolly; Town Marshall: David Laughrin; Policeman: John Elkins; Street Commissioner: George W. White; Health officer: Dr. William Ray and Fire Marshall: Frank D. Brown. There were no vote tallies published, only the names and the length of terms. David Laughrin had previously been a policeman in Anaconda and John Elkin served as Constable of Garnet after his service to Philipsburg.

The first Mayoral report published on July 2, 1891 gave thanks to the Council members that had served and for the year of ordinance development. Being new to politics it did not take long for problems to arise. August 13, 1891 Alderman Weinstein presented a petition to the Town Council meeting signed by a number of citizens preferring charges and asking for the removal of Town Marshall David Laughrin. The same meeting David was paid $100 for his monthly salary. The article did not state any reason for the petition. 

The September 10, 1891 P’Burg Mail carried this headline: “The Town Father’s: Full minutes of several meetings-they exonerate the Marshall. They reconsider their actions of a previous meeting and find him not guilty.” The article detailed how during several day and evening meetings the Aldermen had removed David Laughrin from his office of Marshall. The Mayor refused to approve this action as evidence did not justify the verdict. The Aldermen then considered charges against officer Elkins. In executive session they returned a unanimous decision of acquittal, fully exonerating the officer and severely censuring any recommendation of charges founded on such frivolous basis. The original charges: illegal arrest, conspiracy and retaining money of a prisoner (who was intoxicated.) All such matters hereafter were to be handled by the police committee. Marshal Laughrin was exonerated from all charges.

Following is the history of the first Mayor and two of the aldermen. Jim McDonel (1843-1927) was raised on his father’s farm in Wisconsin. In 1864 he left home and worked for a company that crossed the plains by mule teams to Nevada. Jim worked with friends in Nevada about nine months and then set out for Montana, arriving at Virginia City in the spring of 1865. After working in Blackfoot City, Jefferson City, and Carpenter’s Bar, Jim settled near Gold Creek. With two partners he built a $2,000.00 bridge and set up a toll service to cross the stream now known as the Clark’s Fork River. The first five weeks of business netted $1,500 in toll fees. James bought out his partners after five years and continued to operate the toll service for two more years. Next he opened a livery stable in Pioneer and ran that for six years. In 1879 he sold that stable and moved to Philipsburg where he engaged in operating another livery stable for five more years. James then moved to Granite where he platted the town, sold town lots and erected the first business house in Granite. Poor health caused Jim to move back down the hill to Philipsburg where he operated a saloon for six months, then went into real estate and ranching. Jim served four years as constable of Philipsburg before it was incorporated. He also served two terms as Justice of the Peace. 

After serving two terms as the town’s mayor, Jim was elected as a Deer Lodge County Representative to the State’s Legislature. During his term in 1893, Jim presented House Bill No. 110, which created Granite County. He ran for Granite County Commissioner in November 1896 and won, but the election was deemed invalid by the State of Montana. The original 1893 County creation law had designated October 1898 as the first election date. He was then elected in 1898 as County Commissioner and served one term. James died at the age of eighty-four on November 18, 1927 at his niece Clara McDonel’s house. Survivors were: Nieces Clara (Philipsburg)and Mrs. John (Mary) Cole (Anaconda) and Nephew Robert McDonel (Philipsburg). He is buried in the Philipsburg Cemetery. 

William Weinstein came to the United States from Poland in 1855. He lived in Leavenworth, Kansas then migrated west until arriving in Montana in 1865. His first business venture was a small store at Cable. He moved this store to Philipsburg in 1867 and it became one of the largest in the state located at 210 E. Broadway. He is credited with opening one of the first general merchandise stores in Granite in 1885. He also ran a small store in Corvallis with a partner named Block for a short time. When the Algonquin Mine shut down in 1882, William secured a judgment for about $8,000. He was Vice-President of the Merchant and Miner’s Bank at that same time. As stated previously, William was elected Alderman of Philipsburg in 1891. 

Sadly on July 2, 1893 William was injured when his horse and buckboard were involved in a run-a-way. William had invited John Foley to ride with him down the hill from Granite. John tied his saddle horse behind the wagon and the two started down the hill. Just below the BiMetallic the horse started to run away. William got him under control, then shortly after the horse broke out in full speed. Foley jumped from the wagon and his saddle horse broke free. William was carried with the run-a-way horse and wagon down near the Roadhouse where there was a rut in the road. When the wagon hit the rut William was thrown in such a manner that his head was either struck by the horses hoof or the wheel. He was picked up and taken into the Roadhouse and examined by Dr. Heine. Deeming the scalp injury not severe enough to be life threatening, although he remained unconscious, he was placed in a wagon to take him home. William died on the trip to the family residence. 

A large contingent of The Knights of Pythias and Odd Fellows escorted his body from the family residence after the funeral to the train. He was buried in Helena after the performance of Jewish Rites. 

John Rains was born in Norway and immigrated to the United States in 1849. He lived in California until moving to the Philipsburg area in 1863. He married Harriet a sister of A.H. Porter. Her initials were H.E. which is on the tombstones of their children Minnie and Johnnie. This marriage produced seven children. The only living child (daughter age 6) was with the George Brown family in Anaconda when John died suddenly on February 20 1896 at Golden. She inherited a large estate. 

John was originally in a partnership with Joseph Daddow in a livery and stagecoach business that ran routes between Pioneer and Deer Lodge until he sold out his interest in 1874. John Rains’ name is signed in ads in the New Northwest during 1874 as Director of Montana State Prison, where they were asking for bids on various supplies and services. He was in Philipsburg dealing in Dry Good by 1885 and running a saloon by 1887. May 19, 1887 the ‘Mail announced that John had adopted Carrie Simpson and his wife was in Granite the same day and adopted a young boy. “So that stacking on up that night, Mr. Rains and wife found themselves the happy possessors of two adopted children.” Their son Johnnie died at 5 months of age in January 1884 and daughter Minnie died at the age of 7 months in January 1885, according to their headstones. Harriet currently has no headstone and her obituary has not yet been found. 

In July of 1887 Rains sold his house on Stockton and was building a brick home in the Wilson Addition. Health Officer James Carten made a complaint against John Rains and H.L. Turner for dumping refuse matter in the alley in the rear of John Rains saloon in July of 1887. The jury acquitted Rains and the judge fined Turner $10. O’Mara and Maloney took over Rains saloon in August 1887. John was elected an alternate to the Republican Convention in May 1888. 

Hannah Porter (mother of Mrs. John Rains) died July 5, 1888. James Reynolds sold his saloon to Rains in December of 1889. Frequent ads are in the Philipsburg Mail during 1889 for horses for sale. He was involved with J.B. Risque, James Patten, A.S. Huffman, E.C. Freyschlag, Joseph Hyde and W.W. Adams in the Bell Flower, Viola, Pyrennes and other claims located near Black Pine in November 1889. Archie and Annie (Porter) McPhail moved to the Rain’s ranch south of Philipsburg after their wedding November 1890. 

During hunting season in 1893 the ‘Mail carried ads “No hunting or killing of game on the John Rains Ranch.” Also in 1893 the paper carried frequent references to the John Rains building. In 1894 John patented the Silver Eagle Lode with James McDonel and A.A. McDonald. 

John was the administrator of his father-in-law, George W. Porter’s estate in December 1895. A.A. McDonald bought 10 feet of Rains property so he could build the Opera House Theater “deeper” in 1896. John co-owned the United Quartz lode with Vernon Curtis at the time of his death and was still involved in the Golden Sceptre Company with C. H. Eshbaugh and H. Copely when the estate was being settled. 

Of major interest is the fact, as Alderman, John resigned his chairmanship of the Streets and Alley Committee on August 13, 1891. Then on August 27th this Committee’s Report was brought forth, read and adopted by the City Council. The following report was signed by John Rains, F. J. Wilson and Charles Kroger: “Gentlemen:..matters relating to the placement of a flume through the town of Philipsburg, have carefully examined all subject matters pertinent thereto and would respectfully submit: First—We find that the cost of a flume…would be per foot, 57 cents…the extreme cost for laying this flume should not exceed $1.25 per running foot…I would advise that the flume be laid so as to constitute a sidewalk along the north side of the alley south of Broadway, from the east to the west end of town, commencing…where it joins the Hope Mill site and ending in any suitable place in Pardee & McDonald’s addition on Camp Creek…From a sanitary point of view it is absolutely necessary. Its present condition is not only a menace to the health of our people, but an eyesore and disgrace to our town. A brick sewer costing $4 per foot can also be built.” A synopsis of the continued report concerning the nuisances reported by the Chairman of the Board of Health stated “the privy in the rear of the Capital saloon (Hyde was owner) while in a filthy condition is so arranged as to be almost incapable of being removed.” The rear of the Hynes Hotel mess was not the tenant’s fault. The ground was so saturated with the drippings of manure that the smell would stay even if more soil was removed. "Assess Mrs. Hynes the bill for the Street Crew soil removal and applying lime". The Committee did not recommend a title system sewer in the Camp Creek flume. So goes the business of moving from Mining Camp to an incorporated town many years later. 

Looking at the beautiful little creek bubbling its way in front of the Pioneer apartments one would never believe it was once used as the city sewer.