First Granite County Commissioners

The Legislative year of 1893 saw many changes in the original Deer Lodge County. House Bill No. 110 introduced by Representative James McDonel carved out the south western corner of Deer Lodge County and a small sliver of Missoula County at the mouth of Rock Creek to form Granite County. The Legislature then appointed officers to conduct business in this new county. John H. Cole Sr. was appointed Sheriff; Arthur A. Fairbairn, Treasurer; George A. Reck, Clerk and Recorder; William Albright, Assessor; Wingfield Brown, County Attorney; Josiah Shull, Clerk of District Court; Mrs. Abbie W. Wilkinson, Superintendent of Schools; Dr. William Ray, Coroner; R.M. Ferguson, Public Administrator; George Wilson, County Surveyor; and George Cain of Granite, E.C. Freyschlag of Philipsburg and Colonel George W. Morse of New Chicago County Commissioners. 

Whether the appointed officers lacked the knowledge to lead a new government or if it was “just politics as usual” the newly formed County government soon found itself embroiled in controversy. A committee comprised of C.F. Jacky, D.N. McDonald, M.B. Scott, W.C. Bradshaw and M.E.H. Gannon was appointed to investigate the mingling of finances and politics in 1894. 

Following is a condensed version of the Committee Report: “ We find that Granite County became an organized county and capable of contracting a debt on the first of April 1893. We find that George W. Morse, County Commissioner, put in a bill to the county for rent of the present court house and had allowed a warrant issued him in the sum of $495.00 less $100.00, credited the county for certain property sold the county by C.B. Cain for $1,116.50. This rent was collected for the months of April, May and June, 1893, when as a matter of fact, the county was not occupying the building owned by George W. Morse, but on the contrary, the only building occupied by the county was the First National Bank, for which the commissioners allowed said Luke the sum of $115.00 from the first of March 1893 to the 18th of July 1893; the Featherman Building during a portion of this time was occupied by the county as a jail. 

We find that during the December term of District Court, the above bills of G.W. Morse and George B. Cain, in suits entitled: Wingfield L. Brown versus Board of County Commissioners of Granite County, were pronounced void and illegal charges against the county and judgment to that effect entered. We find that prior to this suit against G.W. Morse that said Morse had been collecting from the County of Granite, the sum of $405.00 per quarter, from the first day of April to December session of the Board 1893. 

We find that on January 3, 1894, G. W. Morse and wife purported to convey to his brother John W. Morse, the property owned by G.W. Morse and heretofore occupied by the county as a court house. The deed shows the terms of sale as follows: two notes executed by John W. Morse to George W. Morse and Company, one in the sum of $4,000.00, payable January 1, 1895 and one for $5,000.00 payable January 1, 1896; the above notes were the consideration paid for this property; that this property was so fraudulently disposed of for the purpose of evading and nullifying the law so effectually invoked against said commissioners to prevent inner-commerce with themselves, is too apparent to require comment from your committee. $312.50 was allowed Thomas Campbell, as attorney fees, to resist the above actions brought against the commissioners by the County Attorney. 

These suits were brought to prevent void, illegal claims being saddled on the county and the payment of any sum to any attorney for such purpose, is an insult and outrage on the people of Granite County. We find that on the tenth day of January, 1894, the court house leased from John W. Morse, by the Board of County Commissioners of Granite County, for a period of one year, at a rental of $900.00 per quarter or $3,600.00 per year.” 

Other findings: the stoves and furniture were being leased even though the county had paid in full for all of the furnishings. The above bill of $1,116.50 for the articles furnished by George B. Cain had been deemed null and void yet the County Commissioners set aside this ruling plus paid John W. Morse for the furnishings that would all become his property anyway at the end of the contract. $7,000.00 had also been paid by the county for improvements of the jail (Featherman Building) and gross discrepancies were found in the money allowed the commissioners for mileage and meetings. 

A meeting was assembled to receive the Committee report on the Business of The Commissioners and make resolves. The final resolve was: “That the county attorney be requested to take steps immediately, to recover from said commissioners and their bondsmen, all money illegally diverted from its proper channels, by their acts, during their term of office and that the report of the committee appointed by this body be published, to the end that the taxpayers of said county may be fully informed as to the manner in which the affairs are being conducted. This resolve was signed by Wingfield Brown (County Attorney), James McDonel (City Mayor), A.A. McDonald, William Ray (Coroner), F.J. Wilson (City Councilman), D.S. McLeod, F.M. Durfee, Frank D. Brown, C.H. Eshbaugh, Steven Severson, D. Mulcihy, A.D. Sutherland, D.M. Durfee, W.S. Twohy, C.F. Schoonover, and E. H. Campbell. 

Of interest, nowhere is the other county commissioner E.C. Freyschlag mentioned, during this event. George Cain and George Morse’s response was to write a full column letter to the Citizen Call on October 31, 1894. They place the blame for needing to hire an outside attorney on Wingfield Brown, stating he was so busy speaking at functions that he was never available to advise the commissioners. Plus, he charged the county for use of furnishings and had not repaid any amounts, when instructed to. So the commissioners had finally taken the improper charges out of his paycheck. They went on to state: “It is a fact that Brown has neglected his official duties as a county attorney; that he has drawn a salary without having earned it…It is also a fact that if there ever was a county in Montana that has no county attorney, that is Granite County.” 

During the week ending May 15, 1894 in the District Court: “W.L. Brown vs The Board of County Commissioners: the motion made herein for dismissal by counsel for the claim holder J.W. Morse, was argued, and the court granted the application of said claim holder for leave to withdraw the claim…dismissing the action with costs and without prejudice to his presentation of another claim.” 

Next, the May 23, 1894 Citizen Call published “The informations (sic) filed against Commissioners Cain and Morse were thrown out of court.” This information has not been revealed in any copy of the Philipsburg Mail. During this period of time The Mail was the Republican paper and the Citizen Call was the Democratic paper, so this may be the reason some incidents were covered by one and not the other. 

Then The Mail August 9, 1894 under “Special Sessions held during last week” stated “The State of Montana in re: Wingfield L. Brown relator, vs Geo. W. Morse respondent. This case came on regularly to be heard upon the application of plaintiff for a writ of mandate. G.J. Reek, John H. Cole (Sheriff), and Wingfield L. Brown were introduced and their testimony heard on behalf of the plaintiff, whereupon the court after due consideration granted the order as prayed for and allowed plaintiff his costs.” 

For some unknown reason the newly elected county government did not pay attention to the entire legislative act when the county was formed and all of the parties held conventions, nominated officers for the different county seats and held an election in 1896. This did not just occur in Granite County. Ravalli, Flathead, Teton and Valley counties were also created in an off year and the issue ended up being considered by the Attorney General with his long awaited decision published in October 1897. His opinion follows: “The county commissioners elected last fall in your county are not entitled to their seats next November. The election of county commissioners in your county last November was unauthorized by law and those who received the majority of votes do not secure any rights thereby to hold office. At the time of adoption of the constitution, an ordinance was also adopted providing for an election to be held throughout the territory on the first Tuesday of October 1898, for the ratification or rejection of the constitution and also providing for the election of different officers named in subdivision 9 of this ordinance…this being so and a general election taking place in closer proximity to the first of January 1899, than that of a year ago, the election of county commissioners for your county to succeed those in office should take place next fall rather than last fall. It is now understood that a test case will be made by those who supposed they were elected last fall, but it is the popular opinion that the decision of the Attorney General (Nolan) will be endorsed by the Supreme Court. 

Needless to say none of the County Commissioners were re-elected.