Creating Powell and Daly Counties of Montana

JOHN BIELENBERG

1846-1922

Born: 1 May 1846 in Holstein, Germany- Died: 16 June 1922 in Deer Lodge, Montana.

Legislative Minute: January 9, 1901

Creating Powell and Daly Counties

On this day in Montana legislative history —January- 9, 1901 — John N. W. Bielenberg, a Republican representative from Deer Lodge, stated his intention to carry a bill creating the new county of Powell.

On the next day, January 10, he introduced House BUI 4 to form the new entity from the northern three-quarters of Deer Lodge County. Bielenberg did so at the behest of residents in the town of Deer Lodge, who had lost their county seat to Anaconda in a hotly contested 1897 election. A similar measure — Senate Bill 3 — appeared simultaneously in the other chamber.

Senators approved Senate Bill 3 on January 29 by a 21-1 vote, and the House then substituted Senate Bill 3 for its Powell County measure. The House passed the substitute by a 65-0 vote, and Governor Joseph K. Toole signed the bill on January 31, 1901. So the new county of Powell was born.

But the story does not end there. Residents of the new county wished to reclaim their old county name: they wanted to make the town of "Deer Lodge" the county seat of the county of "Deer Lodge." Many people in Anaconda agreed, because they wanted to rename their division "Daly County," in honor of the recently deceased "Copper King"
Marcus Daly.

Early in February 1901, bills sprouted in the Senate to substitute "Deer Lodge" for "Powell," and to replace "Deer Lodge" with "Daly." Both bills passed the houses unanimously, and Governor Toole signed them on March 8.

But "Daly County" lasted only one month. Some disgruntled citizens of Anaconda petitioned the Montana Supreme Court to nullify the two acts. And, indeed, on April 8 the Court found that the laws changing the county names violated the 1889 state constitution. Thus all county names reverted to their original designations: Powell and Deer Lodge.

The people in the town of Deer Lodge were the most perplexed. Within three months, they had been the residents of three different counties, and they never moved an inch. And all this craziness began on this day in Montana legislative history: January 9, 1901.


"Capitol capsules : Legislative minutes presented to the 57th Montana Assembly by the Montana Historical Society"

Author: Walter, David A., 1943-
Volume: 2001
Subject: Montana. Legislature; Montana. Legislative Assembly; Legislation
Publisher: Helena, Mont. : Montana Historical Society
Year: 2001
Possible copyright status: NOT_IN_COPYRIGHT
Language: English
Digitizing sponsor: Montana State Library
Book contributor: Montana State Library
Contributor usage rights: See terms
Collection: Montana State Library; Americana