USA > Arizona > Arizona, prehistoric, aboriginal, pioneer, modern; the nation's youngest commonwealth within a land of ancient culture, Vol. II > Part 10
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A few days after the beginning of the session was performed an interesting duty, the formal election of Marcus A. Smith and Henry Ashurst as senators from Arizona, following out the expressed will of the people and at the same time deferring to the Constitution of the United States. It is worthy of notice that in the Arizona Senate, Smith's nomination was made by none other than John T. Hughes of Pima County (son of the former governor), thus burying Vol. II-5
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a hatchet that had been much in evidence for many years between his family and the senator-elect. The Legislature passed a very drastic miners' lien law, provided an inheritance tax, and possibly trespassed upon the powers of Com- gress in providing that aliens who cannot become citizens shall not hold real property, giving those in possession of such property five years in which to dis- pose of it. There was a continuation of the anti-corporation legislation, includ- ing five laws for the regulation of railroads, in such matters as electric head- lights, the length of trains, etc.
Much remained to be done at the expiration of the session's time limitation on May 18, and a special session convened May 23 to adjourn June 22, still with much undone in the way of putting into effect the mandates of the Consti- tution.
A special session of the First Legislature was called by Governor Hunt, commencing February 3, 1913. The message, which was of seventy-five para- graphs, outlined a broad field of work and especially named fifty-seven statutes for possible amendment.
At the special session H. H. Linney was elected speaker of the House, Sam B. Bradner being deposed on the ostensible ground that he had forfeited right to membership in the Legislature by accepting appointment as secretary of the Arizona Live Stock Sanitary Board. Cunniff was retained as president of the council. Still a third special session, the fourth session in about a year, had to be convened April 14, because no appropriation bill had been passed and work had not been finished on the civil code. There had been passed a criminal code, but it had been vetoed by Governor Hunt because it did not conform with his peculiar ideas with reference to the pardoning power. The governor in his call again gave this special session a large amount of leeway, including no less than sixty-two items on which legislation was recommended.
The act creating a board of pardons and reprieves was directly leveled at Governor Hunt's prison policies and his known antagonism to capital punish- ment. It provided that all pardons and reprieves should be granted by him only upon recommendation of a board not of his own appointment. In the state penitentiary were a dozen murderers who had been reprieved repeatedly by the governor, pending possible approval of his policies by the people and courts. Final appeal to the courts gave no comfort to the executive, for the Supreme Court of Arizona, in April, 1915, approved a decision of the Superior Court of Pinal County declaring the board a legally constituted body.
At Tucson, June 3, 1912, came a decisive split in the republican party. The two counties of largest voting strength, Maricopa and Cochise, had aligned with Roosevelt. Yet, with a favoring chairman's aid, both were claimed for Taft. So the Roosevelt supporters, with former Governor Kibbey leading, had a separate convention, to nominate a delegation that was thrown out at Chicago. The real strength of the two republican divisions in Arizona was better shown at the fall election. The democratic primaries showed a preference for Champ Clark, with Bryan and Wilson following.
The election of November 5, 1912, resulted in the demonstration of a solid and unshakable democratic plurality. The democratic electors led in nearly all counties and were given a total vote of 10,324. Roosevelt, progressive, received 6,949, and Debs, socialist, 3,163 votes, leading Taft, republican, who
HON. HENRY F. ASHURST United States Senator from Arizona
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had only 3,021. Chafin, the prohibition candidate, received 265. In the pre- ceding primary election, held September 10, the total vote had been only 7,267, with the democrats casting 3,867. .
Arizona's first presidential electors were Will T. Webb of Graham County, John R. Hampton of Greenlee County and Mrs. Pauline O'Neill of Maricopa County. Webb tarried long in St. Louis, where later he was married, and got to Washington too late with the ballots, but no objection was made to their inclusion within the Wilson strength.
THE PEOPLE AS LAWMAKERS
At the election of 1912 were submitted a number of constitutional amend- ments and referred bills, nearly all of them with party support from the democracy. The recall of judges, which had been stricken from the Constitu- tion as a prerequisite to statehood was re-enacted by the overwhelming vote of 16,272 to 3,491.
Woman suffrage was enacted by an unexpectedly large majority, the vote standing 13,452 to 6,202. The electors also granted the state power to engage in industrial pursuits.
A bias against corporations manifested in the First State Legislature led to the passage of a 3-cent fare bill. This was taken to the people for a refer- endum vote and the corporations again were downed. Thereafter, in consider- ing a judgment of alleged illegal charges made by a Tucson public utilities corporation, the Supreme Court of Arizona decided that the Legislature had no powers in such cases and that service charges made by such corporations could be fixed only by the Corporation Commission. Thus an act of the Legis- lature and the voice of the people at the polls both were declared unconstitu- tional. The 3-cent-fare case still was pending before the commission over a year later.
There had been a Supreme Court decision to the effect that state officials, who had believed themselves elected for only a short year, would hold over till the end of 1914. This narrowed the political struggle of the fall time. Carl Hayden, democrat, who was serving under a national tenure of office, was re-elected congressman, over Robert S. Fisher, progressive, and Thomas Camp- bell, republican.
In 1913 there was much legislative talk about the governor's attitude toward criminals and there was even an investigation of conditions at the prison, with testimony to the effect that convicts had been permitted to go to social enter- tainments in Florence. The governor defended himself vigorously, claiming that the prosecution was by persons actuated by hatred, jealousy and base political motives. There was only mild censure of the investigating committee, for the governor already had corrected the objectionable features of what seemed a too-lax prison discipline. This same session refused to vote any money to the California expositions. Suggested appropriations were fought especially by labor unions, which were against San Diego on account of that city's attitude in an I. W. W. invasion.
When this Legislature finally stopped, May 17, 1913, it was figured that it had cost the state about $180,000, for a while the expense running nearly $1,000 a day. State Auditor Callaghan made a computation that for the fiscal year it
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had cost $304,460.01 more to run the State of Arizona than it had the territory and state during the preceding fiscal year.
Named as a holiday for all of the state, there was an especial celebration April 24, 1914, "Arizona Day," rather indefinitely honoring the fiftieth anni- versary of the establishment of government in Arizona. In Phoenix was a formal banquet and, in compliance with the governor's recommendation, in each of the larger towns citizens met to drink a toast to their state.
ELECTIONS AND POPULAR LEGISLATION
The year 1914 was a busy one politically, for a half dozen parties were in the field at the primaries. The democrats renominated all the state officials, save the treasurer and Attorney-General G. P. Bullard, who had resigned. In his place was put Wiley E. Jones. Senator Marcus A. Smith, who had drawn the short term and who sought re-election, had opposition in the primaries, but secured a place on the democratic ticket. The progressives put out a full ticket, with Geo. U. Young for governor and J. B. Nelson for United States senator. The republicans, seeking coalition with the progressive forces, placed Judge J. H. Kibbey at the head of the State Central Committee. Their nomi- nations included J. Lorenzo Hubbell for senator and Ralph H. Cameron for governor.
In the fall Senator Smith secured 25,790 votes, compared with 9,178 for Hubbell. The third candidate unexpectedly was Eugene W. Chafin, prohi- bitionist, who received 7,248 votes. The progressive party failed to make its showing of the previous election. Carl Hayden was re-elected representative in Congress by the largest vote given any candidate, 32,296. Governor Hunt was re-elected by a vote of 25,226, Cameron receiving 17,602. The other state officials were re-elected in order, saving only P. J. Miller, tax commissioner, in whose place was chosen T. E. Campbell, republican, and Mitt Simms, demo- crat, succeeded to the office of treasurer.
The referred measures were led in importance by prohibition, which carried by a majority of 3,144. In only five of the counties of the state did prohibition carry and the majority in Maricopa County alone was practically the same as that within the state at large. The section of the penal code dealing with pardons and reprieves was approved over the protest of the governor and the 3-cent-fare law was approved, only to be found unconstitutional. Among the initiated measures carried were the anti-blacklist law, the mothers' pension bill, the 80 per cent law, the electrical construction law and a bill permitting the state to engage in industrial pursuits. Among those defeated were the anti- capital punishment bill, an appropriation for the coast expositions, an Australian tax bill and a bill for the creation of Miami County.
It is an interesting fact that the more important of the labor bills passed later failed to stand the scrutiny of the courts, including the anti-blacklist and mothers' pension bills. The latter would have provided at least $15 a month for every destitute mother and a separate grant for each child, as well as an old-age pension, irrespective of sex or of dependence, all of this going with an abolition of alms houses. The same course was taken by the 80 per cent bill, which permitted the employment of only 20 per cent of aliens in any work wherein five or more were engaged.
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HON. MARCUS A. SMITH United States Senator from Arizona
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The second State Legislature met January 11, 1915. Dr. W. P. Sims of Cochise County was elected president of the Senate and William Brooks, speaker of the IIouse. The session especially was distinguished by the seating of two female members, Mrs. Frances Willard Munds in the Senate and Mrs. Rachael K. Berry in the House. It is possibly worthy of note that Mrs. Munds expressed herself in favor of smoking in the legislative chambers and Mrs. Berry protested against the use of the weed. All members were democrats, save Senator D. D. Crabb, republican. The governor's message was lengthy, with special consideration of the labor question and of warning against the pernicious activity of the corporations, with a suggestion that the unemployed should be eared for by publie works, that there be a state employment bureau and that a minimum wage be established for women. The initiative and referendum were defended at length as of potent value and there was defense of the governor's prison policy.
That the special session habit had become fastened on Arizona State Legis- latures was evideneed in the adjournment of the second Legislature on the evening of March 11, 1915, without passing the appropriation, mine taxation and land sale bills. Sixty-eight bills had been passed, none of them particularly important. Possibly the aet of largest general interest passed was the Pari- mutuel, designed to permit betting at the state fair. This aet was assailed by church organizations and finally was vetoed by the governor.
A special session had to be called, commeneing April 23, 1915, and still another on June 1, which, on account of the temperature of the legislative halls. disposed of its work and departed soon thereafter.
Among the measures approved were: Providing for the changing of county seats by popular vote; establishing fish hatehery stations; permitting cities to appropriate for local advertising; establishing a bureau of mines within the State University ; anthorizing Indian superintendents or agents to issue mar- riage licenses and solemnize ceremonies; authorizing the sale of the old Indus- trial School property at Benson; adopting the design of a flag for the State of Arizona, a golden-rayed sun, rising on a sea of blue; giving towns for fire pro- tection 50 per cent of any state tax paid by fire insurance companies for busi- ness written within the cities affected; providing that all persons who register for voting shall declare the political party to which they are affiliated and shall vote only for the candidates of such parties at primary elections; prohibiting the opening of barber shops on Sunday; establishing a law and legislative reference bureau. Bills to enforce the prohibition law all were passed over, though such legislation had been directed in the referendum proposition. A memorial tablet in the capitol rotunda was voted to the memory of M. G. Cun- niff, late president of the Senate, who had died the previous December.
PERSONNEL OF THE STATE LEGISLATURES
The membership of the State Legislatures follows:
First State Legislature.
Senate: Apache, Lorenzo Hubbell; Cochise, C. M. Roberts, W. P. Sims; Coconino, Fred S. Breen; Gila, J. F. Ilechtman, Alfred Kinney; Graham, Wm. W. Paee; Greenlee, G. M. Chase; Maricopa, H. A. Davis, C. B. Wood; Mohave, Henry Lovin; Navajo, J. H. Willis; Pima, J. T. IInghes, A. O. Worsley ; Pinal, J. F. Brown ; Santa Cruz, J. II. Harrison ; Yavapai, M. G. Cunniff (president), Il. R. Wood; Yuma, F. W. Wessel.
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House: Apache, Nacieseno Gonzales; Cochise, J. M. Ball, Sam B. Bradner (speaker), Dr. George DeLos Craig, A. G. Curry, J. F. Duncan, W. J. Graham, C. B. Kelton; Coconino, Thomas Maddock; Gila, W. E. Brooks, J. T. Lewis, John Murphy; Graham, Anton E. Jacobson, A. R. Lynch; Greenlee, M. H. Kane, Wm. M. Whipple; Maricopa, D. C. Babbitt, G. F. Cocke, J. A. R. Irvine, L. S. Jacobs, Harry Johnson, D. P. Jones; Mohave, John Ellis; Navajo, F. O. Mattox; Pima, J. W. Buchanan, F. L. Crowfoot, K. T. Moore; Pinal, Alexander Barker; Santa Cruz, H. J. Saxon; Yavapai, Perry Hall, H. H. Linney, A. A. Moore, P. S. Wren; Yuma, T. M. Drennan, James R. Kerr.
Second State Legislature.
Senate: Apache, Fred T. Colter; Cochise, W. M. Riggs, W. P. Sims (president) ; Coconino, Hugh E. Campbell; Gila, John E. Bacon, Alfred Kinney; Graham, D. H. Claridge; Greenlee, Geo. H. Chase; Maricopa, O. S. Stapley, Sam F. Webb; Mohave, Henry Lovin; Navajo, D. D. Crabb; Pima, Mose Drachman, Andrew P. Martin; Pinal, Chas. E. McMillen; Santa Cruz, H. K. Karns; Yavapai, Morris Goldwater, Mrs. Frances W. Munds; Yuma, J. S. Garvin.
House: Apache, Mrs. Rachel Berry; Cochise, Sam P. Briscoe, Wm. L. Cook, Oscar Doyle, C. T. Francis, Wm. J. Graham, J. S. Merrill, J. E. Newbury; Coconino, Wm. Marlar; Gila, Wm. E. Brooks (speaker), B. F. Baker, W. D. Claypool; Graham, J. D. Lee, J. H. Lines; Greenlee, John Christy, S. F. Lanford; Maricopa, G. D. Acuff, A. G. Austin, J. C. Goodwin, J. E. McClain, T. T. Powers, L. F. Vaughn; Mohave, W. P. Mahoney; Navajo, Sam W. Proctor; Pima, J. W. Buchanan, S. A. Reed, J. B. Richardson; Pinal, F. Pinkley; Santa Cruz, Richard Farrell; Yavapai, A. A. Johns, J. E. Leeper, J. J. Sweeney, O. F. Orthel; Yuma, J. L. Edwards, J. B. Flanagan.
CHAPTER XXXI
PASSING OF THE OLDEN DAYS
Decline and Fall of Arizona Gambling-Character of the Professional Gambler-Early Efforts Toward Prohibition and Final Success-Female Suffrage and Its Effect upon Politics-Non-alcoholic Baptism of the Battleship "Arizona."
Gambling was a recognized institution in Arizona till only about ten years ago. In many places gambling games ran day and night and it wasn't uncom- mon to see the most prominent citizens of each community gathered around the faro tables in gambling halls, where women singers were regularly employed.
The Twentieth Legislature was notable for about the first attempts made to curb gambling and the liquor traffic. Measures of this sort usually were fathered by Member Winfield S. Scott of Maricopa County, a retired chaplain of the regular army. Announcement was made by him that on a certain date he would deliver a three-hour address on the vice of gambling. After only five minutes of his great speech the House brutally adjourned.
Tucson led in the territorial movement against gambling. In January, 1905, the first business done by the new city council, led by Mayor L. H. Manning, was to place a license fee of $250 a month on all gambling games and to pro- hibit such games in the vicinity of saloons. The gambling element was assumed to have won the city election in Phoenix in May, 1905, in the election of the republican candidates, despite the fact that the opposition ticket had declared against the licensing of any game of chance. The Legislature of 1906 refused to prohibit gambling but at that time there were indications of the beginning of the end.
Possibly Phonix led in reform measures, passing ordinances forbidding the employment of women in saloons and closing saloons at midnight. In a Phoenix republican city convention, held in 1906, the nominees were pledged to submit to a vote of the people thie question of gambling. The proposition was popular, for every candidate was elected in the face of an apparent democratic majority. When the vote was taken, the first referendum ever known in Arizona outside of school districts, a large majority of the voters instructed the city council to make gambling illegal. The Legislature of the next spring followed the lead and prohibited gambling all over Arizona. There were predictions of dire mis- fortune and of business stagnation in thus abolishing one of Arizona's most cherished institutions. But the change proved beneficial and it is possible that the same results will proceed out of prohibition.
It might here be noted that the gambler of frontier times was, on the whole, a pretty decent sort of fellow, in whose hands your life and property were
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reasonably safe. This observation, however, refers only to the men of acknowl- edged gambler class and not to hangers-on, vicious then as now. The gambler did not create the conditions around him-he merely was a part of them, sup- ported by the spirit of the times, in which nearly every man was willing to stake life or wealth on a throw of the dice. Gambling and liquor furnished about the only diversions available to or understood by the pioneer, who knew not the savings bank and in whose pockets money would burn a hole. In the dif- ferent communities they met quiet welcome from such men as Fred Hughes, Ben Parker, Smithy and Johnny Benbrook, Charlie Brown, Six-Toed Pete, Preacher Frank, Tom Barnum, Ben Belcher, Bob Brow, Jock Blinekhorn or Wint House and were assured of "a clean run for their money." Such men as named really filled an important place in the society of the times. One of the most notable of the frontier gamblers was Caribou Brown, for more than thirty years a faro dealer within the territory. He was a giant in size, six feet four inches in height, yet one of the gentlest men in demeanor and speech. He was said to have never been known to tell an untruth or pull a crooked card. He had been a sailor and was captain of a merchantman before he came to the Pacific Coast with some romance attaching to his history concerning the quelling of a mutiny in which he is said to have taken rather harsh measures. He died in Tucson in May, 1903, at the age of 87 and every saloon and gambling house closed while their attaches attended the funeral.
KNOCKING OUT THE DEMON RUM
Though Arizona abroad is considered a region in which the hours of the day are marked by "drink times," and while it is a fact that much of the early social life and politics of the territory centered in the saloon, there were attempts even in what might be called pioneer times to abolish the use of alcohol as a beverage and to diminish the strength of the all powerful liquor interests Gov. A. P. K. Safford in 1874 charged nine-tenths of the crime of that day to ardent spirits and observed: "When we consider that no one is benefited by its use, except for medicinal purposes, and that no greater evil afflicts the human family, should it not stimulate every good man and woman to discountenance its use as far as possible ?"
In 1884 Tucson was vited by Miss Frances Willard, evangel of the Women's Christian Temperance Union, who then organized a territorial W. C. T. U. A few months before that in Prescott had been organized the first local branch of the W. C. T. U. by the wife of Colonel Clendenning, then stationed at Fort Whipple. In 1887 at the third annual territorial convention of the W. C. T. U., held at Phoenix, a legislative committee was appointed to urge the enactment of three laws: fixing the age of consent at 16 years, prohibiting gambling and requiring the observance of the Sabbath. Failure of success in this mission led to the organization of the Women's Equal Rights Association which, in one form or another, has been maintained ever since, with the main idea that only by putting the ballot in the hands of women could the liquor power be over- thrown. Federal supervision of the liquor traffic in the territories was recom- mended by Governor Hughes in 1893.
But suffrage and prohibition still met defeat at each successive Legislature until statehood came. Finally, in 1901, a local option act was pushed through
Photo by Bate, Prescott
"CALLED"
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the Legislature largely through the influence of the Mormon Church. Under this, scattered communities commenced to vote themselves "dry," particularly in Apache, Navajo, Maricopa and Graham counties. The local option bill had been allowed to pass only with the provision that any incorporated town could be segregated in a county vote on prohibition. Thus it happened that while Apache and Graham counties went wholly dry, in Navajo County Winslow was excepted and Phonix in Maricopa County. Finally, on a referendum vote in the election of 1912, woman suffrage proved successful. In the succeeding election the long-sought-for result was accomplished. In November, 1914, pro- hibition, the first on the ballot of several suggested constitutional amendments, was adopted by a popular vote by a majority of 3,144, though carrying less than half the counties. This result was almost unexpected by the liquor dealers, who promptly appealed to the courts, claiming illegality of the amendment and a practical confiscation of their property through the provision that the act became effective January 1. It was alleged that in preventing the use of wine in sacra- mental services the act violated the Constitution of the United States, that it violated the interstate commeree law and that it was not self-executing and that it could not be enforced until the Legislature had established proper legal machinery therefor. Every protest proved unavailing, however, and the law went into effect promptly in the first hour of the new year. There were no wild orgies, as had been predicted. Very generally the liquor dealers at midnight herded out a quiet crowd, locked the doors and went home.
There has been a large loss of revenue from liquor licenses, but on the other hand petty crime has decreased very materially and the cost of public adminis- tration thereby has been lowered. In Phoenix the arrests for drunkenness had averaged over ten a day. Only occasionally in 1915 has there been an arrest for this cause and such an arrest usually led up to the apprehension of some illicit liquor dealer. General business is said to have been even benefited by the diversion of the money that formerly went for the purchase of liquor. It is yet too early for a full report, but there appears to have been an economic gain through prohibition, without reference to the abstract morality involved in the change from a condition of license that had historic authority behind it.
GIVING ARIZONA WOMEN THE BALLOT
As elsewhere stated, the woman suffrage idea in Arizona rather had its incep- tion in the prohibition movement, with the understanding that women would knock out the Demon Rum were she given the ballot. This is what really hap- pened, after many years, but the suffrage movement had gained its own stand- ing in the meantime and was being pushed with only incidental reference to the liquor traffic. Suffrage had been accepted as a really vital political issue.
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