USA > Arizona > Arizona, prehistoric, aboriginal, pioneer, modern; the nation's youngest commonwealth within a land of ancient culture, Vol. II > Part 29
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Much has been written concerning an alleged utterance of O'Neill's, "Who would not die for a star!" This has been interpreted variously as meaning either the annexation of Cuba or the placing of Arizona's star of statehood on the nation's flag. Its real basis was in connection with the presentation of commissions to the senior Arizona officers in Phoenix, when Adjutant-General R. Allyn Lewis, lifting high a glass of wine, dramatically exclaimed, "Here we drink the soldier's toast-death or a star." The adjutant-general made ex- planation at that time that he meant the star that marked on the shoulder strap the rank of a general.
O'Neill was buried on the battlefield in a little valley near San Juan Hill. Search for the grave by Captain Alexander proving unsuccessful, Chaplain Brown, who had superintended the burial, was called on. He found the loca- tion and made positive identification, for, in the dead soldier's blouse, within O'Neill's match safe, he had placed a paper carrying the officer's name and rank. The body was returned to Washington and, May 1, 1899, there buried in all honor, in the National Cemetery at Arlington, beneath a massive granite monument inscribed with the name and with a brief chronicle of the deeds of the soldier who rested beneath.
The Twentieth Legislature passed a resolution introduced by Stevens of Pima County, expressing the sorrow of Arizona over the sad and untimely death of Captain Wm. O. O'Neill and of the other Arizona troopers who gave up their lives in the Spanish war .. Expression was given "the high estimate entertained for Captain O'Neill's public and private ability and personal in- tegrity and especially his distinguished patriotism when his country called for heroes." So therefore it was resolved "that we offer our kindliest sympathy to his sorrowing family and offer in alleviation in the pangs of suffering, that his life was gentle and the elements so massed in him that nature might stand up and say to all the world: 'this was a man.' "
THE FIRST TERRITORIAL INFANTRY
When the Rough Riders were enlisted in Arizona there was even opposition from the National Guard of that date, which claimed, with apparent justice, that it should have been made a part of the first army. But the first quota went to the First Volunteer Cavalry, and it was not until the latter part of 1898 that the National Guardsmen were given their chance. Arizona then was allotted three companies in an organization that was given the "top-heavy" name of "First Regiment Arizona, New Mexico, Oklahoma and Indian Territory United States Volunteers." When it was found that the initial letters would run around the collars of the officers and would occupy all of a soldier's hatband, the designation was changed to "First Territorial Infantry." The commanding officer was none other than the governor of Arizona, Myron H. McCord. He had had no military experience, but was an old-time associate of President McKinley, with whom he had served in Congress. McCord was deeply patri- otic, but did little more than administrative work. Drill was handled by Lieut .- Col. D. G. Mitchell, a regular army officer of ability, who utilized the excellent material given him to whip into shape what undoubtedly was one of
ROUGH RIDER MONUMENT IN THE PLAZA, PRESCOTT
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ARIZONA-THE YOUNGEST STATE
the best volunteer organizations enlisted in the war with Spain. The personnel was of the best. The companies were recruited to regimental strength of about 1,300. Four of the companies were from New Mexico and four from Oklahoma. The twelfth company was from Indian Territory, attached to the Arizona battalion.
The rendezvous of the Arizona companies was at Fort Whipple. Organiza- tion of the regiment as a whole was made at Fort Hamilton, near Lexington, Kentucky, in October, 1898. At Lexington it remained for about six weeks, when it was transferred to Camp Churchman, near Albany, Georgia, where it was mustered out in February, 1899. It had seen no service and there had been little incident, save forcible resentment by several hundred soldiers of the mistreatment, by the city authorities at Lexington, of several of their num- ber. The regimental officers credited to Arizona, besides Colonel McCord, were Major Frank Russell and Regimental Adjutant J. W. Crenshaw. Com- pany A was mustered in at Phænix, July 4, with Russell as captain and Cren- shaw and F. W. Hill as lieutenants, its strength nearly all National Guardsmen. Company B was from Tucson and other Southern Arizona points. Its officers were Capt. Herbert S. Gray and Lieuts. Wiley E. Jones (later attorney-general of Arizona) and Emanuel Drachman. Company C was credited to Prescott, although much of its strength was from Flagstaff. C, E. Donaldson was captain and F. C. Hochderfer and W: G. Scott were lieutenants. When Russell was made major, Christy followed him in command of Company A, Crenshaw became adjutant, Hill first lieutenant, and First Sergeant E. M. Lamson was commissioned second lieutenant. The death roll of the Arizonans during enlistment or immediately after discharge was small and included J. J. Sullivan and J. A. Arnold of Company A, T. E. Cunningham of Company B and H. E. Small of Company C.
February 15, 1900, in Phoenix, was held a reunion of the members of the First Territorial Infantry. In the chair was Colonel McCord, who stated that not for an instant had he ever regretted his action in resigning the governorship of Arizona for the command of such a superb body of men.
Arizona furnished a company or more to the Thirty-fourth Regiment of United States Volunteer Infantry, organized at Fort Logan, Colorado. Leading fifty-one young men from Phoenix were J. E. Campbell and A. H. Stanton, former Rough Riders and regulars. The enlistment was under the charge of First Lieut. Max Luna, a former captain of Rough Riders from New Mexico. Luna was drowned in the Philippines a few months later, while fording a stream in company with General Lawton.
ORGANIZATION OF MILITIA FORCES
During the early territorial period the war department furnished a large number of rifles on the receipt of the governor, to be issued to settlers for defense against the Indians. The rifles were distributed, but only a few ever came back. It would appear that they were not needed very keenly, for about every man had his own gun in those days. Still. a number of them doubtless armed the motley band of Mexicans and Indians that formed the greater part of the attacking force at Old Camp Grant, for, as early as October, 1866, the attorney-general was instructed by the Legislature to settle with Wm. S. Oury
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for 105 muskets and 18.000 rounds of ammunition belonging to the territory and which remained unaccounted for.
Under the authority of legislative action, Governor Safford, late in 1870, organized a company of volunteers to protect the settlements in the Sonoita and Mowry sections and which operated in conjunction with the regular troops in scouting against the Indians along the border.
The Ninth Legislature early in 1877 gave authority to the governor to raise a company of volunteers to protect the settlers against hostile Indians and appro- priated $10.000 toward the necessary expenses. The command was to embrace sixty men, within which might be included Indians. The captain was to receive $100 a month. each white soldier was to have $1 and each Indian 50 cents a day. with allowance of 50 cents per man for rations.
The citizens of Tucson in 1882 had raised and equipped a company of fifty men, under Capt. W. J. Ross. after having received assurance from Governor Tritle that he would recommend to the Legislature repayment of the sums expended in support of the organization. This amounted to $11,000. and Tritle turned the account over to the Twelfth Legislature. in 1583. as per agreement.
While there had been many volunteer organizations within Arizona, ranking as "militia." gathered usually in a desire to help against the Indians. the first company to be really mustered in appears to have been Company B. First Infantry, its captain. Frank S. Ingalls, commissioned by Governor Tritle on May 25. 1882. Captain Ingalls only a short time before had arrived in Prescott. to serve as secretary for the governor. after service in the military battalion of the University of California. Thus for years he held place as the officer of oldest service within the guard. from which he took retirement with the rank of major.
The first company was to have been one in Graham County. with Peter J. Bolan. a very well-known politician of the day. as captain. But Bolan's organ- ization never reached the really military stage. The letter, about a year after. was taken by the Prescott Grays. a company headed by "Buckey " O"Neill
In December. 15$4. Governor Tritle instructed Adjutant-General M. H. Sherman to inspect all military organizations within the territory and take charge of all military property. much of it held by persons legally unauthorized. In 1887 Governor Zulick stated that only the two companies in Prescott could be accepted as regularly organized.
Since the organization of the National Guard of Arizona. it has had only four commanding officers. After the passage of the military law in 1891. Governor Irwin appointed as colonel of the First Infantry Alex. O. Brodie of Prescott. a graduate of West Point and a cavalry officer of distinguished service on the frontier. He served for only a year. resigning in May. 1692. when N. O. Murphy succeeded to the office of governor. Then. elected by the officers. the command of the regiment passed to John H. Martin of Tucson, who had had National Guard experience in an eastern state. Colonel Martin retired in 1902 and was succeeded by Jas. H. MeClintock. who had had late service in the First I'nited States Volunteer Cavalry. On the retirement of Colonel MeClintock in 1º12. Capt. A. M. Tuthill of Merenei was elected to the place vacated.
ARIZONA BATTALION, FIRST TERRITORIAL INFANTRY, WHIPPLE BARRACKS
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SERVICE OF THE NATIONAL GUARD
In February, 1896, occurred the Fitzsimmons-Maher prizefight. It was assumed that Arizona was to be the favored locality, contemptuous of a con- gressional law making prizefighting within the territories a crime. The govern- ors of Arizona and New Mexico were privately instructed by the Secretary of the Interior to see that the fight did not occur within those territories. In obedience, Gov. L. C. Hughes of Arizona used the only means at his disposal and very properly called out several companies of the Arizona National Guard. The governor and Adjutant-General Ed. Schwartz placed the work in charge of Maj. R. Allyn Lewis, First Infantry, later adjutant-general. Major Lewis learned that Promoter Dan Stuart intended to load his fighters and fight attend- ants on a Southern Pacific train in the El Paso yards, steal into the San Simon Valley about daybreak, two days before the fight was billed, and finish the fight in time to take the single east-bound train of the road the same afternoon.
So Companies D and F of Tucson, under the command of Captain Traylor, were dropped by Major Lewis at Bowie. The troops there remained about a week, while Major Lewis kept watch at headquarters in El Paso. A suggestion to go across the border to Juarez was defeated by the refusal of the Mexican authorities, with whom the state department at Washington had been in com- munication. The fighters and their admirers finally were started eastward on the Southern Pacific, and the fight was "pulled off" just across the Rio Grande at a point near Langtry, Texas.
The Legislature of 1899 cut off all appropriation for the National Guard, for some unknown reason only slightly connected with the opposition of labor organizations. The officers of the guard, for the succeeding two years, led by Adj .- Gen. H. F. Robinson, themselves paid all incidental expenses of the organ- ization. The following Legislature, in March, 1901, passed a new militia code, giving authorization for the necessary expenses of the guard, established a salary for the adjutant-general and repaid him his expenditures.
The Legislature of 1903 passed an act effective June 1 of that year fixing the period of employment of workingmen in all underground mines at eight hours a day. Trouble started promptly on June 1, for a number of mining companies had made provision for an hourly rate of wages instead of the former payment by the day. The agitation covered practically every camp in the territory, but proved serious only in the Clifton District of Southeastern Ari- zona, where the mine owners had posted a wage schedule of nine hours' pay for eight hours' work. Inasmuch as the average compensation of the Mexican miners was only $2 a day, the new scale was considered below a living wage and so there was a strike of 3,000 men and the enforced closing of the works of the Arizona, Detroit and Shannon copper companies.
For the first few days, lacking union organization, the strikers lacked cohesiveness. Bands of them marched down upon mines and mills and enforced their demand for the stoppage of all industry. At Coronado thus was forced out of work a Roumanian, W. H. Laustenneau, better known as "Three-fingered Jack," who in another day had seized command of the strikers' forces. He was a wonderful liar. He told his followers that he had telegrams from President Roosevelt and from President Diaz, assuring him of support. On the strength of some miiltary training in his native land, he organized 1,600 of the strikers
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into eight companies and evolved a clever plan of campaign by which he expected to capture the Town of Morenci. The plan failed, owing to two unfore- seen circumstances. The first was a heavy rainstorm, on June 9, that oppor- tunely swept down on the locality just as Laustenneau was marshaling his forces on the hills above the town. The other was the arrival of two battalions of National Guard Infantry on the afternoon of June 10.
When trouble appeared imminent, the mine managers so informed Acting Governor I. T. Stoddard, who forthwith ordered out the greater part of the First Arizona Infantry, under Col. Jas. H. McClintock, acting adjutant-general, and also telegraphed the war department requesting that regular troops be sent to support. The National Guard reached Morenci with all expedition and totally unexpected by the rioters. The mining works and stores were being held by a splendid force of American employees of the several mining companies, reinforced by a score of Arizona Rangers led by Capt. T. H. Rynning. Also to be considered was a considerable force of deputy sheriffs headed by Sheriff Parks.
The camp at once was surrounded with a cordon of soldiers who upheld the authority of the sheriff as he picked up a score of the leaders of the rioters. The bayonet had to be used in a number of cases, but no one was severely wounded on either side. The next day public meetings were dispersed and arrangements were being made by the mine officials for the reopening of their works, when the camp was reached by Colonel Lebo of the Fourteenth Cavalry, with five troops of dismounted cavalry from Forts Grant and Huachuca. The regulars remained in camp below the camp that evening and the next day the territory to be guarded was divided between them and the territorial troops. Within a week civic conditions had returned to about the usual state and all soldiery had departed save a garrison of one troop of the Third Cavalry, sent in from Fort Apache.
In the latter part of 1915 more trouble materialized in the Clifton-Morenci District, where the miners struck for higher wages and for union recognition. The National Guard again was called in, under Adjutant-General Harris and Majors Donkersley and Grinstead, though with declared official sympathy with the strikers at the state capital.
After the passage by Congress of the Dick militia act, the administration of the Arizona National Guard was given much better support, nationally and locally, and today the citizen soldiery of the state, in a full regiment of twelve companies, constitutes a remarkably effective force, well armed and equipped and well trained.
CHAPTER XLIV
SOUTHWESTERN LAND GRANTS
Possible Benefit of Harsh Natural Conditions-Fen Grants Made in Arizona-The No- torious Peralta-Reavis Fraud and How It Was Uncovered-Work of the Court of Private Land Claims-Railway Subsidy Grants-Modern Surveys.
According to one of Arizona's latest and ablest territorial governors, the harsh natural conditions under which pioneering had to be done in Arizona, the very hostile fringe of Apaches, were not unmixed evils. Where Nature had more friendly aspect, as in the lands on either side, the valuable sections speedily were parcelled out to politicians of the day, and thereafter were kept iu large blocks, wherein the later American settler had small show of entrance. Many of the fairest valleys of California and New Mexico still remain in single private holdings, where hundreds of homes should be.
Few were the land grants of Arizona, and luckily they were placed upon few localities in which, in the end, they had blighting influence. It has seemed as though some beneficent power had saved the richer lands of Arizona for later and more beneficial uses. Today the valleys of the Salt and Gila and lower Colorado, saved from the Spanish land grant by desert passages and hostile Indians, know thousands of homes instead of a few great haciendas.
Under the ancient laws of Spain, Nueva España was claimed by the monarch as a conquered kingdom. For facility in handling a settlement of the lands in 1756, New Spain, exclusive of Upper and Lower California, was divided into twelve provinces, intendencias. One of these was the Intendencia of Sonora and Sinaloa, with headquarters at Arizpe, whereat most of the Arizona grants originated.
A bit of complication was afforded by the establishment of missions, each of which was granted ground for buildings and settlement farms and gar- dens. The missions particularly having lands in question in Arizona were Guebabi, on the present Arizona's southern edge, and Tumacácori and San Xavier in the Santa Cruz Valley.
Grants had been made for various purposes from the time of the independ- ence of Mexico, around 1821, when the disposition of lands continued under about the same methods as before.
The former intendencia covering upper Sonora became known as the Estado del Occidente. In 1825 the Sonora Legislature, which had the resounding title of the "Constituent Congress of the Free, Independent and Sovereign State of the West," passed a law under which much of the northern lands passed under private control. It would appear that most of the transfers eventually were abandoned for various reasons, particularly drouth and Apache raids.
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LISTING THE LAND GRANT CLAIMS
Under the terms of the Treaty of Guadalupe Hidalgo, in 1848, and the Gads- den Purchase, in 1853, the United States was bound to recognize all land titles. One of the principal duties of the surveyor-general of New Mexico, whose office was created in 1854, was to trace the validity and outline the boundaries of the various land grants. The same duty was put upon Surveyor-General John Was- son when he was appointed to the office of surveyor-general of Arizona in 1870. He and his successors could do no more than to gather up the loose ends of the land grant claims. This in itself was a serious task till the whole subject was referred finally to the Court of Private Land Claims, especially created to pass upon southwestern titles originating under the authority of Spain or Mexico.
Following is a tabulation of grants that were brought before the court, the acreage claimed and the acreage conferred :
Peralta grant
Acres Claimed 10,467,456
Confirmed
Rejected 10,467,456
San Rafael de la Zanja.
152,889
17,353
135,535
San Ignacio del Babacomori.
123,068
34,707
88,361
El Sopori
141,721
141,721
Tumacácori, Calabazas y Guebabi.
73,246
73,246
Agua Prieta
68,530
68,530
Tres Alamos
43,384
43,384
San Ignacio de la Canoa
47,000
17,208
29,791
San Pedro
37,000
....
37,000
Los Nogales de Elias
32,763
. . .
32,763
San Juan de las Boquillas y Nogales
30.728
17,355
13,372
Aribac
26,508
26,508
El Paso de las Algodones.
21,692 -
21,692
San Rafael del Valle.
20,034
17,474
2,559
Buena Vista
18,648
7,128
11,520
San Bernardino
8,688
2,366
6,321
San José de Sonoita
12,147
7,592
4,555
Reyes Pacheco
600
600
Total
11,326,108
121,187
11,204,920
The San Rafael de la Zanja (of the ditch) grant dated from May, 1825, when a grant was made to Manuel Bustillo of four square leagues of land in the vicinity of the Presidio of Santa Cruz. It cost all of $1,200, for there were other bidders. There was some confusion concerning this, for the Mexican surveyor absentmindedly laid off four leagues square for good measure. This grant embraces a large amount of valuable grazing and farming land in the present County of Santa Cruz, including the mining camps of Harshaw and Washington in the Patagonia Mountains. The grant passed into the hands of the Cameron interests of Pennsylvania, and today is included within an enormous and very valuable cattle ranch.
The San Ignacio del Babacomori grant lies in Cochise and Santa Cruz counties, in the neighborhood of the Presidio of Santa Cruz. The grant orig- inally was made to Ignacio and Eulalia Elias, brother and sister, to whom it was sold December 25. 1832, for the sum of $380 for grazing purposes. The grantee under the court decision was Dr. E. B. Perrin.
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El Sopori grant, of 141,721 acres, was rejected on the ground that "the original title papers were forged, antedated and otherwise were invalid."
The grant of Tumacácori de las Calabazas y Guebabi, approved for the entire claim, dated back to 1806, when a grant of land was given Juan Laguna, gov- ernor of the ancient Indian Pueblo of Tumacácori, to replace title papers that had been lost and destroyed. There were two sections granting lands for "fundo legal" for pueblo territory, and for an "estancia" or stock farm. The district was abandoned, at least temporarily, and, in 1844, under an act of the Mexican Congress, was sold at auction, realizing the large sum of $500, paid by Francisco A. Aguilar, from whom title descended.
The San Ignacio de la Canoa grant in the Presidio of Tubac was granted in 1821 to Tomas and Ygnacio Ortiz at an approved valuation of $30 a square league. This grant was confirmed by the Mexican Government in 1849 and again by the United States on favorable report of the surveyor-general in 1880, placing the title in Frederick Maish and Thomas Driscoll of Tucson.
The Boquillas grant lies along the San Pedro River. Title was given in 1853 to Ignacio Elias Gonzales and Nepomuceno Felix for the sale price of $240. The ranch, which extended as far as the old settlement of Tres Alamos, was confirmed to the possession of George Hearst and Janet G. Howard.
The San Rafael del Valle grant dated back to 1832, when it was sold for $240 to Rafael Elias Gonzales as a stock farm. About 1874 the tract was claimed under a mortgage by Camou Brothers of Sonora, in whom title finally was vested.
Buena Vista grant, more properly known as the Maria Santisima del Car- men, was located in the jurisdiction of the Presidio of Santa Cruz, Santa Cruz County. The original grant, October 24, 1831, was to Doña Josefa Morales, from whom it had descended to Maish and Driscoll of Tucson.
San Bernardino grant, situated in southern Cochise County, was sold by the Mexican Government March 23, 1822, for $90, to Ignacio de Perez, from whom title had come to John H. Slaughter.
The San José de Sonoita grant lay in the rich Sonoita Valley, about twenty- five miles southeast of Tubac and six miles northeast of Calabazas, and was granted May 15, 1825, to Leon Henores, on payment of $105. The title was finally vested in Matias Alsus.
CONFIRMATION OF THE BACA FLOAT GRANT
Especially interesting was the application for title to the Baca Float Grant No. 3, a matter settled in the ordinary courts. Its basis was the purchase by the United States of a valuable grant in Northern New Mexico near the Town of Las Vegas from Luis Maria Baca, he receiving as consideration permission to take rights for the selection of five tracts of approximately 100,000 acres each. Two of these rights were placed in New Mexico, one in Colorado and two in Arizona. One of the Arizona "Floats" is in Western Yavapai County near Walnut Creek, and is owned by Dr. R. E. Perrin. The other right, on June 20, 1863, was dropped upon land in the upper Santa Cruz Valley, including the settlements of Tubac and Tumacácori and Calabazas. The claim was made within three days of the expiration of the three years' limit and was governed by stipulation that the land taken was to be non-mineral in character and
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