USA > Arizona > Arizona, prehistoric, aboriginal, pioneer, modern; the nation's youngest commonwealth within a land of ancient culture, Vol. II > Part 4
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Much in. the way of constructive legislation was done in the session of 1881. On hand, provided with a well-stuffed "sack," was a large representation of the citizenship of Tombstone, who after a couple of failures, managed to secure the creation of the County of Cochise. This was fought by Tucson, which had been doing very well indeed as a supply point for the new mining camp, where- from had been coming as high as 100 mining claim notices a day for recording and wherefrom the sheriff had been drawing fees said to have run up to $25,000 a year. With much less trouble were created the counties of Graham and Gila, with seats of government, respectively, at Safford and Globe. Incorporations
J.N. GOODWIN IST GOVERN ERNOR
R.C.MCCORMICK 2ND GOVERNOR
A. P.K. SAFFORD 3RD GOVERNOR
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JOHN P.HOYT 4 TH GOVERNOR
C. MEYER ZULICK 7 TH GOVERNOR
JOHN C.FREMONT 5 ." GOVERNOR
FA.TRITLE 6 :- CP. ERMAK
GOVERNORS OF ARIZONA
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also were granted to the towns of Phoenix, Prescott and Tombstone. This ses- sion, the eleventh, was the first to have twelve members in the Council and twenty-four in the Assembly.
GOVERNOR TRITLE'S ADMINISTRATION
The next Governor of Arizona, appointed March 8, 1881, to succeed Frémont, was Frederick A. Tritle. A Pennsylvanian by birth, he hailed from Virginia City, Nevada, where he had been in business as a stock broker. He had been a member of the Legislative Council in Nevada and had been an unsuccessful candidate for governor of the Sagebrush State. His Arizona appointment was at the instance of his old friend, Senator John P. Jones of Nevada. At once he became an enthusiastic Arizonan and gave strong assistance in securing capital to work her mines. He was a man of large social gifts. While on an eastern trip, and in attendance at a formal banquet in Boston, he put Arizona before the people of the Hub in a manner that won him applause after the first shock had passed. The first toast was, "The Governor of the Oldest Common- wealth to the Youngest." Governor Bullock of Massachusetts rose to respond. While Bullock was fussing with his spectacles, Tritle quickly came to his fect and, in most felicitous manner, thanked the astonished Bostonians for the honor that had been done Arizona in calling upon him, as the representative of the oldest commonwealth of the nation, to welcome the governor of the young State of Massachusetts-and then he told how Arizona had population and a degree of government and civilization long before the first wild Indian roamed the bleak forests of New England.
The twelfth session extended eastward the boundary of Mohave County, to include all of Yavapai County west of Kanab Wash and north of the Grand Cañon, provided for the funding of some bonds, offered subsidies to a few rail- roads, recreated the office of attorney-general and changed the county seat of Graham to Solomonville, an action overturned by a county referendum vote of 1915, that gave the courthouse back to Safford.
The one thing that brought the Twelfth Legislature out of dullness was the action taken in repeal of the bullion tax law. Both parties had declared against repeal and it may be said that every partisan legislator was pledged to let the law stand. But the repeal bill slid through both houses in some mysterious fashion. Attending on the session were a couple of prosperous-looking gentle- men who, on the evidence of an old resident of Tombstone, left that camp with $26,000 in greenbacks for which they were to render no accounting. The invest- ment was a good one-for the mining companies. Yet the price was high, for President C. P. Huntington of the Southern Pacific a few years later publicly set the price of an Arizona Legislature at around $4,000.
A LEGISLATURE OF NOTORIETY
The Legislature of 1885 variously was known as the "Thieving Thirteenth" or the "Bloody Thirteenth," though the thieving may have been confined to recklessness with the taxpayers' money and it is not of record that there was bloodshed. It started off with a couple of weeks of delay in organization, the political parties and opposing interests being evenly divided. This gave the private secretary to Governor Tritle ample time to get out the first really
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comprehensive message to the Legislature that ever had been known in the territory. The deadlock finally was broken by compromise, in which the com- mitteeships and patronage were adjusted in a remarkable showing of amity. Never was a session quite so good to Prescott, where about $80,000 was disbursed in the charges of clerk hire and printing alone. There were forty-one committee clerks. It is probable that no other Arizona Legislature ever surpassed the thirteenth in the high intelligence of its personnel, and all the members were good sports and spenders. A councilman-at-large, who lived just across the street from the capitol, put in a mileage bill for transportation to and from the farthest corner of the territory, whereupon Bob Connell, a saloonkeeper and a man filled with hatred of "silk-stockings," forthwith put in a charge for a single half- mile, where he really was entitled to two miles. Bob thereafter was made chairman of the specially created committee on hydrography, whereof the clerk had no work save that of drawing $4 a day from Territorial Secretary VanArman. The for- mer home of Governor Frémont was fitted up as a club by the generous business men of Prescott, all for the benefit of the legislators.
The great issues of the session were over an attempt to re-enact the bullion tax, and an effort to create the County of Sierra Bonita, whereof Willcox was to be the seat of government. The bullion tax was not re-established and Sierra Bonta died by only one vote. There also was trouble over a bill carrying a sub- sidy for construction of a connecting railroad between the county seats of Yavapai and Maricopa counties, but this failed through the action of DeForest Porter, representative from Maricopa, who secreted the original bill, his opposi- tion based upon the wishes of his constituents. Subsidies were authorized, how- ever, for railroads from the Santa Fé to Prescott ($292,000) and from the Southern Pacific to Phoenix ($200,000). The usual efforts to move the capital from Prescott at this session were sidetracked by a liberal distribution of terri- torial moneys to other towns. Tucson was given appropriation for the founda- tion of a university, Phoenix received an insane asylum (insane theretofore had been sent to Stockton, Cal.), Tempe was given a normal school and Yuma a levee. The session was notably prolific of memorials to Congress, the most important being one praying for the purchase from Mexico of land that would embrace a port on the Gulf of California. This movement has been repeated many times since, despite a provision of the Mexican Constitution that makes death the punishment for any attempted shrinkage of Mexican territory.
There was some talk of criminal prosecution of certain members of the Thir- teenth, and Editor John Marion and a few other witnesses were called before the next grand jury to testify concerning the appropriations and particularly the method used in farming out the clerkships to figureheads. But nothing was done. It was feared that any fuss raised would lose Prescott the capital. Then, Prescott had absorbed most of the money, anyhow.
SWITCHING TO DEMOCRACY
Grant Oury, who for a term had represented Arizona in a Confederate Con- gress, and who had latterly sought similar honor at Washington, finally achieved this ambition in 1880, when he was elected to the office of delegate over M. W Stewart, republican, by a majority of about 400, in a total vote of 7,700. Onry
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George F. Coats
Judge De Forest Porter
EARLY DAY MAYORS OF PHOENIX
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was re-elected in 1882, when he received 6,121 votes, his opponent, Judge De Forest Porter, receiving about 5,200.
Just to show that personality still counted, a republican was elected in 1884, C. C. Bean, a pioneer mining man of Yavapai County, who was opposed by C. P. Head of the same county, one of the leading merchants of Prescott and a man of notably high standing. Bean's vote was 6,820 and Head's 5,671.
In 1886 democracy came back and remained in the saddle for many years thereafter. This was the year of the advent, territorially speaking, of Marcus A. Smith, who had served with distinction as district attorney of Cochise County. Bean ran again, but was beaten decisively, the vote standing, Smith 6,355, Bean 4,472. In 1888 Smith was re-elected by a vote of 7,686, compared with 5,832 for Thos. F. Wilson of Tucson. Smith's majority mainly came out of the Salt and Gila River valleys, where he made the campaign on opposition to a con- gressional act seeking to establish a Court of Private Land Claims.
CHAPTER XXVII CLEVELAND TO MCKINLEY
Troublous Political Times through the Administrations of Governors Zulick, Wolfley, Irwin, Hughes and McCord-The Asylum Inquiry-Change of the Capital to Phoenix-Lost Laws-Hold-over Muddle-Yuma Prison Labor Contract-New Code.
There was a change of national administration March 4, 1885, when Grover Cleveland was seated as President. Great was the rejoicing among the demo- crats of Arizona. At Phoenix the world was invited to a celebration. There was keen rivalry for the offices. But the governorship went to a very dark horse, and not an Arizonan at that, to C. Meyer Zulick of New Jersey, a former New York political associate and personal friend of Cleveland. It is not improbable that Zulick, one of the cleverest of politicians, had indicated a desire for recognition, but the date of appointment, in the fall, found him seventy miles below the international line, at Nacozari, Sonora, where he had been sent to straighten out the financial difficulties of some Newark, N. J., clients, who had mines in the locality. The news was sent him by W. K. Meade of Tombstone, whose office of United States marshal had floated to him on the same tide. The messenger was M. T. Donovan, who later told how he found the future Governor of Arizona a prisoner, hostage for the payment of his company's debts and how, at 2 a. m. Zulick was smuggled from his quarters. But the great news was not broken till the buckboard had been driven across the line, near where Douglas now stands.
As territorial secretary there was appointment of Jas. A. Bayard, son of the secretary of state. On hand Governor Zulick found problems of state well worth attention. He was besieged with applications for office and had diffi- culty in getting the jobs away from the republican occupants, who had some rights of tenure on the basis of confirmation by the territorial council for a two-year term. Possibly the most difficult job of elimination was that of the board of directors of the insane asylum, which lately had completed construc- tion of an asylum building near Phænix. The governor utilized an act em- powering appointment of an honorary board of directors, which proved to be an investigating committee. This body returned twelve accusations against Directors Stewart, Lincoln and Hatch, particularly covering the sale, at too low a price, of $100,000 in bonds voted by the Thirteenth Legislature. At a hearing in Prescott, the board members refused to acknowledge the authority of the governor or to produce their books. Governor Zulick, thereupon over- ruling all objections to his status as inquisitor and judge, found the defendants
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guilty and, on May 15, 1886, ordered their removal. The members refused to accept dismissal but finally, under a decree of court, were ousted on November 23. The governor was more than severe in his summing up the whole trans- action. Much else there was of stormy contention during the administration, most of it due to the warring democratic factions, a dispute that soon grew to have serious personal feeling, but it would take more than a pamphlet to set all of it forth.
THE MEASLY FOURTEENTH
The Fourteenth Legislature was so very different that it was dubbed in Prescott "The Measly Fourteenth." It is a fact, however, that a number of the members really were prostrated with the measles and mumps. One of the first things done was kill an act of the former Legislature that had granted Patrick Hamilton, one of the period's most brilliant writers, an appropriation of $5,000 a year for salary and expenses as commissioner of immigration. The session now may be especially remembered by its creation of the Live Stock Sanitary Board, through which Arizona since has been kept free of stock disease and of olden-time range "rustling."
Governor Zulick refused to acknowledge the power of the Legislature to transfer his power of pardon and declined to honor the provisions of an act of the Thirteenth Legislature creating a board of pardons. The act had been passed on recommendation of Governor Tritle.
A side notation of this period concerns Fred Smith, son of a prominent Virginia politician, who had been appointed receiver of the Tucson land office during a time of unusual reclamation activity. After a season of large social activity, Smith disappeared, his accounts short about $30,000. A part of the money was repaid the Government and Congress authorized the crediting of sums paid Smith by settlers. Nearly fourteen years later, Smith's bondsmen, most of them Phoenix residents, were compelled to pay the balance, under an order of the Supreme Court of the United States.
A CAPITOL ON WHEELS
The end of the Zulick administration was a veritable whirl of political incident. After the election of 1888 it became evident that Prescott's hold on the capital, maintained through the years at the cost of many sacrifices and trades, at last was slipping. The Fifteenth Legislature began its session in Prescott January 21, 1889. Some of the members claimed they had been met even with hostility by the local population, for there was evidence that removal had been determined upon both by a legislative majority and the governor. January 26 the governor's signature was affixed to Act No. 1, which declared. that "on and after the 4th day of February, in the year of Our Lord Eighteen Hundred and Eighty-nine, the permanent seat of government and capital of this Territory shall be, and the same is hereby located and established at the City of Phoenix, in the County of Maricopa." Then there was recess till February 7. Then there was a joyous junket around by Los Angeles, with Pullmans and entertainment furnished at the expense of a number of patriotic citizens of Phonix. There was a nearer and cheaper mode of transportation, by stage, between the two cities, but railroad transportation for legislators in
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those happy days was by pass. Indeed, it had come to the point where the annual transportation given by the Southern Pacific and Santa Fé had become considered a part of the legislator's legitimate emoluments of office. Possibly this was costly to the companies, but it saved them much adverse legislation that descended upon them in later, passless, days.
At Phoenix the refreshed statesmen met in pleasant halls fitted up on the upper story of the new city hall, wherein most of the main floor was given over to the offices of the governor and secretary and to the territorial library.
Among the acts passed at the fifteenth session, possibly the most notable was that making train robbery a crime punishable by death. There was pro- hibition of the carrying of deadly weapons in towns, a subsidy of $3,000 was offered for the development of any artesian well, Gila County was given the northern part of Tonto Basin at the expense of Yavapai, tax exemption was offered for six years to any railroad that should be built to the Grand Cañon, ability to read and write the English language was made a necessity for hold- ing office, provision was made for securing a capitol site in Phoenix, with S. M. Franklin, C. W. Johnstone and T. D. Hammond as commissioners, and au- thorization was given for the assembling and for the costs of a statehood convention.
Also to be considered are the "Lost Laws," eleven bills that had been put away by Governor Zulick in the closing days of the session and that later were brought to light and to be certified as laws by the new secretary, N. O. Murphy, on the ground that they had remained with the governor ten days during a session of the Legislature, without adverse action on the part of the executive. Few of the eleven were of importance. There was an abortive sort of Sunday- closing act, one for compulsory school attendance, and a university appropria- tion act.
That a political grudge may have long life is shown by the action of the Second State Legislative Senate of Arizona, which in January, 1915, rejected a House joint resolution inviting C. Meyer Zulick to visit Arizona. The reso- lution and Zulick himself were denounced by State Senator Morris Goldwater of Prescott, who detailed all the circumstances that led to Prescott's loss of the capital. It was charged that the removal largely was due to the presence of "a sack of money sent to the Hon. J. H. Carpenter, to be used where it would do the most good." Goldwater detailed also how he had fought in the demo- cratic conventions at the time against endorsement of the Zulick administration and how his policy had remained constant unto the latter days. So the resolu- tion was defeated.
QUICK CHANGE OF GOVERNORS
President Harrison took office March 4, 1889. This event had much to do with the fortunes of Governor Zulick and affected very materially the actions of the Fifteenth Legislature, wherein the republicans had control of both houses, with Chas. R. Drake of Tucson President of the Council and John Y. T. Smith of Phoenix Speaker of the House. March 22, for political advantage, remembering a few of his initiatory experiences, the governor nominated a full set of territorial officials from among his own particular following. These nomi- nations all were rejected by the Council, for telegrams had been pouring in
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on the President depicting the woeful conditions of his party in Arizona and asking immediate action on gubernatorial appointment. So, early in April, Zulick was notified of his removal and to the place, through the influence of Secretary Noble of the Interior Department, was appointed Lewis Wolfley, a Yavapai County mining man and surveyor. Wolfley started from Washington for home as soon as he was assured of appointment. Telegrams awaited his coming at every station and he was well advised of conditions that had developed within the territorial government.
From a republican viewpoint, the situation in Phoenix was a serious one. Governor Zulick, ever mentally active, had made the astounding announcement that he would refuse to recognize the legality of a session of the Legislature that extended over a period of sixty days, all inclusive, dated from the time of the legal assembly of the body. In this he was sustained by the language of a congressional act that may, however, have applied merely to the compensa- tion of the members. But the republicans claimed that the intent of the act was to cover working days and not elapsed time. They wanted to claim the time they had spent on the Los Angeles trip. Zulick insisted that there could have been no legal business after March 22. The democrats, save only a few, quit the session. The republicans held on, adjourning from day to day, awaiting the coming of Wolfley.
The new governor arrived April 8, with his appointments fairly well deter- mined. The last of them were confirmed April 11 and then the belated adjourn- ment was taken.
BIFURCATED TERRITORIAL GOVERNMENT
For some time thereafter Arizona rejoiced in possession of two sets of offi- cials, de facto and de jure, for the democratic incumbents refused to surrender. The question went into the courts especially upon the rights of Thomas Hughes, the Wolfley appointee as auditor, confirmed April 8. The new attorney gen- eral, Clark Churchill, urged that previous legislatures, back to the eleventh, had passed the sixty-consecutive-day limit without dispute and in the addi- tional days had enacted much legislation of importance. The session of the eleventh, in 1881, was after Congress had extended the limitation from forty days, the legislative session at the time New Mexico was formed.
Though succeeding legislatures never dared another such experiment, Ari- zona court decisions rather favored the republican side, but on grounds outside the main sixty-day contention. The republicans gained control of the treasury and the democratic officeholders were left without funds, a condition somewhat shared by the territorial government at large, for the appropriation bill had also been left in dubious shape. Governor Wolfley appealed to the President and Congress for help, instancing that he was powerless to exercise any authority at the penitentiary, "where the Territorial Prison Board are now actually in default to the territorial treasury about $6,000, which they acknowledge, and one of their number has absconded." This was a reference to "Little Steve," Secretary Geo. H. Stevens of the board, who had made good his escape to British Columbia. The muddle at large was settled by a gradual withdrawal of the harassed democratic officials, who found no pleasure in official life to which no pay was attached. Some of them were given their claimed emolument by subsequent democratic legislatures.
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Having cleared away the wreckage, Wolfley's administration ran more smoothly, though soon complicated by the starting of an administration organ at Phoenix, the Republican, into which went a large part of the official salary list.
THE RESTRAINT OF THE HARRISON ACT
The election of 1890 was a disastrous one to the republicans in Arizona. Mark Smith was elected congressman over Geo. W. Cheyney of Tucson and a democratic Legislature was chosen. In this Legislature, the sixteenth (in 1891), C. Meyer Zulick was seated as councilman from Maricopa County, which in the lower house was represented by T. E. Farish and L. H. Chalmers, all democrats. The Republican's job office had turned out an elaborate pamphlet, on Arizona's Resources, just in time, as Commissioner of Immigration John A. Black had his office taken from under him by the second act of the session. The third abolished the office of territorial geologist. The fourth, killing fiestas by prohibiting gambling within them, was novel in that it was supported by the regular gambling fraternity of the territory, represented by one of their number, Fred G. Hughes, President of the Council. The Friday following the first day of February was established as Arbor Day. Possibly in prophetic hope of the next national election, the governor was given power to remove any of his or his predecessor's appointees when he thought the public interests might be subserved. A maximum railroad fare of 6 cents a mile was ordered. Materially affecting construction of a railroad through Prescott from Ash Fork to Phonix was a bill passed giving a tax exemption for twenty years. Presi- dent Harrison had vetoed a subsidy bill before this, much to the distress of the people of Yavapai and Maricopa counties. Right here may be stated the fact that the Harrison Act of Congress, limiting the indebtedness to which the territories might subject themselves, was the best safeguard ever known by the lean treasury of Arizona. The Sixteenth Legislature did much to purify elections by passage of the Australian ballot law, which, with slight modifica- tion, still is in effect. Statehood seemed so near that provision was made for a constitutional convention and for the election and pay for the delegates, who were to assemble in Phoenix in September, 1891. Gila County was given more of Tonto Basin. A military code was adopted. Authorization was given for the maintenance of a force of rangers. A start on the road to prohibition was denial of liquor to drunkards or minors. Creation was made of a board of rail- road commissioners and provision was made for an exhibit at the Chicago Fair.
Possibly the best work of the Wolfley administration was the funding of the territorial bonds, which had been a rather complicated and heavy burden, draw- ing interest generally at 7 per cent or more. In the Legislature of 1895 this service was given appreciation by a vote of $5,000 to ex-Governor Wolfley, to pay his expenses in connection with the funding, whereby, in the language of the bill, "the Territory has been saved $59,006.40 in annual interest." The bill was vetoed by Governor Hughes, but was passed, notwithstanding.
WOLFLEY'S IMPEACHMENT OF THE SUPREME COURT
Temperamentally, Governor Wolfley was hardly fit for the trials and irrita- tions of his office. He was a man of positive, rugged character, who tolerated no
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