USA > Arizona > Arizona, prehistoric, aboriginal, pioneer, modern; the nation's youngest commonwealth within a land of ancient culture, Vol. II > Part 7
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In the campaign of 1906, Mark Smith again was a candidate for Congress. He was successful over his republican opponent, W. F. Cooper of Tucson, by 2,192 plurality. This election was complicated with the joint statehood fight. Those in favor of jointure had a candidate, C. F. Ainsworth of Phoenix, who, however, polled only 508 of the 3,141 votes cast in favor of the proposition. The vote against joint statehood totaled 13,124.
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The Twenty-fourth Legislature of Arizona met Jannary 21, 1907. In the Council were eight republicans and four democrats. The majority elected to the presideney A. J. Doran of Yavapai. The House of Representatives had sixteen democrats and eight republicans. The speakership went to Neill Bailey of Cochise County. This Legislature was notable for a number of economies, more or less enforced. Theretofore transportation almost anywhere could be had by any legislator or his friends. A national law had cut off this incidental endow- ment, however, and hence much more of the session was devoted to real legisla- tive business than ever before had been known, and junketing trips were fewer. Governor Kibbey also had given publie notification that the common graft of rewarding political service by legislative appointment to clerkships must be restrieted.
The Legislature unanimously passed a resolution of sympathy with the City of San Francisco in connection with the schooling of oriental children, an inter- national question on which California and the President then were clashing. The republiean majority of the Council, after thinking the matter over, reconsidered its action and killed the resolution. There was a strong change in sentiment from the previous Legislature, for a bill absolutely prohibiting gambling passed by a vote of every member of the Council and all but two members of the Honse and immediately was signed by the governor, to take effect April 1. Another moral reform bill prohibited the presence of women or minors in any drinking saloon.
LIFTING THE MINING TAX ASSESSMENT
The greatest struggle of the session was over mine taxation, which Governor Kibbey declared was far too low. He urged the taxation of mines on much the same basis as other property and deelared against a proposal to re-enact the old bullion tax bill, which would refer only to the net mining product, a basis that would finetuate according to the price of copper and according to the desires of any copper trust that happened to be manipulating the market. The mining interests were strong enough to block any such plans as outlined by the governor and, largely as a bluff, in the latter days of the session was passed a bullion tax bill which, for taxation purposes, fixed the value of a mine at 25 per cent of the value of its gross product of bullion. This was passed down to the governor in the fullest confidenee that he would veto it. There was consternation in the mining ranks a day or two later, for the governor, instead of filing the measure away as was in his power, made it a law and advised the Legislature that while the bill was not one that merited his approval, it still provided a plan whereby a larger ineome could be secured the territory from the mines than had been known before. The governor stated that two years before the mines with all their improvements had been valned at ouly $2,500,000. This had been raised to $14,000,000 and under the new law it could be figured that the amount would approximate $20,000,000.
Indeterminate sentences were authorized for the punishment of persons eon- vieted of erimes. There was the creation of a sheep sanitary commission. Authorization was made for the removal of the territorial prison from Yuma to Florence, an act that had only slight opposition from Yuma, which had rather tired of the prison and its consequent notoriety.
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In the memorials the legislators sought an increase of compensation for themselves, with the statement that $4 a day hardly paid their hotel bills. Appropriation was asked to control the flood waters of the Gila River in Graham County, and of $1,000,000 for the building of a storage reservoir at San Carlos. There was a protest against the granting of permission to any railroad to build through this San Carlos damsite and over an order of the secretary of the interior directing the removal of drift fences on the international boundary. Congress again was petitioned to help finish the capitol.
For years the Santa Fe was fought by Ralph Cameron, and in the main successfully. The corporation, owning a railroad to the cañon and a hotel on its brink, found that the depths of the gorge were controlled by a single man, to whom payment had to be made of a dollar for each individual who rode down the Bright Angel trail. For years the battle was waged, Cameron rep- resented throughout by E. M. Doe of Flagstaff. When Cameron's legal hold on the trail ran out, he had the county supervisors lease the trail to him. When no lease could be made, a bill was introduced in the Twenty-fourth Legislature to extend the county's leasing privileges. The bill passed, though fought by the railroad interests. Then Governor Kibbey received a telegram from the secretary of the interior, suggesting that the bill had provisions at variance with the policy of the forestry service and suggesting that he veto it. Kibbey, rather resentful over the intrusion of the appointing power in Washington, promptly returned the bill to the Legislature without approval and with a copy of the telegram annexed. Then the Legislature demonstrated the independence of the territory by repassing the bill unanimously, and Cameron still held the pass.
W. F. Nichols was succeeded as territorial secretary April 7, 1908, by John H. Page, who had been territorial auditor and who in turn was succeeded as auditor by Sims Ely, who had been private secretary to the governor.
In 1908, though the nomination of Taft seemed assured, the fight for seats in the republican national convention never was fiercer in Arizona. Gov- ernor Kibbey led one faction which advocated instructions to the delegation. The other faction of the party fought this suggestion bitterly and succeeded at the territorial convention held in Tucson, April 18, in splitting the party wide open and in forcing a bolt by the Kibbey supporters. Judge R. E. Sloan was named a delegate by both conventions, his companion from the Kibbey wing being Hoval E. Smith of Bisbee and from the other convention L. W. Powell of Bisbee.
It is probable that a desire for stateliood and consideration for the strength of the republican majority in Congress had much to do with the fall election in 1908, when, the usual democratic majority overturned, Ralph H. Cameron was elected delegate to Congress by a plurality of 708 votes over Marcus A. Smith, out of 27,676 cast. Cameron, however, had made a wonderful campaign, personally visiting almost every settlement within the territory.
Governor Kibbey was nominated again in December, 1908. He had made many strong enemies, particularly for his successful work in raising taxation on the mines of the territory. They were assisted by a republican faction that had headquarters in Phoenix, that had fought Kibbey throughout his term. As a result confirmation was delayed from time to time till Congress finally
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adjourned without action on the nomination and President Roosevelt had left the White House.
THE LAST TERRITORIAL LEGISLATURE
The Twenty-fifth Legislative Assembly of Arizona, the last under the ter- ritorial form of government, convened in Phoenix January 18, 1909, the demo- crats in control by a large majority despite the choice in the same election of a republican for Congress. The republicans only had two members of the Council and seven members of the House. George W. P. Hunt of Globe again was honored by selection to the office of President of the Council and Sam F. Webb of Maricopa County was made the Speaker of the House. Possibly no Legislature was more bitterly partisan than was this. A fight was started at once upon the territorial administration, which was handicapped by legisla- tion in every way possible. The most important of the acts of this sort abolished the Arizona Rangers and also the office of territorial examiner. It was charged that the Rangers too largely had reflected the ideas of the governor and that Territorial Examiner W. C. Foster, later auditor, an accountant of unusual ability, had been too active in the past political campaign. Governor Kibbey vetoed both bills, but the acts passed notwithstanding. Another act passed over the veto of the governor was one that provided that no person should register as a voter who could not read any section of the Constitution or who could not write his own name. This was directed particularly against the Mexican population, which it was claimed generally had voted the republican ticket.
The governor, during the period of the session had almost as much trouble with his own party as with the democrats. Resenting the antagonistic political activity of J. C. Adams of Phoenix, "Father of the Arizona Fair" and presi- dent of the Fair Association since its inauguration four years before, the gov- ernor called for his resignation and for that of B. A. Packard of Douglas. Adams appealed to the democratic Legislature, which joyously took up the fight. The investigation was taken out of the hands of the governor and brought into what President Hunt called "the most ridiculous proceeding that ever disgraced an Arizona Legislature." At the end of the hearing only twenty- three of the thirty-six members voted and the commissioners were declared cleared by a vote of 12 to 11. The governor proceeded with his own investiga- tion, ignoring that of the Legislature, and as a result Adams, a few days later, resigned. He secured reappointment under Governor Sloan.
Outside of the line of pure politics the Legislature appointed February 12 as a holiday in honor of the hundredth anniversary of the birth of Abraham Lincoln; finally established a Pioneers' Home at Prescott, for which there had been some years of agitation; created the new County of Greenlee out of the eastern part of Graham County, the name chosen in honor of Mace Greenlee, one of the first prospectors north of the Gila River; removed party emblems from election ballots; established the office of territorial historian, and created a railroad commission.
The Legislature of 1909 gave Arizona her first direct primary law, to be used in the election the following year. At first there was general complaint
RICHARD E. SLOAN Seventeenth and Last Territorial Governor
JOSEPH H. KIBBEY Sixteenth Governor
ALEX. O. BRODIE Fifteenth Governor
GOVERNORS OF ARIZONA
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that it simply compelled the candidate to make two campaigns at double cost of one and that altogether too many candidates went into the running.
The spring of that year was one of the wettest ever known. Railroad con- nection with Maricopa was interrupted about a score of times by breaks in the Gila and Salt River bridges. For a while the capitol itself was surrounded by a flood that came from Cave Creek. All the streams of the territory were at flood and immense damage was done transportation lines and irrigation works.
Governor Kibbey's troubles did not end with the Legislature. President Taft was besieged by adverse influences, corporate or partisan, concerning the Arizona governorship. Kibbey was not very keen on reappointment, for he wanted to resume the practice of law as soon as possible, but at the same time would have liked the honor of having been the last territorial governor. It is probable that he used little or no influence in his own behalf.
As a result he was retired, though with all honors and with the appoint- ment as his successor of Judge R. E. Sloan, probably the man he himself would have designated had the choice of a successor been left to him. The appoint- ment of Judge Sloan was done amicably enough, but there was positive brutality in the manner in which the secretary of the interior, April 4, telegraphed Ter- ritorial Secretary John H. Page requesting his resignation "in the interest of party harmony." Page, a Roosevelt appointee, had been only a year in office and in nowise was he offensively connected with any territorial faction. In his place was appointed Geo. U. Young.
It is probable that no governor ever left office in Arizona with greater popu- larity among his subordinates than did Kibbey. This popularity had sub- stantial expression in the presentation of a chest of silver from the penitentiary employes, a cut-glass water service from the asylum force, a loving cup from the late Rangers, a punch bowl from the normal school and a watch from his offi- cial associates at the capitol. Governor Kibbey is said to have refused the proffer by President Taft of a position as justice on the bench of the Arizona Supreme Court.
THE LAST TERRITORIAL GOVERNOR
Richard E. Sloan was inaugurated as governor of Arizona in the executive chambers of the capitol May 1, 1909, introduced by retiring Governor Kibbey, who offered his best wishes for a successful administration. Governor Sloan replied in compliment to his predecessor and particularly spoke of the statehood that was imminent and the preparation for it that was necessary. John B. Wright of Tucson, to be attorney-general, was the new governor's first ap- pointee.
To the place vacated by Governor Sloan on the bench of the Supreme Court appointment was made of E. M. Doe of Flagstaff, who was endorsed especially by Congressman Cameron. Ernest W. Lewis of Phoenix was made associate justice to fill the place at Globe made vacant by the resignation of Frederick Nave, April 1.
Territorial changes were made the easier by reason of the break about that time between Roosevelt and Taft and the pruning out of the Roosevelt appointees continued down the line till only a few postmasters remained of all of the old
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federal force within Arizona. In due course of time United States Attorney J. L. B. Alexander and United States Marshal B. F. Daniels, both former Rough Riders, were dropped and in their places appointment was made, respectively, of Jos. E. Morrison of Bisbee and Chas. A. Overlock of Douglas. Daniels was made an Indian agent in Wisconsin, but soon found the new job distasteful, so quit.
The appointments made by Governor Kibbey in March, 1909, included Mul- ford Winsor as territorial historian. Winsor was a democrat, one of the officers of the Legislature. The historian idea was his own. When he had secured the support of a majority of the Legislature, he went to the governor with the infor- mation that the bill would pass if the appointment went to himself. Governor Kibbey favored the creation of the office and hence approved the bill, even though it forced an appointment upon him. The agreement covering the appointment did not affect Governor Sloan, who, soon after he assumed executive duties, dropped Winsor and to the place appointed Miss Sharlot M. Hall. The lady for years had specialized on the subject of Arizona history. She had written much concerning the pioneer period of the territory and had published a volume of poetry wherein especially was celebrated the beauty and the romance she found within the Southwest. Miss Hall continued in office until the date of statehood. Thereafter the position has been filled by Thos. E. Farish, a pioneer of botlı California and Arizona, a democratic leader and a writer of long experience.
TERRITORIAL JURISTS
Since and including 1886, the following appointments were made to the Territorial Supreme Court, annexed being the date either of appointment or of oath :
J. C. Shields (C. J.), January 4, 1886; W. W. Porter, January 4, 1886; W. H. Barnes, January 5, 1886; James H. Wright (C. J.), April 28, 1887; Jos. H. Kibbey, oath August 19, 1889; Richard E. Sloan, January 13, 1890; Henry C. Gooding (C. J.), oath May 7, 1890; Edward W. Wells, oath March 5, 1891; A. C. Baker (C. J.), oath May 24, 1893; John J. Hawkins, October 2, 1893; Owen T. Rouse, October 2, 1893; J. D. Bethune, January 14, 1895; H. C. Truesdale (C. J.), September 4, 1897 ; Geo. R. Davis, September 4, 1897; Fletcher M. Doan, September 4, 1897; Richard E. Sloan, September 4, 1897; Webster Street (C. J.), oath November 15, 1897; Edward Kent (C. J.), May 28, 1902; John H. Campbell, March 22, 1905; Eugene A. Tucker, oath April 1, 1905; Frederick A. Nave, oath November 17, 1905; Ernest W. Lewis, November 8, 1909; Edward M. Doe, November 8, 1909.
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CHAPTER XXIX HOW STATEHOOD WAS GAINED
Enfranchisement Asked in Earliest Territorial Days-A Constitutional Convention that Remonetized Silver-Congressional Inspection-The Joint Statehood Peril-The Con- stitution and Its Preparation-Taft's Veto of the Recall-Statehood Gained-Terri- torial Legislators.
There was talk of statehood for Arizona away back in 1872, when Richard C. McCormick, late governor, was delegate, an office taken as a stepping stone to a senatorship. Succeeding delegates kept up the agitation, which started when Arizona was credited with a population of only about 12,000, with very few payers of taxes.
In 1883, Delegate Grant Oury introduced a bill for the admission to state- hood of the Territory of Arizona. Several years later Delegate C. C. Bean had a bill to the same effect that also died in the committee of territories and there- after Delegate Marcus A. Smith kept hammering away on the same line till statehood became rather an obsession on the part of Arizona orators and poli- ticians. Arizona's demand for enfranchisement resounded from the political rostrums at every recurring campaign and was found in every party platform. Delegations of loyal citizens paid their own way to Washington to argue with the committees of Congress and, in rare instances, even with Congress itself, for the statehood bills once in a while were reported out of the committee on territories. One of the Smith bills, presenting a full constitution, passed the House of Representatives and went to the Senate in June, 1892, only to die in committee. The following year, in December, with the same favoring political conditions in the popular branch, Smith's annual statehood bill reached the Senate in December, to be pocketed once more. That same session Carey of Utah varied the monotony a bit by a Senate bill for the admission of Arizona, New Mexico, Oklahoma and Utah and something of this same sort bobbed up in the Senate the following year. Delegate Oakes Murphy in 1895, without suc- cess, offered his republican associates a statehood measure, and then, switching back to the democracy, Smith, again in office, in the 1897 Congress failed in an effort to pull a bill out of committee. His democratic successor, J. F. Wilson, had no better success on the same line in 1899.
The Legislature of 1889 called a constitutional convention of forty-two mem- bers, who were to be elected in November, to meet in Phoenix on the first Tues- day of January, 1890. The constitution framed was to be submitted to the electors in such manner as the convention might decide. But this movement seems to have gone little further. Vol. II-4
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AN EARLY CONSTITUTIONAL CONVENTION
Arizona's first constitutional convention was a volunteer sort of affair, in September, 1891, the delegates being elected from all parts of the territory without regard to political affiliations. A really remarkable body of men as- sembled in Phænix, practically every member distinguished for ability or char- acter (some for both), nearly all with prior legislative experience. They were: W. A. Rowe, H. N. Alexander, Geo. W. Cheyney, Marshall H. Williams, Marcus A. Smith, Wm. H. Barnes, Frank Hereford, J. W. Anderson, Alonzo Bailey, Ben M. Crawford, Thomas Davis, Foster S. Dennis, Thomas Gates, W. A. Hartt, John Hunt, William Herring, T. C. Jordan, Art McDonald, Thos. G. Norris, A. M. Patterson, J. F. Wilson. Rowe was elected president and Allen C. Ber- nard of Tucson was secretary.
The work was finished October 2, 1891, and was submitted to the people together with an address and argument in its behalf specially prepared by a committee of seven members. On the whole, the constitution prepared "read well," though later consideration developed many items that might have devel- oped serious legal consequences. For instance, while especially claiming natural streams and lakes as the property of the state and specifically denying the doctrine of riparian rights, several paragraphs expressly countenanced an appropriation of water for "sale" or "rental," by corporations or ditch or reservoir owners, all in contrast with the present just practice of yoking the water with the land, inseparably.
Just about that time there was much tribulation in the West over the de- monetization of silver and the single gold standard. Loyally, in keeping with the spirit of the many stump speeches of the members, there was inserted a provision that, "The gold and silver coin of the United States shall be equally a legal tender for all debts and obligations contracted in this state, any con- tract to the contrary notwithstanding." Owing to the state of the public mind at the time, this attempted support of contract repudiations and defiance of the monetary standard set by the nation passed alınost without comment at home, but was not unnoticed when the document went to Congress as a part of a statehood bill. The constitution was accepted in Arizona by a vote of 5,440 to 2,282.
One of the early statehood conventions met in Phoenix November 27, 1893, with delegates present from all save Yavapai, Mohave and Coconino counties, which wanted delay till the succeeding January. Chas. W. Wright of Tucson was chairman of the organization and Chas. F. Hoff of Tucson, secretary. The convention adopted resolutions and memorialized Congress on behalf of state- hood, incidentally giving large praise to Arizona and prophesying much con- cerning her future. A committee was appointed, headed by Governor Murphy, to proceed to Washington and lobby for statehood.
A statehood boom was launched in Phoenix October 26, 1901, at a general territorial gathering, called by Governor Murphy, with 130 representative citizens present. A. J. Doran of Prescott was made chairman. The meeting was attended by Governor Miguel Otero of New Mexico and a notable address was made by Col. J. Francisco Chaves, whose first visit to Arizona had been in 1855 and who, in 1863, participated in the organization of the territorial gov- ernment. There was selected a delegation to proceed to Washington to lobby
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Photo by Robt. Turnbull
CONSTITUTIONAL CONVENTION OF ARIZONA GROUPED AT ENTRANCE OF CAPITOL
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for statehood, including W. J. Murphy of Phoenix, Wm. C. Greene of San Pedro, E. B. Gage of Congress, John Lawler of Prescott, John Brockman of Pearce and Dr. L. W. Mix of Nogales.
CONGRESSIONAL VISITATIONS
The House of Representatives in 1902 passed and sent to the Senate a bill for the admission of Oklahoma, New Mexico and Arizona, but the measure still was under discussion when the Senate adjourned in March, 1903. The Senate opposition was led by Senator Beveridge. A visit was made to New Mexico and Arizona in 1902 by Senator Beveridge and colleagues of the Sen- atorial Sub-committee on Statehood. The party spent three days looking over the territory and at a number of points took some testimony. The chairman came prepared to see Arizona at its worst. He almost omitted consideration of the great mining and irrigation enterprises, but took good care not to miss the gambling and all aspects of urban depravity. He wanted to be informed particularly about the Indian and Mexican population and he saw the cactus rather than the alfalfa fields, and the barren hills rather than the mines that in them lay. He assumed that the territory was under the domination of the mining corporations. So the report of the committee on its return to Washing- ton was adverse, unless statehood were taken in combination with New Mexico.
A second committee came in October, 1903, headed by Wm. Randolph Hearst, composed mainly of democratic statesmen, who made the southwestern welkin ring with oratory and who found nothing displeasing at any point visited. In October, 1905, still a third party of investigation, mainly republi- can, went through the territory, led by Congressman Tawney, particularly considering the plan of joint statehood. It is told that most of the party started out with the idea that joint statehood might be a good thing, but that in the end every member practically was pledged against the proposed plan. It is to be deplored that some of them, including Tawney, did not keep to this deter- mination and that they let politics sway them in the final vote.
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