USA > Arizona > Arizona, prehistoric, aboriginal, pioneer, modern; the nation's youngest commonwealth within a land of ancient culture, Vol. II > Part 8
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When there was evolved the compromise measure under which Arizona and New Mexico were to be made into a state jointly, the news was telegraphed to the Arizona Legislature by Representative Smith, February 4, 1903. Immedi- ately was returned an answer declaring Arizona unalterably opposed to the joint-state plan. Notwithstanding this action a concurrent resolution passed the council February 27, reciting that Arizona under certain conditions would be willing to enter statehood jointly with New Mexico. This gave a glorious opportunity to the Assembly, which repudiated an assumption that it had joined in the resolution and which advised Congressman Smith that Arizona always would fight against any policy wherein she might lose her name, identity and history.
JOINT STATEHOOD SUGGESTED
There was a grand melee over statehood in the Congress of 1904, with separate statehood bills for each of the territories still remaining outside the pale. The House Committee on Territories, finally, in despair, dropped upon the House a bill to admit Oklahoma in combination with Indian Territory, and to join Arizona with New Mexico. This measure Chairman Hamilton managed to drive
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through within a few hours, almost without debate, despite the opposition of Arizona's congressman and that of a number of citizens then in Washington, working for statehood. Delegate Rodey of New Mexico accepted the compromise and later became an enthusiastic supporter of joint statehood. In the Senate, Senator Foraker, who then materialized as a strong friend of Arizona, with the help of Senator Bard, succeeded, though by the narrowest margin, in having the bill amended to permit each territory to have a voice on the joint proposition. This amendment the House refused and the bill went into the discard for the session.
January 20, 1906, Chairman Hamilton reintroduced his bill of the previous session and succeeded in getting it through the House on the 25th, despite the agonized cries of the Arizonans, by a vote of 195 to 150. Much was made of the fact that President Roosevelt, probably through the influence of Senator Beve- ridge, had been quoted as advocating the joint measure. Then came a giant struggle in the Senate, where Beveridge still was standing pat on jointure. He had flooded the Southwest with pamphlets containing his speech of the previous session on "Arizona the Great," for "Arizona" was to be the name of the conjoined communities, possibly the most unpalatable section to the New Mex- icans, who were getting to like the proposition otherwise. Foraker, welcoming an opportunity to defy the national administration, led again in an attempt to secure a vote from the communities interested and again succeeded. The bill went back to the House and was accepted as amended. Then the question was put squarely up to the voters of the two territories, though with a provision that the election in Arizona be held under the law of two years before, in order to permit the vote of the Mexicans, who had been disfranchised, to a large extent, by passage of an educational test bill.
President Roosevelt, brought to view the matter from the Beveridge stand- point, in a message to Congress, thus stated his ideas :
I recommend that Indian Territory and Oklahoma be admitted as one state and that New Mexico and Arizona be admitted as one state. There is obligation upon us to treat territorial subdivisions, which are matters of convenience only, as binding us on the question of admission to statehood. Nothing has taken up more time in Congress during the past few years than the question as to the statehood to be granted to the four territories above mentioned, and after careful consideration of all that has been developed in the discussions of the question I recom- mend that they be immediately admitted as two states. There is no justification for further delay; and the advisability of making four territories into two states has been clearly estab- lished. In some of the territories the legislative assemblies issue licenses for gambling. The Congress should by law forbid this practice, the harmful results of which are obvious at a glance.
Despite the attitude of the President, Governor Kibbey and the federal officials of Arizona still stood firm in their opposition to jointure. Charges were filed against the governor in this connection, but were dismissed at a glance by the President, who sustained the independence of the Arizonans. The proposed joint state would have had a northern line 603 miles long and an area of 262,300 square miles, second only to Texas. The census population of the two states in 1900 was: Arizona, 122,931; New Mexico, 195,310. Arizona had gained 106 per cent in ten years and New Mexico only 27 per cent.
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JOINTURE REFUSED BY ARIZONA
The resultant compaign was a warm one indeed, considering how few in reality were the joint-statehood supporters in Arizona. There had been a terri- torial convention, at which had been formed an Anti-Joint Statehood League, there had been resolutions of opposition from the Legislature, county boards of supervisors, city councils, boards of trade, bar associations, women's clubs, the press association, the miners' association, religious conventions and from a score of public gatherings. Yet the supporters wired Washington their fears of elec- tion corruption. The election was the regular one in November, 1906. The votes cast totaled 24,097, of which 3,141 were in the affirmative and 16,265 in the negative. No less than 4,691 voters failed to vote on the statehood question. The joint-statehood candidate for Congress, C. F. Ainsworth, received only 508 votes, compared with 11,101 for Smith (dem.) and 8,909 for Cooper (rep.). In New Mexico the vote stood: for joint statehood, 26,195; against, 14,735. Thus there was a gross majority in the negative of all votes cast in both territories.
The near escape from joint statehood had the effect of rather stilling the clamor for enfranchisement for a year or so thereafter. In the succeeding national conventions of both great parties there were declarations advocating statehood for the territories.
President Taft visited Arizona in October, 1909, and then made public his sympathy with the aspirations of the Arizonans. But he warned against any such constitution as that of Oklahoma, which he described as "a zoological gar- den of cranks." Chairman Hamilton of the House Committee on Territories introduced a new bill that gave separate statehood to Arizona and New Mexico. The bill, as finally agreed upon, passed the Senate June 16, 1910, and the House two days later.
There were celebrations in every town of the two territories, in which old scores were buried. Even with pleasure was received a telegram from Senator Beveridge, who sent congratulations and best wishes. Congressman Cameron and Governor Sloan particularly were honored in the public demonstrations.
MOULDING A CONSTITUTION
That fall the only regular election in Arizona was in the new County of Greenlee, for all officials elsewhere held over till the date of statehood. On June 27 an apportionment had been made and an election was called, under the old election law, for the naming of fifty-two delegates to a constitutional convention. This election, held September 12, showed very clearly the leaning of the voters of Arizona toward most advanced forms of popular government. It resulted not only in a general democratic sweep, but in a strong endorsement of the initiative, referendum and recall, against which the voters of the state had been warned by President Taft. The republicans nominated their strongest men, but were left in a hopeless minority, with only eleven votes in the convention.
The delegates were: Cochise County, E. E. Ellinwood, Thomas Feeney, John Bolan, A. F. Parsons, R. B. Sims, P. F. Connelly, E. A. Tovrea, D. L. Cunning- ham, C. M. Roberts, S. B. Bradner; Coconino, Edward M. Doe, C. O. Hutchinson : Gila, Alfred Kinney, G. W. P. Hunt, John Langdon; Graham, Lamar Cobb, W. T. Webb, Mit Simms, A. M. Tuthill, A. R. Lynch; Maricopa. J. P. Orme, A. C. Baker, R. B. Mouer, Orrin Standage, F. A. Jones, Sidney P. Osborn,
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Lysander Cassidy, J. E. Crutchfield, Alfred Franklin; Mohave, Henry Lovin; Navajo, William Morgan, James Seott; Pima, S. L. Kingan, W. F. Cooper, C. C. Jacome, George Pusch, J. C. White; Pinal, Thomas Wills, E. W. Coker; Santa Cruz, Bracey Curtis; Yuma, Mulford Winsor, Fred Ingraham, E. L. Short; Yavapai, H. R. Wood, Morris Goldwater, M. G. Cunniff, A. M. Jones, A. A. Moore, E. W. Wells.
The convention began October 10, the expense of its session, and of the preceding election, met by an appropriation of $100,000 made by Congress. Geo. W. P. Hunt at Globe, was made president of the convention. The session lasted till December 10. It was notable particularly for the efforts made toward the insertion of radical labor legislation. While much considered beneficial to labor and incidentally restrictive of the encroachments of capital found insertion in the Constitution, most of the radical measures proposed eventually were rejected. Failure met strong efforts made to introduce woman suffrage and prohibition. Within the document, however, were placed, despite the efforts of the minority, many "progressive" features borrowed from Oklahoma, ineluding the initiative, referendum and recall, the last embracing judges, a feature that had bitterest opposition, in view of the known position on the sub- jeet by President Taft. Even the chaplain grew apprehensive and one morn- ing prayed, "and, Lord, we hope that President Taft will not turn down the Constitution for a little thing like the initiative and referendum; Lord, don't let him be so narrow and partisan as to refuse us self-government." But the recall went into the Constitution by a vote of 38 to 9. The completed document comprised about 25,000 words. On the last day of the session it was read in its entirety and adopted by a vote of 40 to 12.
Delegate Langdon of Gila County was the only republican who voted for the Constitution or who signed the document. Delegate E. E. Ellinwood of Cochise County and Delegate A. M. Tuthill of Graham County were the only demoerats who refused to sign. The republicans had evolved a seheme for sign- ing under their names "We disapprove," but this move was blocked by the democratic majority in ordering that nothing should be placed upon the doeu- ment save the bare names of the members signing and the names of the counties represented. Delegate E. M. Doe of Coconino County, one of the Federal Dis- triet judges, protested, demanding his right to sign and at the same time to be set right with posterity, but Delegate Parsons protested against disfiguring what he termed "the greatest and grandest document since the Declaration of Inde- pendence." Delegates Orme and Franklin of Maricopa County, who had been opposed to all radieal measures, signed with the majority.
DIGEST OF ARIZONA'S CONSTITUTION
The Constitution repeatedly has been characterized as legislative to a remarkable degree. The preamble is brief, "We, the people of the State of Arizona, grateful to Almighty God for our liberty, do ordain this Constitu- tion." The ordinary features of similar documents generally are followed, with respect to the designation of the three co-ordinate branches of government. the boundaries of the state and the outlining of a general official scheme. The Declaration of Rights begins with an unusual expression: "A recurrence to fundamental principles is essential to the security of individual rights and the
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perpetuity of free government." The National Constitution is acknowledged, as are the fundamentals of protecting life, liberty and property, free speech and free publication. No law granting irrevocably any privilege, franchise or immunity shall be enacted. No religious qualifications shall be required and no public moneys shall go to any denominational institution. It is significant that in the habeas corpus paragraph there was failure to enact the whole of the national provision permitting suspension at times of riot or rebellion. The military shall be in strict subordination to the civil power. The right of an individual to bear arms shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
It is provided that the people reserve the power to propose laws and amend- ments to the Constitution and to enact or reject such laws and amendments at the polls independently of the Legislature as well as the right to approve or reject any act of the Legislature. Under the initiative, 10 per cent of the electors may propose a measure and 15 per cent may propose an amendment to the Con- stitution. Only 5 per cent of the electors may call for the referendum of any mcasure enacted by the Legislature. The governor may not veto initiative or referendum measures approved by a majority of the electors.
Every public officer (including judges) was made subject to recall upon the filing of a petition equaling 25 per cent of the number of votes cast at the last preceding general election. Such petition shall not be circulated against any officer until he has been in office for six months, save that a member of the Legislature may be proceeded against within five days from the beginning of the first session after his election. The direct primary law is continued in force.
In the legislative branch, apportionment is made among the fourteen coun . tics of a Senate of nineteen members and a House of Representatives of twenty- five members. Legislators must be 25 years old and have lived in the county of election at least three years. No person holding any Federal or state office shall be a member of the Legislature. Legislators shall receive $7 a day and 20 cents mileage. No person holding public office may accept free transpor- tation.
The governor was given a salary of $4,000 per annum, secretary of state $3,500, auditor $3,000, treasurer $3,000, attorney general $2,500, superintendent of public instruction $2,500. There was created a Supreme Court of three judges, each receiving $5,000, and County Superior Court judges at from $3,000 to $4,000.
Perfect toleration of religious sentiment shall be secured to every inhabitant. Polygamous marriages are forever prohibited. Prohibition is made forever of the sale or giving of intoxicating liquors to Indians. All title to United States land or those of Indian tribes is disclaimed. Assumption is made of all the debts of the Territory of Arizona and of the several counties. Provision must be made for the maintenance of public schools, which shall be conducted in English. No law shall be passed abridging the right of suffrage on account of race, color or previous condition of servitude. All officers must read, write, speak and understand the English language.
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Secrecy in voting shall be preserved. An elector must be a male citizen, aged 21 or more, with at least one year's residence in the state. Bond issues and special assessments shall be submitted to a vote of taxpayers, who shall also be qualified electors. The Legislature was directed to enact a law providing for general publicity of all campaign contributions and expenses.
For the purpose of obtaining an advisory vote of the people, the Legislature shall provide for placing the names of candidates for United States senator on the official ballot at the general election next preceding the election of a United States senator.
Exemption from taxation is given all Federal, state, county and municipal property, together with buildings used exclusively for religious worship, par- sonages, schools, convents, academies, Christian associations, colleges, universi- ties, libraries, orphanages, and the property of educational, charitable and religions associations not organized for profit. Widows are given exemption of $1,000 where the assessment does not exceed $2,000. No county, city or school district may become indebted more than 4 per cent of its taxable property.
The provisions of the Enabling Act concerning school lands are accepted, and all lands are to be held in trust, to be disposed of for the benefit of the state under the terms prescribed. No land shall be sold for less than $3 an acre.
A State Board of Education was created. Schools shall be maintained for at least six months each year. Provision was made for a permanent state school fund from the sale of public lands granted by the Nation.
One of the longest sections of the Constitution is that which relates to cor- porations, for whose government a corporation commission has been provided. Records of all public service corporations and banks and of all corporations which may have stock for sale shall be subject to inquisition by the commission. Bank stockholders shall be held responsible for all debts of their corporation to the extent of the value of their stock therein, in addition to the amount invested in such stock. All managers and officers of banks shall be held responsible for deposits received after knowledge of the fact that their institution is insolvent. Monopolies and trusts shall not be allowed. The corporation commission has power to prescribe classifications and rates and may prescribe forms of con- tracts and systems of keeping accounts. Each corporation doing business in the state shall pay an annual registration fee. Public service corporations shall have the right to construct and operate lines connecting any points and to cross, intersect or connect with any lines of another similar corporation, and shall exchange cars or messages.
The militia in organization, equipment and discipline shall conform to the regulations of the United States Army.
The common law doctrine of riparian water rights shall not obtain.
Eight hours and no more shall constitute a lawful day's work on behalf of the state or any political subdivision thereof. No child under the age of 14 years shall be employed during school time and no child under 16 shall be employed in mines or in other hazardous occupation. It shall be unlawful to require of employees of a corporation any contract of release from liability on account of personal injury. The common law doctrine of fellow servant is for- ever abrogated. The Legislature was directed to enact an employer's liability law as well as a workman's compulsory compensation law. Blacklists are pro-
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JEROME MEN WHO HAD NEVER VOTED FOR PRESIDENT UP TO STATEHOOD
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hibited. Only citizens may be employed on public works. The office of mine inspector was established.
Establishment was made of the office of state examiner, going back to an office abolished for political reasons. All justices of the peace and constables in cities or towns shall be paid salaries. No minor under the age of 18 shall be confined with adult prisoners.
The great seal of Arizona was given more of an agricultural aspect than possessed by the seal of the territory. The seal of the Supreme Court of the territory was continued for the state, but upon the seals of the Superior Courts shall be a vignette of Abraham Lincoln. ยท
When the Constitution was submitted February 9, 1911, it was ratified by an overwhelming majority, 12,187 votes cast for ratification and 3,302 against, giving a total vote of 15,489 compared with 27,676 cast in 1908. Immediately thereafter the opponents of the radical ideas joined with the democracy in a prayer to Congress for approval.
ATTAINMENT OF STATEHOOD AT LAST
Standing firmly by his previous expressions, President Taft in August vetoed the Flood statehood resolution, principally because the Constitution contained the provision for judicial recall. A later resolution was approved by the Presi- dent, August 21, upon the condition that the electors of Arizona vote out the recall at the general fall elections in Arizona and New Mexico. Again was rejoicing in every community. Governor Sloan issued a proclamation calling for primaries October 24 and for a general election December 12, these dates leaving Arizona second to New Mexico in the time of completion of preliminary details. At the primaries was cast only a light vote. Marcus A. Smith, who had so long represented Arizona in Congress, and Henry F. Ashurst of Prescott secured the democratic nominations for the senatorial places, to be opposed by Congressman Ralph H. Cameron of Flagstaff and H. A. Smith of Bisbee, republicans. Carl Hayden, sheriff of Maricopa County, won the democratic nomination for Congress and was opposed by John S. Williams of Tombstone, republican. Geo. W. P. Hunt of Globe, president of the constitutional conven- tion, won the democratic election for governor over T. F. Weedin of Florence. The republican nominee for governor was Judge Ed. W. Wells of Prescott, one of the earliest pioneers of Northern Arizona. Sidney P. Osborn, a native son, was nominated by the democrats for secretary of state, opposed by J. F. Cleave- land of Phoenix, republican.
The first state election proved a democratic landslide, not a single republican being elected to state office, the pluralities over the republican candidates run- ning from 500 to 3,500.
The voters perforce yielded to President Taft's demand for the elimination from the Constitution of the provision allowing recall of judges, though, as afterwards developed, with a reserved determination to reinstate it.
So, with a golden pen, furnished by Postmaster General Hitchcock, on St. Valentine's day, February 14, 1912, at the hour of 10 A. M., President Taft signed the proclamation admitting Arizona to the Union and telegraphed to Governor Sloan, "congratulating the people of this, our newest commonwealth, upon the realization of their long-cherished wishes." The proclamation hap-
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pened to be issued on the fiftieth anniversary of a similar document signed by Jefferson Davis, declaring Arizona a territory of the Confederate Union, and was just ten days short of forty-nine years since the date of an act of Congress establishing the Territory of Arizona. Statehood at last had been attained.
MEMBERSHIP OF TERRITORIAL LEGISLATURES
Following is a carefully revised list of the members of all the Arizona Terri- torial Legislatures :
First Legislature, Prescott, September 26 to November 10, 1864.
Council: Mark Aldrich, Tucson; Coles Bashford (president), Tucson; Henry A. Bigelow, Weaver; Patrick H. Dunne, Tucson; Robert W. Groom, Groomdale; Geo. W. Leihy, La Paz; Francisco S. Leon, Tucson; Jose M. Redondo, Arizona City; King S. Woolsey, Agua Fria Ranch.
House: Nathan B. Appel, Tubac; Thos. J. Bidwell, Castle Dome; John M. Boggs, Pres- cott; Luis G. Bouchet, La Paz; John G. Capron, Tucson; Jesus M. Elias, Tucson; James Garvin, Prescott; Jas. S. Giles, Prescott; Gregory P. Harte, Tucson; Norman S. Higgins, Cerro Colorado; Geo. M. Holaday, La Paz; Gilbert W. Hopkins, Maricopa Mine; Henry D. Jackson, Tucson; W. Claude Jones (speaker), Tucson; Jackson MeCracken, Lynx Creek; Daniel H. Stickney, Cababi; Edward D. Tuttle, Mohave City; William Walter, Mohave City.
Second Legislature, Prescott, December 6, 1865.
Council: Mohave, Wm. H. Hardy, Hardyville; Pima, Coles Bashford, Tucson; Patrick H. Dunne, Tucson; Francisco S. Leon, Tucson; Yavapai, Henry A. Bigelow (president), Weaver; Robert W. Groom, Groomdale; King S. Woolsey, Agua Fria Ranch; Yuma, Manuel Ravena, La Paz.
House: Mohave, Octavius D. Gass, Callville; C. W. C. Rowell, Hardyville; Pima, Daniel H. Stickney, Cababi; Yavapai, Daniel Ellis, Turkey Creek; Jas. S. Giles (speaker), Prescott; Jackson MeCracken, Lynx Creek; Jas. O. Robertson, Big Bug; Yuma, Peter Doll, La Paz; Wm. K. Heninger, La Paz; Alexander McKey, La Paz.
Third Legislature, Prescott, October 3, 1866.
Council: Mohave, Wm. H. Hardy, Hardyville; Pah-Ute, Octavius D. Gass (president), Callville; Pima, Mark Aldrich, Tucson; Henry Jenkins, Tubac; Mortimer R. Platt, Tucson; Yavapai, Daniel S. Lount, Prescott; John W. Simmons, Prescott; Lewis A. Stevens; Yuma, Alexander McKey, La Paz.
House: Mohave, Alonzo E. Davis, Hardyville; Pah-Ute, Royal J. Cutler, Mill Point; Pina, Oscar Buckalew, Calabazas; Solomon W. Chambers, Calabazas; Jas. S. Douglas, Tueson ; Thos. D. Hutton, Huababi; Michael McKenna, Tucson; Wm. J. Osborn, Tubac; Granville H. Oury (speaker), Tucson; Henry MeC. Ward, Babacomori; Yavapai, Underwood C. Barnett, Walnut Grove; Daniel Ellis, Postle's Ranch; Wm. S. Little, Prescott; John B. Slack, Turkey Creek; Hannibal Sypert, Prescott; Yuma, Marcus D. Dobbins, La Paz; Robert F. Piatt, Planet Mine; Wm. H. Thomas, Arizona City.
Fourth Legislature, Prescott, September 4, 1867.
Council : Mohave, Wm. H. Hardy; Pah-Ute, Octavius D. Gass (president) ; Pima, Henry Jenkins, Mortimer R. Platt, Daniel H. Stickney; Yavapai, Daniel S. Lount, John W. Simmons, Lewis A. Stevens; Yuma, Alexander McKey.
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