USA > Arizona > History of Arizona, Vol. IV > Part 13
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ritory. And if such discoverers and claimants shall neglect or refuse to present to such re- corder the claim of said Territory as aforesaid, they shall forever forfeit all claim to the mine or ledge so discovered by them. Any recording officer recording the claim or claims of such dis- coveries and claimants, when the claim of said Territory is not filed therewith as aforesaid, shall be subject to all the penalties provided in section 26 of this chapter. Such claim shall be recorded as provided in this chapter for like claims, but no work shall be required to be done thereon, nor shall it be considered to be aban- doned so long as it is the property of the Terri- tory, and if sold, the time within which the purchaser shall be required to work said claim shall commence from the day of sale, except when the time is suspended as before provided. Every clerk of the probate court, as soon as he records the said claim, shall send a copy of his record to the treasurer of the Territory, and no fees shall be charged by any recording officer in any matter relating to said claim. And the ter-
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ritorial treasurer may at any time after six months from the day he receives such record as aforesaid, and at such time and place as in his opinion will be most for the interest of the Ter- ritory, cause said claim to be sold at auction to the highest bidder, but every such sale shall be at least twice advertised in the Territorial news- paper, and be held at his office or the office of the clerk of the probate court, or recorder of the mining district of the county where the claim is situated. And the treasurer is authorized to make a deed of the same to the purchaser in the name of the Territory. And the amount re- ceived by him shall be added by him to any fund now or hereafter provided for the protection of the people of the Territory of Arizona against hostile Indians, and be expended as provided by law. And after all expenses incurred by the Territorial authorities for the purpose of de- stroying or bringing into subjection all hostile Indian tribes in this Territory are liquidated, then all remaining or accruing funds out of all or any sales of Territorial mining claims, shall be applied as a sinking fund for school purposes," was repealed by the Third Legislature, which provided further that all mining claims which had theretofore been located for the Territory, and which had not been sold, should be con- sidered abandoned and subject to relocation.
It will be noticed that in the Howell Code a mining claim is described as a pertenencia. That code defined a pertenencia as a superficial area of two hundred yards square, to be meas- ured so as to include the principal veins or mineral deposits, always having reference to and following the dip of the vein so far as it could
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or might be worked, with all the earth and min- eral therein.
The Third Legislature passed an act with ref- erence to general incorporations, the first section of which reads as follows:
"Whenever three or more persons shall desire to incorporate themselves for the purpose of en- gaging in any lawful enterprise, business, pur- suit, or occupation, they may do so in the man- ner provided in this act."
This law defined fully the manner in which corporations should be formed and also set forth specifically their powers and how their charters might be amended. Copies of the articles of in- corporation were to be filed with the county re- corder of the county in which its business was located, and also with the Secretary of the Ter- ritory. Corporations formed outside of the Territory, whose property was located within the Territory, were required to file copies of their articles of incorporation with the Secre- tary of the Territory under penalty of forfeiting all their property and rights within the Terri- tory.
This legislature also passed a law concerning roads and highways, authorizing the supervisors of counties to levy a special tax for the building of highways. Section six of this law reads :
"The Board of Supervisors shall have power to levy a road tax on all able-bodied men, which shall not exceed five cents on every one hundred dollars, for road purposes, to be levied and col- lected at the same time and in the same manner as other property taxes are collected ; provided, that the provisions of this section, so far as it relates to the road tax, shall not apply to any of
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the incorporated towns or cities of this Terri- tory; and, provided, that all able-bodied men shall pay, in addition to the road tax levied by the Board of Supervisors, the sum of six dol- lars each, or, at their option, two days' work upon the road under the direction of the road overseer."
These highways were to be built in each county by the supervisors of the county, upon petition of residents asking for a county road.
The road overseers were required to collect the road tax and to make an affidavit of the amount collected and the amount delinquent. The roads were to be built under the direction of road overseers.
Exactly what the Legislature meant by "levy a road tax on all able-bodied men, which shall not exceed five cents on every one hundred dollars, for road purposes," does not appear.
This Legislature passed an act authorizing the Board of Supervisors of Yavapai County to erect a jail and such other public building as in the judgment of said board might be neces- sary; also to purchase the necessary ground in the town of Prescott upon which to erect said buildings. For this purpose they were allowed to levy a special tax of fifty cents upon each one hundred dollars value of the taxable property in the county of Yavapai, and also a poll tax of one dollar. From this it will be seen that Yavapai County was the first county to under- take the building of county buildings, and a jail.
The Third Legislature passed an act exempt- ing all arms and accoutrements owned and kept by any person or persons for private use, and all wearing apparel of any person or family,
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from taxation. It would seem that by this law every citizen was authorized to arm himself for self-protection.
Among the resolutions adopted by the Third Legislature was one authorizing the Attorney- General to settle with William S. Oury. From this resolution it would appear that Mr. Oury was trustee for one hundred and five muskets, and eighteen thousand rounds of ammunition belonging to the Territory, which were delivered to him for the purpose of equipping a company in Pima County for service in the Arizona Vol- unteers. Mr. Oury, after correspondence with the Governor of Sonora, and after receiving a promise from him that he would supply the men if arms were given him, handed the arms and ammunition over to the Governor of Sonora, but the company of Sonoranians never made its appearance in Arizona to battle against the Apaches, and in all probability the arms and ammunition were used by the Governor of So- nora against the French,
M. H. Calderwood, who was a captain in the California Volunteers, and, up to the time of his death a few years ago, a resident of the Salt River Valley, made this statement:
"When I was in command of Calabasas in 1865, I was out on the parade ground one eve- ning, when a Mexican gentleman rode up to me and asked me for permission to camp in the 'potrero' near by. I granted the desired per- mission and the next morning when the officers of the post awoke, they beheld before them, en- camped on the plain-Calabasas was built on an elevated plateau-the whole army of Governor Ignacio Pesquiera of Sonora, including the ser-
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vants, property, and everything else belonging to the Governor. Upon inquiry it was found that he had fled across the international border, hotly pursued by Maximilian's French troops. He had reached the border line of Nogales just in time to escape destruction. The French troops had been re-enforced by what was called the Gandara faction of Sonora, (to which refer- ence has heretofore been made), which was yet very strong, although they had been overthrown and routed by Pesquiera some years before. Shortly after this incident the French troops were withdrawn from Sonora, Pesquiera then returning with his forces and once more assum- ing control of affairs."
The inference is, and, in fact, Captain Calder- wood told the writer, that the American troops were in hearty sympathy with Juarez and the revolutionists, and those opposed to Maximilian and his empire, and that they supplied, as far as possible, arms and munitions of war to the revolutionists, so it is only fair to presume that when Pesquiera crossed again into Mexico, he carried with him sufficient arms and ammuni- tion to equip an army strong enough to drive out the French and their allies, for it was only a short time thereafter that Pesquiera was again in control in Sonora.
The Second Legislature of Arizona had passed a resolution directing the Attorney-General to collect one thousand and ninety-five dollars from Mr. Oury as the value of these muskets and am- munition. Mr. Oury objected to the price, say- ing that the arms were old and obsolete, and Mr. Bashford, in his report to the Governor, said that he was not directed or authorized to bring
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suit against Mr. Oury, or to compromise the matter. Thereupon the Third Legislative As- sembly passed the following resolution :
"Be It Resolved by the Legislative Assembly of the Territory of Arizona :
"That the Attorney-General of the Territory of Arizona is hereby authorized to settle with William S. Oury for the one hundred and five muskets and eighteen thousand rounds of ammu- nition belonging to the Territory, and which were heretofore delivered to said Oury, and which remain unaccounted for by him, upon such terms as shall be deemed just and equitable by said Attorney-General; and in case the same cannot be so arranged, and said claim adjusted, the Attorney-General is hereby instructed to commence suit therefor."
The Third Legislature adopted a concurrent resolution thanking the Arizona Volunteers for the services rendered the Territory, which reso- lution was worded as follows:
"WHEREAS, The officers and men of the First Regiment of Arizona Volunteers have, by the valuable and efficient service they rendered this Territory, in hunting and destroying the wily and implacable Apache during the past year, earned our warmest gratitude and highest praise; and
"WHEREAS, They have inflicted greater pun- ishment upon the Apache than all other troops in the Territory, besides ofttimes pursuing him barefoot and upon half rations, to his fastnesses, cheerfully enduring the hardships encountered on mountain and desert ; and
"WHEREAS, The financial condition of our young Territory will not admit of our offering a
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more substantial reward, and expression of our obligations to them, Therefore,
"Be It Resolved, by the House of Represen- tatives, the Council concurring, that the thanks of this Legislative Assembly be and are hereby tendered to the brave and efficient officers and men composing the late First Regiment of Ari- zona Volunteers."
This Legislature also adopted a concurrent resolution thanking Admiral Robert Rogers, commander of the steamer "Esmeralda," and Captain William Gilmore, Agent of the Pacific and Colorado Navigation Company, for their successful accomplishment of the navigation of the Colorado River to Callville.
It also passed a concurrent resolution thank- ing the Reverend Charles M. Blake for the pres- entation of a Bible, which resolution reads as follows :
"RESOLVED, By the Council, the House of Representatives concurring, that the thanks of this Legislative Assembly be tendered to Rev. Charles M. Blake, for the copy of the Holy Bible this day presented through him by the American Bible Society, and that it be deposited in the Territorial Library after the close of the ses- sion."
Evidently Bibles were scarce at this time in Arizona, and religious teaching sadly needed by the solons.
Among the memorials passed by this Legis- lature were the following :
Asking that the Act of Congress, approved May 5th, 1866, setting off to the State of Nevada all that part of the Territory of Arizona west 13
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of the thirty-seventh degree of longitude west from Washington, and west of the Colorado River, be repealed. This memorial was in words and figures as follows :
"To the Senate and House of Representatives of the United States, in Congress As- sembled :
"Your memorialists, the Legislative Assem- bly of the Territory of Arizona, respectfully represent that, by an act approved May 5th, 1866, Congress added to, and made a part of the State of Nevada, 'all that extent of territory lying within the following boundaries, to-wit: Commencing on the thirty-seventh degree of north latitude, at the thirty-seventh degree of longitude west from Washington, and running thence on said degree of longitude to the middle of the river Colorado of the West, thence down the middle of said river to the eastern boundary of California; thence northwesterly along said boundary of California to the thirty-seventh de- gree of north latitude, and east along said degree of latitude to the point of beginning'; Provided, however, that the territory mentioned should not become a part of the State of Nevada until said State should, through its Legislature, consent thereto.
"Your memorialists further represent that to the best of their knowledge and belief, this ter- ritory has not yet been accepted by the State of Nevada, in the terms and manner required by the foregoing provision, and that the matter is yet wholly within the control of Congress, and they earnestly pray that the act by which it is proposed to take from Arizona this important
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part of her territory, be repealed by your honor- able bodies.
"The area in question, which embraces the chief part of Pah-Ute County, and all of Mohave County west of the Colorado River, holds a nat- ural and convenient relation to the Territory of Arizona, and a most unnatural and inconvenient one to the State of Nevada. It is the watershed of the Colorado River into which all the prin- cipal streams of Arizona empty, and which has been justly styled the Mississippi of the Pacific. By this great river the Territory receives the most of its supplies, and lately it has become the channel of a large part of the trade of San Fran- cisco with Utah and Montana. Moreover, while it is a comparatively short and easy journey from any part of the territory in question to the county seats or the capital of Arizona, it is a tedious and perilous one of three hundred miles to the nearest county seat in Nevada, and to reach the capital of that State, by reason of in- tervening deserts, including the famous 'Death Valley,' over which travel is often impossible and always extremely hazardous, it is necessary to go around by Los Angeles and San Francisco, a distance of some fifteen hundred miles, and a most circuitous way. It is the unanimous wish of the inhabitants of Pah-Ute and Mohave Counties, and, indeed, of all the constituents of your memorialists, that the territory in question should remain within Arizona; for the con- venient transaction of official and other business, and on every account they greatly desire it. And on their behalf and in accordance with what appears to be no more than a matter of simple justice and reason, your memorialists earnestly
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request your honorable bodies to set aside the action by which it is proposed to cede it to Nevada, and as in duty bound your petitioners will ever pray.
"RESOLVED, That our Delegate in Congress, Hon. John N. Goodwin, is hereby requested to spare no effort to secure a favorable response to this memorial."
Congress was memorialized for the establish- ment of new mail routes as follows :
"To the Senate and House of Representatives of the United States, in Congress As- sembled :
"Your memorialists, the Legislative Assembly of the Territory of Arizona, respectfully repre- sent, that in accordance with a concurrent reso- lution, of which the following is a copy :
" 'RESOLVED, By the House of Representa- tives, the council concurring, that a committee of three from the House and two from the Coun- cil be appointed as a special committee to inquire into, examine witnesses, and take evidence under oath, if necessary, as to the necessity and prac- ticability of memorializing Congress as to estab- lishing other mail routes and putting services on some of those already established, and especi- ally with reference to procuring service from San Bernardino, California, to Wickenburg via La Paz, connecting with that already established from Tubac and Tucson to Prescott; also from La Paz to Arizona City in continuation of that from Mohave to La Paz.'
"A committee was appointed who have exam- ined witnesses and received evidence regarding the necessity and practicability of additional
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mail service to the Territory. Said Committee report that a large and growing commercial population on the Colorado River demands that postal service for the accommodation of the various towns upon that river as well as for con- venience of the interior country be at once estab- lished upon the route (created by Act of Con- gress approved June 30, 1864), from Los An- geles via La Paz to Wickenburg, connecting at the latter place with the route from Tubac and Tucson to Prescott, now in operation. This ser- vice will prove highly advantageous to the southern and western parts of the Territory. It is also important for the interests of a consid- erable and increasing mining population that Congress should immediately declare a postal route from Prescott to Lynx Creek, Big Bug, Woolsey's Ranch and Turkey Creek, and put service thereon.
"Service is also needed on the established routes from La Paz via Eureka to Arizona City, and from Prescott via Fort Wingate to Albu- querque on the Rio Grande, and from Fort Yuma via Tucson, to Mesilla. It is also recom- mended that the route from Wickenburg to Prescott be so changed as to run by Walnut Grove, and that a route be established from Call- ville to Pahranagat.
"For any further information than that now in possession of Congress and the Post Office Department regarding these several routes, ref- erence is respectfully made to Gird's official map of the Territory of Arizona.
"RESOLVED, That to promote the object of this memorial, the Secretary of the Territory is here- with requested to transmit a copy of the same
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to our Delegate in Congress, Hon. John N. Good- win, and also a copy to the Postmaster-General."
Among the laws passed by the Thirty-Ninth Congress affecting Arizona, was one establishing a land office in Arizona, approved March 2nd, 1867, but this law was not enforced, and no ap- pointments were made under it, probably owing to the quarrel between Congress and the Presi- dent, until the President was succeeded by Presi- dent Grant in 1869, for the land office in Arizona was not established until 1870.
The appropriation bill included the first of forty installments to be expended under the di- rection of the Secretary of the Interior for ap- propriations to Indians, being an amount equal to twenty dollars per capita, for eight hundred persons, as per the second paragraph of the treaty of October 17th, 1865 (probably a treaty made with the Mohave-Apaches), being sixteen thousand dollars for the fiscal year ending June 30th, 1867. For the transportation of goods, provisions, etc., purchased for the Apache In- dians for the fiscal year ending June 30th, 1867, there was appropriated the sum of three thou- sand, five hundred dollars.
Twenty thousand dollars was appropriated for the general incidental expenses of the Indian Service in the Territory of Arizona, to be used in the purchase of presents of goods, agricul- tural implements, and other useful articles, and to assist the Indians to locate in permanent abodes and sustain themselves by the pursuits of civilized life. This amount was to be expended under the direction of the Secretary of the Interior.
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Congress passed a law granting lands to aid in the construction of a railroad and telegraph lines from the States of Missouri and Arkansas, to the Pacific coast. This law was to aid the Atlantic & Pacific Railroad in the construction of its projected transcontinental line. The law first created the corporation; among the incor- porators, of whom there were some one hundred and seventy-five, appeared the names of some of the most prominent men of that time, and also the names of some of the men then prominent in Arizona, or who afterwards became so, such men being J. C. Fremont, A. P. K. Safford, then a resident of Nevada, both of whom afterwards became governors of Arizona. King S. Wool- sey, and Coles Bashford, of Arizona, were among the incorporators, as was also Henry D. Cooke, a brother and a partner of Jay Cooke, a great financier of that day and age.
This law prescribed the general route of the proposed railroad, the amount of its capital stock, the time of the first meeting of its di- rectors or commissioners, and, in general, laid out the plans for the organization and conduct of the corporation. It granted to the corporation the right to take from the public lands adjacent, to the line of said road, such earth, stone, tim- ber, etc., for the construction of the road, and gave it a right of way of one hundred feet in width on each side of the railroad where it should pass through the public domain, and all the necessary ground for station, buildings, work- shops, depots, machine-shops, switches, side- tracks, turntables, and water stations, and ex- empted the right of way from taxation within the Territories of the United States.
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The law also gave to the corporation every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile on each side of said railroad line through the Territories of the United States, and ten alternate sections of land per mile on each side of said railroad through the different states, wherever the United States had full title.
The law provided further that when the road had constructed twenty-five consecutive miles, three commissioners should be appointed by the President of the United States, and if they should report that twenty-five consecutive miles of said road and telegraph line had been con- structed in a good, substantial, and workman- like manner, patents of land should be issued to said company conveying the land grants made to it by the United States, and this method was to be pursued until the entire road should be built.
The law further provided that the Atlantic & Pacific Railroad Company should commence work within two years after the approval of the act of the President, and should complete not less than forty miles per year, after the second vear, and it further provided that the main line of the whole road should be constructed, equipped, furnished and completed by July 4th, 1878.
Any citizen of the United States could sub- scribe to the stock of the road. The road did not take out patents for their land for many years after the road was built in order to avoid taxes. It paid no taxes on the road until it was consolidated with the Atchison, Topeka and Santa Fe Railroad Company.
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On the 22nd day of January, 1867, a law was approved by the President, which provided that the net proceeds of the internal revenue of cer- tain territories, among which was Arizona, for the fiscal years ending on the 30th day of June, 1866, the 30th day of June, 1867, and the 30th day of June, 1868, should be set aside and appro- priated for the purpose of erecting, under the direction of the Secretary of the Interior, peni- tentiary buildings in the said Territories, the Legislatures of such Territories to designate the location of such penitentiaries, subject to the approval of the Secretary of the Interior. This law further provided that the amount so appro- priated should not exceed the sum of forty thou- sand dollars.
An act was also passed by Congress which provided that after its passage there should be no denial of the elective franchise in any of the Territories of the United States, to any citizen thereof, on account of race, color or previous condition of servitude, and it further provided that all acts or parts of acts, either of Congress or the Legislative Assemblies of the Territories, which were inconsistent with its provisions, should be null and void. This act was signed by Schuyler Colfax, Speaker of the House of Representatives, and by LaFayette S. Foster, President of the Senate, pro tem., and was en- dorsed by the President: "Received on the 14th of January, 1867."
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