USA > Arizona > History of Arizona, Vol. V > Part 2
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"In Yavapai County a substantial jail is in process of construction, and steps have been taken for the erection of similar buildings in other counties, but as it will be some time before they are fitted for use, it has been suggested to me, and I give you the suggestion, that it will be wise for your honorable bodies to enact
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THE FOURTH LEGISLATURE.
a law authorizing the Sheriffs of the respective counties to employ or cause to be employed, all able bodied male prisoners as laborers upon the roads, or in such public works as may be most required. This is the custom in many States and Territories, even where the jail accommo- dations are ample, and it has been found to con- duce both to the health of the prisoners and to the accomplishment of much useful labor."
He called the attention of the Legislature to an Act of Congress, approved January 22, 1867, appropriating the net proceeds of the Internal Revenue for the year 1866, and up to 1868, in- clusive, for the purpose of erecting under the direction of the Secretary of the Interior, peni- tentiary buildings at such places as should be designated by the Legislatures of the Terri- tories, and approved by the Secretary of the Interior. The sum appropriated for use in Arizona was limited to the sum of forty thou- sand dollars. The Governor recommended that the site should be selected at this session of the Legislature and that work should begin on the Territorial Prison.
The Governor further reported that two of the most important federal offices in the Terri- tory were unoccupied much of the time because of the wholly inadequate compensation allowed their incumbents by Congress, the offices being those of Marshal and District Attorney and suggested that the Legislature should petition Congress to make the salaries of such offices such that their occupants could hold them with- out personal sacrifice, and give the proper time and attention to the important duties required.
14
HISTORY OF ARIZONA.
In reference to the finances of the Territory, ยท he stated that the total Territorial indebtedness amounted to twenty-eight thousand, three hun- dred and seventy-five dollars ($28,375) in na- tional currency ; that nine thousand dollars of the gold bonds issued under the authority of the First Legislature, would become due during the ensuing year and that provision should be made for their payment.
The report of the Territorial Auditor was submitted to the Legislature, and is as follows: "Prescott, September 7th, 1867.
"To the Honorable the Fourth Legislative Assembly :
"In accordance with the provisions of Chap- ter 20, Howell Code, I respectfully submit my report of the accounts audited, and of the war- rants issued by me, in payment of said accounts, since November, 1866, to the present date.
"I have, since the first day of November, 1866, audited the claims as per list appended hereto, amounting in all, to three thousand and ninety-three dollars and one cent, ($3,093.01) for which I have issued warrants on the general fund.
"The Territorial Treasurer, on the 2d of August, rendered me a statement of the money and other Territorial securities received by him in payment for taxes, and of the disbursements made by him from the date of his last settle- ment with the Board of Territorial Commis- sioners, a copy of which I hereto append.
"Sec. V of the Act to provide for the expense of Arizona Territory, approved October 30th,
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THE FOURTH LEGISLATURE.
1866, authorizes the Sheriff or Collector, to re- ceive warrants drawn by the Auditor, in pay- ment of taxes, fines, etc., due the Territory at par, and that such shall be received by the Treas- urer in settlement with the Sheriff or Collector.
"I respectfully suggest as an act of justice to all parties, that Sec. V. of the above act be repealed and an act passed that warrants be paid by the Territorial Treasurer only, and in the order in which they are drawn by the Auditor.
"I am, with much respect,
"Your Obedient Servant, "JAMES GRANT, Auditor."
Congress was memorialized to allow the Gov- ernor of the Territory to raise a regiment of volunteer troops; to increase the jurisdiction of Justices of the Peace from one hundred to three hundred dollars; to allow duties to be paid in currency instead of in gold, alleging that it cost from five to ten per cent to bring in gold from California according to the distance; pro- testing against the annexation of any portion of Arizona to the State of Nevada, and also memorializing the Secretary of the Treasury as follows:
"To the Hon. Hugh McCulloch, Secretary of the Treasury :
"Sir :- Your memorialists, the Legislative Assembly of the Territory of Arizona, respect- fully represent that the sums enumerated be- low have been assumed by the Territory of Arizona as shown by the accounts of the Terri- torial Treasurer :
16
HISTORY OF ARIZONA.
"To William T. Howell for preparing
a Code of laws for the Terri- tory $2,500.00
"E. A. Bentley for printing said Code 2,994.75
"William T. Howell for reading proof of said Code. 250.00
"T. A. Hand for printing Gov- ernor's Message, journals, rules, &c., of First Legis- lature 1,121.00
"E. A. Bentley for printing Code and Acts of the Territory in the Arizona Miner news- paper $1,747.00
"R. C. McCormick for amount paid for enrolling bills passed by the First Legislature. . . ... "R. C. McCormick for amount paid P. H. Dunne for com- position, press work, paper and binding Governor's mes- sage (1864) and compendium of laws of the First Legis- lative Assembly in Spanish. . 950.00
850.62
"Making a total of : $10,413.37
"Ten thousand four hundred and thirteen 37/100 dollars, all of which your memorialists believe should, under the provisions of the Organic Act, and according to the custom of the Government in regard to other Territories, be paid out of the United States Treasury.
"Your memorialists further represent that the population of the Territory is so small, that
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THE FOURTH LEGISLATURE.
the Territory is now in debt with increasing expenses, that in no year since the organization of the Territory has the appropriation allowed by Congress been consumed, and that they therefore most respectfully and confidently ask that the amount of ten thousand four hundred and thirteen and 37/100 dollars be allowed the Territory of Arizona from the United States Treasury for the payment of the accounts aforesaid, Therefore:
"Resolved, that the Secretary of the Terri- tory, the Hon. J. P. T. Carter, is hereby re- quested to transmit a copy of this memorial to the Hon. Hugh McCulloch, Secretary of the Treasury, and to use all honorable means in his power to have the amount aforesaid, allowed the Territory of Arizona.
"Approved October 5, 1867."
This Legislature also memorialized Congress for an increase in pay of the members and offi- cers of the Legislative Assembly, asking an in- crease from three to six dollars for the per diem of the legislators; for an appropriation for the construction of military roads, and wells upon the same, and that the Quartermasters at the several military posts in the Territory, be authorized to purchase supplies in the open market.
Among the concurrent resolutions was one as follows :
"Whereas, the people of the United States, and particularly those of the frontier terri- tories, occupied by hostile Indians, have been given an implied, if not an expressed, assur- V-2
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HISTORY OF ARIZONA.
ance by the Government that the army should protect them, and their property, while strug- gling against the difficulties and dangers, and enduring the privations incident to the settle- ment and development of new countries; and whenever an officer of any rank in the military service fails to carry out whatever is necessary to this object, either from inability to compre- hend the situation, from mistaken sympathy with the savage, from a disposition to arbi- trary use of power, from a lack of definite policy, or from any motive or for any cause whatever, it is then the right of the people to petition for relief, and it is therefore
"Resolved, by the House of Representatives, the Council concurring, that we do earnestly re- quest that the Territory of Arizona be removed from under the command of the present De- partment Commander, Brevet Major General Irwin McDowell, and made into a separate De- partment, with the commanding officer residing within its limits, and reporting directly to Major General Halleck, commanding the Divi- sion of the Pacific.
"Resolved, that in our present District Com- manders, Generals Gregg and Crittenden, Colonels Lovell, Sanford and Price, and their subordinates, we recognize officers of ability, energy and the right disposition, whose com- bined movements against the hostile Indians will speedily rid us of the incubus which clogs and paralyzes every enterprise here, if they are directed by a competent commander upon the ground, familiar with the movements of the Indians, and prompt to take advantage of the
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THE FOURTH LEGISLATURE.
same, as well as to see that the troops are prop- erly supplied, the posts advantageously located, and to secure such additional force as may from time to time be required.
"Resolved, that the Secretary of the Terri- tory is hereby requested to forward a copy of these resolutions, with a copy of the message of the Governor, to the Secretary of War, to Generals Grant, Halleck and McDowell, to our Delegate in Congress, and to each of the Sen- ators and Members of Congress from the Pacific Coast."
This resolution was probably the outgrowth of a misunderstanding, or, rather, quarrel, be- tween the Executive and General McDowell, which will be treated of further as this history progresses.
There was some opposition to this resolution, coming principally from Yavapai members, who, no doubt, had no very kindly feeling toward the Governor on account of the part he had taken in removing the capital to Tucson, for at that time, in Arizona particularly, pros- perity followed the flag that waved over the capital. Here contracts were made by the Gov- ernment, and nice fat contracts handed around to the faithful. Along these lines, to show the feeling against the Governor, I copy the follow- ing report of the select committee concerning the financial condition of the Territory, of which Mr. Giles of Yavapai was chairman. This report is found upon page 101 of the Jour- nal of the Fourth Legislative Assembly, and is as follows :
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HISTORY OF ARIZONA.
"Your committee to whom was referred the subject matter contained in the resolution passed by the House on the 12th inst., appoint- ing a select committee of five to examine into the financial affairs of the Territory. To ascer- tain the total indebtedness of the Territory- what bonds or other evidences of indebtedness have been issued from the organization of the Territory up to the present time, for what pur- pose, and by what authority, etc., beg leave to report that they have performed the duty as- signed them and find the total indebtedness of the Territory to be twenty-eight thousand, three hundred and seventy-five dollars in currency. Your committee find that gold bonds to the amount of fifteen thousand dollars, bearing in- terest at the rate of ten per cent per annum, payable in three years from date of issuance, principal and interest payable in gold coin, have been issued by the Territorial Treasurer in liqui- dation of warrants drawn upon him by the Territorial Auditors, and that there are now outstanding warrants covering the balance of the Territorial indebtedness.
"Your committee find on examination that Territorial warrants, drawn on the Territorial Treasurer to the amount of six thousand four hundred and ninety-seven nineteen one-hun- dredths ($6,497.19) dollars, have been issued to Coles Bashford as Attorney-General of the Territory; and that the following Territorial gold bonds bearing interest, the interest payable annually, has been paid to said Coles Bashford as Attorney-General as salary and traveling
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THE FOURTH LEGISLATURE.
expenses in part satisfaction of said warrants, to-wit: Bonds number 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96. The interest on which has been paid to August 15, 1867.
"Also bonds numbers 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134. The interest on which has been paid to August 15, 1866. Also bonds numbers 141, 142, 143, 144, 145, 146, 147, 148, 149, 150. The interest on which has been paid to August 15th, 1867. Amounting in the aggregate to three thousand one hundred and fifty dollars, and the said Coles Bashford now holds, if he has not transferred the same, warrants numbers 31, 42, 51, 52, 55, 105, 106, amounting to three thou- sand three hundred and forty seven nineteen one-hundredths dollars (3,347.19). Your Com- mittee find that Coles Bashford was first ap- pointed Attorney-General for the Territory by Governor Goodwin on February 1st, 1864, and for said appointment your committee are un- able to find any law. The Organic Act nowhere furnishes the authority, and if done under Chapter sixteen of the laws of New Mexico, creating the office of Attorney-General, ap- proved February 2, 1859, your committee be- lieve it was illegal, for that act was amended by an act passed by the Legislature of said Terri- tory, approved February 28th, 1862, and by an act passed by said Legislature approved Janu- ary 28th, 1863. Thereby circumscribing the duties of Attorney-General for the Territory of New Mexico, by making said officer District
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HISTORY OF ARIZONA.
Attorney for the First Judicial District of said Territory, and ex officio Attorney-General for the Territory, reducing his salary from fifteen hundred to six hundred dollars. Under this illegal appointment, as your committee believe, Coles Bashford acted as Attorney-General until Nov. 10th, 1864. And for said services was al- lowed and paid in bonds of the Territory, the sum of one thousand one hundred and sixty- six dollars. On November 10th, 1864, an act of the Territorial Legislature creating the offices of Attorney-General and fixing his salary, was approved, and the said Coles Bashford was con- tinued or reappointed Attorney-General, which appointment was a plain violation of that part of the Organic Act which says that 'no member of the Legislative Assembly shall hold or be ap- pointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a mem- ber during the term for which he was elected and for one year after the expiration of such term.'
"The said Coles Bashford being at that time a member of the Legislature, elected for two years. And your committee find that the said Coles Bashford held said office of Attorney- General from November 10th, 1864, to Decem- ber 31st, 1866; and your committee believe illegally. And that from time to time Terri- torial warrants on the Territorial Treasurer were issued to the said Coles Bashford as Attorney-General, from the said 10th day of November, 1864, to December 31st, 1866, amounting to four thousand eight hundred and
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THE FOURTH LEGISLATURE.
forty-seven nineteen one-hundredths ($4,847 .- 19) dollars, which amount, (if not transferred), he now holds against the Territory in the shape of bonds and Territorial warrants.
"Your committee also find that the Third Legislature by an act, approved Oct. 30th, 1866, abolished the office of Attorney-General. And that from December 1st, 1866, under an act of the Third Legislature, approved October 27th, 1866, the District Attorney for the county of Yavapai has been paid for services as Attorney- General.
"Your committee believe that the appoint- ment of Coles Bashford as Attorney-General was in violation of law, and that his claims for services as such, were illegal, and should not have been allowed by the board of Territorial Auditors. And we, your committee, recom- mend that you take such steps as are necessary to stop the payment of said bonds and warrants issued to pay said Coles Bashford for services as Attorney-General.
"Your committee also find that under Chap- ter twenty-one of the Howell Code, the Governor of the Territory is authorized to appoint an Adjutant-General, and that his compensation shall be whatever amount the Territorial Au- ditors shall allow. Under said law we find that one W. T. Flower was appointed Adjutant- General, and for services which your committee could not see, was paid a warrant for the sum of three hundred and twelve dollars and fifty cents.
"Flower was removed or resigned, and one W. H. Garvin was appointed, and has held the
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HISTORY OF ARIZONA.
position of Adjutant-General up to the present time, and continues still to hold it, drawing at stated times his regular warrants; and to him have been issued warrants to the amount of one thousand three hundred and two dollars and thirty-two cents.
"During a part of the years 1865 and 1866, we find that the said Adjutant-General did per- form some services, as the Territory had during that time some troops in the field, and your com- mittee can understand why warrants were issued to him during that time. But your committee cannot understand why he should be paid when no services were rendered. Your committee find that within the past year, when the Terri- tory had no troops, when no militia is organized, that warrants to the amount of six hundred and fifty-five dollars have been issued to the said W. H. Garvin, as Adjutant-General for the Ter- ritory, as salary and office expense. But as it has been allowed in accordance with law, we suppose it must be paid.
"Your committee, however, recommend that a law be passed repealing that section of Chap- ter XXI of the Howell Code, authorizing the Territorial Auditor to allow such claims in the future.
"Your committee find that a warrant for two thousand nine hundred and ninety-four dollars and seventy-five cents was issued to E. A. Bentley for printing the Howell Code; that a warrant for two thousand five hundred dollars was is- sued to W. T. Howell, Commissioner, to prepare the Howell Code, and that a warrant for two hundred and fifty dollars was issued to the same
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THE FOURTH LEGISLATURE.
W. T. Howell for reading proof of the Howell Code; that a warrant for one thousand seven hundred and forty-seven dollars was issued to E. A. Bentley for printing laws of the Territory in the Arizona Miner; that a warrant for one thousand one hundred and twenty-one dollars was issued to T. A. Hand for printing Gov- ernor's Message, Journals of the First Legisla- ture and the Rules of the House and Council of the First Legislature; that a warrant for eight hundred and fifty dollars and sixty-two cents was issued to R. C. McCormick for amount paid by him for enrolling bills passed by the First Legislature-amounting in the aggregate to the sum of nine thousand four hundred and sixty- three and 37/100 dollars, which your com- mittee believe were improperly charged against the Territory, and feel assured would be re- funded to the Territory if the proper repre- sentations were made at Washington. Your committee therefore recommend that you take such steps as are necessary to get the matter before the Treasurer of the United States.
"Your committee also find that warrants were issued to A. M. White, T. Hodges, P. McCannon, and R. C. McCormick, amounting to the sum of one thousand four hundred and ninety-one dollars, for expenses incurred in Col. K. S. Woolsey's expedition against the hostile In- dians. And your committee believe that if the matter was fairly represented to the Congress of the United States, an appropriation would be made for our relief.
"Your committee find that the balance of the outstanding indebtedness of the Territory is for
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HISTORY OF ARIZONA.
salaries due the Territorial Auditor and Treas- urer, and for printing, interest on bonds and other incidental expenses, amounting to the sum of nine thousand two hundred and eight dol- lars and sixty-two cents.
"Your committee find that the Governor and Secretary, being officers of the government of the United States, were, by section ten of the Organic Act, which says: 'No person holding a commission or appointment under the United States, except postmaster, shall be a member of the Legislative Assembly, or shall hold any office under the goverment of said Territory,' prohibited from holding the office of Auditor; and that the Attorney-General was also pro- hibited from acting as Auditor, under the same section, which says that no member of the Legis- lative Assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term. All of which is respectfully submitted.
"JAMES S. GILES, "Chairman, Select Committee."
There was introduced at this session of the Legislature for the first time, an act to create Maricopa County, which was defeated in the House by a vote of eight to six.
Among the laws passed by this Legislature was one to prevent the improper use of deadly weapons in the towns and villages of the Terri- tory, which would be considered in our day a queer piece of legislation. It read as follows:
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THE FOURTH LEGISLATURE.
"Section 1. That any person in this Terri- tory, having, carrying, or procuring from an- other person, any dirk, dirk-knife, bowie knife, pistol, gun, or other deadly weapon, who shall in the presence of two or more persons, draw or exhibit any of said deadly weapons in a rude, angry or threatening manner, not in necessary self defence, or who shall in any manner unlaw- fully use the same in any fight or quarrel, the person or persons so offending upon conviction thereof in any criminal court in any county of this Territory, shall be fined in any sum not less than one hundred nor more than five hundred dollars or imprisonment in the county jail not less than one nor more than six months, in the discretion of the court; or both such fine and imprisonment, together with the cost of prose- cution.
"Section 2. That any person or persons hav- ing or carrying any pistol or gun who shall in the public streets or highways discharge the same indiscriminately, thereby disturbing the peace and quiet, and endangering the lives of the inhabitants of any town or neighborhood in this Territory, such person or persons upon con- viction thereof before any Justice of the Peace in the county where such offence may be com- mitted shall be fined in any sum not less than ten nor more than fifty dollars and imprison- ment in the county jail not less than two nor more than ten days, in the discretion of the Justice of the Peace, together with the cost of prosecution.
"Sec. 3. It shall be the duty of all sheriffs, deputy sheriffs, constables, and all peace officers
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HISTORY OF ARIZONA.
and private citizens to see that the provisions of section second of this act are enforced, by informing on all persons violating its provi- sions, by having them arrested and brought be- fore the proper officer for trial and punishment.
"Sec. 4. It is hereby made the duty of all civil and peace officers in this Territory to be diligent in carrying into effect the provisions of section one of this act, as well also as all grand juries, or grand jurors, to enquire into and make presentment of each and every offence against the provisions of said section one of this act which shall come within their knowledge. And it is also made the duty of all judges in this Ter- ritory to give said section one in charge of the grand juries at each term of their respective courts."
An act was passed permanently locating the capital or seat of government of the Territory of Arizona in Tucson, which was to take effect after the first day of November, 1867. There was a great deal of scandal attending the re- moval of the capital. The Miner claimed that it was done through fraud, saying, in an edi- torial under date of November 30th, 1867:
"We are assured upon good authority that improper proceedings to the extent of buying three or four members of the Fourth Legisla- ture, and pledging to Governor McCormick to support him for Congress at that place (Tuc- son). If this does not come under the head of improper proceedings, we are at loss to know what does."
While, of course, there is no direct evidence to show that fraud was used in moving the capi-
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THE FOURTH LEGISLATURE.
tal, the fact remains that Pima County gave Governor McCormick a very large vote the next year when he was a candidate for Delegate to Congress, he being elected by the following vote :
County
Republican, R. C. McCormick
Democrat, John A. Rush
Independent, Samuel Adams
Yavapai
202
425
9
Mohave
23
40
9
Yuma
80
300
-
Pima
932
71
14
Total :
1,237
836
32.
The Fourth Legislature also passed an act concerning public schools, which gave to the Board of Supervisors in the several counties the right, whenever there was a village or a settle- ment with a resident population of not less than one hundred persons, and covering an expanse of country not more than four square miles, to set aside such district for a school district : "when any number of legal voters residing in such district may make application to the Board of Supervisors for the establishment of public schools in such district." Sections 4 and 5 of this act are as follows :
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