USA > Arizona > History of Arizona, Vol. V > Part 3
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"Sec. 4. The Board of Supervisors shall, upon the receipt of such petition, define the boundaries and limits embracing such territory or tract of land on which such settlement is lo- cated, and declare the same a school district, numbering such districts in the order in which the same are created.
"Sec. 5. The Board of Supervisors shall, immediately upon the creation of such district,
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levy, in addition to the taxes authorized by law to be levied for county and Territorial purposes, a tax of not more than one-half of one per cent. on the assessed value of all the taxable property within the limits of each district, as shown by the last assessment roll of the County Assessor."
This is the first legislation in Arizona creating School Districts, which has been followed ever since.
There was also an act passed amendatory of Chapter 33, of the Howell Code, "Finances and Taxation," which read as follows :
"Sec. 19. An annual ad valorem tax of fifty cents upon each one hundred dollars value of taxable property is hereby levied and directed to be collected and paid for Territorial purposes upon the assessed value of all property in this Territory not by this act exempt from taxation ; and upon the same property the Board of Supervisors of each county is hereby authorized and empowered annually to levy and collect a tax for county expenditures not exceeding one dollar and fifty cents upon each one hundred dollars of the taxable property in such county ; and upon the same property the Board of Super- visors of each county is hereby authorized and empowered annually to levy and collect such ad- ditional or special taxes as the laws of this Territory may authorize or require them to levy and collect; provided, however, that whenever the Board of Supervisors levy any tax they shall cause such levy to be entered on the record of their proceedings and shall direct their clerk to deliver a certified copy thereof to the Sheriff and Treasurer of the County, each of whom shall
JOHN A. RUSH.
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THE FOURTH LEGISLATURE.
file said copy in his office, and on the first Mon- day in July in each year the Board of Super- visors shall proceed to estimate and to ascertain the amount of taxes necessary to be assessed upon the taxable property of the county for the year next ensuing not exceeding for all pur- poses two dollars upon each one hundred dol- lars of the value of the taxable property, in such county. In such estimate they shall specify the amount to be raised for each particular purpose. If for any cause said Board shall not meet on the day above specified, they may meet for such purpose at any time within ten days there- after."
Edward J. Cook, one of the members of this Legislature, was a native of Alabama. He went to California in the early days of that State, and about the year 1865 came to Arizona, settling in Prescott, where he engaged in merchandising. He represented Yavapai County in this legisla- ture, and afterwards served three or four years as Treasurer of Yavapai County. He died in Prescott in the early nineties.
John A. Rush was a member of this Legisla- ture, and a Candidate for the office of Delegate to Congress, running against Governor McCor- mick in 1868. He first settled in the Salt River Valley, and thereafter went to Prescott and began practicing law, in which profession he was associated with Hon. E. W. Wells from 1875-76 to 1889.
Philip Drachman, a member of this Legisla- ture, was born in Poland in 1830, and came to the United States when only sixteen years of age, arriving in Arizona in 1863. He engaged
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HISTORY OF ARIZONA.
in the general merchandise business at Tucson, and became one of the prominent business men of that place. During a busy business career, however, he found time to serve the territory and the town of his adoption, as, in addition to being a member of the Fourth Territorial Legis- lature, he was a member of the city council of Tucson for several terms. A man of strong individuality he left his mark upon the town of his adoption, and also upon the then Terri- tory of Arizona. He died in the year 1889, after a long and honorable residence in Arizona, leaving behind him children who have continued his good work, one of whom, Mose Drachman, served as State Senator from Pima County in the Second State Legislature. Another, Sam- uel Arizona Drachman, said to be the second child born of Caucasian parents in Tucson, is at this time, 1918, a leading merchant in that city.
PHILIP DRACHMAN.
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THE FIFTH LEGISLATURE.
CHAPTER II. THE FIFTH LEGISLATURE.
CONVENING OF - GOVERNOR'S MESSAGE - MEM- ORIALS - RESOLUTIONS - DEATH OF HENRY JENKINS - MURDER OF A. M. ERWIN BY INDIANS - TREASURER'S ESTIMATE OF Ex- PENSES - CONTENTION BETWEEN ARIZONA AND CALIFORNIA AS TO BOUNDARY LINE- APPOINTMENTS BY GOVERNOR - REPORT OF TERRITORIAL AUDITOR - REPORT OF TERRI- TORIAL TREASURER-INDEBTEDNESS OF TER- RITORY.
The Fifth Legislature convened in Tucson on the 10th day of November, and ended on the 16th day of December, A. D. 1868. In this legislature Mohave and Pah-Ute Counties were represented in the Council by Octavius D. Gass. John T. Alsap, from Yavapai County, a resident of the Salt River Valley, was the only member of the Council from that County. Pima County was represented in the Council by Estevan Ochoa of Tucson, Henry Jenkins of Tucson, who died during the session of the Legislature on November 20th, 1868, Daniel H. Stickney, of Casa Blanco, and Alexander McKay, of Tubac. Joseph K. Hooper, who had been elected to the Council from Yuma County did not attend the session, so that county was not represented.
It will be seen that there was only a bare ma- jority of the upper house during the greater portion of this Legislature, as at that time it was composed of nine members.
V-3
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HISTORY OF ARIZONA.
In the House of Representatives Andrew S. Gibbins represented Pah-Ute County, and John Smith was the only representative from Yava- pai County out of six who had been elected. This was John Y. T. Smith, whose home at the time was at Camp McDowell. Thomas J. Bid- well and Oliver Lindsey, both of La Paz repre- sented Yuma County. All of the Pima delega- tion, consisting of Jesus M. Elias, Francis H. Goodwin, Hiram S. Stevens, John Owen, John Anderson, Sol. W. Chambers, and Robert M. Crandal were present during the session. The lower House was entitled to a membership of eighteen, of whom seven failed to appear.
This Legislature organized by the election of John T. Alsap President of the Council, and Thomas J. Bidwell Speaker of the House. Among the officers of the Council were L. M. Jacobs, who was Engrossing Clerk, and B. M. Jacobs, Enrolling Clerk. They were afterwards prominently identified with the mercantile and banking business in Tucson. Another officer of the Council was the Chaplain, Bishop A. B. Sal- pointe, whose activities in connection with the early history of the Catholic Church in Arizona have heretofore been recited, and who is, at the present time, the presiding Catholic Bishop of the State.
Governor McCormick, in his message, called the attention of the Legislature to the activities of the hostile Apaches, and criticised the course pursued by the Federal Government which had produced no results proportionate to the ex- pense incurred, leaving the Apache as bold and
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THE FIFTH LEGISLATURE.
successful in that day as ever before. He recommended the renewal of the memorials to Congress of the Third and Fourth Legislatures; urging the enlistment of volunteers by the Gov- ernment for the subjugation of the Apaches.
In reference to railroads and telegraphs, he said :
"The building of a railroad across the Terri- tory is one of the most important steps toward the subjugation of the Apache that can be taken, and for this reason and for many others that will occur to you, I suggest that you pray Con- gress to render such assistance to the company or companies proposing to build such road as will insure an early completion of the work. Were the Territory not infested with hostile Indians the difficulty and expense of getting here until such railroad is provided must make it slow of settlement and prove a great draw- back to its progress. Under existing circum- stances its construction were equal to the sending here of a dozen regiments of troops, and is essential in order to make the country available to the public, and to secure to the Gov- ernment the revenues which with proper aid it will so abundantly return.
"Parties who since the meeting of the last Assembly have surveyed the routes across the Territory declare them to be most practicable, and there is a growing belief both in California and the East that the popular and profitable Pacific railroad will go through Arizona.
"In this connection I may refer to the fact that telegraphic communication is now complete
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HISTORY OF ARIZONA.
to Santa Fe, New Mexico, and that by connect- ing mails we receive news from all parts of the world in ten days. I am informed that parties stand ready to extend the wires across Arizona to California if reasonable encouragement is given. If you can in any way assist the enter- prise I am sure you will do so."
The Indian question was treated as follows: "The active military movements against the Wallapais brought most of them to terms some months since, and a number were placed upon a temporary reservation near Fort Mohave, but I learn they are again upon the warpath, roam- ing chiefly upon the Mohave and Prescott road. They are a weak tribe and their hostility cannot continue long.
"When work upon the Great Colorado reser- vation was suspended, owing to the exhaus- tion of the Congressional appropriation, the Apache, Mohave, Yavapai and other Indians gathered there, took to the mountains, and depredations near La Paz and Wickenburg are attributed to them. If they have begun hostili- ties it is probably in view of the recent killing by citizens of a venerable chief and others of their tribes at La Paz, a transaction which whether partaking of the unjustifiable char- acter now reported or not, goes to demonstrate the importance of legislation to prevent the assumption by irresponsible parties of steps which sooner or later must produce disastrous results, counteracting the influence of the au- thorities and leading Indians to lose all con- While no treatment can fidence in the whites.
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THE FIFTH LEGISLATURE.
in my judgment be too severe for the hostile Indians, those disposed to be friendly should be entitled to the same protection from the laws as other persons owing allegiance to the Gov- ernment enjoy.
"The Pimas and Maricopas lost a part of their crops by the unusual flood of September last, but they are generally prosperous, although but slightly provided for by the Government.
"All who comprehend the Indian character will rejoice that the Indian commission has reached the view long held on the frontier, that the Government should cease to recognize the Indian tribes as a domestic independent nation, except so far as it may be required to recognize them as such by existing treaties, and by treaties made but not yet ratified; that hereafter all Indians should be considered and held to be individually subject to the laws of the United States except where and while it is otherwise provided in such treaties. Such course will be commended to Congress by the Commission, with another good suggestion, viz .: to clothe, protect and assist all Indians, no matter of what tribe, who will go upon the reservations and stay there."
The Governor said, in reference to mines and mining :
"The Wickenburg gold mines are worked without interruption, and steadily yield a large revenue. The Vulture lode, the Comstock of Arizona, now has a wide and merited fame. It is one of the richest, most extensive and remark- able deposits of gold quartz upon the continent,
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and its return to this time is believed to be an earnest of what may be expected from it in the future.
"Unfortunately the mills erected in the vicin- ity of Prescott were put either upon worthless lodes or upon those in which ores predominate which cannot be made to pay by ordinary treat- ment. The chlorination process has lately been introduced there, and it is expected that it will prove successful as in California and Colorado. If such is the case, the hopeful people who have clung to that part of the Territory, under most annoying delays and disappointments, will speedily reap the reward due their patience and pertinacity.
"Upon the Colorado river little is doing in mining; the low price of copper has not war- ranted the continuous working of the lodes at Williams Fork and other points, although a re- newal of operations at an early date is prom- ised. From the Eureka and Castle Dome dis- tricts there is a steady and profitable shipment of lead ore to San Francisco, and work upon several silver lodes in that district is vigorously prosecuted as it is upon several gold lodes near La Paz and Hardyville.
"Below the Gila, the Cababi mines continue to yield a good return of silver and a fine mill is in process of erection at Apache Pass, where the gold lodes are attracting much attention and give excellent promise. Confidence in the mineral resources of the Territory is unshaken, and those most familiar with them believe that once secure from Indian depredations and made accessible
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THE FIFTH LEGISLATURE.
by the iron rail, Arizona will take front rank among gold, silver, and copper producing dis- tricts of the world.
"Late last year, at the request of J. Ross Browne, United States Mining Commissioner, I prepared as complete a statement of the min- eral discoveries and results in the Territory as the time and material at my command would admit of. It will be found in his elaborate re- port upon the 'Mineral Resources of the States and Territories West of the Rocky Mountains,' published by Congress, and although imperfect in some particulars, will, I trust, be serviceable to the Territory in giving the public an idea of its mineral affluence, and attracting capital and population.
"Arizona, in common with the other mineral bearing Territories, is interested in the passage of the bill now before Congress looking to the endowment of a School of Mines from the pro- ceeds of the tax upon gold and silver bullion, a most necessary and promising scientific move- ment, and it may be well for you to add to the appeal in its behalf by a memorial or resolution as you deem best."
In reference to Agriculture, he said:
"Although the seasons vary with each year, it is now well established that most of the val- leys and river bottoms throughout the Terri- tory may be successfully cultivated. Much attention is given to agriculture, and the prod- uct of the year is largely in excess of that of any previous one. Corn, wheat, and barley attain a perfect growth at most points, and the
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HISTORY OF ARIZONA.
vegetables will compare favorably with those of any country. About Prescott the yield of potatoes of an excellent quality has this year been large. The few fruit trees planted to this time are thrifty, and it is thought the favorite fruits can be raised at various places in the Ter- ritory. The military are supplied with grain without drawing upon California as in years past, and comparatively little flour is brought from abroad. The prospect is that at an early day all required will be made in this Territory. "The new and prosperous farming settle- ments of Phoenix, upon the Salt River, and Florence on the Gila river, are demonstrating the richness of the soil in the broad valleys of those great streams and the facility with which it may be irrigated and cultivated. The climate is found to be neither oppressive nor unhealthy as heretofore popularly supposed, and the belief that large communities have subsisted upon the produce of the valleys in the far past is strength- ened by the accumulating evidence of their rare fertility. Tens of thousands of acres as valu- able and easy of tillage as those now occupied remain unclaimed, and as the region is central, near to the reservations of the friendly Pima and Maricopa Indians, and seldom molested by the Apache, it offers peculiar inducements to settlers, and is commended to the numerous par- ties crossing the Territory from Texas and other states as having advantages equal, if not superior, to any held out to them farther west.
"While the lands that do not need irrigation and those that may be irrigated from streams
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THE FIFTH LEGISLATURE.
are extensive and all sufficient for a much larger population than is here at present, the soil of much of what is known as the desert country, is exceedingly rich, and if supplied with water by a system of artesian wells, as there is everv reason to believe it may be at a reasonable cost, must abundantly repay cultivation. The great valleys and plains upon the roads from the Colorado to Wickenburg and Prescott, those between Sacaton and Tucson, and the plains about Tucson, those of the Cababi and Fresnal districts, and others not frequented by the Apaches, and more accessible than much of the land now occupied, may, I believe, with such wells, be made to blossom as the rose, and to produce crops that will surprise the world. I recommend, if the existing laws of the Terri- tory regarding wells upon deserts is not liberal enough to induce the sinking of artesian wells, that it be made so."
Under the head of "Various Recommenda- tions" the Governor recommended that more attention be given to educational matters; that a new and earnest memorial to Congress re- garding the boundaries of the Territory at Arizona City, (Yuma), should be presented to Congress; that encouragement should be given citizens establishing ferries on the Gila and Salt rivers; such ferries being an absolute necessity to communication between the lower and upper country several months in each year, and the travel not being sufficient to support them; that the act of the last Assembly "to prevent and punish the sale of liquor to Indians, does not
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secure the ends desired, and should be made more complete and stringent." That although the thoroughfares throughout the Territory were generally good, in some of the mining dis- tricts, particularly in Yavapai county, there was need of improvement and certain new roads were necessary to ready communication, among them being one from Wickenburg to Prescott, via Walnut Grove, which would save many miles of travel between those points, and one from Phoenix to Prescott, via the Agua Fria, which would open a direct and comparatively short route from Tucson to Prescott; that no aid having been given by the Government for the building of roads in the Territory, a reason- able appropriation for the construction of these new roads and for such improvements upon existing roads as may be necessary could, with propriety, be asked of Congress.
Continuing, the Governor stated :
"There is a gratifying improvement in social life throughout the Territory. In the chief towns the houses are of a better character than a year or two since, and the ranchmen who have prospered have generally improved their struc- tures. There is a growing disposition to live rather than stay here, to build homes and make them attractive, to cultivate household affec- tions and loves, and society is assuming that organization which is necessary to pleasing and profitable existence."
The Governor concluded his message by re- ferring to his election as a Delegate to the Forty-First Congress of the United States, and
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THE FIFTH LEGISLATURE.
pledged his support there to all measures which might be introduced to upbuild and promote the prosperity of the Territory.
The first memorial passed by this Legislature was one to Congress asking for an appropria- tion of a hundred thousand dollars for the erec- tion of a capital building at Tucson, the seat of government. Another was to the Secretary of War asking that authority be given to the commanding officers of the various military posts, to furnish arms and ammunition to citi- zens known to them, whenever it was believed by said commanding officer that such citizens could and would render effective service against hostile Indians, the arms to be receipted for by the parties to whom they were loaned, and to be promptly returned upon the completion of the service for which they were given.
Another memorial to Congress asked that the time fixed by Congress for the appropriation of the net proceeds of the Internal Revenue to the building of a penitentiary, be extended until the sum appropriated, forty thousand dollars, should have accumulated. Another asked for the establishment of a Mail Route from Tucson to Sasabi Flat, and still another asked Congress for an appropriation of $2,000 to pay for a library for the Territory. The Legislature also memorialized Congress for an appropriation to codify the laws of the Territory, and also asked that a Surveyor-General be appointed for the Land district of Arizona Territory, and for an appropriation to survey the land in said dis- trict.
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HISTORY OF ARIZONA.
This Legislature passed joint or concurrent resolutions as follows :
One requesting the Territory's Delegate in Congress to ask for the establishment of a mail route from Tucson to Wickenburg via Camp Grant, Florence, Phoenix and Camp McDowell; also that a semi-weekly service be put on from Prescott, Arizona, to Albuquerque, New Mexico; one recommending the establishment of a United States Depositary at Tucson; also a joint reso- lution which is in the nature of an appropria- tion bill, which reads as follows :
"Be It Resolved by the Legislative Assembly of the Territory of Arizona :
"That the Territorial Treasurer shall set apart from the Territorial funds, from time to time, a sufficient amount of money to pay all the legal, current and contingent expenses of the Territory of Arizona, for the year ending December first, A. D. one thousand eight hun- dred and sixty nine.
"Approved, December 15, 1868."
A concurrent resolution was passed asking Arizona's Delegate in Congress to solicit an appropriation of five thousand dollars to be given as a premium to the person or persons who should first sink an artesian well upon the desert lands of the Territory, the same to be paid by the Secretary of the Interior, upon his receiving satisfactory proof that such well was a success, said proof to be furnished by the Gov- ernor and Secretary of the Territory; also the following resolution regarding his Excellency Governor Richard C. McCormick:
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THE FIFTH LEGISLATURE.
"Resolved, by the House of Representatives, the Council concurring, that the fifth Legis- lative Assembly, cordially joins in the sentiment expressed by previous Legislatures, that his Excellency Governor Richard C. McCormick, has both in his official and personal relations, shown himself to be the true friend and intel- ligent advocate of the best interests of Arizona.
"Resolved, that his long and zealous public service, in the face of many obstacles, and his thorough knowledge of the country and its re- sources, will entitle him to the confidence shown by the people in his election as their Repre- sentative in the Congress of the United States, and must ever honorably identify his name with the organization and history of the Territory."
One member of the Legislature, Henry Jen- kins, of Pima, died during the session. The following obituary by one of his colleagues, Mr. McKey, of Pima, was delivered in the Council on the 20th of November:
"Mr President-It becomes my sorrowful duty this morning to announce to this body the demise yesterday at one o'clock P. M. of one of the most honored and esteemed members of this Council. Hon. Henry Jenkins, from Pima County. He was a gentleman of the 'olden school,' so much so, in fact, he never could adapt himself fully to the latter day free and easy life of the West. Of an excellent education, and a careful early training, he never forgot those associations. Much in public life and ever popular, familiar with all public questions, and having a high sense of honor, as a pioneer he
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was hopeful and patient; as a legislator he was ever careful, judicious and upright; as a citi- zen, liberal, courteous and public spirited. Having frailties as all have, even they 'leaned to virtue's side.' He was a member of the Third, Fourth and Fifth Legislatures of Ari- zona, and in his earlier years he had been a member of the New York Legislature, and was there considered the peer of the great states- men of the Empire State.
"He leaves a family in Albany, New York, to mourn his loss. We regret him as a brother member, and as an esteemed citizen, but not as those who have no hope. We have faith to be- lieve that we shall all meet again beyond the valley and shadow of death. May his remains rest in peace."
Another member of this Legislature was killed by the Apaches before the Legislature convened, A. M. Erwin, upon whose death a spe- cial committee reported the following resolu- tions expressive of the sympathy and condo- lence of the Legislature :
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