USA > New Mexico > History of New Mexico : its resources and people, Volume I > Part 24
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Troop H .- Captain, George Curry, Tularosa ; First-lieutenant, William H. Kelly, Las Vegas ; Second-lieutenant, Charles L. Ballard, Roswell; Sergeants, Nevin P. Gutilins, Tularosa; Oscar de Montell, Roswell; Michael C. Rose, Silver City; Nova A. Johnson, Roswell; Corporals, Marton M. Morgan, Silver City; Arthur E. Will- iams, Las Cruces; Frank Murray, Roswell; Morgan O. B. Llewellyn, Las Cruces; James C. Hamilton, Roswell; Charles P. Cochran, Eddy; Trumpeter, Gaston R. Dehumy, Santa Fé; Farrier, Robert L. Martin, Santa Fé; Wagoner, Taylor B. Lewis, Las Cruces.
Troopers: Albert B. Amonette, Roswell; Columbus L. Black, Las Cruces; John B. Bryan, Las Cruces; Frank Bogardus, Las Cruces ; Thomas F. Corbett, Roswell; John S. Cone, Tularosa; Abel B. Duran, Silver City; Jose L. Duran, Santa Fé; Lewis Dorsey, Silver City; George B. Doty, Santa Fé; Frederick W. Dunkle, Las Vegas; Arthur L. Douglas, Eddy : Frank A. Eaton, Silver City; Augustus C. Fletcher, Silver City; James B. Grisby, Deming; James M. Hamilton, Deming; Leary O. Herring, Silver City; Robert C. Houston, Hillsboro; Amandus Kehn, Silver City; Frank H. Lawson, Las Cruces; John Lannon, Hillsboro; Thomas A. Mooney, Silver City ; George F. Murray, Deming; Charles H. Ott, Silver City ; Lory H. Powell, Ros- well; Norman W. Pronger, Silver City; John F. Pollock, Tularosa; Alexander M. Thompson, Deming; Daniel G. Waggoner, Roswell; Curtis C. Waggoner, Roswell; Patrick A. Wickham, Socorro. Sergeant William I .. Rynerson, Las Cruces, dis- charged by reason of special order U. S. Army. Transferred to Troop I May 12, 1898: Sergeant John V. Morrison, Santa Fé; Privates, Rohert E. Lee. Donahue ; C. Darwin Casad, Las Cruces; Numa C. Fringer, Las Cruces: George Schafer, Pinos Altos; Morris J. Storms, Roswell. Edwin Eugene Casey, Las Cruces, died in hos- pital at Camp Wyckoff, N. Y., Sept. 1, 1898. Samuel Miller, Roswell, deserted from Tampa, Fla., June 28, 1898.
Troop I .- First-lieutenant, Frederick W. Wintge, Santa Fé; First-sergeant, John B. Wylie, Fort Bayard; Sergeant, William H. Waffensmith, Raton ; Corporals: Numa
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C. Frenger, Las Cruces; William J. Sullivan, Silver City; William J. Nehmer, Sil- ver City; Hiram T. Brown, Albuquerque ; Trumpeter, Robert E. Lea, Doña Ana.
Troopers: Horton A. Bennett, Tularosa; Frank C. Brito, Pinos Altos; Charles D. Casad, Mesilla; George M. Coe, Albuquerque; Henry C. Davis, Santa Fé; Thomas P. Dolan, Pinos Altos; Robert W. Denny, Raton; Evan Evans, Gallup; Joseph F. Flynn, Albuquerque; John R. Gooch, Santa Fé; Oscar W. Groves, Raton; Hedrick Ben Goodrich, Santa Fé; Ernest H. Hermeyer, Roswell: William H. Jones, Raton ; Cal Jopling, La Luz; Harry B. King, Raton; Alexander McGowan, Gallup; Ben F. T. Morris, Raton; Roscoe E. Moore, Raton; Harry Peabody, Raton; John P. Roberts, Clayton; Lonis Larsen, Santa Fé: Carl J. Schearnhorst, Jr., Santa Fé; George Schafer, Pinos Altos; John H. Tait, Santa Fé; John L. Twyman, Raton ; Harry B. Wiley, Santa Fé; Roy O. Wisenberg, Raton.
Troop K .- First-sergeant, Frederick K. Lee, Organ. Troopers : William C. Bernard, Las Vegas; Stephen Easton, Santa Fé, transferred to Troop H, July 15, 1898. Private, Joseph L. Duran, Santa Fé.
Under the second call for volunteers in the war with Spain, a regiment, popularly known as the "Big Four," was organized from Arizona, New Mexico, Oklahoma and Indian Territory, and became a part of the First Army Corps, commanded by Major General James H. Wilson, and the Third Brigade, commanded by Brigadier-General John N. Andrews. The New Mexico battalion went to Whipple Barracks, where it was joined by the Arizona contingent, and two months later proceeded to Camp Hamil- ton, Lexington, Kentucky, where the regiment was completed by the arrival of the Volunteers from Oklahoma and Indian Territory. Thence they were ordered to Camp Churchman, Albany, Georgia, where the fortunes of war caused them to remain until finally mustered out in February, 1899. The regiment was made up entirely of western men, and from every trade and profession. Each company enlisted up to 140 and 150 men, and by selection was brought down to the required number.
Company E of this regiment was mustered in at Albuquerque, July 8, 1898, its officers being: Captain, John Borradaile; Ist lieutenant, L. H. Chamberlain ; 2d lieutenant, L. A. McRae; Ist sergeant, A. H. Norton ; quartermaster sergeant, John Munn.
Company F was mustered in at Las Vegas July 8, 1898. Officers : Captain, W. C. Reid; Ist leutenant, W. O. Morrison; 2d lieutenant, A. Luntzel; Ist sergeant, E. Sporleder ; quartermaster sergeant, G. C. Palmer.
Company G, mustered in at Santa Fé July 13, 1898, had the following officers : Captain, William Stover; Ist lieutenant, Page B. Otero; 2d lieu- tenant, J. P. S. Mennett ; Ist sergeant, D. Pearce ; quartermaster sergeant, T. F. Kyle.
Company H, mustered in at Las Cruces, July 17th, was officered : Cap- tain, A. B. Fall; Ist lieutenant, T. W. Catron : 2d lieutenant, N. E. Bailey ; Ist sergeant, John G. Bagley; quartermaster sergeant, Llewellyn A. Her- ring.
Major W. H. H. Llewellyn, United States attorney for New Mexico, was born in Wisconsin in 1851 and is of Welsh ancestry. He was edu- cated in the common schools of Monroe, Green County, Wisconsin, and took up the study of law in Omaha, Nebraska, under the direction of the firm of O'Brien & Baldwin, while later he continued his reading with Judge Briggs as his preceptor. In 1866, when but fifteen years of age, he went to Montana and engaged in prospecting for gold for seven years. Later he was variously employed in other western states and territories. He
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came to New Mexico in 1881 as agent for the Mescalero Apache Indians and the following year was agent for the Jicarilla Apaches, whom he re- moved to the Mescalero reservation in 1883. He served altogether as In- dian agent for five years. In 1885 he removed to Las Cruces and the fol- lowing year was admitted to the bar in that place. Subsequently he was admitted to practice in the supreme court of the territory of New Mexico and in the supreme court of the United States. Following his admission to the bar at Las Cruces he became a law partner of Colonel W. L. Ryner- son and E. C. Wade. He was territorial and prosecuting district-attorney for the five southern counties of New Mexico for five years, immediately prior to January, 1906, at which date he was appointed United States dis- trict attorney for the territory of New Mexico and has acted in that capacity since February, 1906.
Mr. Llewellyn is a stalwart Republican and socially is a Mason, Odd Fellow and Elk. He has a most creditable military record in connection with the First Regiment of United States Volunteer Cavalry. He went into service with that regiment as captain of troop G, and when the regiment sailed from Tampa, Florida, on the Shafter expedition for Cuba, Lieutenant- Colonel Roosevelt accompanied the regiment with the above rank and as acting major in command of the second squadron. When the lieutenant- colonel was promoted to colonel, Mr. Llewellyn succeeded him (Colonel Roosevelt) with the rank of major in command of the second squadron, receiving his promotion from Roosevelt and holding that rank until the regiment returned to Montauk Point, Long Island. It was after the sur- render that he was sent into the city by Colonel Roosevelt, where he con- tracted yellow fever. When the regiment was mustered out he was honor- ably discharged with an endorsement upon his discharge written by Colonel Roosevelt, as follows :
BATTLES AND ENGAGEMENTS.
Las Guasimas, San Juan Hills and the fighting in and about Santiago de Cuba. Commanded his troop, leading same in all of the charges in person. An excellent soldier. Both in duty and fighting.
(Signed) THEODORE ROOSEVELT.
His appointment as major was conferred by general order No. 87, issued by General Bates, U. S. A.
Major Llewellyn's son Morgan is surveyor-general of New Mexico, and has held the position for the past six years. He also served under Col- onel Roosevelt in the Spanish war.
Major Llewellyn held the position of judge advocate general of the national guard under Governor Otero of New Mexico, and upon Governor Hagerman becoming governor in 1906, he appointed him to the same position with the rank of colonel.
Major Frederick Muller. who since December 26, 1901, has filled the position of receiver of the United States land office at Santa Fé, was born in Würtemburg, Germany, in 1863, but has made his home in the United States since 1879. In 1882 he enlisted in the Sixth United States Cavalry, with which he served in New Mexico and Arizona for five years, partici- pating in the first campaign against the Apache Indians. I 1888 he located in Santa Fé and engaged in merchandising. He served two terms as a member of the board of education of that city, and in 1896 was elected the
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treasurer and collector of Santa Fé county as the nominee of the Republican party, while in 1900 he was re-elected. Since December, 1901, he has oc- cupied his present position continuously, having been reappointed thereto in December, 1905.
During the early days of Governor Otero's first administration the lat- ter commissioned him major in the New Mexico National Guard. Upon the outbreak of the Spanish-American war he received from the governor a commission as captain of Troop E of the Rough Riders under date of April 25, 1898, and served with distinction throughout the campaign of that famous regiment in Cuba. Upon the recommendation of the proper authorities in the United States army he was brevetted major in 1899 for meritorious service in the Cuban campaign. It is a fact worthy of note that upon the occasion of his recommendation for the office of treasurer of Santa Fé county, the Democratic party refused to nominate a candidate to contest the honor with him. He is regarded as one of the most painstak- ing public officials in New Mexico.
Etiennede de Pelissier Bujac, a member of the Carlsbad bar, was born in Maryland and was reared and educated in Houston, Texas. He pursued his professional course in Cumberland University at Lebanon, Tennessee, from which he was graduated in the class of 1896. He located for the practice of law at Houston, Texas, and while there joined the First Infantry of United States Volunteers as captain of Company H, serving under Gen- eral Shafter in the Spanish-American war. He afterward enlisted as a private of the Thirty-third Infantry United States Volunteers and was promoted at the battle of San Jacinto to the office of second lieutenant, while upon his return from the Philippines he was commissioned first lieu- tenant. Resigned the army in 1901 to practice his profession.
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HISTORY OF THE STATEHOOD MOVEMENT
The movement to form a state government in 1850 failed of official recognition, and with the passage of the organic act of September 9, 1850, the agitation for statehood was quieted and the immediate needs of the territory were provided for. But with the influx of settlers, the develop- ment of the Territory's material and industrial resources, and the growing dignity and importance of her citizenship and affairs, the statehood move- ment has been revived from time to time, and will never stop until its es- sential objects are attained.
The movement may be said to have begun in 1861. Since that time resolutions of the legislature, statehood conventions, memorials of various bodies, and newspaper and individual agitation of the question have been frequent. During the later sixties efforts were made to secure the admis- sion of the territory under the name of "Lincoln."
By an act of the legislature, approved February 3, 1870, it was pro- vided that the question of the adoption of a state constitution and the election of state officers be submitted to a vote of the people of the Terri- tory on the first Monday of October following. The legislature also adopted a joint resolution providing for the drafting of a proposed con- stitution, in the preamble to which it was recited that "the sufferings of the people of the Territory of New Mexico have no bounds," and that "whilst we remain as a territorial government, under the pupilage, and entirely dependent upon the patronage of the general government, our sufferings will be the same as we have heretofore experienced."
On February 1, 1872, the governor signed another bill providing for submitting the state constitution drawn up at a previous convention, to a popular vote on the first Monday in June following. It was further pro- vided that should the vote be in favor of the constitution a general election should be held on the first Monday in July for the election of state officers. But the vote was not received in time to be legally counted before the period expired, and this movement came to naught.
In 1875 both New Mexico and Colorado were making a desperate fight in Congress for statehood rights, Stephen B. Elkins representing this Territory as delegate. During a speech on the "force bill" by Julius Caesar Burrows of Michigan, then a member of Congress, Mr. Elkins came out of the House cloak-room after Mr. Burrows had finished his speech and, not knowing the subject under discussion, rushed up to the latter and shook his hand heartily, congratulating him on his great speech. Mr. Elkins had secured the promise of the votes of seventeen representa- tives from the southern states to take his bill from the table, after con- ference, to pass it; it was understood that Colorado would not come into the Union, but that New Mexico would. The gentlemen who had agreed to vote for Elkins' bill, seeing him shake Burrows' hand, gnashed their
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teeth in anger, and said: "If those are your sentiments, you will not have our votes to bring New Mexico into the Union."
Thus was all hope for the passage of the enabling act killed, at a time when sentiment in favor of statehood rights for this Territory was increasing, and before the "special interests" had become so varied and important as in later years.
A legislative memorial to Congress in 1876, asking the admission of New Mexico as a state, began by citing guarantees of the treaty of Guada- lupe Hidalgo, and asserted that "at every session of the Congress of the United States since the organization of New Mexico as a territory, her citizens * + have asked and sought admission as a state into the Union; that they have patiently and without complaint watched the action of the government in admitting into the Union several other territories as states, with much less population, and still less to recommend them than the Territory of New Mexico has been able to present. Your memorialists are confident that New Mexico possesses more than the requisite population, with abundant means and resources to entitle her to admission as a state; * * that during the last five years, since the taking of the last census, owing to the fact that peace from Indian hostilities has reigned in New Mexico, her population has been increased more than fifty per cent, and her material wealth advanced three-fold; her lands are fast being ex- plored and occupied by the very best of citizens from all portions of the Union and Europe, which is fast transforming her from a wilderness into a garden."
The memorial concluded with a protest against further discrimination against New Mexico and urged that the Territory be admitted as a sov- ereign state.
A bill was introduced in the house February 24, 1888, by Representa- tive W. M. Springer of Illinois, providing for the admission to statehood of the territories of Dakota, Montana, Washington and New Mexico. The bill provided for an election of delegates to a constitutional convention to assemble at Santa Fé on the first Tuesday in September, 1888, the con- stitution then prepared to be submitted to a vote of the people at the regular election in November following. All the state officers and a representative in Congress were to be elected on the same day. The bill authorized the election of seventy-five delegates to the convention, the Territory to be divided into twenty-five districts, with three delegates to each district. The bill made a liberal appropriation of public lands to the Territory, granting sections 16 and 36 of each township for the support of the common schools, fifty sections for the erection of public buildings, ninety sections for agricultural colleges, seventy-two sections for the es- tablishment of a state university, two hundred and fifty thousand acres for the establishment of permanent water reservoirs for irrigation pur- poses, and fifty thousand acres each for an insane asylum, normal schools, and reform school. It also provided that the convention should submit to the people the proposition to change the name of the new state to Monte- zuma.
Strange to say, scarcely any mention of the bill, pro or con, is to be found in the newspapers of that time. Springer introduced the same bill in the next session of Congress and made a strong fight on it.
Soon after the convening of the twenty-eighth legislative assembly,
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in January, 1889, the contest for statehood, which had been waged continu- ally in Congress since 1850, was renewed with great vigor.
George W. Prichard, member of the council from San Miguel county, introduced a bill making provision for the holding of a constitutional con- vention, and this bill became a law without the signature of Governor Ross under the statute of limitation. The law called a delegate convention at Santa Fé September 3, 1889, "for the purpose of framing a constitution republican in form, and performing all other things essential and requisite for the Territory's admission into the Union as a state. It provided that the convention should be composed of seventy-three delegates, apportioned among the several counties as follows: Bernalillo, ten delegates; Colfax, four ; Doña Ana, three; Grant, three ; Lincoln, three; Mora, four; Rio Ar- riba, six; San Miguel, twelve; Santa Fé, six; San Juan, two; Sierra, two; Socorro, six : Taos, six; Valencia, six.
Any new county organized sixty days before the election of dele- gates was entitled to one delegate. The law further provided that, "After a constitution shall have been adopted by the said convention, it shall provide by ordinance for a special election by the people of the Territory, at which election the constitution so adopted by the convention shall be submitted to the people for ratification, and at which election all of the state officers provided for in the constitution, as well as members of Con- gress aud members of the legislature, shall be chosen, but the name of the proposed state shall be New Mexico."
The convention was in session from September 3 to 21, and adopted a constitution, but Congress did not act upon the proposal in accordance with the manifest desire of the people of the Territory. This constitution was framed by Bernard S. Rodey, member of the council for Bernalillo county, and formed the ground work of the proposed constitution which was submitted to the Fifty-ninth Congress during the memorable state contest of 1905 and 1906. Among the provisions in its "Bill of Rights" were the following :
No person holding office under the state should accept any office, title, emolument or present from any king, prince or foreign state. There should be no imprisonment for debt, except in case of fraud. All lotteries or sale of lottery tickets were prohibited. Bigamy and polygamy were forever prohibited. No officer or person authorized to appoint any person to office any person related to him by blood or marriage within the fourth degree of consanguinity, according to the civil law rule of computation. Householders were exempted from levy and forced sale in residence prop- erty to the value of not less than twenty-five hundred dollars.
The constitution further provided for a legislature consisting of a senate of twenty-four members and a house of representatives of forty-six members, unless otherwise fixed by law, the senators to be elected for four years and the representatives for two years. Members of the legislature were prohibited from holding any other civil office. During the term for which he was elected and for one year thereafter every member was for- bidden to become interested in any contract with the state or any county authorized by any law passed during such term. A great variety of "spe- cial" legislation was forbidden.
The executive department was vested in a governor, lieutenant gov- ernor, secretary of state, auditor of public accounts, state treasurer, at-
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torney-general and superintendent of public instruction, all to be elected by popular vote. The judicial department was vested in a supreme court, district courts, probate courts, justices of the peace and such inferior courts as the legislature might establish. Supreme court justices were to be appointed by the governor, with the consent of the senate. Twelve months' residence in the state was necessary to the exercise of the elective franchise. Provision was made for the establishment of a common school system, but no reference was made to the elimination of instruction in the Spanish language in the schools. Provision was made for the imposition of a tax upon incomes in excess of two thousand dollars a year; and a poll tax not exceeding one dollar, for the support of the public schools. The provisions regarding regulation of corporations were very stringent. One section declared: "No railroad, telegraph, express or other corpora- tion, or the lessees or managers thereof, shall consolidate its stock, prop- erty or franchise with any other * * corporation owning or having under its control a parallel or competing line."
Article XVIII, New Mexico's "Compact with the United States," contained these declarations and promises :
Section I. The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the supreme law of the land.
Sec. 2. The legal debts and liabilities of the Territory of New Mexico shall be assumed and paid by this state.
Sec. 3. Perfect toleration of religious sentiment shall be secured, and no inhab- itant of this state shall ever be molested in person or property on account of his or her mode of religious worship. nor shall any preference be given by law to any religious establishment. No religious test shall be required for any office or for any vote at any election ; nor shall any person be incompetent to testify on account of his or her opinions on matters of religious belief, nor be questioned in any court touch- ing such opinions so as to affect the weight of his or her testimony.
Sec. 4. The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and the lands lying within said limits owned by or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; that the lands or other property belong- ing to citizens of the United States residing within the state shall never be taxed at a higher rate than the lands or other property belonging to residents thereof; that no taxes shall be imposed by the state on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use. But nothing herein shall preclude the state from taxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person or source a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus taxed from taxation; but all such lands shall be exempt from taxa- tion by this state so long and to such extent as such act of Congress may prescribe.
Sec. 5. Provision shall be made for the establishment of a system of public schools, which shall be open to all the children of this state, and free from sectarian control, and no other or different schools shall receive any aid or support from the public treasury.
Sec. 6. The ordinances and provisions in this article contained are hereby de- clared to be irrevocable without the consent of the United States and the people of this state.
The contest for statehood for New Mexico was renewed with great vigor in the Fifty-seventh Congress and again in the Fifty-eighth Con- gress under the leadership of Bernard S. Rodey, delegate from New
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