CHAPTER VI. THE FIRST TERRITORIAL LEGISLATURE (Continued).


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HOWELL CODE—FIGHT OVER LOCATION OF CAPITAL—REPORT ON NAVIGATION OF COLORADO RIVER—RESOLUTIONS INSTRUCTING DELEGATE POSTON TO SECURE FROM CONGRESS ARMS AND MAIL ROUTES FOR ARIZONA—APPROPRIATIONS FOR SCHOOLS—ONLY MEASURE VETOED BY GOVERNOR GOODWIN—GOVERNOR GOODWIN'S FAREWELL MESSAGE TO THE LEGISLATURE—FAREWELL SPEECH OF W. CLAUDE JONES, SPEAKER—RéSUMé OF ACTS PASSED—SEAL OF TERRITORY—APPROPRIATION BILL—MEMORIALS TO CONGRESS.

The first act passed by the Legislature, and approved October 1st, empowered the Governor to appoint a commissioner to prepare and report a code of laws for the use and consideration of the Legislature of the Territory. In accordance with this act Judge William T. Howell was appointed such commissioner, and submitted what is known as the “Howell Code,” to the Legislature on October 3rd, and this code, after much debate and some amendments, was adopted as the code of laws for the Territory of Arizona, and remained as such until the laws of the territory were codified in the session of the Legislature of 1877, thirteen years afterwards.

Jose M. Redondo, who was elected to the Council from the Second District, resigned his position on the 10th day of October on the ground that he was ineligible to the office at the time of his election. The vacancy caused by his resignation


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was not filled. Afterwards Mr. Redondo perfected his citizenship and became one of the permanent citizens of what is now Yuma, where many of his descendants still live.

On October 16th, Henry D. Jackson, a member of the lower house, died in Prescott, and the Council and the House adjourned on the 17th in order to attend the funeral.

The location of the Capital of Arizona having been made by the Governor, could, of course, be changed by the Legislature, and this was attempted by amending House Bill No. 56, locating the Capital at Prescott, Which was up for consideration in the House on the 24th of October, when “Mr. Hopkins moved to amend by striking out the word ‘Prescott,’ and the words ‘situated on the east bank of Granite Creek’ and the words which follow thereafter, and which refer exclusively to the city of Prescott, in section 1, and insert instead ‘La Paz,’ and thereupon the yeas and nays were demanded, with the following results: Yeas—ppel, Capron, Elias, Harte, Higgins, Hopikins, Stickney and Mr. Speaker—8. nays—Bouchet, Bidwell, Boggs, Garvin, Gills, Holady, McCrackin, Tuttle and Walter—9. o the amendment was lost.

‘‘

“Mr. Tuttle in the chair.

“M. Speaker moved to amend by striking out in the first section the words ‘Prescott, situated on the east bank of Granite Creek, about one mile above and in a southwesterly direction from the present location of the United States military post, known as Fort Whipple, in said Territory of Arizona,’ and insert instead ‘Walnut Grove, on the Lower Hassayampa, in the Thir District of said Territory,’ upon which the yeas and nays


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were demanded, and had with the following resuit: Yeas—Appel, Capron, Elias, Harte, Higgins, Hopkins, Stickney and Mr. Speaker—8. Nays—Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Tuttle and Walter—9. So the amendment was lost.

“Mr. Speaker moved to amend by striking out all of the first section after and including the word ‘Prescott,’ and insert ‘at a point within ten miles of the junction of the Rio Verde with the Rio Salado, in the Third District in said Territory, the location of said permanent seat of government to be fixed by the Governor of said Territory, and two commissioners, to be appointed by the present Legislature, at a point not more than ten miles from the junction of said streams, and that said permanent seat of government shall be called Aztlan,‘ upon which the yeas and nays were demanded, and had with the following result: Yeas—Appel, Capron, Elias, Harte, Higgins, Hopkins, and Mr. Speaker—7. Nays—Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Stickney, Tuttle and Walter—10. So the amendment was lost.”

’’

This was the commencement of the fight to remove the capital from Prescott, which Will be shown as this history progresses to have been a bone of contention for many years thereafter, in fact, until it was permanently located at Phoenix.

On the 25th day of October, a select committee of five in the council, to whom was referred that portion of the Governor's message relative to the Colorado River, made the following report:

‘‘

“The Colorado River is navigable at all stages of water to El Dorado Canyon (a distance from


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its mouth of about five hundred miles), for steamers of a draught not exceeding twenty-five inches; and at a medium stage of water, boats have run up to Black Canyon. Owing to the sandy and changeable nature of the channel and banks of the river below Fort Mojave, it is the opinion of your committee that but little good can be done by the expenditure of money for improvements upon the same, as they must be temporary in their character. A small amount of money, however, can be advantageously expended in removing snags and other obstructions out of the channel below Fort Mojave. Above that point the general character of the river changes in many places; large boulders render the navigation difficult and dangerous at all times, and it is of the greatest importance that these obstructions should at once be removed, as there is sufficient water at all seasons for such boats as run on the lower river. The expedition sent out by General Connor, commanding the Department of Utah, the past summer, to open a wagon road from Great Salt Lake City to Fort Mojave, reported that a good wagon road exists from Great Salt Lake City to the mouth of the Rio Virgin. Could the Colorado be made navigable to the junction of the Virgin, which is only three hundred and fifty miles from Great Salt Lake City, the citizens of Utah and of the Northern portion of this Territory, could obtain their supplies and ship their produce and ores at a reduction of one hundred per cent, from the present rates of transportation. Your committee would recommend that the Congress of the United States be memorialized for an appropriation of one hundred and fifty thousand dollars to


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be expended as follows: Fifty thousand dollars to be expended on the river between Fort Mojave and Fort Yuma; also one hundred thousand to be expended in improving the river about Fort Mojave. There are at present steamers plying upon the Colorado River, carrying freight and passengers, and Connecting with San Francisco by sail vessels from the mouth of the river, and to make the extent of the traffic and the necessity of improving the navigation of the Colorado River known, we herewith submit a statement of the capacity and tonnage of the boats now plying and in process of construction for the river trade. The Colorado Steam Navigation Company, incorporated in San Francisco, capital stock five hundred thousand dollars, have the following boats: The steamer Colorado, 60 tons burthen; Mojave, 100 tons burthen; Cocopah, 40 tons burthen, and several barges capable of carrying one hundred tons each, Their place of business and office is at Fort Yuma in the State of California. The Arizona and Miners Steam Navigation Company have one steamer, the Esmeralda, now plying on the river with two barges. The Esmeralda is fifty tons burthen, and capable of towing a barge of 100 tons. There is another steamer building at the mouth of the river for the same company, which is a joint stock company, with no incorporation, place of business not known to the committee. The Philadelphia Mining Company have a steamer on the river called the Mina Tilden, and another one in course of construction in San Francisco. Their mines are situated on the California side of the Colorado River, and their place of business unknown to the committee. In view of the amount of capital


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invested in steam boats plying on the Colorado River, and the extent of country, the number of people, the vast amount of mining and other interests depending upon the navigable condition of the river, and the fact that this trade will be entirely for the benefit of Arizona, and the cornerstone upon which her speedy and permanent development rests, your committee would further suggest that the importance of this question calls upon you for prompt and immediate action. It will give an impetus to trade, increase the value of our mines, and prove to the people abroad that we have faith in our resources, and are eager to develop them.”

’’

The Council, on October 26th, considered House Joint Resolution No. 5, which is as follows:

‘‘

“Resolved by the Legislative Assembly of the Territory of Arizona:

“1. That the Honorable Charles D. Poston, our delegate to the Congress of the United States, be instructed and requested to use every effort in his power to procure from the general government five hundred stand of Springfield rifled muskets, calibre 58, of the latest improved quality, with their equipments and fixed ammunition, sufficient for the purpose of arming and equipping a battalion of Arizona rangers, for active service against the Apaches and other hostile Indian tribes in this Territory.

“2. That he be instructed and requested to procure the establishment of the following mail routes, with weekly postal service on each: 1st. From Mesilla, via Tucson, Casa Bianca and Agua Caliente, to La Paz, in coaches. 2d. From Tucson, via Tubac, to Patagonia Mines. 3d.


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From Tubac, via Cerro Colorado, Fresnal and Cababi, to Tucson. 4th. From Casa Bianca, via Weaver, Walnut Grove and Upper Hassayampa, to Prescott. 5th. From Prescott to La Paz, in coaches. 6th. From La Paz via Williamsport, Castle Dome City, Laguna, and Arizona City, to Fort Yuma. 7th. From La Paz to Los Angeles, in coaches. 8th. From Prescott to Mohave City, in coaches. 9th. From Mohave City to Los Angeles, via San Bernardino, in coaches. 10th. From Mohave City, via Aubry, to La Paz. 11th. From Mohave City, via Santa Clara, to Fillmore City, in the Territory of Utah. 12th. From Albuquerque, New Mexico, to Prescott, in coaches.

“3. That a copy of these instructions be forwarded immediately to the Honorable Charles D. Poston, by the Secretary of the Territory.”

’’

This joint resolution was finally passed on November 7, 1864.

On October 27, Mr. Hopkins, chairman of the Joint Committee on Education, made the following report:

‘‘

“The Joint Committee on EduCation report, that after a mature consideration, they have decided that it would be premature to establish, or to attempt any regular system of common or district schools. At present the Territory is too sparsely settled, and the necessary offleers for such an establishment, would be more costly than the education of the children would warrant.

“In lieu of such system, and for a foundation of Territorial Schools, your committee earnestly recommend that an appropriation be made and given to these towns, where the number of children warrant the establishment of schools.


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“At the Mission of San Xavier del Bac, Padre Messaya has, at great trouble and expense to himself, educated all children free of charge. His pupils are Mexican and Papago; he has been sadly impeded in his efforts by want of suitable school books.

“A donation as suggested by his Excellency, the Governor, in his late message, would be but a fitting compliment to the first school opened in Arizona.

“In Tucson there were three primary schools during part of last year. There are over two hundred children in this town that should be attending school. At La Paz there was one of the above class.

“Your committee recommend that a donation be made to the Mission School at San Xavier del Bac of $250. To Prescott, Mohave, and La Paz, each town, $250. To Tucson $500, provided the English language forms a part of the instruction of such School.

“The above appropriations to towns to be null and void, unless said towns, by taxation or individual enterprise, furnish an equal sum to the support of such public school.”

’’

The only measure the Governor failed to approve, which was submitted to him by the First Legislative Assembly, was a Memorial addressed to the Secretary of War, and the veto of the same, if veto it can be called, was as follows:

‘‘

“Territory of Arizona, Office of the Governor,

“Prescott, November 9th, 1864.

“Honorable W. Claude Jones, Speaker of the House of Representatives.

“Sir:—A Memorial passed by the Legislative Assembly, addressed to the Secretary of War


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of the United States, asking that Arizona be placed in the Military Department of the Pacific, has been Submitted to me for approval.

“I have examined it with care, and regret that I am unable to concur with the Legislative Assembly, either as to the correctness of the facts therein stated, or the conclusions drawn therefrom. The Memorial makes two distinct requests.

“First. That Arizona be transferred to the Military Department of the Pacific.

“One reason urged for the change is, that our communication with Headquarters would be facilitated thereby. The Military Express from Fort Whipple via Fort Wingate can be, and is, carried to Santa Fe in less time than it can be taken from the same point to San Francisco, by Fort Mojave or La Paz, and for an obvious reason—the distance is less.

“The same proposition is true of Tubac.

“A further consideration presented is, that the military posts can be supplied more economically and with greater facility from California, Ordinarily, when the currency is not depreciated, this may be true. But, at the present time, supplies cannot be obtained as cheaply in California, when their price, and the cost of their transportation must be paid in gold, as they can in New Mexico, where the currency is the government paper. Supplies can be furnished with facility from either point by competent commissaries and quartermasters.

“It is also said that our transfer to the Department of the Pacific will secure ‘Unity of Action.’ I do not understand what is meant by this phrase. I have never heard that there was a want of unity


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of action on the part of the military forces in this Territory, nor do I comprehend how a change of departments could remedy the evil if it existed. If the whole Territory were made a separate military district, unity of action would undoubtedly be secured, and this can be done in whatever department we may be.

“Finally, the failure, as it is termed, of the last campaign against the ‘Hostile Apaches,’ is presented as a further argument. The principal cause of that failure is attributed to the fact that it was undertaken without the cooperation of the posts on the Colorado River. I know of no post on the river that could have taken part in the campaign. Fort Mojave, the nearest post on the river to the scene of operations, is 160 miles from Prescott, and not within one hundred as is stated in the Memorial. The distance of these posts from the hostile Indian country is so great that their garrisons could not be employed to advantage.

“The principal causes of the failure of that campaign to accomplish its purposes, were ignorance of the country, and the lack of competent guides. Time and experience will furnish these.

“The second part of the Memorial asks that a free and uninterrupted transit to the Gulf of California, be secured from Mexico.

“I fully concur with the Legislative Assembly in the importance and utility of this request, but I do not see how the result can be attained by memorializing the Secretary of War on a subject with which his department has no concern.


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“For the reasons stated above, I shall withhold my signature from the Memorial.

“But, unless otherwise requested, I will transmir the Memorial to the Secretary of War, as expressing the views of the Legislative Assembly on the subjects therein contained.

“JOHN N. GOODWIN.”

’’

With the exception of the one item immediately preceding, the feeling between the Legislative and the Executive Departments was one of perfect harmony, and to show this I quote Governor Goodwin's farewell message to the Legislature:

‘‘

“Territory of Arizona, Office of the Governor.

“Prescott, November 9th, 1864.

“To the Legislative Council:

“Gentlemen:—In reply to a Message from the Legislative Assembly, inquiring whether I have any further communication to make, it gives me pleasure to inform you that all business requiring your attention has been submitted to you, and I have only to express my full appreciation of the diligence and wisdom with which your labors have been prosecuted, and of their great value to the Territory.

“The task before you was indeed one of no ordinary difficulty. Since its acquisition by the United States, the Territory has been almost without law or government. The laws and customs of Spain and Mexico had been clashing with the statute and common law of the United States, and questions of public and private interest had arisen, which demanded careful but decided action. These questions have been met and satisfactorily settled. No portion of the


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Territory has been overlooked and no interest of its people has been neglected. In addition to the ordinary business of the session, a complete code of laws has been adopted; one which will meet all the wants of our young commonwealth, and will compare favorably with the statutes of the older States. You have been in session forty-three days, and a greater amount of labor was never performed by a legislative body in the same time.

“I congratulate you on the harmony and good feeling which have characterized your deliberations. At a time when political feelings are strongly excited, you have suffered no party differences to distract your proceedings and divert your attention from the important work before you. You can now separate with the consciousness that your duties are performed.

“I wish you a safe return to your constituents, who, I doubt not, will fully appreciate your labors, and I thank you, one and all, for your uniform kindness to me and for the many tokens of your confidence and esteem.

“JOHN N. GOODWIN.”

’’

This communication was also sent to the House of Representatives, and there read.

The following resolution was introduced in the House, and unanimously adopted:

‘‘

“Resolved, That the thanks of the members of the House of Representatives be and are hereby tendered to the Honorable W. Claude Jones, for the able, efficient and impartial manner in which he has discharged the arduous duties of Speaker of the House during the present session.”

’’


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After the adopting of this resolution, the Speaker arose and said:

‘‘

“Gentlemen of the House of Representatives:

“It is with the deepest emotion that I thank you for the approval of my official action as Speaker of the House of Representatives during the present session as expressed in the resolution just adopted.

“In the discharge of my duties I have pursued but one rule of action—and that Was to do what my conscience told me was right under the circumstances, faithfully, impartially, and with an eye single to the good of the whole country. I have had no political hopes, and no ambitious views to gratify. I have known no local divisions—no factions—no political parties. I have labored daily and nightly for the best interests of that Territory in which I have cast my lot, and in which is my home; and I gratefully acknowledge your co-operation with me in all that could advance the general welfare and best interests of the country.

“You have been orderly, sober, active and industrious, and your deliberations have been directed with an enlightenment of intelligence. You have gone with an energy and with a will into the business of the Legislature. You have worked unceasingly, and with great and good results. You have enacted a code of laws for the government of the Territory, equal, if not superior, to any code in the States of the Union. You have accomplished what no other Territorial Legislature has done before you.

“Your counties have been named so as to perpetuate the historic aboriginal names of the


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country. You have a well digested code of mining laws, that secures and fixes upon a firm basis the rights of the miner. You have laid the foundation of a system of education by establishing a university and a library. You have established a historical society to preserve the relics and paint the wonders of the past as well as the events of the mighty present, teeming with history. You have laid broad and deep the foundations of civil and religious liberty, and have every earnest that the Territory is on the high road to develop her great and manifold resources. For this you have labored with indefatigable industry. May your efforts be crowned with the fullest success.

“Without Legislative experience when you arrived in this capital, you have conducted your business with the order and system of the sages of a senate. It will be with me one of the proudest recollections of my life that no offer has ever been made to take an appeal from any of my decisions during the session, but they have been acquiesced in with the magnanimity and harmony that have ever characterized your deliberation. I owe much to your gentlemanly courtesy and kind forbearance.

“Gentlemen, the time has arrived when we are about to separate—perhaps never to meet again. My prayers for your prosperity go with you. The recollections of my associations with you here will linger as the brightest and greenest spot in the clouded vista of the past. I cherish the kindest feelings, the warmest sympathies of my heart, for each and all of you, and wherever you may go, wherever your lot may be cast, whatever may betide, my fondest recollections


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will cling around each and all of you, and I entertain the hope that by you I will not be forgotten.

“To the. Chief Clerk and the officers of the House, I also return my thanks for the efficiency with which they have performed their duties.

“With the highest and best wishes for your welfare I bid you a kind farewell.

“Gentlemen, the hour of 12 m. has arrived, I now declare this House adjourned sine die.”

’’

In very few subsequent Legislatures in Arizona did the same spirit of amity and mutual respect prevail. It was not long before personal interest and political ambitions made their appearance in the Legislative halls of the Territory to disturb, and sometimes to arrest, good legislation.

As before stated, the first act approved by the Governor was the one authorizing him to appoint a commissioner to prepare and report a code of laws for the use and consideration of the Legislature of the Territory, in accordance with which a code prepared by Judge Howell was presented, considered, amended and passed, which was the code of laws of the Territory for many years thereafter.

The second act was one divorcing John G. Capron, a member of the House of Representatives from the First Judicial District from one Sarah Rosser of the same District, and the fourth act was one divorcing Elliott Coues from Sarah A. Richardson. Elliott Coues was a post surgeon at Whipple at the time the divorce was granted, and afterwards published “On the Trail of a Spanish Pioneer, Garces Diary,” one


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of the standard Works in reference to the Spanish missionaries of the West.

The third act, entitled: “An Act Declaring Certain Routes as a Country Road in the Territory of Arizona,” is one which will be interesting to all Arizonans. Section one provided that the road or route known as the Woolsey trail, beginning at the town of Prescott, thence continuing in a northeasterly direction a distance of twenty-five miles to the Agua Frio Ranch; from thence continuing in a southerly course to Big Bug Creek; from thence down said stream in a southeasterly course to Slate Creek; thence southerly to Black Cation or the new mines; thence continuing southerly to Bird Springs, and thence to Casa Blanca or Pima Villages—should be declared by the passage of the act a country road, free for all intents and purposes therein required.

Several acts were passed incorporating toil roads in different parts of the Territory, some of which were built. The rates which they were allowed to charge would be considered, in our day, excessive, particularly where a road was built over ground that required very little work to make it passable for teams. One of these roads, “The Tucson, Poso Verde and Libertad Road Company,” was incorporated by an act of the Legislature, and the incorporators were given the exclusive privilege and power to construct and build a toll-road from the town of Tucson to the nearest and most convenient point in the direction of the port of Libertad on the Sonora line, and also a branch toll-road from Tucson, Cababi and Fresnal, to intersect the line of said main road at a point desirable, and also


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from the San Antonio, Mowry Silver Mine, and the Esperanza Mine, via Tubac, to Sopori on the line of said main road, passing almost entirely over the plain. Section 2 of the act provided, among other things, that the company was to construct bridges and grade said road, if they think proper, and to dig wells at practicable points, and to keep and maintain facilities for furnishing water to men and animals passing on said roads, and to do all other things necessary to complete said roads and make the same safe and passable at all times; and may construct and maintain one or more toll-gates, and may receive and collect toll or passage money in the sums not exceeding the following rates, to wit: For each wagon drawn by two horses, mules, or horned cattle, four cents per mile. For each additional span of horses or horned cattle, one cent per mile. For each carriage or cart drawn by one horse, mule, or ox, three cents per mile. For each horse or other animal and rider, two cents per mile. For each pack-animal, horse, mule, or ass, or horned cattle, one and one-half cents per mile. For every goat, sheep, hog, or loose stock in droves, one-quarter of a cent per mile; it being understood that no foot traveller shall pay toll, and that said company shall permit travellers to take water from any wells dug by them on the line of said road, sufficient for the use of said travellers and their animals while passing over said road or making the usual necessary stops thereon, without charge therefor. The above rates of toll shall only be collected over such roads as the company shall find it necessary to construct, and when wells are dug on the old portions of said roads, and which it shall not be necessary


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for the company to construct anew, they shall have the right to collect three cents per head for the use of all animals using the game on said roads.”

The Santa Maria Wagon Road Company was also incorporated by the Legislature and was authorized and allowed the privileges to “construct and bund a toll-road from such point on the Colorado River near the mouth of Williams' Fork, as they may deem most convenient, by such route as they may find and consider most favorable, in the general direction of the Lount and Noyes road, so called, to the town of Prescott in said Territory, with the right to construct bridges and grade said road, if they think proper, and to keep and maintain facilities for furnishing water to men and animals passing over said road, and make the same safe and passable at all times, and may construct and maintain one or more toll-gates, and may receive and collect toll or passage money in sums not exceeding the following rates, to wit: For each wagon drawn by two horses, mules, or horned cattle, four cents per mile; for each additional span of horses, mules, or horned cattle, one and one-half cents per mile. For each carriage or cart drawn by one horse, mule, or ox, three and one-half cents per mile. For each jack, animal, horse, mule, or ass, or horned cattle, one and one-half cents per mile. For each horse or other animal and rider, two and one-half cents per mile. For every sheep, hog, or goat, one-eighth of one cent per mile. It being understood that no foot traveller shall pay toll and that said company shall permit travellers with their animals to take from any wells or watering-places on the line of


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said road water sufficient for the use of said travellers and their animals while passing over said road, or making the usual and necessary stops or camps thereon, without charge therefor.”

All toll roads throughout the Territory were permitted to charge like exorbitant rates.

There was also an exclusive right granted to William D. Bradshaw and his associates to maintain and keep a Ferry across the Colorado River at La Paz. Section 2 of the act granting such right provided that “So long, not exceeding twenty years, as the said William D. Bradshaw, or his associates or successors, shall maintain and operate a good, safe and sufficient ferry between the points aforesaid, they shall be authorized to charge, demand and collect the following rates of toll, viz.:

‘‘

“For a wagon and two animals, four dollars; for every additional two, one dollar;

“For every carriage with one animal, three dollars;

“For every beast of burden, one dollar;

“For every horse or mule with its rider, one dollar;

“For every footman, fifty cents;

“For every head of loose cattle, horses, mules or jacks, fifty cents;

“For every hog, sheep, or goat, twenty-five cents.”

’’

The Arizona Historical Society was incorporated at this session, concerning which more Will appear hereafter.

The recommendation of the Joint Committee on Education was accepted and an Act was passed appropriating $250 to the mission school


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at San Xavier del Bac, for the purpose of purchasing books of instruction, stationery, and furniture, and there was also appropriated for the benefit of public schools in the towns of Prescott, La Paz and Mohave, to each of said towns the sum of $250, but these last appropriations were dependent upon the appropriation by each town of an equal amount. The sum of $500 was appropriated for the benefit of a public school in the town of Tucson, in which the English language was to form a part of the daily instruction; the appropriation, however, was to be void unless the said town, by taxation, appropriation, or individual enterprise, furnished a like sum of five hundred dollars to the support of such school.

The county commissioners were made the trustees of the public schools and had the power to appoint a suitable person to examine the course of instruction, discipline, and attendance of said schools, and the qualifications of the teachers, and report the same to them at their stated quarterly meetings. Said county commissioners and the inspector appointed by them was not to receive any fees or salary for any services done in the discharge of their duties under this act.

The legal rate of interest was fixed at 10% per annum.

The Legislature also passed the following act in regard to printing:

‘‘

“Be it enacted by the Legislative Assembly of the Territory of Arizona:

“Sec. 1. The Secretary of the Territory shall be and he hereby is authorized to contract for the printing in book form, with pamphlet binding, of two hundred copies of the Code of


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the Territory of Arizona, and such other printing as may be ordered during this session of the Legislative Assembly.

“Sec. 2. He shall not pay for such printing over one dollar per folio, and if it shall be necessary to provide paper for such printing, he shall furnish such paper at a rate of not more than twenty per centum advance upon cost and charges at Prescott.

“Sec. 3. The laws shall be published on or before the day they take effect, except such as take effect from the day of their passage, and such publication shall be paid for in such funds as the Territory shall provide.

“Sec. 4. The Secretary of the Territory shall be and he is hereby authorized to employ some suitable person to supervise the publication of said laws, provided the compensation therefor shall not exceed the sum of two hundred and fifty dollars.”

’’

All persons in military service who were legal voters of the Territory, were allowed to vote at elections in any part of the Territory they happened to be at the time of election.

All persons in military, service, either of the United States or of the Territory, were allowed to hold mining claims in the Territory.

An act was passed creating a seal for the Territory, which is as follows:

‘‘

“Be It Enacted by the Legislative Assembly of the Territory of Arizona:—

“Sec. 1. The seal of this Territory shall be of the size of two and one-quarter inches in diameter, and of the following design: A view of San Francisco mountain in the distance, with a deer, pine trees and columnar cactus in the


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foreground; the motto to be ‘Ditat Deus.rsquo; The date on said seal to be 1863, the year of the organizing of the Territory.

“Sec. 2. The sum of one hundred dollars is hereby appropriated for the expense of engraving and transporting said seal; and the Secretary of the Territory is hereby authorized to entrust said seal to proper parties for engraving.

“Sec. 3. The Secretary is hereby empowered to use the former seal in his official duties until the seal authorized in this act is prepared.”

’’

Of the seal so authorized and adopted by the Legislature, and also of the former seal mentioned in the foregoing act, Bancroft says:

‘‘

The seal described in the act of 1864 is the upper one in the cut. I find it used for the first time—in print—in the laws of 1883. The earlier seal, the lower of the cut, of origin unknown to me, is printed in the Journals and Acts as late as 1879. For humorous comments on this seal, see Ross Browne in Harper's Magazine, xxix, 561.”

’’

The “former” or “earlier” seal was according to J. Ross Browne, designed and brought to the Territory by Richard C. McCormick, Secretary of the Territory.

An Act was passed incorporating the Arizona Railway Company, the incorporators including the Governor, Secretary McCormick, Samuel F. Butterworth, and others. Section 2 of this act provided:

‘‘

“That the purpose of this act is to organize a company and to incorporate the same, with authority, which is hereby granted to said company, to construct and maintain railway and telegraph lines, commencing at such point or

SEALS OF ARIZONA TERRITORY.


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points on the southern boundary line as they may select and determine as the most suitable for connecting with a proposed railroad from Guaymas and other Pacific ports, and running northerly along the Santa Cruz Valley to or by the town of Tubac to the town of Tucson, thence westerly on the main road, known as the ‘overland’ to or near the Picacho, thence northwest over a route to be selected to the town of La Paz, or to a point that it may intersect with a road running east and west, or across the Territory and hereinafter provided for in this act; and said company shall have the exclusive right to determine, select, and locate a line of road, commencing at a point on the 109th meridian, the eastern boundary line of this Territory, and to extend westerly across the entire Territory, over such selected route to the Colorado or western boundary; and said company shall have the right to construct, use and maintain side tracks, tram roads, and branches to adjacent mines or towns, or to connect with other railways; and shall also have the power to connect their telegraph lines with any telegraph lines made or to be made in or through California, Nevada, Utah, New Mexico, or Mexico, or any adjoining State or Territory; and said company may unite and be consolidated with any other railroad companies now or hereafter established, for the purposes above named, in any of the States or Territories aforesaid, upon such terms as they may think just and proper.”

’’

As a curiosity to those who believe in very liberal appropriations, and a matter of historical record, the act to provide for the civil expenses


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of the Territory is here reproduced. It is as follows:

‘‘

“An Act to Provide for the Civil Expenses of the Territorial Government.

“Be It Enacted by the Legislative Assembly of the Territory of Arizona:

“Sec. 1. That the following sums be and they are hereby appropriated for the objects hereinafter expressed, viz:

“For the salary of the attorney-general for the past year and up to the tenth day of November, A.D. 1864, eleven hundred and sixty-six ($1,166) dollars.

“For the printing of the journals of the Legislature and other public printing, eleven hundred and twenty-one ($1,121) dollars.

“For the salary of the Territorial Treasurer, fifteen hundred ($1,500) dollars.

“For the salary of the attorney-general for the next year, ending November tenth, 1865, two thousand ($2,000) dollars.

“For the salary of the Adjutant General, five hundred ($500) dollars.

“For the necessary appropriations for school purposes, fifteen hundred ($1,500) dollars.

“For printing the laws of the Territory, three thousand ($3,000) dollars.

“For reading the proof and superintending the printing of the Code, two hundred and fifty ($250) dollars.

“For enrolling the Code of the Legislature, one thousand ($1,000) dollars.

“For the contingent expenses of the Territorial Government for the year ending December


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thirty-first, 1865, fifteen hundred ($1,500) dollars.

“For the commissioner, the Honorable William T. Howell, for drafting a Code of Laws for the Territory, two thousand five hundred ($2,500) dollars.

“For Milton B. Hadley, for translating the Governor's message into the Spanish language, one hundred ($100) dollars.

“Sec. 2. That in case there shall not be sufficient money in the Territorial treasury, the treasurer is hereby authorized to pay such appropriation in bonds provided to be issued by an act entitled ‘An Act to provide for the Contingent Expenses of the Territorial Government,’ passed at the present session of the Legislature.

“Sec. 3. This act shall take effect and be in force from and after its passage.”

’’

All of these appropriations were payable in currency which, at that time, was worth somewhere about fifty cents on the dollar in gold.

Congress was memorialized, first to increase the per diem of the members of the Legislature from $3.00 per day in currency, to $8.00 per day, and that an addition to the salaries of the Governor, Secretary, and Superintendent of Indian Affairs of the Territory, of not more than fifteen hundred dollars be allowed, and an addition to the salaries of each of the three Territorial Judges of not more than fifteen hundred dollars be allowed, and that the salary of the United States District Attorney be increased to two thousand dollars, and that the salary of the United States Marshal be increased to fifteen hundred dollars, and that the pay of the United States District Clerks be increased to fifteen dollars


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per day, and that the pay of the United States Grand Jurors be increased to eight dollars per day.

The salaries received by the officials of the new territory are not set forth in the organic act but as that act expressly adopted all the terms and provisions of the organic act of New Mexico not inconsistent with the provisions of the organic act of Arizona, the salaries of the officials of Arizona were fixed by New Mexico's act in 1850, and were as follows:

Governor, $1,500 per annum; Secretary, $1,800 per annum; Attorney, $250 per annum; Marshal, $200 per annum and fees, and three justices of the Supreme Court at $1,800 each. The members of the Legislature were to hold annual sessions of 40 days, at a compensation of three dollars for each member, and mileage at the rate of three dollars for 20 miles. In 1854 the salary of the Governor was increased to $3,000, and that of the judges by $500.

The Legislature also memorialized Congress asking that an appropriation of one hundred and fifty thousand dollars for the placing of the Indians of the Colorado on a reservation, be made, such Indians being the Yavapais, Hualapais, Mohaves and Yumas, numbering about ten thousand, who, the memorial recited, were scattered over an extent of country from the Gila River on the south to the northern boundary of the Territory, and from the Colorado River on the west to the Verde River on the east; that these Indians were roaming at large over the vast territory described, gaining a precarious subsistence from the small patchesof land along the Colorado River, which they cultivated, and from fishing


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and hunting; that when the seasons were unfavorable to their little farming interests, or the Colorado did not overflow to irrigate and enrich their fields, they were reduced to a starving condition, and compelled by necessity to make raids upon the stock and property of the whites, and not infrequently did they ambush the traveler and miner, and waylay and stampede the stock of trains and plunder their packs and wagons.

Congress was also memorialized for an appropriation of $250,000 for the organization of volunteers or rangers in the Territory, to aid in the war against the Apaches, and also for an appropriation of $150,000 for the improvement of the navigation of the Colorado River from Yuma to the mouth of the Virgin River, from which latter point, the memorial recited, there was a free natural road, a distance of only three hundred and fifty miles to Salt Lake City, and that by this route the Government, as well as private transportation could be furnished in a much shorter time, and at less cost, than by any other route; that if the navigation of the river were improved, it would accommodate the general Government, and greatly increase and hasten the development of the vast mineral and other resources of the Territory.

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