CHAPTER I. THE FOURTH LEGISLATURE.


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Members of—Message of Governor McCormick—Report of Territorial Auditor—Memorials to Congress—Laws Passed by Legislature—Capital Located at Tucson—McCormick Elected Delegate to Congress—Boards of Supervisors Authorized to Create School District—Edward J. Cook, Biography—John A. Rush, Biography—Philip Drachman, Biography.

The Fourth Territorial Legislative Assembly convened at Prescott on the 4th day of September, and ended on the 7th day of October, 1867. The following were the members of the Council and the House of Representatives:

COUNCIL
Name. Residence. Occupation. Age. Where Born.
(Yavapai County)
John W. Simmons, Prescott, Farmer, 56 Tennessee.
Daniel S. Lount, Agua Caliente, Miner, 47 Canada West.
Lewis A. Stevens, Prescott, Farmer, 52 Mississippi.
(Mohave County)
William H. Hardy, Hardyville, Merchant, 45 New York.
(Pah-Ute County)
Octavius D. Gass, Callville, Ranchero, 39 Ohio.
(Yuma County)
Alexander Mckey, La Paz, Miner, 40 Kentucky.
(Pima County)
Daniel H. Stickney, Tucson, Merchant, 55 Massachusetts.
Mortimer R. Platt, Tucson, Lawyer, 31 New York.
Henry Jenkins, Tubac, Lawyer, 55 New York.


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HOUSE OF REPRESENTATIVES
Name. Residence. Occupation. Age. Where Born.
(Yavapai County)
James S. Giles, Prescott, Farmer, 31 Delaware.
John A. Rush, Prescott, Lawyer, 48 Missouri.
John H. Matthews, Kirkland Valley, Farmer, 47 Alabama.
Edward J. Cook, Prescott, Merchant, 42 Alabama.
Andrew Cullumber, Walnut Grove, Farmer, 52 Ohio.
John T. Dare, Prescott, Printer, 26 New York.
(Mohave County)
Nathaniel S. Lewis, Hardyville, Miner, 37 Indiana.
(Pah-Ute County)
Royal J. Cutler, St. Joseph, Farmer, 39 New York.
(Yuma County)
Oliver Lindsey, La Paz, Farmer, 32 New York.
G. W. Hanford, Eureka, Miner, New York.
John Henion, Williams Fork, Miner,
(Pima County)
Charles W. Lewis, Tubac, Farmer, 40 Virginia.
John B. Allen, Tucson, Merchant, 49 Maine.
Marvin M. Richardson, Tubac, Merchant, 41 New York.
Underwood C. Barnett, Tucson, Farmer, 35 Arkansas.
Francis M. Hodges, Tucson, Merchant, 29 Missouri.
Solomon W. Chambers, Calabazas, Farmer, 45 Ohio.
Philip Drachman, Tucson, Merchant, 37 Poland.

All the members of the Council attended, but G. W. Hanford and John Henion, elected from Yuma County as Representatives, failed to put in an appearance.

The Legislature organized by the election of Octavius D. Gass, of Pah-Ute County, as President, and Almon Gage, as Secretary of the Council, and Oliver Lindsey, of Yuma County, as Speaker, and Follett G. Christie as Chief Clerk of the House.

In his message to the Legislature Governor McCormick called attention to the fact that the Wallapais, the Pah-Utes, and a portion of the Yavapais were on the warpath, and that it was necessary that additional forces should be sent to the Territory. He also urged a separate military


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department for the Territory. In this connection he said:

‘‘

The system of small, temporary posts, by which at least one-half the troops in the Territory are now rendered unavailable, will doubtless be set aside; a few forts will be established at points chosen by those familiar with the districts, from actual observation, from which troops can be hurled in force against any part of the Indian country and kept there until the end sought is fully attained; co-operative movements will be made from various parts of the Territory; raiding parties will be promptly followed to their retreats however remote, and the service instead of being so generally irksome and profitless as to provoke even good soldiers to desertion, will have the fascination which always attends formidable and successful military movements.

It has lately been alleged abroad that Arizona is a vortex into which the greater portion of the available military material upon the Pacific Coast disappears. Taking into consideration the vast extent of the country, and the agility of the hostile Indians, the number of troops now here is comparatively small, amounting in the district of Prescott, to less than one man to one hundred square miles. If the Territory is in any sense a vortex it has been made so through the unfortunate system to which I have referred, and against a continuation of which economy and reason most earnestly protest. Yet with the greatly increased efficiency of the troops already here, which must come should the Territory be made a distinct Department, some


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addition to the force will be required in order to secure the early attainment of peace, and, in accordance with the popular wish, I have lately made a vigorous appeal to the Department commander for more regulars, and also renewed my application to the War Department (based upon the memorial of the Second Assembly), for authority to raise a regiment of Territorial volunteers to serve for the term of two years.

An Act of Congress adopted at the late special session (in July) provides a commission to select permanent reservations for all the Indian tribes now occupying the Territories east of the Rocky Mountains, and if said Indians fail to remove to the reservations the Secretary of War is authorized to accept the services of mounted volunteers from the Governors of the several States and Territories, not exceeding four thousand men in number; and for such term of service as in his judgment may be necessary for the suppression of Indian hostilities.

I do not understand that this law is applicable to Arizona, although our necessity is, and I venture to say will be much greater than that of any of the Territories east of the Rocky Mountains; and I think it will not be difficult under a proper representation of facts by you (through our Delegate in Congress) to have its provisions for our benefit. I will not here enter into an argument to establish the advantage of securing a native regiment, but be content with the assertion that while highly appreciating the efficiency of the regulars in the battles named, and giving them all deserved credit, I am still of the opinion that no troops can begin


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to cope with the Apaches and other hostile Indians of this Territory in their mountain fastnesses so successfully and at so little cost as the volunteers.

That the General Government will listen to our reasonable and necessary appeal for a separate Department, and for more troops, I most sincerely hope; for with affairs as they now exist here and have existed since the Territory came under the American flag, 'patience has ceased to be a virtue.' It will be alike unjust to the people who have come here expecting protection, to the thousands eager to settle here, to the officers sent here to establish civil law and order, and highly discreditable to a government more able than ever before to give security for life and property to all its citizens, if relief is not speedily granted.

While the war in the East continued it was not to be expected that much attention would be given to the frontier, but now there would seem to be no excuse for neglect to overcome the one great barrier to our prosperity, unless, as it is sometimes asserted, the Government does not deem the country worthy of occupation and development. Those who are familiar with its rare mineral resources, its rich fertile valleys, its unrivalled pastoral lands, its equable and salutary climate, its genial skies, and all its capabilities and possibilities, taken as a whole (notwithstanding its large extent of desert and mountain), consider the assertion absurd. Arizona will compare favorably in all respects with any of the mineral-bearing Territories of the Union, while in climate it possesses a decided


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advantage over all. To those who have here found homes and health, who are endeared to the country by years of sacrifice and by friendships here formed, whose beloved dead here 'sleep the sleep that knows no waking,' the hostility of a few thousands of abject wild men, but a single remove from the brute creation, who should not be allowed to stay the march of civilization for a day, and who if properly dealt with would melt before the strong arm of the Government like snow beneath the noonday sun, is alike repulsive and intolerable.

Whatever the conclusions of Congressional committees, or of special commissioners, after hurried and superficial visits to the plains, or the theories of well meaning philanthropists, to those who have lived among the Indians, who have dealth with them, who know their innate treachery, who are familiar with their barbarous deeds, who comprehend their low nature and instincts, it is folly to talk of expecting good results from a persuasive policy. The Indian of to-day, whatever he may have been in the past, is not to be bound by treaties, annuities, or by favor of any kind unless first made clearly to understand that the white man is his master, and intends to be such for all time. For this reason it is idle, as I have already asserted, ‘‘to talk to the Apache (or to any hostile Indian), or reservations, while he feels any security for life or property outside of them.’’ Yet at the same time, so far from urging extermination which is supposed by many to be the war cry of all Arizonians, I have favored reservations, provided the Indians placed upon them can and will


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be kept there. To allow them to go and come at will is to subsist and equip them for robbery and murder. This has been clearly and sadly demonstrated. A system of reservations is needed here quite as much as in the Eastern territories. 'One Indian,' as a competent writer upon Indian affairs asserts, ‘‘requires for his maintenance, by his methods of living, as much territory as will support a thousand men who live by civilized methods, and when by the natural flow of population, the thousand civilized men require for their homes the place roamed over by one Indian, it is justice to all men that he should give way.’’

He must do so, and his only security is upon a reservation, where, as his highest motive is to get something to eat without labor, he will be well accommodated, and in time may be taught habits of industry, although the task will be a difficult one. Excepting those long since provided in this Territory for such really friendly tribes as the Pimas and Maricopas, there is but one reservation, that at Half Way Bend upon the Colorado River above the town of La Paz, for the proper preparation of which, for the reception of such of the river and other Indians disposed to peace as now have no fixed homes, an appropriation of fifty thousand dollars has been made by Congress and is now being expended by the Indian Superintendent, who also has an appropriation this year of seventy thousand dollars for the general care of the friendly Indians throughout the Territory. While the reservation upon the Colorado will probably be sufficient for the river Indians and those who


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may be forced upon it from the country between the Colorado and the Verde, there should in my judgment, be an extensive reservation provided somewhere in the eastern portion of the Territory, perhaps upon the upper Gila, for such of the Apaches as may sue for peace. At each reservation there should be a sufficient strength of troops to make escape on the part of the Indians an utter impossibility, and trade and intercourse by the whites, if allowed at all, should be guarded by regulations calculated to prevent fraud and demoralization.

’’

In regard to mines and mining, Governor McCormick said:

‘‘The appearance of sulphurets in many of the lodes opened in Central Arizona necessitates the provision of new machinery for the reduction and separation of the ores, and until this can be supplied most of our quartz mills will be idle. Parties who have made tests of the sulphurates, upon a small scale, pronounce them exceedingly rich and have no doubt they can be worked in large quantities to great advantage.’’ He also said:

‘‘

Operations upon the copper mines at Williams' Fork, which have been generally suspended during the summer owing to the remarkably low price of copper and for other reasons, will, I am informed, be renewed upon a large scale during the present fall and ensuing winter.

In Southern Arizona the Indian disturbances and other causes, as here, have to a great degree interrupted operations in the mines, but their owners have not lost confidence in their


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wealth, and are eager to proceed in their development at the earliest practicable moment.

The proposed opening of the port of Libertad, in Sonora, will, it is believed, render the shipping of copper ore from Southern Arizona a profitable enterprise, and otherwise prove a source of great advantage to the people of that part of the Territory who cherish a lively hope that the government, having extended its lines upon the north, will take measures to acquire a portion of Sonora, at least sufficient to bring the ports of Libertad and Guaymas under the American flag; an acquisition of territory likely to prove far more profitable to the Union than that recently secured, and absolutely essential to the proper development of a large and important part of Arizona.

’’

The Governor made the following reference to agriculture in the Territory:

‘‘

In the face of all the annoyances from the Indians experienced during the present season by our ranchmen, they have, with few exceptions, the promise of large and excellent crops. It is found that the land improves by cultivation, and that the soil in most of the valleys is of the richest character. Indian corn grows luxuriantly, and it is estimated that more will be produced in this military district this year than will be required for the use of the troops and the citizens. Contracts to supply the Government have lately been let at prices less than those paid but a year since for the transportation of grain from California.

The fine farming valleys below the Gila are more productive than ever before, and it is


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clearly shown that not only corn and small grain, but fruits and vegetables of all kinds, will thrive in many parts of the Territory—while in several localities, cotton and tobacco have been raised with much success. Although disconnected and generally in small parcels, the agricultural lands of the Territory, in the aggregate, amount to a large area, unusually large and fertile for what is commonly called a desert country.

Their general cultivation, and the use of the extensive grazing lands, (abounding in grasses, nutritious at all seasons,) which is only delayed by the insecurity of life and property, must, whenever practicable, so reduce the cost of living here as to make the Territory one of the most attractive upon the Pacific slope, and greatly facilitate all business pursuits.

It has been well said, ‘‘He who cultivates the land the best is likely to defend it the best,’’ and I look upon the care and enthusiasm with which our farmers follow their honorable and useful calling, (one of vital importance in connection with mining,) in constant risk and exposure, as the most hopeful feature in the present state of the Territory.

’’

The Governor stated that there had been a very marked and gratifying improvement in the mail service in the Territory since the adjournment of the last Legislature; that service between San Bernardino and Prescott, and between Salt Lake and Callville and Arizona City had been increased to a semi-weekly service; that the Overland, from the Rio Grande to the Pacific, via Tucson, had been re-established, and


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weekly service given, which was to be increased to three services a week in coaches, which, as the Governor said, ‘‘will afford the people of Southern Arizona a great accommodation, and prove advantageous to the whole Territory.’’ He recommended also an increase in the mail service to other points.

In reference to the public schools, he said:

‘‘

In the opinion of many of the people the time has come for some definite and liberal provision for the establishment and maintenance of public schools in the Territory. In the larger settlements there are numerous children, and the thought of permitting them to grow up in ignorance is not to be tolerated, while to sustain private schools is an expense which in most cases the parents cannot afford. Section 11, Chapter XXIII, of the Code of the Territory provides as follows:

‘‘Sec. 11. As soon as there shall have accumulated sufficient funds, and a necessity exists therefor, the Legislature shall provide for a system of common school education, at the public expense, and may at any time authorize a tax to be levied by school districts for the support of schools, until such system of common school education shall be established.’’

The First Assembly, by Act approved November 7th, 1864, appropriated a small sum for public schools in the towns of Prescott, Tucson, La Paz, and Mohave City, to be void and of no effect unless said towns, by taxation, appropriation or individual enterprise, in each case furnished a like sum of money.


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If I am correctly informed none of the towns have complied with this requirement, and the funds of the Territory have not been used. The sums, however, are insufficient to be of more than temporary benefit and sufficient funds have not yet accumulated, as required by the section of the Code referred to, to support a system of common school education, yet I think the popular sentiment will heartily sustain you in providing such a system and in authorizing the counties to levy a reasonable special tax for its support, according to the judgment of their Supervisors.

’’

Speaking of the courts, the Governor said:

‘‘

Civil law and order reign throughout the Territory to a gratifying degree. The Courts are all well organized, and criminals are promptly arrested and punished, although here, as everywhere upon the frontier there are those who forget that 'liberty consists in the power of doing that which is permitted by the law,' who justify personal redress for wrongs and allow sympathy rather than evidence to control their judgment. This class is not large, however, and will diminish with every year as our population increases, and the importance of maintaining the dignity of the law under all circumstances is better understood.

In Yavapai County a substantial jail is in process of construction, and steps have been taken for the erection of similar buildings in other counties, but as it will be some time before they are fitted for use, it has been suggested to me, and I give you the suggestion, that it will be wise for your honorable bodies to enact


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a law authorizing the Sheriffs of the respective counties to employ or cause to be employed, all able bodied male prisoners as laborers upon the roads, or in such public works as may be most required. This is the custom in many States and Territories, even where the jail accommodations are ample, and it has been found to conduce both to the health of the prisoners and to the accomplishment of much useful labor.

’’

He called the attention of the Legislature to an Act of Congress, approved January 22, 1867, appropriating the net proceeds of the Internal Revenue for the year 1866, and up to 1868, inclusive, for the purpose of erecting under the direction of the Secretary of the Interior, penitentiary buildings at such places as should be designated by the Legislatures of the Territories, and approved by the Secretary of the Interior. The sum appropriated for use in Arizona was limited to the sum of forty thousand dollars. The Governor recommended that the site should be selected at this session of the Legislature and that work should begin on the Territorial Prison.

The Governor further reported that two of the most important federal offices in the Territory were unoccupied much of the time because of the wholly inadequate compensation allowed their incumbents by Congress, the offices being those of Marshal and District Attorney and suggested that the Legislature should petition Congress to make the salaries of such offices such that their occupants could hold them without personal sacrifice, and give the proper time and attention to the important duties required.


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In reference to the finances of the Territory, he stated that the total Territorial indebtedness amounted to twenty-eight thousand, three hundred and seventy-five dollars ($28,375) in national currency; that nine thousand dollars of the gold bonds issued under the authority of the First Legislature, would become due during the ensuing year and that provision should be made for their payment.

The report of the Territorial Auditor was submitted to the Legislature, and is as follows:

‘‘

Prescott, September 7th, 1867.

To the Honorable the Fourth Legislative Assembly:

In accordance with the provisions of Chapter 20, Howell Code, I respectfully submit my report of the accounts audited, and of the warrants issued by me, in payment of said accounts, since November, 1866, to the present date.

I have, since the first day of November, 1866, audited the claims as per list appended hereto, amounting in all, to three thousand and ninety-three dollars and one cent, ($3,093.01) for which I have issued warrants on the general fund.

The Territorial Treasurer, on the 2d of August, rendered me a statement of the money and other Territorial securities received by him in payment for taxes, and of the disbursements made by him from the date of his last settlement with the Board of Territorial Commissioners, a copy of which I hereto append.

Sec. V of the Act to provide for the expense of Arizona Territory, approved October 30th,


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1866, authorizes the Sheriff or Collector, to receive warrants drawn by the Auditor, in payment of taxes, fines, etc., due the Territory at par, and that such shall be received by the Treasurer in settlement with the Sheriff or Collector.

I respectfully suggest as an act of justice to all parties, that Sec. V. of the above act be repealed and an act passed that warrants be paid by the Territorial Treasurer only, and in the order in which they are drawn by the Auditor.

I am, with much respect,

Your Obedient Servant,

JAMES GRANT, Auditor.

’’

Congress was memorialized to allow the Governor of the Territory to raise a regiment of volunteer troops; to increase the jurisdiction of Justices of the Peace from one hundred to three hundred dollars; to allow duties to be paid in currency instead of in gold, alleging that it cost from five to ten per cent to bring in gold from California according to the distance; protesting against the annexation of any portion of Arizona to the State of Nevada, and also memorializing the Secretary of the Treasury as follows:

‘‘

To the Hon. Hugh McCulloch, Secretary of the Treasury:

Sir:—Your memorialists, the Legislative Assembly of the Territory of Arizona, respectfully represent that the sums enumerated below have been assumed by the Territory of Arizona as shown by the accounts of the Territorial Treasurer:


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To William T. Howell for preparing a Code of laws for the Territory … $2,500.00
E. A. Bentley for printing said Code … 2,994.75
William T. Howell for reading proof of said Code… 250.00
T. A. Hand for printing Governor's Message, journals, rules, &c., of First Legislature … 1,121.00
E. A. Bentley for printing Code and Acts of the Territory in the Arizona Miner newspaper … $1,747.00
R. C. McCormick for amount paid for enrolling bills passed by the First Legislature… 850.62
R. C. McCormick for amount paid P. H. Dunne for composition, press work, paper and binding Governor's message (1864) and compendium of laws of the First Legislative Assembly in Spanish… 950.00
Making a total of:… $10,413.37

Ten thousand four hundred and thirteen 37/100 dollars, all of which your memorialists believe should, under the provisions of the Organic Act, and according to the custom of the Government in regard to other Territories, be paid out of the United States Treasury.

Your memorialists further represent that the population of the Territory is so small, that


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the Territory is now in debt with increasing expenses, that in no year since the organization of the Territory has the appropriation allowed by Congress been consumed, and that they therefore most respectfully and confidently ask that the amount of ten thousand four hundred and thirteen and 37/100 dollars be allowed the Territory of Arizona from the United States Treasury for the payment of the accounts aforesaid, Therefore:

Resolved, that the Secretary of the Territory, the Hon. J. P. T. Carter, is hereby requested to transmit a copy of this memorial to the Hon. Hugh McCulloch, Secretary of the Treasury, and to use all honorable means in his power to have the amount aforesaid, allowed the Territory of Arizona.

Approved October 5, 1867.

’’

This Legislature also memorialized Congress for an increase in pay of the members and officers of the Legislative Assembly, asking an increase from three to six dollars for the per diem of the legislators; for an appropriation for the construction of military roads, and wells upon the same, and that the Quartermasters at the several military posts in the Territory, be authorized to purchase supplies in the open market.

Among the concurrent resolutions was one as follows:

‘‘

Whereas, the people of the United States, and particularly those of the frontier territories, occupied by hostile Indians, have been given an implied, if not an expressed, assurance


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by the Government that the army should protect them, and their property, while struggling against the difficulties and dangers, and enduring the privations incident to the settlement and development of new countries; and whenever an officer of any rank in the military service fails to carry out whatever is necessary to this object, either from inability to comprehend the situation, from mistaken sympathy with the savage, from a disposition to arbitrary use of power, from a lack of definite policy, or from any motive or for any cause whatever, it is then the right of the people to petition for relief, and it is therefore

Resolved, by the House of Representatives, the Council concurring, that we do earnestly request that the Territory of Arizona be removed from under the command of the present Department Commander, Brevet Major General Irwin McDowell, and made into a separate Department, with the commanding officer residing within its limits, and reporting directly to Major General Halleck, commanding the Division of the Pacific.

Resolved, that in our present District Commanders, Generals Gregg and Crittenden, Colonels Lovell, Sanford and Price, and their subordinates, we recognize officers of ability, energy and the right disposition, whose combined movements against the hostile Indians will speedily rid us of the incubus which clogs and paralyzes every enterprise here, if they are directed by a competent commander upon the ground, familiar with the movements of the Indians, and prompt to take advantage of the


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same, as well as to see that the troops are properly supplied, the posts advantageously located, and to secure such additional force as may from time to time be required.

Resolved, that the Secretary of the Territory is hereby requested to forward a copy of these resolutions, with a copy of the message of the Governor, to the Secretary of War, to Generals Grant, Halleck and McDowell, to our Delegate in Congress, and to each of the Senators and Members of Congress from the Pacific Coast.

’’

This resolution was probably the outgrowth of a misunderstanding, or, rather, quarrel, between the Executive and General McDowell, which will be treated of further as this history progresses.

There was some opposition to this resolution, coming principally from Yavapai members, who, no doubt, had no very kindly feeling toward the Governor on account of the part he had taken in removing the capital to Tucson, for at that time, in Arizona particularly, prosperity followed the flag that waved over the capital. Here contracts were made by the Government, and nice fat contracts handed around to the faithful. Along these lines, to show the feeling against the Governor, I copy the following report of the select committee concerning the financial condition of the Territory, of which Mr. Giles of Yavapai was chairman. This report is found upon page 101 of the Journal of the Fourth Legislative Assembly, and is as follows:


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‘‘

Your committee to whom was referred the subject matter contained in the resolution passed by the House on the 12th inst., appointing a select committee of five to examine into the financial affairs of the Territory. To ascertain the total indebtedness of the Territory—what bonds or other evidences of indebtedness have been issued from the organization of the Territory up to the present time, for what purpose, and by what authority, etc., beg leave to report that they have performed the duty assigned them and find the total indebtedness of the Territory to be twenty-eight thousand, three hundred and seventy-five dollars in currency. Your committee find that gold bonds to the amount of fifteen thousand dollars, bearing interest at the rate of ten per cent per annum, payable in three years from date of issuance, principal and interest payable in gold coin, have been issued by the Territorial Treasurer in liquidation of warrants drawn upon him by the Territorial Auditors, and that there are now outstanding warrants covering the balance of the Territorial indebtedness.

Your committee find on examination that Territorial warrants, drawn on the Territorial Treasurer to the amount of six thousand four hundred and ninety-seven nineteen one-hundredths ($6,497.19) dollars, have been issued to Coles Bashford as Attorney-General of the Territory; and that the following Territorial gold bonds bearing interest, the interest payable annually, has been paid to said Coles Bashford as Attorney-General as salary and traveling


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expenses in part satisfaction of said warrants, to-wit: Bonds number 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96. The interest on which has been paid to August 15, 1867.

Also bonds numbers 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134. The interest on which has been paid to August 15, 1866. Also bonds numbers 141, 142, 143, 144, 145, 146, 147, 148, 149, 150. The interest on which has been paid to August 15th, 1867. Amounting in the aggregate to three thousand one hundred and fifty dollars, and the said Coles Bashford now holds, if he has not transferred the same, warrants numbers 31, 42, 51, 52, 55, 105, 106, amounting to three thousand three hundred and forty seven nineteen one-hundredths dollars (3,347.19). Your Committee find that Coles Bashford was first appointed Attorney-General for the Territory by Governor Goodwin on February 1st, 1864, and for said appointment your committee are unable to find any law. The Organic Act nowhere furnishes the authority, and if done under Chapter sixteen of the laws of New Mexico, creating the office of Attorney-General, approved February 2, 1859, your committee believe it was illegal, for that act was amended by an act passed by the Legislature of said Territory, approved February 28th, 1862, and by an act passed by said Legislature approved January 28th, 1863. Thereby circumscribing the duties of Attorney-General for the Territory of New Mexico, by making said officer District


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Attorney for the First Judicial District of said Territory, and ex officio Attorney-General for the Territory, reducing his salary from fifteen hundred to six hundred dollars. Under this illegal appointment, as your committee believe, Coles Bashford acted as Attorney-General until Nov. 10th, 1864. And for said services was allowed and paid in bonds of the Territory, the sum of one thousand one hundred and sixty-six dollars. On November 10th, 1864, an act of the Territorial Legislature creating the offices of Attorney-General and fixing his salary, was approved, and the said Coles Bashford was continued or reappointed Attorney-General, which appointment was a plain violation of that part of the Organic Act which says that ‘‘no member of the Legislative Assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member during the term for which he was elected and for one year after the expiration of such term.’’

The said Coles Bashford being at that time a member of the Legislature, elected for two years. And your committee find that the said Coles Bashford held said office of Attorney-General from November 10th, 1864, to December 31st, 1866; and your committee believe illegally. And that from time to time Territorial warrants on the Territorial Treasurer were issued to the said Coles Bashford as Attorney-General, from the said 10th day of November, 1864, to December 31st, 1866, amounting to four thousand eight hundred and


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forty-seven nineteen one-hundredths ($4,847.–19) dollars, which amount, (if not transferred), he now holds against the Territory in the shape of bonds and Territorial warrants.

Your committee also find that the Third Legislature by an act, approved Oct. 30th, 1866, abolished the office of Attorney-General. And that from December 1st, 1866, under an act of the Third Legislature, approved October 27th, 1866, the District Attorney for the county of Yavapai has been paid for services as Attorney-General.

Your committee believe that the appointment of Coles Bashford as Attorney-General was in violation of law, and that his claims for services as such, were illegal, and should not have been allowed by the board of Territorial Auditors. And we, your committee, recommend that you take such steps as are necessary to stop the payment of said bonds and warrants issued to pay said Coles Bashford for services as Attorney-General.

Your committee also find that under Chapter twenty-one of the Howell Code, the Governor of the Territory is authorized to appoint an Adjutant-General, and that his compensation shall be whatever amount the Territorial Auditors shall allow. Under said law we find that one W. T. Flower was appointed Adjutant-General, and for services which your committee could not see, was paid a warrant for the sum of three hundred and twelve dollars and fifty cents.

Flower was removed or resigned, and one W. H. Garvin was appointed, and has held the


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position of Adjutant-General up to the present time, and continues still to hold it, drawing at stated times his regular warrants; and to him have been issued warrants to the amount of one thousand three hundred and two dollars and thirty-two cents.

During a part of the years 1865 and 1866, we find that the said Adjutant-General did perform some services, as the Territory had during that time some troops in the field, and your committee can understand why warrants were issued to him during that time. But your committee cannot understand why he should be paid when no services were rendered. Your committee find that within the past year, when the Territory had no troops, when no militia is organized, that warrants to the amount of six hundred and fifty-five dollars have been issued to the said W. H. Garvin, as Adjutant-General for the Territory, as salary and office expense. But as it has been allowed in accordance with law, we suppose it must be paid.

Your committee, however, recommend that a law be passed repealing that section of Chapter XXI of the Howell Code, authorizing the Territorial Auditor to allow such claims in the future.

Your committee find that a warrant for two thousand nine hundred and ninety-four dollars and seventy-five cents was issued to E. A. Bentley for printing the Howell Code; that a warrant for two thousand five hundred dollars was issued to W. T. Howell, Commissioner, to prepare the Howell Code, and that a warrant for two hundred and fifty dollars was issued to the same


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W. T. Howell for reading proof of the Howell Code; that a warrant for one thousand seven hundred and forty-seven dollars was issued to E. A. Bentley for printing laws of the Territory in the Arizona Miner; that a warrant for one thousand one hundred and twenty-one dollars was issued to T. A. Hand for printing Governor's Message, Journals of the First Legislature and the Rules of the House and Council of the First Legislature; that a warrant for eight hundred and fifty dollars and sixty-two cents was issued to R. C. McCormick for amount paid by him for enrolling bills passed by the First Legislature—amounting in the aggregate to the sum of nine thousand four hundred and sixty-three and 37/100 dollars, which your committee believe were improperly charged against the Territory, and feel assured would be refunded to the Territory if the proper representations were made at Washington. Your committee therefore recommend that you take such steps as are necessary to get the matter before the Treasurer of the United States.

Your committee also find that warrants were issued to A. M. White, T. Hodges, P. McCannon, and R. C. McCormick, amounting to the sum of one thousand four hundred and ninety-one dollars, for expenses incurred in Col. K. S. Woolsey's expedition against the hostile Indians. And your committee believe that if the matter was fairly represented to the Congress of the United States, an appropriation would be made for our relief.

Your committee find that the balance of the outstanding indebtedness of the Territory is for


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salaries due the Territorial Auditor and Treasurer, and for printing, interest on bonds and other incidental expenses, amounting to the sum of nine thousand two hundred and eight dollars and sixty-two cents.

Your committee find that the Governor and Secretary, being officers of the government of the United States, were, by section ten of the Organic Act, which says: ‘‘No person holding a commission or appointment under the United States, except postmaster, shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory,’’ prohibited from holding the office of Auditor; and that the Attorney-General was also prohibited from acting as Auditor, under the same section, which says that no member of the Legislative Assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term. All of which is respectfully submitted.

JAMES S. GILES,

Chairman, Select Committee.

’’

There was introduced at this session of the Legislature for the first time, an act to create Maricopa County, which was defeated in the House by a vote of eight to six.

Among the laws passed by this Legislature was one to prevent the improper use of deadly weapons in the towns and villages of the Territory, which would be considered in our day a queer piece of legislation. It read as follows:


[page 27]

‘‘

Section 1. That any person in this Territory, having, carrying, or procuring from another person, any dirk, dirk-knife, bowie knife, pistol, gun, or other deadly weapon, who shall in the presence of two or more persons, draw or exhibit any of said deadly weapons in a rude, angry or threatening manner, not in necessary self defence, or who shall in any manner unlawfully use the same in any fight or quarrel, the person or persons so offending upon conviction thereof in any criminal court in any county of this Territory, shall be fined in any sum not less than one hundred nor more than five hundred dollars or imprisonment in the county jail not less than one nor more than six months, in the discretion of the court; or both such fine and imprisonment, together with the cost of prosecution.

Section 2. That any person or persons having or carrying any pistol or gun who shall in the public streets or highways discharge the same indiscriminately, thereby disturbing the peace and quiet, and endangering the lives of the inhabitants of any town or neighborhood in this Territory, such person or persons upon conviction thereof before any Justice of the Peace in the county where such offence may be committed shall be fined in any sum not less than ten nor more than fifty dollars and imprisonment in the county jail not less than two nor more than ten days, in the discretion of the Justice of the Peace, together with the cost of prosecution.

Sec. 3. It shall be the duty of all sheriffs, deputy sheriffs, constables, and all peace officers


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and private citizens to see that the provisions of section second of this act are enforced, by informing on all persons violating its provisions, by having them arrested and brought before the proper officer for trial and punishment.

Sec. 4. It is hereby made the duty of all civil and peace officers in this Territory to be diligent in carrying into effect the provisions of section one of this act, as well also as all grand juries, or grand jurors, to enquire into and make presentment of each and every offence against the provisions of said section one of this act which shall come within their knowledge. And it is also made the duty of all judges in this Territory to give said section one in charge of the grand juries at each term of their respective courts.

’’

An act was passed permanently locating the capital or seat of government of the Territory of Arizona in Tucson, which was to take effect after the first day of November, 1867. There was a great deal of scandal attending the removal of the capital. The Miner claimed that it was done through fraud, saying, in an editorial under date of November 30th, 1867:

‘‘

We are assured upon good authority that improper proceedings to the extent of buying three or four members of the Fourth Legislature, and pledging to Governor McCormick to support him for Congress at that place (Tucson). If this does not come under the head of improper proceedings, we are at loss to know what does.

’’

While, of course, there is no direct evidence to show that fraud was used in moving the capital,


[page 29]

the fact remains that Pima County gave Governor McCormick a very large vote the next year when he was a candidate for Delegate to Congress, he being elected by the following vote:
County Republican, Democrat, Independent,
R. C. McCormick John A. Rush Samuel Adams
Yavapai 202 425 9
Mohave 23 40 9
Yuma 80 300
Pima 932 71 14
Total: 1,237 836 32.

The Fourth Legislature also passed an act concerning public schools, which gave to the Board of Supervisors in the several counties the right, whenever there was a village or a settlement with a resident population of not less than one hundred persons, and covering an expense of country not more than four square miles, to set aside such district for a school district: ‘‘when any number of legal voters residing in such district may make application to the Board of Supervisors for the establishment of public schools in such district.’’ Sections 4 and 5 of this act are as follows:

‘‘

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 located, 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 Supervisors of each county is hereby authorized and empowered annually to levy and collect such additional 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 file said copy in his office, and on the first Monday in July in each year the Board of Supervisors 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 purposes two dollars upon each one hundred dollars 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 thereafter.

’’


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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 legislature, 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 Legislature, and a Candidate for the office of Delegate to Congress, running against Governor McCormick 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 Legislature, 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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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 Legislature, 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 Territory 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, Samuel 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.

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