10th Arizona Territorial Legislature
Encyclopedia
The 10th Arizona Territorial Legislative Assembly was a session of the Arizona Territorial Legislature
Arizona Territorial Legislature
The Arizona Territorial Legislature was the legislative body of Arizona Territory. It was a bicameral legislature consisting of a lower house, the House of Representatives, and an upper house, the Council. Created by the Arizona Organic Act, the legislature initially consisted of nine members in...

 which convened on January 6, 1879, in Prescott, Arizona Territory
Prescott, Arizona
Prescott is a city in Yavapai County, Arizona, USA. It was designated "Arizona's Christmas City" by Arizona Governor Rose Mofford in the late 1980s....

.
The session was the last to be composed of nine Council members and eighteen members of the House of Representatives.

Background

There had been several significant changes to the territorial government since the prior session. First, the territorial capital
Capital City
Capital City was a television show produced by Euston Films which focused on the lives of investment bankers in London living and working on the corporate trading floor for the fictional international bank Shane-Longman....

 was moved from Tucson
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...

 to Prescott. Second, Governor Anson P.K. Safford
Anson P.K. Safford
Anson Pacely Killen SaffordVarious sources give multiple variations for the spelling of Safford's two middle names. Among these are Peasley, Peacely, Keeler, and Killen. was the third Governor of Arizona Territory...

 had declined a third term to seek his fortune in a number of mining projects. Territorial Secretary John Philo Hoyt
John Philo Hoyt
John Philo Hoyt was an American politician and jurist. He served as the fourth Governor of Arizona Territory and was nominated to become Governor of Idaho Territory but declined the position...

 had been named to replace Safford on April 5, 1877. Then, in 1878, John C. Frémont
John C. Frémont
John Charles Frémont , was an American military officer, explorer, and the first candidate of the anti-slavery Republican Party for the office of President of the United States. During the 1840s, that era's penny press accorded Frémont the sobriquet The Pathfinder...

 used his political connections to displace Hoyt and secured the governorship for himself. While Hoyt was well respected, most Arizonans were thrilled to have such a well known personality as their Governor.

The Southern Pacific Railroad
Southern Pacific Railroad
The Southern Pacific Transportation Company , earlier Southern Pacific Railroad and Southern Pacific Company, and usually simply called the Southern Pacific or Espee, was an American railroad....

 had reached Yuma
Yuma, Arizona
Yuma is a city in and the county seat of Yuma County, Arizona, United States. It is located in the southwestern corner of the state, and the population of the city was 77,515 at the 2000 census, with a 2008 Census Bureau estimated population of 90,041....

 on September 30, 1877, providing the first rail service to the territory. They were at the time of the session building eastward across Arizona.

Governor's address

Governor Frémont gave his address to the session on January 9, 1879. In it he spoke to the potential for development within the territory. To this end he recommended spending US$500,000 on construction of new roads. He also proposed using the Colorado River
Colorado River
The Colorado River , is a river in the Southwestern United States and northwestern Mexico, approximately long, draining a part of the arid regions on the western slope of the Rocky Mountains. The watershed of the Colorado River covers in parts of seven U.S. states and two Mexican states...

 to irrigate the territory's deserts.

To assist the territory's mining industry, the governor asked for creation of a territorial assay office
Assay office
Assay offices are institutions set up to assay precious metals, in order to protect consumers. Upon successful completion of an assay, Assay offices are institutions set up to assay (test the purity of) precious metals, in order to protect consumers. Upon successful completion of an assay, Assay...

 and proposed a refinery
Refinery
A refinery is a production facility composed of a group of chemical engineering unit processes and unit operations refining certain materials or converting raw material into products of value.-Types of refineries:Different types of refineries are as follows:...

 be built in Prescott to reduce the expense of transporting raw bullion to San Francisco.

Legislation

Governor Frémont's proposals were largely ignored by the session. They instead dealt primarily with issues affecting only individuals or limited sections of the territory. To this end an "Omnibus Divorce Bill" was passed which ending the marriages of fifteen couples. Separate bills granted divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

s to two other couples. Other legislation granted name change
Name change
Name change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law jurisdictions have loose limitations on name changes while civil law...

s to eight people.

Gambling was another popular topic. An Arizona Lottery, patterned after the Louisiana Lottery
Louisiana State Lottery Company
The Louisiana State Lottery Company was a private corporation that in the mid-19th century ran the Louisiana lottery. It was for a time the only legal lottery in the United States, and for much of that time had a very foul reputation as a swindle of the state and citizens and a repository of...

, was created. Proceeds of this lottery were supposed to offset the expense of constructing schools and other public buildings. A US$300 per quarter fee for gambling licenses, half payable to the county the other to the territory, was also imposed. Less serious was a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....

 presented by Representative J. D. Rumberg of Maricopa County
Maricopa County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*73.0% White*5.0% Black*2.1% Native American*3.5% Asian*0.2% Native Hawaiian or Pacific Islander*3.5% Two or more races*12.7% Other races*29.6% Hispanic or Latino -2000:...

, who had apparently lost a large wager on a slow pony, that would prohibit horse racing
Horse racing
Horse racing is an equestrian sport that has a long history. Archaeological records indicate that horse racing occurred in ancient Babylon, Syria, and Egypt. Both chariot and mounted horse racing were events in the ancient Greek Olympics by 648 BC...

 within the territory. Other members of the House of Representatives, realizing the proposal was likely made in jest, solemnly reported their counties were not prepared for the change and had the restriction limited to Rumberg's home county. Representative John T. Alsap
John T. Alsap
John Tabor Alsap was an American physician, lawyer, politician, and farmer active in the early days of Arizona Territory...

, also from Maricopa County, then obtained further revisions that limited the prohibition to just Rumberg's ranch. While the bill was passed by the session the resulting law was never published.

From the eastern section of Yavapai County
Yavapai County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*89.3% White*0.6% Black*1.7% Native American*0.8% Asian*0.1% Native Hawaiian or Pacific Islander*2.5% Two or more races*5.0% Other races*13.6% Hispanic or Latino -2000:...

 was created Apache County
Apache County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*23.3% White*0.2% Black*72.9% Native American*0.3% Asian*0.0% Native Hawaiian or Pacific Islander*2.0% Two or more races*1.3% Other races*5.8% Hispanic or Latino -2000:...

.
Finally, the session authorized US$2000 for Governor Frémont and Judge Charles Silent
Charles Silent
Charles Silent was a German-born American jurist who served as an Associate Justice of the Arizona Territorial Supreme Court. After leaving the bench he entered private practice and became one of Los Angeles' leading attorneys...

 to travel to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

, and lobby to have an order by Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...

 Carl Schurz
Carl Schurz
Carl Christian Schurz was a German revolutionary, American statesman and reformer, and Union Army General in the American Civil War. He was also an accomplished journalist, newspaper editor and orator, who in 1869 became the first German-born American elected to the United States Senate.His wife,...

 extending boundaries of the Gila River Indian Reservation
Gila River Indian Community
The Gila River Indian Community is an Indian reservation in the U.S. state of Arizona, lying adjacent to the south side of the city of Phoenix, within the Phoenix Metropolitan Area in Pinal and Maricopa Counties. It was established in 1859, and formally established by Congress in 1939...

 into the Salt River Valley.

Members

House of Representatives
Name District Name District
John T. Alsap
John T. Alsap
John Tabor Alsap was an American physician, lawyer, politician, and farmer active in the early days of Arizona Territory...

Maricopa W. K. Meade Pinal
John H. Behan
Johnny Behan
John Harris Behan was from April, 1881 to November, 1882 sheriff of Cochise County, Arizona Territory. Behan was appointed the first sheriff of the newly-created county in February, 1881. The mining boomtown of Tombstone was the new county seat and Behan's headquarters...

Mohave
Mohave County, Arizona
Mohave County is located in the northwestern corner of the U.S. state of Arizona. As of the 2010 census, its population was 200,186, an increase of 45,154 people since the 2000 census count of 155,032. The county seat is Kingman...

E. R. Nicoles Yavapai
W. M. Buffon Yavapai J. A. Park Yavapai
John Davis Yavapai Samuel Purdy Jr. Yuma
Thomas Fitch
Thomas Fitch (politician)
Thomas Fitch was an American laywer and politician. He defended President Brigham Young of the Church of Latter-day Saints and other church leaders when Young and his denomination were prosecuted for polygamy in 1871 and 1872...

Yavapai J. D. Rumberg Maricopa
Pat Hamilton Yavapai James Speedy Pima
A. E. Fey Pima James Stinson Yavapai
C. P. Leitch Pima Madison W. Stewart (Speaker) Pima
P. McAteer Yavapai Walter L Vail Pima
Council
Name District
Curtis Coe Bean
Curtis Coe Bean
Curtis Coe Bean was a Delegate from the Territory of Arizona.Born in Tamworth, New Hampshire, Bean moved with his mother to Gilmanton, New Hampshire upon the death of his father in 1837....

Yavapai
Yavapai County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*89.3% White*0.6% Black*1.7% Native American*0.8% Asian*0.1% Native Hawaiian or Pacific Islander*2.5% Two or more races*5.0% Other races*13.6% Hispanic or Latino -2000:...

C. H. Gray Maricopa
Maricopa County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*73.0% White*5.0% Black*2.1% Native American*3.5% Asian*0.2% Native Hawaiian or Pacific Islander*3.5% Two or more races*12.7% Other races*29.6% Hispanic or Latino -2000:...

W. S. Head Yavapai
Fred G. Hughes (President) Pima
Pima County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*74.3% White*3.5% Black*3.3% Native American*2.6% Asian*0.2% Native Hawaiian or Pacific Islander*3.7% Two or more races*12.4% Other races*34.6% Hispanic or Latino -2000:...

J. M. Kirkpatrick Pima
W. A. Rowe Yavapai
P. Thomas Pinal
Pinal County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*72.4% White*4.6% Black*5.6% Native American*1.7% Asian*0.4% Native Hawaiian or Pacific Islander*3.8% Two or more races*11.5% Other races*28.5% Hispanic or Latino -2000:...

F. D. Welcome Yuma
Yuma County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*70.4% White*2.0% Black*1.6% Native American*1.2% Asian*0.2% Native Hawaiian or Pacific Islander*3.8% Two or more races*20.8% Other races*59.7% Hispanic or Latino -2000:...

Edmund W. Wells
Edmund W. Wells
Edmund William Wells was an American jurist, businessman, and politician. Known as "Arizona's first millionaire", he was considered the richest man in Arizona during his attempt to be elected Governor. He served as Attorney General for Arizona Territory before being appointed as a judge...

Yavapai
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