13th Arizona Territorial Legislature
Encyclopedia
The 13th 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 began on January 12, 1885, in Prescott, Arizona
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's accomplishments included allocation of a variety of territorial institution including a university, normal school, prison, and insane asylum. Nicknames bestowed to the session include the "bloody thirteenth" due to fights in the halls of government and nearby saloons, and the "thieving thirteenth" due to the very large appropriations approved by this legislature.

Background

During the Apache Wars
Apache Wars
The Apache Wars were a series of armed conflicts between the United States and Apaches fought in the Southwest from 1849 to 1886, though other minor hostilities continued until as late as 1924. The Confederate Army participated in the wars during the early 1860s, for instance in Texas, before being...

, the primary source of cash for many Arizona towns was a nearby military post By the mid-1880s, subjugation of the Apache was largely completed and the settlements saw territorial institutions as an economic replacement for the forts. The territorial capital and an anticipated insane asylum were considered the best source of revenues. A potential university and normal school were considered of lesser importance with a common line of the day being, "Who ever heard of a professor buying a drink?"

The other big concern facing the territory was an influx of Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...

 settlers. About 2000 Mormon settlers had arrived in Arizona Territory during 1884, raising their totals to 5000 settlers, and their political opponents suspected the LDS Church was trying to create a large enough voting block to take over Arizona (at the time a majority of Idaho's legislature was Mormon and the church had been able to determine Wyoming's delegate to Congress). In response to the influx, five of the settlers were tried and convicted of polygamy. Political response to the convictions was largely favorable, with the New York Times writing, "This is a very good beginning. If there are among the new settlers other men who have violated the law they should be promptly prosecuted and sent to the penitentiary. In no other way can the growth of polygamy in Arizona be checked."

Prior to the legislative session, a group of 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...

 businessmen had raised a US$5,000 slush fund
Slush fund
A slush fund, colloquially, is an auxiliary monetary account or a reserve fund. However, in the context of corrupt dealings, such as those by governments or large corporations, a slush fund can have particular connotations of illegality, illegitimacy, or secrecy in regard to the use of this money...

 to lobby for the return of the territorial capital. The delegation from Pima County
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:...

 was delayed by flooding on the Salt River
Salt River (Arizona)
The Salt River is a stream in the U.S. state of Arizona. It is the largest tributary of the Gila River. The river is about long. Its drainage basin is about large. The longest of the Salt River's many tributaries is the Verde River...

, forcing a detour through Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

 and Sacramento, California
Sacramento, California
Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...

, before they could reach Prescott. While this detour was occurring, 7 of the 12 members of the Council met privately and had reached an agreement to block any legislation that would move the capital from Prescott, the penitentiary from Yuma
Yuma Territorial Prison
The Yuma Territorial Prison was a prison in the Arizona Territory of the United States and now in present day Yuma, Arizona. The Territorial Prison is one of the Yuma Crossing and Associated Sites on the National Register of Historic Places in the Yuma Crossing National Heritage Area.The site is...

, weaken anti-Mormon legislation, divide Cochise county, or create anti-railroad legislation.

Legislative session

The legislative session had been scheduled to begin on January 12, 1885, but due to delays in member's arrivals the session was unable to form a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...

 till January 19 in the House and January 21 in the Council. Among the first problems befalling the session was dealing with travel expenses. The detours taken to avoid flooding on the Salt River resulted in the members from Pima County requesting US$330 each for the 2200 miles (3,540.5 km) journey to and from Prescott. To this was added a claim by F.K. Ainsworth, a resident of Prescott, for US$225 in travel expenses under the belief he could claim a journey from any point in the territory he represented. In an effort to keep expenses under the US$25,960 authorized by the U. S. Congress for the session, Territorial Treasurer H. M. Van Arman decided to only pay members their four dollar per diem for days they actually served in the session. The legislatures compensated for this limitation by consuming a greater volume of stationery and other supplies than had been budgeted for.

During the session there were several instances of legislative violence
Legislative violence
Legislative violence broadly refers to any violent clashes between members of a legislature, often physically inside the legislature and triggered by divisive issues and tight votes...

, both within the halls of government and the nearby saloons. One such instance occurred when Council member W. C. Bridwell struck a lobbyist for the Arizona Copper Company, resulting in a bloody nose and broken glasses for the lobbyist. The lobbyist responded by challenging Bridwell to a duel
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...

. The two men were separated by mutual friends before they could decide upon appropriate weapons. Another instance involved a feud fought with bullwhip and a monkey wrench.

Governor's address

Frederick Augustus Tritle
Frederick Augustus Tritle
Frederick Augustus Tritle was an American politician, businessman, and attorney. He served as the sixth Governor of Arizona Territory and held a number of lesser government positions there and in Nevada...

 spoke to the legislature on January 24, 1885. Tritle's interest in agriculture was emphasized during the address, and he recommended the legislature ask the U.S. Congress for funds to provide funds to a geological survey designed to locate water sources within the territory along with locations suitable for creating water reservoirs. Other concerns raised included legislation to prevent Texas cattle fever from spreading to Arizona and creation of a permanent militia. Tritle also used the occasion to call for the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 to purchase land from Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

 for the purpose of providing Arizona with direct access to the Pacific ocean
Pacific Ocean
The Pacific Ocean is the largest of the Earth's oceanic divisions. It extends from the Arctic in the north to the Southern Ocean in the south, bounded by Asia and Australia in the west, and the Americas in the east.At 165.2 million square kilometres in area, this largest division of the World...

.

Legislation

The key pieces of legislation passed by the session involved allocation of various institutions throughout the territory. The 13th allowed the territorial capital remain in Prescott and Yuma kept the territorial prison. Despite claims that it would be less expensive to continue a deal allowing the territory to send mental patients to a Stockton, California
Stockton, California
Stockton, California, the seat of San Joaquin County, is the fourth-largest city in the Central Valley of the U.S. state of California. With a population of 291,707 at the 2010 census, Stockton ranks as this state's 13th largest city...

 facility at a cost to the territory of six dollars per day, Phoenix
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...

 received a US$100,000 appropriation for a new insane asylum. Funds for a new levee near 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....

 were approved along with US$12,000 for a new bridge over the Gila River
Gila River
The Gila River is a tributary of the Colorado River, 650 miles long, in the southwestern states of New Mexico and Arizona.-Description:...

 near Florence
Florence, Arizona
-Demographics:As of the census of 2000, there were 17,054 people, 2,226 households, and 1,540 families residing in the town. The population density was 2,056.2 people per square mile . There were 3,216 housing units at an average density of 387.7 per square mile...

. An allocation of US$5,000 was made for a normal school
Normal school
A normal school is a school created to train high school graduates to be teachers. Its purpose is to establish teaching standards or norms, hence its name...

 in Tempe
Tempe, Arizona
Tempe is a city in Maricopa County, Arizona, USA, with the Census Bureau reporting a 2010 population of 161,719. The city is named after the Vale of Tempe in Greece. Tempe is located in the East Valley section of metropolitan Phoenix; it is bordered by Phoenix and Guadalupe on the west, Scottsdale...

.

Upon seeing the other political plums already picked, Selim M. Franklin made an appeal near the end of the session to locate a university in 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...

 saying, "We have been called the Fighting Thirteenth, the Bloody Thirteenth and the Thieving Thirteenth. We have deserved these names and we know it. ... Here is an opportunity to wash away our sins. Let us establish an institution of learning, where for all time to come the youth of the land may learn to become better citizens than we are, and all our shortcomings will be forgotten in a misty past and we will be remembered for this one great achievement."

Other actions taken by the session included authorizing US$292,000 in bonds for a railroad connecting Prescott to the Atlantic and Pacific Railroad
Atlantic and Pacific Railroad
The Atlantic and Pacific Railroad was a U.S. railroad that owned or operated two disjoint segments, one connecting St. Louis, Missouri with Tulsa, Oklahoma, and the other connecting Albuquerque, New Mexico with Southern California. It was incorporated by the U.S. Congress in 1866 as a...

 and US$200,000 in bonds for a rail link from Phoenix to the Southern Pacific line in Maricopa
Maricopa, Arizona
-Surrounding Municipalities:-Demographics:As of the census of 2010, there were 43,482 people, 14,359 households, and 11,110 families residing in the city. The population density was 1,356.8 people per square mile . There were 17,240 housing units at an average density of 540.4 per square mile...

. A bill to reinstate a bullion tax was rejected and a proposal to create the County of Sierra Bonita, with Wilcox as the county seat, was rejected by a single vote.

Aftermath

Following the close of the legislative session there were a number of events that occurred because of the session. As part of the bills authorizing creation of the university and normal school, each receiving community was required to donate a plot of land for the new schools. Tempe enthusiastically accepted the normal school and arranged for the needed 20 acre (0.0809372 km²); the Tempe Normal School eventually expanded, ending up as Arizona State University
Arizona State University
Arizona State University is a public research university located in the Phoenix Metropolitan Area of the State of Arizona...

. Tucson was much less enthusiastic about receiving the university and if not for two gamblers and a saloon keeper donating 40 acre (0.1618744 km²) east of the town for campus, the town would have allowed the university authorization to expire. The University of Arizona
University of Arizona
The University of Arizona is a land-grant and space-grant public institution of higher education and research located in Tucson, Arizona, United States. The University of Arizona was the first university in the state of Arizona, founded in 1885...

 remains in Tucson to this day. After completion of the bridge near Florence, the Gila shifted course away from the bridge site.

Several investigation into events of legislative session were conducted. A federal grand jury in Tucson found the 13th Arizona Territorial Legislature exceeded the $4000 legal limitation for operating expenses by $46,744.50. A latter grand jury meeting in Prescott reported the legislature had authorized US$19,967 in printing expenses and spent US$3,076.90 to deliver territorial newspapers to legislators. The session was also found to have exceeded federal staffing limitations by employing fifty-one clerks, eight janitors, and four pages.

Members

House of Representatives
Name County Name County
E. W. Aram Pima L. P. Nash Yavapai
J. S. Armstrong Maricopa W. F. Nichols Cochise
D. J Brannen Yavapai Hugh Percy Cochise
G. W. Brown Pima DeForest Porter
DeForest Porter
DeForest Porter was an American jurist and politician who served as Associate Justice on the Arizona Territorial Supreme Court from 1872 till 1882 and as Mayor of Phoenix, Arizona Territory from 1886 till 1888....

 
Maricopa
Julius A. Brown Yavapai Samuel Purdy Jr. Yuma
Robert Connell Yavapai E. W. Risley Pima
W. F. Frame Cochise W. H. Robbins Yavapai
S. M. Franklin Pima H. G. Rollins (Speaker) Pima
J. D. Houck Apache Levi Ruggles Pinal
T. T. Hunter Cochise James Sias Graham
William Imus Mohave D. K. Wardwell Cochise
Luther Martin Apache W. C. Watkins Gila
Council
Name County
F. K. Aimsworth (President) Northern District
Alonzo Bailey Gila
Gila County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*76.8% White*0.4% Black*14.8% Native American*0.5% Asian*0.1% Native Hawaiian or Pacific Islander*2.0% Two or more races*5.4% Other races*17.9% Hispanic or Latino -2000:...

W. C. Bridwell Graham
Graham County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*72.1% White*1.8% Black*14.4% Native American*0.5% Asian*0.1% Native Hawaiian or Pacific Islander*2.8% Two or more races*8.3% Other races*30.4% Hispanic or Latino -2000:...

J. W. Dorrington 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:...

W. A. Harwood Cochise
Cochise County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*78.5% White*4.2% Black*1.2% Native American*1.9% Asian*0.3% Native Hawaiian or Pacific Islander*4.0% Two or more races*9.6% Other races*32.4% Hispanic or Latino -2000:...

John Howell 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...

R. N Leatherwood 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:...

C. C. Stevens Southern District
W. G. Stewart 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:...

E. S. Stover Apache
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:...

R. B. Todd 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:...

Thomas Weedin 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:...

  • The Northern District was composed of Apache, Maricopa, Mohave, Yuma, and Yavapai counties, while the Southern District encompassed Cochise, Gila, Graham, Pima, and Pinal counties.
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