Arizona Republic from Phoenix, Arizona on February 10, 1952 · Page 12
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Arizona Republic from Phoenix, Arizona · Page 12

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Sunday, February 10, 1952
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KEPUBLfC MAIL- CITY Sunday, February 10, 1952. Arizona The Arizona Republic, Phoenix, Arizona (Section V)' Page 3 Train-Stopping Lawyer Sets Precedent For Old Arizonans History Of Statehood IsFilledWithStrife By ROSCOE G. WILLSON r- rh lI 1Q19 f in a m Toe William Wnward Taft. the SOfl By CLYDE THRELKELD "The only legal precedent I ever set, if such it could be called, was how to stop a Santa Fe limited train," Elias S. Clark, veteran Arizona attorney recalled reviewing almost 60 years of lawyering. That precedent was established half a century ago at Hol-torook in the days of the district courts. Arizona, until statehood in 1912, was divided into four judicial districts. The judge in each district held court periodically in each county seat in his district . , Clark, who will be 90 June 17, with other attorneys in Northern Arizona, had gone to St Johns in. Apache County for a session of the district court. The trip from Holbrook, closest railhead, to St Johns was made by stage coach, buckboard, or horseback. RETURNING from St Johns on this occasion with several other attorneys two were attorneys for the Santa Fe Railroad Clark arrived in Holbrook after the only passenger came to Arizona In 1880. The 18-year-old youth didn't stay - long, but went to New Mexico. In 1883 ,he returned to the Arizona territory to remain. He had a government license to trade with the Indians. He went to Fort Defiance, where D. M. Riordan, who later went into the lumber mill business in. Flagstaff, was the Indian agent A lasting friendship was formed when Clark took over the job of making out Riordan's reports to the Indian, bureau. f Housing for government employes at Fort ; Defiance then was abominable, Clark said. The houses were mere hovels with warped floors. Later Riordan married and brought his bride - to Fort Defiance. "HE MADE A statement, Tve never forgotten," Clark said. "No decent man," Riordan said, "would put a jackass in ' these hovers. Over at Fort Wingate, the army mules have better stables that the government furnishes1 its help here at ? Fort Defiance." In 1886, Clark married Ida ' ' ' ..a--' t 'P?-, i SCjtJtm .. . Tank Trans These rock formations are typical of the ruggefl beauty seen on r a hike into the Superstition Mountains. Legend is that these are Indians turned to stone fthen they disobeyed the gods while trying to find safety from flood waters. The mountains are named because of Indians' beliefs that gods inhabited the storm-wracked crags. This Week's Hike Superstition Mountains Trip Features Mystery, Scenery lican. Clark had been reading law during his clerkship. IN 1893, AT the instigation of Judge Wells, Clark decided to take the bar examination. Three of the toughest examiners in the territory were named to examine Clark. They were Harrison Baldwin, John Herndon, and Tom Norris. Written examinations took time, so the procedure then was to quiz the applicant orally. One of the examiners wanted to question Clark. The other two said he could if he wanted to, but they were going to pass him without questioning. Soen after Clark hung up his shingle, a Coconino County cowman, who had been charged by a big cattle outfit with tampering with its brand, came to Clark, wanting him for his at-" torney. Clark said he was scared to death and was figuring how he could worm out of taking the case. The cowman would accept no excuses. Clark said he thought the best way was to fix the fee so high that the cowman would refuse. Clark said his fee would be $300. "Darned if old Bill didn't walk over to the desk and count out the money, and I was stuck with my first case. I still don't know how I won the case, but I did. Fooling with that cattle outfit's brand was a sure ticket to the pen." THOSE COWMEN, even thwugh their operations were nefarious, Clark said, possessed one virtue they had money and were willing to pay cash on the barrel to be defended. "On the reputation I gained on that first case," Clark explained, "I got all the cowmen's cases. I never lost a single one." Clark recalled that in 1896 he was nominated against his wishes for county attorney of Coconino County and went out to his first client's ranch seeking votes. "What! You runnin' for county attorney?" old Bill shouted. "Well, you won't get any votes, from us cowmen. You know too much about us." "I WAS ELECTED," Clark said, "but I didn't get any votes from those clients." Around the turn of the century Clark moved to Prescott and in 1902 was elected county attorney of Yavapai County. In 1904, when Joseph H. Kibbey of Phoenix was appointed governor of Arizona a job which he didn't want, but finally accepted he named Clark attorney-general, even though Clark didn't want the position. Clark held the job until 1909, when Kibbey retired. Clark moved to Phoenix in 1920. He was the first tenant in the Heard Building. Only other tenant when Clark opened his law office on the sixth floor was the Arizona Republican press in the basement It had been moved several weeks before the rest of the newspaper plant was moved piecemeal into the new building from Second Street and 'East Adams. Somehow; the pieces of plaster and other building material in the halls of the Heard Building, which still was far from complete, didn't bother Clark. He managed to open his law practice in Phoenix in spite of the confusion. A PRIZED possession of Judge Clark, as he is known, is the 50-year award given him last September by the Maricopa County Bar Association in recognition of more than 50 years of legal practice in Arizona. "You know," Clark said, "I have never been able to figure why the Santa Fe raised such a ruckus about stopping that limited train." f Alphonso Taft and Louise Maria Torrey, signed a bill that ended a 49-year territorial regime and made Arizona a sovereign state. The 40th anniversary of our statehood occurs this Thursday, and since probably not more than 10 per cent of our present population was here 40 years ago, the story of our long continued struggle for and final attainment of a star in the national flag should be of general interest. When, on Feb. 24, 1863, the act creating the Territory of Arizona became effective, there probably were not more than 3,000 white persons in the area, since at the first election held on July 18, 1864, there were only 885 votes cast. In 1910, two years before we acquired statehood, the census showed a population of a little over 200,000. STARTING' WITH A bill Introduced In congress In 1883, by our territorial delegate,- Grant Oury, a continuous fight for statehood was waged,, but apparently for many years the party in power kept us out because we would vote in the wrong column. In 1890, when our population was 88,000, Idaho, with almost exactly the same number of inhabitants, and Wyoming with only 62,-000, were admitted to the union. Immediately there was great indignation in Arizona, because with a population equal to that of Idaho and greater than Wyoming's, we had been given no consideration by congress. The result was an election in May of 1891 for delegates to a constitutional convention which was composed of 21 leading citizens of the territory. It met in Phoenix in September, and wjth the guidance of Gov. John N. Irwin it completed work on October 2. The constitution then was passed on to the people, who ratified it by a vote of 5,440 to 2,282. There were great expectations of favorable action by congress and considerable skirmishing about offices of senator and congressman. It was labor lost, however, since congress gave it scant, if any, consideration. IS 1893 A DELEGATION headed by Gov. N. Oaks Murphy went to Washington to appeal personally for statehood, without getting anywhere. Then for eight years nothing but legislative memorials and personal appeals for statehood were received by congress. In 1902, however, the jam began to loosen when the house passed a bill for admission of Arizona, New Mexico, and Oklahoma, but the senate adjourned without acting on it. Senator Beveridge and a party of colleagues visited Arizona and returned to Washington firm in the belief that Arizona should be admitted, only if tied to New Mexico. Thus began the joint statehood idea. In 1903 William Randolph Hearst and a group of congressmen visted the Southwest to look into the statehood situation. In 1905 Congressman Twney headed an investigation committee and returned to Washington to vote later for joint statehood with New Mexico. THE MAJORITY of Arizonans were opposed to joint statehood, ven though it was proposed to call the new state Arizona. There were, however, a few who were willing to gain statehood at any price, shown by the fact that the council of the Arizona legislature in 1903 endorsed the proposal and telegraphed our delegate, Mark Smith, to that effect. On learning of this action the house unanimously and angrily voted against it and notified Smith of their action. ,. It was a foregone conclusion that New Mexico would vote favor- ably for joint statehood, and Arizona would oppose it. Congress itself was in a wrangle over the matter, with Senator Beveridge leading forces to combine the two territories, and Senator Foraker upholding Arizona's stand for single blessedness. Finally, in January, 1906, a bill passed the house of congress to Join Arizona and New Mexico as one state, but Foraker, in the senate succeeded in amending it to provide that the two territories should be allowed to ballot concerning their desires. UNTIL THE balloting at the regular election In November, 1906, the battle was on. Speakers stumped both territories, and newspapers took up the cry. In New Mexico the papers were almost solidly for joint statehood, while in Arizona they were all against it with the single exception of Col. Allen T. Bird's Nogales Oasis. Bird was sincere in his belief and thought it would be a wonderful thing to have a state, nearly as large as Texas, named Arizona. , At the November election the matter was settled. Arizona voted 3,141 for joint statehood and 16,265 against it. New Mexico voted 26,195 for, and 14,736 against. The combined ballots gave a majority of 1,664 against joint statehood. For some time congress made no further move In the matter. President Taft paid us a visit in 1909, and in June 1910 both houses of congress passed a bill giving Arizona and New Mexico separate statehood. This was greeted by celebrations in every Arizona community. In September, 1910, 54 delegates were elected to draw up the state constitution, and then went to work on Oct 10, under the presidency of George W. P. Hunt, with Mulford Winsor as chairman of the rules and procedure committee. TWO MONTHS later, on Dec. 10, 1910, they completed the historic document, which was signed by 41 members. Regrettably, 11 members refused to sign unless permitted to add "I disapprove" to their names. The majority would not allow this, however, consequently their names did not appear as signers. The document was notable for its so-called progressive measures, such as the initiative referendum and recall, yet oldfashioned enough to slap down women's suffrage by declaring that an elector must be a male citizen. On Feb. 9, 1911, the people of Arizona ratified the constitution by a vote of 12,187 for, and 3,302 against. Then, as feared, President Taft turned it down principally because its recall feature included judges. A compromise was arranged, whereby Taft agreed to sign the statehood bill if the recall feature was eliminated. AS A RESULT of this, Governor Sloan called for a primary election on Oct. 24, and a general election on December 12, 1911, at which officials for the new state were to be selected and the recall feature voted on. With tongue in cheek, the electorate eliminated the recall from the constitution,. knowing full well that it would be restored at the first general election following statehood. Then Taft signed our emancipation bill, and we became sovereigns of our own destiny on Valentine's Day, Feb. 14, 1912. There were many elderly persons in Arizona at the time whose residence in a territory had disqualified them to vote for a president I, myself, ha4 passed my 33rd birthday before I was qualified to cast a vote for president THE STRUGGLE for statehood had been a long one. We were emotionally worn out by it so there were no particularly jubilant celebrations of the event As was expected, when the general election came in November of 1912, we voted the recall right back into the constitution, and Needle, I recommend that you stop. There is a small mesa a few hundred yards to your right and north which gives you a better view of the needle and surrounding country and affords a nice place to eat lunch. There is , no water on this mesa. If you are familiar with the country or have good maps and know how to read thenvyou may continue to the needle (which actually has a double top) and on through Garden Valley to First Water Ranch off the Apache Trail. There are other trails throughout this area, too, but unless you know your stuff, don't try them. While you're viewing and photographing the needle, glance around. In the, distance, east-southeast, is Picket Post A little north of that the smoke of Superior can be seen on some days. Iron Mountain is in the distance to the east. This is the spot in which the plane carrying army cadets crashed after Christmas. Geronimo's Head is north, not too far distant, with Four Peaks directly in back of it THE MESA ON which you rest still is about two 'miles from Weaver's Needle. There is a trail to the very top of the needle, with iron spikes used part of the way. Highest peak of the Superstitions is 5,053 feet above sea level. The Dons trek into these mountains will be March 9. From experience I can say that if you enjoy the outdoors and the lore of the West, you will not be dis- appointed by taking the- trek with them. Will Is Written On Old Checkbook MEMPHIS, Tenn., Feb. 9 (UP) M. F. Fanduward disposed of an estate valued at "more than $10,-000" with 15 words written on the cover of a check book. It was Fanduward's will, which read: "I leave everything I own to my wife, Annie, to do with as she pleases." By GORDON SHEPARD No series of hikes in Central Arizona would be complete without one into the Superstition Mountains. So much has been published on this area, both in book form and in periodicals, that it would be repetition to go into it here. Tales of the Lost Dutchman Mine, and the Lost Spanish Mines, with their attendant mysteries are repeated day after day. Those mysteries or legends and the beautiful scenery of the trek itself are what make it so intriguing as a hike. Whether there are hidden mines, or ever were, I reserve my opinion. I have talked with many who are convinced the gold was there and still is. On the other hand, I can produce a large number of men who claim there is nothing to the story. The odd thing about these is that they all have proof, and it all varies. I recommend this hike for its rugged beauty. It is a moderately rough hike for experienced hikers, but not too rough for anyone in good health with a, reasonable amount of common sense and guts. THERE IS NO easy way to get into the Superstitions except by horseback or helicopter. This trail I am about to describe, I believe, is the best for, all 'round use. I have been over it twice. Latest trip was made as guest of a national honorary geographic fraternity's Tempe college chapter. Gamma Theta Upsilon. There were 13 of us, including three women. All made the trip without collapsing, and we went considerably farther than I recommend you go today. To drive there from Phoenix take Highways 60, 70, 80, and 89 east through Tempe and Mesa. At Apache Junction take your speedometer reading and continue on highways. In 8.1 miles, shortly after you pass the King's Ranch road, you will come to the Superstition Mountains marker on the right side of the road. Turn left here across a cattle guard, and follow the main dirt road two miles to a gate. Open the gate and continue 3.4 miles to a fork in the road with a sign reading, "Linesba Place 2 miles." Take the left fork and follow 1.5 miles to a forest service gate. Open it and continue a few hundred yards to parking area where the Dons have their base camp each year. On this last stretch you will pass within a few feet of a white house. The road is open to the public. This drive from the main highway, especially the last few miles, is through a beautiful saguaro forest IT IS THE RULE of the range to close all gates behind you, if they are closed when you find them. From the parking area the trail runs north up Peralta Canyon. It is the Dons Club forest service trail. It is not hard to follow, but it helps you to stay on it if you keep glancing from 10 to 75 feet ahead as you walk along. There are a few places, especially on the last half, in which you must watch your step pretty closely. Take frequent rests and soak up the scenery. It's about 3M miles to the top, and, for a tyro, a fairly hard climb. Don't rush take your time and enjoy it Step over rocks instead of on top of them. This saves lifting your weight a few Inches each time you do, and in the course of the hike you will save your leg muscles lifting several tons several feet Don't step over a rock, of course, if you can't see the ground on the other side. This is a precaution against bad tumbles and snake bites. Clip your toenails before starting. You are fortunate to be going during this wet season. There is a nice bit of water running down the canyon, and it will continue until into the summer. The sight and sound of running water will add pleasure to your trip, and it is drinkable. At least we all drank it. WHEN YOU GET to the top, where you can see Weaver's CLARK Coffin of Leavenworth, Kans., and went to Flagstaff to live. Coconino County was created from Yavapai County, and Judge John J. Hawkins, the district judge for the Fourth Arizona Judicial District, a staunch Democrat, named Clark as his clerk in Flagstaff. This was unusual, since Clark was an equally staunch Republican. When E. W. Wells succeeded Hawkins as district judge, he kept Clark as his clerk. Wells was a Repub Arizona anglers are entering u ajo sportsman's club's whopper contest- BUT THEVARE BRINGING FISH INSTEAP OF FISH STORIES. YOU MEAN I PON T A Wm ( HAVE TO BRING IT IN ) V J122 FROWPHOEUIX, THE SAME-STILL fTfSV? HUH ? ONE OP 1 W0 COLCMX) SIVEK WATER- WsiJikwA MY FAVORITE TOWNS f PERPECT WIWTB? WE5THE& jrvy A - HOW'S EVERYTHING k - WIWWIE RU1H BUSTEP ) Do-SI-POERS PROA ALL OVER SOUTHWEST WILL CONVERSE OM PHOENIX FRIPAV SATURPAV R0R THE 5& ANNUAL SQUARE PANCE FESTIVALS FIPPLERS JAMBOREE, SPONSORED BY THE REPUBLIC M THE VALLEY OF-Jfe &M ELIAS S. train that stopped there had gone. Clark had to be in Pres-cott the next day. The pair of railroad attorneys, John Mason Ross and Paul Burns, both living in Prescott, said they had no power to stop the limited. The station agent told Clark the limited would stop at Holbrook only to pick up high military officers or the governor of the territory. Inadvertently, the, agent let slip the fact the limited would stop to pick up a registered mail package. Clark got a large hat box at the general store in Holbrook filled it with paper and excelsior, and addressed it to an old friend who had a cattle ranch near Prescott Then he took it over to the post office and registered it Louis E. Divelbess, father of two Arizona attorneys now practicing in the state, was postmaster. He fell in with Clark's scheme to stop the limited. The mail fees on the box, which Clark recalls, was big enough to hold twin babies comfortably, was 70 cents. WHEN THE STATION agent came to the post office to get the mail, he set up a squawk about the registered package. He avowed he wasn't going to pull the red board against the limited. Clark, backed up by Divelbess, pointed out the government would fine the railroad company "$15,000 for refusing to pick up a registered package, thus delaying its transportation. Finally the station agent said he would stop the limited. Meanwhile, the two railroad attorneys had gone to the hotel to await the train next day. The limited stopped for the package. Clark climbed aboard. When he got to Prescott next morning, the wives of the two railroad attorneys were there. They, wanted to know how come their spouses didn't accompany Clark. Clark told them their husbands had been asleep In the hotel when the limited picked him up. "From the looks on the faces of those two women," Clark chuckled, "I bet they had a helluva time explaining." That precedent-making episode had a number of repercussions, Olark recalled. Besides getting the two railroad attorneys in the doghouse, he received dozens of letters in the next few months from high railroad brass about' the matter. "FUNNY THING, Clark said, "the postal department never even took cognizance of the matter." When the rancher got the box that had been addressed to him, he was riled, Clark said. He accused the postal department and the government of stealing the contents of the box. Later, Clark explained, and the cowman's Ire was quenched with a drink. 1 Clark, native of Maine, firs4 SQUARE PANCERS . jp lVIlt THISI'S I70SSS 'Mki TKS:?S TKAH J02T SWTEK0C3 f fel WITK KStt MIXXO -JOIST X I M , , - .... I ? Arizona 26 chapters 4 epsilon sigma alpha wild Hap A BIG OPEN-TOTHE-PU0UC MARPI 5RAS SATURPAYTrE SHRINE WITH GAMES, DANCING, PRIZES, COOP ANPUN THE PROGRAM. B Mr 1 trt'VUL, M j&EuULAg EVENTS m NOVELTY ( I PONT LI K TO bt WHkKfc , NUMBERS ARE PLANWEP FOR- I'M GOING IT ' THUNPERSIRP SKI MEET SCARES ME saturpaynextsukipaV ?r-fc THE ARIZONA SNOW BOWL, j Sjfx 1 AVENUE BETWEEN GLENPALE MORIHERKt KfcWX TO A. K. 0. j AT-WS'LL SEWP BUMPY OUT TO LOOK INTO IT. P thumbed our noses at Taft by giving both Teddy Roosevelt and Wilson, a much heavier vote than Taft got Even Debs, socialist candidate, beat Taft To make amends to the ladies for failure to enfranchise them In the constitution a referendum measure that year elected them by a vote of 13,000 to 6,000. Since that day, 40 years ago, when we became a state, automobiles, airplanes, radios, cinemas, automatic kitchens, baby sitters, cocktail lounges, synthetic cowboys, and a host of other strange and vtanderful things have entered our ljpes, and Arizona, except for the " sflnery and natural features, has cftinged unbelievably. A 4

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