Decades of Change at Fort Grant

officers housing
Officer’s housing at Fort Grant

Fort Grant was established as a United States Cavalry Post in 1872. (Yes, it was named after the Union General and 18th President Ulysses S. Grant.) Positioned at the base of Mount Graham in Graham County and next to a stream of spring water, it became a supply and operations base for the military during the Indian Wars in Arizona, in particular the pursuit and eventual surrender of Geronimo in 1886.

Image of soldiers and families at Fort Grant
Soldiers & families during the Indian Wars, 1890

In 1888 it housed the Buffalo Soldiers of the 10th Cavalry, who were assigned to civil duties and chasing bank robbers. In 1900 it was used as a staging point for soldiers on their way to the Philippines to fight in the Spanish-American War. In 1905 Fort Grant was left to a caretaker and the soldiers were transferred to Fort Huachuca in Sierra Vista.

Image of the mess hall at Fort Grant Industrial School
Mess hall, 1930s

Upon Statehood in 1912, the federal government deeded the site and approximately 4000 surrounding acres to the new State of Arizona to be used as the State Industrial School for Wayward Boys and Girls. Arizona transferred the Industrial School at Benson to Fort Grant to form the Arizona State Industrial School for delinquent boys.

Image of female students at Fort Grant School
Girls who were students at Fort Grant School, ca. 1912

Soon after, girls were housed there too. Children as young as 8 were committed to the Industrial School, often because of neglect or abandonment.

Image of beds in the dorm room at Fort Grant
Dorm room, ca. 1912

In 1941, the Legislature adopted the State Juvenile Code, (Laws 1941, Chapter 80), which made important changes to the laws affecting children. It provided that a child could be committed to the Industrial School only by court order. Children younger than 12 could not be sent to the Industrial School, unless the court made findings that it was in the interest of the child and the welfare of the community. In addition, the Board of Directors of state institutions for juveniles had the discretion to release a child. Adjudication of a juvenile was not a criminal conviction unless the court ordered criminal prosecution, and the juvenile records were destroyed if the juvenile was not convicted of another offense. By 1944, vocational training was part of the rehabilitation program at the Industrial School. Recreation, sports, and a school band program were added later.

A Progress Report was published in 1964 describing the rehabilitation efforts of boys committed to the Industrial School and statistics. By this time, girls were housed firls dormitoryseparately, at the Good Shepherd School for Girls in Phoenix.

The Fort Grant Industrial School became part of the state Department of Corrections in 1968, (Laws 1968, Chapter 198) but continued to operate as a school for juveniles.

One of the most notorious incidents out of the Fort Grant Industrial School started on August 19, 1971,  when two 17-year-olds from the Industrial School escaped and, along with one of their brothers, went on a crime spree. The three were armed. They beat and abandoned an Arizona Highway Department employee to steal his car, robbed a service station and beat the attendant, shot a Sheriff’s deputy in the face, and beat a woman and killed a neighbor who rushed to help her.

To learn more about Fort Grant and the State Industrial School, you can read the History of Fort Grant, 1872-1990 or The History of Fort Grant 1872-1972, which was published to celebrate the Centennial of the establishment of Fort Grant.

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That Was Then, This Is Now: Arizona Criminal Code

It just got easier to research the historic criminal statutes through our online resources!

Here’s a primer.

Jail cell

 

The current criminal code is based on a massive reorganization that was adopted by the Legislature in 1977.  (Laws 1977, Chapter 142).  The omnibus bill became effective on October 1, 1978.

The next year, the Legislature updated the new criminal code with another huge criminal code bill. (Laws 1978, Chapter 201). The 1978 bill became effective on October 1, 1978, the same date as the one adopted the prior year.

 

1978

Legislative work on this revision had started several years earlier. It was referenced in the Message of Governor Williams at the opening of the Legislature in 1973 on page 38 of the 1973 Session Laws.

Williams

The legislators on the Criminal Code Revision Committee were the Executive Committee members of the Legislative Council, namely Speaker Akers, Representatives Barr and Brown, and Senators Kay, King, and Thompson. (1973 House Journal, page 562).

Committee

The Legislative Criminal Code Revision Committee led to the appointment of a panel comprised of judges, prosecutors, legislators, police, and other members representing the court system and the public. This blue-ribbon panel, named the Criminal Code Revision Commission, produced a report that was published in 1975.

Howell code

The State of Arizona Research Library also has a digital copy on the Arizona Memory Project of the binder of resources considered by the Commission, including drafting committee minutes and worksheets.

If you are looking for the criminal statutes that pre-dated the 1978 Criminal Code, we have the Howell Code, which was the first compilation of laws of the Territory of Arizona. It was adopted in 1864 by the First Territorial Legislature. Take a look to see if your impression of the Wild West is historically accurate!

We also have the codes and Session Laws that followed the Howell Code, from territorial days to Statehood and up to the present. Our collection includes the superseded editions of the Arizona Revised Statutes.

Contact us or call us at 602-926-3870 for help with locating these or other items related to your research.

If it’s true, I can still say it, right?

Libel typed onto a typewriter page

Criminal law in Arizona used to include a prohibition against libel, punished with jail time or a fine. This may be surprising, since Arizona’s Constitution recognizes freedom of speech. Article 2, Section 6 states:

Freedom of speech and press
Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.

 

Howell Code

 

The criminal libel provision began long before Statehood. The Howell Code, adopted by the First Territorial Legislature in 1864, made libel a crime. Unless the jury decided the statement true. Under the Division of “Offenses against the Public Peace and Tranquility” it stated:

Libel

Criminal libel was still the law when the Penal Code was published in 1901. It was found at Chapter X on Libel, Sections 220-229. Section 221 stated:

Every person who willfully and with malicious intent to injure another, publishes or procures to be published, any libel, is punishable by fine not exceeding five thousand dollars or imprisonment in the territorial prison not exceeding one year.

The law continued to appear after Statehood in 1912. Similar provisions to those in the 1901 Penal Code were included in the 1913 Penal Code at Sections 221-230, in the 1928 Revised Statutes of Arizona at Sections 4617-4622, the 1939 Arizona Code at Sections 43-3501 through 43-3506, the 1952 Supplement to the 1939 Arizona Code, and the first compilation of the Arizona Revised Statutes in 1956 at A.R.S. 13-351 through 13-359.

Criminal libel was part of the criminal code until it was repealed in the reorganization of the Criminal Code in 1977.

Repeal

In the meantime, a civil action for libel and slander had been created. Laws 1953, Chapter 96, Section 1 created a cause of action in tort for “libel, slander, invasion of privacy, or any other tort founded upon publication”.  libel2Libel3

A similar provision is still on the books, at Arizona Revised Statutes Section 12-651, which recognizes a single cause of action for damages for “libel, slander, invasion of privacy or any other tort founded upon a single publication, exhibition or utterance…”

yell

 

So let’s be careful of what we say. We won’t wind up in jail, but we could end up in court.

 

 

Happy Birthday, Pluto!

pluto numbers

On February 18th, Pluto turns 89 years old- well, the discovery of Pluto anyway! This controversial planet/not planet/dwarf planet was discovered in our very own backyard, in Flagstaff, Arizona at the Lowell Observatory. A young, 23-year-old Clyde Tombaugh discovered the small planet 14 years after Percival Lowell passed away- Lowell working desperately to discover ‘Planet X’. The method in which Tombaugh spotted the planet is fascinating and can be read about here.

 

pluto

Tombaugh was originally from Streator, Illinois, but graduated with his bachelor and master’s degrees in astronomy from the University of Kansas- but not until 8 years AFTER his discovery! Tombaugh is credited for discovering numerous asteroids as well. Four years before the discovery, he was building homemade telescopes in his parents’ farm field. He began working at the Lowell Observatory after he sent them drawings of Jupiter and Mars. After graduating from Kansas, he returned to Arizona where he taught naval navigation at Northern Arizona University during World War II. He retired from New Mexico State University in 1973 where he taught astronomy.

 

pluto harvardThe discovery was exciting news, especially during the Great Depression. News made its way around the world, with telegrams being sent from observatory to observatory, news outlet to news outlet.

 

pluto letter

 

The name Pluto was chosen after a competition was created seeking suggestions. The winner would win about $480 USD (in today’s dollars). Lowell Observatory received over 1,000 suggestions, but 11-year-old Venetia Burney from Oxford, England would win with her suggestion of Pluto.

 

 

 

pluto vebtia

 

The discovery was a proud moment for Arizona and arguably helped solidify Arizona and its Universities as players in the space race, astronomy, and geosciences.

Want more?

If you are interested in diving a little deeper into Pluto’s discovery, the Lowell Observatory, or astronomy in general, check out the two collections on the Arizona Memory Project created by the Lowell Observatory (a third is in the works!).

 

pluto researchWe also have a Research Topic page with additional links: Discovering Pluto at Lowell Observatory, which is in the process of being updated.

 

pluto gale

Our Gale Science in Context database also has several resources on Pluto and other planets.

 

pluto observatory

 

On Reading Arizona, our free online e-book library, you can find the book “Observatories of the Southwest“, which includes information about major observatories of the region, including Arizona’s Kitt Peak National Observatory and Lowell Observatory.

 

 

 

pluto booksAnd our Arizona Collection and State Publications have SEVERAL University of Arizona Press books about Pluto, which can be viewed in our Reading Room or requested via interlibrary loan from your local public library.

And we even have a book by Tombaugh himself: Out of the Darkness, the Planet Pluto.

 

Happy birthday, Pluto!

And happy researching!

New Arizona Historic Newspapers Now Online!

Two historic Arizona newspapers, the Winslow Mail (Winslow, AZ) and El Mosquito (Tucson, AZ), are now available to the public on the Library of Congress’ Chronicling America website. The newspapers represent the first 10,000 pages of over 100,000 pages to be digitized through a grant from the National Endowment for the Humanities (NEH) as part of the National Digital Newspaper Program (NDNP).

Winslow MailThe Winslow Mail delivered general news of northern Arizona and the Santa Fe Railway, as well as ranching and agricultural news. It is now available online from 1897 to 1926.

In 1897, John F. Wallace was the editor and publisher. Known fondly as “Uncle Jimmy,” Wallace participated in local politics, and his political interests permeated the Mail. After 1901, the Winslow Mail shifted hands several times. Owners and editors included Lloyd C. Henning from the Holbrook Argus and L.V. Root, a former editor of the Needles Nugget in California. The Winslow Mail was published for 113 years, ceasing operations in 2007.

El Mosquito

 

El Mosquito, was a weekly Spanish-language newspaper helmed by editor and publisher Felipe Hale. It delivered general local news, news from Mexico, and humorous columns to its Tucson, Arizona audience. It was also known for its sharp tongue and lively writing. Its slogan, appearing in its first few years of publication, was “Pica, pero no hace roncha” (“It stings, but it doesn’t leave a mark.”) El Mosquito ran from 1919-1925, the paper’s entire run is available online.

In 2017, the Arizona State Library, Archives and Public Records received a grant as part of the National Digital Newspaper Program to begin this digitization work. The newspapers will also be available on the Arizona Memory Project website in the near future.

The State of Arizona Research Library is excited to make these historic newspapers digitally available to the public. Look for additional newspaper titles to be available online soon!

Searching Legislative History

One of the most common requests we get at the State of Arizona Research Library is how to research the legislative history of a particular law. How did it come into existence? Who originally came up with the idea for the law? How long did it take to pass? When did it pass? And has it changed since that time?

Our amazing law librarian has come up with this helpful “cheat sheet” of information on how to perform a legislative history. Use it, print it, share it all you like. If you still find yourself stuck or can’t find it online, contact us! We have a lot more material in our physical collection that may be helpful as well.

journal of the house

How To Start

Find the statute in the print Arizona Revised Statute (A.R.S.) annotated or an annotated online source. Look for “added by” for the 1st time it was enacted. If it says “amended by,” there’s an earlier enactment. Look for it in the superseded A.R.S.

Determine the Year

Is it Before 1997? 

  1. Find the Session Laws. Session Laws are the enacted version of the legislation. Jot down the bill number, found after the chapter number.
  2. Check the bill file. The State of Arizona Research Library has these bill files on microfilm:
  • Senate bills between 1969 and 1990.
  • House bills between 1971 and 1994.
  • After those dates but before 1997, call the Clerk of the House of Representatives at 602-926-3032 or the Senate Resource Center at 602-926-3559.

Before the late 1960’s, the bill file probably doesn’t exist, as most were destroyed in a flood. Your issue may be in the History of the Arizona State Legislature 1912-1967 which included an analysis of major issues, debate, & news coverage by session. It is now on microfiche in the Reading Room but soon it will be digitized! Thank you, Library Services and Technology Act!

  1. Use the bill number to check Journals from the Arizona House and Senate. Start by finding the bill number in the index at the end of the volume. Then check each cited page for legislative process and committees that heard the bill. Journals may have text of amendments, floor speeches, & conference committee info. There will be different information in the Journal of each chamber, so be sure to check both!

 

Is it 1989 – 1997?

  1. Go to the Arizona Legislature website. Enter the bill number into the search box at top right. You won’t find everything you need, but it’s a convenient source to get started.
  2. Next, refer to before-1997 steps above.

 

Is it 1997 or more current?

  1. Find the Session Law from the Arizona Legislature website. Set the Year and Session using the yellow drop-down menu at the top. Scroll down to Chapter number. Jot down the bill number.
  2. Use the bill tracker from the Arizona Legislature website. Set the correct Year and Session. Enter the 4-digit bill number in search box at the top right. The titles in the blue bar close to the top are links to more information.
  3. For committee minutes, jot down committees & dates. Go to Agendas on the left-hand side of the page. Choose Senate or House & select the Committee. Click on the meeting date. Click the blue Committee Minutes link.
  4. To search topics, try “search” on the left-hand side and use keywords.
  5. Check for interim, special, or study committee reports. Look for some more Legislative Study Committee Reports in our State Documents Collection on the Arizona Memory Project (link does not reflect a complete search of Legislative Committees).

 

Still can’t find what you’re looking for?

microfilm2Journals may have info on interim, special, & study committees. Check current year and a year or two before. Search our State Documents Collection for Committee reports.

The State of Arizona Archives has some minutes filed by House committees between 1965 and 2016. Jot down the name of committees & meeting dates, then call them at 602-926-3720 or fill out a research request form.

We have numerous newspapers on microfilm, including the Capitol Times & its predecessors. Important and controversial issues of the day often appeared in the news.

To view print material, you can visit us in the Reading Room of the Polly Rosenbaum History and Archives Building located at 1901 W. Madison in Phoenix. We are open Monday through Friday, except on state holidays.

polly-building-at-sunset-crp2

We’re Having an FDLP Anniversary!

On December 19th, 1963, Senators Carl Hayden and Barry Goldwater designated the State of Arizona Research Library as a regional Federal Depository Library for the state of Arizona.

A Federal Depository Library is a library that has agreed to make U.S. government information available to the public. There are more than 1100 of these libraries that make up a national network, and 11 of them are in Arizona. This map will show you the location of all of the Federal Depositories in the United States, including the ones right here in Arizona.

fdlp logo

What kinds of things count as “government information”?

We collect federal agency publications from more than 100 agencies across all three branches of government. You can find everything from Supreme Court opinions to Congressional hearings to topographic maps of the White Mountains here at the library. Whenever the Census Bureau releases new data, or NASA publishes a new study of Mars, these materials join nearly 200 years of history in our Federal Documents Collection.

Our collection is made up of many formats. Most of our items are in print, which includes books, newsletters, pamphlets, and Braille books. We also have maps, microfiche and microfilm, CDs and DVDs, kits, posters, calendars, and even puzzles!

Libraries in the United States have been collecting government information and making it available to Americans for almost as long as the country has existed. In 1813, Congress began distributing official publications to libraries, and in 1895 formally established the Federal Depository Library Program or FDLP. Thus libraries all over the nation were called to action to ensure the people could learn about their government.

The Territorial Library of Arizona was established in 1864 in Prescott, the Territorial Capitol at the time. The earliest library catalog we have is from 1865. This excerpt from the handwritten list of books in the library shows that we were collecting federal publications at least that early – the Territorial Library included the full Eighth U.S. Census, Smithsonian Institution publications, and reports of the Department of Agriculture, Indian Bureau, and Land Office:

S.T.A.R.L. Library catalog from 1865

In 1962, a major change was made to the Federal Depository Library Program. With the Depository Library Act of 1962, up to two libraries in each state could be designated as Regional Depository Libraries. These libraries would be responsible for maintaining complete collections of government publications, and providing services to the other depository libraries in their state, with the goal of ensuring that everyone in their state was able to access government information easily. In 1963, both the Arizona Department of Library and Archives (later to become the State of Arizona Research Library) and the University of Arizona were jointly designated as regional depository libraries by our two Senators at the time, Carl Hayden and Barry Goldwater.

Hayden-Goldwater designation of the Arizona Department of Library and Archives and U of A library as Regional Depository Libraries- 1963

 

unamerican

Publications we received in 1963 include “Effects of drought in the Colorado River Basin,” “Damage to livestock from radioactive fallout in event of nuclear war,” and hearings before the Committee on Un-American Activities.

The University of Arizona library is no longer a regional depository library, but it is still in the FDLP, along with 10 other libraries in Arizona. As the sole remaining Regional, the State of Arizona Research Library serves as a statewide hub for U.S. government information and provides services to the other depository libraries and to the public.

 

Want more information?

Check out this short history of the FDLP: Fulfilling Madison’s Vision – the Federal Depository Library Program.

Coming soon: a timeline of the history of the State of Arizona Research Library as a Federal Depository Library!