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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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.

 

 

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!

Arizona Legislature Lingo and Abbreviations

3rd Read? Do pass? COW?

What’s really going on at the Legislature?

25th Territorial Legislature Council

The Arizona Legislature has its own lingo and abbreviations. Here is a flow chart we find helpful to track legislation and understand what’s going on during the legislative session and with the introduced bills.

Remember, we have a treasure trove of materials on legislation – including Session Laws from before Statehood, Journals of legislative action for both the House and Senate, introduced bills, and many years of bill files. Contact us for research help!

Arizona State Legislature in session

Legislative process and abbreviations

Box 1

Box 2

Box 3

Box 4

Box 5

Box 6

Box 7

Box 8

Box 9

Makes sense, right!? This flow chart is a little more advanced than the Schoolhouse Rock “I’m Just a Bill” clip we learned legislative process from as kids!

Here are a few more pictures of our State legislators and staff in action through the years, completing the process outlined above!

Leg2
Secretaries or attaches for the Arizona State Legislature
Leg4
Arizona State Legislature in session
leg5
Members of the 1912, First State Legislature
leg6
Legislature in session in the Arizona State Capitol

 

You’re Under Citizen’s Arrest!

Wait, is citizen’s arrest really a thing??

Well, yes. But be careful with that…

Arizona Revised Statutes (A.R.S.) §13-3884 states:

13-3884. Arrest by private person

A private person may make an arrest:

  1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
  2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

So it has to be a misdemeanor that breached the peace or a felony and you know who did it.

I.W.W. Deportations 1917 “Striker Resisting Arrest”

A.R.S. §3889 requires you to announce the arrest…unless you don’t have to:

13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

Photograph of the fingerprints of Ernesto Miranda from his booking sheet, Phoenix Police, Phoenix (Ariz.)

Clear enough?
No. Not at all.

There’s more:

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.

Photograph of a group of prisoners in striped uniforms at the Arizona State Prison in Florence (Ariz.)

So, next you need to take the person you arrested to an officer and explain what happened. Then, you need to explain it to the judge. Apparently you shouldn’t make a citizen’s arrest if you’re in a hurry.

Arizona Code 1939

Or angry.

The Arizona Attorney General interpreted the provisions in Attorney General Opinion I85-048. It concluded that a citizen making an arrest could be charged with a crime or be sued for false arrest, false imprisonment, assault and battery, negligence, and violation of civil rights. The opinion notes that the provisions have been applied to the actions of security guards and law enforcement outside their jurisdiction.

Nevertheless, the provisions remain a part of Arizona law, where they’ve been since 1939 (Arizona Code §44-125). It seems that this law isn’t going anywhere.

 

 

 

Christmas Through The Years in Arizona

How Arizona has celebrated Christmas tells us as much about our state history as it does the holiday’s more universal symbols. A quick tour through our historic newspapers finds stories of church, trees, masquerades, gifts, Santa Claus, and cheer happening in ways that could only take place in our state.

 

Christmas 1920
Bisbee Daily Review, 1920-12-15, CHRISTMAS EDITION

The Weekly Arizona Miner-Prescott-1878

140 years ago, Prescott chronicled a visit from Santa Clause, with gifts for between two and three hundred children. “Some of the older ones also received valuable presents and immediately forgot their childhood days were things of the past,” the Miner reported. The 12th Infantry Band provided music. Among these celebrations, the paper also noted a soldier “partaking of the good things generally yesterday , including egg-nog and perhaps something stronger in the line of ‘O be Joyful’”. He later mistook a private residence for Ft. Whipple and demanded entry.

Salt River Herald-Salt River Valley-1878

Meanwhile, in Phoenix, the Salt River Herald reported on the Christmas tree at public schools, crowded church services, private parties, and turkey shoots and horse races. A ball took place at Smith & Stroud’s hall.

Christmas 1913
Arizona Republican 1913-12-25

Arizona Weekly Citizen-Tucson-1888

Ten years later, the Arizona Citizen in Tucson noted their city celebrated “appropriately”, detailing local church celebrations as well as a gathering of the Southern Pacific Library Association at the Masonic hall, with gas lamps dimmed to let the tree’s lit candles flicker.

The Argus-Holbrook-1898

120 years Holbrook saw a masquerade ball by both adults and children. The Argus reported on two masquerade balls. The children’s party lasted from 6 p.m. to 9 p.m. “The little folks were attired in a variety of costumes, some beautiful, and some very ludicrous.”  The “fun ran high” until 9 p.m. Later, in the same hall, a party for the adults began at 11 and continued with dancing until 3 a.m.

Christmas 1915
Arizona Republican, 1915-12-25

 

Arizona Republican-Phoenix-1898

At the same time, if you wanted to do some shopping for the holidays in Phoenix, you could do so at the New York Store. If the name is unfamiliar, note that it was run by Sam Korrick and would be Korrick’s shortly thereafter.

Arizona Republican-Phoenix-1918

Overindulging in the holidays had not ceased when the Republican reported three men “wrapped in the arms of Bacchus” narrowly escaped a building burning in 1898. The fire, in the back of a shoe shop at 13 Wall Street, was probably caused by a lit cigarette. The men got rescued, the  fire put out, and the paper noted cause and consequence: “… their condition was due to potent libations they had consumed in an heroic endeavor to usher in the Yuletide in a fitting and proper manner. They will be arraigned in the city court this afternoon.”

Bisbee Daily Review, 1915-12-19, CHRISTMAS EDITION

 

 

 

Murderous Weaver, Arizona

Weaver 11-30-1898 (2)

On November 30, 1898, the Arizona Weekly Journal-Miner reported on the murder and robbery of William Segna, an Austrian saloonkeeper in Weaver, a mining town by then notorious for crime and murders. Approximately $440 of gold and cash were stolen, which translates to over $11,000 in today’s dollars. This particular murder caused several newspapers, even the Arizona Republican in Phoenix, to call for the town’s dissolution!

Weaver Arizona Republican 12-1898 (2)

Other papers carrying the story noted a list of murders that took place in the town’s bloody history: “The murders of the Martin family, Stanton, Gribble, Verdier, and many others, the numerous stage hold ups, robbery and a general chapter of criminal lawlessness, has given Weaver a stain that time cannot wipe away.”

weaver proclamation

 

Five months later, no one had been arrested for the murder. Territorial Governor Nathan Oakes Murphy offered a $300 reward (roughly $8000 in today’s dollars) for the arrest of the perpetrator(s), which was published in the April 19, 1899 Arizona Weekly Journal-Miner.

 

 

 

 

Weaver- Lucero image

 

Vicento Lucero would stand trial in Prescott for Segna’s murder in June of 1899, and was sentenced to natural life in Yuma Territorial Prison and later transferred to Florence. Petitions for his pardon began circulating in Maricopa and Yavapai counties in 1911 and he would eventually be pardoned in 1915.  He possibly shows up in the 1930 census, living in Congress, having outlasted prison and Weaver.

 

weaver parole

 

Despite the demands to close up Weaver, a post office would still be established in 1899, but that lasted only 11 months until moving south to Octave. The town was originally known as Weaverville, but was later shortened. It was named for scout Pauline Weaver, and was east of Stanton and north of Octave, around Rich Hill. The ghost town of Weaver is located about 18 miles north of Wickenburg, Arizona. Weaver was deserted by 1900, and is one of several Arizona ghost towns.  A few crumbling buildings remain unwiped by time today.

For more information Weaver and the surrounding towns, we have several books in our Arizona Collection.

weaver-books.jpg

References:

Anderson, P. (2013) Cemeteries of Yavapai County. Charleston, South Carolina : Arcadia.

The Weaver Murder. (1898, November 30). Arizona Weekly Journal-Miner. Retrieved from the Arizona Memory Project:  http://azmemory.azlibrary.gov/digital/collection/sn85032938/id/3337

To Wipe out Weaver. (1898, December 2). The Arizona Republican. Retrieved from the Arizona Memory Project:   http://azmemory.azlibrary.gov/digital/collection/sn84020558/id/60569

Moving for Parole of Vicente Lucero. (1911, July 20). Arizona Republican. Retrieved from the Arizona Memory Project:   http://azmemory.azlibrary.gov/digital/collection/sn84020558/id/15572/rec/1

Ter-Nedden, D. (n.a.). Weaver, Arizona Ghost Town [Website] . Retrieved from: http://www.ghosttowngallery.com/htme/weaver.htm

Proclamation of Reward. (1899, April 19). Arizona Weekly Journal-Miner. Retrieved from the Arizona Memory Project:   http://azmemory.azlibrary.gov/digital/collection/sn85032938/id/3438/rec/11

Seeking a Pardon for Vicente Lucero. (1911, May 28) The Arizona Republican. Retrieved from the Arizona Memory Project:   http://azmemory.azlibrary.gov/digital/collection/sn84020558/id/14754