Utah Historical Quarterly, Volume 51, Number 4, 1983

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Jfalters Legal & Extralegal

UTAH HISTORICAL QUARTERLY (ISSN 0042-143X) EDITORIAL STAFF MELVIN T. SMITH,Editor

STANFORD J. LAYTON, Managing Editor MIRIAM B. ML RPHY, Associate Editor

ADVISORY BOARD OF EDITORS KENNETH L. CANNON II, Salt Lake City, 1983 INEZ S. COOPER, Cedar City, 1984 S. GEORGE ELLSWORTH,Logan, 1984

PETER L. GOSS, Salt Lake City, 1985 GLEN M. LEONARD, Farmington, 1985

LAMAR PETERSEN, Salt Lake City, 1983 RICHARD W. SADLER, Ogden, 1985

HAROLD SCHINDLER, Salt Lake City, 1984 GENE A. SESSIONS, Bountiful, 1983

Utah Historical Quarterly was established in 1928 to publish articles, documents, and reviews contributing to knowledge of Utah's history. T h e Quarterly is published by the Utah State Historical Society, 300 Rio Grande, Salt Lake City, Utah 84101. Phone (801) 533-6024 for membership and publications information. Members of the Society receive the Quarterly, Beehive History, and the bimonthly Newsletter upon payment of the annual dues: individual, $10.00; institutions, $ 15.00; student and senior citizen (age sixty-five or over), $7.50; contributing, $ 15.00; sustaining, $25.00; patron, $50.00; business, $100.00.

Materials for publication should be submitted in duplicate accompanied by return postage and should be typed double-space with footnotes at the end. Additional information on requirements is available from the managing editor.

T h e Society assumes no responsibility for statements of fact or opinion by contributors.

Second class postage is paid at Salt Lake City, Utah.

Postmaster: Send form 3579 (change of address) to Utah Historical Quarterly, 300 Rio Grande, Salt Lake City, Utah 84101.

HISTORICAL

QUARTERLY

Contents FALL 1983/VOLUME 51/NUMBER 4

IN T H I S ISSUE

307

"MOUNTAIN COMMON LAW": T H E EXTRALEGAL PUNISHMENT OF SEDUCERS IN EARLY UTAH . . . .

CANNON II

308

SONNTAG BRADLEY

328

KENNETH

RECLAMATION OF YOUNG CITIZENS: REFORM OF UTAH'S JUVENILE LEGAL SYSTEM, 1888-1910 MARTHA T H E BASIS OF MINING PROPERTY RIGHTS IN NINETEENTH-CENTURY UTAH: T H E CASE OF T H E RUSH VALLEY DISTRICT

L.

KEITH

A.

" T O GET U[TAH] IN U[NION]": DIARY OF A FAILED MISSION EDITED BY WILLIAM C.

KELLY

346

SEIFRIT

358

BOOK REVIEWS

382

BOOK NOTICES

391

INDEX

393

T H E COVER A downtown landmarkfor nine decades, the Salt Lake City and County Building represents the best example of Romanesque Revival architecture in Utah. Designed by Monheim, Bird, and Proudfoot, it has housed local government officials since 1894,and until the completion of the Capitol italso served the needs of state government. It is listed in the National Register of Historic Places. City engineer's photograph,July 18,1905, in USHS collections.

© Copyright 1983 Utah State Historical Society

HAROLD SCHINDLER. Orrin Porter

Rockwell: Man of God, Son of Thunder

ABRAMS

382

L. HOLMES, e d . Covered Wagon Women: Diaries and Letters from the Western Trails, 1840-1890 CAROL A. O ' C O N N O R

383

MILTON

C.

KENNETH

GAE WHITNEY CANFIELD.

Sarah

of the Northern Paiutes

Winnemucca

JANICE W H I T E CLEMMER

384

A History of the ShoshonePaiutes of the Duck Valley Indian

WHITNEY MCKINNEY.

Reservation

JAMES A. VLASICH

386

Books reviewed ROBERT W. RIGHTER. Crucible

for Conservation: The Creation of Grand Teton National Park

SIMS

387

JAY M. HAYMOND

388

ROBERT

C.

J . H . (JAMES HERVEY) SIMPSON.

Report of Explorations across the Great Basin...

in 1859

DAVIS BITTON. The Redoubtable J ohn

Pack: Pioneer, Patriarch

Proselyter, GEORGE S. TANNER

390

In this issue Human societies require a framework of laws in order to cohere, but the mere existence of a law is no guarantee that individuals will govern their actions in accordance with it. In nineteenth-century Utah a number of men, outraged over the seduction of female relatives, killed the alleged seducers. None was convicted of murder because of a general feeling that the unwritten "mountain common law" superseded the written law. An analysis of these cases sheds light on the norms of a developing frontier society.

T h e next two articles examine different aspects of the lawmaking process. T h e first looks at legislative attempts to reform laws dealing with young offenders by establishing a reform school and defining the legal rights ofjuveniles. T h e second piece explains how and why mining district bylaws incorporated long-standing customs not easily dismissed. When miners in Rush Valley created bylaws that ignored certain customs, they were bound to be overruled by those who came later.

T h e issue closes with the unique chronicle of a secret statehood mission undertaken in 1885 by Charles W. Penrose and Brigham Young, Jr. Full of incident and drama, this diary excerpt paints a colorful picture of legal and extralegal behavior in pursuit of political favors and, in the case of Penrose, evasive maneuvers to escapt arrest.

Above: Salt Lake City policemen in the early 1900s.

"Mountain Common Law": The Extralegal Punishment of Seducers in Early Utah

BY K E N N E T H L. C A N N O N II

V I O L E N C E AND EXTRALEGAL J U S T I C E were w i d e s p r e a d in nineteenth-century America. White caps, regulators, vigilantes, Ku Klux Klansmen, lynchers, and various other extralegal groups carried out their own distinctive brands of justice, generally through violent means, all around the country. Though older parts of the country were not unaffected by such movements, most of these extralegal justice groups appeared in frontier areas of America where legal justice systems were often ineffective. T h e West was especially affected by these movements. 1 Utah was an enigma in the nineteenth-century American West.

It was settled largely by a closely knit religious group that frowned on lawlessness (as the group viewed it) and that put a high premium on living together peacefully. It thus differed markedly from most of the Old West. As late as 1868 George Q. Cannon, a Mormon apostle and editor of the Mormon newspaper, the Deseret Evening News, proudly reported that Utahns had not yet had to resort to vigilante justice. 2 Cannon's assertion that vigilantes never operated in Utah seems to be largely accurate in the sense that organized vigilance committees were not formed; there were, however, some lynchings in Utah during the last half of the nineteenth century and some other instances of extralegal "justice,"3 and Utah's Mormon majority condoned extralegal measures in at least one area: the punishment of seducers. Insights into the social and legal views of Mr. Cannon is an attorney in Salt Lake City and a member of the Advisory Board of Editors of Utah Historical Quarterly.

'Two analyses of lawlessness in the Old West are W. Eugene Hollon, Frontier Violence: Another Look (New York: Oxford University Press, 1974), and Wayne Gard, Frontier Justice (Norman, Oklahoma: University of Oklahoma Press, 1949). On vigilantism, see Richard Maxwell Brown, "Historical Patterns of Violence in America," in Hugh Davis Graham and Ted Robert Gurr, eds., The History of Violence in America: Historical and Comparative Perspectives (New York: Bantam Books, 1969), pp. 45-83, and "Legal and Behavioral Perspectives on American Vigilantism," in Donald Fleming and Bernard Bailyn, eds., Law in American History (Boston: Little, Brown 8c Co., 1971), pp. 95-144.

2 Deseret Evening News, January 22, 1868.

3 Larry R. Gerlach, "Ogden's 'Horrible Tragedy': T h e Lynching of George Segal," Utah Historical Quarterly 49 (1981): 157. Gerlach has found evidence of at least twelve lynchings in Utah.

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Howard Egan was acquitted of murdering James Monroe. USHS collections.

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early Utahns are provided by examining the "unwritten law" surrounding punishment of seducers in early Utah and the reasons for the societal approval of such punishment, and by comparing the Utah experience with the American experience generally.

Two cases of extralegal punishment of seducers occurred in 1851. In that year Madison D. Hambleton killed Dr. J o h n M. Vaughn, and Howard Egan killed James Monroe.

T h e first of these killings occurred in Manti in February 1851.

Dr. John M. Vaughn had apparently been having an adulterous affair4 with Madison Hambleton's wife while Hambleton was in another geographic locale working. Dr. Vaughn was warned that his life would be in danger if he continued carrying on with Mrs. Hambleton, but he persisted, secretly meeting with Mrs. Hambleton even after her husband returned home. One Sunday afternoon after attending church meetings, Hambleton shot and killed Vaughn. Hambleton immediately surrendered himself to his bishop and was escorted to Great Salt Lake City where a court of inquiry was convened to investigate his act. Brigham Young, who had only recently been sworn in as governor, represented Hambleton. Hosea Stout acted as attorney for the prosecution. T h e supreme court of the territory heard the case and acquitted Hambleton. Those in attendance enthusiastically voiced their approval of the court decision.5 T h e Egan case was more widely publicized at the time it arose, and transcripts of portions of the trial were published in the local newspaper. Probably because of this greater public exposure and notoriety, later Mormon jurists and journalists looked to the Egan case as a precedent rather than to the earlier Hambleton case.

Because of its importance as a precedent, it is necessary to review the facts of the Egan case here.

Howard Egan was a Mormon convert who came west with the larger body of Latter-day Saints in 1848. In 1849 he guided a group of would-be gold miners to California. When he returned to the Salt W a u g h n was said to have seduced Mrs. Hambleton even though there is no indication that the relationship was anything but consensual on both sides. This emphasizes the problematical nature of seduction as a legal concept in the nineteenth century. Seduction was important in nineteenth-century jurisprudence largely because of then-current notions of the dominance of men over women. Seduction has become almost entirely archaic as a legal concept in the twentieth century.

5 Brigham D. Madsen, ed., A Forty-niner in Utah, With the Stansbury Exploration of Great Salt Lake: Letters and Journal of John Hudson, 1848-1850 (Salt Lake City: Tanner Trust Fund, University of Utah Library, 1981), pp. 107-9. Vaughn had apparently had another illicit affair in Great Salt Lake City and had been indicted for adultery there. Some residents of the capital city believed Vaughn had been lucky not to have been shot on that occasion (ibid., p. 107).

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Lake Valley, he learned that Tamson, the first of his three wives, had been seduced by James Monroe and had given birth to a child by him. 6 (There is no evidence that Mrs. Egan's consent to the relationship was o b t a i n e d t h r o u g h coercion or fraud.) M o n r o e was forewarned that the enraged husband might try to kill him and, unlike Vaughn, had left town by the time Egan returned. 7 Egan went after Monroe, and when, in September 1851, he found him in the company of a wagon train somewhere near the Utah border, he shot and killed him. News of the shooting soon reached Great Salt Lake City, and a church investigation was convened against Egan. T h e avenged elder was quickly exonerated in the church proceedings. 8 T h e n on October 17 he was arraigned in First District Court in Utah. 9 Egan's defense was handled by W. W. Phelps, a prominent Mormon, and George A. Smith, a Mormon apostle. 10 T h e prosecutor in the case was Seth M. Blair, another prominent Mormon. His closing arguments to the j u r y have apparently not survived. However, from references to Blair's reasoning m a d e by defense counsel George A. Smith, whose closing statement is extant, it is clear that Blair admitted that Monroe had fathered a child by Egan's wife but that he believed that such an act did not warrant the killing. For procedural reasons, Blair probably also argued that the homicide had been committed outside the boundaries of Utah, in unorganized territory, where the federal government had sole jurisdiction. 11 Smith, who r e n d e r e d the final statement to the j u r y for the defense, admitted he was a "new member of the bar" who was arguing his first case. His arguments constitute an extremely im6 Earlier historical works dealing with the case do not list which of Egan's wives was involved in the seduction. See Orson F. Whitney, The History of Utah, 4 vols. (Salt Lake City: George Q. Cannon & Sons, 1892-1904), 1:480-82, and B. H. Roberts, A Comprehensive History of the Church of Jesus Christ of Latter-day Saints, Century One, 6 vols. (Salt Lake City: Deseret News Press, 1930), 4: 135-36. An order issued by Zerubbabel Snow in the proceedings of United Slates v. Egan makes it clear that it was Tamson, Egan's first wife. O r d e r of the Hon. Z. Snow, October 18, 1851, First District Court Records, TJ103.18, Box 1, Document 6 1 , Utah State Archives, Salt Lake City.

7 Deseret Evening News, November 15, 1851.

8 Journal History of the Church of Jesus Christ of Latter-day Saints, October 3, 1851, LDS Church Library-Archives, Salt Lake City.

9 Whitney, History of Utah, 1: 481. '"Andrew Jenson, L.D.S. Biographical Encyclopedia, 4 vols. (Salt Lake City: Andrew Jenson History Company, 1888-1936), 1: 37-42, 3: 692-97. lx Deseret Evening News, November 15, 1851; Whitney, History of Utah, 1: 4 8 1 ; Clair T . Kilts, "A History of the Federal and Territorial Court Conflicts in Utah, 1851-1874" (M.A. thesis, Brigham Young University, 1959), p. 50.

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George A. Smith, left, and W. W. Phelps, right, handled Ho ward Egan's defense.

USHS collections.

portant piece of oratory because they display some of the sentiments of Mormon Utah society at the time. Smith stated he would not refer the jury "to authorities on legal points" but would "simply talk the common mountain English, without reference to anything technical." He expressed a view commonly held in early Utah by stating that he could tell the jury was interested in "looking for justice instead of some dark, sly, or technical course" by which the jury might be prejudiced. He admitted that the English common law had been enacted to some extent in Utah by the Territorial Organic Act but asserted that "if a law is to be in force upon us, it must be plain and simple to the understanding, and applicable to our situation." 12 Smith was outraged that seduction in England gave rise only to a civil suit for damages. He argued that "in this territory it is a principle of mountain common law, that no man can seduce the wife of another without endangering his own life." Rephrasing what he had just said, he continued: T h e principle, the only one, that beats and throbs through the heart of the entire inhabitants of this territory, is simply this: T h e man who seduces his neighbor's wife must die, and her nearest relative must kill him!

Smith then attempted to show that such a principle had numerous l2 Deseret Evening News, November 15, 1851. On early Mormon attitudes critical of lawyers and the formal legal system in the United States, see James H. Backman, "Attitudes within the Church toward the Study of Law, Lawyers, and Litigation â&#x20AC;&#x201D; T h e Brigham Young Era Compared to the Present" (unpublished paper in the possession of the author).

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Judge Zerubbabel Snow, left, and prosecutor Seth M. Blair, right, were key figures in the Egan trial. USHS collections.

adherents in other parts of the country by referring to several obscure American cases in which killers of seducers had been acquitted. He reiterated his position on "mountain common law" several times and concluded by stating, for the same procedural reasons that Blair argued it had been committed in unorganized territory, that the act had been committed within the confines of Utah Territory.

Following the closing statements of Blair and Smith, Judge Zerubbabel Snow addressed the jury. He reviewed the law pertaining to murder, rejecting Smith's argument that killing a seducer was mountain justice that could be formally countenanced: "Though the deceased may have seduced the defendant's wife, as he now alleges, still he had no right to take the remedy into his own hands." It mattered not at all that Egan believed "he killed Monroe in the name of the Lord." If he had hunted down Monroe and killed him, it was murder. 13 Turning to the procedural question of jurisdiction, which he found to be "the most difficult part of the case," Judge Snow ex13 Deseret Evening News, November 15, 1851. J u d g e Snow did not entirely ignore the importance of the seduction in the case, however, because he authorized the taking of an affidavit from Tamson Egan in which the following questions were put to her: 1. Was you seduced in the year A.D. 1850 by one James Monroe, if so under what circumstances, how often, where, in what month and day of the month, if not positive, as near as possible.

2. Did you by reason of such seduction have a child by the said James Monroe, if so, how long after sucb seduction.

Order of the Hon. Z. Snow, October 18, 1851.

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plained that the territorial courts held "a mixed jurisdiction." T h e court was presently sitting as a United States court; it would thus look to federal statutes "for our authority of law." Sitting in its role of federal court the tribunal had no jurisdiction over crimes committed within Utah Territory. Because the United States had criminal jurisdiction only in cases "said to be national in their character" or in which the alleged crime had been committed in an area where the federal government had "sole and exclusive jurisdiction," as in unorganized territory, the place where Monroe was killed was dispositive. If the jury found that the act was committed within the territory of Utah, where the federal government did not have sole and exclusive jurisdiction, the verdict would have to be not guilty irrespective of the substantive merits of the case because of the court's lack of jurisdiction.

Following Judge Snow's charge to the jury, it left the courtroom to deliberate. Fifteen minutes later the jury returned a verdict of not guilty.14 There is no indication whether the jury's verdict turned on the jurisdictional question, whether jury members believed that Egan had actually not killed Monroe (a highly unlikely possibility because Egan had essentially admitted doing it and relied on his affirmative defense of justifiable homicide), or whether members of the jury preferred Smith's "mountain common law" concept to the better informed legal analysis of Judge Snow, in essence disregarding the judge's instructions concerning the applicable law. It is possible that the decision turned on jurisdiction, but given the apparent contemporary sentiments of most Utahns, the jury almost certainly would have returned a verdict of not guilty in spite of the judge's instructions even if it determined that the crime was committed within the court's jurisdiction â&#x20AC;&#x201D; at least if subsequent cases are any indication.

An interesting point involved in the case is that James Monroe certainly did not commit criminal seduction or even actionable civil seduction; that is, no criminal action against him could have been brought and Tamson Egan would not have had a civil cause of action against him. This is so for several reasons. Seduction is always a difficult thing to prove, and under almost all criminal seduction statutes including the one enacted by the Utah Territorial Legislature in 1852 after the killing of Monroe, the woman seduced must be 14

Deseret Evening News, November 15, 1851.

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unmarried and of a previously chaste nature. 15 Furthermore, as already stated, Mrs. Egan had evidently not been an unwilling party to the sexual relationship with Monroe.

Something significant that followed the Egan case has been largely ignored by historians. That is the publicity given the case, not only by non-Mormons, many of whom saw the case as a further manifestation of extralegal Mormon "justice,"16 but also by the Latter-day Saints themselves. For example, George A. Smith's closing statement in the case was published in full by the Deseret Evening News shortly after it was delivered and was published in pamphlet form at least twice by Mormons in England in 1852.17 This seems puzzling in light of rumors of "Danites" and other supposed extralegal Mormon groups that the Gentile press in America seized upon.

Two questions thus arise from the Egan case (and similar cases that followed as well): Why would the Mormons countenance the extralegal "execution" of Monroe and others in similar circumstances and why would they publicize the radical statements of George A. Smith?

Definitive answers to both questions are elusive, but the historical record and legal theory provide some hints. First, Mormons were not unanimous in their opinion of the case, and some were privately troubled about the precedent it would set. Mormon lawyer Hosea Stout, for example, confided to his diary his worry that the case might prove to be a very dangerous "precident for any one who has his wife, sister, or daughter seduced to take the law into his own hands and slay the seducer." 18 T h e criminal legal theory of Herbert L. Packer aids the modern observer in gaining some theoretical understanding of the sentiments of the majority of early Utahns who seem to have had few qualms about the outcome of the case. Rather than approaching the question of justice from a legal-extralegal standpoint, Packer has formulated two models of criminal process.

15

"An Act in Relation to Crimes and Punishments," Title 2, Section 21 (1851-52 Utah Territorial

Laws).

16 See, e.g., National Intelligencer, February 15, 1852. The so-called runaway judges also reported critically on the Egan and Hambleton affairs. (See Norman F. Furniss, The Mormon Conflict, 1850-1859 [New Haven, Connecticut: Yale University Press, 1960], pp. 28-29; Whkney,HistoryofUtah, 1: 480-81).

11 Deseret Evening News, November 15, 1851. T h e two pamphlets were published by Franklin D. Richards and an undisclosed person who had his edition printed by R.James. A more readily available publication of Smith's statement is Journal of Discourses, 26 vols. (London: Latter-day Saints' Book Depot, 1854-86), 1: 95.

18 Juanita Brooks, ed., On the Mormon Frontier: The Diary of Hosea Stout, 1844-1861, 2 vols. (Salt Lake City: University of Utah Press and Utah State Historical Society, 1964), 2: 407-8. Interestingly, Stout was satisfied that Hambleton was justified in killing Vaughn (ibid., 2: 396). Yet, he may have been concerned that two such incidents within a short period of time would set a precedent and cause widespread lawlessness.

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These he calls the "Due Process Model" which he perceives as placing emphasis on a legal system of courts and law enforcement and which sometimes has a rival in what he calls the "Control of Crime Model" which emphasizes repression of crime, either through legal or extralegal measures. 19 Applying these models to the Egan case, it becomes evident that Zerubbabel Snow's instructions to the jury incorporated the idea of due process. One simply could not justifiably take the law into his own hands and kill another in the circumstances in which Howard Egan killed James Monroe. Taken further, Snow probably believed that if Utah society felt that the punishment assigned to a crime was not commensurate with the severity of the crime, it should alter the statutory punishment through normal legislative processes. 20 On the other hand, it is also evident that many of the Mormons in early Utah, following George A. Smith's logic, believed that the punishment accorded to a conviction of seduction was not equal to the seriousness of the crime and that it was also insufficient to control the crime of seduction. A criminal seduction statute, enacted by the Utah Legislature in 1852, called for a minimum prison term of one year and maximum sentence of twenty years for the crime and also allowed for a minimum fine of $100 and a maximum fine of $1,000. 21 Most Utahns evidently did not believe such a potentially severe punishment was sufficient to control seduction of women in the territory, especially in circumstances such as Monroe's "seduction" of Mrs. Egan where no punishment would have been available under the statute or the common law. According to this view, a home had perhaps been ruined by the sexual relationship between Monroe and Tamson Egan and yet the law offered no remedy (or scapegoat) at the time other than an adultery charge against both parties. '"Herbert L. Packer, The Limits of the Criminal Sanction (Stanford, Calif.: Stanford University Press, 1968), pp. 153, 149-73.

20 In fact, the 1852 legislature enacted a justifiable homicide statute that provided for a judgment of justifiable homicide when a person killed another who had defiled the first person's "wife, daughter, mother, sister, or any other female relative or dependent," as long as such killing was "in a sudden heat of passion." "An Act in Relation to Crimes and Punishments," Title XI, Section 112 (1851-52 Utah Territorial Laws). Howard Egan's deliberate hunting down of James Monroe more than a year after the "defilement" of his wife would hardly qualify as justifiable homicide under the 1852 statute because such a premeditated act could hardly be considered to have been committed "in a sudden heat of passion." It is interesting to note that Utah was one of the few states that as late as the early 1970s still considered such a homicide justifiable and not criminal (Utah Code Ann. Section 76-30-10[41 [repealed 1973]).

2 '"An Act in Relation to Crimes and Punishments," Title 2, Section 21 (1851 -52 Utah Territorial Laws).

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Even more perplexing than the question of why Mormon Utah countenanced Egan's killing of Monroe is the question of why the case was so widely publicized by the Mormons in 1851 and 1852. The answer seems to be at least twofold. On the local front, outsiders were made aware of the opinion Mormons had of seducers. An editorial afterword to the Deseret Evening News transcript of George A. Smith's famous closing statement noted that the case should "prove a sufficient warning to all unchaste reprobates, that they are not wanted in our community." 22 In regard to the world outside of Utah, the answer seems to lie in the fact that widespread reports of Mormon immorality both preceded and followed the public announcement of plural marriage in 1852. Publication of the Egan case beyond Utah's borders was partially in response to such reports.

It served to advertise the church's position that while Gentile society condoned extramarital sexual relations, Mormons limited their sexual relationships to the marriage state, albeit one man could have several wives.

As noted earlier, some Mormons such as Hosea Stout were concerned that the Egan case might set a dangerous precedent. An extensive search of newspapers between the time of the Egan trial in 1851 and the late 1860s failed to reveal any similar cases, indicating that Stout's fears may have been exaggerated. In the late 1860s and early 1870s, however, several cases did arise with factual circumstances similar to those found in the Egan case, and the term "mountain common law" once again found its way into local newspapers. 23 The cases and the editorial comment that accompanied them attest to the continued support for such extralegal measures, at least among Mormons, who still greatly outnumbered Gentiles in the territory.

The first case of the extralegal punishment of a seducer from this period publicized by Utah newspapers came in 1868. William Hughes's daughter was working in a restaurant in Salt Lake City.

The proprietor of the restaurant, a man named Campbell, reportedly seduced the daughter by promising to marry her. Hughes learned of his daughter's seduction and contacted the local police. A policeman accompanied Hughes to Campbell's residence, and there i2

Deseret Evening News, November 15, 1851.

It is possible that there had been such extralegal acts in the years between 1851 and 1868 and that such acts were publicized in 1868 and after only to give fair warning to the Gentiles who would be brought to Zion by the soon-to-be-completed transcontinental railroad. It is also possible that the incidence of extralegal punishment of seducers was due in part to the increased tensions caused by the influx of "outsiders" into the territory.

23

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they found Campbell and the daughter in bed together. Campbell asserted that the two were married, but it was soon established that they were not and he was arrested on a charge of seduction. T h e next morning a preliminary examination was held. T h e evidence convinced Hughes that his daughter had in fact been seduced.

According to the newspaper account he looked upon his child as she stood there the victim of a scoundrel's lust, and saw all the bright future that had been before her, forever darkened by the villain's hellish arts, and in his roused indignation he drew a revolver and shot him down in the court room.

H u g h e s was, of course, arrested for shooting Campbell.

Campbell was severely wounded, but, the Deseret Evening News reported, the wound was "not necessarily fatal." However, the report continued, " T h e prevailing feeling is that it is a pity the shot did not do its work as effectually as it could be done." T h e News article continued by presenting the first of a series of editorial comments: Will not such men as this never learn that this community will not tolerate such damnable and villainous deeds in their midst? That the atmosphere of this Territory is most uncongenial to those who wish to introduce anything in the shape of "pretty waiter girls," and everything in the shape of illicit intercourse? Public opinion in these mountains declares that a man who seduces a woman ought to pay the penalty with his life; and her nearest of kindred should bring him to account. 24

Hughes was tried for assault with intent to kill and found not guilty.25 None of the hoopla that surrounded Campbell's preliminary hearing was evident in the publicity of the Hughes trial. A brief line in the locals column of the Deseret Evening News was all that publicly announced the verdict. T h e acquittal of Hughes and the editorial comments of the News both indicate that the sentiment first expressed by George A. Smith in the Egan case had continued and had become perhaps embedded as a common social belief.

More editorial comment came a few weeks later, following another incident of a father finding a man trying to seduce his daughter. T h e News, which reported this latest incident on February 25,1868, advised the "oily tongued scoundrel," who had escaped the father by running away, to "keep running, lest he should run against a bullet." It then published a long lead editorial on the "inviolability of virtue." T h e editorial, almost certainly authored by editor George 24

Deseret Evening News, February 4, 1868.

People v. Wm. Hughes, Salt Lake County Probate Records, Docket Number 1585, March 8, 11, 1868, 21800001801, Box 24, Utah State Archives; Deseret Evening News, March 11, 1868.

25

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George Q. Cannon favored the "unwritten law.

USHS collections

Q. Cannon, gave support to the view that the homicides and shootings of seducers were publicized to counter charges of immorality against the Mormons: Because we believe in and practice polygamy, there are many people, who, for the want of correct information, imagine that we are licentious and corrupt, and think of nothing but the gratification of passion. All the pulpit eloquence which finds vent against us, has this view of our character for its basis.

However, Cannon countered, It is time that the world should know what we have been endeavoring to impress upon it for years, that the people of this Territory are determined, by every means in their power, to check vice and foster virtue.

T h e editor-apostle then reaffirmed the "unwritten law": T h e people of this Territory have long ago resolved that the chastity of their daughters, sisters and wives shall be sacredly maintained, and that one man who seeks to seduce them from the path of virtue, or makes them the victim of unbridled lust, shall receive the penalty of his crime. If a farmer or shepherd catches a wolf preying upon his flocks, he kills it, if he can. Shall a wild beast in human form, who with hellish duplicity seeks to mislead and destroy the innocent members of his family, be any more leniently dealt with?

Apparently no seducers were shot during 1869, but a related brand of extralegal violence was carried out and editorially condoned. As he was being escorted to prison, a man convicted of rape 26

Deseret Evening News, February 26, 1868.

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and sentenced to fifteen years in the territorial penitentiary was shot five times and killed by the husband of the woman he raped. H e r e was a clear case of a husband who did not believe that the law had provided a sufficient punishment for a crime. T h e local probate jury evidently agreed because the killer of the rapist was given a verdict of not guilty on a m u r d e r charge, with the jury classifying his act as justifiable homicide. 27 In 1871 at least two men were killed by relatives of the women they seduced. Editorial comment on the incidents indicates that, while not recorded on a statute book, certain procedures were to be followed in carrying out the responsibilities of "mountain common law." Richard Brown, a Provo resident, was killed. Henry Davis was accused of committing the m u r d e r . During Davis's m u r d e r trial, J o h n J. Baum rose in the courtroom and admitted killing Brown, defending his action on the ground that Brown had seduced his (Baum's) niece after promising to marry her. Davis was immediately acquitted and it soon became clear that public sentiment supported Baum's act.28 T h e only reservations people had, according to the Salt Lake Daily Herald, were that Brown had been killed during the night and that Baum had not openly admitted committing the act earlier: What we object to, and object to in the most emphatic terms, is the hour at which it was done. We are most strenuously opposed to deeds done in the dark. Let a man's actions be open and above board; done in the face of day and of his fellow man. T h e r e is no jury of honest honorable men . . . that would convict a man for slaying the slayer of a young, trusting, confiding girl's peace, happiness and life-long reputation, that girl being his near relative.

T h u s , if Baum had confronted and killed Brown in the light of day, there would have been no question that he would have been acquitted. Nevertheless, having killed Brown at night and delayed turning himself in, he was acquitted. 29 Appearing in a Herald editorial that both condemned and condoned Baum's act was a comment generally opposing extralegal measures, except when formal legal processes did not provide a sufficient remedy: We are opposed to any man attempting to administer what he may deem justice, where the courts are open and the law provides a proper punishment for the crime. But unfortunately there are some crimes for 27

Ibid., March 27, 1869.

Salt Lake Daily Herald, January 1, 1871.

29 Ibid., January 4, 1871.

28

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which, the sense of the great public declares, no adequate punishment is provided by statutory enactment. Among these, seduction is preeminent. And although the statute books declare it m u r d e r to kill a seducer, there is an unwritten law . . . which calls it justice and acquits the person who kills a heartless seducer.

T h e Gentile Salt Lake Daily Tribune emphatically raised its journalistic voice against the extralegal punishment of seducers. It is difficult to gauge just how genuine such criticism of the practice was, however, because the Tribune at the time opposed practically anything the News and the Herald supported and was especially interested in publicizing anything that might put the Mormon church in an unfavorable light. With these considerations in mind, the comments of the Tribune still offer some insights: Again we enter our protest against irresponsible killing in Utah. T h e daily papers record the killing of a young man at Provo named Brown, upon the suspicion of illicit intercourse. T h e j u d g e acquitted the prisoner upon the ground of justifiable homicide. Efforts have been made by the Orthodox to justify the killing, based on the assumption of the impure life of the slain man. O u r position is, that if seduction is worthy of death, it should be executed by the officers ofjustice alone and not by an irresponsible individual. . . . This doctrine that killing seducers is justified is more dangerous in Utah, and needs more attention here than elsewhere, because it has been publicly taught.

Still another killing of a seducer during this period occurred in September 1871. James Hendry had "shown attention" to James Hall's daughter who was married but estranged from her husband and living with her parents. Hall told Hendry to stay away from his daughter. Hendry, however, secured work for the daughter away from home and then seduced her. When Hall and his son Ezra learned of the seduction, they killed Hendry with two blasts from a shotgun and several rounds from a pistol. T h e Halls were arrested but escaped. 32 T h e Ogden Junction, a Mormon paper edited by Charles Penrose, and the Deseret Evening News agreed that " T h e universal feeling among the community is that Hendry richly deserved his fate. Death to the seducer is mountain law, let libertines understand it and govern themselves accordingly." 33

30

Ibid.

Salt Lake Daily Tribune, January 1, 1871.

32 Deseret Evening News, September 28, 1871.

3X Ogden Junction, September 27, 1871; Deseret Evening News, September 28, 1871. T h e News merely copied the Junction's comments approvingly into its own columns. T h e Tribune, of course, viewed the act quite differently (see September 27, 1871).

31

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After 1874 major criminal actions were taken from the jurisdiction of the local probate courts in Utah, primarily to facilitate enforcement of the antipolygamy statutes. This had the effect of removing cases involving extralegal punishment of seducers from these local, Mormon-controlled courts. 34 Utahns found another way to relieve punishers of seducers from criminal liability, however, in at least one case in 1877.

When William Hobbs shot Con Sullivan on J u n e 25, 1877, on the Eagle Emporium corner in Salt Lake City, all three of the major Salt Lake newspapers had an opportunity once again to air their opinions on the question of the extralegal punishment of seducers.

Hobbs, who ran a boarding house in West Jordan, suspected that his fifteen-year-old daughter and a local saloon keeper, Con Sullivan, were engaged in an illicit relationship. According to the story he told a Herald reporter, one Sunday night he had ordered his daughter to stay home. While he stepped out for a moment, his daughter stole away. Hobbs reported that he went to the residence of Sullivan and knocked on the door but received no answer. He then returned home and fetched an implement to break his way into the house. He did so and found Sullivan and his young daughter "flagrante delicto."

He returned home, this time for a weapon, but by the time he again reached Sullivan's house, the couple had fled.35 Hobbs hunted all night for the two. On the following day, J u n e 25, he heard that they were in Salt Lake City. He took the train into the city and found them near the Eagle Emporium corner. When Sullivan saw Hobbs he began to run. Hobbs fired four shots at the fleeing man and hit him with two. T h e wounded Sullivan was taken to the Townsend House and later to St. Mark's Hospital.

All three newspapers carried rather extensive coverage of the sensational shooting. T h e Deseret Evening N'ews avoided much of the editorial comment that it had made in earlier cases. T h e position of the paper was given implicitly, however, in its description of Hobbs's attempt to "annihilate the destroyer of the virtue of his daughter."

T h e Salt Lake Daily Herald maintained its earlier position by calling the shooting one of "genuine merit," and headlining the article 34 Poland Act, 18 Stat., 254. On the jurisdiction and fairness of the local probate courts, see James B. Allen, "The Unusual Jurisdiction of the County Probate Courts in the Territory of Utah," Utah Historical Quarterly 36 (1968): 132-42; Jay E. Powell, "Fairness in the Salt Lake County Probate Court," Utah Historical Quarterly 38 (1970): 256-62; and Elizabeth D. Gee, "Justice for All or for the 'Elect'? T h e Utah County Probate Court, 1855-72," Utah Historical Quarterly 48 (1980): 129-47.

35 Sa// Lake Daily Herald, J u n e 26, 1877. T h e Deseret Evening News article, also purportedly based on the personal account of Hobbs, varied slightly from the Herald account.

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Con Sullivan was shot by an angry father near the Eagle Emporium on First South and Main Street. C. R. Savage photograph in USHS collections.

covering the incident with "The Seducer's Portion." 36 Neither the official Mormon paper nor the morning paper owned and operated

by Mormons engaged in the radical editorial rhetoric of the early 1870s, however. The greatest amount of editorial comment this time came from the Gentile Tribune.

The Tribune was much more willing to let a legal tribunal determine whether or not there had been a criminally intimate relationship between the young girl and the saloon keeper. The precedent of the Egan case hung heavily over the present situation.

We think we see a manifest determination on the part of the priests to acquit Hobbs on the ground of the alleged seduction. Such a proceeding would be based on the "mountain common law," as laid down by George A. Smith, in his plea for Howard Egan who murdered James Monroe for the offense of seduction.

The writer of the article continued by stating that Smith's "great 3(i Salt Lake Daily Herald, June 26, 1877'; Salt Lake Daily Tribune, June 26, 27, 1877; Deseret Evening News, June 26, 1877.

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speech . . . contains more blood and thunder than any other sermon in the Journal of Discourses." He accused the "Mountain Meadows press" of promoting the acquittal of Hobbs "by endeavoring to create public sympathy in favor of Hobbs, regardless of the bottom facts of the case." Finally, he stated that the only fact established in the case so far was that a deliberate attempt had been made upon the life of one man by another. 37 Hobbs was examined by a local police court over which Alexander Pyper presided. T h e Herald simply reported that Hobbs had been discharged because "Justice" Pyper had held "that the shooting was justifiable." 38 T h e Tribune took a less dispassionate approach.

T h e p a p e r once again criticized "the late George A. Smith's 'Mountain law,' " and "Bishop" Pyper's decision, stating that T h e progress made by the world during three thousand years in restraining the untamed passions of man, and subordinating all to the impartial decrees of the law, by the divinely-inspired legislation of this modern Israel is set aside.

Even though criminal jurisdiction had been removed from local probate courts in 1874, Mormon sentiments still won out in the Salt Lake City police court.

It is evident that the Egan case was viewed as a precedent in these later cases. While the term "mountain common law" probably did not originate with George A. Smith, he certainly popularized the term and gave it significance in pioneer Utah. T h e term symbolized something that was apparently representative of more general sentiments around Utah and became almost a watchword among many Mormons. T h e reliance that J u d g e Snow placed on due process was apparently waylaid, at least in regard to punishers of seducers in the local probate courts where all these murder charges, except the one against Hobbs, were brought. No case of a man being convicted in Utah of extralegally punishing a relative's seducer or rapist has been found during the years between 1851 and 1877.

Not all cases of seduction ended in the extralegal punishment of the seducer, however. For example, under the law of Utah Territory, marriage of the seducer and the woman seduced barred criminal action against the seducer. In 1873 a woman accused a man of seduction and an action was about to be brought against him when 37

Salt Lake Daily Tribune, J u n e 27, 1877.

Salt Lake Daily Herald, June 28, 1877.

3i> Salt Lake Daily Tribune, June 29, 1877.

38

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the two were married. T h e charge was dropped, and it is clear that the man assumed "the better part of valor" in the case.40 In 1888 Chief Justice Charles Zane of the Utah Supreme Court rendered an opinion in a case similar to those described above.

Wilford H. Halliday had killed a man twenty-four hours after learning that the man he killed, Reeves, had committed adultery with Halliday's wife. Halliday argued that he had killed Reeves "in a sudden heat of passion" after learning of his wife's "defilement."

T h e trial court and the higher Utah court rejected the argument: T h e law will not permit the husband to say that he slew the defiler in a sudden heat of passion after deliberating upon the defilement 24 hours. . . . T h e law is that if the husband after learning of the defilement of his wife waits and deliberates, and then kills the defiler, in so doing he commits the crime of murder. 4 1

T h e practice of having the relative of a seduced woman punish the woman's seducer was clearly practiced at times in early Utah and contemporary Utah society condoned this practice. Utahns believed they were not alone in supporting this practice. For example, in editorializing on the Baum case in Provo, the Salt Lake Daily Herald stated that the "unwritten law" of killing seducers was "recognized everywhere throughout this great Republic." 42 Writing in the twentieth century, Mormon historian and leader B. H. Roberts agreed with this view. Roberts stated that there were cases where a father or a brother personally avenges the outraged chastity of a daughter or sister; or a wronged husband slays the despoiler of his domestic peace and home. Such cases are not peculiar to communities of Latter-day Saints in the United States, they are recognized as appeals to the "unwritten law of the land," and trial juries quite generally in the United States refuse to convict, either for manslaughter or murder those who take the law into their own hands in such cases. Granting that the severity of the denunciations against violations of chastity and the purity of the home encouraged appeals to "the unwritten law," and hence that such appeals were made more frequently in Utah than elsewhere, â&#x20AC;&#x201D; if they were more frequently in Utah than elsewhere in western America â&#x20AC;&#x201D; it still remains to be determined whether or not that is a reproach to the community, or a tribute to the high sense of honor, the virility, the strength, and the courage of the community's manhood.

Obviously, Roberts believed that it was a tribute to the Mormon community that such things occurred. His words might be inter4,) Ibid.,July 14, 1873. T h e two were, in fact, married by the j u d g e in the courtroom just before the action was to have been introduced in court. Also, there were cases of men who were tried and convicted of seduction (see Salt Lake Daily Tribune, May 12, July 14, 1873).

"People v. Halliday, 5 Utah 467, 474 (1888).

42 Salt Lake Daily Herald, January 4, 1871.

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preted to refer primarily to cases involving the slaying of rapists, except that the reference he gives is to the Egan case.43 There are indications that such extralegal acts were countenanced in other parts of the country. One such extralegal homicide of a "seducer" brought great sadness to Mormon Utah in 1856. This was the death of Mormon Apostle Parley P. Pratt, who had married Eleanor McLean. Since Mrs. McLean had not obtained a divorce from her first husband, Hector, he (McLean) viewed Pratt's plural marriage to his wife as no marriage at all. He hunted for Pratt throughout the eastern United States until he found him in Arkansas and killed him. McLean escaped and never faced trial.44 Under the tenets of the "mountain common law" and from his own perspective, McLean had simply done that which the law probably would not do, and his act was condoned by many.

Although the two cases cited by George A. Smith in his arguments before the jury have not been located, it is very possible that the two did involve the acquittal of killers of seducers. 45 There were other cases. In the same issue of the Salt Lake Daily Herald that the Baum case was discussed, an account of a homicide of a seducer in San Francisco was published. Citizens of San Francisco reportedly approved the act.46 Even as late as 1906, in an American Bar Association report prepared by prominent Louisiana attorney Thomas J. Kernan, it was asserted that a number of extralegal acts were countenanced by the public. Two of these were the killing of an adulterous man by the wronged husband and the slaying of a seducer of a virgin.47 Almost contemporaneous with Kernan's report was one of the most famous murder trials of the twentieth century. Harry K. Thaw, heir to a huge fortune and playboy husband of Evelyn Nesbitt, a famous stage actress, killed Stanford White on the roof of the Madison Square Garden in New York City, a building architect White had designed. The reason Thaw gave for the killing was that White had continued to approach Evelyn Nesbitt after she married Thaw, "Roberts, A Comprehensive History of the Church, 4: 135.

44 Steven Pratt, "Eleanor McLean and the Murder of Parley P. Pratt," Brigham Young University Studies 15 (Winter 1975), pp. 225, 245-48.

45 The two cases Smith referred to were Louisiana v. Horton and New Jersey v. Mercer (Deseret Evening News, November 15, 1851.

46 Salt Lake Daily Herald, January 4, 1871. The acceptance of such extralegal action was not universal. In a case similar to the Egan case in Pennsylvania in 1854, the judge roundly criticized adherents of such a view and described "how much wiser the law is." Commonwealth v. Moore, 2 Pittsburgh 502, 509(1864).

47 As quoted in Brown, Perspectives on American Vigilantism, p. 134.

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hoping to continue a sexual liaison they had had before she married.

Thaw relied on the "unwritten law" â&#x20AC;&#x201D; or what he called Dementia Americana â&#x20AC;&#x201D; that held that such a man deserved death. Thaw wanted to fight the case on the merits, feeling that "White was a villain who had met his just desserts" and that "on such an issue no jury in the world would ever convict me."48 Placing the Utah experience into historical perspective, it is evident that it was in some ways similar to the experience of other parts of the country. Though by no means universally approved of in nineteenth-century America, extralegal violence was clearly condoned by many Americans, especially those living in the southern and western parts of the country. In fact, the scale of extralegal measures is quite staggering to the modern mind. Vigilantes and supporters of vigilante movements included Presidents Andrew Jackson and Theodore Roosevelt, senators, congressmen, governors, literary luminaries, legal scholars, prominent lawyers, and businessmen, as well as representatives from practically every class of American society.49 It is from this perspective that the relatively few instances of extralegal violence in early Utah must be viewed.

While Herbert Packer's theory goes far in helping the modern observer understand why many supported extralegal justice measures in the United States, and while it certainly applies to the Utah experience as well as the broader experience, there were subtly different reasons in Utah for society allowing men to kill their relatives' seducers. Most vigilantes were intent primarily on bringing order to society and on controlling crime. The Mormons were certainly interested in controlling seduction and publicized these cases partly for that reason, but they also used the cases for propaganda purposes. They hoped by publicizing the Egan case and similar cases that followed to indicate to the country and world that they were not lax in morals. T h e extent to which they succeeded is an interesting question that still awaits a definitive answer.50

48 Harry K. Thaw, The Traitor; Being the Untampered with, Unrevised Account of the Trial and All that Led to It (Philadelphia: Dorrance & Co., 1926), pp. 149, 163. Some legal commentators found Thaw's defense lacking, noting that there was "no place" in the laws of New York for the so-called "unwritten" or "higher" law. See "The Thaw Case," Canadian Law Review 6 (1907): 101. '"Brown, Perspectives on American Vigilantism, pp. 106-44. ''"American society apparently did not receive this message entirely as the Mormons might have hoped. Roberts points out that enemies of the Latter-day Saints identified the homicides of seducers as examples ot "blood atonement" practiced by the Mormons (A Comprehensive History of the Church, 4: 135).

Reclamation of Young Citizens: Reform of Utah's Juvenile Legal System, 1888-1910

BY M A R T H A S O N N T A G B R A D L E Y

Utah Territorial Reform School, ca. 1889, from Ogden City, Utah: Picturesque and Descriptive.

O N MARCH

8,1888, THE UTAH

TERRITORIAL LEGISLATURE

provided

for a reform school "for the confinement, discipline, education, employment, and reformation of Juvenile offenders." 1 In so doing, Utah legislators began a period of reform in the juvenile legal system that would change legal procedures, improve legislation regulating the actions of both children and those responsible for them, establish a reform school for boys and girls, and, finally, in 1905, create the juvenile court system, all of which expressed a belief in man's ability to improve society through progressive action.

Mrs. Bradley is a doctoral candidate in history at the University of Utah.

'Utah Territory, Actofthe Utah Territorial Legislature to Establish aTerritorial Reform School, Statutes (March 8, 1888), sec. 1.

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In the first decades of territorial government, neglected, abused, and delinquent children â&#x20AC;&#x201D; in fact most social problems â&#x20AC;&#x201D; were dealt with by Mormon church programs or agencies. Catholics and other denominational groups also took care of their own. In the 1880s this tradition of in-house problem solving was supplemented and in many cases replaced by legislative decree.

T h e 1888 establishment of the reform school for delinquent children was just one example of the government's attempt to deal with the increasing problems caused by urbanization and industrialization. T h e socio-economic changes caused by the influx of a Gentile population into Utah in the 1860s and '70s with founding of Fort Douglas and the development of the mining industry, along with the immigration of culturally diverse groups, upset established methods of control within families and city and territorial populations. Earlier structures of authority and regulation showed signs of weakness that were reflected in an accompanying increase in crime among children. Juvenile crime was not just a problem of the city. However, urbanization and crimes of this nature did increase simultaneously and were indubitably related phenomena.

Rapid population growth aggravated problems that already existed in Utah's urban areas. During the first two decades of the twentieth century Utah's population increased 69 percent. T h e populations of both Salt Lake City and Ogden doubled in size; by 1920 half of all Utahns lived in cities. T h e move for reform in the Utah legislature recognized the strains on Utah's society and the need to adjust to the new ordering of experience.

As early as 1896 Utah law prohibited the employment of boys under fourteen and all females in mines and smelters. In the next two decades, children, who were defined by law as boys under fourteen and girls under sixteen, were excluded from night work and were limited to a fifty-four-hour work week of nine-hour days in all businesses except agriculture and domestic service. Finally, in 1911 Utah joined seven other states in regulating the labor of child r e n in street trades and created legislation prohibiting the employment of children under fourteen in occupations dangerous to their health or morals.

In the late nineteenth century children were prosecuted as young adults in the district courts because territorial law did not provide for courts of summary jurisdiction. Children were not, however, guaranteed in court the same rights and privileges as their

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adult counterparts, nor were they consistently treated with customary methods of legal procedure. For instance, children who were suspected of or were victims of crimes could be seized without warrant or legal decree, solely on the personal responsibility of the arresting officer. Children were often thrust before the court without notification of the nature of their offense, assuming that the j u d g e would within a reasonable length of time give formal notice to the agents of the court (attorney, probation officers, sheriffs, etc.) and to the guardians of the youth as to the nature of the crime and the date of the hearing. Often the individual child's interest in the case was entirely disregarded.

Punishment for juvenile offenders was, however, the most fundamental flaw of the system. By law, all persons were liable to punishment. Only children under seven years of age were excepted when it was not clear that at the time of the crime they knew that it was wrong. It was generally acknowledged that placement of children in jails along with adult criminals would adversely affect the child's well-being. As a result, manyjudges ducked the issue entirely, leaving children unpunished or unrehabilitated for their disobedience of the law. Other judges passed sentences too severe for the young age of the child. A consistent attitude towards children could not be developed, lacking official policy and procedures. Each case was treated individually.

Problems with the prosecution and punishment of young offenders prompted the development of plans to build a reform school. This bipartisan effort was backed by altruistic ideas about the potential for altering the life course of wayward youth by providing, first, for the confinement of young criminals and, second, by attempting to discipline, educate, employ, and generally reform juvenile offenders. This emphasis on the redemptive rather than the punitive function of the institution- reflected an idealistic and optimistic belief in affirmative action that was typical of the era.

T h e reform school bill was championed by legislator James H. Moyle, a Salt Lake City attorney, who was later appointed chairman of a committee to gather information on reform institutions across the United States. T h e committee left Utah on May 10, 1888, to inspect fourteen reform schools from Colorado to Washington, D.C. T h e institutions varied widely from prisonlike facilities to "the Michigan plan" recommended by the committee which patterned "the school on home life with a father and mother in a separate home

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James H. Moyle supported reform school.

USHS collections.

with as many inmates as they could care for." Moyle recognized that the legislature had provided for only one building, "but the ideal was to make the [Ogden] school as near like a home as possible."2 The legislature had allotted $35,000 for acquiring land, construction of buildings, and staff salaries. The school, located between Monroe and Jackson avenues and Nineteenth and Twentieth streets in Ogden, opened on October 31, 1889. By the end of the first year suitable workshops, classrooms, and dormitories for 100 children were available for use. The sixty-acre site was reputed to be in the highest state of cultivation. The workshops were of prime importance to the reform concept, "for unless the reform school boy, upon his return to the busy world is able to earn an honest livelihood, he must, in order to exist, of necessity go back to his bad ways and evil associates, and subsist by vagrancy or dishonesty." The committee had emphasized in its investigative report "the need of a good common school education and a practical training in some class of work that will enable [a boy] to confidently face the world, and say 'I am able to earn an honest living and I mean to do it.' " Such was the optimism of the day that the committee felt this education would make a boy's reformation "an assured fact."3 The school suffered a major setback on J u n e 24, 1891, when the main building was partially destroyed by fire. T h e forty-nine boys in residence were taken to the Ogden Military Academy and the six 2 Mormon Democrat: The Religious and Political Memoirs of James Henry Moyle, ed. Gene A. Sessions (Salt Lake City: Historical Department, Church of Jesus Christ of Latter-day Saints, 1975), pp. 175-76.

Moyle served three terms on the school's board of trustees and eventually became president of the board.

3 The committee's report was published in the Ogden Semi-weekly Standard, August 11,1888.

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girls to the reform farm barn until other accommodations could be found. According to a newspaper report, "None of the incorrigibles escaped, although one or two of the boys made a dash for liberty."

Plans for rebuilding the school were discussed almost immediately. 4 Progress at the school was initially good; public support and the opinion of the school superintendent indicate that "much good" was being accomplished at this institution for problem children. However, the school faced many challenges. Throughout the early years finances were a perpetual problem as was the constant need for general repair and improvement of the buildings.

Although administration of the school remained with the school superintendent and a seven-member board, ultimate authority over school matters was retained by the legislature. T h e ultimate success or failure of the school rested in large measure with the school board. T h e men given this assignment came from a variety of different backgrounds â&#x20AC;&#x201D; they were lawyers, farmers, or educators. Five of the seven men were ecclesiastical leaders in the Mormon church who had large families of their own with no fewer than nine children.

T h e biennial reports to the governor indicate that what bound this assortment of Republicans and Democrats together was their common commitment to the school. Board members were directed to report on the school's progress as well as to make a close accounting of all financial concerns. Outside of official committee work members of the group lobbied for continued financial aid to the institution. Periodically, representatives from the legislature visited the school to study its progress or problems. Their findings were reported to the entire legislative body.

An obvious discrepancy existed between the philosophy of lawmaking and law enforcement bodies about the purpose of the reform school. Under the statute, . . . when a boy or girl within the age of 18 years, shall, in any of the District Courts of the Territory, be found guilty of any crime, except murder, the court may, if in its opinion the accused is a proper subject therefore, instead of enteringjudgement, cause an order to be entered, that such boy or girl be sent to the Reform School. 5

This generous provision for reserving judgment reflected the belief that these children could be redeemed and deserved a fresh start.

Addressing this issue in 1896 Superintendent E. M. Allison wrote: 4

Salt Lake Tribune, June 25, 1891.

Utah Territory, Act . . . to Establish a Territorial Reform School, sec. 1.

5

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333

. . . where an inmate has been remanded to the school, the general idea has prevailed that the accused has received the judgement of the court to be committed to the Reform School instead of to some other place of punishment, and the original purpose of the law-givers that the child should not be punished at all, but removed from its surroundings, which presumably led it into temptation, is entirely lost sight of.

His focus on environmental determinism, the potential for changed character through changed environs â&#x20AC;&#x201D; a common theme in progressive reform literature â&#x20AC;&#x201D; was diametrically opposed to the use of the reform school as a temporary place of punishment for delinquent youth. T h e latter concept placed a premium on the length of stay in the institution before release, rather than on the benefits and changes that would result from the experience.

T h e prevailing, indeed progressive, notion about the school centered instead on its unique potential for correcting the evils of a society gone bad and on the chance to forge improved character.

This concept was expressed in the legislative committee's declaration of the school's purpose which, rather than punishment, emphasized the potential for improvement: By reason of the youth of the offender [his offense] ought not to be punished, but . . . the State ought to let the Reform School have control over the child, surround it with different attractions, give it a different idea of life than it has had, and in return for such control, the Reform School in effect promises that, unless the child is confirmed in crime, or otherwise so morally depraved that reform is impossible that whenever that child shall be discharged from the school, it shall as any patient from a hospital, or as any unfortunate from an asylum, have improved. . . .7

Thus clearly stated, these objectives anticipated the establishment of a sound moral foundation for the inhabitants of the institution that would in turn benefit the state.

T h e debate continued between the two groups over the school's function and often focused on the question "Do Reform Schools reform?" Reformers idealistically justified the system by describing the regenerative powers of good health habits, the connection between mental and physical discipline, and, finally, the effect of positive environment on character. In 1896 superintendent Allsion pointed to the effects of the school's work on the future of society by describing first the cleansing process that the student went through at the school: "Utah Territory, Fourth Bi-ennial Report of the Trustees of the Territorial Reform School (1896), p. 6.

7 Ibid., p. 7.

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Utah Historical Quarterly As a rule, inmates come to us with their elementary education entirely neglected, with no home training, and never having been taught any lessons of industry and honesty of purpose. They are confirmed truants. T h e quick transformation of such boys is wonderful. Regular habits in diet, sleep, exercise and in mental discipline works the reform.

In a few months, boys have been known to make such rapid physical growth that parents and guardians have failed to recognize them at once. Taken from the streets of a city, half starved and poorly clad, with the tobacco, and, in many instances, the liquor habit firmly fixed and pervading their systems, and removal to clean apartments, provided with warm clothing, given plain but wholesome food, total abstinence from injurious habits, and the change affected is at once marked and surprising.

Allison passionately concluded: If these schools did no more than to develop the physical manhood by keeping them removed from the contaminating influences of a city life until they attained their majority, when they will be sufficiently able to control themselves, and will have been "tided" over the dangerous period of life, [that] would in my opinion compensate the state for their maintenance. 8

Despite the widening gap between theory and practice, the reform school had made, by the time Utah became a state, a serious and dedicated attempt at the reformation and rehabilitation of 184 young citizens. Almost from its inception the leaders of the institution had directed youth towards improvement in four areas of development: discipline, education, employment, and general reformation.

T h e modest staff of the school in 1894 included Superintendent Isaac D. Haines, his wife (the school matron), and one instructor. Dr. J. S. Gordon, an Ogden physician, periodically visited the institution to attend to the health problems of the inhabitants.

Discipline was considered basic to the efficient operation of the school. A firm structure of rules and regulations directed daily life.

Usually, reform institutions adhered to one of two basic discipline systems: strict military regimentation or corporal punishment.

Superintendent Haines attempted to create a balance between the two, "administered in an intelligent and h u m a n e manner." By his order, no punishment could be given at random or without his prior consent and supervision; it was considered by most a "painful duty." s First Annual Report of the Trustees of the State Industrial School. . . 1896, pp. 11-12, bound in State of Utah, Public Documents, 1896. The new state legislature changed the name of the institution to the State Industrial School and made provisions to turn over the original school building to the State School for the Deaf and Dumb and to purchase the buildings and grounds of the Ogden Military Academy in the northern part of the city for the Industrial School. Ibid., pp. 5, 8.

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In many ways the school's curriculum sought to imitate the functions of the family, providing structure and training in moral, religious, and civic areas. T h e moral well-being of each student was considered equal in importance to "book learning" to prepare for a productive life.

Education included the traditional subjects of reading, writing, and mathematics but stressed the development of skills in various kinds of industrial work. T h e basic purpose of the school, which was often called the "industrial" school, was to teach its inhabitants a means of securing a living. In the 1890s, for instance, an effort was made to establish the silk industry at the school. Tomizo Katsunuma, an expert on the subject, was consulted about the feasibility of the idea, but it never came to fruition.

T h e school had less than thirty female inhabitants in its first six years, but these girls created problems for the school's administration. Nearly every girl sent to the Ogden facility had been charged with vagrancy or incorrigible conduct, but according to Superintendent David A. Curry, the girls were actually offenders "against virtue." Many of the cases had been mislabeled to save families from the disgrace of the more serious charge. These girls were, for the most part, older than their male counterparts and were likely to stir u p trouble and promote immoral conduct a m o n g the willing male delinquents. As a result, each report to the legislature had its accompanying plea for separate facilities for female delinquents to help solve this problem.

T h e creation of the reform school and public support for it reflected a concern about young people and the importance of the reformation of youth for the future of society. This philosophy was formed with a . . . view to reclaim youth, before it has become too far tainted with crime, and thus not only save to the state the expense of future criminal trials and detention, but also secure from the future labors of such youth, that support, which every re-claimed citizen as a special token of gratitude would naturally give the state/'

T h e image of a caring reformation of society through its reclaimed citizens justified the reformers' efforts.

At the same time that these reform ideals were being expressed an attempt was being made to create new laws for the well-being of "Utah Territory, Fourth Bi-ennial Report of the Trustees of the Territorial Reform School (1896), and accompanying documents. December 3 1 , 1895.

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children. An important objection to the existing criminal statute, written in 1853, was that it failed to define or provide punishment for a large class of actions that in other communities were regarded as crimes and punished as such. Included in this group were offenses against public health and safety, including the safety of children.

T h e laws were either vague or reticent on these important matters. It was an immediate concern of the new state to define and punish, through a well-articulated code, those offenses that affected the children of all communities.

Territorial laws had been created for a different Utah, a sparsely settled place where a majority of people were involved in agriculture. Since that time, mining, manufacturing, and commerce had been introduced; the population had increased tenfold, and the development of cities and intercourse with the outside world had changed social conditions. T h e territorial code, which was easily sufficient for an earlier period, was wholly inadequate for the solution of problems in the new state of Utah.

One important example of an improvement in laws was in the legal description of what constituted the abuse or neglect of children. Territorial laws gave a general description of the responsibilities of guardians and parents to minor dependents in matters of physical care, education, and the necessity for stimulating their civic responsibility. But the law left undefined the abuse or neglect of children. In dealing with the issue from a positive rather than negative point of view it left the matter unresolved.

T h e new state attempted to create legislation that would provide support and protection for children and that would more clearly delineate the obligation of responsible adults to their dependents. Basically, a parent or guardian was guilty of a misdemeanor if he willfully omitted, "without lawful excuse, to perform any duty imposed upon him by law to furnish necessary food, clothing, shelter, or attention for such child."10 As early as 1903 the legislature initiated action to protect the abused child, setting up "Children's Aid Societies" to care for children who were taken from their homes. These foster-care units, like the settlement house movement, offered an environmental approach to social problems â&#x20AC;&#x201D; in this case abuse. T h e "place of safety" as the legislation described it, funded by municipal or county money, '"Utah, Penal Code (1896), 4224, p. 902, Special Collections, Law Library, University of Utah, Salt Lake City.

Ezra Thompson residence at Sixth East and South Temple later housed the Children's Service Society. USHS collections.

provided a way-station for troubled youths to protect them from the influences of a bad home and to introduce them to new and more appropriate methods of living. The legislation's paternalism conveyed a conviction that government had the right to intervene into even the most private lives of its citizens for the public good and the future of society.

The law defined abused or neglected children as those who had been willfully mistreated, neglected, abandoned, or exposed in a way that might have caused the child unnecessary suffering or serious injury to its health or morals. Certain forms of neglect were blantantly obvious, as in the case of children found begging in the streets, sleeping at night in the open air along the roadside, or wandering about without a home or settled place to go to. These, as all abused children, could be apprehended without warrant and taken before the court for their own protection. Children found in the company of criminals, thieves, drunkards, vagrants, or other social malcontents, as well as those found in saloons, gambling halls, or brothels, could also be seized and brought before the court.

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Evidence of abuse was also found in the conduct of the parents or guardians themselves. Children who failed to receive proper instruction or care because the "only surviving parent or guardian, is an habitual drunkard, or a person of notorious or scandalous conduct, or a reputed thief or prostitute or an habitual idler," 11 or who were in the company of a "vicious or dissolute father or mother," could be a p p r e h e n d e d . Often the reputation of the adult was enough to warrant action. Clearly, the law attempted to insure the protection and well-being of all children, particularly the victimized child.

With a new century came a general public awakening to the needs and rights of children. Other facilities for problem children, similar to the state reform school, were established throughout Utah. Canyon Crest Boys Ranch, Uintah Training School, and the Lund Home for boys were all funded and maintained by private philanthropies. T h e December 1908 meeting of the Utah Federation of Women's Clubs included in its resolutions the objective of improving the lot of children by giving and guaranteeing every child a good life.

T h e glaring inadequacies of the state's legal system in dealing with the needs of children in the early 1900s became the battle cry for the reforming lobbyist who pushed for the creation of a juvenile court system. Success was finally met in 1905 when the juvenile court was created by the legislature.

T h e court was not created because of an overload of juvenile cases but because of an impulse to restructure the legal system and in so doing help to create a viable social order that included children.

Like the reform school movement, the juvenile court represented an attempt at making sense out of bewildering change and a grasping for control over society's new face.

In the early years of the court, when the number of cases did not require a full-time j u d g e or staff, judges served on a part-time basis for an annual salary of $ 1,000, sharing clerks and other officers with the city court.

T h e state laws of 1905 set u p juvenile courts in cities of the first and second class, calling for the establishment of a commission consisting of the mayor, chief of police, and school superintendent.

T h e commission was given power to make appointments and to establish separate juvenile courts in different cities.

"Laws of the State of Utah (1903), chap. 124, sec. 2.

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T h e juvenile court had jurisdiction in all cases relating to the "custody, detention, guardianship of the person, probation, neglect, dependency, delinquency, examination, trial and care of children who are eighteen years of age and under." It had jurisdiction as well over adults accused of misdemeanors "relating to the custody, detention, guardianship, probation, neglect, dependency, delinquency, and care of children who are eighteen years of age and under." 12 T h e juvenile court was envisioned as a special court with jurisdiction over all cases relating to children.

Whereas earlier cases involving youth had been subject to the unpredictable mechanism of the district court, an important shift in attitude and practice came with the creation of laws that clearly described procedures, rights, and practices in the prosecution of children. Children in Utah had never been guaranteed equal constitutional rights as their adult counterparts before the court were, including trial by jury, notification of the nature of the accusation against them, or being delivered a warrant for their arrest. In fact, children were inconsistently dealt with at every stage in the law enforcement process.

In 1905 this practice became state law. T h e law creating the juvenile court provided for the custody of delinquent children and was defined as "not being a criminal law, but having for its object the surrounding of such children with proper environments, [it] violates no constitutional provisions [by] not providing for trial by jury, for arraignment and plea, a warrant, etc.; nor because of the manner of trial and examination, and the child, being required to be a witness."13 Traditional criminal procedures did not apply in juvenile court.

This principle had been established by Mull v. Brown which stated that the proceedings of juvenile courts did not come within what are known as criminal proceedings; nor were children considered criminals. As different as this legal assumption was from that of modern legislation that guarantees children rights under all circumstances, the logic behind this particular act with its set of assumptions about the nature of juvenile offenders was consistent with the efforts to create the juvenile court, to clarify the law, and to establish reform facilities â&#x20AC;&#x201D; all of which sprung from the belief that intervention into

l2

The Compiled Laws of the State of Utah (1907), 720x1, p. 361.

Ibid.

13

Buildings on West Second South served some juveniles: from left, Salt Lake County Courthouse, Fremont School, Salt Lake County Jail. USHS collections.

the private lives of others was not only necessary and justifiable but was a moral obligation.

In all matters relating to delinquent children and their disposition, the juvenile court exercised equity jurisdiction, adopting any procedure best suited to ascertain the truth in a particular case. T h e hearing was relatively simple, even informal. Young defendants were often compelled to testify concerning the allegations against them, with probation officers or other informed persons providing additional information. T h e judge evaluated the culpability of the suspect and determined the fitness of the person who had asserted rights of custody. Children were protected from intimidation by adults concerned with the crime by a statute that provided for their exclusion "from the room or place where any child under 16 years of age is being tried, or having its case examined. . . ."14 Throughout the territorial period children were recognized as witnesses before the court. Witnesses were defined by law as those l

*The Compiled Laws of the State of Utah (1907), 720 x 32, p. 371.

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who "can perceive, and, perceiving, can make known their perceptions to others." 15 T h e only restriction was on "children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly."16 However, common practice allowed children not only to testify, but often compelled them to give information against their parents. Children testified against their fathers in many of the cohabitation trials of the 1880s and '90s, forced to do so by federal officials. Clearly, the testimony of a child in such a case would be cast with shades of love, aversion, or even fear that would alter the veracity of the witness.

Most orders, judgments, and decrees of the juvenile court truly attempted to adjust to the unique set of circumstances surrounding each individual case and were subject to adaptation, amendment, modification or suspension at any time until the child reached age twenty-one. Although the court could exercise a variety of options in dealing with children, each emphasized rehabilitation through an improved environment.

Ultimately, the optimum situation was a good home with capable concerned parents or guardians to respond to the child's problems, along with a probation officer who carefully monitored, visited, and maintained a relationship with both the child and his parents. Many children, however, created havoc at home, had no family, or in the opinion of the court had an undesirable home environment. In those cases the court looked for an alternate solution to the problem.

The first use of official, state-sponsored foster homes was instituted with the new provisions for juvenile justice. Commitment to state or private correctional institutions was an alternative as well, usually reserved for crimes of a more serious nature. The only alternative expressly forbidden by the state was the sending of any child to a jail or prison; children could not be incarcerated with adults.

T h e probation officer was the pivotal figure in the juvenile court system, and success or failure often depended on his intuition and good judgment. Probation officers were paid twice as much as judges but still were employed part-time. They functioned in the court as the agent of the child. '"Compiled Laws of Utah (1888), vol. 2, Title X, chap. 1, sec. 3876, si 154.

16 Ibid., sec. 3877, si 155.

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Dr. Ephraim G. Gowans worked with juveniles.

USHS collections.

Most of the legwork in juvenile proceeding was done by the probation officer who made formal complaints, served notices, and ensured the appearance of the youth before the court. Responsible for the child both before and after the hearing, the probation officer was instructed to "exercise a friendly supervision and visitation over the child in accordance with the directions of the Court." 17 Even more important, however, was the assumption that the probation officer was there to represent the interests of the child.

Officers investigated all cases involving juvenile offenses. This included a detailed precursor of the modern "home study" and consisted of an inquiry into the parentage of the child, a full examination of the case, and a written report to the juvenile judge. These reports attest to the variety of home situations that produced young criminals. Dr. Ephraim G. Gowans visited the home of one boy which typified the problems encountered: . . . his mother upon the sick bed, told me that she wished me to take charge of him. She stated that he was absolutely incorrigible; that he would get several boys around him in a back room in the home and there smoke cigarettes and read dime novels; that he threatened her life whenever she corrected him; that he would not stay at home nights and was always running away.

These children, for whatever reasons, were uncontrollable by their parents or guardians.

17

"Probation Officer's Report to the Juvenile Court," 1907, Utah State Archives, Salt Lake City. ""'General Complaint Register Record Book," February 9, 1908-April 17, 1908, Utah State Archives.

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Dr. Gowans, a physician and educator from Tooele, Utah, typified the idealistic reformer who truly believed young lives could be changed through his efforts. Despite his busy schedule as town physician and instructor at the University of Utah, he devoted considerable time to the juvenile court system.

Gowans described the basic methodology of the probation system. First, the officer would . . . begin an investigation inquiring into the alleged delinquency and getting a knowledge, in an informal way, of all the facts relative thereto.

In a great many cases the matter is found to be trivial; or the information was filed when the informant was angry, or an amicable settlement can be had without further proceedings.

In fact, twice as many cases were solved informally out of court as in by the officers. Gowans further maintained that these children were "undoubtedly benefited by this, as we think, sane method of procedure." 20 Children judged delinquent and placed under a probation officer's care were instructed to report daily, biweekly, or weekly, which, it was felt, kept a "restraining influence" around the child that tempered his misbehavior. T h e system sought the rehabilitation of wayward youth as well as the prevention of future crime. One officer said, We feel that whatever we do in the way of prevention is far superior and more nearly truly philanthrophy. The methods of dealing with younger boys must differ from those employed with the offenders who are 17 and 18 years of age. With the younger children, prevention is the keynote of our work.

These informative reports indicate sincere interest in the child's welfare. In describing this important work, one officer centered on the relationships that were formed.

T h e labor and efforts of the Probation Officers cannot be shown by statistical tables because wherever they are they make their influence felt as the friends of the boys and girls. Hundreds of cases have been investigated in an unobtrusive way and quietly settled. Hundreds of others have been reminded of their little delinquents and in a friendly way made to feel that we were looking after them.

'""Report to Juvenile Court Committee of the State of Utah," December 14, 1907, Utah State Archives.

20 Ibid.

2 'Ibid.

22 Ibid.

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T h e system's inherent reformist impulse was nowhere more apparent than in its concern with the causes of crime. Each report attempted to assess the "unfavorable and menacing elements in the child's environment" that prompted crime, concluding that the chief cause of delinquency was an unsatisfactory home. This type of home was described by Gowans as being . . . broken up by the entrance of one or more of three D's Death, Divorce, Desertion [or] . . .not presided over by a strong manly man and a loving womanly woman. They are homes in which either the father or mother or both, have some vicious habit. T h e viciousness may take form of an uncontrollable temper which leaves no room for parental affection and solicitude, it may take the form of drunkenness with all of it's damning sequellae, or simply the viciousness of indiffer23

ence.

A second type of home had a parent present who appeared to be incapable of effective parenting or affirmative action of any sort.

This was attributed to the fact that parents often had . . . absolutely no preparation for parenthood. They are passively good only. Being weakwilled they seem to be incapable of creating in the home that atmosphere of vigorous, wholesome morality, that mental attitude of no compromise with evil or lawbreaking which is absolutely necessary to the development of desireable citizenship.

It was felt that all other causes of delinquency could be precluded if the "unsatisfactory" home could be eliminated. T h e improvement of the home was this particular reforming officer's primary objective.

Other causes of delinquency such as dance halls, theatres, and rooming houses were faulted because of the lack of control at home.

Each year a careful accounting of all cases was presented in the "Report of Operation of the Juvenile Courts," a document that enumerated the statistics of juvenile crime for the year. By comparing the reports of a five-year period it is possible to discern early patterns of problems. Fifty percent of all boys brought before the court were between the ages of thirteen and sixteen. Female delinquents were older, the majority between fifteen and seventeen years, and were usually accused of immoral conduct. One probation officer felt that this was the . . . age of vulnerability in girls. Many girls go wrong at this time because their mothers do not sufficiently understand the difficulties of the period in the girl's development, and have not established such ""Probation Report," December 14, 1908, Utah State Archives.

24 Ibid.

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confidence between themselves and their daughters as to be able to correctly advise them. '

Problems with truancy, curfew violation, and general incorrigibility implied laxity on the part of parents who undoubtedly did not put limits on the behavior of the child involved. Thirty percent of all juvenile offenses, such as drunkenness, smoking, visiting saloons or poolhalls, and crimes of violence, fighting, assault and battery, were sexually segregated and were committed exclusively by boys. Despite the disobedient and spirited nature of most delinquent girls, they were not culturally liberated. In 1900 there were still certain things that girls, no matter how wild they were, just did not do.

T h e period from 1888 to 1910 formed a transition; the gears of society were shifting. T h e individualism of the nineteenth century was giving way to a new theory that struggled for lawlike regularities in human experience and reached for power and predictable controls and programs. T h e new approach was more collectivist â&#x20AC;&#x201D; supporting the weaker members, correcting, improving, and streamlining the mechanisms of society. Reform in Utah's legal system provided evidence that even before 1901 the progressive impluse was a viable force in the state. T h e actual enactment of legislation, which always depends on the cooperation of a variety of different groups, implies the strength of the effort in Utah.

It is evident that these efforts were not always successful. T h e actual cumulative benefits of the changes in the juvenile court system were minimal; in fact, in many ways this legislation institutionalized practices that restricted or blatantly denied the rights of children.

But this was true in the country at large; the paternalism so typical of the era, the authoritarian absolutism that delegated for the masses the way to the good life, denied in the same way the civil rights of a major subgroup or class, that of children who had limited ability to vocalize, lobby, or demand representation. Not until the 1960s did the legal rights of children begin to approximate those of adults.

Certain aspects of the reform movement had an enduring effect on Utah society. T h e reform school became a permanent feature of the environment that would be duplicated in other parts of the state.

T h e juvenile court system continues into the present to deal with young criminals with a sophisticated staff of full-time judges, probation officers, and prosecution attorneys. Both are evidence that the tradition of protecting the youngest members of society remains.

25

"Probation Report," December 14, 1907.

The Basis of Mining Property Rights in Nineteenth-century Utah: The Case of the Rush Valley District

BY KEITH A. KELLY

EXCERPT FROM U T A H HISTORY PROVIDES important insights into the forces that determined property rights to Utah's early mines.

T h e illustrative case occurred in the Rush Valley Mining District, located about thirty-eight miles southwest of Salt Lake City in Tooele County. Organized on J u n e 11, 1864, by U.S. soldiers stationed in Utah during the Civil War, the district experienced social and economic changes in its early years that produced unusual modifications in its mining property right rules. Miners in the district were able to make these changes because early western mineral property law was not legislated; it was locally determined according to strong customs developed by western miners. This article will examine the origin of Utah mining law in those western mining customs and look at the Rush Valley story as a deviation from mining tradition. It will also suggest that these pervasive mining customs ultimately proved efficient in allocating mining property rights in Rush Valley.

A N

Mr. Kelly, a Stanford Law School student, wrote this article while attending Brigham Young University. He appreciates the helpful advice he received from James R. Kearl, Leonard J. Arrington, and J. Kenneth Davies in its preparation.

Hidden Treasure outcrop near Ophir in Rush Valley showing early mining methods. USHS collections.

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Originally, d u r i n g the Civil War, the mines in Rush Valley were considered the most valuable in Utah, but when they were first worked they did not profit their owners because of lack of economical transportation for ore out of the territory. When the war e n d e d the soldiers a m e n d e d their local mining bylaws to make themselves perpetual owners of the mines, even though they were r e t u r n i n g to California. Many historians assert that this action prevented develo p m e n t of mines in the district when the railroad m a d e mining feasible. 1 But research indicates the Rush Valley mines were worked when the Utah Central Railroad made them valuable. O n e of the main reasons for this was that the custom-based, early mining p r o p erty rights dictated that mines must be worked to be held as p r o p erty. T h e Rush Valley case illustrates the power of these customs to dictate property rights. Even though rights were explicitly determined by mining district bylaws, they were subject to the customs they were based on.

When the first mineral discoveries were m a d e in the West, there was virtually no state or federal legislation to protect mining p r o p erty rights. Because of this, miners banded together to form mining districts that protected their claims. Whenever a major strike occurred, a mining district was usually organized immediately. T h e miners gathered to write u p a code of bylaws that specified district boundaries, claim location rules, size of an area that could be claimed, work required to maintain a claim, and claim recording procedures. At the same time, a district secretary was elected to record the status of all claims, and specific procedures were given for changing the bylaws. Some districts even drafted rules that punished thieves, m u r d e r e r s , and claim jumpers. 2 Although each district was free to form its own laws, a pervasive custom emerged in the West that defined mining property rights by their use. This is described by nineteenth-century historian Charles H. Shinn, who extensively analyzed mining camp history: T h e laws of the h u n d r e d s and thousands of camps that grew and decayed in the Pacific coast region, differing though they did in many 'Orson F. Whitney, History of Utah,A vols. (Salt Lake City: George Q. Cannon & Sons Co., 1893), 2:272; Bert S. Butler et al., Ore Deposits of Utah (Washington, D . C : U.S. Geological Survey, 1920), p.

363; T. B. H. Stenhouse, Rocky Mountain Saints (New York: D. Appleton & Co., 1873), p. 716; Leonard J. Arrington, "Abundance from the Earth: T h e Beginnings of Commercial Mining in Utah," Utah Historical Quarterly 31 (1963): 204.

2 Rocky Mountain Mineral Law Foundation, ed., The American Law of Mining, 5 vols. (San Francisco: Matthew Bender, 1980), 2:22-23.

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Thus, mining in California, and later throughout the West, became based on a system of mining claim location and annual assessment. Under these rules anyone could locate a mining claim by simply staking it out and reporting it to the district recorder. In order to maintain his location the miner had to fulfill an assessment, an annual work requirement on his claim. Along with this, a rule usually limited each miner to a small section of placer ground or one small claim on each vein of ore.

This system became an entrenched custom in the West. By 1866, when Congress enacted its first law that dealt with western mining, more than 1,100 mining districts had already enacted location and assessment laws.4 It is not surprising, then, that this widespread custom was followed when the first mining district was organized in Utah. That event occurred September 17, 1863, when miners organized the West Mountain Mining District to regulate mining in the mountains west of Salt Lake City. T h e new district's bylaws included the limitation that a miner could locate no more than one 200-foot claim on each mineral vein and that he must do "one faithful day's work" on his claim each month in order to prevent the claim from being j u m p e d . This system of regulation was eventually adopted in all early Utah mining districts. 5 This location-assessment system became widespread because it was efficient â&#x20AC;&#x201D; it permitted allocation of mineral resources to individuals who exploited them. T h e r e were several reasons for this efficiency.

First, the system brought low transactions costs in locating and relocating claims. When a miner found a vein of valuable ore on public land, he did not have to go through a long process of obtaining an official deed to the land from the government. He simply staked out his claim and reported the action to his district recorder.

If the locator failed to develop his claim, it was automatically opened for relocation. T h e potential relocator was free to prospect to find abandoned claims. In this way he acted as the costless administrator 3 Charles Howard Shinn, Mining Camps: A Study in American Frontier Government (1885; reprint ed., New York: Alfred Knopf, 1948), p. 223.

4 Ibid., p. 225.

5 Arrington, "Abundance from the Earth," pp. 196-98.

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of the system. T h e relocator made sure that whenever a titleholder failed to work his claim, he was in danger of losing it.6 Second, the location-assessment system forced mine owners to recognize land values. If the land title was given to those who did not exploit the minerals on it, miners could legally have claimed large areas of land and left them unexploited, even though the land might have yielded large profits to its owners. With regulations that forced owners to work the land, mining property could be held only by those who actually knew the land's worth. Because of uncertainty in estimating the value, size, and length of ore-bearing veins, it was virtually impossible to tell the full value of mining land without working it. Miners claiming large tracts of land without working them would have prevented society from fully ascertaining the value of its mineral resources.

Third, the location-assessment system provided incentive to individual miners. When a miner knew he could have title to land by simply finding precious metals on it, he had a strong encouragement to search for new ore-bearing veins. At the same time, the system encouraged men to fully exploit recognized mining discoveries.

Since each individual could claim only a limited amount of ground, there was room for other miners to come in and exploit areas already shown to be valuable.

Thus, the mining land allocation system originally adopted in Utah was simple and efficient. But it did not always remain that way.

Miners were not required to follow western customs in drafting their local regulations. So when an unusual turn of events occurred in the Rush Valley Mining District, the miners there were free to adopt bylaws that restricted mining in the area.

T h e story of the Rush Valley Mining District began when Col. Patrick E. Connor was sent to Utah during the Civil War with a detachment of California and Nevada volunteers. Connor, the commander, was an Irishman who had performed well as a soldier during the Mexican War, but he had left the army to mine and settle in California. When the Civil War broke out, he left his business to volunteer for the service. On August 6, 1862, lie assumed command of the Military District of Utah and led his detachment across the Great Basin to Salt Lake City.7 6 Earl M. Wunderli, "Annual Assessment Work as Notice to Prospectors," Utah Law Review 6 (1959): 391-405.

7 Gary L. Watters, "Utah Territory,"/ourna/ of the West 16 (April 1977): 49.

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Utah Historical Quarterly

Patrick E. Connor stimulated Utah mining.

USHS collections.

T h e volunteers were assigned to protect the mail route, subdue Indian tribes in the area, and to keep an eye on the Mormons. They established Camp Douglas in Salt Lake City, but after a few confrontations with the Indians, found they had little to do. Instead of letting his troops sit idle, Connor encouraged his men, many of them former forty-niners, to prospect for gold and silver. Several discoveries were made; so by 1864 when troops were sent to establish a post near the present site of Stockton, Utah, they were eager to comb the countryside for minerals. By June of that year the soldiers' success in the area led them to organize the Rush Valley Mining District from its parent West Mountain District.8 T h e bylaws were similar to those drafted earlier in the territory.

They included a limit of 200 feet for each claim along each vein, a one-claim-per-vein limit, and a "one faithful day's work" per month assessment. In addition to this, there was a provision for patenting claims. When a miner had spent $300 developing a claim, it was agreed to be his permanently and not subject to an assessment requirement. This rule was designed to promote long-term investment in mines. 9 T h e Rush Valley District became the biggest boom area in Utah.

More than 500 claims were made as soldiers searched the hills.

"Stenhouse, Rocky Mountain Saints, pp. 714-15.

"U.S. Bureau of Census, The United States Mining Laws (Washington, D.C: U.S. Government Printing Office, 1885), p. 620.

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Connor named Stockton in Rush Valley after his California home. Building housed stage office. USHS collections.

Officers at Camp Douglas organized the Rush Valley Smelting Company to process ore from the mines, and in 1864 Connor supervised the first major precious metal smelting furnace in Utah Territory. Soon after this furnace was completed, several others were started to process the ore being mined. T h e same year, the Knickerbocker and Argenta Mining and Smelting Company was organized in New York City to direct capital to the mining operations in the area. In 1864 and 1865 this company alone spent $100,000 developing the mines.

By the late summer of 1865 the boom had ended. T h e Californians were unable to make their smelters pay. They suffered from a lack of the technology needed to process the ore, shortages of charcoal for their furnaces, high mining costs (powder was $25 a keg, and tunneling cost $60 a foot), and high transportation costs.

T h e Knickerbocker and Argenta Company was bankrupt; mining activity ground to a halt.10 At the same time, the end of the Civil War brought the discharge of the volunteers from the army. T h o u g h most of the soldiers were ready to return to their homes in California and Nevada, they wanted to hold on to their mining claims, should they wish to work them in the future. With an eye ahead, the soldier-miners eliminated '"John R. Murphy, The Mineral Resources of the Territory of Utah (Salt Lake City: James Dwyer, 1872), pp. 2-3.

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the assessment requirement from their bylaws and rewrote their rules to include a provision allowing them to hold their mines perpetually. Meeting on March 4, 1865, they added the following to their district regulations: Whenever a mound of stone three feet in diameter on the ground and two feet high, shall be erected having a permanent notice posted thereon, naming the lode and company, and the sum of three cents per foot shall have been expended upon the claims of any company of this District, the ground so claimed by said company shall be deemed as belonging in fee to the owners and their assigns, and the same shall not be subject to relocation by other parties ever after. 11

Since most claims were 200 feet long, the new bylaws meant that a soldier who put $6.00 into his claim could hold it for life. With this regulation added to the local mining code, the volunteers disbanded and headed for home.

Some mining historians have asserted that these self-interested actions delayed development of the Rush Valley when the Utah Central Railroad made mining feasible in 1870. Referring to the soldiers' rewriting of their local bylaws, Orson F. Whitney wrote in his History of Utah: "This action, preventing as it did all subsequent relocation of the same ground, greatly retarded, and in fact prevented for some years the development of the mines in the Rush Valley District."12 Bert S. Butler, writing for the U.S. government in The Ore Deposits of Utah, also subscribed to this view.13 T. B. H. Stenhouse, in Rocky Mountain Saints, quoted an early mining historian's account reporting that the soldiers' actions "resulted in the greatest injury to the cause which had its rise in their energy and determination." Because of the 1865 bylaws, the account added, "the mines of Stockton long lay under a ban, and it is only since the wonderful discoveries made in neighboring canyons, that mining has been energetically resumed there." 14 It is apparent, however, that the bylaws could have delayed efficient development of the area for no more than two years. It was not feasible to work the mines until the Utah Central Railroad was completed in January 1870, and in 1872 Congress enacted legislation that mandated annual assessment work on all mining claims.

This legislation would have voided the 1865 Rush Valley bylaws.15 ll

The United States Mining Laws, p. 621.

Whitney, History of Utah, 2:272.

13 Butler et al., Ore Deposits of Utah, p. 363.

14 Stenhouse, Rocky Mountain Saints, p. 716. lh The United States Mining Laws, pp. 53-55.

12

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Research reveals several problems with this version of the Rush Valley story. Existing court histories show that local mining regulations were held valid only when they reflected the customs of those in the mining district. In his nineteenth-century study of western mining camps, Charles Shinn explained that courts generally held that mining customs were "allowed to take precedence over written district laws" when those laws were "disregarded or long neglected."

He went on to explain that district bylaws had no binding power on the miners beyond the point that they were generally accepted. They were not imposed on society; they were agreed upon. This is the way the courts viewed them. Shinn stated: What gives district laws their authority is not their mere enactment, but the obedience and acquiescence of the miners following upon their enactment; and a custom in itself reasonable and generally observed ought certainly to take precedence over a generally ignored strict written law. T h e moment a district law falls into disuse, it is void. 16

Thus, the 1865 Rush Valley bylaws were valid only because the miners in Rush Valley at that time agreed to them. T h e soldiers who made perpetual claim to their mines could expect to keep them only if a majority of the miners who later came to Rush Valley agreed to that idea. It is not clear whether the 1865 miners realized this; if they did, their rule change may have been only a hopeful gesture, made with a recognition that it might be eventually overturned.

Whatever the vounteers' intentions, history took its course. As one might expect, the coming of the railroad meant increased opportunity to open the Rush Valley mines to full development, and later miners who entered the district had the incentive to change the 1865 perpetual-claim laws.

Several sources indicate that the Rush Valley mines were exploited in the early 1870s. Part of this development came when some of the original claimants returned to Utah to work their mines.

One of them was Patrick Connor, who in 1866 refused a promotion in the Army to return to Stockton, Utah, to resume his mining interests. 17 It seems likely that other soldiers returned at that time to work with their former commanding officer.

Later, the coming of the railroad induced more of the volunteers to return. John Murphy, a historian who gave a first-hand

16 17

Shinn, Mining Camps, p. 260.

Fred B. Rogers, Soldiers of the Overland (San Francisco: Grabhorn Press, 1938), pp. 251-52.

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account of the mines, indicated in 1872 that several of the California Volunteers had returned to work their claims: Many of the original locators of the West Mountain and Rush Valley Districts returned in the years 1869 and 1870, and renewed operations on their old locations. They entered into combination with capitalists for the development and practical working of their interest, and soon erected suitable reduction works. 18

Even the locations that were not reclaimed by Connor's men were opened for development. Apparently missed by Whitney and other writers was an 1880 census report of the Rush Valley district indicating that the California Volunteers' restrictive bylaws were overturned on May 12, 1870: In May, 1870, there were 850 locations on the books of the Rush Valley district, but most of the titles had lapsed. At that time a party of miners came from White Pine Nevada, reorganized the district, and j u m p e d everything. 19

Although this report may be slightly inaccurate (could a small group of miners "jump everything" when there were over 500 18

Murphy, Mineral Resources of the Territory, p.5. '"U.S. Bureau of Census, Statistics and Technology of the Precious Metals (Washington, D . C : U.S. Government Printing Office, 1885), p. 447.

Completion of the Utah Central Railroad renewed interest in Rush Valley mining. USHS collections.

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Mining Property Rights

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claims?), it suggests that the Rush Valley bylaws were changed by 1870, shortly after the coming of the railroad to Salt Lake City made it feasible to mine. A check of mining bylaw records verifies in May 1870 new local regulations were drafted by a committee of five, and that twenty-two miners voted to elect a new recorder and unanimously to adopt new rules. These new bylaws imposed an annual assessment requirement on all claims and thus opened up the Rush Valley mines for relocation. 20 Since local mining laws had their basis in custom rather than statutory force, this change was perfectly acceptable.

It was also acceptable for miners to form a new district (with new bylaws) within the borders of the original Rush Valley District. A new district was formed when high-grade ore deposits were discovered in Ophir Canyon, at the southern end of Rush Valley. With the discovery of valuable ore, miners came from many regions to stake their claims. On August 6, 1870, soon after the discoveries were made, miners agreed to new bylaws that required annual assessment work on the mines. Their rules also required a fifty-cent fee for miners to transfer their claims from the Rush Valley records to the Ophir District books. If a miner was not there to transfer his claim to the new district's records, it must have lapsed as a matter of course. 21 John R. Murphy reported that forty claims made by Connor's men in 1864-65 were in the new district; and he wrote in 1872 that, with the flood of relocators, "litigation would seem inevitable between the claimants of the old and new rights by location."22 Court records dealing with those specific cases are nonexistent, but custom dictated that the relocations would have been held valid.

One such relocation in the Ophir District was noted in The Ore Deposits of Utah: T h e Hidden Treasure mine is situated on a steep hillside above and three-quarters of a mile northeast of Jacob City. It was located in 1865 as the St. Louis lode by Gen. Connor's soldiers, who had been told

by Indians of the outcropping boulders of galena. Little work was done until April, 1870, when it was relocated as the Hidden Treasure.

T h e account goes on to state that the mine had produced several thousand tons of ore by 1874.23 20

The United States Mining Laws, pp. 622-23.

'Ibidâ&#x20AC;&#x17E; pp. 651-52. " M u r p h y , Mineral Resources of the Territory, p. 5. " B u t l e r et al., Ore Deposits of Utah, p. 367.

2

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Given the excitement caused by the ore discoveries and the customs dictating that mining property rights came only through use, it must have been impossible for one of Connor's men to return to his 1865 Ophir Canyon claim after 1870 and expect to repossess it.

Murphy explained: The discovery of rich chloride ores in Ophir Canyon district assaying very commonly from $500 to $5000 per ton, added to the success attending the explorations of the Cottonwood mines, caused a large influx of the old pioneer class of explorers and prospectors from Nevada, California, Montana, Idaho, and Colorado; the result of which was the discovery of many really valuable mining properties. 24

Clearly, when it became profitable to work the mines, the 1865 bylaws were no more than a temporary obstacle. As the 1880 census report reveals, interest in Rush Valley rose and fell according to the mineral finds made there: Very little was done in the district until 1875, when there was quite an excitement. It gradually died out, however, until 1879, when the large ore body in the Great Basin mine was discovered. Except at the above mine little is being done.

The Rush Valley scenario shows that early Utah mining regulations had their basis in custom. They came into existence because they were needed and accepted. They lasted as long as a consensus supported them. When a small group of soldier-miners tried to redefine property rights contrary to the custom of efficient usage, the men were ultimately overruled by those who respected generally held custom.

Ultimately, the roots of property rights lie in the accepted norms of the society that creates them. When those norms become widely established, they usually find their way into legal codes. As one legal theorist put it, "Custom is a law creating procedure in the same sense as legislation."26 Because western mining customs were pervasive and provided efficient allocation of mining resources long before Congress acted on the question, they formed the basis for law.

In the end, new technology, and not new mining laws, opened the Rush Valley mines to full development. As more sophisticated mining and processing techniques were developed, the Rush Valley 24

Murphy, Mineral Resources of the Territory, p. 5. â&#x20AC;˘''Statistics and Technology of the Precious Metals, p. 447.

26 Hans Kelsen, General Theory of Law and State, trans. Anders Wedberg (New York: Russell and Russell, 1961), p. 128.

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area became a steady producer of gold, silver, copper, and lead.

After the surface ores were expended, mining companies exploited the ore deposits underground. By 1889 there were 11,500 feet of openings, and miners were working 660 feet below ground level. At the beginning of the twentieth century miners moved deeper when the Bullion Coalition Company constructed a drain tunnel that allowed it to exploit even lower deposits of ore. With this intensified development of the area, the Ophir and Rush Valley districts had produced over $31 million in precious metals by 1917 and gained an important position in Utah's mineral producing community. 27 27 Butler et al., Ore Deposits of Utah, pp. 364, 370-74; Fred H. Perkins, "Geology of Stockton Mining District," Salt Lake Mining Review, December 30, 1902, pp. 58-59.

Charles W. Penrose.

USHS collections.

"To Get U[tah] in U[nion]": Diary of a Failed Mission E D I T E D B Y W I L L I A M C. S E I F R I T

was nearly fifty years l o n g . B e g i n n i n g with t h e 1849 c o n s t i t u t i o n a l c o n v e n t i o n memorializing Congress to accept the newly drafted Constitution of Deseret and to admit Deseret as a state, and continuing until the executive o r d e r was signed in J a n u a r y 1896, Utah statehood was a battle fought on almost uncountable fronts. T h e history of those official efforts is well chronicled. 1 Issues such as free state vs. slave state, female suffrage, national political control of newly created

U T A H ' S "OFFICIAL" MARCH T O STATEHOOD

Dr. Seifrit is an editor in Salt Lake City. H e gratefully acknowledges the assistance and encouragement of Gary T o p p i n g and the late J o h n James in the preparation of this diary.

'See, for example, Stewart L. Grow, "A Study of the Utah Commission, 1882-1896" (Ph.D. dissertation, University of Utah, 1954); J o a n Ray Harrow, "Joseph L. Rawlins, Father of Utah Statehood," Utah Historical Quarterly (hereafter referred to as UHQ) 44 (1976): 59-75; Howard R. Lamar, "Statehood for Utah: A Different Path," UHQ 39 (1971): 307-27; Gustive O. Larson, The "Americanization" of Utah for Statehood (San Marino, California, 1971); Edward Leo Lyman, "Isaac T r u m b o and the Politics of Utah Statehood," UHQ 32 (1964): 9-31; B. H. Roberts, Comprehensive History of the Church of Jesus Christ of Latter-day Saints, 6 vols. (Salt Lake City, 1930), 6: 21-346; and Henry J. Wolfinger, "A Reexamination of the Woodruff Manifesto in the Light of Utah Constitutional History," UHQ 39 (1971): 328-49.

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states, home rule, and polygamy were some of the sticking points impeding statehood for Utah Territory; each of these (and other issues less inflammatory) has been described often and frequently in great detail.

But what of other, unofficial and nonpublic statehood efforts?

At least one such unofficial — and certainly nonpublic — effort was made and is described here in the words of the principal participant: Charles W. Penrose.

T h e major events in the life of Charles W. Penrose (1832-1925) are readily available and need only be summarized. 2 English by birth, he was converted to the LDS faith at age eighteen and began thereupon a steady rise in social and church influence. Among his responsibilities may be numbered several mission presidencies (including the British and European), contributing editorship of the Millennial Star, editor of the weekly Ogden Junction, four-term Ogden city councilman, and several terms in the territorial legislature where he was known as a champion of woman suffrage. His relocation from Ogden to Salt Lake City saw his appointment as editor-in-chief of the Deseret News, a position he held from 1880 through 1892 and again from 1899 through 1906. In addition to those activities Penrose wrote a number of pamphlets and hymns.

Like m a n y m e n of his time a n d station P e n r o s e was a polygamist; his wives included Lucetta Stratford, Louisa M. Lusty, and Dr. Romania Bunnell (Pratt). Fifteen of his twenty-eight children lived beyond infancy.

Through the years he continued to rise in church responsibility.

In 1904 he became a member of the Council of the Twelve; he served as counselor in the First Presidency from 1911 until his elevation to first counselor in 1921.

In his early fifties Penrose thus presented both the image and substance of a devout churchman, accomplished writer, and experienced politician — a man of affairs in Zion. He was therefore a logical choice for a political mission of intense concern to the LDS church: statehood for Utah.

Of the twenty known extant Penrose diaries 3 the one he kept during his 1885 expedition to Washington and New York City is the 2 See Edward W. Tullidge, History of Salt Lake City (Salt Lake City, 1886), pp. 140-44. Much of the Tullidge material was included, unchanged, by Andrew Jenson in his later LDS Biographical Encyclopedia, 4 vols. (Salt Lake City, 1901), 1: 256-61, and 3: 769-70.

3 Ownership of these diaries was conveyed by Deed of Gift from Charles W. Penrose, Jr., to the Utah State Historical Society on February 6, 1975.

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most insightful politically. His daily accounts of events, persons encountered, the apparent plot to defraud the Mormon church of many thousands of dollars in lobbying funds, the other evidences of political corruption, and his own glancing brushes with a number of persons prominent at the time help illuminate a shadowy episode in Utah history.

In the following diary excerpt Penrose describes how he and Brigham Young, Jr., having been so directed by the First Presidency, move about Washington, D . C , and New York City in January and February 1885, attempting to place $20,000 in church funds where such a sum would help "get Utah in Union." This diary is rich in intrigue and adventure not only because of the purpose of this mission but also because Penrose was about to be indicted for unlawful cohabitation, and U.S. Marshal E. A. Ireland was frequently but a step or two away.

T h e diary excerpt presented here includes Penrose's entries from January 3 to February 24, 1885. They are reproduced as they appear in his own hand; marginalia and interlineations appear within brackets as do corrections of his infrequent grammatical errors. Editorial deletions from the diary are so indicated, and occasional punctuation has been added silently to enhance clarity.

Penrose almost uniformly identifies participants in the affair here recounted by their initials; he uses abbreviations but occasionally. T o preserve the flavor of his style (while attempting to achieve clarity of name identification) his first usage of name initials is completed within brackets; further use of name initials by Penrose is left as in the original. For example, Penrose always uses "B.Y." when he refers to Brigham Young, Jr. January 3 1885. Arose at 5 o'clock at W. R. Jones.4 After breakfast bid my wife Lucetta good bye also folks and Will5 having found way clear went to U[tah] C[entral] depot and boarded Supt [John] Sharp's Special car S.L. Hill in charge. J[oseph] F. S[mith] and M. F[eramorz] L[ittle] had slept there over night expecting me till 2 a.m. Reached Ogden on time, depot Marshal [Oscar] Vandercook on the look out. No interruption. Company consisted of John Taylor6, J[oseph] F. S[smith], B[righam] Y[oung, Jr.], 4 William Richard Jones was Penrose's son-in-law, a tailor living at the time at 176 South Third West; Jones was married to Jessie Lucetta, Penrose's eldest daughter.

5 "Will" is probably Penrose's son George William (b. October 14, 1871).

6 It is interesting to note that Taylor's presence must have been kept most secret from all but those directly involved in this mission. B. H. Roberts, for example, in describing Taylor's "retirement from public view," places Taylor's return from Arizona and southern Utah in "the latter part of January" (1885), but Brigham Young, Jr. (and certainly Penrose) met with President Taylor on

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Brigham Young, Jr. USHS collections.

M[oses] T[hatcher], F. M. L[yman], G[eorge] Q[uayle] C[annon], C. M[iller?], Lot Smith, Jesse N. Smith, George Reynolds, Dan Spencer — J o h n Sharp in charge. 7 Had meals and councils in his car, berths in Pullman.

Geo. Q. C. returned [to SLC?] from Ogden. [Interlineation: "Matthias F[oss] C[owley], Miller, a lady Kouski on board"] 8 Waited at Green River three hours for train on Oregon Short Line — not a passenger on board.

Slept well, lower berth.

December 31, 1884, and again in Ogden on January 3, 1885. Roberts, Comprehensive History, 6: 122.

7 The personnel concentrated in this rail car meeting certainly represented the then existing power center in Utah: the entire First Presidency of the Mormon church (including President Taylor's secretary George Reynolds) and several of the Quorum of the Twelve. Most of those present were, or were about to be, "on the underground" and met at no little risk to themselves — and to the church entire.

George Q. Cannon's son Abraham H. offered additional insight into the personal risks engendered by this meeting: "The persecution of polygamists still continues. C. W. Penrose is now hiding it seems, and Apostle Woodruff avoids being seen." Two days later Cannon wrote that "George Reynolds is now being sought by deputy-marshals." See Abraham H. Cannon Journal, December 31, 1884, and January 2, 1885, Special Collections, Marriott Library, University of Utah, Salt Lake City.

8 This entry is interlineated in Penrose's Diary and is here reproduced at approximately the same point as it occurs in the original. Given the number and rank of the other church leaders in attendance already, Cowley's presence is not unusual. It is unlikely, however, that "a lady Kouski" is merely a stray passenger; who she was and what her presence signified remain undiscoverable.

"C. Miller" is almost certainly the "F. Miller" who was introduced to Brigham Voung, Jr., at the outset of this mission by President John Taylor. Brigham Young, Jr., wrote that he "was introduced to a Mr. F. Miller. He represents himself as the secret agent of the incoming [i.e., Grover Cleveland] administration, who are desirous to wipe out the Territorial question by admitting us as a state." See Brigham Young, Jr., Diary, January 1, 1885, LDS Church Library-Archives, Salt Lake City.

Jesse N. Smith's roster differs slightly from Penrose's in that Smith includes Charley Barrell.

Smith also noted that "A politician calling himself Miller dined with us." Six Decades in the Early West: The Journal of Jesse Nathaniel Smith, ed. Oliver R. Smith (Provo, Ut.: Jesse N. Smith Family Association, 1970), p. 299.

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Jan 4th Sunday. Council held in Sharp's car. Agreed that half Indian War claim be given to collect balance. 9 Also $25,000.00 towards expenses to get U[tah] in U[nion]. 10 Map marked for arrangement, a S f . n "When is a lunch basket not a Lb.?" At Cheyenne all the party but B.Y., Miller and I went on to Denver for Arizona. We proceeded east 4 hours late. Make up two hours in evening and two in the night. Slept well.

Jan 5. Arrived in Omaha on time. Crossed big bridge to Council Bluffs. At Council Bluffs failed to see Mr. Babcock. Mr Alworth could only give us half fares to Chicago instead of passes. Paid $ 18.75, three half fares.

Went by C. and N.W. One night on cars. Rested well except waking with stoppings. Arrived in morning.

Tuesday Jan 6. Arrived at 7 a.m. Hair cut, breakfast. Saw J.M. Hurlburt of Erie road, made appointment at 2 p.m. Took cable for long ride. Wet day, gloomy and dark. Looked like a bad day in London. Went into a rotunda. Saw panorama siege of Paris, very fine. Also Battle of Gettysburgh. Lecture by an Irishman. Had oyster dinner. Met Mr. Hurlburt.

Gave us passes to Durand, thence to Detroit, thence to Suspension Bridge with arrangement for pass there to New York. Treated us very kindly.

Went to depot, took a "gurney," a singular two wheeled cart with a box â&#x20AC;&#x201D; like a miniature cab and removed our baggage to Union Depot in Polk Street. Passed along worst street in Chicago, men robbed every night by sandbag roughs. Returned by car. Took clam chowder etc at Boston Oyster House â&#x20AC;&#x201D; a fine place lit by electric lamps. T h e n went to Dime Museum, saw several curiosities, tatooed man, hairy woman, etc. etc. Went to depot, took sleeper to Durand.

Wednesday Jan 7th. Arrived at 7:30, took a poor breakfast, waited till 9.15 for train for Detroit. Arrived there about noon, went to the House of Correction. Saw the Supt., Mr. Joseph Nicholson, the Asst Sup., Mr. J o h n Fitzgerald sent for Bros. Am[m]on M. Tenney, Peter J. Christofferson, and C.I. Kempe who appeared in dark grey prison dress. Bro Tenney was much cast down, the others cheerful. We had a long conversation and cheered them up. Bro Kempe's cell was changed for a lighter one where he could read. We went through the prison, both male and female quarters, and saw the prisoners at work, the chief employment being chair making.

In the evening at the hotel I wrote an account of the visit to the "Deseret News" 12 and also wrote home. At 11 p.m. took train for Niagara and slept on Pullman.

"This entry suggests that the church leaders then present agreed to reduce the territory's total claim to expedite payment of at least half the amount originally requested in settlement of Black Hawk War expense claims. '"Subsequent entries support this interpretation of Penrose's phrase, "to get U in U." " I . e . , a secret sign, a signifier, a password. T h e phrase does not appear again in the diary, but its presence indicates the degree of seriousness with which the church leaders then present regarded their political work. Ciphered messages were commonly used by Mormon church leaders of the period.

12 Deseret News, January 21, 1885, p. 7. These three Arizona Mormons had been sentenced in Prescott by J u d g e Howard to three years and six months imprisonment plus fines of five hundred dollars each for unlawful cohabitation. Penrose does not mention it in the present diary nor in his newspaper article (signed "A Michigander"), but Brigham Young, Jr., counseled the three Detroit

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Thursday Jan 8. Arrived at 7 a.m. at Suspension Bridge where we expected passes to New York. None came. Waited for them till afternoon.

Took carriage and B.Y. and I visited Whirlpool Rapids where Cap Webb the swimmer was drowned, also the Horseshoe and American Falls. I put on rubber coat and boots and went u n d e r the end of the falls being almost blinded and choked with spray. Iron prongs on the boots enable[d] me to climb over the hill of ice. Returned and took dinner at the hotel and no passes arriving took train for Buffalo where we walked around town till evening. Governor [and President-elect Grover] Cleveland arrived from Albany. We took train at 9 o'clock to Albany and slept in Pullman.

Friday Jan 9. Arrived at 6 a.m. in Albany. Went to Brunswick Hotel and took rooms. "Miller" 13 hunted up men interested in our mission. We took a ride out on street cars to West Troy, crossed river by bridge to Troy on the other side of the Hudson in which there were large quantities of drift and block ice. Took a stroll through the town and returned to Albany by railroad. In the afternoon Miller came with a number of questions to be answered in writing. I at once wrote out the replies and then copied them in ink on foolscap paper B.Y. reading them off while I wrote. Finished by six o'clock and Miller took them to the parties. We went to Leland's Theatre and saw "Her Atonement" pretty well played, then returned and slept at the Brunswick.

Saturday Jan 10. After breakfast took cars and rode a couple of miles and return[ed]; went through the Capitol, a magnificent building not yet completed. Nearly $16,000,000 has been expended on it and it will take over $6,000,000 more to finish it. Went up no the top by elevator and into rooms containing museums, relics of the civil war; guns, torpedoes, shells, swords, pistols, dirks, helmets, armor, protraits of horses, flags, etc in great profusion. Went through the Senate Chamber and House, both fitted up gorgeously; also went through the State Library. Returned to hotel after taking an "egg celery" 14 and learned from Miller that we were to go to New York. No letters at Post Office. Took train for New York on the Hudson River route, enjoyed the scenery by the way. Arrived at 7 p.m., took bus for Koch Hotel, found it to be Broadway Hotel between 12 & 13 St. Broadway and a quiet but poor house with a good restaurant below. Took rooms & supper, then a walk and called in at a building looking like a church but which turned out to be a place of entertainment combining a stage performance with public dancing. Two men put on the gloves and we retired.

Had a good night's rest. prisoners to learn all they could about prison operations and administration against the time when "our people" might have need of such a facility. See Brigham Young, Jr., Diary, January 7, 1885.

Christopher Jensen Kempe himself provides further details of his arrest and imprisonment (with Peter J. Christofferson and Ammon J. Tenney) in a brief autobiographic statement written after the event and now in the Utah State Historical Society Library.

13 "Miller" appears again and again in this diary; the name is almost certainly pseudonymous, given Brigham Young, Jr.'s characterization of the man plus Penrose's use of quotation marks around "Miller." This person's true identity, how he was able to convince the First Presidency of his claimed influence with the Cleveland administration, and what became of him remain unanswered questions.

14 An egg-based sauce generally served with fish.

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John Nicholson edited News in Penrose's absence. USHS collections.

Sunday Jan 11. Mr. Miller came with a string of important questions to be answered in writing. B.Y. went to hunt up some friends in Brooklyn. I went with him to the boat, Fulton Ferry, and returned by car; then spent the day which turned out a drizzling wet one in my room writing the answers in pencil till five o'clock when I took some dinner and then a walk, posting a letter to [John] Nicholson. 15 Returned but as B.Y. had not come back I took a longer walk. When I returned [I] found B.Y. with his son Albert, 16 R[ichard] W h i t e h e a d ] Young, 17 and Wm. Chas. Craft of Brooklyn.18 T h e latter invited me to go to his house with B.Y. We took the elevated railroad and boat across East River, then Flatbush car and came to his house, a new one he had just bought for his wife to whom I was introduced â&#x20AC;&#x201D; Mrs. Lizzie Young's sister â&#x20AC;&#x201D; and was kindly treated having a nice place to stay in a pretty brown stone front house.

Monday Jan 12. After breakfast took car and boat to New York; went to hotel and worked on copying Sunday's writing till 3 p.m. when Miller came and took it away. We went to Brooklyn and took dinner with and spent the evening comfortably at Kraft's.

Tuesday Jan 13. After a shave at a barbers took breakfast and crossed to New York. Went with B.Y. to tailor's to get measured for a suit for him. He 15

John Nicholson was de facto editor of the Deseret News during Penrose's absences.

Albert Carrington Young, son of Brigham Young, Jr., and J a n e Carrington.

17 Richard Whitehead Young was the son of Joseph Angell Young and Margaret Whitehead; at the time Penrose was writing, R. W. Young was assigned to Governor's Island, having recently graduated from West Point (1882) and the Columbia College Law School (1884). He was married to Minerva Richards.

18 Penrose was not given to errors of identification, but the person to whom he refers in this entry and in entries for the next several weeks is most probably Charles Herman Kraft (1849-1918). Kraft was the son-in-law of Brigham Young, Jr., and was married to Katie Bell (Young), daughter of Brigham Young, Jr., and Elizabeth Fenton; further, Kraft's first wife (who died in childbirth) was Emily Fenton, a sister of Elizabeth. See Kraft's obituary, Deseret News, April 23, 1918, p. 6.

16

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went to another place with Kraft, I to the hotel; met Miller who expressed the satisfaction of the gentlemen at the writings. B.Y. and I went to Kraft's office, 18 Cliff Street, and through his patent elbow factory.19 T h e n to Fulton Market and took oysters, then across river and on to the New Bridge, at least a mile long all suspended on two immense stone piers each with two gothic arches. Two carriage ways on the outer part, two railroad tracks in the middle part and above in the centre a foot way for pedestrians.

We walked across, returned by cable railway and went to Kraft's to dinner and thence to the Brooklyn Theatre when was saw [sic; where we saw ?]

Riston as "Queen Elizabeth" a fair performance somewhat marred by her Italian accent, then to Kraft's to bed.

Wednesday Jan 14. Went to New York and with C. Kraft to a silk hat place. B.Y. bought one and I was measured. T o Dey Street to hunt for Larabee's work, ° unsuccessful. Bought some collars and a tie. T h e n to hotel. Miller came with some more questions. I wrote answers in pencil.

B.Y. copied part in ink. Evening went [to] Madison Square Theatre. Saw the "Private Secretary," a fine and funny performance, been played for four months. Took some oysters, and B.Y. and I occupied the same bed.

Wrote home today; wrote to Nicholson and [William C ] Spence. 21 Thursday Jan 15. I copied in ink the rest of the answers, and Miller came and got them. He wanted to know if we were ready with everything.

We replied not until we could be perfectly satisfied and communicate with head quarters. B.Y. went to his tailor's; I remained to write. Drizzling wet day, snow and rain. B.Y. returned and then went out to see Dr. Sayer [i.e., Sayre] 22 who gave him a note to Dr. J.D. Bryant, 23 66 W. 35th St. who gave, him a letter to Col. Lamont. 24 Received letter from Geo. Q. with draft.

Took supper and went to Tony Pastor's and saw "Over the Garden Wall."

Friday Jan 16. Miserable wet day. Mr. Miller called, showed us clippings from the Detroit Free Press with an account of our visit to the brethren in prison. This he said was the reason why we had not seen the gentlemen for whom he was working. He expected we would see them Saturday. They were all gone to Albany. I went out to hunt Larrabee's book, did not find it but learned the publishers, 23 Murray St. Went there

'"Plumbingjoints; Kraft was a partner in a manufacturing operation that produced such items.

See note 25, infra.

2 'William C. Spence was during this period a clerk to the trustee-in-trust in the church office with primary responsibilities in finance and transportation.

22 Dr. Lewis Albert Sayre, M.D. (1820-1900) was a noted orthopedic surgeon of the period who helped organize Bellvue Hospital Medical College in New York City. His relationship with Brigham Young, Jr., is unknown, but it is evident that Dr. Sayre was willing to assist Young in developing yet another approach to Grover Cleveland.

23 Dr. Joseph Decatur Bryant, M.D. (1845-1914) was a personal friend and private surgeon of Grover Cleveland; Dr. Bryant served an internship at Bellvue Hospital Medical College (1869-71) â&#x20AC;&#x201D; possibly under the supervision of Dr. Sayre.

24 Col. Daniel Scott Lamont served as private secretary for then Gov. Grover Cleveland beginning in 1883 through the sponsorship of Daniel Manning who also secured for Lamont a position on the Albany Argus. Lamont became the funnel through which supplicants to Cleveland had to pass.

20

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in afternoon and bought it,25 B.Y. also. We went by bus to South Ferry and t h e n c e by boat to G o v e r n o r ' s Island a n d visited Mrs. R[ichard] W[hitehead] Young, the daughter of H[enry] P[hineas] Richards. T h e Island is a pretty place, everything in military order. We had a pleasant visit and after supper returned by boat to New York, rain still drizzling. Made up a cypher telegram to Geo Q.C., one dollar for ten words.

Saturday Jan 17. Wrote article for "News" on Bigamy not Polygamy. 26 Mr. Miller came and told us the parties had gone to Albany and would not return till Monday. Wrote to Bro Geo. Q.C. enclosed to Bro Nicholson with article. Went to N. Y. Elbow Co. and Gough's hat shop and got a hat made for me there. T h e n took some oysters and we went to Brooklyn and spent the evening at Kraft's, 23 Park Place Fifth Avenue. Had a warm bath.

Sunday Jan 18. With B.Y. and C[harles] Kraft went to [Henry Ward] Beecher's Church and heard the great preacher. He read parts of the 7th and 8th Chap[ters] of Romans, 27 made a defence of Anthony Comstock in working against obscene literature, gave out notice of a lecture against Utah by R. G. McNiece 28 and another and preached, after taking up a collection for a society to aid the poor, from Hebrews 4 & 22. "He was tempted in all points as we, yet without sin."29 He [i.e., Beecher] denied the atonement yet preached Christ. He quoted from the Bible yet covertly advocated evolution â&#x20AC;&#x201D; saying that man is animal first and as a basis, to which was suspended the moral and intellectual and finally the spiritual.

God, he said, was sinless [and] therefore was waiting till man became sinless and looked with compassion on sinners. He was not eloquent except here and there, but said some quaint things and provoked occasional laughter.

He looked [to be] a singular and sensuous old man. Had a fine turkey dinner at Kraft's, then took two cars to Williamsburgh and went to a meeting of the Saints at Americus Hall, 174 Grant Street. Were late and Bro Rogers was speaking on the angel's visit to Manoah. 30 We were spotted as from Utah and invited to speak. I did so followed by B.Y., each briefly.

At the close, the President, Bro Flashman, called me by name and said he had met me in Ogden; and Sister Pike, mother of D. Pike, came up and also called me by name, having known me in London and Salt Lake. Made arrangements to have our garments washed and returned to Kraft's and spent the evening. Mrs. K. much opposed to polygamy can't let it alone.

25 Possibly one of the writings of William Clark Larrabee (1802-59), a Methodist minister, educator, and author; his works include: Lectures on the Scientific Evidences of Natural and Revealed Religion (1850); Wesley and His Coadjutors (1851); Asbury and His Coadjutors (1853); andRosabower (1854).

2G Deseret News, January 28, 1885, p. 24 (unsigned). > 2 7 These chapters deal with the limits of temporal law and the law of the spirit.

28 McNiece was a Presbyterian minister and educator of the period generally remembered for his aggressive leadership in the early history of Salt Lake City's Westminster College. His forcefully expressed anti-Mormon views are addressed in his correspondence; e.g., see the letter from Amos Milton Musser written from the Utah Territorial Penitentiary in September 1885, Utah State Historical Society Library.

2 "This reference is unclear â&#x20AC;&#x201D; especially in that there is no chapter 22 in the Book of Hebrews; the text may be Hebrews 4:22.

30 An angel appeared (twice) to foretell that Manoah and his barren wife would parent a child (Samson). Judges 13: 1-25.

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Monday Jan 19. Came to N.Y. by car and boat. B.Y. followed after going to his tailor's. Mr. Miller came and said we would be called u p o n Tuesday. Received letter from Bro Nicholson and some [news] papers.

Glad to get news from home. B.Y. received letter from G.Q.C. with second draft making in all $20,000, 31 I received telegram from F[ranklin] S. Richards 32 that [the] S u p r e m e Court of U.S. had affirmed the habeous corpus against Rudger Clawson, Justices Miller and Field dissenting. Went by car and boat from 10th St. ferry to Greenpoint Williamsburgh and left garments to wash at Bro Flashman's place. Had a conversation with his wife and Bro Stevenson and r e t u r n e d . Walked all the way but across the river. Went with B.Y. to Bijou T h e a t r e and saw Adonis. Very funny and a good burlesque given of Comstock and [Washington ?] Irving. Walked back to hotel.

Tuesday Jan 20. Received a letter from J o h n T. Caine with a list of coming [i.e., newly elected] Congressmen. B.Y. received 2 letters from home. None for me. "News" came to hand. Went to corner Canal Street and bought a frock coat to appear decent as Miller called and appointed 2 p.m. to meet some one from Albany. At time appointed a man came with him calling himself Senator Raymond of Wisconsin. 33 H e said we had better send some trusty person to Washington and suggested Miller, that we had lost time and it was getting late in the session. We informed him that we should do nothing until we had some satisfaction, that we had been waiting about doing nothing and had been kept in the dark and were tired of it. He appeared confused and said he would confer further with us before 12 next day. B.Y. went to see his son. Miller r e t u r n e d and tried to explain matters but gave no satisfaction. B.Y. r e t u r n e d with Albert and we took supper and went to Brooklyn to find Miss Sarah Alexander 3 4 but she was not at home. Returned and called at a museum, saw an ironjawed man, marionettes, and some natural curiosities. H o m e to hotel.

Wednesday J'an 21. Took new coat back to have altered. Miller came and said he had to wait till Friday. Agreed to meet him at hotel at 10:30 a.m.

Had dinner, then went to Grand Central Depot; took train for Albany, 3 ' T h e plan as discussed in O g d e n on J a n u a r y 4 was to expend $25,000 "to get U[tah] in U[nion]." Penrose received a draft for an undisclosed a m o u n t on J a n u a r y 15 in a letter from George Q. Cannon; Brigham Young, Jr.'s draft was for $15,000 on the American Exchange National Bank from ZCMI accompanied by a letter from Cannon. Brigham Young, Jr., Diary, J a n u a r y 19, 1885. Whether or not the a m o u n t authorized to be spent for statehood had been reduced from $25,000 to $20,000 is unknown, at least based on the diaries of the principal participants.

32 Franklin S. Richards was at this time serving both as Salt Lake attorney as well as counsel for Clawson before the s u p r e m e court.

33 Reliable indices reveal no senator or representative named "Raymond" ever represented Wisconsin in the U.S. Congress. See, e.g., Biographical Directory of the American Congress, 1774-1949.

(U.S. Government Printing Office, 1950).

Given the sequence of events just unfolding and which culminate on February 7, 1885, it is reasonable to assume that "Senator Raymond" is a bit player in this affair.

34 Sara Alexander was an actress of limited fame who had emigrated to Utah in 1859. Penrose shared an active theatrical interest with J o h n T. Caine (among other prominent people of the period), and this may account for his wanting to visit with her. Her photograph appears in George Pyper's Romance of an Old Playhouse (Salt Lake City, 1928), following p. 98, and she is r e m e m b e r e d anecdotally in that history. Miss Alexander's account of her trek westward is held by the Utah State Historical Society Library. She has been referred to as a sometime ward of Brigham Young.

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Actress Sara Alexander was visited by Penrose.

USHS collections.

arrived 7.45 p.m., found lodgings. Weather intensely cold, streets slippery, sloughing all over town.

Thursday Jan 22. Found Col. Lamont at 146 Jay Street. He denied knowing Miller or anything about scheme, said he was a fraud. Told us where we could find the Governor. Went to 48 Millett St. and Grover Cleveland met us at the door. Had not breakfasted but gave us an interview. He repudiated any knowledge of Miller, said he ought to be arrested.

We told him of the situation in Utah at which he seemed very much interested; and other calls coming said we might come again at 2 o'clock.

We did so. I fell down on the icy streets, so did B.Y. We found the President-elect and had nearly an hour's good solid talk. Made a good impression, called his attention to many facts and points for which he was thankful. Promised to send him pamphlets, etc. Left well satisfied with our visit. Walked to depot. Train was 40 minutes behind so we just caught it at 3.20 and went to New York arriving at 7.40, took cars for hotel. No letter from home yet. Not getting a good room we went to St. George Hotel opposite. Had good room and fire, also good supper. Sent cypher telegram to Geo. Q. C. Posted journal.

Friday Jan 23. Took breakfast at Broadway Hotel. Went to Greenpoint and got clothes from Flashman's then by car to Brooklyn and visited Miss Sarah Alexander at Mrs. Blackburn's on Jay St. T h e n to Kraft's where we staid [i.e., stayed] all night.

Saturday Jan 24. Went to New York, received letters from home, first time; answered them. Wrote to Prest. Taylor an account of our proceedings. B.Y. did same to Geo. Q. C. After dinner went to Cortland St. depot and arranged to go to Washington. Called at Abbot's office, he was gone.

Returned, telegraphed to J. T. Caine we were coming. Went to Albert C. Young's, West 53rd St. and arranged to have our mail sent on. Took cab

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and went to depot and took Pullman for Washington. Disturbed night.

Trains passing and much shook up. Upper berth.

Sunday fan 25. Arrived at Washington 8.05. Bro Caine met us at depot, took us in carriage to his house; met Mrs. Caine and R[obert] W[allace] Sloan.35 After breakfast engaged nice rooms at $1 per day at Mr. Sarmisida's, 826 Fourteenth St., N.W. [Marginal interlineation: "Saw F.S.R. in morning and told him and J.T.C. our business."]

Took dinner at Caine's, went to "Church of Our Father" Universalists, and heard Rev. Olympia Brown 36 preach on "Seek first the kingdom of God and his righteousness." She spoke clearly and forcibly from notes showing the uncertainty and feebleness of riches. On coming out saw Mrs. E[lizabeth] Cady Stanton, 37 Susan B. Anthony, 38 Mrs. [Harriet Elizabeth] Spofford, 39 and other ladies of the suffrage movement, also Luke [Potter] Poland. 40 Evening visited F.S. and Emily Richards. Met Jocelyn [i.e., Joslyn] Gage, 41 and Mrs. [Laura De Force] Gordon, 42 the latter of California came in to see Mrs. Belva A[nn] Lockwood 43 who lived at the same place but [who] was absent lecturing. Had a long talk with the ladies and also F.S.R. about business. Took a dish of steamed oysters with Sloan and returned; had a good night's rest.

Monday Jan 26. J.T.C. came before I was up stating I was called to go on a mission to England and he was to advise me to proceed. This was startling. But as we had made arrangement to meet Miller and some other work and preparations were necessary I cyphered a dispatch to G.Q.C. telling him so and asking if I was to sail Tuesday or wait a week. Went with J.T.C. to Capitol. Sat in gallery of the House and Bro. Caine pointed out: [Speaker J o h n G.] Carlisle, [Samuel J.] Randall, [Samuel S.] Cox, [Thomas 35 Robert Wallace Sloan was compiler of Gazeteer and Utah Directory . . . 1884; he also served as city editor of the Salt Lake Herald.

36 Rev. Olympia Brown (1835-1926) was a leading feminist/suffragette and the first known woman ordained to the ministry in America.

"Elizabeth Cady Stanton (1815-1902) is best known for her suffragette influence and her joint compilation of History of Woman Suffrage (1881-86).

38 Susan B. Anthony (1820-1906) was one of the foremost leaders in both the temperance and suffragette movements.

3 "Harriet Elizabeth Spofford (1835-1921) was a literary figure of this period and apparently a friend of leading suffragettes.

40 Luke Potter Poland (1815-87) was one of the outstanding reform figures in the midnineteenth century, especially in legal and congressional reform. In 1874 he was also the successful sponsor of a controversial judicial reform bill designed to correct what he saw as inequities injudicial administration in Utah Territory.

41 MatildaJoslyn Gage (1826-98) was an intimate of Susan B. Anthony, Elizabeth Cady Stanton, et al.; among her writings is included Women, Church and State (1893).

42 Mrs. Laura De Force Gordon (1838-1907), yet another reform figure of the period, had been influential in both the press and at the bar in California; she was also one of the first women admitted to practice before the U.S. Supreme Court.

43 Belva Ann Lockwood (1830-1917) was a prominent feminist, educator, and attorney who, in 1879, became the first woman admitted to plead before the U.S. Supreme Court; further, in 1884, as the presidential candidate of the National Equal Rights party, she challenged Grover Cleveland's certification of election in the electoral college.

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B.] Reed, [William D.] Kelly [Kelley?], [Joseph D.] Taylor, of Ohio, [Adoniram J.] Warner his successor, [Thomas] Olchiltree, [Nathan B.] Eldridge, [John D.] White of Kentucky, and many others; then into the Senate and saw [George F.] Edmunds, [George F.] Hoar, [John J.] Ingalls, [Preston P.] Plumb, [William W.] Brown, [William] Mahone, [George G.] Vest, and many others.

[Penrose here provides a lengthy description of the entire Capitol building, omitted in this edited presentation; after leaving the Capitol he visited a number of other public buildings.]

In the evening visited A.M. Gibson 44 and had a long conversation on Utah affairs. He proposed plan to settle and control Nevada, also Sonora, and the importance of getting the political influence of large firms who trade with Z.C.M.I. Talked on the possibilities of Utah getting into the Union.

He suggested putting a prohibition clause against polygamy in the Constitution and afterwards repealing it. We said it could not be done. Congress might propose something, and certain classes vote for it, the rest remaining silent. We returned.

Tuesday Jan 27. Took breakfast at the Ebbet House. P[hillip] T. Van Zile45 sat at the next table. Telegram in cypher came last night saying I could wait till developments were settled before going to England. Went to Capitol, thence to Botanical Garden, National Museum, Smithsonian Institute, and Washington Monument. It is 555 ft. high of a kind of marble 15 ft thick at base, 55 feet square outside. Went up to top in elevator and viewed the city and country from four sides, a magnificent sight. T h e n into a place adjacent where memorial stones from all parts were stored, not put into the monument. Saw Utah stone but as it had ["]Deseret["] on it no stranger could tell it was from Utah. Took dinner at the Clarendon. In the evening with B.Y. and R.W.Y. went to National Theatre and saw "We, Us and Co." a very humorous play. [House Speaker] Carlisle sat behind me.

J o h n T.C. telegraphed to Geo. Q. C. today to know if Guion's would pass me to Liverpool.

Wednesday Jan 28. Breakfasted at Clarendon['s]. An awful morning, snowy and blowing, very cold. Went to J o h n T.'s and read home papers, thence to A.M. Gibson's but he was out. Returned and went to Capitol, attended Supreme Court and heard Ben Butler argue a case. He did not shine much as an orator. T h e n came on our Utah cases against the Com44 Little is known of Gibson; Brigham Young, Jr., characterizes him as "a professional lobbiest [sic]." See Brigham Young, Jr., Diary, January 26, 1885.

45 Phillip T. Van Zile was appointed U.S. district attorney for Utah's Third Judicial District in February 1878. In the first election supervised by the Utah Commission (November 1882) he was defeated by J o h n T. Caine for the congressional delegate's seat vacated by George Q. Cannon. A few weeks later he requested from Attorney General Brewster an even harsher voter test oath than the Utah Commission had written; he was unsuccessful in this effort.

Van Zile was succeeded as U.S. district attorney by W. H. Dickson in February 1884; by February 1885 Dickson had had an indictment returned from Chief Justice Charles S. Zane for Penrose and others. Seeing Van Zile having breakfast at the next table may have been a warning to Penrose because within the next seven days Penrose would have three close brushes with Marshal Ireland and one narrow escape.

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missioners. 46 Senator [George G.] Vest made a good argument on the excess of duty of the Commissioners followed by Solicitor General Phillips for defence. He was confused and indistinct and used shallow sophistry.

Wayne MacVeagh 47 followed and was very strong and pointed on the lack of authority in Congress to legislate on qualifications of voters when Utah had that right herself. At 4 o'clock the Court adjourned till next day.

Learned that Marshall Ireland was in the Capitol. Went with B.Y. and R.W.Y. to St. James Hotel to dinner, then to J o h n T. Caine's, wrote letters home.

Thursday Jan 29. After breakfast at the Clarendon went to John T.'s and while B.Y. took our hats to be repaired, I wrote up for the "News" the proceedings of [the] 28th in the Supreme Court. 48 T h e n went with John T. to the Capitol. On the way he broached the idea that R. W. Sloan might as well go with me over the sea as to wait longer. In the Supreme Court heard: Senators Garland and Edmunds argue a case briefly. T h e n MacVeagh resumed his plea on the Utah cases, chiefly on the lack of power in Congress to make election officers judges of a criminal offence, as in Utah, and deciding on the qualifications of voters. He made an eloquent speech on Mrs. Clawson's case. He was closely questioned by the Court but maintained his position that Congress had no right to legislate on this question after giving Utah power to do so. He closed with a pathetic appeal for Mrs. Clawson and the injustice of disfranchising her because of an offence committed by the husband. At close of the case I congratulated MacVeagh on his brilliant effort. Learned that Ireland was in the building and so went to the law library and waited there for F. S. Richards. He not coming I went out and then into the Rotunda where I found him and following him out he told me Ireland was in the Rotunda talking with J o h n T. Caine. After lunch in the Capitol went to Caine's and finished writing up account of the case for the "News." Went with B.Y. and R.W.Y. to [. . .?] Opera House and saw Maggie Mitchell in "The Little Midget."

Friday Jan 30. Received letters from Lucetta and Jessie also W[illiam] Spence. Met Rob[er]t Watson 49 at depot to whom we had telegraphed to come from New York for a consultation. After breakfast with John T. we all went to Mr. A.M. Gibson's and had a long talk about bringing to bear the trade of Z.C.M.I. on the merchants who have political influence so as to use 46 The Utah Commission was a creation of the Edmunds Act; the five presidentially appointed commissioners were to develop, administer, and enforce the election provisions of the Edmunds Act. This ultimately resulted in temporary disfranchisement of known and assumed Mormons, a compulsory test oath, an attempt to disfranchise women, and total control over the appointment of election registrars and other officials. In later years the Utah Commission was also appropriated funds for the employment of U.S. marshals and irregular bands of "spotters" who assisted the marshals in discovering "cohabs." See Grow, "A Study of the Utah Commission, 1882-1896."

47 Wayne MacVeagh (1833-1937) served as attorney general in President Garfield's administration; he also served as attorney for Pennsylvania Railroad Co. among his other involvements.

48 "The Case Against the Commissioners," Deseret News, February 4, 1885, p. 2, signed "Exile," and "Rudger Clawson's Case," Deseret News, February 18, 1885, p. 2 (unsigned).

4 "Robert Watson's identity has not been discoverable; his role in this expedition needs further illumination in that Penrose, Young, and Caine all appear to want his consultation. Moreover, Penrose himself later found it necessary to borrow fifty dollars from Watson (see entry for February 17).

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John T. Caine, Utah's delegate to Congress. USHS collections.

it in favor of Utah. It was finally arranged that J o h n T. and R. W. should go to Philadelphia, see MacVeagh who is attorney for Pensylvania Railroad and try and get political influences of that Co. in consideration of freight business over that road, simply to get our rights as far as the Co. could assist. B.Y. and I returned, went to hatters to get our hats which had been repaired, then to a Dime Museum opposite eleventh St. in Pennsylvania Ave. and saw "The New Magdalene" and a burlesque, with other entertainments all for a dime, another dime for reserved seat, a very fair and full performance. Spent evening with Watson and J o h n T. who went to Philadelphia at about 11 p.m.

Saturday Jan 31. Received letter from Lizzie. B.Y. and R.W. Sloan and I went to the Corcoran Art Gallery, saw fine paintings, sculpture, bronzes, etc., then through the State, Army and Navy Department and then to Bureau of Engraving and Printing where we saw the process of making bank and treasury notes, revenue stamps, etc., hundreds of men and women being employed and the process very interesting. Thence, after R.W.S. had called on Senator Vest with a message for J o h n T., to Ford's Opera House where we saw Pice's Suprise Party perform "a Bottle of Ink," a piece of absurdity not very interesting. Evening sent to Nicholson an article by R.W.Y. on the past history of Agramonte 5 0 showing up his villainy. T h e n with B.Y. and R.W.S. to Turkish Bath and has [had?] a fine sweat and champoo [sic], negroes done the work. Had a "coffee soda," a delicious drink and sat up conversing till after 1 a.m.

Sunday Feb 1st. Damp morning. Took breakfast at Clarendon. Fixed up Journal. Went with B. Y., J o h n T. and Sloan to Church of Immaculate Conception. Heard Dr. Ryan preach a thin sermon on "The Last Shall be '[Agramonte:] A Detailed Sketch," Deseret News, February 6, 1885, p. 2, signed "Investigator."

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First," etc., Catholic service. Many negroes in congregation. Walked around prominent streets and viewed elegant houses. Dinner at Clarendon. Evening went with J o h n T. and B.Y. to Georgetown. Saw cemetery where J. Howard Payne is buried. Also large nunnery and college. Went over bridge across Potomac on to soil of Virginia.

Monday Feb 2. Letters from home. Went with B.Y. and Sloan to Navy Yard and on board the monitor Wyandotte. T h e n to Treasury. On the way, who should step on to the car but J. McKnight, jr. and his wife.51 I turned my back so he should not see me and remained on the car until B.Y. and S. got out, then after awhile alighted. Returned to looking as we did not want to meet him. T h e n to J o h n T.'s and in the evening to the Capitol where we saw the House by gaslight. It was illuminated byjets above a glass ceiling finely ornamented, the light shining brightly and yet subdued to the floor below. T h e r e a filibustering process was in progress to prevent the passage or debate of the bankruptcy bill. Dilatory motions and divisions and calls for ayes and nays kept the members nearly all night.

Tuesday Feb 3. B.Y. went with J o h n T. and called on President [Chester] Arthur. I staid and wrote suggestions to Prest[-elect] Cleveland. After B.Y. returned I was reading my writing to him when J o h n T. came in excitedly and told me I had not a moment to lose. Ireland was calculating to get me and said he could put his hand on me when he wanted. I did not stay for baggage but started afoot on back street to Baltimore and Ohio depot; arrived just in time to take express to Baltimore. On arriving I took a car for Union depot and bought ticket for Philadelphia where I expected to meet B.Y. later. Waited at a lunch stand till the train started. Ran and got on and into a drawing room car where I ran against B.Y. He thought someone had followed him on train to Washington. So we remained in drawing room car and he got off at Philadelphia giving me his ticket for New York and my valise. I arrived at 9.30 p.m. Crossed to Cortland St. in ferry, took Broadway bus to St. George Hotel, took room for night. Very cold and no fire.

Wednesday Feb 4. Fifty-three years old today. Cold, a d a m p morning.

Went to A.C. Young's before he was up. Took breakfast with him. At the table was Stephen [Longstroth] Richards, Heber J[ohn]'s brother who recognized me. Albert went with me to Desbrosses St., where we got the baggage B.Y. had sent on from Washington and took it to Hotel St. George. I went to Greenpoint [and] saw Bro Flashman who agreed to let me stay there till I sailed. Went to Kraft's in New York and B.Y. not arriving, went to Guion's Shipping Office. Saw Mr. Gibson52 and learned J[ames] H[enry] Hart 53 had written about my passage. He [i.e., Gibson] 5 'James A. MacKnight was a "journalist" of mixed reputation associated for a time in 1876 with the short-lived anti-Mormon newspaper, the Utah Evening Mail. Penrose no doubt feared for the apparently failing mission as well as for his personal safety.

32 [P. W.?] Gibson is fondly remembered as an employee of Guion's Steamship Company in a death notice published in the DeseretNews, October 1, 1927 He was of much assistance to Saints as they crossed the Atlantic.

53 Hart (1825-1906) gave long service to the LDS church in the Bear Lake region; he had also served as immigration agent for the church in New York.

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said he would give me a berth and keep all quiet. T h e "Alaska" had not arrived but was hourly expected. [Apostle] J o h n Henry Smith was on board. B.Y. arrived at Kraft's and he went to K's home and I to Greenpoint.

Thursday Feb 5. Went over to N.Y. B.Y. and I went to Guion's to go on board the Alaska, but she had not arrived. Went to Grand Street, saw Robert Watson who treated us to dinner in german restaurant, also took us to hat stores; got me a cap and two soft hats and a stiff hat for B.Y. Went to St. George; met Miller who made apointment at Hoffman House to go see Lamont. Returned to Kraft's after going through Macy's establishment. I went to Greenpoint.

Fri Feb 6. I staid at Flashman's writing all morning. Fixed up pamphlets and suggestions in writing to Prest. Cleveland. T h e n to New York and after a shave met B.Y. and went to Hoffman House. Miller did not come so went to Victoria Hotel; sent up our cards to Prest. C. Received word that there were too many ahead of us so we sent up writings and pamphlets and returned, I to Greenpoint.

Saturday Feb 7. Went to N. Y. and met B. Y. Alaska not in. Learned from J o h n T. that [Marshal] Ireland was exceedingly mad at my escape from his clutches. Dined with B.Y. at a german restaurant. T h e n with him and Albert walked u p the Bowery and took cars to 27th Street where Miller had appointed by telegraph to meet us. After a while he appeared and took us while Albert waited outside, to Victoria Hotel and up by the elevator to the fourth floor and into a room where a clerk was writing. Miller asked if the Colonel was in. He said "No." "Go for him then," was the request. In a little while a fat, fussy man with a dark moustache, apparently dyed, came in in a hurry and was introduced as Mr. Banks. He said he could only give us a few minutes and in a nervous manner commenced to say that all was arranged; Utah would be admitted; there would be no extra session; the officers named would be appointed; the new Attorney General would be from Missouri, a friend of ours; the present proceedings would all be stopped. But there was a "consideration." It remained entirely with ourselves. We must place $20,000 in Miller's hands. He would vouch for him.

When asked what the money was for he said "for Attorney General Brewster." 14 "Should we see Mr. Brewster?" "Yes, through Mr. Miller." I asked Banks if he vouched for Miller, who would vouch for him? He said, "Nobody." Neither Mr. Cleveland nor Mr. Lamont could be seen "for millions."" He showed us a map of the "new State." It consisted of Utah and parts of Idaho, Wyoming, Colorado, New Mexico, Arizona and Nevada making a square. T h e absurdity of the thing showed fraud on its face. A few questions proved the ignorance of "Banks" who soon left as pretending he was going with Cleveland and Lamont to Greystone that ,4 Benjamin Harris Brewster (1816-88) succeeded Wayne MacVeagh as U.S. attorney general after the death of President Garfield. " Y e t more than two weeks earlier Penrose and Young had enjoyed an unscheduled interview with Colonel Lamont and two extended conversations with the president-elect (see entry for January 22).

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evening; a n d we d e p a r t e d leaving Miller looking on a n d seeing that his game was up. 5 6 T h u s e n d e d the attempt to defraud us of $20,000 which had b r o u g h t us on this trip a n d detained us five weeks. However, good resulted in o u r interview a n d correspondence with Cleveland. B.Y. went to Kraft's after a shave a n d I to Greenpoint. Before leaving we sent a telegram to Pukuniahi. 5 7 "Miller business a fraud. Particulars by letter. Alaska heard from, [signed] R.O. Stflby."58 Sunday Feb 8. Remained all day at Flashman's. Bro T. Miller a n d his wife â&#x20AC;&#x201D; recently married â&#x20AC;&#x201D; who was formerly Bro Staine's divorced wife Maggie a n d who had married and left a man n a m e d Sanders, came to dinner. In the afternoon while folks were at meeting, I copied the suggestions to the President-Elect, a n d wrote a full letter of particulars of o u r proceedings to Prest Taylor enclosed to Geo Reynolds. Evening, the Millers, Sister Flashman's sister and Bro and Sister Wilkinson spent a pleasant time with us. T h e Millers invited me to their place. . . ,59 [For the next several days Penrose is occupied with administering to a sick child and consulting with his colleagues as to his next course of action. His options include leaving immediately for England and abandoning his project, thereby avoiding arrest by Marshal Ireland; his other option is to remain and try to accomplish his mission while risking arrest. He has also learned that his wife and children have been forced to testify in Salt Lake on allegations of unlawful cohabitation. After consultation with John T. Caine, Brigham Young, Jr., John Henry Smith, and others, Penrose decided to remain a bit longer before departing for England.]

Friday Feb 13. B.Y. came [to Flashman's home] a n d spent two or three hours, b r o u g h t me some papers also letter from J o h n T. Caine with introduction to Smith M. Weed, a lawyer of p r o m i n e n c e a n d political influence in New York. We agreed to go and see him. Took d i n n e r with B.Y. at an oyster house a n d saw him on car to Brooklyn. When I r e t u r n e d Rob Sloan was waiting with letters a n d a telegram from Caine repeating dispatch to him from Reynolds stating, in cypher, that Ireland had wired for papers to arrest me, that he could get me any time a n d suggesting I go to Canada. Also note from Robt Watson stating Ireland was in New York and I had better p r e p a r e . H a d great difficulty in deciphering the telegram as the o p e r a t o r had b l u n d e r e d . R. Sloan agreed to telegraph B.Y. to see me r>6 This interview with "Banks," et al. provided proof incontrovertible to Penrose and Young of the fraud attempted u p o n them and the Mormon church. Young expressed their reactions as they left the hotel: "We experienced a strange mixture of feeling, Indignation, Sorrow, disgust a n d a feeling of relief alternately pressed o u r minds." Brigham Young, jr., Diary, February 7, 1885.

57 "Pukuniahi" is almost certainly a cipher term for George Q. C a n n o n ; letterbooks of J o h n C a n n o n , for example, make use of a word similarly spelled referring to the elder C a n n o n . It is interesting to note that Penrose reports the failure of the mission to C a n n o n r a t h e r than to President J o h n Taylor. *H"R.O. S^lby" is yet a n o t h e r code n a m e used by Penrose (emphasis a d d e d ) ; Brigham Young Jr., reveals in his diary of this mission that Penrose was known as "Mr. Rose" d u r i n g some or all of this expedition. Brigham Young, Jr., Diary, February 7, 1885.

'"Brother T . Miller is obviously not the "Miller" who led Penrose a n d Young on this expedition.

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tonight. In evening received a dispatch from him that he had not the address. I wrote to B.Y. the particulars and J.T. mailed it.

Saturday Feb 14. B.Y. came and after consultation concluded that it was our duty to go and see Mr. Weed if possible and risk meeting the Marshal.

Took cars and Tenth St. Ferry, went to Broadway, walked to Cortland St. to Coal & Iron Exchange, learned Mr. Weed was out of town. Went to Cliff St. B.Y. got letters from J o h n T. Caine with word that Ireland was to be at Washington for business Saturday and repeating cautions to me. B.Y. returned, and I took Fulton Ferry, walked to Brooklyn City buildings, then went by cross town car to Manhattan Avenue, Greenpoint, had a hot bath and then to lodgings.

Sunday Feb 15. Prisoner all day. B.Y. came and spent afternoon. I wrote article for "News." Evening walked to P.O. and mailed letters to Ernest a n d ' C e t t a .

Monday Feb 16. Terrible wet day. By appointment went by cars and 1 Oth Street ferry to Broadway and met B.Y.; waited in the rain 15 minutes.

This Harper's Weekly engraving of elevated station at Forty-second Street in Manhattan and old Grand Central Depot on left presents a scene that became familiar to Penrose.

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Went to Western Union building and tried to find Sidney Dillon and Jay Gould. Learned the former was at home sick with a cold. Took elevated railroad to 23rd and walked to 37th St., No. 5, found Sidney Dillon at home in a splendid house. Received us very kindly, heard all we had to say about Utah persecutions; regretted he had no influence with the administration, said we had better see Jay Gould and tell him, gave us a card to him. We returned, the rain coming down in sheets, but learned after going to all his offices that Mr. Gould was not down town, also by telephone that he was not at his house. Went to Robt Watson's office, say [i.e., saw] Sloan who said he was going that night to Washington [with] J o h n C. Neels[?], Spence Clawson, and T. H. Sears. Wrote to John T. Caine and returned by Fulton Ferry and car.

Tuesday Feb 17. Awfully cold windy morning, therometer 3° above.

Went to 10th St. ferry, boat had great trouble to get in for ice, crossed and went by car to Broadway, met B.Y. at W[estern] U[nion] building; hunted for Jay Gould, learned he was at his house. Took bus to (I think) 759 Fifth Avenue., corner 47th St., magnificent house. Gould had gone down town.

Returned nearly frozen. After great trouble found Gould, talked briefly with him; he could do nothing to assist us, he was going south for several weeks. Went to Guion's office, saw Gibson. Said two men, Welch and Ritchie, were here to go on Wyoming, were at Temperance Hotel, Beach St. We went to Earle's Restaurant & took dinner. T h e n to Watson's office, saw Neels also Spencer Clawson, Sears & then Watson; the latter promised to lend me $50, B.Y. to see it returned from T[rustee] in T[rust]. Wrote letter to "News." Received letter from Caine relating Ireland's defeat in Averill case.60 Walked to 10th St. ferry, crossed and went to F[lashman]'s; received telegram from Sloan that it was understood Ireland had gone home Sunday night. Went with Bro Flashman to Mr. Walsh's to administer to sick child; folks were out. Called at Wilkinson's and had conversation on way home.

Wednesday Feb 18. Snowy, blustery morning, heavy fall. Afternoon clear. Went to near ferry to get some bananas for Flashman's sick child. On return got letter from Caine. Evening sent article to "News" and letter to Ernest and Lucetta. Went with Bro J. Wilkinson to Mr. Walsh's and administered to his sick boy.

Thursday Feb 19. Clear day, very cold. Wrote two short articles to "News." B.Y. and his son Albert came and read me letters from Caine and Wilcken. Geo. Q. on his way to Washington. Went with them and took lunch at oyster house. They went to Governor's Island after making 60 O. J. Averill had served as clerk of the Third District Court in Utah. At the time Penrose was writing, Averill had, for some reason not fully understood, not deposited certain funds entrusted to him with the territorial treasurer. A warrant was issued for his arrest, and Marshal Ireland did arrest him in Washington, D.C. Some of Averill's friends, believing that the money had been deposited, secured a writ of habeas corpus, obtained a hearing before a Washington judge, and had the charges dropped. Deseret News, February 24, 1885, p. 2, signed "Exile."

One may note that this had not been a profitable visit to Washington by Marshal Ireland. He had missed Penrose (and perhaps Young) three times and then had a case thrown out of court.

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appointment to meet next day at Watson's office, N.Y. I went to Williamsburgh and mailed letter to my Mother with $10.

Friday Feb 20. Very bad cold. Quite a sharp morning. After breakfast went to Grand St. ferry, crossed to N.Y. and thence by car to Watson's office. Met B.Y. and Albert. Watson and Spencer Clawson there. Learned that Deusenberg was in N.Y. B.Y. got $50 for me from Watson. Went to N. Y. Central depot by elevated and took train with B.Y. for Albany at 11 a.m.

Hudson River frozen over all the way. Ice hands at work. Hugh ice houses at many points. Reached Albany at 4.05. Went at once to State Treasury and saw Mr. Apgar. Presented letters from Chauncey Black. Well received.

He listened to our relation of Utah affairs, gave us a letter to Col. Lamont and enclosed it with a note from me and the introduction and sent it by messenger. We went and put u p at Kenmore House, a fine hotel and waited a reply from Lamont. Received note at 9 p.m. saying he was too ill to see any one and suggesting we wait till after inaugeration [sic] to see Cleveland. Had comfortable quarters for the night and excellent food.

Saturday Feb 21. After a fine breakfast went to the "Argus" office and waited more than an hour to see Mr. Daniel Manning, the expected Secretary of the Treasury. Went to the N[ew] Commercial Bank and learned he was in a Directors Meeting. Thence to Treasury building to see Apgar. He was not there. Waited an hour but he did not come. Returned to the Bank and waited a long time, but finally got a private interview with Mr. Manning. He spoke of the prejudice of the country against polygamy and church & state. We explained the situation and the necessity if anything was said on the "Mormon" question in the inaugural of the deprecation of anything in the shape of persecution under the guise of prosecution.

Showed there was no union of Church and State in Utah. Mr. M. promised to see Cleveland and place this matter before him as we wished. I went to the Treasury again, Mr. Apgar not there so went to his lodgings and he accompanied me to his office. When he telephoned Lamont for me to learn whether Cleveland had received the written suggestions and pamphlets sent, answer came that Lamont was very sick; the documents had been received, and Mr. C. would be comeatable [i.e., approachable] after the inauguration. After some further talk and explanations with Mr. Apgar I returned and met B.Y. at Kenmore House. Packed up, took an excellent dinner and hurried to depot. N.Y. Central had just gone, so went to West Shore line and took 2.45 train for New York. On the train met Cpt J o h n Codman. He told us he had been writing a pamplet on the "Mormon" problem opposing polygamy but advocating moral suasion instead of force. Urged him to hurry it and send copies to Cleveland, Lamont, and Manning. Arranged to meet him and see proofs at Hotel St. Denis Monday 10.30 a.m. Arrived, crossed Hudson in ferry to 42nd St. Took Grant St. car. B.Y. and Codman got off at 14 St. I went on, crossing at Grand Street ferry and walked to Greenpoint, where Sister Flashman gave me some supper and a bed.

Sunday Feb 22. Washington's birthday; monument dedicated yesterday. Fine day. My cold in throat â&#x20AC;&#x201D; bad for several days â&#x20AC;&#x201D; somewhat better.

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Wrote letters for home partly and an article for the "News." Had conversation in the evening with several Saints at Bro Flashman's and had a profitable time.

Monday Feb 23. Went to New York via Grand St. Ferry. Met B.Y. and also Bro W.W. Burton at Watson's office. T h e latter with his wife were going by the "Wyoming" on a visit to England. I went with B.Y. to St. Denis Hotel but did not see Capt Codman. Left B.Y. to visit him and with Bro Burton went to Guion office, got my free ticket in cabin from Mr. Gibson â&#x20AC;&#x201D; Berth No. 2 and Burton got the room next to mine. Returned to St. Denis, took dinner at Broadway Hotel. . . . Went to Albert Young's, did not find him at home. Went to Grand Central, met Deusenberg 8c Pike61 from Utah.

Letters came from home left by A.C. Young, one from "Cetta, from Nicholson, and from T.E. Taylor. T h e latter stated that each of my families would have $7 a week each in cash while I was away. Felt much depressed over the small amount, and the cutting down of my salary under the circumstances. B.Y., too, felt that it was small business. Took supper with Bro 8c Sister Burton. Went to Greenpoint. Found a telegram there from John T. Caine that Geo Q thought I had better wait until next vessel if I could do so without personal inconvenience. I telegraphed back that I could wait if wanted but I had secured passage 8c Burton was going, "answer quick." Wrote home bidding the dear ones good bye. About 1 a.m. received a telegram to proceed, saying Sloan would remain for [the] present.

Tuesday Feb 24. Packed up, bid Flashman's good bye. They refused to accept any pay for my board. Went to New York. At Watson's found brethren, including Burton, anxious as telegram had come there also for me to remain, but my later telegram settled it. . . . walked to Guion's wharf without baggage and went on board the "Wyoming" where I went into my cramped little room and kept quiet. B.Y. and Albert came later with my baggage. Albert took my letters for home to post. . . . At noon we started out to sea. . . .

T h u s e n d e d t h e q u e s t t h a t originally b r o u g h t P e n r o s e to W a s h i n g t o n . B u t his efforts in t h e s t a t e h o o d cause c o n t i n u e d ; in t h e sixteen days r e m a i n i n g to him before he would actually sail for E n g l a n d to fill t h e mission u p o n which h e h a d b e e n called on J a n u a r y 26, P e n r o s e a n d Y o u n g w e r e at least as active in their own efforts as they h a d b e e n in p u r s u i n g "Miller's" s c h e m e . A n d this was in spite of r e p e a t e d w a r n i n g s P e n r o s e received from Caine a n d R o b e r t Watson that I r e l a n d was closing in on h i m .

After writing a s u m m a r y of t h e a t t e m p t to extract t h e $ 2 0 , 0 0 0 in c h u r c h f u n d s to C a n n o n (sent via G e o r g e Reynolds), P e n r o s e d e 61 This pair is probably J u d g e W. H. Deusenberg and Dr. H. R. Pike who had been for some weeks touring insane asylums in the Midwest and East with a view toward improving the Utah asylum at Provo. Their travels were reported frequently in the Deseret News; see, for example, the February 9 issue, p. 1.

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cided to attempt an interview with Smith M. Weed, a New York attorney associated with the Union Pacific; he learned almost at the same moment that Ireland had the legal papers necessary to arrest him and that his wife and children had been forced to testify against him back in Salt Lake City. Moreover, some of his friends urged him to flee to Canada. Such were the pressures he felt during the two weeks or so left to him.

A few days after writing his report to Cannon, Penrose managed interviews with both Sidney Dillon and Jay Gould in New York; neither man was inclined to pursue the Utah statehood matter with Cleveland at that time. On February 20 Penrose and Young failed in an attempt to see Colonel Lamont again, but they did manage on the following day to obtain an interview with Daniel Manning, a Cleveland protege who was presumed to be the treasury secretary in the Cleveland administration. Penrose noted that Manning assured the two Mormons that the statehood matter would be placed again before Cleveland "as we wished."

On February 23, the day before he was to sail for England, Penrose learned that his salary had been severely cut and that his families' allowance had been reduced to $7 per week during his absence. He also learned from Caine that Cannon wanted him to wait and leave on the next vessel if he could do so "without inconvenience"; this request was rescinded by an early morning telegram on the 24th. Penrose thereupon sailed for England with forty borrowed dollars in his pocket, an arrest warrant hovering over him, and his families in Utah in severely reduced circumstances.

Penrose's assigned mission in Washington was a failure, but it was not without benefit. He and Young had not succumbed to "Miller's" scheme to extract a large sum of money from the Mormon church in return for a promise of statehood. One may be certain, however, that if believable assurances had been obtainable there is little doubt that the money would have been handed over.

Penrose and his associates did spend their time in Washington a n d New York to a p p a r e n t a d v a n t a g e . T h e m e e t i n g s with President-elect Cleveland, Colonel Lamont, Sidney Dillon, Jay Gould, and quite probably others certainly did no harm to the statehood cause and may have helped soften Cleveland's opposition ultimately.

George Q. Cannon arrived the day Penrose sailed for England.

In his diary entry for that day (February 24) Brigham Young, Jr.,

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notes that he and Cannon had some conversation on the "Miller" scheme and agreed that all that could be was accomplished. 62 Utah statehood in 1885 was an issue larger than the placement of $20,000 could resolve; Trumbo 6 3 almost certainly spent more than that in what might have been an easier time, and he could not achieve statehood instantly.

On a more practical level, were the personal and institutional risks worth the hoped-for prize? At the personal level Penrose risked arrest daily and almost certain imprisonment for his polygamous marriages. Nor was Young safe from such charges. What would have been the damage to the Mormon church â&#x20AC;&#x201D; and especially to the statehood cause â&#x20AC;&#x201D; if "Miller's" scheme had been uncovered, for example, by a reporter such as James A. MacKnight? 64 What could have been the damage if "Miller" or one of his confederates had merely alleged to the eastern press the purpose for which Mr. "Rose" and Mr. Young were in Washington? Could the Mormon church have withstood the revelation that two of its leading members were involved in an attempt to bribe Utah's way to statehood?

Such questions cannot be answered satisfactorily; the answers depend too much on hindsight, on devotion to church, and on incomplete records. What remains unalterable is that the Mormon church tried unsuccessfully to buy statehood for Utah Territory; and there are indications that this was not the only such attempt.

Utah's struggle for statehood is still not completely recorded and understood; perhaps it never will be. But Charles W. Penrose and his brothers in the faith made an important, if little known, effort in that struggle.

62

Brigham Young, Jr., Diary, February 24, 1885.

See Lyman, "Isaac T r u m b o and the Politics of Utah Statehood." T r u m b o apparently spent enormous sums and thousands of hours of personal lobbying effort trying to achieve statehood for Utah and (perhaps) a senatorship for himself. His labors far exceeded Penrose's in energy, duration, and expenditures.

T h e church's estimate of statehood costs increased dramatically in the years following this mission. Apostle John Henry Smith noted in his journal that "Wilford Woodruff, George Q. Cannon, and Joseph F. Smith were sustained as a Committee to get statehood if possible. And one hundred thousand dollars appropriated to set the ball in motion.' See J o h n Henry Smith Journal, August 13, 1887, Special Collections, Marriott Library, University of Utah.

After an interview with Col. T r u m b o , Wilford Woodruff wrote in his journal that "He gave me an account of the Great Labor He and Gen Clarkson had in getting the Utah Bill T h r o u g h Congress & to get it signed by the President. It cost. . . three hundred and thirty thousand dollars to get that bill passed." See Wilford Woodruff Journal, August 8, 1984. fi4 See note 51, supra; see alsoj. Cecil Alter, Early Utah Journalism (Salt Lake City, 1938), pp. 310 and 320-22. fi3

Book Reviews Orrin Porter Rockwell: Man of God, Son of Thunder. By HAROLD SCHINDLER. (2d ed.; Salt Lake City: University of Utah Press, 1983. Xvi + 417 pp. $25.00.)

We may, I think, repeat comments from reviews of the first edition to the effect that Mr. Schindler is a meticulous scholar and has presented us with a credible study of O r r i n P o r t e r Rockwell. In the preface to his second edition we have further evidence of his t h o r o u g h n e s s wherein he has "clarified" some statements, "temp e r e d " some d o c u m e n t a t i o n , provided some "additional detail," and further identified the "proclaimed purveyor" of Rockwell's confession (Achilles). T h e n , too, he has added some "additional" notes to satisfy his appetite for detail about the life of a man he obviously admires. His documention is voluminous, his footnotes so replete that even careful students of Mormon history may be discouraged in any attempt to evaluate them.

We can very well understand Schindler's preoccupation with Rockwell, but we might very well wish that he had directed his research to another subject, satisfied that the first edition was sufficient to portray the life of Rockwell to the satisfaction of his readers, if not to himself.

In the preface to both editions he says to members "of my church" that if he has opened "forbidden doors" we s h o u l d recall t h e words of B . H .

Roberts: We need not follow our researches in any spirit of fear and trembling.

We desire only to ascertain the truth; nothing but the truth will endure; and the ascertainment of the truth and the proclamation of the truth in any given case, or upon any subject, will do no harm to the work of the Lord which is itself truth. . . .

But something needs to be said about history and truth in history. We need to acknowledge that history does not proclaim the ultimate truth regarding man's history on earth, nor can we chronicle the life of a single man like Porter Rockwell with the exactitude we would like. What historians attempt amounts to the preparation of a narrative of events concerning some object, event, or person in which the investigator devotes his efforts toward unfolding the warp of history and establishing the interrelationship of the persons or events treated. Some historians also feel obligated to offer a philosophical summarization of the causes that propel individuals to do the things reported. They sometimes feel obligated to arrive at some conclusions or presumptions. Schindler, for all of his knowledge of the life of Rockwell, does not direct us to any conclusions. He does not declare that Joseph Smith organized the Danites lor the purposes alleged by his detractors and that Rockwell was one of them and as such was guilty of all of the crimes attributed to him. Even

Book Reviews and Notices though the author does not do it, we presume that some of his readers will and that they will be persuaded that Rockwell was an assassin and that two false prophets directed him to commit the crimes reported. Rather, Schindler leaves us at Rockwell's gravesite contemplating his epitaph: "he was brave and loyal to his faith, true to the prophet Joseph Smith. . . ."

Schindler would allay the concerns of members of his church, but the linkage of Rockwell's life with Joseph Smith and Brigham Young requires serious consideration. If Joseph Smith and Brigham Young were prophets, we might excuse Porter for the role he played in d e f e n d i n g them against their enemies and discredit the stories of his misdeeds. If, on the contrary, they were false prophets, then they and Rockwell are guilty of some, but our reason tells us not all, of the crimes they were charged with from the beginning, the most heinous of which would be the subjection of their believers to the hardships imposed upon them because of their belief.

Schindler has opened "forbidden doors" to some of his readers who will find it necessary to declare it to be truth or untruth. T h e work is so persuasive that some will be tempted to reform some of their notions about

383 the history of Mormonism and the m i n i s t e r i e s of J o s e p h S m i t h a n d Brigham Young. Insofar as Porter Rockwell is c o n c e r n e d , t h e b o o k might very well justify the conclusion that he blindly followed his prophets because of his faith and dedication and for that reason can be exonerated for his alleged crimes, but this we do not find to be a satisfactory conclusion. What has been accomplished is a study of the history of that period written in the best historical tradition.

T h e author placed his subjects in the current of h u m a n affairs at defined times and places. He has provided a coherence of content according to his standards as a historian, presenting and maintaining conformity with the information known to him, and he has also clearly established the significance of the subject he has pursued for so long.

We will never arrive at the ultimate truth of history regardless of the time, the event, or the persons involved.

History is an art, not an exact science, but like science it will continue to correct itself as new information is made available to investigators.

MILTON C. ABRAMS

Utah State University

Covered Wagon Women: Diaries and Letters from the Western Trails, 1840-1890. Vol. I: 1840-1849. Edited and compiled by KENNETH L. HOLMES. (Glendale, Calif.: Arthur H. Clark Company, 1983. 272 pp. $25.00.)

With the publication of this first volume in a projected series of ten volumes, it is clear that Kenneth L. Holmes a n d the A r t h u r H. Clark Company are rendering readers of western history an important service.

Collected in this volume are the writings of fourteen women who made the overland journey between 1845 and 1849. T h e selections, nearly all previously hard to find, have been chosen

for variety and interest. They include letters, both reminiscent and contemporaneous; diaries, at times flat and repetitive, at others d r a m a t i c a n d d e e p l y s t i r r i n g ; a n d even t h r e e poems, written by the strong-willed m o t h e r of soon-to-be poet Edwin Markham. In addition, the selections were written by women of varying ages from thirteen to sixty-six, who traveled by different r o u t e s , both

384 north and south, to different locations â&#x20AC;&#x201D; Oregon, California, and Utah.

Despite this range of viewpoints, the writers touch on a n u m b e r of similar themes. They discuss the landscape, the Indians, the need for water and grass, and the dangers of fording rivers, climbing mountains, and crossing deserts. Religion is important to several of the women, such as mainstream Protestant Tabitha Brown and Mormon Patty Sessions, while others, such as A n n a Maria K i n g , seem mainly intent on f u r t h e r i n g their family's economic fortunes.

Two of the accounts are especially r e v e a l i n g . T h e c o m m e n t a r i e s of Keturah Belknap Shaw show how a whole community was caught up in the Oregon fever and detail the careful preparations she and her husband made for the journey. Even more interesting is the diary of Elizabeth Dixon Smith. Smith began matter-offactly with daily entries listing the distance her party covered, the landmarks they sighted, and the weather.

For t h r e e m o n t h s , from I n d i a n a through Nebraska, the trip was relatively u n e v e n t f u l , t h e n t h e p a r t y started to e n c o u n t e r sickness, foul weather, a n d t r e a c h e r o u s t e r r a i n .

After four more months of travel, she, h e r h u s b a n d , a n d seven c h i l d r e n reached Portland, but her husband was gravely ill and would die before the spring. Fortunately this section e n d s on a lighter n o t e . F o u r t e e n months later Smith m a r r i e d a widower, several years h e r senior "though young enough for me." "I did not marry rich," she confided to

Utah Historical Quarterly two of her friends in a letter, "but my husband is very industrious and is as kind to me as I can ask" (page 150).

Obviously the selections in this volume touch a broad range of emotions.

Still, for all the strengths of the collection, its editing is flawed. T h e r e are some errors of detail. In the Sallie Hester diaries, for example, the dating causes confusion. May 1, 13, 21, and J u n e 1 could not all have been Sundays. T h e r e are also occasional contradictions. On page 191 we learn that Jesse Walker Belknap died in 1871 at the age of 27 while on page 229 we are told that he "lived to a ripe old age." More seriously, the volume needs a better introduction. Instead of relying on the n o w - h a c k n e y e d theme that the time has come to include w o m e n in the study of the American West, editor Kenneth L. Holmes ought to have outlined for his readers some of the controversies that exist on the subject. Although the documents in this collection would seem to lend more credence to the woman-as-individual view of Sandra Myres than to the woman-as-oppressed view of J o h n Mack F a r a g h e r , Holmes fails to introduce his readers to these alternative interpretations.

T h e d o c u m e n t s still m a k e g o o d reading, but the inclusion of a more scholarly discussion of the meaning of the overland experience for women would have greatly enhanced their value.

CAROL A. O'CONNOR

Utah State University

Sarah Winnemucca of the Northern Paiutes. By GAE WHITNEY CANFIELD. (Norman: University of Oklahoma Press, 1983. Xiv 4- 305 pp. $19.95.)

In a time when tribal leadership on numerous reservations is being challenged politically from external forces as well as internal, it is useful to pause

and reexamine the life of Sarah Winnemucca Hopkins and her advocacy role for her people in the nineteenth century. Sarah's situation in dealing

Book Reviews and Notices with and for her N o r t h e r n Paiutes and with the federal and local governments reminds Native American peoples to be cautious in dealing with governments, obtain education, attempt to be self-reliant, be courageous, and be responsible.

Sarah Winnemucca Hopkins stands out in history because she is one of the first Native American women to actually record her life. It is possible to obtain a copy of Life Among the Paiutes: Their Wrongs and Claims written in 1883 while Sarah and her husband were touring the East raising money for her Paiute people. T h e appeal is pathos with bitter overtones as the author points out the n u m e r o u s problems suffered by her tribesmen.

Another account entitled, Sarah Winnemucca: Most Extraordinary Woman of the Paiute Nation by Katherine Gehm, 1975, bears the official endorsement of the Nevada American Revolution Bicentennial Commission. T h e latter account is a reworking of the basic material a u t h o r e d by Winnemucca but with literary liberty bordering on soap-opera aggrandizement in many respects. Neither account provides a balanced historical perspective n e e d e d to u n d e r s t a n d Sarah Winnemucca, her role, people, and motivation.

Canfield strives to right the balance in Sarah Winnemucca of the Northern Paiutes which also draws on Winnemucca's Life Among the Paiutes, ignores completely Gehm's rendition, and brings a better understanding of the various persons within the nineteenth-century time element. Instead of a mawkish, sugar-coated retelling of an u n u s u a l i n d i v i d u a l , Canfield reveals in a straight-forward account, a flesh and blood woman who indeed overcame her h u m b l e surroundings to make a national name for herself and her people. T h e account is a readable, intriguing presentation with useful footnotes, bib-

385 liography, photographs, and maps.

Canfield follows a chronological format that weaves together materials that have not been included in previous accounts.

T h e early reservation days were a dark blot on Indian-white relations, and for most white Americans the situation was not examined very carefully, if at all. Bureaucratic corruption examined and related from an Indian point of view with Sarah Winnemucca as the mouthpiece proved to be an unsettling situation for the nation.

Sarah learned early what the value of titles and showmanship can do to the public. As she took her appeals of injustice a r o u n d the country, nonIndians began to notice and sympathy was high. Audiences were willing to pay m o n e y a n d c o n t r i b u t e to h e r cause because she was a "princess" and wore native costumes. Additionally, her command of English was good enough to move many to tears and outrage as she related her peoples' plight of being cheated and starved by the government. T h e story is basically a simple one that had counterparts on numerous reservations. T h e obvious difference was the person at the head of the crusade along with the promotion by influential white persons.

Canfield e x a m i n e s S a r a h ' s role within her tribe, how she promoted her family as the major power to nonIndians. Sarah basked in the attention a n d worked h a r d to maintain the image. Was she a conniving, grasping, selfish, clever individual? T o a certain degree Sarah was exactly that and with reason. She was certainly not the stereotypically reticent unlettered Indian maiden of the day. Here was a woman who wanted justice for her people and had quickly learned how to get the public involved. She also understood that if her people were to h a v e d i g n i t y a n d fair t r e a t m e n t , someone had to do the j o b and why not herself? Many of her own people

386 questioned Sarah's methods and favored treatment, yet all seemed to realize that perhaps the ends did justify the means. In spite of her endeavors, Sarah discovered that most government officials were not fair, efficient, or honest in Indian matters.

She found herself caught up in the crosscurrents between her close family members, her people, the government, and the three husbands in her life. Perhaps her passing comment, 1887, captures the bizarre situation of the day: . . . if she possessed the wealth of several rich ladies whom she mentioned, she would place all the Indians of Nevada on ships in our harbor [San Francisco], take them to

Utah Historical Quarterly New York and land them, there as immigrants, that they might be received with open arms, blessed with the blessings of universal suffrage, and thus be placed beyond the necessity of reservation help and out of the reach of Indian agents.

Sarah's example comes down through time as a commentary on Indian-white relations. Canfield has provided a useful, thoughtful study that merit r e a d i n g because of its unique subject and the complexities involved.

JANICE W H I T E CLEMMER

Brigham Young University

A History of the Shoshone-Paiutes of the Duck Valley Indian Reservation. By WHITNEY MCKINNEY with contributions by E. RICHARD HART and THOMAS ZEIDLER. (n.p.: T h e Institute of the American West and Howe Brothers, 1983. 135 pp. $ 15.95.)

Although tribal histories written by Native Americans have been encouraged for a number of years, they have been difficult to produce. A lack of funding, the need for more background in historical research, and the absence of local oral history projects have all hampered the completion of such works. In o r d e r to overcome these problems, Indian communities have sought the assistance of various institutions to support local history projects. An excellent example of how this kind of cooperation can culminate in the production of a tribal history can be f o u n d in A History of the Shoshone-Paiutes of the Duck Valley Indian Reservation by Whitney McKinney, a local Indian who served as historian on the reservation.

T h e two institutions that aided in the research and production of this book were the Institute of the American West in Sun Valley, Idaho, and the American West Center at the University of Utah. T h e directors of both

organizations should be commended for their work on this and other projects involving Indian communities.

They assisted Mr. McKinney in his research, helped to write portions of the final two chapters, and aided the tribe in putting together a proposal for the project which was financed by the Fund for the Improvement of PostSecondary Education (FIPSE).

T h e book produced from this coordinated effort is but one aspect of the entire project. In addition, the Duck Valley reservation now has a tribal archives, a photographic collection and exhibition (which has already toured Idaho), and a brief summary of the reservation printed in tabloid form. Photos were collected from local Indians who were interviewed about the picture subjects, and their inclusion in the book adds to its overall effectiveness. McKinney also rounded out the archives by conducting interviews with local residents. This was especially helpful in writing the reser-

Book Reviews and Notices vation's history in the twentieth century, since most of the agency reports in this period center on Anglo activities.

One of the most interesting aspects of this book is the inclusion of a variety of terms in the Shoshone language that help to add an Indian flavor. T h e author also supplies numerous quotations from agency personnel and other observers and complete versions of the treaties drawn up for the various bands in the region. Fie details their early contacts, the ill effects of immigrant traffic through their territory, their loss of land to mining and ranching interests, the long struggle for the establishment of the reservation, the failure to deliver promised annuities, and the difficulty of the Shoshones in confining themselves to the new, settled way of life.

In spite of the positive aspects of this w o r k , it is n o t w i t h o u t its shortcomings. While the title suggests a history of two Indian groups, information on the Paiutes is woefully lacking. T h e a u t h o r mentions the failure of Congress to ratify the treaty of 1855 but offers no suggestion as to why. A l t h o u g h McKinney utilized many direct quotes, there are no footnotes. Usually this presents no major problem since the r e a d e r is m a d e aware of the person being quoted.

However, this reviewer is c u r i o u s about the title of the paper quoted on the role of local politics (p. 39) and the names of the authors mentioned in conjunction with the evaluation of the

387 Shoshone leader, Captain Sam (p.41).

This situation could have been aided by a bibliography, but this is not included and neither is an index. In addition, McKinney mentions the first non-Indian to file for water rights for a reservation tributary (pp. 99-100), but he fails to give a date for this rather significant event. Finally, each c h a p t e r is divided chronologically with the a u t h o r p r o v i d i n g a brief sketch of the development of various aspects of the reservation community.

This makes for a choppy story and could have been remedied through a topical approach.

T h e story of the development of the Duck Valley reservation is enhanced by some facinating characters who affected the Shoshones and Paiutes of this region. Especially interesting is the role of Dr. Carlos Montezuma, the famous Yavapai Indian, and the introduction of the Ghost Dance on the nearby Walker River Reservation by the renown Paiute, Wovoka. More important for the future reservation development is the detailed discussion of the water rights problems that still haunt the Indian residents to this day.

I n d e e d , McKinney's work is m o r e thanjust a recounting of past events; it is a call for justice that these industrious people have failed to receive since the advent of outsiders into their traditional lands.

JAMES A. VLASICH

Southern Utah State College

Crucible for Conservation: The Creation of Grand Teton National Park. By ROBERT W. RIGHTER. (Boulder: Colorado Associated University Press, 1982. X 4- 192 pp.

Cloth, $12.50; paper, $5.95).

In 1975, on the occasion of the twenty-fifth anniversary of the creation of the G r a n d T e t o n National Park, the Jackson Hole News noted that while the three and a half million park visitors each year may appreciate the

beauty of the place, "they don't know this land was once a battleground" (p.

152).

T h e "battle" fought on and about that land is the subject of Robert W. Righter's book, Crucible for Conserva-

388 tion. Beginning with the original idea of a park at Jackson Hole near the turn of the century, Righter traces that idea's development to the establishment of the park in its present form and depicts it as a "classic case in the difficulties of park making" (p. viii).

O n t h e way to a c h i e v i n g w h a t Righter calls "one of the most notable conservation victories of the twentieth century" (p. viii), advocates of the park overcame ambitious irrigation schemes and other development projects, resistant Wyoming politicians, an alliance of Forest Service officials and local leaders, as well as rifts among various conservation factions.

Righter focuses on the efforts of Horace Albright, a central figure in the A m e r i c a n conservation movement of the first half of the twentieth century. Albright, who came to the Department of the Interior in 1915 as an assistant to the head of the national parks, later served as superintendent of Yellowstone National Park and as director of the National Park Service.

He took as a lifetime project that of making the Tetons and Jackson Hole a unit in the National Park Service, and that ultimate achievement owed much to his efforts.

But it also owed much to the charitable instincts of J o h n D. Rockefeller, Jr., whom Albright met in 1924 when Rockefeller a n d his family visited Yellowstone. T h a t was the beginning

Utah Historical Quarterly of a life-long interest in the region, one that led Rockefeller to play a major role in the establishment of the park. By 1927 he had committed himself to the purchase of land in the Jackson Hole Valley to be part of a park. T h r o u g h the Snake River Land Company and then the Jackson Hole Preserve, Rockefeller acquired 33,562 acres of land, which was deeded to the United States Government in 1949, a n d G r a n d T e t o n National Park, which incorporated that land, was approved by Congress the following year.

T h e a c h i e v e m e n t of the G r a n d Teton National Park "may have been the most difficult in conservation history" (p. 141), and it appears likely that it would not have been possible but for the vision and determination of individuals like Albright and Rockefeller.

Righter depicts those who struggled to achieve a park for Jackson Hole and the Tetons as fighting in a noble cause, and it is clear throughout that he is sympathetic to that cause. This bias does not interfere with his judgment, however, as he presents a detailed but highly engaging narrative in which the positions and arguments of those engaged in the struggles are clearly and fairly presented.

ROBERT C. SIMS

Boise State University

Report of Explorations across the Great Basin. . . in 1859. By J. H. (JAMES HERVEY) SIMPSON. (Reprinted.; Reno: University of Nevada Press, 1983. 518 pp. Paper, $13.25.)

Opening this book puts me in mind of being in the presence of great people and great things; first the author and the nineteenth-century American culture he represents, then the region explored and described, and finally the report (the book) as a

work of cultural accountability â&#x20AC;&#x201D; art, really.

James Hervey Simpson was born in New Jersey in 1813. He entered the U.S. Military Academy at age fifteen.

His education was broad and conservative. He fought in the Seminole

Book Reviews and Notices Wars in Florida before transferring to the newly formed Topographical Engineers Corps in 1838. He was surveyor of Fort Smith, Arkansas, and several other engineering projects in the East and South before being detailed to Utah Territory in 1858. Just before moving to Utah, Simpson was in Minnesota where he found a land and people he liked. His assignment there in 1851 was to survey the most important wagon routes in Minnesota Territory. According to Turrentine Jackson in Wagon Roads West, at least one local political group led by Henry M. Rice, delegate to Congress after 1853, took exception to Simpson's choices because the route bypassed Rice's land. Nevertheless, Simpson liked the country and after retirement moved to St. Paul and died there in 1883 at the age of seventy. He was a man of great ability and integrity, a man whose work remains to some extent unheralded.

T h e West called forth greatness in many people, suggesting greatness in the land itself: great distances, great wealth, and great problems of all kinds. Roads were a focal point in the West because the cost was so high per capita served. T h e necessity for assistance from federal sources generated debate over the constitutionality of spending money on programs construed by some members of Congress to be the states' responsibility. Partly, the argument was to maintain power in the hands of local politicos and partly to maintain established programs rather than create new projects to compete for funds. A good road to California was hard to imagine let alone discover before 1869. Travelers were limited to land over which draught animals could pull loads and still find forage a n d water. Most wagon trains took the California trail along the Humboldt River despite the long distance. Also, some emigrant trains took the southern route over

389 t h e Old S p a n i s h T r a i l t h r o u g h Mountain Meadow and Las Vegas Spring. But the destination for most parties heading for California was Benicia and Sacramento. T h e U.S. A r m y n e e d e d access so they petitioned the War Department for permission to explore what routes were possible. James Simpson "sells" the road he explored in 1859 as 203 miles shorter than the Humboldt road and 283 miles shorter if traveling from C a m p Floyd, the b e g i n n i n g point for his expedition. He was awed by the great distances and discussed at length the salient features of the Great Basin which "is not a basin at all," he said, but a vast mountainous desert lacking an outlet for its few streams.

Simpson's report is great as literature. Simpson was brilliant and well trained at his job. He was also acutely aware of his visibility to a potentially large audience as he wrote of the unknown West. Yet, he observed a surp r i s i n g a m o u n t of activity: r o a d building in Ruby Valley, a telegraph under constructing near the Carson River, and the building of Genoa in Carson Valley. It is the picture of people closing the frontier and inviting more business. Part of the business was war, which held up publication of Simpson's report for eleven years, robbing him of a more prominent place in our book of exploring heroes.

T h e reports of scientists in Simpson's company are still interesting to read, a l t h o u g h , I am told, some of the binomial nomenclature has changed.

Simpson includes over 400 pages of reports such as astronomical observations, weather, and geology by Henry Engelmann, a paleontological report

by F.B. Meek, a population report on Indians in the Great Basin by Dr. Garland Hurt, and a "summary of the narrative by Fray Francisco Silvestre Velez de Escalante of his journey from Santa Fe to Lake Utah and back" in

1776-77.

390 All this and more has been available to readers since 1876, when the report was published as a account to Congress from the Engineer Department, U.S. Army. For years the scarcity of the publicaton has limited access to those who dared ask for it in special

Utah Historical Quarterly collections or research libraries. Now this landmark report is made available t h r o u g h the University of Nevada Press.

JAY M. HAYMOND

Utah State Historical Society

The Redoubtable John Pack: Pioneer, Proselyter, Patriarch. By DAVIS BITTON. (n.p.: T h e J o h n Pack Family Association, 1982. Xii + 232 pp. $30.00.)

In many respects the history of J o h n Pack is like that of hundreds of other early Mormon converts. He was born in 1809, four years after the p r o p h e t J o s e p h S m i t h , a n d was twenty-one years old when the church was organized. After his conversion to Mormonism in 1836 he was so completely wedded to the church that he seems to have been a part of nearly everything that happened. He moved from New York, where he was converted, to Kirtland, Ohio, in the confused last year of the occupation and fled from there to Missouri during the worst period of the mobbings there.

Following Boggs's "Exterminating Order" J o h n Pack went with the main body of the Saints back across the Mississippi and helped built up Nauvoo, Illinois. He was in the exodus of 1846 and e n d u r e d the hardships of the flight across Iowa to the Missouri.

In 1847 Pack was chosen as one of the exploratory band who went to search for a place of permanent settlement for the Saints, entering the Salt Lake Valley July 22. (He is memorialized in the panel of horsemen depicted on the " T h i s is the Place" Monument.) He returned to Winter Quarters in the fall of 1847 where he spent the winter. In the spring and s u m m e r of 1848 he b r o u g h t his families across the plains and built a home for them in the Seventeenth Ward in Salt Lake City.

Davis Bitton, author of this study, is a finely honed historian and for a

number of years was assistant church historian. T h e officers of the Pack Family Association probably had this in mind when he was employed to write the biography. T h e subject left little in the way ofjournals and diaries, and the author has had to fill in much of his life from other sources. For instance, Bitton has b o r r o w e d from William Clayton's journal to tell what was h a p p e n i n g to Pack d u r i n g the trek of 1847. But Pack did write numerous letters, and some of them have been preserved and quoted.

As the author states, Pack was never governor or church president â&#x20AC;&#x201D; not even a general authority â&#x20AC;&#x201D; but he held e n o u g h high offices to have satisfied most men. He was an officer in the Nauvoo Legion, belonged to the Council of Fifty, a n d j o i n e d t h e Masonic Lodge in Nauvoo which was a Who's Who of the church. He was one of t h e p r e s i d e n t s of t h e E i g h t h Q u o r u m of Seventies and knew personally all the leading men of the church.

J o h n Pack seemed to have been in the " i n n e r circle" a n d l e a r n e d of polygamy from Hyrum Smith long before it was publicly acknowledged, and he married a total of eight wives and begat forty-three children. He filled a half-dozen proselytizing missions for the church, the longest and probably the most important being to France and the Channel Islands.

Pack was a colorful man and possessed a number of elements of great-

Book Reviews and Notices ness. Fie could be charming, and he was a natural-born leader. But he was jealous and quarrelsome and was his own worst enemy. His biographer has tried, as far as the facts would permit, to remove or cover the scars in his character, and he has succeeded quite well. Pack became involved in a fight over his position in the Seventies Q u o r u m and did not know when to quit. His insistence on his "rights" recalls to mind a talk by Heber J. Grant in LDS General Conference many years ago. Grant was urging conference visitors to drive cautiously and to wait their turn to get into traffic lanes.

He said he had recently visited a cemetery and found this rhyme on a headstone: Here lies buried Bull-dog Gray He died defending his right-of-way He was perfectly right as he raced along But he's just as dead as if he'd been wrong

391 Pack did not lose his life in his struggles, b u t he did receive s e r i o u s wounds from which he never quite recovered.

In none of J o h n Pack's activities did his astuteness show up better than in his financial dealings. Realizing his heavy responsibilities with so large a family, he acquired sizeable acreages in West Bountiful and Kamas. His holdings in Kamas provided the raw material for a sawmill and a cattle r a n c h , both of which c o n t r i b u t e d generously to his income. He left a considerable estate and a very numerous posterity.

This creditable biography will be particularly appealing to those interested in LDS church history.

GEORGE S. TANNER

Holladay

^M

The Modern

Cowboy. By J O H N R. (Lincoln: University of Nebraska Press, 1981. Xii + 247. $15.95.)

ERICKSON.

Having "cowboyed off and on for twenty years," the author is obviously the right person to provide a lucid and lively description of the work, tools, animals, living conditions, styles, and values of the c o n t e m p o r a r y ranch hand. His approach is not historical, although the final chapter provides bibliographical context, and not exactly how-to. But it is sufficiently descriptive to convey the sounds, sights,

smells, and feel of modern cowboying and certainly analytical e n o u g h to help us understand why "the little man in high heel boots has cast a very large shadow across our land."

Knights of the Green Cloth: The Saga of Frontier Gamblers. By ROBERT K. DEARMENT Norman: University of Oklahoma Press. 1982. Xiv 4- 423 pp. $17.50.)

A stock figure in western fiction, the gambler brings to mind a tall, dark

Utah Historical Quarterly

392 man dressed in black. Most of the hundreds of gamblers mentioned by D e A r m e n t d o n o t m a t c h this stereotype — especially Lottie Deno, Dona Maria Gertrudis Barcelo (who may have altered the course of southwestern history), and "Poker Alice" Ivers who declared, "I've never seen anyone grow humpbacked carrying away the money they won from me."

T h e book abounds with fascinating vignettes of f a m o u s a n d o b s c u r e gamblers who plied their trade west of the Mississippi between 1850 a n d 1910.

since 1899 or that the highest temperature ever recorded in the state was 116° F. at St. George on J u n e 28, 1982? This booklet points out oddities and supplies much useful data on that perennial topic of conversation — the weather. Mail order address is 690 SWKT — BYU, Provo, U T 84602.

Add 50 cents postage.

Utah Weather Guide. By DALE J. STEVENS et al. (West Jordan, Ut: Society for Applied Climatology, 1983. 46 pp.

Paper, $1.00.)

A well-known a u t o m o b i l e a n d mobile home dealer, Ken Garff at one time also owned a large interest in the Deseret Live Stock Company. Several chapters of the book are devoted to G a r f f s ancestors, a n d m o r e t h a n thirty pages are family photographs.

Did you know that the winter of 1948-49 was the most severe in Utah

Ken Garff: A Biography. By JEAN R. PAULSON. (Salt Lake City: Kendall Day Garff, 1983. Xi 4- 209 p p . $9.50.)

STATEMENT OF OWNERSHIP, MANAGEMENT, AND CIRCULATION

T h e Utah Historical Quarterly (ISSN 0042-143X) is published quarterly by the Utah State Historical Society, 300 Rio Grande, Salt Lake City, Utah 84101. T h e editor is Melvin T. Smith and the managing editor is Stanford J. Layton with offices at the same address as the publisher. T h e magazine is owned by the Utah State Historical Society, and no individual or company owns or holds any bonds, mortgages, or other securities of the Society or its magazine.

T h e following figures are the average number of copies of each issue during the preceding twelve months: 3,734 copies printed; no paid circulation; 3,033 mail subscriptions; 3,033 total paid circulation; 244 free distribution (including samples) by mail, carrier, or other means; 3,277 total distribution; 457 inventory for office use, leftover, unaccounted, spoiled after printing; total 3,734.

T h e following figures are the actual number of copies of single issue published nearest to filing date: 3,681 copies printed; no paid circulation; 3,068 mail subscriptions; 3,068 total paid circulation; 76 free distribution (including samples) by mail, carrier, or other means; 3,144 total distribution; 537 inventory for office use, leftover, unaccounted, spoiled after printing; total 3,681.

INDEX Italic numbers refer to illustrations.

Abbott, Samuel S., Colony Guard member, 13, 15, 16, 24, 25 Agriculture: role of education in, 162-63; Utah 4-H program in, 162-82 Alexander, Sara, actress, 367, 368, 368 Allee, W. C , biologist, 193 Allison, E. M., reform school supt., 332-34 Allsop, J o h n C , Colony Guard member, 12, 13, 15, 21 Aloysius, William, army deserter, 27 Aluminum, Inc., lobbying for Utah plant location for, 77-78 Alworth, , railroad official at Council Bluffs, 362 Anaconda C o p p e r Co., Tooele interests of, 280-81 Anderson, Washington Franklin, physician, 58, 68 Andrew j e n s o n Club, LDS history group, 6 Andrews, Asa P., train crash victim, 66 Angell, Mary Ann, wife of Brigham Young, 50 Anthony, Susan B., suffrage and temperance advocate, 369 Anti-Saloon League, 160 Apgar, _, treasury official(?), 378 Army Chemical Warfare Service, Dugway established by, 285 Arthur, Chester A., Mormon representatives called on, 373 Ashment, Thomas, Sr., train crash described by, 61 Atkinson, Henry, general, Missouri River expedition of, 35 Auguste, Lucien, Indian interpreter, 39

B ., railroad official(?) at Council Babcock, Bluffs, 362 Backman, Ralph, science teacher, and Scopes controversy, 195-96 Baird, Glenn, state 4-H leader, 182 Ball, William S., Colony Guard member, 14,21, 22, 25, 26 Bank, T. F., Colony Guard member, 8 Banks, , involvement of, in statehood scheme, 374 Baptist church, small size of, in Utah, 192 B a r t o n , William, a n d o r e d i s c o v e r i e s at Minersville, 234, 235, 237 Baum, J o h n J., seducer killed by, 320 Beauregard, G. T., general, 37 Beaver: brickmaking in, 218-19; geography and early settlement of, 212-13; housing in, criticized by Brigham Young, 216; historic homes in, 212-28, 272, 214, 217, 219, 222, 225, 226; l e a d e r s in, c h a n g e d by LDS church, 216; prosperity in, 219-21 Beaver Co-op Store, 216, 221 Beecher, Henry Ward, sermon of, 366

Beehive House, description of, 49-50 Bell, Mary, train crash victim, 59, 65, 68-69 Benjamin, 268 Benjamin Presbyterian church. See First Presbyterian Church of Benjamin Bennett, Fred E., expose of Mormon polygamy

by, 133 Bennion, Milton, and BYU controversy, 191, 194 Benson, E. T., Tooele mill of 275 Bevan, J o h n A., Tooele historian, 284 Bevan, Nettie Gray, Benjamin Presbyterian, 271, 269 Bigelow, Lucy, wife of Brigham Young, 51 Bikuben, Scandinavian LDS newspaper, 119 Bingham, copper mine at, 273 Black, Chauncey, 378 Black Hawk War, 35, 36 Black, Joseph Smith, polygamy raids described by, 145 Blackburn, , landlady of Sara Alexander, 368 B l a c k b u r n , J o h n , a n d o r e d i s c o v e r i e s at Minersville, 235, 237 Blair, Montgomery, and Harney, 44 Blair, Seth M., prosecutor in Egan case, 311, 313,5/3 Board of Home Missions, Presbyterian organization, 266 Bonneville Park, government housing project, 80 Boreman, Jacob S., U.T. Supreme Court justice, 71 Bowery, description of, 49 Box Elder County: effect of defense industries on, 75; 4-H work in, 164, 167 Boyter, Alexander "Scotty", Beaver stonemason, 223-24; home of, 222, 225 Boyter, James, Beaver home of, 212, 224,225 Brannan, Samuel, Mormon and California millionaire, 274 Brigham Young High School, and evolution controversy, 190 Brigham Young University, controversy over evolutional, 188, 189-91, 198 Bringhurst, William, LDS missionary at Las Vegas, Nevada, 233 Bronley, Naoma Herbert, Presbyterian church attended by, 267 Brown, Lorenzo, and Las Vegas, Nevada, mining venture, 240 Brown, Olympia, minister and feminist, 369 Brown, Richard, killing of, for s e d u c t i o n , 320-21 Brown, William W., U.S. senator, 370 Bryan, William Jennings: and evolution, 186; as Fundamentalist leader, 183, 189, 191; and Scopes trial, 184, 185, 187, 195 Bryant, J. D., Grover Cleveland's surgeon, 365 Buchanan, James: and Kansas civil strife, 32;

394 reprimand of Harney by, 42; and Utah Expedition, 33 Bucklin, Daniel W., Colony Guard member, 8, 14, 2 1 , 24, 25, 28 Bullion Coalition Company, 357 Burrill, Charles D., Colony Guard member, 9, 13, 15, 16, 2 1 , 23, 25, 28 Burton, W. W., 379 Bushnell General Hospital: lobbying for location of, in Utah, 77; postwar use of, 88 Butler, Ben, attorney, 370

Cache County: 4-H work in, 169, 172, 181-82; FFAin, 172; youth agricultural clubs in, 164 Caine, John T., delegate to Congress, and 1885 statehood scheme, 367-77, 372, 379-80 Caine, Mrs. J o h n T., 369 California V o l u n t e e r s , m i n i n g in Utah bv, 349-54 Calkin, Asa, LDS missionary in England, 34 Call, Anson, Utah County agent, 176 Camp Floyd, 33, 284 Camp Floyd Mining District, 284 Camp Scott (Wyoming), Utah Expedition wintered at, 32 Campbell, , seducer shot by William Hughes, 317-18 Cannon, Abraham H., polygamy raid described by, 141 Cannon, Ella, daughter of George Q., 141 Cannon, Emily, plural wife of George Q., 141 Cannon, George Q.: as Deseret News editor, 308, 319; a n d 1885 s t a t e h o o d s c h e m e , 3 6 1 , 365-70, 377, 379-80; and extralegal justice, 319; hiding of, d u r i n g polygamy raids, 141 Cannon, Georgia, daughter of George Q., 141 Cannon, Mary, daughter of George Q., 141 Canyon Crest Boys Ranch, 338 Carbon County, folklore of miners in, 246-58 Carlisle, J o h n G., Speaker of the House, 369 Carrington, Albert, and Great Salt Lake survey, 28 Castle Gate, coal mining at, 247, 250, 251-53, 254, 2 5 5 , 2 5 7 Catholic church: social problems dealt with by, 329; in Tooele, 282 Chamberlin, Ralph: controversial resignation of, from BYU, 190; writings of, on evolution, 197, 197-98 Cheney, , Colony Guard member, 8, 11 Chessman, Mrs. F. H., train crash victim, 67 Chief Conquering Bear, and Sioux Wars, 38-39 Children, laws affecting, 329-30, 332, 335-41; 136, 138-41, polygamy affected lives of, 140-53 Children's Aid (Service) Society, 336, 337 Christensen, Gladys, state 4-H leader, 169, 177 Christenson, Anna (daughter), 108, 110, 114, 117-19, 122-23, 125, 126, 127-31 Christenson, Benjamin Franklin (son), 110, 116-17, 119, 122, 128

Utah Historical Quarterly C h r i s t e n s o n , Caroline ( d a u g h t e r ) , 109-10, 116-17, 121 Christenson, Christena Akesson (first wife), Swedish immigrant, life of, in Gunnison, 108,709,109-11,114-16,118,121,123,127 Christenson, Emma (daughter), 110, 113-14, 118, 122, 125, 726, 127-29 Christenson, H a n n a h (daughter), 108, 110, 113-14, 116-22, 124-30,726 C h r i s t e n s o n , H y r u m (son), 110, 1 1 2 - 1 3 , 117-18, 122-23, 125,726, 128-31 Christenson, J o h a n n a Herling (second wife), Swedish immigrant, life of, in Gunnison, 108, 7 0 9 , 109-10, 112, 114, 117, 119, 120-21, 123, 128-30 Christenson, J o h n , Swedish immigrant, life of, in G u n n i s o n , 108, 709, 109-10, 112-13, 116-17, 120-21, 123, 125, 726, 127-30 Christenson, J o h n (son), 110-12, 118, 120, 123-24, 127, 129-30 Christenson, Joseph (son), 110, 116, 118-30, 726 Christenson, Minnie (daughter), 110, 113, 118, 121-23, 125-31,726 Christenson, Tilda (daughter), 110, 112-15, 117-18, 122-31, 726 Christofferson, Peter J., imprisoned polygamist, 362 Church of Jesus Christ of Latter-day Saints: and agriculture during WWI, 167-68; attitudes of, toward evolution, 188-91, 198; controlled settlement pattern of, 213, 228; disincorporation of, 134, 138; organizations and activities of, in G u n n i s o n , 110, 114-15, 121-24; and polygamy, 133-53; and social problems, 329; Tooele Stake of, 275-76. See also Mormons and names of church leaders Church Review, Presbyterian publication, 264 Clark, J o s e p h i n e Daines, M o r g a n C o u n t y agent, 179 C l a r k , J . R u e b e n , J r . , LDS l e a d e r from Grantsville, 276 Clawson, Mrs. Rudger, Supreme Court case of, 371 Clawson, Rudger: case of, in Supreme Court, 367; and polygamy raids, 147 Clawson, Spencer W., 377, 378 Clearfield Naval Supply Depot: opposition to, 75-76; postwar sale of, 88, 90; WWII operations at, 73 Cleveland, Grover, president-elect, and 1885 statehood scheme, 363, 368, 373, 374, 375, 378,380 Coal, quality of, for metallurgy, 86-87 Coal mining, folklore of, 246-58 Cobb, Percy W., physician, 188 C o d m a n , J o h n , pamphlet of, on Mormons, 378-79 Coffroth, James W., passenger on UP train that crashed, 64 Coffroth, Mrs. James W., train crash victim, 66 Coker, Edward, Colony Guard member, 13, 16, 17, 18, 23, 28, 35

Index Colony Guard (forty-niners): advertisement of, 10, 15; constitution of, 7 n. 4, 7-9, 11, 16, 17, 24; dissension among, 25-27; finances of, 9, 9 n. 2 1 , 11, 16, 23; illness among, 27; items shipped to SF by, 18-20; members of, 13-14; minute book of, 6-27; officers of, elected, 13; organization of, 5; purchases of supplies by, 8, 10-12, 14-17, 21-23, 25; steamboat travel by, 22; train travel by, 21; uniforms of, 16; and Wyandot Indians, 23 Colorado Fuel and Iron, interest of, in Geneva Steel, 85-86 Conkling, Charles A., Colony Guard member, 11, 13, 2 1 , 25-27 Connor, Patrick E.: involvement of, in Indian massacre, 277; mining interests of, 244, 276-78, 284, 349-50, 350, 353, 355 Contributor, LDS magazine, 119 Cooke, Philip St. George, and Ash Hollow massacre, 39-40 Coolidge, Calvin, opinion of, on science, 194 Coombs, Ellis Day, childhood of, affected by polygamy, 142, 144-45, 151 Corinne, ore shipment to 279 Cowley, Matthias Foss, and 1885 statehood scheme, 361 Cox, Isaiah, Jr., and polygamy, 148 Cox, Martha Cragun, polygamy experiences of, 146, 148-49 Cox, Rose, daughter of Martha, 148-149 Cox, Samuel S., Congressman, 369 Crocksel, Jacob, Benjamin Presbyterian, 271 Cumming, Alfred, U.T. governor, conciliation policy of, 32 Cummings, Horace, LDS commissioner of education, 190 Cureford, Lidiad, Benjamin Presbyterian, 271 Curry, David A., reform school supt., 335 Cyprus High School, lab equipment for, 196

Danites, 315 Darrow. Clarence, 183, and Scopes trial, 185, 187 Davidson, Myrtle, state 4-H worker, 175-77, 178 Davis County: 4-H work in, 167, 169; government housing in, 79; personal income in, affected by military, 75, 78, 79; wartime growth of, 81 Davis, Henry, wrongful arrest of, 320 Davis, Jefferson, and Harney, 35-36, 39, 43 Davis, Mrs. J. C. (Mary J a n e Herbert), Benjamin Presbyterian, 271 Decker, Clara, wife of Brigham Young, 51 Decker, Lucy Ann, wife of Brigham Young, 51 Defense Depot Ogden: opposition to, 76; postwar role of, 72, 89, 90; WWII operations at, 73 Defense Plant Corporation, Utah operations of, 78, 85 De Hart, H. V., Harney condemned by, 43, 44

395 Deli, Philip, train crash victim, 59, 65 Deseret Chemical Depot, 88 Deseret Iron Co., 232 Deseret News: Beaver housing described in, 216; C. W. Penrose's reports to, 371, 377; and evolution, 185-86, 190, 191; and extralegal justice, 308, 315, 317, 318, 321, 322; immigrants listed in , 57-58; and mining, 239; and UP train crash, 58-60, 65 Deseret store (tithing house), description of, 49 Deseret Telegraph Co., office of, in Beaver, 216, 223 Deusenberg, W. H., and insane asylum 379 Devereau, Lucy, polygamist prisoner, 141 Dillon, Sidney, 377, 380 Donner party, 274 Dugway Proving Ground: location of, 75, 285; postwar role of, 89, 90 Dunford, George, polygamist, 150-51 D u n f o r d , L o r e n z o , as a child, s u p p o r t e d mother, 150 Dunn, Loren C , LDS leader from Tooele, 276 Dunn, Paul, and 4-H camp program, 181 Durkee, Charles, U.T. governor, and mining, 245 Dyer, Frank H., U.S. marshal, and polygamy arrests, 143

Eagle Emporium, 322, 323 Eaton, Bessie, state 4-H worker, 168 E d m u n d s Act, effects of, on p o l y g a m o u s families, 133-34, 136, 140, 152 Edmunds, George F., U.S. senator, 370, 371 Edmunds-Tucker Act, effects 6f, on polygamous families, 133-34, 138, 140, 152 Education: effects of Scopes controversy on, 183-98; improvements in, 269; inadequacy of, in early Utah, 266-67 Egan, Howard, trial of, for killing James Monroe, 309. 310-17, 323 Egan, Tamson, affair of, with James Monroe, 310, 311, 314-17 Eitel-McCullough radio tube plant, 88, 90 Eldridge, Nathan B., congressman, 370 Emerson, Philip H., U.T. Supreme Court justice, 71 English immigrants, coal mining folklore of, 246-58 Enoia Gay, WWII atomic bomb plane, 286 Ever-Ready 4-H Club of Pleasant View, 176-77 Evolution, controversy over, 183-98

Fabian, Bentham, and mining, 244 Fairless, Benjamin F., U.S. Steel executive, 86 Fanshaw, Samuel R., artist and Colony Guard member, 7-13, 16, 21-22, 24 F a r n s w o r t h , Philo, LDS bishop at Beaver, 235-36 Featherstone, Vaughn J., LDS leader from Stockton, 276

396 Federal Housing Administration, WWII loans by, 80 Fenn, Lucy, and polygamy raids, 147-48 First Presbyterian Church of Benjamin: day school and Sunday school of, 259, 266-70; establishment of, 259-61, 264-65; members of, 270-71 Fitzgerald, John, prison official, 362 Fitzgerald, Myrtle, Benjamin Presbyterian, 271 Flashman, , New York Mormon, 366-68, 373, 375, 377-79 Floyd, J. Whitney, and 4-H camp program, 181 Folklore of Welsh and English coal miners, 246-58 Folsom, Amelia, wife of Brigham Young, 50 Fort Cameron, building of, 220-21 Fort Douglas: founding of, 329, 350; postwar role of, 89-90, prospecting by troops at, 350-52, 355; WWII operations at, 73 Fowler, M. H., Colony Guard member, 11, 13, 16-17, 26 Franzen, Raymond, psychologist, 193 Frazer, Annie, wife of Thomas, 221 Frazer, Thomas, Beaver stonemason, 219-23, 220 Free, Emeline, wife of Brigham Young, 51 Fremont, John C , and exploration of Tooele County, 283 Fremont School, 340 Fundamentalism, resurgence of, and controversy over evolution, 183 Future Farmers of America (FFA), competition of, with 4-H, 172-73

Gabbitas, Viola, Presbyterian school student, 267 Gage, Joslyn, feminist, 369 Garfield Beach, 279 Garfield smelter: effect of smoke from, on Oquirrhs, 273; ores smelted at, 279 Garland, , U.S. senator, 371 Geneva Steel plant: postwar conversion of, 83-88, 87, 90; WWII operations at, 73, 79 Getty Oil Co., Mercur interests of, 280 Gibson, A. M., lobbyist, 370, 371 Gibson, P. W., steamship co. employee, Mormons helped by, 373 n. 52, 377, 379 Gladden, McBean and Co., defense plant operated by, 78 Gledhill, Nephi, Gunnison schoolteacher, 118 Glenn, Walter J., 4-H worker in Box Elder County, 167 Gluyas, George K., train crash victim, 66 Gluyas, Minnie, train crash victim, 67 Glynne, James A., doctor and Colony Guard member, 8, 10-11, 13-15, 25-26 Glynne, W., Colony Guard member, 11 Godbe, William S.: and Godbeites, 58, 262; mining interests of, 278 Gordon, J. S., Ogden physician, and reform school, 334

Utah Historical Quarterly Gordon, Laura De Force, attorney, 369 Gould, Jay, financier, 377, 380 Gowans, Ephraim G., Tooele physician, homes of delinquents visited by, 342, 342-44 Gowans, Hugh S., Tooele County settler, 284 Granite School District, and evolution, 196 Grant, Heber J.: and Scopes trial, 189; training of, for LDS leadership in Tooele, 276 Grantsville: growth of, 286; settlement of 275-76 Grattan, John L., and Indian massacre, 39 Great Depression: effect of war industry on, 78; employment statistics during, 84 Great Salt Lake, Black Rock at, 279, 279 Greektown, description of, 156-57 Griff, John, Colony Guard member, 11-13, 21 Grimshaw, Duckworth, Beaver home of, 221, 222, 223 Grimshaw, John, carpenter, Beaver home of, 225-26, 226, 227 Grundy, Isaac, smelting efforts of, at Las Vegas, Nevada, and Minersville, 233-40, 243 G u n n i s o n : description of, 110-11; ethnic groups in, 111; health care in, 116-17; LDS church activities in, 121-24 Gunnison Home Dramatic Club, 124 Gunnison, J o h n W., surveys of, in western Utah, 28, 283

H Haines, Isaac D., reform school superintendent, 334 Haines, Mrs. Isaac D., reform school matron, 334 Hall, Ezra, seducer killed by, 321 Hall, James, seducer killed by, 321 Hall, Otis, Kansas 4-H leader, 174 Halliday, Wilford H., murder charge against, 325 Hambleton, Madison D., J. M. Vaughn killed by, 310 Hambleton, Mrs. Madison D., affair of, with J. M. Vaughn, 310 Hamblin, William, mining district organizer, 244 Hamilton, Charles, execution described by, 38 Hansen, Evelyn, state fair prizewinner, 765 Hansen, Margaret, state fair prizewinner, 176 Hardee, Alma N., coal miner, 250, 253, 254 Harney, William S.: arrests and court-martial of, 36, 37; attitude of, toward Mormons, 30-31, 33, 34, 35; background of, 35; and boundary controversy in Northwest, 41-43, 44; and civil strife in Kansas, 32, 34; and Civil War, 44; as commander of Utah Expedition, 30-32, 34; descriptions of, 30, 35-36, 44-45; Indian campaigns of, 32, 35, 39; and Mexican War, 35-38, 4 1 ; murder charge against, 43; and Sioux massacre, 31, 33. 34, 38-41 Harris, , woman imprisoned for polygamy, 141

Index Harris, Milton H y r u m , USAC professor a n d 4-H leader, 168-69 Harris, Mrs. , Gunnison resident, 115 Harris, Sterling R., Tooele football coach, 283 Harrison, Benjamin, amnesty granted polygamists by, 151 Harrison, E. L. T., Godbeite, 58 Hastings Cutoff, 274 Hayes, , Colony G u a r d m e m b e r , 10, 11 Hemingway, J. C , attorney, 70 H e n d e l , Jacob, Colony G u a r d m e m b e r , 11, 14, 16, 22, 2 3 , 26 28 H e n d r y , J a m e s , killing of, for seduction, 321 H e n r y , J. M., Benjamin Presbyterian, 271 Herbert, Mary J a n e H o n e (wife), 263 Herbert, T h o m a s : disfellowshipping of, from LDS c h u r c h , 263; as Presbyterian in Benjamin, 265, 267-68, 271 Hercules Powder Co., 89 H e r m a n , George W., army deserter, 27 Hewitt, Richard, Indian subagent, 23 Hill Air Force Base: building at, 76; economic effects of, 74, 75; lobbying for, 77; O g d e n Air Logistics c o m m a n d at, 74; O g d e n residents' reaction to airmen at, 8 1 ; postwar expansion of, 88-89, 90 Hill, J a m e s , train crash victim, 59 Hill, S. L., railroad car m a n a g e r , 360 Hoar, George F., U.S. senator, 370 Hobbs, Willliam, seducer killed by, 322-24 Hoes, S., Colony G u a r d m e m b e r , 8 H o g e n s e n , J a m e s C , state 4-H leader, 164, 166-68, 169, 172 Holbrook, Hattie, state fair prizewinner, 164 H o n e , Alice (daughter-in-law), 270 H o n e , Alice (niece), 271 H o n e , Alice (sister-in-law), 271 H o n e , Alma (son), 269, 270 H o n e , Caleb (brother), 2 6 7 , 265, 271 H o n e David: conflict of, with LDS c h u r c h , 262; immigration of, 2 6 1 ; as organizer of Presbyterian churches at Payson a n d Benjamin, 267, 264, 264-66, 268; store of, 268 H o n e , George A. (son), 271 H o n e , George, Sr. (father), 2 6 1 , 2 6 7 , 271 H o n e , H e n r y (?), 267 H o n e , J o h n (son), 270 H o n e , J o s h u a (?), 267 Hone, Marion (daughter-in-law), teacher, 267-70 H o n e , Mary (mother), 262, 271 H o n e , Mildred L ( g r a n d d a u g h t e r ) , 269, 271 H o n e , Robert David (grandson), 271 H o n e , Sarah (wife), 270 Hopkins, Alfred, train crash victim, 67 H o r t o n , Mrs. E. A., train crash victim, 67 H o u g h , W. A., Presbyterian minister at Payson, 264 H u d s o n , J o h n : a n d Colony G u a r d , 5, 9-13, 15-17, 2 1 , 24, 26-28; a n d Great Salt Lake survey of Stansbury, 28-29; illness a n d death of, 27-29; letters a n d sketches of, 5, 28 H u g h e s , William, seducer shot by, 317-18

397 H u m p h r e y , L e G r a n d e Rich, FFA leader, 172-73 H u n t , Jefferson, frontiersman, 28 H u r l b u r t , J. M., Erie Railroad official, 362 Hyer, Merle Gilbert, state fair prizewinner, 164, 166 Hystop, William, army deserter, 27

Ihrie, George, H a r n e y c o n d e m n e d by, 43 Immigrants: Americanization of, 130-31, 286, 288; e x p e r i e n c e s of, in T o o e l e , 2 8 1 - 8 3 ; Swedish family of, in Gunnison, 108-32 Improvement Era, LDS periodical, a n d evolution, 188-89, 191 Ingalls, J o h n J., U.S. senator, 370 I n t e r m o u n t a i n Indian School, 88 International Farm Youth Exchange, 179 International Smelting a n d Refining Co., 280, 282,287 Interstate Brick Co., 78 I r e l a n d , Elwin A., U . S . m a r s h a l , a n d polygamists, 137,360,371,373-75,377,380 I r o n County, a n d 4-H c a m p , 181 Iron Mission, LDS mining effort, 232-33 Ivins, A n t h o n y W., LDS leader, statement of, on creation, 189

Jackson, Andrew, vigilantes s u p p o r t e d by, 327 Jacob City, mining at, 278 Jacobus, C. T h e o d o r e , Colony G u a r d m e m b e r , 14 J a p a n e s e , turkey raising by, in C a r b o n County, 255-56 Jeffrey, T h o m a s , polygamist, 148 J e n s e n , Richard, LDS historian, 6 J o h n s o n , Alvin W., a u t h o r , 184 J o h n s t o n , Albert Sidney, U t a h E x p e d i t i o n c o m m a n d e r , 31-33, 33, 45 Jones, , Colony G u a r d m e m b e r , 11 J o n e s , Edward L, coal miner, 253 J o n e s , Mary Eynon, superstitions of, 253 J o n e s , Nathaniel V., mining efforts of, at Las Vegas, Nevada, a n d Minersville, 233, 240 J o n e s , W. R., son-in-law of C. W. Penrose, 360 J o r d a n School District, a n d evolution, 196 Justice, extralegal examples of, in Utah, 308-27 Juvenile Court, establishment a n d functioning of, in Utah, 338-45 Juvenile delinquency: establishment of courts to deal with, 338-45; a n d foster homes, 3 4 1 ; reform of laws a n d theories dealing with, 328-45; a n d reform school p r o g r a m , 328-35 Juvenile Instructor, LDS magazine, 119, 188, 190

Kaiser, H e n r y J., industrialist, 85-86 Kaiser Steel Co., a n d Geneva Steel, 85-86 Kalunite, Inc.: postwar sale of, 88; W W I I operations in Utah of, 73, 78 Kane County, a n d 4-H c a m p , 181

398 Katsunuma, Tomizo, silk expert, 335 Kearns Army Air Base: postwar sale of, 88-90; WWII operations at, 73-74 Kearsley, Amy, state 4-H leader, 182 Kelley, Fern Shipley, state 4-H leader, 175, 7 77, 177-79, 181-82 Kelley, William D., congressman, 370 Kelly, William, engineer on train that crashed, 64 Kelsey, Eli B., Godbeite and Tooele mayor, 58, 278 Kempe, C. I., polygamist prisoner, 362 Kenyon Hotel, 159 Kernan, T h o m a s J., attorney, ABA report by, on extralegal killings, 326 Kershaw, Robert, farmer, Beaver home of, 217, 277 Kirchhoff, T h e o d o r , G e r m a n travel writer, background of, 46-47; SLC described by 47-55 Knickerbocker and Argenta Mining and Smelting Co. 351 Koontz, Eliza, Benjamin Presbyterian, 271 Koontz, Sarah Ethel, d a u g h t e r of Eliza, 271 Korean War, defense expansion in Utah during, 89-90 Kouski, , unidentified woman involved in 1885 statehood scheme, 361 Kraft, Charles H e r m a n , son-in-law of Brigham Young, Jr., 364 n. 18, 364-66, 368, 373-75

Labor, depression and WWII statistics on, 84 Lafayette School, 155 Lafitte, J e a n , p i r a t e , H a r n e y c a m p a i g n e d against, 35 Lake Point (Clinton's) Beach, 279 Lamont, Daniel Scott, Grover Cleveland's secretary, 365, 368, 374, 378, 380 Larson, Andrew Karl, historian, 289-90 Las Vegas, Nevada, Mormon missionary and mining efforts at, 233 Latuda, coal mining at, 257 Lehi, refractories plant at, 78, 88 Leibhardt, Bertha, canning club organized by, 176 Lever, Asbury Francis, congressman, 166 Lewis, Barbara Ann, sister of J o h n Tustin, 68 Lewis, Samuel, interest of, in Minersville, 237 Lewis, Tarlton, LDS bishop, and ore discoveries at Minersville, 234-35, 237, 239 Lewiston, former name of Mercur, 279 Lincoln, Abraham, Department of Agriculture r e c o m m e n d e d by, 163 Lincoln Mining District, Pioneer District claims transferred to, 245 Lion House, description of, 50 Lions Clubs of Utah, and 4-H work 179 Little, M. F e r a m o r z , a n d 1885 s t a t e h o o d scheme, 360 Little T h u n d e r , a n d Ash Hollow massacre, 39-40

Utah Historical Quarterly Litton, Inc., 89 Lockwood, Belva Ann, attorney, 369 Long, J. V., LDS scribe, 216 Louvre Cafe, wild drinking at, 757, 759 Lowman, Hannibal, polygamist, 148 Ludlow, Levi M., Colony G u a r d member, 11, 13, 15,23-25 Lund, Cornelius (Curt), and Prohibition, 156, 161 Lund, Philo (Phike), and Prohibition, 156 Lusty, Louisa M., wife of C. W. Penrose, 359 Lyman, Amasa M.: and founding of San Bernardino, Calif, 241; and Minersville controversy, 235-36 Lyman, Francis Marion: and 1885 statehood scheme, 361; as LDS leader at Tooele, 276

M McCauley, F r a n k , h u s b a n d of Alice H o n e (niece), 271 McKay, , Colony Guard member, 8 McKay, David O., LDS leader, Utah location for war industry supported by, 76 McKean, James B., U.T. S u p r e m e Court chief justice, 71 McKee, A r t h u r G., Co., Geneva Steel plant appraised by, 86 MacKnight, James A., journalist, 373, 381 McLean, Eleanor, illegal marriage of, to P. P. Pratt, 326 McLean, Hector, P. P. Pratt killed by, 326 McNiece, R. G., Presbyterian minister, antiMormon views of, 366 McNulty, physician and Colony G u a r d member, 7-10, 12-13, 15-16, 2 1 , 26 McQuarrie, Wilma Peterson, 4-H sewing club member and leader, 174-75 MacVeagh, Wayne, Garfield's attorney general, 371, 372 Madsen, Christian, LDS bishop at Gunnison, 120-21, 123, 127 Madsen, Helena, wife of Christian, 120, 122 Mahone, William, U.S. senator, 370 Major, W. W., friendship o f with J o h n Hudson, 28-29 Manning, Daniel, Cleveland's presumed secretary of treasury, 378, 380 Marquardt Corp., 89 Martin, Ezra Francis, polygamist, 148 Mather, Kirtley, and evolution, 188, 197 Maw, Herbert B., governor, Utah location for war industry supported by, 76 Mayo, W. J., scientist, and evolution, 188 Meadow Valley Mining District, 1864 organization of, 244-45 Melinkovich, George, Tooele football player, 283 Memmot, Bill, coal miner, 246 Mercur: fire d e p a r t m e n t of, 277; mining at, 278-80 Mexican War, Harney's actions in, 36-38

399

Index Miller, C. or F., supposed "agent" of Cleveland in 1885 statehood scheme, 361 n. 2, 362-63, 365-69, 374-76, 379-81 Miller, T., New York Mormon, 375 Mills, Sarah A., daughter of Caleb Hone, 271 Minersville, 235, 245; farmers oppose mining at, 235-36; first lead-silver m i n i n g at, 229-30, 234-45 M i n i n g : c u s t o m s a n d p r o p e r t y r i g h t s in, 346-57; districts organized for, 241, 242-45; folklore of, 246-58; i m p o r t a n c e of, to Tooele County, 276-81, 284; Mormon attempts at, 229-45; and problems of smelting, 233, 243 Moffat, Ralph W., aluminum process developed by, 77, 78 Monroe, James, killing of, by Howard Egan, 310-11, 313-17, 323 Mormon Battalion, and gold mining, 231 Mormons: exploration and settlement by, 213, 228, 274-76; and extralegal justice, 308-27; and mining, 229-45; money system of, 232; property system o f 243; relations o f with Presbyterians, 260, 266-67, 269. See also Church of Jesus Christ of Latter-day Saints, Polygamy, and individual Mormons Morrill Act, ineffectiveness o f in e n d i n g polygamy, 135-36 Morrill Act, land-grant colleges established under, 163 Morris, Elias, and LDS immigrants by train, 57 Mount, William Sidney, painting by, 4 Moyle, James H . , 3 3 7 ; and reform school, 330 Mull v. Brown, decision in, defined juvenile court proceedings, 339 Murdock, Abe, U.S. senator, and war industry in Utah, 76-78 Murdock, J o h n Riggs, leader in Beaver, 216 Murphy, J o h n R., mining historian, 354-56 Murray, David P., state 4-H leader, 171-77,777, 179, 181 Murray, Mabel, wife of David, 178

N National Copper Bank, 164 Needham, James, LDS missionary, 57-58 Neels (?),John C , 377 Nelson, Nels, BYU professor, and evolution, 188 Nelson, Thomas Billington, polygamist, 143 Nesbitt, Evelyn, actress, 326-27 New York City, 14, 376 Nibley, Charles W., LDS leader, statement o f on creation, 189 Nicholson, J o h n , Deseret News editor, 364, 364-67 Nicholson, J o h n , Detroit prison official, 362

Oberhansley, Henry, state 4-H worker, 168 Office of Farm Management, farm clubs organized under, 164

Ogden: discussion of Scopes trial issues in, 192-93; growth of, 79, 329; reform school at, 82, 328-32; and wartime housing, 79-81 Ogden Arsenal, 78, 88 Ogden Chamber of Commerce, lobbying o f for air base, 77 Ogden Junction, and extralegal justice, 321 Ogden Livestock Show, 179 Ogden Military Academy, 331 Ogden Standard-Examiner: and academic freedom, 185; and evolution, 188, 192 Okhitree, Thomas, congressman, 370 Old Tabernacle, description o f 49 Ophir, 346; mining at, 278, 279, 355-57 O p h i r Mining District: Rush Valley claims transferred to, 355; wealth of, 357 O q u i r r h M o u n t a i n s : effect o f on T o o e l e , 273-74; mineral wealth of, 273, 278-80, 284 O r p h e u m (Capitol) Theatre, 159 Orwin, Jessie, Beaver log cabin of, 274, 215

Pack, Frederick, LDS scientist, and evolution, 188 Palmer, J o h a n n a Rees, immigrant, 66 Palmer, Richard, immigrant, 66 Parker, Delna, 4-H member, 770 Parker, Dorothy, 4-H member, 770 Parker, T h o m a s L., ship chandler, Colony Guard member, 7-11 Parrish, Claire, state 4-H worker, 167, 177 P a t t e r s o n family, English f a r m e r s a n d brickmakers in Beaver, 218 Patterson, James A., Colony Guard member, 11, 14, 17, 24-26 Payson: mineral resources o f 87; Presbyterian church at, 261, 264, 269-71 Pearson, R. A., president, Iowa State College, 174 Peay, Albert (son), 271 Peay, Annie (daughter-in-law), 263, 268, 271 Peay, Arthur E. (brother), 269, 271 Peay, Clara L. (daughter), 271 Peay, Eliza Jane Baker (wife), 262 Peay, Francis, Benjamin Presbyterian, 262-63 Peay, Francis A. (son), 263, 266, 268 Peay, Mattie (sister-in-law), 269, 271 Peay, Nellie (daughter), 271 Peay, Norma Lillian (granddaughter), 271 Peck, Alice M., Presbyterian teacher in Benjamin, 264-66, 269, 271 Peelor, Noah, Colony Guard member, 7, 11-13, 16-17, 21, 25-26 Pelham, Nathaniel, Colony Guard member, 8, 12-13, 15-16, 25-26 Penney, J. C , Co., and 4-H, 178 Pennsylvania Railroad, political influence of, sought by Mormons, 372 Penrose, Charles W.: biographical data on, 359-60; dealings o f with "secret agent" Miller, 361-63, 365-69, 374-76, 379-81; 1885 diary of statehood expedition of,

400 359-81; and extralegal justice, 3 2 1 ; and Grover Cleveland, 363, 368, 373, 374, 375, 378, 380; mission o f to England, 369, 379, 380; polygamist prisoners at Detroit visited by, 362; pursuit o f by Marshal Ireland, 360, 371, 373-75, 377, 380; and suffragists, 369 Penrose, George William, son of Charles W., 360 n. 5 Petaluma Journal and Argus, J o h n Tustin's death described in, 67, 68 Peterson, Maggie, sister of J o h n Christenson, 125 Peterson, E. G., USAC president, and 4-H work, 168 Peterson, Henry, controversial resignation o f from BYU, 190 Peterson, Joseph, controversial resignation of, from BYU, 190 Peterson, William, USAC Extension Division director, 177-78 Phelps, W. W., Howard Egan defended against m u r d e r charge by, 311, 572 Phillips, , solicitor general, 371 Pike, , mother of D. Pike, 366 Pike, H. R., and insane asylum, 379 Pioneer Mining District, 1864 organization o f near Minersville, 244-45 Player, Joy, 4-H member, 7 70 Plumb, Preston P., U.S. senator, 370 Poland, Luke Potter, reformist, 369 Polygamy: description of, by traveler, 50; effects of, on children, 133-34, 136, 138-53; legislation against, 133-40; portrait of family life in, 108-32 Pratt, Orson: polygamy doctrine announced by, 134; Tooele Valley described by, 274 Pratt, Parley P.: m u r d e r of, 326; Tooele Valley explored by, 274-75 Pratt, Romania Bunnell, physician, wife of C. W. Penrose, 359 Presbyterian church, chapel and school o f in Gunnison, 110. See also First Presbyterian Church of Benjamin Prohibition, c o m i n g of, to SLC described, 154-61,757 Protestants, strength of mainstream churches o f in Utah, 191-93 Protheroe, J o h n , Minersville mines leased to, 239 Provo, wartime growth of, 79 Provo Community Church, 271 Provo Herald: and academic freedom, 190; and Scopes trial, 186-87 Provo LDS Second Ward, disfellowshippings by, 262 Pugh, J. David, train crash described by, 61 Pyper, Alexander, j u d g e , 324 Randall, Samuel J., congressman, 369 Raulston, , Scopes trial j u d g e , 186 Reconstruction Finance Corp., activities of, in Utah, 77, 85-86

Utah Historical Quarterly Reed, Thomas B., congressman, 370 Rees, Elizabeth Thomas, train crash victim, 66, 70-71 Rees, Henry T h o m a s , Welsh immigrant involved in train crash, 66, 69-71 Rees, Joseph Thomas, train crash victim, 59,63, 65, 69, 70 Rees, Mary Thomas, train crash victim, 66 Reeves, , m u r d e r o f 325 Remington Arms plant, 88, 90 Republican party, polygamy attacked by, 135 Reynolds v. U.S., polygamy test case, 135-36 Reynolds, George, and 1885 statehood scheme, 361, 375, 379 Rich, Charles, and founding of San Bernardino, Calif, 241 Rich, Lyman, Utah County agent, 176 Richards, Emily, and woman suffrage, 369 Richards, Franklin S., and Clawson polygamy case, 367, 371; C. W. Penrose visited home o f 369 Richards, George F., Tooele farm o f 276 Richards, Heber J o h n , 373 Richards, Henry Phineas, father of Mrs. R. W. Young, 366 Richards, LeGrand, youth o f in Tooele, 276 Richards, Levi, Thomsonian doctor, 58, 68 Richards, Mary, and Winter Quarters mine disaster, 253 Richards, S t e p h e n L o n g s t r o t h , b r o t h e r of Heber J o h n , 373 Riker, Alanson, Colony Guard member, 14, 25, 26 Rinaldi, Joe, Tooele football player, 283 Roach, James, forty-niner, 9 Roberts, B. H.: and evolution, 188; opinion of, on killing seducers, 325-26 Robinson, , Beaver dugout of, 213,274 Robinson, William J., cabinetmaker and Colony Guard member, 9, 11-13, 2 1 , 24-26, 28 Rocky Mountain News, train crash described in, 60 Rogers, , New York Mormon, 366 Rogers, Will, and Scopes trial, 187 Rollins, J a m e s H e n r y , i n t e r e s t of, in Minersville, 237, 239 Roosevelt, T h e o d o r e , vigilantes supported by, 327 Rourke, J o h n , Colony Guard member, 10, 11, 13, 25 Rourke, William, Colony Guard member, 10, 12, 13, 23, 27 Rowberry, J o h n , early Tooele settler, 275 Rowley, Ellen, Presbyterian schoolteacher, 266, 269, 271 Rush Valley Mining District: history o f 349-57; organization of, 278, 346 Rush Valley Smelting Co., 351

Sacramento Daily Bee, train crash described in, 64-65

Index Sacramento State Capitol Reporter, train crash described in, 65 Salt Lake City, 46, 48, 53, 54; coming of Prohibition to, 154-61; 1867 description of, 47-55; growth o f 79 329; immigration to, by train, 56-57; juvenile delinquency in, 82; outdoor markets in, 160, 767 ; street lighting 8 h for, 154 Salt Lake City Public Library, materials on evolution available at, 196-98 Salt Lake City Semi-Weekly Telegraph, train crash news in, 68-69 Salt Lake Collegiate Institute, 268 Salt Lake County: agriculture in, during WWI, 167-68; FFA and 4-H work in, 172; trailer parks in, 79; unwed mothers, divorce, etc. in, 82; wartime growth o f 81 Salt Lake County Courthouse, 340 Salt Lake County Jail, 340 Salt Lake Daily Herald, and extralegal justice, 320-22, 324-26 Salt Lake School District, and evolution, 196 Salt Lake Tabernacle, 3, 48; description of, in 1867, 48-49, 54 Salt Lake Temple, description of, under construction, 48 Salt Lake Theatre, 53; description of audience and performance at, 52-53 Salt Lake Tribune: and academic freedom, 190; and extralegal justice, 321, 323-24; and Scopes trial, 186, 187 Salvation Army, band o f 159-60 Sanders, P. J., 4-H worker in Davis County, 167 Sands, William, Colony Guard member, 11, 13, 16-18, 21-25, 27-28 San Francisco Daily Morning Call, train crash described in, 63-64 Sanpete Academy, 118, 127, 129 Sanpete County, agricultural clubs in, 164 Savich, Dan, Tooele football player, 283 Sayre, Lewis Albert, New York orthopedic surgeon, 365 Scopes, John, effects of controversial trial o f in Utah, 183-98 Scott, Winfield, general, Harney antagonist, 32, 36, 37, 41-44 Sears Roebuck and Co., and 4-H work, 178 Sears, T. H., 377 Sedgewick, Garnett, science-theology lecture of, in Ogden, 192 Sharp, David, state 4-H leader, 777, 178-79, 181-82 Sharp, J o h n , and 1885 statehood scheme, 360-62 Shearman, William H., Colony Guard member, 14, 17, 18, 22, 28 Shields, David, Jr., train crash victim, 59, 65-66 Shields, David, Sr., train crash victim, 59, 66 Shields, Janet Munn, wife of David, Sr., 66 Shinn, Charles, mining historian, 347, 353 Shipp, Ellis, physician, nursing school o f 125, 127

401 Simpson, J. H., and exploration of Tooele County, 283 Sioux Indians, massacre of, at Ash Hollow, 31, 33, 34, 38-41 Skelton, Robert, early Tooele settler, 275 Skinner, Horace, Beaver home of 219, 279 Sloan, Robert Wallace, editor and companion of C. W. Penrose, 369, 371-73, 375-77 Smith, C. Arthur, East High science teacher, 193 Smith, Clarence Beaman, 4-H national camp opened by, 173 Smith, George A.: Howard Egan defended by, 311-18,572, 323-24, 326; and Minersville, 237-38, 240, 242; report o f on Beaver, 216 Smith, Helen, 4-H member, 170 Smith, Hoke, and Smith-Lever Act, 166 Smith-Hughes Act, and FFA program, 171-72 Smith, Jesse N.: and 1885 statehood scheme, 361; and founding of Minersville, 234-37, 237, 239 Smith, John Henry, 374, 375 Smith, Joseph F.: and 1885 statehood scheme, 360; and evolution, 189, 191 Smith, Joseph, Jr., watch o f 122 Smith-Lever Act, and agricultural extension work, 166 Smith, Lot, and 1885 statehood scheme, 361 Smith, O. K., Death Valley route of, 28 Smith, Persifor F., commander, Department of Utah, 41 Smith, Silas S., interest of, in Minersville, 237 Smoot, A. O , and Utah Expedition, 33, 34 Smoot, Nettie Parkinson, and polygamy raids, 146, 151 Snow College, 118 Snow, Eliza R.: LDS Primary organized by, in Gunnison, 122; as wife of Brigham Young, 51 Snow, Erastus, and mining, 231 Snow, Lorenzo, visit o f to Gunnison, 111 Snow, Minnie, wife of Lorenzo, 111 Snow, Zerubbabel, j u d g e in Howard Egan murder case, 575, 313-14, 316, 324 Snyder and Son's Co., and mining at Mercur, 280 Spence, William C , LDS financial clerk, 365, 371 Spencer, Dan, and 1885 statehood scheme, 361 Sperry Utah Co., 89 Spofford, Harriet Elizabeth, literary figure, 369 Staines, Maggie, wife of T. Miller, 375 Stansbury, Howard, Utah explorations o f 28-29, 283 Stansbury Mountains, effect o f on Tooele, 273-74 Stanton, Elizabeth Cady, suffragist, 369 Statehood, 1885 scheme to secure backing for, 358-81 Stenhouse, T. B. H., editor, 68-69 Stephenson, J. S., defense plant objected to by, 78

402 Steptoe, Edward J., military c a m p established by, 283-84 Stevens, Isaac I., governor of Washington T e r ritory, 42 Stevenson, , New York M o r m o n , 367 Steward, B e n j a m i n F r a n k l i n : a n d B r i g h a m Young, 242; water rights dispute involving, 263 Stewart, George Craig, evolutionist, 192 Stockton, f o u n d i n g of and mining at, 277-78, 3 5 0 , 5 5 7 , 352-53 S t o d d a r d , J u d s o n , a n d Utah Expedition, 33-34 Strong, Isaac, polygamist, 148 Stout, Hosea, a n d extralegal justice, 315, 317 Stratford, Lucetta, wife of C. W. Penrose, 359, 360, 3 7 1 , 376, 377, 379 Sullivan, Con, killing of, for seduction, 322 Summit County, 4-H work in, 179 S u m n e r , Edwin V.: feud of, with H a r n e y , 4 1 ; and Mexican War, 36 Sunnyside, coal mining in, 246 Sunshine, mine at, 278 Sutter's Mill, M o r m o n s involved in gold discovery at, 231 Swedes, customs a n d culture of, in Utah, 119.

121, 130-31

T a l m a g e , James, a n d evolution, 188 T a n n e r , Annie Clark, a n d polygamy, 146, 147, 149 T a n n e r , J a n n i e , d a u g h t e r of Annie Clark, 149 Taylor, J o h n : a n d 1885 statehood scheme, 360, 368, 375; protest of, against federal officials, 142-43 Taylor, J o s e p h D., congressman, 370 Taylor, J o s e p h William, m o r t u a r y o f 158 Taylor, T . E., 379 Taylor, T h o m a s E., Minnie Christenson third wife of, 129 T e n n e y , A m m o n M., polygamist prisoner, 362 T h a t c h e r , Moses, a n d 1885 statehood scheme, 361 T h a w , H a r r y K., m u r d e r trial of, 326-27 Thiokol Chemical C o r p . , 75, 89 T h o m a s , Elbert D., U.S. senator, lobbying o f for W W I I facilities in Utah, 76, 77 T h o m a s , Elizabeth, H e n r y , J o s e p h , a n d Mary.

See Rees, Elizabeth T h o m a s , etc.

T i p p e t t s , J . R., M o r g a n C o u n t y s c h o o l s u p e r i n t e n d e n t , 194-95 Titus, , Colony G u a r d m e m b e r , 22 T o d d , A. C , Presbyterian minister, 266 T o l m a n , Cyrus, Tooele mill builder, 275 T o l m a n , J u d s o n , Tooele mill builder, 275 Tolton, J o h n F., Beaver d u g o u t described by, 215 Tooele: growth o f 79, 282-83; immigrants in, 282-83; New T o w n in, 282-83; s e r e n a d i n g band in, 27 7 ; settlement o f 275-76 Tooele Army (Ordnance) Depot: building o f 283-85; housing at, 80; personal income de-

Utah Historical Quarterly rived from, 75; postwar role o f 89-90; state fair exhibit o f 272; W W I I operations at, 73 Tooele County: effect of military on, 75, 79, 80, 81, 276-78, 283-86; history o f 272-88; imm i g r a n t s in, 2 8 1 - 8 3 ; m i n i n g in, 2 7 6 - 8 1 , 346-57; settlement of, 274-76 Tooele High School, immigrants in athletics at, 283 T o o e l e s m e l t e r , effect of s m o k e f r o m , on O q u i r r h s , 273 Tooele Valley Railway Co., 280, 281 T r u e , A. C , U.S. Extension Service leader, 174 T r u m b o , Isaac, a n d statehood, 381 Tustin, J o h n , train crash victim, 59-60, 64-65, 67-68 T w i s s , T h o m a s S., I n d i a n a g e n t at F o r t Laramie, 39, 40

u Uintah County, 4-H work in, 169 Uintah T r a i n i n g School, 338 Union Pacific Railroad, 56, 60, 62, 69; first fatal train crash in Utah of, 57-71; scholarship offered by, 176 United Presbyterian C h u r c h of America, missionary efforts of, in Utah, 259-60 U.S. D e p a r t m e n t of Agriculture: establishment o f 163; 4-H national c a m p sponsored by, 173 U.S. Steel, Geneva plant of, 79, 85-88 Utah, economic a n d social effects of war industry on, 72-92 Utah Bankers Assn., fair prizes sponsored by, 172 Utah Central Railroad, a n d mining, 347, 352, 354 Utah Commission, S u p r e m e C o u r t case involving, 370-71 Utah County: agricultural clubs in, 164; wartime growth of, 79, 81 Utah Dairy Council, a n d 4-H work, 178 Utah Educational Review: and BYU controversy, 191; science articles in, 193-94, 795 Utah Expedition, analysis of change in comm a n d of, 30-35, 45 Utah Farm B u r e a u , youth work of, 169 Utah Federation of Women's Clubs, interest of, in children, 338 Utah Fire Clay Co., 78 Utah 4-H: activities of, 707, 765, 765, 7 70, 180; beginnings of, 164-72; c a m p p r o g r a m of, 178, 181-82; first national c a m p of, 173-75; growth o f 174-82; leaders o f 7 77; rivalry o f with FFA, 172-73; symbol, motto, a n d pledge of, 166, 174; in u r b a n areas, 182 Utah Oil Refining Co.: postwar role of, 88, 90; WWII operations at, 73 U t a h P r e s b y t e r y , r e p o r t o f on B e n j a m i n c h u r c h , 265 Utah State Agricultural College (USAC, now Utah State University): Extension Division of, 163, 166; founding o f 163; youth programs directed by, 164-82

403

Index Utah State Fair, 4-H exhibits and prizewinners at, 765, 7 70 Utah State Industrial School, effect of WWII on, 82. See also Utah Territorial Reform School Utah State Road Commission, war surplus plant bought by, 88 Utah Territorial Reform School, 328; board of, 332, fire at, 331; legislation creating, 328-31; location o f 3 3 1 ; p r o g r a m objectives o f 330-35

Vallejo Weekly Chronicle, J o h n Tustin's death described in, 67 Valley House, 158, 158 Vandercook, Oscar, marshal in Ogden, 360 Van Ranst, J a m e s , s h o e m a k e r a n d Colony Guard member, 10, 13, 25 Van Zile, Phillip T., U.S. attorney for Utah, 370 Vaughn, J o h n M., seducer, killing o f 310 Vest, George G., U.S. senator, 370-72

Wilkey, Leila, granddaughter of David Hone, 271 Wilkinson, , New York Mormon, 375 Wilkinson, J., 377 Wilson, Benjamin, husband of Mary Bell, 65 Wilson, Woodrow, and agricultural extension work, 166 Winans, J o h n C , Colony Guard member, 9, 11-13, 22, 24 W i n t e r Q u a r t e r s , coal m i n i n g disaster at, 251-53 Wishard, S. E., Presbyterian minister, 266 Wood, Roene, 4-H leader, 770 Woodruff, Wilford, and Manifesto, 151 Wool, J o h n E., general, Harney arrested by, 36 World War II: economic and social effects o f 72-92, 274, 280, 284-86; victory gardens during, 181 Worth, William J., general, Harney arrested by, 37 Wright, Phineas T., Tooele mill builder, 275 Wrigley, R. L., Cache County agent, 169 Wyandot Indians, and Colony Guard, 23

w Walker brothers, mining interests o f 278 Walker, Charles L., polygamist, 141 Walker, Robert J., Kansas governor, 32 Walker War, and building of forts, 275 Wall, Richard, social historian, 125 Walsh, , 377 Walters, Maggie, train crash victim, 67 War Assets Administration, postwar sale of plants by, 85-86, 88 Warner, Adoniram J., congressman, 370 Warren, , LDS bishop, 242 Warren, Gertrude L., national 4-H worker, 176 Wasden, James, husband of Tilda Christenson, 124 Washburn, H. A., Colony Guard member, 8 Washington County, 4-H work in, 169, 181 Washington, George, interest o f in agriculture, 163 Washington Terrace, housing project, 80, 81 Watson, Robert, and 1885 statehood scheme, 371-72, 374-75, 377-79 Weber County: effect of WWII on, 78-81, 89; 4-H work in, 169 Weed, Smith M., New York attorney, 375, 376, 380 Welsh, coal mining folklore o f 246-58 Wendover Air Force Base, 74-76, 88-90, 285, 285-86 West Dip, mining at, 278 West Mountain Mining District, 348-49, 354 Westfield, Jim, coal miner, 246 White House, residence of Mary Ann Angell, 50 White, John D., congressman, 370 White, Stanford, architect, killing of, 326-27 Widtsoe, J o h n A., and evolution, 188 Wilcken, , 377

Young, Albert C , son of Brigham, Jr., 364, 368, 373, 374, 377-79 Young, Asa, army deserter, 27 Young, Brigham: estate of, 49-51; exploration and colonization plan o f 274-75; family o f 50-51, 53; and Godbeites, 58; as governor, 284; M. D. Hambleton defended by, 310; and mining, 229,231,233,234,236, 238-44; objection o f to log cabins, 215-16; a n d polygamy, 134; and Sanpete settlement, 29, 58; and Utah Expedition, 33-35 Young, Brigham, J r . , 5 6 7 ; companion of C. W. Penrose during 1885 statehood expedition, 360-81 Young, Joseph A., visit o f to Minersville, 240 Young, Mrs. Richard Whitehead, 366 Young, Miss Percy, train crash victim, 59-60,64 Young, Richard Whitehead, and C. W. Penrose, 364, 370-71

Zane, Charles S., territorial chief justice, and polygamy prosecutions, 136; opinion o f on killing seducers, 325 ZCMI, political influence of firms trading with, discussed, 370-71

U T A H STATE HISTORICAL SOCIETY

FELLOWS THOMAS G. ALEXANDER LEONARD J. ARRINGTON JUANITA BROOKS EUGENE E. CAMPBELL C. GREGORY CRAMPTON S. GEORGE ELLSWORTH AUSTIN E. FIFE LEROY R. HAFEN JESSE D. JENNINGS BRIGHAM D. MADSEN HELEN Z. PAPANIKOLAS CHARLES S. PETERSON WALLACE E. STEGNER

H O N O R A R Y LIFE MEMBERS VEE CARLISLE HAROLD CARPENTER EVERETT L. COOLEY LORA CROUCH J. ELDON DORMAN JACK GOODMAN MARGARET D. LESTER THERON H. LUKE L. V. MCNEELY A. RUSSELL MORTENSEN MARTHA R. STEWART JEROME STOFFEL

UTAH STATE HISTORICAL SOCIETY Department of Community and Economic Development Division of State History

BOARD O F S T A T E HISTORY MILTON C. ABRAMS, Logan, 1985

Chairman WAYNE K. H I N T O N , Cedar City, 1985

Vice-chairman MELVIN T. SMITH. Salt Lake City

Secretary T H O M A S G. ALEXANDER, Provo, 1987 PHILLIP A. BLLLFN, Salt Lake City, 1987 J. ELDON DORMAN, Price, 1985 ELIZABETH GRIFFITH, O g d e n , 1985

DEAN L. MAY. Salt Lake City, 1987 DAVID S. MONSON, Lieutenant Governor/

Secretary of State, Ex officio WILLIAM D. OWENS, Salt Lake City, 1987 HELEN Z. PAPANIKOLAS, Salt Lake City, 1985 ANAND A. YANG, Salt Lake City, 1985

ADMINISTRATION M E L V I N T. SMITH, Director STAN FORD J. LAYTON, Managing

Editor

JAY M. HAYMOND, Librarian DAVID B . MADSEN. JState

Archaeologist

A. KENT POWELL, Historic Preservation Research WILSON G. MARTIN. Historic Preservation Development P H I L I P F. N O T A R I A N N I , Museum Services

T h e Utah State Historical Society was organized in 1897 by public-spirited Utahns to collect, preserve, a n d publish Utah and related history. Today, u n d e r state sponsorship, the Society fulfills its obligations by publishing the Utah Historical Quarterly and other historical materials; collecting historic Utah artifacts; locating, documenting, and preserving historic and prehistoric buildings and sites; and maintaining a specialized research library. Donations and gifts to the Society's programs, museum, or its library are encouraged, for only through such means can it live u p to its responsibility of preserving the record of Utah s past.

This publication has been funded with the assistance of a matching grant-in-aid from the Department of the Interior, National Park Service, u n d e r provisions of the National Historic Preservation Act of 1966 as a m e n d e d .

This program receives financial assistance for identification and preservation of historic properties u n d e r Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. T h e U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, or handicap in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, U.S. Department of the Interior, Washington, D.C. 20240.