ARIZONA HIGHWAY COMMISSION NOTES

BY: A written report by Superintendent Romans for the Engineering Department

NOVEMBER 17 AND 18, 1937 The Arizona State Highway Commission met in regular session in their offices in the Highway Building at 10:00 A. M. November 17, 1937. Those present were: Chairman Dowell, Vice-Chairman Angle, Commissioners Langmade, Scott and Seale, also Deputy Engineer, Sid Smyth, Assistant Attorney General A. R. Lynch and Secretary, M. L. Wheeler.

Upon the recommendation of the Deputy State Engineer, who had received prior concurrence from the Bureau of Public Roads, it was moved by Commissioner Seale, seconded by Commissioner Angle, and unanimously carried, that the contract on the Flagstaff-Fredonia Highway, F. L. 4-E (1938) A. F. E. 8975, be awarded to the low bidder, the Lee Moor Contracting Company, in the amount of $85,619.58, subject to the rules and regulations of the Bureau of Public Roads.

Awarding of bids received November 12, 1937, at 2:00 P. M., by the Purchasing Agent on Lumber and Hardware for Tucson-Florence Bridge, was next in order.

After reading a letter of recommendation from the Purchasing Agent, M. G. Pratt, concerning the awarding of bids, it was moved by Commissioner Angle, seconded by Commissioner Seale, and unanimously carried, that the recommendation of the Purchasing Agent on the lumber be accepted and the bids of the Halstead Lumber Company be accepted in the amount of $5,877.13-2% 20 days or $5,759.59.

It was moved by Commissioner Angle,seconded by Commissioner Seale, and unanimously carried, that the recommendation of the Purchasing Agent on the purchase of Hardware, be accepted and the bid of the Allison Steel Manufacturing Company be accepted in the amount of $843.50.

A delegation from Tucson consisting of Monte Mansfield, Wm. R. Nisbaum, Frank Howe, and Stanley A. Kitt, requested the Commission in the interest of safety to rescind its action of October 20th granting a permit to the Cortaro Farms Company to cross the Casa Grande Highway in the vicinity of Marana with a spur track. After discussion, it was moved by Commissioner Langmade, seconded by Commissioner Seale, and unanimously carried, that the permit granted October 20th be rescinded. Upon reading a letter of recommendation from District Engineer Shaffer, in whose district this snow removal equipment is to be used, it was moved by Commissioner Seale, seconded by Com-missioner Scott and unanimously carri-ed, that the recommendation of the Dis-trict Engineer be accepted and the bid be awarded to the Klauer Manufactur-ing Company on the Sno-Go Mdl. TU3, in the amount of $9,500 also, that the bid of the Four-Wheel Drive Automobile Company on the FWD Truck Mdl. SU be accepted in the amount of $5,236.44.

It was moved by Commissioner Angle, seconded by Commissioner Seale,and unanimously carried, that a resolu-tion respecting the acquisition of cer-tain lands for camp-site purposes at the junction of the Florence-Tucson Highway, State Route 87 and the Casa Grande-Tucson Highway, State Route 84, for use in the maintenance and future relocation, alteration or improvement of said state highways, be adopted.

Reporting further on the acquiring of right of way on the Tucson-Nogales Highway, between Tucson and Continental, Project 86-A, Right-of-Way Agent Sheley stated $2500 is the lowest price acceptable to the owner of the "I'm Alone Service Station," located just north of Continental. On the property of George Martin, located at Sahuarita, he recommended the payment of $2.22 a square foot, or total amount of $4600, and on the property of Roy Brown, also located at Sahuarita, he said the lowest bid he had received for the rebuilding of the store, which is concrete-adobe structure, is $4, 000. He recommended settlement on the basis of figures given rather than by condemnation proceedings. It was moved by Commissioner Angle, seconded by Commissioner Scott and carried, Com-missioner Dowell voting "no" for the reason he felt a better price could be ob-tained by authorizing condemnation pro-ceedings against, the property of Roy Brown, that Right-of-Way Agent Sheley be authorized to settle on the three pieces covered by his report, at the figures he set forth.

Vice-Chairman Angle suggested to Right-of-Way Agent Sheley that he and District Engineer Hutchins look into the advisability of acquiring the necessary right of way from A. B. McGla-mery of Tucson near the junction of the Tucson-Benson Highway and Nogales Highway on the north side rather than acquiring 50 feet on both sides since it may be difficult to widen the highway at this point, and the acquiring of right of way on both sides will run it in close to the fence at the hospital. It was moved by Commissioner Seale, seconded by Commissioner Scott, and unanimously carried, that on the recommen-dation of Attorney Lynch, the Right-of-Way Division be authorized to start con-demnation proceedings against that por-tion of Tract "B" Capitol Addition, lving between 17th and 18th Avenues, south of block 27, adjoining the south line of Harrison Street, and being the south half of said Harrison Street.

An application from the City of Holbrook asking permission to install a 2" water main on Highway 66 from the North City Limits of Holbrook north to the cemetery, was presented. Commis-sioner Scott and District Engineer Grant had investigated the request and Dis-trict Engineer Grant recommended it be granted provided the main is laid four to eight feet inside the right-of-way line, which will make it between the future curb and sidewalk in case the highway is paved the full width. It was moved by Commissioner Scott, seconded by Com-missioner Seale, and unanimously carri-ed, that the recommendation be accepted and the application for permit granted, providing the main is laid under the su-pervision of the Engineering Depart-ment.

Afternoon Session A written request of Superintendent Rumans for the purchase of two radios for cars assigned to the night patrol in Phoenix and vicinity was presented. The Phoenix Police Department had previous-ly granted the use of its radio system without charge. It was moved by Com-missioner Angle, seconded by Commis-sioner Langmade, and unanimously car-ried, that the two radios be purchased for the purposes set forth in the letter and that they will be placed in cars which will have a continued reasonable length of service.

The matter of patrol cars having been repaired at a down-town garage on the authority of the Highway Patrol Super-intendent was brought up by Commis-sioner Scott. After discussion, it was moved by Commissioner Angle, seconded by Commissioner Langmade and unani-mously carried, that no authorization be given to the Highway Patrol Superin-tendent for the repair of cars in down-town garages.

It was moved by Commissioner Lang-made, seconded by Commissioner Scott, and carried, Commissioner Dowell vot-ing "no," that Highway Patrol Super-intendent Rumans be instructed to dis-continue the practice of requiring or accepting contributions from Patrolmen to any fund. Chairman Dowell stated he would vote for this motion if it included all Departments.

A communication was read by the Sec-retary from Mrs. S. H. Simmons, Cactus Gardens, Wickenburg, Arizona, in which she outlines the loss she and her husband will suffer if the highway is moved 600 feet southwest of their place of business. Commissioner Langmade stated Mr. Sam-mons had discussed the matter of settle-ment without suit with him, and asked $5,000 for the land taken, which is some 18 acres. This was discussed later in the meeting, at which time, the Secretary was instructed to notify Mr. Simmons the Commission does not accept his offer.

The Secretary read a lengthy communi-cation signed by W. J. Jamieson, State Administrator, Works Progress Admin-istration, concerning the costs to be set up for various highway projects that have been previously submitted to and approved by the W. P. A. relating to work to be done by the Highway Depart-ment in cooperation with the W. P. A. In lieu of the presentation already made, an alternative proposal was submitted wherein equipment rentals are set out and under "Sponsor's funds" the mater-ial and supplies have been increased, but the equipment rentals have been decreas-ed in a corresponding amount-the to-tal cost for the project being the same as originally presented. The members of the Commission requested to be furn-ished with a copy of the communication, and it was the consensus of opinion that the man-power should be furnished by the W. P. A. to suit the equipment as provided by the Highway Department.

District Engineer W. R. Hutenins re-ported on the request of the people of Tombstone as to keeping the old road open after the completion of the new road extending east from Tombstone, stating it is not intended to tear out any part of the old pavement except that part conflicting with the new construction, since there are quite a few small mines operating in this section that would use this old road rather than open gates

which the Department will have at certain intervals on the new construction. The Secretary was requested to forward a copy of the District Engineer's recommendation and report on this matter to the people of Tombstone.

NOVEMBER 18, 1937 After an executive session, the Commission reconvened in open session at 9:25 A. M., and it was regularly moved by Commissioner Scott, seconded by Commissioner Angle, and unanimously carried, that Mr. Howard S. Reed be selected as State Highway Engineer to serve at the will and pleasure of the Arizona State Highway Commission. Before putting the motion to a vote, Chairman Dowell stated in behalf of the Engineering corps of the Highway Department, he felt there are men in the organization who could fill the position of State Highway Engineer, in which statement other members of the Commission concurred. The Secretary was requested to call Mr. Reed and ask him to appear before the Commission. The Commission recessed and reconvened again at 9:45 A. M., all members present. Mr. Howard Reed was informed of his appointment and presented to members of the Commission, after which he expressed his appreciation of the action of the Commission. The Commission went into executive session. Convening in open session, the Commission adjourned at twelve o'clock noon to meet again subject to call.

Paul Bunyan in Arizona

Continued from Page 27) in wagering on the time required for a trip. With five pairs of skips operating continuously at full speed one can readily see that the rivalry between the different crews was intense. The skip operators took advantage of everything which made for speed, even going into

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training and making weight. Many of the Bunyan skip boys later became famous jockeys. The fastest all-time record was made by a lad named Nick. One morning, just before Repeal repeal of the Law of Gravity-a trammer on the 4000-level who had lost a bet on Nick, gave him a nine-bell signal. Nick started right down after him. So impatient was he, that at about the 200 he deliberately snapped the cable by jerking the cage. From there on down he really travelled. Four thousand miles straight down and all clear below. He was going so fast that the friction burned out several hundred miles of guides, thus giving rise to the expression "burning up the track." He came to a gentle stop on the bottom due to the lack of gravity. He is reported to have made the trip in a few seconds less than nothing flat.

We have heard that Nick is still in Arizona, working for the Highway Department. Now this is a little steep. We can scarcely believe that it is the same Nick who made the record in the Bunyan Derby, on account of the ex-treme antiquity of that event. However, stranger things than that have happened in Bunyan lore, and skepticism has long since ceased to be a virtue with us. In the event that it is true we will hazard the opinion that Nick's reminisc-ences of his riding days under the Bun-yan colors are wholly pleasant. The betting eventually became a ser-ious problem. It developed to the point where the miners started drawing down on the pay roll, so the Lost Dutchman issued an order prohibiting gambling in any form. Now this was a mistake as will soon be shown. The shift-bosses began to permit gambling, for a "con-sideration" which gradually increased until the pay-off was tremendous and was known as the "share-off." The "share-offs" or sheriffs operated without res-traint until the whole unsavory mess came to Paul's attention. Now Paul was not a morals builder-upper, but he did have a lot of plain horse sense. He recognized that the Law of Gravity could be legislated out of existence. Perhaps he admitted that the Law of Supply and Demand might be tinkered with, which has since been attempted. But he was certainly not so naive as to kid himself into believing that Prohibition could be legislated into the essence of all Intemperance, the three G's-Grog, Gals and Gambling. He, therefore, in-stituted a system of license and taxа-tion which was synonomous with Com-plete Control. In this manner, no con-straint was placed upon the person who did not care to indulge, whereas those who did, paid for the privilege at in-creased cost. The tendency, obviously, was to minimize indulgence. It has been said that the professional lifter-uppers cannot see the justice and logic of his argument. We often wonder if Paul Bunyan was not nearer the truth when he said that the difficulty lies, rather, in the failure of the "rest of us" to see the axe which they are grinding.

JANUARY, 1938 Murder on the Far Horizon

(Continued from Page 24) referred to as the father of Phoenix-bobs up again, this time as a witness for Willis, but the nature of the testimony is not revealed in the pages of this quaint old record. On page 147, it is observed, a true bill of indictment was found May 8, 1873 (indicating that Willis had remained in jail, awaiting trial, for five months), in which document the defendant was charged with murder. Being brought into court, the defendant is found to have no counsel, so J. E. McCaffry is appointed as his attorney, and the trial begins. The indictment is read and the defend-ant is asked by the court whether he is guilty or not guilty. Through counsel, he asks for time in which to reply, and the prayer is granted. Several days later, on May 15th, the defendant pleads not guilty, and asks for further time to prepare for trial and to ascertain if his witnesses will be in attendance. Those witnesses included Jack Swilling and his wife, Trinidad; Thomas MeWilliams, J. B. McKinnie, and H. M. Hewitt. The request is denied and the selection of jurors begins.

From the next few lines in the record, today's casual reader might well conclude that the defendant, Willis, was largely convicted before that trial began, sixtythree years ago. At this point the document reads: "There not appearing a sufficient num-ber of disinterested jurors free from bias and exception to complete the venire for trial jurors, it is ordered that the sheriff return a sufficent number of talesmenspelled in the Journal 'talliesmen'-to fill the trial jury, and in due time the sheriff makes return of such veniremen. Being unable to complete the jury on this day and it becoming late, this case is continued until tomorrow at 10 o'clock A. M. It is ordered that the sheriff return further talliesmen tomorrow."

ARIZONA HIGHWAYS

The same condition obtains the next day, and Judge John Titus continues the case one day while the sheriff goes forth with greater efforts to find a further number of prospective jurors.

Eventually a full panel of jurors is agreed upon by opposing counsel, the case of the Territotry of Arizona versus John Willis proceeds and comes to a rapid climax when the jury finds him guilty of murder as charged. On May 27, 1873, the defendant is sentenced to be hanged.

Various efforts seem to have been made by Willis's counsel to stay the execution, but it is a reasonable assumption that such efforts were not successful. From the frontier press it is learned that John Willis was taken from his cell, August 8, 1873, and hanged by Vigilantes in the old Pima county courthouse yard, "at a point where the yard adjoined the feed corral of R. N. (Bob) Leatherwood," who, twenty years later, was to become a sheriff of Pima county. The sheriff at the time of Willis's execution was William S. Oury.

The next homicide recorded in the Journal is that of a true bill indictment which was found March 8, 1873, charging John Burt with the crime of murder. Nine days later, it is learned on page 158, that James E. McCaffry again appears as counsel, and through him a plea of not guilty is entered.

A parade of witnesses for the prosecution began, among whom were Dr. J. C. Handy, himself later shot to death on the streets of Tucson by an attorney for whom he had "gone a-gunning," Fredrick Marsh, and C. H. Meyers, for whom Meyers street was named.

In the following days of the trial, other witnesses were introduced, which included such well-known pioneers as Pete Kitchen, Richard Waffenden, Solomon Warner, and Sheriff William S. Oury.

L. S. Hughes, Esq., then publisher of the Arizona Daily Star, was the district attorney, and seems to have been making considerable headway with his case, when the defense discovered a technical flaw in the indictment, wherein Burt was charged with the murder "of one Jose Miranda by mortally wounding him with a pistol at Tucson in the said County of Pima on the 25th day of December last," whereas, it is pointed out, the deceased was not Jose Miranda but Jesus Miranda -admittedly the same person, but nonethe-less a technical error.

However, the witnesses examined provided the defense with more comfort than that implied in the aforementioned flaw in the indictment. Bright rays of sunshine began to penetrate this dark record of frontier homicides when the jury expressed its sentiments, in part, in the following language: "We, the jurors . . . present this our special verdict, in which the statements made by us are the conclusions of facts as deduced from the proofs laid before us . . . that said mortal wounding was not done with malice, nor with anger nor passion, nor with intent to kill the said Jesus Miranda nor with any other unlawful intention, but it was done to save the life of an old man, whose name is to the jurors unknown, who was then lying on the ground insensible and apparently dead, whom the said Jesus Miranda had knocked down by a blow or blows on the head and whom he was then beating with a large club . . . and that the defendant warned and requested the said Jesus Miranda not to kill the said old man before he inflicted on him the mortal wound."

The jury then returns it final verdict of "not guilty," and John Burt is ordered released from custody.

Tolleson, 10 miles west of Phoenix, was named for its founder. The last town in Maricopa County to be incorporated.

Maricopa County has 82,752 miles of telephone and telegraph lines.

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