TK IC-NRLF H4- EfiS DOCUMENTS DEPT. OF THE UNIVERSITY OF OOOUMENTb OUTLINE of v Executive and Legislative History of [ARKANSAS Special Edition Printed for Distribution BY THE ARKANSAS HISTORY COMMISSION CALVERT-McBRiDE PRINTING CO.. FT. SMITH, ARK. OUTLINE OF EXECUTIVE AND LEGISLATIVE HISTORY OF ARKANSAS BY DALLAS T. HERNDON Special Edition Printed for Distribution BY THE ARKANSAS HISTORY COMMISSION DOCUMENTS m DOCUMENTS DEPT. Copyright, 1922 By DALLAS T. HERNDON GEORGE BULLIT JUDGE, 1814-1819 Congress, in an Act approved by President James Madison, January 27, 1814, made special and exceptional provision for the establishment and maintenance of civil government in what is now the State of Arkansas. This Act of 1814 provided for the appointment of "an additional'' judge for the Territory of Missouri, who, as the chief judicial and administrative officer in and for that part of Missouri "within the limits of the late district of Arkansas, as fixed and established while the same was a part of the territory of Louisiana," was required by law to reside "at or near the village of Arkansas." George Bullit, whom the President appointed to the office thus created, was a lawyer of Ste. Genevieve county, Missouri. Elected November 9, 1812, a member of the first house of representatives of Missouri, he had been chosen speaker at the second session of the first Gen- eral Assembly in December, 1813. He removed, soon after his appointment as judge of the district of Arkansas, with his family to Arkansas Post. There he continued in office until 1819, when the Territory of Arkansas was created. By an Act approved December 13, 1813, the first General Assembly of Missouri had created the county of Arkansas, out of what had been, since 1806, the district of Arkansas. Subsequently, the legislature of Mis- souri divided Arkansas county, forming the county of Lawrence January 15, 1815; and the counties of Clark, Hempstead and Pulaski by a single Act approved December 15, 1818. During the five years of his judicial services, Judge Bullit held court reg- ularly, "two terms in each and every year," in and for the dis- trict embraced by the five counties of Arkansas, Lawrence, Clark, Hempstead and Pulaski, arid otherwise effectually organized affairs of civil government in each. Thus, when in 1819 the Territory of Arkansas was established, as a result of the work of Judge Bullit, Arkansas began its separate political existence with all the necessary machinery of local government already in operation. OUTLINE OF EXECUTIVE ROBERT CRITTENDEN ACTING GOVERNOR, JULY 4 DECEMBER 26, 1819 President James Monroe, on March 3, 1819, the day after he had approved the Act creating the Territory, appointed Gen- eral James Miller, of New Hampshire, governor of Arkansas. On the same day, he appointed also Robert Crittenden, of Ken- tucky, secretary of the new Territory. Not many days later the President appointed as judges of the Superior Court Charles Jouett, of Michigan, Robert P. Letcher, of Kentucky, and Andrew Scott, of Missouri. Judge Scott, whose home was at Potosi, Missouri, was the first of the territorial officials to arrive at Arkansas Post. Crittenden and Letcher arrived in the latter part of June. The fourth of July, 1819, was the day named by Congress in the organic Act for the said Act to take effect. Ac- cordingly, on Independence Day, the territorial government was put in operation by Robert Crittenden, who, according to law, became the acting governor in the absence of Governor Miller. Born January 1, 1797, Crittenden was only twenty-two and a half years of age when he assumed the duties of the governor- ship of Arkansas. He was a native of Woodford county, Ken- tucky ; was the son of John Crittenden, a Kentucky pioneer from Virginia, who had been a major in the Continental Army of the American Revolution. Robert was a younger brother of John J. Crittenden, who became a distinguished national figure. In 1814 Robert had entered the army as an ensign ; served until June, 1815, when he was discharged with rank of lieutenant. He then began the study of law. In 1817-1818 he served under General Andrew Jackson as captain of a company of Kentucky volun- teers in the Seminole war. He was admitted to the bar in 1818, shortly after he became of age. He held the office of territorial secretary in Arkansas nearly ten years, until the spring of 1829. During those years he was acting governor on numerous occa- sions, sometimes for periods of several months at a time, o\\ ing to the absence from the Territory first of Governor Miller and afterwards of Governor George Izard. Crittenden was married October 1, 1822. to Ann Innes Morris, of Frankfort, Kentucky. After his retirement from the office of territorial secretary, he contined to reside at Little Rock, where he became the leader of a political faction which later formed the nucleus of the \\1ug party in Arkansas. In 1833 he was defeated by Ambrose TT AND LEGISLATIVE HISTORY Sevier almost two to one as a candidate for the office of terri- torial delegate to Congress. He died December 18, 1834, at Vicksburg, Mississippi, whither he had gone to attend to some legal matter in connection with the practice of his profession. Upon assuming the duties of the governor's office in July, 1819, Crittenden issued a proclamation calling a session of the territorial legislature at Arkansas Post for July 28, 1819. The only other act of any real importance performed by him during the nearly six months that he was acting governor, before Gov- ernor Miller arrived, was the calling of a general election for November 20. 1819. At this first election five members of a legislative council one from each of the five organized counties and nine members of a house of representatives were elected, besides a territorial delegate to Congress. In authorizing the selection by popular vote of the members of a legislative council, Crittenden overreached his authority. The law which prescribed the mode of government for the Territory, as then constituted, plainly provided that the people should elect by popular choice a house of representatives ; the members of this house should then meet, at such time as the governor should appoint, select the names of eighteen persons whom they deemed qualified for the office of councilmen and forward the whole list of those so nominated to the President of the United States. Upon receiv- ing such a list of nominations, it was the duty of the President to appoint nine of the same to be members of the council. Whether Crittendeirs error was due to ignorance or imprudence is uncertain. Rut, at all events, owing to the good sense and prudent statesmanship of Governor Miller, Congress was in- duced to pass a special Act, which the President approved April 21, 1820, making the election of the councilmen, in the manner authorized by Crittenden, legal after the fact in April after the election in November. Thus Arkansas was raised from a Ter- ritory of the first grade one with a legislative council whose members were to be appointed by the President to a Territory of the second grade, in which members of both branches of the territorial legislature were elected by the people themselves. First Legislature The first legislature, unlike any of the legislatures of Arkan- sas since, was composed of the governor and the three judges 8 OUTI. INK <)] EXECUTIVE: of the Superior Court. It held but one short session, from July 28 until August 3, 1819, and sat at Arkansas Post, then the tem- porary seat of the territorial government. Robert Crittenden, acting governor in the absence of Governor Miller, Charles Jouett, Robert Letcher and Andrew Scott, the latter as judges of the Superior Court, were the four members. Of the several Acts passed by them in the capacity of a lawmaking body, the following were the most important: (1) An Act declaring in force "all the laws and parts -of laws now in existence in the Territory of Missouri, which are of a general and not of a local nature", etc.; (2) An Act dividing the Teritory into two judi- cial circuits and providing for the appointment of a circuit judge of each; (3) An Act creating the offices of territorial auditor and territorial treasurer; (4) An Act making appropriations to pay the expenses of the territorial government. AND LEGISLATIVE II I STORY i9 JAMES MILLER GOVERNOR, MARCH 3, 1819 DECEMBER 1 (?), 1824 Appointed governor of Arkansas March 3, 1819, General James Miller did not assume the duties of chief executive of the new Territory until December 26, following ; which was Sun- day, and the day of his arrival at Arkansas Post. Appointed for a term of three years and reappointed to a second term in March, 1822, he served out all but a few months of the latter, resigning late in- the year 1824. Miller has sometimes received but scant and gruding credit for the highly meritorious public services which he performed as governor of Arkansas. The explanation is to be found, in part, no doubt, in the exaggerated notion which tradition has created of the statesmanship of Robert Crittenden. As a mat- ter of fact, Grittenden and such a statement of the case against him is putting the best face possible upon the unimpeachable record of his public career seems to have possessed the unhappy faculty of mismanaging nearly everything that he touched, when acting upon his own initiative. His conduct of affairs on sundry occasions was a source of embarrassment to both Governor Miller and Governor Izard, not to mention the bitterness and vulgar personalities of the politics of Arkansas of his time, of which he, oftener than not, was the chief and the wilful author. James Miller was born at Peterborough, New Hampshire, April 25, 1776. He chose the army for his profession, entering before he was of age. In 1808 he was commissioned major of the Fourth Infantry of the regular army. Soon after the break- ing out of the War of 1812 he was promoted to lieutenant-colonel of the Twenty-first Connecticut Volunteers. His regiment formed part of the command of General Ripley, former colonel of the regiment. At the battle of Lundy's Lane on July 25, 1814, a British battery occupied an eminence and its fire was causing serious havoc in the American ranks. Pointing to the battery, General Ripley asked Colonel Miller if he could silence the guns. Miller saluted and quietly responded: "I'll try, sir." Communi- cating the order to his subordinate officers, Colonel Miller placed himself at the head of his regiment, which advanced steadily up the slope until close to the battery, when the order to charge was given. With a cheer, the men of the Twenty-first rushed 10 OUTLINE. OF EXECUTIVE forward with fixed bayonets and before the, astounded Britons could regain control of their senses their guns were in the hands of the victorious Americans. Miller's words, "I'll try, sir," be- came historic and were printed on the badges worn by the regi- ment. On November 3, 1814, Congress voted him a gold medal and the war department promoted him to the rank of brigadier- general for distinguished services at Lundy's Lane and upon sundry other occasions. President James Monroe appointed him collector of the port of Salem, Massachusetts, in the fall of 1824, which position he resigned the governorship of Arkansas to accept. When Andrew Jackson became President of the United States in 1829, an effort was made to have Miller removed. Thomas H. Benton explained to Jackson that Miller was the hero of Lundy's Lane, whereupon Jackson turned to his secretary and said : ''Colonel Donelson, write to General Miller that he shall remain collector of the port of Salem as long as Andrew Jackson is President." General Miller died at Temple, New Hampshire, July 7, 1851, in the seventy-sixth year of his age. As already pointed out, Governor Miller did not arrive in Arkansas and take up the duties of his office until nearly six months after the organic Act, the Act by which the new Ter- ritory was created, had become effective. But on Dece nber 25, 1819, the Arkansas Gazette announced: "A report is in circu- lation here that Governor Miller passed the mouth of the White River, a few days ago, in a keelboat. If this report be true, he is probably now in the Arkansas and will be up in a day or two." The "keelboat" thus mentioned was the barge "Arkansaw," winch had been fitted up at Pittsburgh by the United States for the Governor's voyage down the Ohio and Mississippi rivers and up the Arkansas to Arkansas Post. Though the Gazette made no mention of the matter, manifestly there were some who were disposed to censure Miller for the tardiness of his arrival. In- deed there is still a tradition to the effect that he preferred the receptions given him by the people along the route of his journey to the exactions of his various executive duties. That his fame as the hero of Lundy's Lane had preceded him and that at each of the principal towns and cities Wheeling, Cincinnati, Louis- ville, -and others he was given a cordial welcome, there can be no doubt. In those places there were veterans of the War of 1812, who wanted to grasp the hand of the man who had -so AND LEGISLATIVE HISTORY 11 effectually silenced an enemy's guns. General Miller's reply of "I'll try, sir," to his commander, became universally popular. If a man asked a comrade to take a drink in honor of General Miller, the answer came back promptly, "I'll try, sir," and on such occasions the trial was always crowned with as much suc- cess as General Miller's charge on the British battery. But there were far more serious and important reasons for his delay. For one thing, his commission as governor was sent by mistake to Arkansas Post, instead of to New Hampshire. The error was not corrected until May 29, 1819, only a little more than a month before the territorial government was to go into operation. Some time was necessary for him to resign his commission in the army, settle up his affairs and make provision for his family during his absence. Again, it was necessary for him to go to Washington, where he was detained for several days in obtaining an order on the ordnance officer at Pittsburgh for the arms and ammunition for the militia of the territory. At Pittsburgh he was compelled to wait for more than a week before his barge was equipped for the voyage. On Sunday, December 26, 1819, when the news* had spread that the Governor's barge was coming up the river, the citizens abandoned their domestic chores and church services to gather at the landing. It was a red-letter day in the annals of Arkansas Post. As the barge approached it was noticed that the name "Arkansaw" was emblazoned on each side of the cabin in gilt letters. From the staff at the prow floated the national ensign. On one of the white stripes was the name "Arkansaw," and below it was the now famous motto "I'll try, sir." Gathered in the sumptuously furnished cabin was Governor Miller, with his suite, waiting to disembark. The long, tedious voyage was ended. The Gazette, in its issue of January 1, 1821, said: "The gentlemen who compose the Governor's suite, to the number of twenty, are from different parts of the Union, and intend to make permanent settlements in this territory. While we notice with pleasure so great an acquisition to our society, we cannot forbear to mention, for the gratification of our female friends, the arrival of one lady in the company, the wife of Cap- tain Spencer, late of the United States Army. We cordially greet them all Bid them welcome to our land and sincerely 12 OUTLINE OF .EXECUTIVE hope that they may meet with all the encouragement their spirit and enterprise so richly deserve.''' First General Assembly At the election on November 20, 1819, as ordered by Robert Crittenden, the voters elected five members of a legislative council one from each organized county and nine members of a house of representatives. The councilman elected were: Arkansas county, Sylvanus Phillips; Clark, Jacob Barkman ; Hempstead, David Clark ; Lawrence, Edward McDonald ; Pulaski, John McElmurry. The several countie,s were repre- sented in the house as follows : Arkansas, William O. Allen and William B. R. Horner; Clark, Thomas Fish; Hempstead, John English and William Stevenson ; Lawrence, Joab Hardin and Joseph Hardin, Sr. ; Pulaski, Radford Ellis and Thomas H. Tindall. On December 29, 1819, Governor Miller issued his proclamation calling a special session of the General Assembly for the first Monday in February, 1820, to meet at Arkansas Post. Accordingly, the first legislature elected by the people con- vened February 7, 1820. The council organized by electing Edward McDonald president, and Richard Chamberlain clerk. William Stevenson was chosen speaker of the house and Jason Chamberlain, clerk. Stevenson resigned the day after his elec- tion and Joseph Hardin was elected to fill the vacancy. The two houses continued in session until February 24, when they adjourned to meet again on the first Monday in October, whiclr was October 2. This adjourned session lasted until October 25, 1820. In his message at the opening of the session in February, Governor Miller, in a well tempered manner, pointed out the error committed in the election of members of the legislative council by popular choice. As a remedy, he urged both houses to join in the adoption of a memorial to Congress respectfully requesting the passage of an Act making the election lawful. Despite Crittenden's determined and presumptious opposition, in which a majority of the members of the General Assembly were at first disposed to support him, Miller prevailed upon the mem- bers to follow his advice. At the session in October he began his message by saying: "I have the satisfaction to inform you that the difficulties which embarrassed the legislature at the AND LEGISLATIVE HISTORY 13 commencement of this session, in February last, produced 'by the doubts which arose as to the legality of the election of the legis- lative council, have been removed by the passage of a law of Congress sanctioning and legalizing the organization of the Ter- ritory in the second grade of government/' If Miller had done nothing else, the happy settlement which he caused to be made of this matter had proven his wisdom and worth. Besides the adoption of the memorial proposed by Go^v!rnor Miller, the Gen- eral Assembly, at its session in February, did but little that is significant. At the adjourned session in October, the most notable Act passed was that removing the seat of government to Little Rock, the Act to take effect June 1, 1821. Second General Assembly- Members of the second General Assembly were elected August 6, 1821. Those elected to the legislative council were: Arkan- sas county, Neil McLane ; Clark, Sam C. Roane ; Crawford, Tames Billingsley; Hempstead, Robert Andrews; Independence, Peyton Tucker; Lawrence, William Jones; Miller, Claiborne Wright; Phillips, Daniel Mooney; Pulaski, Benjamin Murphy. The members of the house were: Arkansas county, William Trimble; Clark, Thomas Fish; Crawford and Pulaski, Ed'iumd Hogan ; Hempstead, John Wilson; Independence, Robert Bean; Lawrence, John Hines and Jesse James ; Miller, Stephen R. Wil- son; Phillips, W'illiam B. R. Llorner. They met in regular ses- sion October 1, 1821, at Little Rock. Sam C. Roane was elected president of the legislative council ; Richard Searcy, secretary. William Trimble was elected speaker of the house of repre- sentatives ; Ambrose H. Sevier, clerk. The laws passed were, for the most part, measures of local character. The most im- portant Act of the session, perhaps, was that changing the man- ner of voting at general elections from ballot to Viva voce. On account of the absences of Governor Miller, who had gone to New Hampshire on business, Robert Crittenden was acting gov- ernor during the session, which adjourned October 24, 1821. The meetings were held in a house erected "for the reception" of the General Asembly by those who claimed possession of the land upon which the site of the town was then laid off, the "pro- prietors" having agreed to furnish such a house as an inducement to secure the location of the seat of government at Little Rock. 14 OUTLINE OF EXECUTIVE The house, a cheap frame building of one story and two rooms, was situated on the block of ground bounded by Main and Scott streets and what are now Fifth and Sixth streets. Third General Assembly Members of the third General Assembly were elected August 4, 1823. Those elected to the legislative council were : Arkansas county, Andrew Latting; Clark, Samuel C. Roane; Crawford, John McLean ; Hempstead, Matthew Scobey ; Independence, Townsend Dickinson ; Lawrence, William Humphreys ; Miller, Elijah Carter; Phillips, Daniel Mooney; Pulaski, Thomas Matthews. The members of the house of representatives were: Arkansas county, Terence Farrelly ; Clark, Henry L. Biscoe ; Crawford, John Nicks ; Hempstead, John Wilson ; Independence, Robert Bean ; Lawrence, Thomas Culp ; Miller, Joshua Ewing ; Phillips, William B. R. Horner; Pulaski, Ambrose H. Sevier. They met in regular session October 6, 1823. Sam C. Roane was elected president of the legislative council ; Thomas W. Newton, secretary; Terence Farrelly was speaker of the house of repre- sentatives ; David E. McKinney, clerk. The session lasted until October 31, 1823. A memorial to congress was adopted asking for an appropria- tion for a road from Memphis to Little Rock. Accordingly, Con- gress made its first appropriation for that purpose in 1824. The road thus begun was part of the system of military roads, which the United States eventually opened from Memphis to Fort Gib- son and from the Missouri Line to Red river. (See High Lights.) Not less important was the memorial protesting against the western boundary of Arkansas as proposed by the Choctaw treaty of 1820, which protest was effective in securing, in 1825, a new treaty and a satisfactory settlement of the boundary question from the Arkansas river south to Red river. (See High Lights.) In still another memorial the General Assembly prayed Congress for the establishment of certain military posts in the Indian country, as a protection to settlers against the Indians. Fear of attack by hostile Indians was then a really serious and disturbing matter. Though the United States Government had already established Fort Towson in the southwest and Fort Smith and Fort Gibson on the Arkansas river, the protection they afforded was deemed insufficient. Governor Miller was no doubt AND LEGISLATIVE HISTORY 15 in full sympathy with, if he did not actually advise, the adop- tion of such a memorial. For he had been at no little pains throughout his administration to perfect an organization of the territorial militia; had held many councils with the chiefs of the Cherokees, Choctaws and other tribes in. order to keep them paci- fied. It is likely enough that serious trouble with Indians, of which there was none of any great consequence, was only pre- vented by Miller's wisdom in treating with them, while he was preparing, as well, the militia for war in case it came to that. 16 O.UTLIXE OF EXECUTIVE GEORGE IZARD GOVERNOR, MARCH 4, 1825 NOVEMBER 22, 1828 As one of the very last acts of his administration, President James Monroe appointed General George Izard, on March 4, 1825, governor of Arkansas. After Governor Miller's resigna- tion in the latter part of 1824, and until Governor Izard arrived in May, 1825, Robert Crittenden was acting governor. George Izard, second governor of Arkansas Territory, was born October 21, 1776, at Richmond, in England, where his parents were then residing temporarily. The Izards, from whom he was descended, were of the first who settled in South Caro- lina. George was the son of Ralph, who was born near Charles- ton, South Carolina, in 1742; was educated in England, at Cam- bridge; was in London at the beginning of the Revoultionary War, whience he removed to France and was presently ap- pointed commission to Tuscany by the Continental Congress. His many important services during the Revolution were duly esteemed by South Carolina, as shown by his election to the United States Senate in 1789. He founded the College of Charles- ton. While Ralph Izard was in the Senate, and during the time that Congress sat in Philadelphia, he entered his son George in what is now the University of Pennsylvania. It was there that the latter graduated at the age of fifteen. Shortly after his graduation he was sent to London, in care of Thomas Pinckney, then minister to England, to attend the military schools of Europe. He first entered the Prince of Wales' Royal Military Academy at Kensington, but remained there only a short time. In September, 1792, he became a student in a military school at Marburg, Germany. His next school was the "Ecole du Genie." an institution for teaching the art of military engineering, located at Metz. While here he received a com- mission as lieutenant in the United States artillery and engineers, and in 1797 returned to America. The secretary of war placed him in charge of the construction of Castle Pinckney, in Charles- ton Harbor, as engineer. In 1799 he was promoted to captain and in 1802 was placed in command of the post at West Point. In April, 1803, he resigned his commission and retired to private life. Early in 1812, when war with England became imminent, AND LEGISLATIVE HISTORY 17 George Izard was commissioned colonel and placed in command of the Second Regiment of Artillery. The following year he was commissioned brigadier-general and in 1814 was promoted to major-general. Educated in foreign military schools, his "advanced ideas'' did not meet with the approbation of some of the American generals and toward the close of the year 1814 he retired from the; army. He then lived quietly with his family in Philadelphia until appointed governor of Arkansas Territory. In 1816 he published his official correspondence with the war department as a vindication of his management of the campaign on the Canadian frontier in 1814. On March 4, 1828, his three-year term having expired, Gov- ernor Izard was reappointed by President John Quincy Adams, but he did not live to complete his second term. His death occurred on Saturday, November 22, 1828, after an illness of about a month, following an attack of gout. He was buried- the, following Sunday, with the honors of war, in the old cemetery, where the Peabody public school was afterward built. When Mount Holly cemetery was established, in 1843, his remains were removed there and interred in the Ashley burial inclosure. An unpretentious marble slab, the inscription dimmed by time, marks his last resting place. Governor Izard had a hobby for collecting razors. .It is said that he would never accept any present from a friend except a razor. He brought with him to Little Rock seven razors one for each day in the week and would never shave with any except the one allotted to that particular day. A little while after his death two of his sons came to Arkansas to look after his property. The books composing his fine private library were boxed up for shipment and were lost in transit by the sinking of the steamer. Governor Izard, like his predecessor, Governor Miller, found the affairs of the Territory, upon his arrival at the seat of gov- ernment, sadly out of joint, owing to the mismanagement of Robert Crittenden, who had been acting governor since the resig- nation of Governor Miller. In a letter to the secretary of war, which he wrote soon after his arrival at Little Rock, he said: "The protracted absence of the secretary of this Territory leaves me in the dark respecting the measures adopted by him before 18 OUTLINE OF EXECUTIVE my arrival." He found, he said, "bills on New Orleans, payable to the order of R. Crittenden, Esq., Acting Governor, for $10,500, which of course cannot be negotiated. These funds are, I pre- sume, intended to meet the annuities and other payments which are, or soon will be, due the Indian tribes." Again, he com- plained that the sum of $3,000 in specie, intended for the Chero- kees, was "lodged at Mr. William Montgomery's at the mouth of White river," where it had been "for several months." The slipshod methods of Crittenden generally, in the management of affairs, were, to a man of Izard's military training, the occasion of much annoyance. Like Governor Miller, Izard recognized the possibilities of serious trouble with the Indians. Accordingly, he "applied him- self to the task of further perfecting the organization of the ter- ritorial militia and recommended that the United States establish an arsenal at Little Rock. It was largely due to his initiative and efforts that the last of the Indian tribes were induced to remove peaceably to their several reservations beyond the western boundary. Fourth General Assembly Members of the fourth General Assembly were elected Aug- ust 1, 1825. Those elected to the legislative council were: Arkan- sas county, .Hartley Harrington; Clark, Jacob Barkman ; Craw- ford, William Quarles; Hempstead, Daniel T. Witter; Indepen- dence, J. Jeffrey; Lawrence, J. M. M. Kuykendall ; Miller, Clai- borne Wright; Phillips, J. \V. Calvery; Pulaski, Alexander S. Walker. The members of the house were: Arkansas county, Williair. Montgomery ; Clark, John Callaway ; Crawford, John Nicks; Hempstead, John Wilson; Independence, Robert Bean; Lawrence, John Hines ; Miller, Aaron Hanscom ; Phillips, Henry L. Biscoe; Pulaski, Ambrose H. Sevier. They met in regular session October 3, 1825. The session lasted until November 3, following. Jacob Barkman was elected president of the legis- lative council ; Tlioma? W. Newton, secretary. Hobart Bean was speaker of the house ; David Barber, clerk. Perhaps the most significant general Act passed at this session was that in regard to the practice of duelling. It provided for the repeal of that part of an Act of October 23. 1820, entitled an Act to suppress the practice of duelling," which disqualified persons who engaged AND LEGISLATIVE HISTORY in a duel "from holding, or being elected to, any post or office of profit, trust or emolument, either civil or military," etc. The reason for such an Act of repeal lay in the fact that the law of 1820 could not be enforced, since there were then but few men of any standing in Arkansas who had not either fought a duel or approved of the practice, as a necessary means of self-protection upon occasions. Such men argued convincingly enough that gov- ernment in a pioneer country, such as Arkansas was then, was too weak and insecure to afford- the personal security which it was every man's right to secure for himself as best he might. Fifth General Assembly- Members of the fifth General Assembly were elected August 6, 1827. Those .elected to the legislative council were: Arkan- sas county, Terence Farrelly; Chicot, John Weir; Clark, Isaac Pennington ; Conway, Amost Kuykendall ; Crawford, John Dil- lard; Crittenden, George C. Barfield; Hempstead, Daniel T. Wit- ter; Independence, David Litchfield; Izard, Jacob Wolf; Law- rence, William Humphreys; Miller, John H. Fowler; Phillips, Edwin T. Clark; Pulaski, Edmund Hogan. Members of the house were ; Arkansas and Chicot. W r illiam Montgomery ; Clark, Joseph Hardin ; Conway and Pulaski, Ambrose H. Sevier ; Craw- ford, Mark Bean; Crittenden and Phillips, John Johnson ; Hemp- stead, John Wilson ; Independence and Izard, John Ringgold ; Lawrence, George S. Hudspeth ; Miller, James Clark. They met in regular sesion, October 1, 1827. Daniel T. Witter was elected president of the council ; Thomas W. Newton, secretary. Am- brose H. Sevier was speaker of the house ; Andrew Roans, clerk. The session adjourned October 31, 1827. It was at this session that the county of Lovely was formed. (See High Lights.) The fifth General Assembly held a special session from Octo- ber 6 until October 22, 1828. At this session, Ambrose H. Sevier, who had been elected delegate to Congress in December, 1827, to fill the vacancy caused by the death of Henry W. Conway (see High Lights), was succeeded by Edwin T. Clark, as president of the legislative council. Daniel T. Witter, who had been speaker of the house during regular session, and who had resigned his seat in the house, was succeeded by John Wilson as speaker. Congress, in April, 1828, passed an Act providing for the appointment of an additional judge of the Superior Court of the 20 OUTLINE OF EXECUTIVE Territory. This increase of the number of judges from three to four made it necessary for the General Assembly to reorganize the circuit courts, by the creation of a fourth circuit. Until then there had been but three judges of the Superior Court. These judges, sitting together at the seat of government, constituted a Superior Court, whose business it was to decide cases appealed from a lower court, in much the same way that cases now are disposed of by the State Supreme Court. But unlike the judges of the present Supreme Court, judges of the territorial Superior Court were required at other times to preside each over one of the circuit courts also. There was one other matter, as Governor Izard pointed out in his proclamation convening the special session of 1828, which called for immediate action on the part of the General Assembly. On May 28, 1828, the Senate of the United States had ratified a treaty with the Cherokee Indians, by which the greater part of the new county of Lovely was cut out of the Territory and ceded to the Cherokees. Accordingly, the county of Lovely was abolished and, out of that portion of Lovely which remained within the territorial boundaries, the county of Washington was formed (see High Lights). AND LEGISLATIVE HISTORY '21 JOHN POPE GOVERNOR, MARCH 9, 1829 MARCH 9, 1835 From the date of the death of Governor Izard until May 21, 1829, Robert Crittenden was again acting governor. Meantime, President John Quincy Adams in January, 1829, sent to the Sen- ate the nomination of Hutchings G. Burton, of North Carolina, for the governorship of Arkansas. A majority of the senators took the view that the appointment should be left to the incoming administration, and Mr. Burton's nomination was not. confirmed. Andrew Jackson was inaugurated President March 4, 1829, and on the 9th his appointment of John Pope, of Kentucky, as gov- ernor, was confirmed by the Senate. John Pope, the third territorial governor of Arkansas, was born in Prince William county, Virginia, in 1770. When he 'was about nine years old the family moved to Kentucky. John attended Doctor Priestly's school at Bardstown, Kentucky, and -while still in his teens had the misfortune to lose his right arrn in a fodder cutter. He then attended William and Mary's Col- lege at Williamsburg, Virginia, after which he took up the study of law. In 1794 he was admitted to the bar and began practice at Lexington, Kentucky. In 1800 he was one of the presidential electors on the Federalist ticket in Kentucky; was elected to the Legislature from Fayette county in 1802 and again in 1806, and in the latter year was elected United States senator. In the Sen- ate his colleague was Henry Clay. Mr. Pope opposed the decla- ration of war against England in 1812, which caused his defeat for re-election to the senate. He then resumed the practice of law at Lexington until 1816, when he was the Federalist candi- date for Congress against Henry Clay, who was elected. In 1819 he was appointed secretary of the State of Kentucky, Although a brother-in-law- of John Quincy Adams, he supported Andrew Jackson for the Presidency in 1824. From 1825 to 1829 he rep- resented Washington county in the state senate of Kentucky. He took an active part in the political campaign of 1828, can- vassing Kentucky and Virginia in the interest of Andrew Jack- son. On March 9, 1829, he was appointed governor of Arkansas Territory, as already stated. Governor Pope arrived at Little Rock -. on the last day. of May, 1829, and assumed the duties of his office. On the 24th 22 OUTLINE OF EXECUTIVE of June he embarked on the steamboat "Facility," to return to Kentucky for the purpose of bringing his family to Little Rock. He was the first of the territorial governors to establish his family in the Territory. In March, 1831, he was re-appointed for a term of four years, Congress, having added then, since 1829. a year to the term of territorial governors. Upon retiring from the office of governor, Pope returned to Kentucky. He was defeated for Congress in 1826 by Benjamin Hardin, but was elected in 1838 and twice re-elected, serving three consecutive terms. In 1844 he visited Arkansas on busi- ness, went from there to his home in Washington county, Ken- tucky, where he died July 12, 1845. Arkansas has never had a more enterprising and constructive administration than that of Governor Pope. In his first mes- sage to the General Assembly, delivered October 13, 1829, he laid the foundation for what may be properly called "the era of inter- nal improvements in Arkansas Territory." In that message he stressed the importance of improving the military road from Memphis to Little Rock and of opening other military and post roads. For such enterprises, he said, the Federal government would provide ample funds, if assured "that the funds given will be faithfully applied." The Territory, he said, was sadly in need of permanent and appropriate buildings for the accommodation of its General Assembly, Superior Court, "and other public officers connected with the administration of the government." "If applied to, Congress will, I have no doube," he added, "appro- priate a portion of the public lands for this purpose." That these and other constructive enterprises were realized during his term of office was largely owing to his initiative and prudent management. Sixth General Assembly Members of the sixth General Assembly were elected August 3, 1829. Those elected to the legislative council were : Arkansas county, Terence Farrelly ; Chicot, John Weir ; Clark, David Fish ; Conway, Amos Kuykendall ; Crawford, Gilbert Marshall ; Crit- tenden, George C. Barfield ; Hempstead, George Hill ; Indepen- dence, Aaron Gillett ; Izard, Jacob Wolf ; Lafayette, Jesse Doug- las ; Lawrence, Coleman Stubblefield ; Miller, George F. Lawton ; AND LEGISLATIVE HISTORY 23 Phillips, Fleetwood Hanks; Pulaski, Charles Caldwell ; St. Fran- cis, John Johnson; Sevier, Benjamin Patton ; Washington, James Billingsley. Members of the house were : Arkansas county, William Montgomery; Chicot, Benjamin L. Miles; Clark, John Speer and Joseph Hardin ; Conway, Thomas Mathers; Craw- lord, Mark Bean, Jesse L. Cravens and Richard C. S. Brown; Crittenden, William D. Ferguson; Hempstead, John Wilson and Elijah King; Independence, Caleb S. Manly and Charles Mc- Arthur ; Izard, Robert Livingston ; Lafayette, James Burnside ; Lawrence, George S. Hudspeth and John Rodney; Miller and Sevier, James Clark ; Phillips, Edwin T. Clark ; Pulaski, Whar- ton Rector and Alexander S. Walker; St. Francis, Wright W. Elliott ; Washington, John Alexander. The members met in regular session October 5, 1829. Charles Caldwell was elected president of the council ; John Caldwell, secretary. John Wilson was speaker of the house ; Daniel Ringo, clerk. The session lasted until November 21, 1829. A majority of this General Assembly accepted with hearty enthusiasm the leadership of Governor Pope. The constructive measures which he proposed they endorsed by the adoption of appropriate memorials to Congress. Congress was memorialized for an appropriation for the erection of public buildings and a residence for the governor. Appropriations for the construction of roads were also asked for, to-wit: (1) For the completion of the military road between Little Rock and Memphis; (2) For a road from Helena to intersect the military road at the most suitable point; (3) For a road from Strong's, on the St. Francis river, to Litchfield, on the White river; (4) For a road from Point Chicot to Washington, the county seat of Hempstead county; (5) For a road from Little Rock to Villemont, Chicot county; (6) For a road from Booneville, Missouri, to the Arkan- sas river, via Fayetteville. Seventh General Assembly- Members of the seventh General Assembly were elected August 1, 1831. Those elected to the legislative council were: Arkansas county, Terence Farrelly ; Chicot, William B. Patton; Clark, Moses Collins; Conway, Reuben J. Blount; Crawford, Robert Sinclair ; Crittenden, Edmund H. Bridges ; Hempstead, Daniel T. Witter ; Hot Spring, John \Vells ; Independence, James 24 OUTLINE OF EXECUTIVE Boswell; Izarcl, Jacob Wolf; Jackson, Rowland Tidwell; Jeffer- son, William P.. Hackett; Lafayette, Jesse Douglas; Lawrence, David Orr; Miller, Nathan G. Crittenden; Monroe, William Ingram; Phillips, James H. McKenzie; Pope, Isaac Hughes Pulaski, Charles Caldwell ; St. Francis, Green B. Lincecum Sevier, Benjamin H. G. Hartfield; Union, Isaac Pennington Washington, Robert McCamy. Members of the house were Arkansas county, Harold Stillwell ; Chicot, John Gibson ; Clark, .John Wilson; Conway and Hot Spring, Nimrod Menefee; Craw- ford, .Richard C. S. Brown and Charles Wolf; Crittenden, James Livingston; Hempstead, Thomas W .Scott and William Trim- "ble; Independence and Jackson, Morgan Magness and Caleb S. Manley ; Izard, Frederick Talbot ; Jefferson, Nehemiah Holland ; Lafayette and Union, James S. Conway; Lawrence, George S. Hudspeth and Rol)ert Smith, Jr.; Miller and Sevier, John Clark; Monroe and St. Francis, Samuel Fil.lingim and John W. Cal- vert; Phillips. Fleetwood Hanks; Pope, Andrew Scott; Pulaski, Samuel M. Rutherford and Peter B. Crutchfield ; Washington, James Pope and Abraham Whinnery. They met in regular ses- sion October 3, 1833. Charles Caldwell was elected president of the council ; Absalom Fowler, secretary. William Trimble was speaker of the house; G. W. Ferebee, clerk. The session lasted until November 7, 1831. This was the "stormiest" legislative session in the history of Arkansas Territory. A majority of its members were of that political faction which followed the leadership of Robert Crit- tenden. And Crittenden was resolved now at any cost to defeat and discredit the policies of Pope's administration. In order to compass that aim, he had visited, during the campaign, many of the counties, aiding in every way possible the election of candi- dates to the General Assembly who, in return for his help, pledged themselves to support him in his sinister political designs. Crittenden was a clever politician. Nor did he scruple at the use of all the cleverness he possessed now in the efforts he was making to lay the foundation of his own financial and political fortunes. LIpon his retirement from the secretaryship of the Territory in 1829, he had begun to lay plans which, as he hoped, would enable him eventually to effect his own election as dele- gate to Congress. As part of those plans, he was instrumental in the establishment at Little Rock of another newspaper, the AND LEGISLATIVE HISTORY 25 Arkansas Advocate. The first issue of the Advocate appeared on March 31, 1830. Charles P. Bertrand, the editor in name, left it to Crittenden to shape the political policies of the paper. Accordingly, through its columns, Governor Pope and all his works were either discounted or discredited upon all occasions. And thus did the Advocate render no little assistance to Crit- tenden in the feverish efforts that he made during the summer of 183.1 in behalf of his own political friends who sought elec- tion to the General Assembly of that year. The election, though a victory for Crittenden, was in reality but the opening skirmish of other political battles, yet to come ; which, if they succeeded also, seemed to promise success in 1833 to Crittenden's aspirations to go to Congress. But besides the congressional election to be won, Crittenden was sadly in need of money. In 1827 he built himself a residence, which, as com- pared with other houses in Arkansas of that day, was- something -of a mansion. Crittenden's house was built of brick; was one of the first of the sort in all the Territory. Because of its pre- tentiousness, the house was often referred to as the "Big House," by those, of course, who disliked its owner. The outlay of funds for this mansipn, his loss of the secretaryship of the Ter- ritory, the founding of his newspaper and what not had proven, it seems, too great a drain upon his financial resources. Now, meanwhile, Governor Pope had been busy, pushing the enterprises which he had promised in 1829 it should be the policy of his administration to put through. And so successful had he been, with the able assistance of the then delegate to Con- gress. Ambrose H. Sevier, that Congress passed, and President Jackson approved on March 2, 1831, an Act granting Arkansas ten sections of land with which to erect the public buildings which Governor Pope had said ought to be. Also, this Act of Congress left it for the General Assembly to say when and how the gift of land should be selected, and how and to whom it should be sold. And in the latter provision of the Act Critten- den saw, or thought he did, the means of escape from his own private financial difficulties. For, if only he might control the General Assembly, then he could get possession of the ten sec- tions of land upon terms of his own choosing. Thus, when the General Assembly met, almost before the members had com- pleted the organization of the two houses, Crittenden's offer for 26 OUTLINE OF EXECUTIVE the land was received; which was an offer to give in exchange for the whole ten sections his "Big House" and "the office and other buildings and appurtenances thereto annexed." Where- upon, and without any undue loss of time, Crittenden's friends in the General Assembly did as they were told passed an Act accepting his ''proposition" quite as he had made it. Naturally, Governor Pope as promptly vetoed the measure naturally, because, as was shortly proven, the ten sections were worth not less than five times the value of Crittenden's house and "the appurtenances thereto annexed." . After failing in their efforts to override the governor's veto, the General Assembly did precious little during the rest of the session but fight among themselves and denounce Governor Pope. One other incident of this "stormiest" of legislative sessions left its impress upon affairs in no uncertain manner. For one thing, it made doubly certain the defeat of Crittenden's can- didacy for Congress in 1833. And, what was of much more importance, it disarmed and, as it were, pointed the finger of ridi- cule at the self-seeking opposition which sought throughout his administration to thwart the plans of Governor Pope to erect the very public building which, for three-quarters of a century, served the people of Arkansas well as the state's capitol (the old State House). The incident, which manifestly helped to effect these things, grew out of a story which appeared in the Arkansas Gazette of September 28, 1831, that is, only five days before the General Assembly met. The writer, who, of course, was anonymous, said : !'A few evenings since, as I was rambling through one of the back streets in this town, I overheard two gentlemen in close conversation, about how they should manage the members of the legislature on their arrival. The voice of one I recognized to be that of my old friend, the Cardinal (Robert Crittenden was called the Cardinal Wolsey of Arkansas). The other was a stranger to me and had only been a few days in the town. The Cardinal appeared to do the principal part of the talking, while the other listened with the greatest attention. The Cardinal addressed his friend, and said: 1 'You know that my whole object is to promote the interest of my friends, and their interest must be promoted no matter by AND LEGISLATIVE HISTORY 27 what means. I have long since given way to the maxim "the end justifies the means" so that we accomplish our ends, no matter what means we use in doing it. It is all-important to the welfare of our party that the Advocate should be sustained and kept in existence for another year; and in order to do that, Bertrand must be elected public printer. In that event, he will be able to pay the debt contracted in Cincinnati for the purchase of his press and types (here the speaker lowered his voice and appeared to be very much in earnest), which purchase was made on the strength of a letter of recommendation from me, thereby making me legally and morally bound for the debt, which has been sent to that worst of all my enemies, Ashley, for collection. " 'It must be your business to see the members as they come in and give them my views in relation to this matter and impress on their minds the necessity of forwarding our views * * * Yon must not suffer a member to set his foot in any man's house until I can see him, for I assure you that I have thirty first-rate Kentucky hams, and wine, brandy and whiskey in proportion, and I will feed and feast the members until I can manage them to suit my own purposes. I know the greater part of them well, and 1 know that a good dinner and a good glass of grog will do wonders. I have often tried it and always found it had the desired effect.' " When this story by 'Timothy Catchem," as the author signed himself, first appeared, it created, at most, but a mild sensation. Indeed the story, no doubt, had been soon forgotten but for the passage of the Act to dispose of the state-house lands ; which Act, as the editor of the Gazette said, might quite properly have been entitled "An Act for the benefit of Mr. Robert Crittenden." Then it was, following the acceptance and veto of the Critten- den offer, that the fame of the story told by "Timothy Catchem" spread everywhere. Immediately,, aJl those members of the General Asembly who had voted for the Crittenden measure were christened the "Canvass-ham Party" a name which was not soon forgotten. It stamped the opposition to Pope as con- temptible. As for Crittenden, the effect upon his political aspi- ration was fatal. Eighth General Assembly Members of the eighth General Assembly were elected Aug- ust 5, 1833. Those elected to the legislative council were: Arkan- 28 OUTLINE OF EXECUTIVE sas county, Terence Farrelly ; Chicot, Thomas Anderson ; Clark, Asa Thompson ; Conway, Amos Kilykendall ; Crawford, Robert Sinclair; Crittenden, Wright W. Elliott; Hempstead, James W. Judkins ; Hot Spring, John T. X- Callaway ; Independence, James Boswell ; Izard, Jacob Wolf ; Jackson, Rowland Tidwell ; Jeffer- son, James H. Caldwell ; Lafayette, George G. Duty; Lawrence, Thompson H. Ficklin ; Miller, James Clark; Monroe, Lafayette Jones; Phillips, William F. Moore; Pope, John Williamson ; Pulaski, Allen Martin; St. Francis, Carnes H. Alexander; Sevier, Joseph W. M. Hare ; Union, .Hiram Smith; Washington, Mark Bean. Members of the house were: Arkansas county, Harold Stillwell; Chicot and Union, Thomas J. Thurmond; Clark, John Wilson; Conway, Jesse C. Roberts;. Crawford, Bennett H. Mar- tin and William Whitson ; Crittenden, not represented; Hemp- stead; William Shaw and Hewitt Burt ; Hot Spring and Sevier, John Clark ; Independence, Morgan Magness and Peyton Tucker ; Izard, Hugh Tinnin ; Jackson, St. Francis and Monroe, John C. Saylor and John Hill ; Jefferson, Ignace Bogy ; Lafayette and Miller, Jacob Buzzard; Lawrence, John B. Hammond and George S. Hudspeth ; Phillips, Millendcr Hunks; Pope. Wesley Gur- rett; Pulaski, Samuel M. Rutherford and Richard C. Byrd ; Washington, John Alexander, John B. Dixon, James Burnside and John Reagan. They met in regular session October 7, 1833. John Williamson was elected president of the council ; William F. Youmans, secretary. John Wilson was speaker of the house ; James B. Keatts, clerk. The session lasted until November 7, 1833. The eighth General Assembly was the last legislature of Pope's, administration. Unlike the session of 1831, a majority of the members supported without question the policies of the Governor. It was at his suggestion that an Act was passed pro- viding for the selection of the school lands the sixteenth sec- tion of every township which Congress had set aside for the support of free schools, in an Act approved by the President of the United States May 20, 1826 (see High Lights). Another Act, for which Pope was responsible, authorized the territorial treasurer to loan the fund arising from the sale of part of the seminary lands lands set aside by Congress for the establish- ment of a state college or university (see High Lights). Congress, since the session of the General Assembly of 1831, AND LEGISLATIVE HISTORY 29 had passed another Act, -which the President Approved July 4, 1832, which gave the governor full power to select and sell the state house lands. He was further authorized to erect, with the funds arising from the sale of these lands, the public building or buildings for which the said lands were appropriated, with- out consulting the General Assembly. In the little more than a year since Congress had given him this authority Pope had either sold or arranged for the sale of the whole ten sections, and upon terms which yielded in cash $31,722.00. Also he had secured "an eligible site" for the state house and work on the building, as he told the General Assembly of 1833, was already "progressing with all practical dispatch." On October 24, 1833, Governor Pope received an invitation to a public dinner in "the long room of Mr. Bissell's Hotel," which was given on the evening of October 26. The committee, who delivered the invitation, said that the dinner had been arranged by members of the General Assembly, and leading citi- zens, "to express to you, in a public manner, the high regard which they entertain for the manner in which you have dis- charged the many and important duties devolving upon you as governor of Arkansas." The dinner was attended by about sixty gentlemen and the festivities lasted until a late hour. John Wilson, speaker of the house, officiated as toastmaster, and among the responses was the toast to Governor Pope for "his rapid progress with the state house; his veto (of the Crittenden proposition) will," the speaker added, "be remembered by the people with gratitude, so long as our soil bears the footprints of a freeman and patriot." 30 OUTLINE OF EXECUTIVE WILLIAM SAVIN FULTON GOVERNOR, MARCH 9, 1835 SEPTEMBER 13, 1836 The fourth and last governor of the Territory of Arkansas, William Savin Fulton took office March 9, 1835, and served until September 13, 1836. Meanwhile, Lewis Randolph, of Virginia, a grandson of Thomas Jefferson, succeeded him as secretary of the Territory. Fulton was born in Cecil county, Maryland, June 2, 1795. His father, David Fulton, came from Ireland as a young man and settled in Cecil county, where he married Miss Elizabeth Savin. In 1804 William was enrolled as a student in the school kept by Rev. Samuel Knox (afterward Baltimore College), where he graduated in September, 1813. He then began read- ing law with William Pinkney, of Baltimore, but soon gave up his studies to enter the army as an aide on the staff of Colonel George Armistead. At the conclusion of the War of 1812 he was an aide on the staff of Commodore Rogers. In the fall of 1815 the family removed to Sumner county, Tennessee. He then resumed his legal studies with Judge Felix Grundy, of Nash- ville, and in the spring of 1817 he was admitted to the bar. He began practice at Gallatin, Tennessee, but in January, 1818, closed his office to become private secretary to General Andrew Jackson. He served with "Old Hickory" through the Seminole W T ar and in 1820 located at Florence, Alabama. Here he combined law and journalism, becoming editor of the Florence Gazette-. In 1821 he was elected to the legislature in Alabama. He was married in 1823 to Miss Matilda Nowland, of Alabama. The friendship that grew up between General Jackson and his secretary at the time of the Seminole War was a lasting one. Following out his policy of appointing his friends to office, after he became President, Jackson appointed Fulton secretary of Arkansas Territory on April 8, 1829. He succeeded John Pope as governor on March 9, 1835, but his term was cut short by the admission of Arkansas into the Union, June 15, 1836. He was elected one of the first United States senators from Arkan- sas, "by the first General Assembly, and continued to hold that office until his death, on August 15, 1844. In theory, Governor Fulton's administration ended June 15, 1836, upon the approval by President Andrew Jackson of the AND LEGISLATIVE HISTORY 31 Act of Congress admitting Arkansas into the Union as a state. But, in fact, he continued in the office of governor until Sep- tember 13, 1836, when James S. Conway was inaugurated the first governor of the State of Arkansas. Ninth General Assembly- Members of the ninth and last General Assembly of the Ter- ritory were elected August 3, 1835. Those elected to the legis- lative council were : Arkansas county, James Smith ; Carroll, Thomas H. Clark; Chicot, John Clark; Clark, Abner E. Thorn- ton ; Conway, Amos Kuykendall ; Crawford, Richard C. S. Brown; Crittenden, Wright W. Elliott; Greene, George B. Creft ; Hempstead, James W. Judkins ; Hot Spring, Hiram A. Whit- tington ; Independence, John Ringgold ; Izard, Jacob Wolf ; Jack- son, Rowland Tidwell ; Jefferson, Richard H. Young; Johnson, John W. Patrick ; Lafayette, Jacob Buzzard ; Lawrence, Pey- ton R. Pittman ; Miller, James Lattermore ; Mississippi, Thomas J. Mills; Monroe, Isaac Taylor; Phillips, William F. Moore; Pike, Elijah Kelly; Pope, John Williamson; Pulaski, Charles Caldwell ; St. Francis, Mark W. Izard ; Sevier, Joseph W. Mc- Kean; Union, Hugh Bradley; Van Buren, John L. Lafferty; Washington, Mark Bean. Members of the house were : Arkan- sas and Union counties, Bushrod W. Lee and Charles H. Seay; Carroll, John E. Stallings ; Chicot, Hedgenian Triplett; Clark and Hot Spring, John Wilson ; Conway and Van Buren, Thomas Mathers; Crawford, 'James Logan and Andrew Morton; Critten- den and Mississippi, John Troy; Greene and Lawrence, Joseph Porter, William Jarrett and A. Henderson; Hempstead, William Shaw and James H. Walker; Independence, Morgan Magness and William Moore ; Izard, Brown C. Roberts ; Jack- son, Monroe and St. Francis, John Hill and E. D. W. Scruggs ; Jefferson, M. R. T. Outlaw; Johnson, John Ward; Lafayette, Thomas J. Peel; Miller, N. D: Ellis; Phillips, John J. Bowie; Pike and Sevier, James Holman; Pope, Laban C. Howell ; Pulaski, William Gumming and Absalom Fowler ; Washington, Francis Dunn, Onesimus Evand, Thomas H. Tennant, David Walker and Abraham Whinnery. They met in regular session October 5, 1835. Charles Caldwell was elected president of the council; S. T. Sanders, secretary. John Wilson was speaker of of the house; L. B. Tully, clerk. The session laster from Octo- ber 5 until November 16, 1835. 32 OUTLINE OF EXECUTIVE The only really important Act passed during this session was the Act which provided for the election of delegates to, and the holding of, a convention for the purpose of framing a state con- stitution. The passage of such an Act was then in order, as Governor Fulton said in his message at the opening of the ses- sion, because, "From an enumeration of the inhabitants of this Territory, taken for the present year, our population (51,809) is found to be equal to the ratio fixed for Federal representa- tion.'' This was but another way of saying the population of Arkansas had become now sufficiently numerous to entitle it to elect one member to the lower house of Congress. Accord- ingly, the first steps were taken in the proces which won Arkansas admission into the Union. STATE OF ARKANSAS-ITS GOVERN- ORS AND THEIR ADMINISTRATIONS 1836-1921 JAMES SEVIER CONWAY GOVERNOR, SEPTEMBER 13, 1836 NOVEMBER 5, 1840 James Sevier Conway, the first governor of the State of \rkansas, was born in Greene county, Tennessee, December 9, 1796. He was the second of seven sons born to Thomas and Ann (Rector) Conway, nearly all of whom are outstanding fig- ures in the early history of Arkansas and Missouri. Henry W,. the eldest son, was three times elected delegate in Congress from Arkansas ; Frederick R., the third son, was recorder of French arid Spanish land claims at St. Louis, and was afterward sur- veyor-general of Missouri. John R., the fourth son, served as a surveyor under his uncles, William and Elias Rector, and later became an eminent physician. He died in California in 1868. His son, Thomas, was a member of William Walker's fiilibuster- ing expedition into Nicaragua in 1854. William, the fifth son, studied law and in 1846 ; became one of the judges of the Arkan- sas Supreme Court. His name frequently appears as William B. Conway. On account of the fact that another William Conway frequently received his mail he adopted the custom of signing himself ''William Conway, B." Thomas, the sixth son, died in Missouri soon after he reached his majority. Elias N., the youngest of the family, was for several terms auditor of the Territory and State of Arkansas, and in 1852 was elected governor. James S. Conway first came to Arkansas in 1820 as one of a surveying party. In 1823 he bought a farm on the Red river, in what afterward became Lafayette county. Two years later he was appointed by President John Quincy Adams to survey the western boundary of Arkansas Territory from the Red river to the Arkansas. It is worthy of note that, when the line was resurveyed, thirty years later, no variation was made from the Conway line of 1825. In 1831 President Andrew Jackson appointed him as the Arkansas commissioner to work with R. A. Crane, commissioner from Louisiana, to determine the southern boundary of Arkansas. On June 21, 1832, the office of sur- 34 OUTLINE OF EXECUTIVE veyor-general for Arkansas Territory was created and he was appointed to the position. In the spring of 1836 he resigned and Edward Cross was appointed to the vacancy. At the expiration of his term as governor in 1840, he retired to his plantation, "Walnut Hill," in Lafayette county. Resisting all the importunities of his friends to re-enter public life, he devoted his attention to his plantation. At the time of his death, March 3, 1855, he was one of the largest slave owners and cot- ton growers in southern Arkansas. On December 21, 1826, he was married to Miss Mary J. Bradley, daughter of a pioneer of Lafayette county. First General Assembly ^Members of the first General Assembly of the State of Arkansas were elected August 1, 1836. The constitution of 1836 provided- that the General Assembly should consist of a senate and a house of representatives ; that the senate should consist of not fewer nor more than thirty-three members ; that the house should consist of not fewer than fifty-four nor more than one hundred members ; and divided the state into districts for the election of members of the two houses. It was also provided that the members elected on the first Monday in August should meet on the second Monday- in September. The state house, which owed its erection to the constructive enterprise of Gov- ernor John Pope, though not completed, was put in condition, and the General Assembly met within its walls for the first time on Monday, September 12, 1836. Those elected to the senate were: Arkansas and Jefferson counties, Samuel C. Roane ; Carroll, Izard and Searcy, Charles R. Saunders ; Chicot and Union, John Clark ; Clark, Hot Spring and Pike, A. E. Thornton; Conway and Van Buren, Amos Kuy- kendall ; Crawford and Scott, Richard C. S. Brqwn ; Crittenden and Mississippi, William D. Ferguson; Greene and St. Francis, Mark W. Izard ; Hempstead and Lafayette, George Hill ; Inde- pendence and Jackson, John Ringgold ; Johnson and Pope, John Williamson ; Lawrence and Randolph, Robert Smith ; Miller and Sevier, Joseph W. McKean ; Monroe and Phillips, James Martin ; Pulaski, Saline and White, John McLean; Washington, William McK. Ball and Robert McCamy. AND LEGISLATIVE HISTORY 35 Members of the house were : Arkansas county, James Max- well and James Smith ; Carroll, Wilbur D. Reagan and Lewis B. Tully; Chieot, A. H. Davies and D. L. F. Royston; Clark, John Wilson ; Conway, John Linton ; Crawford, John Drennan, John Lassater and Andrew Morton; Greene, Alexander Tucker; Hempstead, James W. Judkins and Grandison D. Royston; Hot Spring, John W. Reyburn ; Independence, Townsend Dickin- son and Charles H. Pelham ; Izard, Thomas Culp; Jackson, Row- land Tidwell ; Jefferson, William Phillips ; Johnson, E. B. Alston and Samuel Adams ; Lafayette, T. T. Williamson ; Lawrence, Jonathan Karelin and William B. Marshall; Miller, A. G. Mil- ton ; Mississippi, P. H. Swain ; Monroe, Isaac Taylor ; Phillips, J. C. P. Tolleston and J. J. Shell ; Pike, Asa Thompson ; Pope, W. II. G. Teevault and John J. Moose; Pulaski, Richard C. Byrd and John H. Cocke ; Randolph, William Pibourn and J. J. Anthony ; St. Francis, P. Littell and Charles Franks ; Saline, Charles Caldwell ; Scott, James Logan ; Searcy, Brown C. Rob- erts ; Sevier, George Taaffe; Union, A. J. May; Van Buren, Luke Grimes ; Washington, John S. Blair, James Boone, James Brandon, J. M. Hoge, Daniel Vaughan and Abraham Whinnery. Sam C. Roan was elected president of the senate; A. J. Greer, secretary. John Wilson was speaker of the house; Samuel H. Hempstead, clerk. The session of 1836 lasted from September 12 until November 8. The same General Assembly held a special session from November 6, 1837, until March 5, 1838. LTnder the constitution of 1836 it was the duty of the Gen- eral Assembly to elect the secretary of state, the auditor, treas- urer and the judges of the State Supreme Court. Accordingly, the two houses sitting in joint session held on different days elected Robert A. Watkins secretary of state; Elias N. Conway, auditor ; William E. W^oodruff , treasurer ; Townsend Dickinson, Thomas J. Lacey and Daniel Ringo, justices of the Supreme Court. Daniel Ringo was the first chief justice. The General Assembly also, as then required by the constitution of the United States, on September 19, 1836, elected Ambrose H. Sevier and' William S. Fulton the first United States Senators from the State of Arkansas. The most important legislation passed by the General Assem- bly during the session of 1836 were the Acts creating the Bank 36 OUTLINE OF EXECUTIVE ' of the State of Arkansas and the Real Estate Bank (see High Lights.) During the special session of this General Assembly, which lasted from November 6, 1837, until March 5, 1838, more than two hundred Acts were passed. Most of the general Acts of this latter session dealt with matters affecting the proper organization of the government of the newly formed state. The charters of the State Bank and the Real Estate Bank were amended ; both banks were given authority under the bank char- ters, as amended, to suspend 'payments of specie. It was during this special session that occurred the notorious episode of the killing, on the floor of the house of representa- tives, of Major Joseph J. Anthony by John Wilson. The latter was speaker of the house and, also, president of the Real Estate Bank. Anthony was also a member of the house, representing Randolph county. Trouble between the two arose over remarks by Anthony intended as ridicule of the Real Estate Bank. Wilson took Anthony's remarks as a person insult. And when Anthony refused to take his seat. Wilson left the speaker's chair, drew a Bowie knife and advanced upon Anthony, who was also armed with a knife. In the struggle that followed, someone, it seems, threw a chair between them. Whereupon Anthony dropped his knife and took up the chair as a weapon of defense. As he raised his chair, Wilson caught it with his left hand and stabbed under it. Thus Anthony was stabbed in the breast, fell and died almost immediately. For his act Wilson was afterwards expelled from the house and Grandison D. Royston was elected speaker as Wilson's successor. The grand jury of Pulaski county indicted Wilson for murder in the first degree. But, on account of the excitement at Little Rock, his attorneys got a change of venue ; the case was tried in May, 1838, in Saline county, at Ben- ton. The jury returned a verdict of "Guilty of excusable homi- cide, and not guilty as charged in the indictment," which resulted in his acquittal. Second General Assembly Members of the second General Assembly were elected Octo- ber 1, 1838. As provided by the constitution, eight of those elected to the senate in 1836 were "hold-overs," who continued in office for the full term of four years. Thus there were only nine senators elected in 1838. In 1838, for the first time, mem- AND LEGISLATIVE HISTORY 37 bers of the General Assembly avowed themselves as belonging either to the one or the other of the then newly formed national political parties of Whigs and Democrats. There were in the senate four Whigs and thirteen Democrats. The house was com- posed of seventeen Whigs, thirty-two Democrats and- five Inde- pendents. The members of the senate were : Arkansas and Jefferson counties, J. Smith ; Carroll, Searcy and Izard, C. R. Saunders ; Chicot and Union, John Clark ; Conway and Van Buren, A. Kuy- kendall ; Crawford and Scott, T. C. S. Brown; Crittenden and Mississippi, W. D. Ferguson; Hempstead and Lafayette, J. H. Walker ; Jackson and Independence, D. J. Chapman ; Johnson and Pope, John Williamson; Law'rence and Randolph, Robert Smith ; Madison, Benton and Washington, O. Evans and A. Whinnery ; Miller and Sevier, J. W. McKean ; Monroe and Phil- lips, James Martin ; Pike, Clark and Hot Spring, A. E. Thorn- ton ; Pulaski, White and Saline, R. C. Byrd; St. Francis and Green, M. W. Izard. Those elected to the house were : Arkansas county, S. V. R. Ryan and J. Maxwell; Carroll, T. H. Clark, F. G. Wilbourn ; Chicot, H. Triplet!, W. H. Gaines ; Clark, A. H. Rutherford; Conway, N. Menifee; Crawford, J. Turner, W. DuVal, J. Miller; Crittenden, W. C. Trice, L. H. Bedford; Greene, N. Murfee; Hempstead, B. P. Jett, A. M. Oakley; Hot Spring, H. A. Whit- tington ; Independence, C. F. M. Noland, M. Magness ; John- son, Sam Adams, E. B. Alston; Lafayette, James Trigg; Law- rence. J. Hutchinson; Marion, B. C. Roberts; Mississippi, P. H. Simon ; Monroe, L. D. Maddox ; Pike, A. Thompson ; Pope, P. H. Martin, A. C. Sadler; Pulaski, A. Fowled, L. Gibson; Saline, W. S. Lockert ; Randolph, W. Pilbourn, James Martin; Scott, G. Marshall ; Sevier, George Taaffe ; St. Francis, C. Neely, W. S. Moseley ; Union, Hogan Moss ; Van Buren, J. L. Laf- ferty; Washington, W. S. Oldham, W. L. Wilson, J. McGarrah, R. Bedford, G. W. Sanders, Robt. Hubbard ; White, J. P. Brown. They met in regular session November 5, 1839. Mark W. Izard was elected president of the senate ; J. M. Stewart, sec- retary. Gilbert Marshall was speaker of the house ; S. H. Hemp- stead, clerk. The session lasted until December 17, 1838. The General Assembly of 1838 passed, and the Governor 38 OUTLINE OF EXECUTIVE approved December 17, an Act making the Governor the agent of the State with power to sell the seventy-two sections of public lands donated by the United States for the erection of a seminary of learning, or state university. Under the terms of this Act the Governor was authorized to arrange for the sale of the lands for one-fourth cash, the balance to be paid in three equal annual installments, with interest at ten per cent. The Act provided also that all funds so realized be deposited in the Bank of the State of Arkansas and there, allowed to accumulate until the money in the bank was enough to pay for the building of a semi- nary or college (see High Lights). The General Assembly of 1838 adopted a digest of the laws of Arkansas, for which "Revised Code" Albert Pike prepared the notes and index. An Act was passed providing for the establishment of a state peni- tentiary. As a result of this Act the State acquired possession of the tract of land upon which the new State Capitol has since been erected (see High Lights). The only state officer elected at the session of 1838 was John Hutt, to succeed William E. Woodruff, as state treasurer. AND LEGISLATIVE HISTORY 39 ARCHIBALD YELL GOVERNOR, NOVEMBER 5, 1840 APRIL 29, 1844 Archibald Yell the second governor of the State of Arkansas, was born in North Carolina in August, 1797. Before he was of age he removed to Bedford county, Tennessee. There he organ- ized a volunteer company of young men, to which* the name "Jackson Guards" was given, and of which he was elected cap- tain. His first meeting with Andrew Jackson was when he offered the services of himself and his company to General Jack- son for the war with the Creek Indians. Yell's offer having been accepted, he and his company afterwards took part in the battles of Emuckfau, Horseshoe Bend, Talladega and other engagement of the Creek campaign, and by his skill and bravery Yell won Jackson's admiration. Later, when General Jackson called for volunteers to defend New Orleans, Captain Yell was among the first to respond. After the war young Yell read law and was admitted to the bar. In 1818 he again answered the call of General Jackson for volunteers and served through the Seminole War. He then located at Shelbyville, Tennessee, where he began the practice of law and was elected to represent Bed- ford county in the legislature of Tennessee. Archibald Yell, in whatever capacity he was called upon to serve the public, whether as jurist, statesman or soldier, always acquitted himself with credit. No man of his time was more respected and trusted by the people of Arkansas than he; none has left the impress of his character more enduringly upon the history of the State. It seems a pity, therefore, that so little is known with any degree of certainty about his career. Hallum in his history of Arkansas says : "He achieved local fame as a lawyer in Tennessee before Jackson became President. When that event crowned an era in our history, the old hero placed the judicial seal in the hands of two young natives of North Carolina, in whom he had unquali- fied confidence Archibald Yell and Thomas J. Lacy, names lustrous and inseparable from the history of Arkansas. Yell was offered choice of two vacancies : governor of Florida or territorial judge of Arkansas, and chose the "latter. The two young men were commissioned in 1832 and proceeded soon thereafter to their respective stations. Judge Lacv located in his 40 OUTLINE OF EXECUTIVE district at Clarendon, in Monroe county ; Judge Yell at Fay- etteville." Hempstead gives a different account of the circumstances of his removal to Arkansas, to-wit : "He came to Arkansas from Shelby ville in January, 1831, having in the previous Decem- ber been appointed receiver of public moneys of the Little Rock Land District. He resigned this office in the latter part of 1832 and from 1833 practiced law at Little Rock. In 1835 he was appointed judge of the Superior or United States Court of the Territory." Shinn's School History of Arkansas says: "He moved to Arkansas in 1832, to fill the position of receiver of the land office at Little Rock, to which he had been appointed by President Jackson. Resigning this position in 1832, he began the practice of law. In 1835 he was appointed judge of the Superior Court." The epitaph on his monument at Fayetteville is as follows: "Archibald Yell, born in North Carolina, August, 1797. A vol- unteer in the battle of New Orleans ; district judge of Arkansas Territory in 1832; first member of Congress from the State; Governor, 1840; elected to Congress again, 1844; resigned and accepted colonelcy of Arkansas Volunteers for the Mexican War, 1846; killed at Buena Vista, February 22, 1847. A gal- lant soldier, an upright judge, a fearless advocate of popular rights, a sincere friend, an honest man." After reading these contradictory statements, the writer undertook the task of ascertaining, if possible, just when Yell came to Arkansas. A diligent search was made through old newspaper files, public documents, etc., when it was learned that he arrivel in Little Rock on December 15, 1831 having been appointed receiver of public moneys of the .Little Rock Land Office, to succeed Captain Benjamin Desha, resigned. After a few months he resigned the receivership to begin the practice of law. On March 3, 1835, he succeeded Judge Thomas P. Esk- ridge on the bench of the Superior Court of the Territory, to which position he was appointed by President Jackson. He then removed to Fayetteville, in order to be in his judicial district. Yell was nearly six feet tall and of athletic build. On one occasion, while serving as judge, when the name of a defendant AND LEGISLATIVE HISTORY 41 was called for trial, the sheriff announced that the man had not been arrested because he was a noted desperado and everybody was afraid to serve on a posse. "Where is he?" asked Judge Yell. "At the saloon here in town," replied the sheriff. "Then,"' said the Judge, "deputize me and show him to me." The sheriff immediately qualified the judge as a deputy and led the way to the saloon, followed by a crowd of curious spec- tators. Judge Yell walked up to the reputed desperado, seized him by the throat, and shouted : "God damn you, come into court and answer to your name and the indictments against you." The language was more forcible than refined, but, coupled with the earnestness of the judge, it had the desired effect. To the astonishment of all, the culprit offered no resistance, but meekly followed the judge into court, where he was unable to furnish the required bail, and was committed to jail. This reso- lute action of the judge taught the lawless element that his court was not to be trifled with and created a respect for law among the rude, frontier population. Politics, it seems, had more attractions for Yell than did a judicial career. When the State of Arkansas was admitted, in 1836. he left the bench and was elected the first representative in Congress. Pie remained in Congress until 1839, and in 1840 was elected governor. In the spring of 1844, about six months before the expiration of his term, he resigned the governorship to run for Congress and was elected. He did not serve out his term, for when war was declared against Mexico in May, 1846, he resigned to enlist as a private in the First Arkansas Volunteer Cavalry. Upon the organization of the regiment he was elected colonel. It is said that 'in the fall of 1846, a few- weeks before the. opening of the last session of the Twenty-ninth Congress, Colonel Yell asked General Wool for leave of absence to attend the session. The general told him the only way he could attend the session of Congress was to resign his commis- sion, as no leave of absence would be granted. Yell elected to remain with his regiment, and fell while leading a charge at Buena Vista, February 22, 1847. Colonel Yell was buried upon the battlefield. After the war 42 OUTLINE OF EXECUTIVE his body was taken to Fayetteville and buried in the Evergreen Cemetery, where his Masonic brethren erected a monument over his grave. Two of his wives are interred in the same cemetery by his side Mrs. Nancy J. Yell, who died on October 3, 1835, and Mrs. Maria Yell, who died -on October 14, 1838. His first wife died in Tennessee, before he came to Arkansas. Third General Assembly- Members of the third Gerferal Assembly were elected Octo- ber 5, 1840. There were twenty-one senators and sixty-three representatives. Of the senators, sixteen were Democrats and five were Whigs. In the house there were forty-one Democrats and twenty-two Whigs. The members of the senate were: Arkansas, Jefferson and Desha counties, J. Smith; Benton and Madison, A. Whinnery ; Carroll, Marion and Searcy, W. C. Mitchell ; Chicot and Union, J. Clark ; Comvay and Pope, J. Williamson ; Crawford and Scott, J. A. Scott; Critenclen and Mississippi. \V. D. Ferguson; Hemp- stead, J. H. Walker; Hot Spring and Saline, C. Caldwell; Inde- pendence, M. Magness ; Izard and Lawrence, J. S. Licklin ; John- son and Franklin, S. Adams; Miller and Sevier, T. W. Scott; Monroe and Phillips, D. Thompson ; Pike and Clark, A. E. Thornton; Poinsett and St. Francis, M. W. Izard; Pulaski, R. C. Uyrcl: Randolph, W. '15 lack: Washington, O. Evans, D. Walker; White, Van Burcn and Jackson, L. 11 Tully. Those elected to the house were : Arkansas county, B. L. Haller; Benton, Robt. Hubbard ; Carroll, B. Gather; Chicot, A. H. Davis, P. Littell ; Clark, S. Buckner, A. H. Rutherford; Conway, J. Stephenson, D. Q. Stell ; Crawford, William DuYal, Tyree Mussett ; Crittenclen, T. M. Collins, A. J. Greer; Desha, S. H. Davis; Franklin, E. H. Moffatt, W. Clements; Greene, R. Hardwick ; Hempstead, T. T. Williamson, G. Hill ; Hot Spring, H. A. Whittington ; Independence, C. F. M. Noland, J. H. Enger; Izard, W. M. Wolf; Jackson, James Robinson; Jeffer- son, M. W. Dorris ; Johnson, A. E. Pace, M. Rose ; Lafayette, M. Wright; Lawrence, W. 1>. Marshall, George Humphrey; Madison, G. W. Sanders, H. S. Wilson ; Marion and Searcy, B. C. Roberts, S. Leslie; Mississippi, P. IT. Swain; Monroe, Isaac Taylor; Phillips, J. J. Shell, F. Hanks; Pike, John Wilson; Pom- AND LEGISLATIVE HISTORY 43 sett, Charles Neeley ; Pope, John Bruton, G. C. Sadler ; Pulaski, William Cummings, L. Gibson, C. P. Bertrand ; Saline, R. Brazil, David Dodd; Scott, T. M. Scott, S. Humphrey; 'Sevier, H. F. Hawkins, W. Scott ; St. Francis, William Strong, W. S. Mose- ley ; Union, Hiram Smith ; Van Buren, George Counts ; Wash- ington, John McGarragh, W 7 . L. Larremore, L. C. Blackmore, W. D. Reagan, G. A. Pettigrew ; White, James Walker. They met in regular session November 2, 1840. Mark W. Izard was elected president of the senate; John Widgery, secre- tary. George Hill was speaker of the house ; S. S. Tucker, clerk. The session lasted until December 28, 1840. In his first message to the General Assembly, Governor Yell made upon the subject of education a most significant recom- mendation. "As a larger portion of our rising generation," said he, "are designed for agricultural employment, I respectfully suggest such a system of education as would not only teach science and literature, but combining practical knowledge of the mode of farming, which will tend to inculcate principles of economy and industry. The student then, in quitting his school, is qualified for his profession and at once becomes an ornament and useful member of society." So far as is now known, this suggestion on the part of Governor Yell, that a "system of edu- cation" be adopted which would afford the "rising generation" instruction in the "practical knowledge of farming" was original with him. It is not surprising that the General Assembly did not act favorably upon his suggestion. For such an idea was then many years in advance of the times. The most important Acts of the General Assembly of 1840, ' as affecting the history of the State, were an Act authorizing the construction of levees along the Mississippi river and another regarding the disposal of the seminary lands. (See High Lights.) Fourth General Assembly- Members of the fourth General Assembly were elected Octo- ber 3, 1842. Of the twenty-one members of the senate, eleven were elected in 1842 and ten were "hold-overs," who were elected in 1840. Politically, the senate was composed of fourteen Dem- ocrats and seven Whigs. In the house there were forty-two Democrats, twenty Whigs and three Independents. 44 OUTLINE OF EXECUTIVE The members of the senate were : Arkansas, Jefferson and Desha counties, J. Yell ; Benton and Madison, J. G. Walker ; Carroll, Marion and Searcy, W. C. Mitchell ; Chicot, Union and Bradley, J. Clark; Conway and Pope, J. Williamson; Hempsted, W. Trimble ; Independence, M. Magness ; Jackson, White and Van Buren, I.. B. Tully ; Johnson and Franklin, S. Adams ; Lafayette and Sevier, T. W. Scott ; Lawrence; and Izard, J. S. Fic'klin ; Mississippi and Crittenden, A. G. Greer ; Phillips and Monroe, D. Thompson ; Pike and Clark, T. C. Hudson ; Pulaski. R. C. Byrd; Saline and Hot Spring, S. W. Rayburn ; Scott and Crawford, J. A. Scott ; St. Francis and Poinsett, C. Neely ; Ran- dolph and Greene, W. Black; Washington, D. Walker, M. Bean. Those elected to the house were : Arkansas county, Rich- mond Peeler; Benton, Alfred G. Greenwood; Bradley, John H. Marks; Carroll, G. W. Baines, J. Fancher ; Clark, H. Flanagin, J. D. Stewart; Conway and Perry. Thomas S. Haynes, George W. Lamoyne ; Crawford, A. G. Mayer, William Reeves; Crit- tenden, Thomas M. Collins, Peter G. Rives; Desha, Charles A. Stewart; Franklin, W. A. Martin, J. Miller; Greene, Rice Hard- wick; Hempstead. George Conway, John Field; Hot Spring, Lorenzo Gibson; Independence, Beniah Bateman, W. livers; Izard, Johoiada Jeffrey; Jackson, David C. Waters; Jefferson, John S. Roane ; Johnson, William Gray, William McCain; La- fayette, James F. Nott ; l>awrence. George Humphrey, John Milligan ; Madison, William Gage, Daniel Yaughan ; Marion, Searcy, John Campbell, IJrown C. Roberts; Mississippi, W. M. Finley ; Monroe, John C. Johnson; Phillips, Flisha Burke, T. l>. Hanley; Pike, William Bizzell ; Poinsett, A. T. Robertson; Pope, M. T. Logan, P. Tackett ; Pulaski, John W. Cocke, P. T. Crutchfield, Mared C. Martin ; Randolph, William A. Hous- ton, R. J. Wiley; Saline, Robert Calvert, R. Brazil; Scott, J. F. Gaines, A. Thompson; Sevier, A. J. Armstrong, W. Scott; St. Francis, John W. Calvert, C. L. Sullivan ; Union, Albert Rust ; Van Buren, George Counts ; Washington, A. W. Arrington, Lee C. Blakemore, George Clyne, Moses Stout, Williamson S. Old- ham ; White, John Arnold ; Yell, William J. Parks. They met in regular session November 7, 1842. Samuel Adams was elected president of the senate ; John Widgery, sec- retary. W. S. Oldham was speaker of the house ; S. S. Tucker, clerk. The session lasted until February 4, 1843. AND LEGISLATIVE HISTORY 45 It was at this session that Acts were passed which provided for the winding up of the affairs of the State Bank and the Real Estate Bank, both of which institutions by 1842 had not only failed utterly, but became almost universally unpopular. A geological survey of the state was authorized and two constitu- tional amendments proposed for adoption. One of the latter, which was afterwards adopted, was to the effect that the General Assembly should have no power in the future "to incorporate any banking institutions whatsqever." 46 OUTLINE OF EXECUTIVE THOMAS STEVENSON DREW GOVERNOR, NOVEMBER 5, 1844 JANUARY 10, 1849 On April 29, 1844, upon 'the resignation of Governor Yell, Samuel Adams, as president of the senate, became acting gov- ernor. Adams held the office until November 5 following, when Thomas S. Drew was inaugurated third governor of the State. Thomas S. Drew was born in Wilson county, Tennessee, August 25, 1802, He was the son of Newton Drew, who had removed from Virginia to Tennessee in 1797 or 1798. The son, Thomas S., came as a pioneer to Arkansas, it seems, in 1819, shortly after the organization of the Territory of Arkansas. He settled first in Clark county. He followed for a time the occu- pation of peddler. Thus he formed acquaintances throughout the greater part of the Territory, and by his courteous manner and fair dealing won the confidence and esteem of those with whom he dealt. He next engaged in teaching school. And while thus engaged he married the daughter of a pioneer, of whom, however, nothing more is known. Shortly after his marriage he located in Law- rence county, where he changed his vocation to that of farmer. In 1836 he was elected one of the delegates from Lawrence county to the constitutional convention. Soon after Arkansas was admitted to statehood he removed to Randolph county and gave his entire attention to the management of his plantation. He was not an aspirant for political honors, but when Dr. Daniel J. Chapman, the democratic candidate for governor, withdrew from the ticket in 1844 he was offered the nomination, accepted and was elected. He was re-elected in 1848, but resigned in January, 1849, serving ojnly about two months of his second term. Later, some time in the fifties, it seems, he went to Texas, where he purchased a plantation. He died near Lipan, in Hood county, in 1879 or 1880. His wife died and was buried in Ran- dolph county before he left Arkansas. A movement was once started to bring his body back to Randolph county and bury it by the side of his wife's grave, but nothing ever came of the plan. There is only a rough headstone to mark his grave, with no epitaph and no record of the date of birth and death. It is said that in Texas people point to Governor Drew's grave as an AND LEGISLATIVE. HISTORY 47 example of the lack of appreciation in Arkansas of matters of historical significance. Fifth General Assembly- Members of the fifth General Asembly were elected October 7, 1844. There were twenty Democrats and four Whigs in the senate. The house was composed of sixty-four Democrats and nine Whigs. The members of the senate were : Arkansas, Jefferson and Desha, J. Yell; Benton and Madison, J. G. Walker; Carroll and Newton, W. C. Mitchell; Chicot, Union and Bradley, J. Clark; Conway and Perry, D. Q. Stell ; Crawford, Hans Smith ; Greene, and Randolph, William Black ; Hempstead, William Trimble ; Hot Spring and Saline, S. W. Rayburn : Independence, C. H. Pelham; Izard, Van Buren and Fulton, J. C. Gaines; Jackson, David Maxwell: Johnson, M. Rose; Lawrence, J. S. Ficklin; Mississippi and Crittenden, P. G. Rives ; Phillips, M. Irwin ; Pike and Clark, T. C. Hudson ; Pope and Yell, J. Williamson ; Pulaski, T. W. Newton ; Searcy and Marion, J. D. Shaw ; Scott and Franklin, J. F. Gaines ; Sevier, Lafayette and Pike, J. W. McKean ; St. Francis and Poinsett, Charles Neely ; Washington, Mark Bean and Robert McCamy. Those elected to the house were: Arkansas county, Harris Cross; Benton, A. B. Greenwood, R. Hubbard ; Bradley, E. E. Dowdy; Carroll, G. E. Birnie, T. H. Clarke; Chicot, Williford Garner; Clark, Joseph Gray, William Owens; Conway, J. J. Simmons, John Hardin ; Crittenden, Thomas M. Collins; Craw- ford, A. G. Mayers, J. S. Roane, William J. Duval; Desha, William H. Sutton; Fulton, Lewis R. Wells; Franklin, J. D. Steele, O. B. Alston; Greene, G. B. Croft, James Clark; Hemp- stead, H. W. Smith, T. N. R. Bankhead; Hot Spring, P. S. Physick, J. Shipp ; Independence, B. Bateman, M. Clarke, Mor- timore W. Baltimore ; Izard, Thomas Riggs ; Jackson, M. P. McCoy, G. W. Cromwell ; Jefferson, Martin W r . Dorrie ; John- son, J. B. Wilson, W. W. Floyd, John B. Brown; Lafayette, John O. Hightower; Lawrence, A. A. Simpson, John B. Ham- mond, William B. Marshall; Madison, J. C. Sumner, H. D. Berry, George W. Sanders ; Marion, Albert R. Robinson ; Missis- sippi, William L. W r ard ; Monroe, Jordan B. Lambert; Newton, Martin Tackett; Ouachita, William Foster; Perry, William Rus- 48 OUTLINE OF EXECUTIVE sell; Phillips, E. Burke, F. B. Culver; Poinsett, Richmond Hall; Pope, James B. Logan; Pulaski, C. P. Bertrand, A. Fowler, Fred W. Trapnall ; Randolph, William Mitchell, William Stub- blefield; Saline, Charles Caldwell ; Searcy, Isha Hodges; Sevier, Paul R. Booker, H. K. Brown ; St. Francis, Brice M. G. Black- well, Elisha Franks; Van Buren, William Oliver; Washington, J. Billingsley, C. A. Miller, 1. Strain, T. Wilson, L. C. Blake- more; White, John Cook; Yell, William J. Parks. They met in regular session November 4, 1844. John Williamson was elected president of the senate ; John M. Ross, secretary. John S. Roane was speaker of the house ; S. S. Tucker, clerk. The session lasted until January 10, 1845. United Slates Senator William S. Fulton had died on August 15, 1844. As his successor for the term which did not expire until Marcli 4, 1847, the General Assembly on November 8 elected Chester Ashley. In his message to the General Assembly on November 20, 1844, Governor Drew said that 479,882 acres of the 500,000 acres granted the State of Arkansas by Act of Congress approved September 4, 1841, for internal improvements, had been selected. Of the lands thus selected, 136,000 acres had been sold at $2.00 per acre; which was the price then fixed by law. He recom- mended that the price be reduced to $1.25 per acre; that a board of internal improvements be created to sell the lands and to apply the proceeds in the construction of roads and the im- provement of the navigable rivers of Arkansas. Members of the General Assembly, however, had their own ideas upon the subject. Accordingly, they created the office of land agent, which officer they reserved the right to elect every two years. The said agent was only authorized to negotiate sales of what remained of the 500,000 acres of internal improvement lands. Some of the other Acts of a general nature passed at the session of 1844 were : an Act changing the time of holding gen- eral elections from the first Monday in October to the first Mon- day in August ; appropriating such school funds as were available for the purchase of books for free distribution and for use in the common schools. (See High Lights.) Memorials to Con- gress were adopted asking for appropriations to build levees along the Mississippi and the Arkansas rivers ; to complete the old AND LEGISLATIVE HISTORY 49 military road from Memphis through Little Rock to Fort Smith, and to remove the great raft from Red river. Sixth General Assembly- Members of the sixth General Assembly were elected August 3, 1846. The senate was composed of twenty Democrats and four Whigs. There were fifty-six Democrats and nineteen Whigs elected to the house. The members of the senate were : Arkansas, Jefferson and Desha counties, R. C. Byrd; Betiton and Madison, J. B. Dick- inson ; Carroll and Newton, W. C. Mitchell ; Chicot, Union and Bradley, J .R. Hampton ; Conway and Perry, D. Q. Stell ; Craw- ford, Hans Smith ; Crittenden and Mississippi, G. W. Under- bill ; Franklin and Scott, J. F. Gaines ; Hempstead, H. P. Poin- dexter; Hot Spring, Saline and Montgomery, S. W. Rayburn; Independence, John Miniken ; Izard, Van Buren and Fulton, J. C. Gaines; Jackson, White and Monroe, D. Maxwell; Johnson, M. Rose; Lawrence, _ ; Marion and Searcy, J. D. Shaw; Ouachita and Clark, B. W. Pearce; Phillips, W. K. Sebastian ; Pope and Yell, J. Williamson ; Pulaski and Perry, T. W . Newton ; Randolph and Green, William Black ; Sevier, Lafayette and Pike, J. W. McKean; St. Francis and Poinsett, S. L. Austell; Washington, Robert McCamy and J. D. Mayfield. Those elected to the house were : Arkansas county, Harris Cross ; Benton, J. H. Hammock, William Thompson ; Bradley, Josiah Gould; Carroll, S. S. Matlock, J. W. Turman; Chicot, Wilford Garner; Clark, E. B. Kirby, William Gentry; Conway, Richard Griffin, A. Kuykendall ; Crawford, Eli Bell, R. S. C. Brown, G. W. Clarke; Crittenden, Thomas M. Collins; Desha, Isaiah Hoi comb ; Franklin, O. B. Alston, F. Dunn ; Fulton, Lewis R. W r ells; Greene, G. B. Croft, J. M. Mitchell; Hemp- stead, Tyra Hill, James P. Jett; Hot Spring, Moses R. Woods; Independence, Henry Neill, Charles F. M. Noland, John C. Brickey ; Izard, Daniel Jeffry ; Jackson, G. W. Cromwell, W. H. Bennett ; Jefferson, Jordan M. Embree ; Johnson, W. M. H. New- ton, Samuel Farmer, Samuel Turner ; Lafayette, James Abraham ; Lawrence, W r . H. Marshall, James Childers, Samuel Robinson; Madison, Joseph Dennis, J. F. Wright, George W. Forrest; Marion, Nathan Clements ; Monroe, Lewis B. Tully ; Montgomery, 50 OUTLINE OF EXECUTIVE . Granville Whittington ; Mississippi, Elliott H. Fletcher ; Ouachita, Thomas Woodward; Perry, Nathaniel King; Phillips, Bailey Kendall, E. Burke; Pike, Elisha Kelly; Poinsett, James Scott; Polk, Edward L. Pryor; Pope, J. B. Annis, James Bruton; Pulaski, Charles. P. Bertrand, Richard Eletcher, Peter T. Crutch- field; Randolph, J. B. Anthony, B. J. Wiley; Saline, Green B. Hughes ; Scott, Edward A. Featherston ; Searcy, Samuel Leslie ; Sevier, C. Pettigrew, C. P. Williams ; St. Francis, F. E. Patrick, William H. Patterson ; Union, Albert Rust ; Van Buren, Luke Grimes; Washington, R. Bucfianan, J. Billingsley, R. A. Sharp, M. Stout, Isaac Murphy; White, Thomas J. Lindsay; Yell, Theo- dore P. Sadler. They met in regular session November 2, 1846. William K. Sebastian was elected president of the senate; John M. Ross, secretary. Albert Rust was speaker of the house; Jonas M. Tebbets, clerk. The session lasted until December 23, 1846. On November 9, 1846, the two houses in joint session re- elected to the United States Senate Chester Ashley, whose term was due to expire March 4, 1847. There were six candidates for the senate : Chester Ashley received fifty-seven votes ; Archibald Yell, nineteen ; William K. Sebastian, twelve ; Charles F. M. Noland, three; Absalom Fowler and H. F. Thompson, one each. Ashley, who received a majority of all the votes in the General Assembly, was elected therefore for the regular term of six years beginning March 4, 1847. The matter of greatest concern considered by the General Assembly of 1846 was the question of state finance. In his open- ing message , Governor Drew declared that the financial condi- tion of the state presented a "truly dark picture," which called for manly treatment. The state, he said, had received from all sources of revenue for the two fiscal years ending October 1, 1846, $51,918.42, of which $7,381.99 was paid in specie and the rest in depreciated bank notes, worth only a few cents on the dollar. The first General Assembly, said he, had established the State Bank with the idea that once the bank was put in suc- cessful operation the people might then be freed from the bur- den of taxation altogether. Under that impression, the tax levy had been fixed, during the special session of 1837-38, at one- eighth of one per cent and, until the banks should have declared AND LEGISLATIVE HISTORY 51 a sufficient dividend to pay for the maintenance of the state gov- ernment without additional taxation, drafts were authorized to be drawn upon the surplus revenue, which the 'United States had lent to the state. "It appears," said the Governor, "to have been doubted at the time whether one-eighth of one per cent would be sufficient to meet the current expense of the state govern- ment, as the provision for drawing upon the surplus revenue affords abundant evidence. The rapid withdrawal of this sur- plus revenue, in amounts from $40,000 to $60,000 annually, to supply a deficiency so great, without any regard to its reimburse- ment, soon deprived the bank of the use of that deposit, upon which she must have based at least one million of her circula- tion, which, with other very palpable causes, produced the destruction of that institution." In view of Governor Drew's stress ?of the necessity for such action, the General Assembly passed a new revenue law, which was intended to increase the amount of the public revenue. They also passed an Act changing the mode of voting at general elections from viva voce to the written or printed ballot. By another Act they incorporated the Masonic Grand Lodge of Arkansas. (See High Lights.) The penitentiary was destroyed by fire on August 5, 1846, and the Assembly passed an Act which provided for its rebuilding, at a cost not to exceed ten thousand dollars. Seventh General Assembly Members of the seventh General Assembly were elected August 7, 1848. The senate was composed of five Whigs and twenty-one Democrats. Of those elected to the house, fifty-five were Democrats and nineteen were Whigs. The members of the senate were : Arkansas, Jefferson and Desha counties, R. G. Byrd ; Benton and Madison, J. B. Dick- inson ; Carroll and Newton, W. C. Mitchell ; Chicot, Bradley and Drew, Josiah Gould; Crawford, G. W. Clarke; Crittenden and Mississippi, G. W. LTnderhill ; Franklin and Scott, S. H. Chism ; Hempstead, H. P. Poindexter; Hot Spring and Montgomery, S. W. Rayburn ; Independence and Izard, J. A. Watkins ; Jack- son, White and Conway, D. Maxwell ; Johnson, W. A. McCloin ; Lawrence and Fulton, A. A. Simpson; Ouachita and Clark, H. Flannagin; Phillips and Monroe, Elisha Burke; Pope and Yell, J. Williamson ; Pulaski, C. W. Wilson ; Saline and Perry, H. M. 52 OUTLINE OF EXECUTIVE Rector; Searcy and Marion, J. D. Shaw; Sevier, Polk and Lafayette, A. J. Armstrong; St. Francis and Poinsett, S. L. Aus- tell ; Union, J. R. Hampston ; Washington, J. E. Mayfield, A, McCamy. Those elected to the house were : Arkansas county,- Lewis Refeld; Benton, J. H. Hammock, W. H. Howell ; Bradley, Robert Edrington ; Carroll, T. Haskins, G. Greer ; Chicot, James Sin- gleton ; Clark, J. H. Crow; Conway, J. Gordon, H. H. Higgins; Crawford, G. J. Clark, D. C. Brice, T. E: Wilson; Crittenden, Thos. M. Collins ; Dallas, William F. Smith ; Desha, Thompson B. Flournoy; Drew, Wilford Garner; Franklin, F. Dunn, G. C. Sadler ; Fulton, Lewis R. Wells ; Hempstead, J. S. Cannon, C. B. Mitchell ; Hot Spring, Moses R. Woods ; Independence, H. C. Dye, D. C. Montgomery ; Izard, Thomas Riggs ; Jackson, James Robinson ; Jefferson, Ambrose Hudgins ; Johnson, John H. vStrong, S. Farmer ; Lafayette, David H. Dickson ; Lawrence, W. N. Marshall, S. Robinson ; Madison, John Berry, John Gage ; Marion, John H. Deeds; Mississippi, Elliott H. Fletcher; Mon- roe, Phillip Costar; Montgomery, James Hudson; Newton, Isaiah Dodson ; Ouachita, A. A. Smith, E. A. Warren ; Perry, William Russell; Phillips, John Martin, W. E. Preston; Pike, William Gilmore; Poinsett, Benj. Harris; Polk, Edward H. Featherston; Pope, J. M. Shinn, J. J. Stirman ; Prairie, James Erwin ; Pulaski, C. P. Bertrand, F. W. Trapnall ; Randolph, B. R. Baker, J. Bum- pass; Saline, W. M. Scott, William Hensley; Scott, Milton Gil- breath ; Searcy, Samuel Leslie ; Sevier, Allen T. Pettus ; St. Francis, P. T. Hill, M. W. Izard; Union, M. Kesse, J. Reynolds, Shelton W T atson; Van Buren, David Maddox; Washington, J.. Billingsley, J. Enyard, I. Murphy, J. Thompson, A. M. Wilson; White, Perry Moore ; Yell, R. Nettles, W. J. Parks. They met in regular session November 4, 1848. Richard C. Byrd was elected president of the senate; John M. Ross, secre- tary. Edward A. Warren was speaker of the house ; Jonas M. Tebbetts, clerk. The session lasted until January 10, 1849. In his message Governor Drew said of the new revenue law, passed at the session of 1846, that it had re-established the credit of the state. The total receipts under its operation during the past two years was $144,850.73. This was an increase in revenue of $92,932.31 over the preceding biennial period. Thus the state AND LEGISLATIVE HISTORY 53 had been able to redeem and cancel $22,037.55 in outstanding warrants, besides paying the current expenses of the government. Of the general laws passed, the following were the most im- portant: An Act providing for the holding of presidential elec- tions thereafter on Tuesday after the first Monday in Novem- ber, so as to conform to the general custom followed in other states ; an Act for the distribution among the counties of the funds arising from the sale of the 500,000 acres of land set aside by the United States for internal improvements, and another dividing the funds from the sale of the seminary lands among the counties and providing for the establishment of a system of common schools. (See High Lights.) This General Asembly held three elections for United States Senator one to fill the unexpired term of Ambrose H. Sevier, who had resigned early in the year to assist in securing the rati- fication of the Treaty of Guadalupe Hidalgo by the Mexican Government; one to fill the unexpired term of Chester Ashley, whose death occurred on April 29, 1848; and one for the full term of six years beginning on March 4, 1849. To succeed Senator Sevier four candidates were placed in nomination. On the first ballot Sevier received thirty-six votes; Solon Borland, forty-one; Charles F. M. Noland, eighteen, and John Miller one. Eight ballots were taken without change ; then Mr. Sevier s name was withdrawn, and on the ninth ballot Bor- land was elected, receiving seventy-four votes to nineteen for Noland and two for Grandison D. Royston. This term ended on March 4, 1849. William S. Oldham, Samuel H. Hempstead, William J. Sebas- tian, Grandison D. Royston and Thomas W. Newton were nom- inated for the unexpired term of Senator Ashely. On the first ballot Oldham received thirty-six votes ; Sebastian, twenty-one ; Newton, eighteen; Hempstead, eleven, and Royston ten. Sebas- tian was elected on the sixth ballot, receiving forty-nine votes ; Oldham received thirty-six ; Royston, ten, and Absalom Fow- ler one. On November 27th the two houses met in joint session to -elect a senator for the full term of six years. The names of 54 OUTLINE OF EXECUTIVE Ambrose H. Sevier, Solon Borland, Lorenzo Gibson and Thomas S. Drew were placed before the Assembly as nominees. Before the balloting began the name of Mr. Sevier was withdrawn. Thomas S. Drew received nine votes; Gibson, fifteen, and Bor- land seventy-one. Major Borland was declared elected. AND LEGISLATIVE HISTORY 55 JOHN SELDEN ROANE GOVERNOR, APRIL 19, 1849 NOVEMBER 15, 1852 In November, 1848, Thomas S. Drew, who in August before had been elected governor for a second term of four years, announced his purpose to resign the governorship at the close of the session of the General Assembly. He gave as a reason for his resignation that the salary was .too small. On January 10, 1849, when Drew's resignation went into effect, he was succeeded by Richard C. Byrd, president of the senate, who became acting governor. Soon after taking the office, Byrd issued a proclama- tion calling a special election for the choice of a governor. The election was held on March 14, 1849. There were two candi- dates nominated for the office John Selden Roane by the Dem- ocrats, and Cyrus W. Wilson by the Whigs. In a total of 6,545 votes cast, Roane received a majority of 89. Accordingly, he was inaugurated governor on April 19, 1849. John Selden Roane, the fourth governor of the State of Arkansas, was born near Lebanon, Tennessee, January 8, 1817. He attended school at Princeton, Kentucky, and in 1837 came to Arkansas, locating at Pine Bluff. About five years later he removed to Van Buren. In 1844 he was elected one of the rep- resentatives from Crawford county to the General Assembly, and was chosen speaker of the house. When President James K. Polk called for volunteers for the Mexican War, Roane enlisted as captain of the "Van Buren Aven- gers" and was mustered into the service of the United States at Washington, Arkansas, as lieutenant-colonel of the First Arkan- sas Volunteer Cavalry, of which Archibald Yell was chosen colonel. At the battle of Buena Vista, where Yell was killed and the regiment thrown into confusion, Lieutenant-Colonel Roane promptly took command, rallied the men and turned what looked like certain defeat into victory. After the war was over he re- turned to Pine Bluff, where he lived when he was elected gover- nor in 1849. He served as governor from 1849 until the meet- ing of the General Assembly of 1852. In the spring of 1861. he was active in raising troops and was commissioned brigadier- general in the Confederate army. As such he rendered efficient service in the organization of the Trans-Mississippi Depart nent. He died at Pine Bluff on April 8, 1867. 56 OUTLINE OF EXECUTIVE On July 5, 1855, Governor Roane was united in marriage with Miss Mary K. Smith, daughter of Nathaniel G. Smith, of Dallas county. Four children one son and three daughters were born to this union. Eighth General Assembly- Members of the eighth General Assembly were elected Aug- ust 5, 1850. The senate was composed of twenty-one Demo- crats and four Whigs. Of those elected to the house, fifty-one \vere Democrats and twenty-three were Whigs. The members of the senate were : Arkansas, Jefferson and Desha counties, N. B. Burrow ; Benton and Madison, J. Berry ; Carroll and Newton, William C. Mitchell ; Chicot, Ashley, Drew and Bradley, T. N. Byers ; Comvay, Jackson and White, F. De- Shough ; Crawford, George W. Clarke ; Crittenden and Missis- sippi, G, W. Underbill; Dallas and ( Hiachita, A. S. lluey ; Hemp- stead and Pike, H. P. Poindexter ; Hot Spring/Clark and Mont- gomery, J. H. Crow ; Independence and Izard, J. D. Watkins ; Johnson, W. -McChiin ; Lawrence and Fulton, A. A. Simpson; Marion, Searrv and Van Buren, 11. S. Maxwell; Phillips and Monroe, Flisha Burke; Pope and Yell, John Williamson; Pulaski and Prairie, Richard Fletcher; Randolph and Greene, James Ellis; Saline and Perry, H. M. Rector; Scott and Franklin, S. H. Chism ; Sevier, Polk and Lafayette, S. McNeeley ; St. Francis and Poinsett, Mark \\ . I/:ard; Union, J. R. Hampton; Wash- ington, R. McCamy, J. Billingsley. Those elected to the house were: Arkansas county, A. H. Ferguson; Benton, D. Chandler, J. Jackson; Bradley, H. F. Bailey; Carroll, B. W. Avers, T. Denton ; Chicot, Ju'iK'S Single- ton ; Clark, B. M. Hart ; Conway, E. W. Adams, J. Gordon ; Crawford, A. Martin, W. Russell, Jr., Harvey Stewart ; Critten- den, T. H. Bradley; Dallas, George C. Eaton; Desha, T. B. Flournoy; Drew, Hugh Rogers; Franklin, G. E. Miller, J. J. Walker ; Fulton, Sam Billingsley ; Greene, A. L. Stewart ; Hemp- stead, E. Kinsworthy, W. Sissell ; Hot Spring, S. A. Emerson, Independence, H. W. Baker, S. J. Trimble ; Izard, S. E. Rosson ; Jackson, J. G. Witherspoon ; Jefferson, T. S. James ; Johnson, O. Basham, S. Farmer; Lafayette, Val Sevier; Lawrence, A. J. Har- din ; Madison, G. W r . Forrest, P. M. Johnson ; Mississippi, E. H. AND LEGISLATIVE HISTORY 57 Fletcher; Monroe, R. Pyburn ; Montgomery, H. A. Whittington ; Newton, Isaiah Dodson ; Ouachita, T. Armstrong, T. Woodward ; Perry, Edward Simpson ; Phillips, W. E. Preston, J. C. Tappan ; Pike,. William Gilmer; Poinsett, Benjamin Harrison; Polk, A .G. Atkins; Pope, J. G. Bruton, C. E. Tobey ; Prairie, B. T. Embry ; Pulaski, D. W. Carroll, F. W. Trapnall ; Randolph, H. McElroy, William Mitchell; Saline, J. M. Willis, D. Dodd; Scott, Charles Cauthron; Searcy, Sam Leslie; Sevier, R. V. R. Greene; St. Francis, C. Caldwell, F. E. Patrick ; Union, L. Murph, C. L. McRae, Shelton Watson ; Van Buren, J. L. Lafferty ; Washing- ton, G. B. Anderson, L. C. Blakemore, G. Cline, J. M. Tebbetts, T. Wilson ; White, P. A. Moore ; Yell, R. Nettles, T. P. Sadler. They met in regular session November 4, 1850. John R. Hampton was elected president of the senate ; John M. Ross, secretary. T. B. Flournoy was speaker of the house; Benjamin T. DuVal, clerk. The session lasted until January 13, 1851. The ElDorado Female Academy, the Tulip Female Colege, the Arkansas Military Institute and the Cane Hill Collegiate Institute were incorporated by the eighth General Assembly. The common school and revenue laws were amended; the Inde- pendent Order of Odd Fellows was incorporated; an Act was passed which provided for the erection of a monument to Archi- bald Yell and other Arkansas soldiers who fell in the Mexican War. This Act authorized the clerk and sheriff in each county of the state to solicit and receive donations to the monument fund, pay all money to and deposit the lists of subscribers with the state treasurer, and the governor was directed to appoint three persons to select a site on 'the capitol grounds and super- vise the building of the monument. But for some reason the monument was never erected. OUTLINE OF EXECUTIVE ELIAS NELSON CONWAY GOVERNOR, NOVEMBER 15, 1852 NOVEMBER 15, 1860 Flias N. Conway, fifth governor of the State of Arkansas, was born in Greene county, Tennessee, May 17, 1812, the youngest son of Thomas and Ann (Rector) Conway. Elias was a moral, studious lad, but never prepared himself for any par- ticular profession. When he was about six years of age his parents removed to St. Louis and later to Saline county, Mis- souri. After attending Alon'zon Pearson's school, in Howard county, and the Bonne Femme Academy, in Boone county, he decided to seek his fortune in Arkansas. In 1834 he was ap- pointed United States deputy surveyor and assigned to work in Benton and Washington counties. He was elected territorial auditor by the General Assembly, October 12, 1835, which office he held until the State was admitted into the Union in 1836. He was then elected auditor of state and held that office until Jan- uary 3, 1849, with the exception of a few weeks in 1841. On November 15, 1852, he was inaugurated governor. He was re-elected in 1856. Having served out his second term, he is the only governor in the history of the state who has held the office for eight consecutive years. One of his contemporaries said of him shortly after his death : "Governor Conway was characterized by uprightness, honesty, faithfulness and accu- racy in business. His was the most economical administration that ever was or ever will be in Arkansas. He was very careful of every dollar expended, When the war came up, at the close of his eight years' administration, the treasury was full of money. He left more impression upon the State than did any of his pre- decessors. For eight years he was the government. The Legis- lature followed his advice in all financial matters. Of the later governors, only Garland has surpassed him in control over the Legislature." In 1860, upon his retirement from the office of governor, he gave up all active participation in public affairs and became prac- tically a recluse His little cottage, on Third street near Scott, in the City of Little Rock, was always open to his friends, though he rarely repaid visits or appeared in public. One of the occa- sions when he broke his life of seclusion was to attend the funeral of his old friend and former private secretary, Richard H. John- AND LEGISLATIVE HISTORY 59 son. There he appeared in the old-fashioned, high-buttoned waistcoat, long, black frock coat, with clean shaven face, and dignified demeanor a veritable ghost of bygone days. Governor Conway stood almost six feet high and had a dark complexion. He was not a stump speaker, but was a politician of the old school- -one of those who believed that a man was unfit for high office unless he was well enough known to be elected without going about begging for votes. It is said that he never took a drink of intoxicating liquor, never won or lost a dollar on a game of cards, a horse race, or any other. form of gambling, and that he never took a man into a saloon to treat him to a drink. Yet he commanded the respect of gamblers and saloon keepers, many of whom voted for him because they had confidence in his ability and integrity. On the other hand, he never joined any church, never was a member of a temperance society, but among his friends and supporters were hundreds of the most active church workers in Arkansas. He enjoyed the society of the ladies, for whom he had a great admiration, though he never married. His death occurred on February 28, 1892. Ninth General Assembly Members of the ninth General Assembly were elected August 2, 1852. There were nineteen Democrats and six Whigs in the senate. Of those elected to the house, fifty-three were Demo- crats and twenty-one were Whigs. The members of the senate were: Arkansas, Jefferson and Desha counties, N. B. Burrow ; Benton and Madison, J. Berry ; Calhoun and Ouachita, A. S. Huey ; Carroll and Newton, W. C. Mitchell ; Chicot, Ashley and Drew, W. M. Harrison ; Conway, Jackson and White, F. DeSough ; Clark and Montgomery, M. Boseman ; Crawford and Sebastian, George W. Clarke; Crit- tenden and Mississippi, ' G. W. Underbill ; Dallas and Bradley, B. C. Harley; Hempstead and Pike, H. P. Poindexter; Hot Spring and Saline, George W. Henson ; Independence and Izard, D. J. Chapman; Johnson, Moreau Rose; Lawrence and Fulton, W. E. Davidson; Marion, Searcy and Van Buren, H. S. Max- well; Phillips and Monroe, T. B. Hanley ; Pope and Yell, G. LeMoyne; Pulaski, Prairie and Perry, R. Fletcher; Randolph and Greene, James Ellis ; Scott and Franklin, Jesse Miller ; Sevier, Lafayette and Polk, B. F. Hawkins; St. Francis and 60 OUTLINE OF EXECUTIVE Poinsett, M. W. Izard; Union, J. R. Hampson; Washington, John Billingsley. Those elected to the house were : Arkansas county, A. G. Ferguson ; Ashley, Thomas B. Savage ; Benton, J. H. Hammock, W. J- Howard; Bradley, W. D. Barnett; Calhoun, William S. Thornton; Carroll, John H. Brittain, T. Denton ; Chicot, James S. Peek; Clark, A. B. Clingman, J. L. Witherspoon; Conway, A. Hays, J. Ouindley; Crawford, A. Morton, J. D. Shannon; Crit- tenden, J. A. Lovejoy; Dallas, S. A. Sanders; Desha, Shelby W. Wilson; Drew, W. D. Crook; Franklin, J. T. Turner; Fulton, S. H. Talbert; Greene, P. K. Lester; Hempstead, B. P. Jett, T. H. W. Maddox; Hot Spring, John G. Halliburton; Indepen- dence, W. C. Bevens, F. W. Desha, J. H. Saffold; Izard, Thomas Black; Jackson, James. Robinson ; Jefferson, A. D. Horseley ; Johnson, O. !>asham, V. Wallace; Lafayette, James H. Caruthers ; Lawrence, W. N. Marshall, G. P. Nunn ; Madison, P. M. Johnson, A. Wood; Marion, J. A. Wilson; Mississippi, Thomas J. Blackmore ; Monroe, Francis P. Redmond; Mont- gomery, R. S. McFarlane ; Newton, G. B. Cecil ; Ouachita, J. T. Bearden, J. 1'.. Rumph ; Pcry, - - Atchison ; Phillips, G. Jeff- ries, A. Wilkins; Pike, Samuel Kelly; Poinsett, Lewis H. Sut- fin; Polk, J. T. Hayden ; Pope, J. S. Bowden, James Hurton: Prairie, B. C. Totten; Tulaski. W. E. Ashley, B. F. Danley ; Ran- dolph, H. Mcllroy ; Saline, James F. Fagan ; Scott, M. Gilbreath ; Searcy, John Campbell ; Sebastian, S. M. Rutherford ; Sevier, A. T. Pettus ; St. Francis, C. Caldwell, C. L. Sullivan ; Union, T. Bustian, A. T. Raney, D. Ross, A. Rust; Van Buren, J. B. Lewis ; Washington, G. Cline, W. N. Bowers, S. R. Moulden, Thomas Wilson ; White, William Norman ; Yell, D. F. Huckaby. They met in regular session November 1, 1852. Thomas B. Hanley was elected president of the senate ; John M. Ross, secre- tary. Benjamin P. Jett was speaker of the house; James H. Hobbs, clerk. The session lasted until January 12, 1853. The General Assembly of 1852 was committed to some plan of action which promised a settlement of the affairs of the Real Estate Bank. Accordingly they passed an Act to regulate the manner of bringing suits against the State to enforce the pav- ment of the bonds which the state had issued in favor of the bank. They also passed an Act directing the attorney-general AND LEGISLATIVE HISTORY 61 to bring an action in Chancery Court to dispossess the self- appointed board of trustees, who, for ten years, had successfully resisted all efforts on the part of the State to investigate and regulate the affairs of the bank. (See High Lights.) The United States Census of 1850 showed the population of Arkansas to be 209,897, which entitled the state to two repre- sentatives in Congress. An Act was therefore passed by the ninth Legislature dividing the State into two congressional dis- tricts, to-wit : First District The counties of Benton, Carroll, Conway, Crawford, Crittenden, Franklin, Fulton, Greene, Independence, Izard, Jackson, Johnson, Lawrence, Madison, Marion, Missis- sippi, Monroe, Newton, Phillips, Poinsett, Pope, Randolph, St. Francis, Searcy, Van Buren, Washington and White. Second District The counties of Arkansas, Ashley, Bradley, Calhoun, Chicot, Clark, Dallas, Desha, Drew, Hempstead, Hot Spring, Jefferson, Lafayette, Montgomery, Ouachita, Perry, Pike, Polk, Prairie, Pulaski, Saline, Scott, Sebastian, Sevier, Union and Yell. During this session five railroad companies received char- ters, viz : The Arkansas Western, the Arkansas Central, the Cairo and Fulton, the Napoleon & Little Rock, and the Missis- sippi Valley. The Memphis & Little Rock Plank Road Company was also given the privilege of building a railroad, if the directors found it expedient. They also incorporated the Mine Creek Male and Female College, Cane Hill Female Seminary, Oil Trough Academy, Arkansas College, the Boston Male and Female College, Makemie College and Lacy Female Academy. Tenth General Assembly- Members of the tenth General Assembly were elected August 7, 1854. The senate was composed of seven Whigs and eighteen Democrats. Of those elected to the house, seventeen were Whigs and fifty-eight were Democrats. Tlie members of the senate were : Arkansas, Jefferson and Desha counties, A. H. Ferguson; Benton and Madison, John Berry; Carroll and Newton, John McCoy; Chicot, Ashley and Drew, W. M. Harrison ; Clark and Montgomery, W. F. S. Bark- 62 OUTLINE OF EXECUTIVE man ; Conway, Jackson and White, W. S. Keith ; Crawford and Sebastian, - J. J. Green; Crittenden and Mississippi, T. B. Craig- head; Dallas and Bradley, B. C. Harley; Hempstead and Pike, P. R. Booker; Hot Spring and Saline, G. W. Hinson; Indepen- dence and Izard, D. J. Chapman; Johnson, Monreau Rose; Law- rence and Fulton, W. H. Judkins ; Marion, Searcy and Van Buren, C. Coker; Ouachita and Calhoun, J. H. Scoggin; Phil- lips and Monroe, T. B. Hanley; Pope and Yell, G. W. Lemoyne; Pulaski, Prairie and Perry, B. C. Totten ; Randolph and Greene, W. R. Cain; Scott and Franklin, Jesse Miller; Sevier, Lafayette and Polk, F. B. Hawkins ; St. Francis and Poinsett, W. A. Jones ; Union, J. H. Askew ; Washington, John Enyart. Those elected to the house were: Arkansas county, Sam Mitchell ; Ashley, John R. Allen ; Benton, M. Douglass, A. Whin- nery; Bradley, Robert Edrington; Calhoun, J. J. Harris; Car- roll, Bradley Bunch, John Hagin ; Chicot, William J. Neely; Clark, J. E. M. Barkman, A. B. Beale ; Conway, A. Gordon, J. J. Jones ; Crawford, J. M. Brown, A. Morton ; Crittenden, James F. Barton ; Dallas, William T. M. Holmes ; Desha, Solon B. Jones ; Drew, William G. Guice ; Franklin, Gaddis E. Miller ; Fulton, Strother E. Burgess ; Greene, James K. Norsworthy ; Hempstead, H. Bishop, J. S. Cannon; Hot Spring, E. C. Jones; Independence, E. Baxter, F. W. Desha, D. C. Montgomery; Izard, John A. Beck ; Jackson, W. K. Patterson ; Jefferson, George C. Tuley ; Johnson, H. G. Butts, J. G. Watson ; Lafayette, Alexander Byrne ; Lawrence, G. R. Jones, G. P. Nunn ; Madi- son, P. M. Johnson, A. Wood ; Marion, W. P. Flippin ; Missis- sippi, Joseph C. Harding; Monroe, Francis P. Redmond; Mont- gomery, W. Stringfellow ; Newton, William Ramsay ; Ouachita, C. H. Thome, W. S. Wade ; Perry, Levin D. Hill ; Phillips, R. B. Maxon, W. D. Rice; Pike, W. B. Gould; Poinsett, A. T. Pur- year ; Polk, William Jernigan ; Pope, James Bruton, William D. Poe; Prairie, E. M. Williams; Pulaski, H. M. Rector, Joseph Stillwell ; Randolph, W. R. Hunter ; Saline, A. R. Hockersmith ; Scott, James Logan; Searcy, Samuel Leslie; Sebastian, Samuel Edmondson; Sevier, Charles Pettigrew ; St. Francis, S. L. Aus- tell, J. W. Calvert ; Union, B. R. Matthews, G. Newton, W. E. Powell, John Prince; Van Buren, Jesse Witt; Washington, L. Gregg, S. R. Mouldin, B. H. Smithson, Thomas Wilson; White, John Terry; Yell, B. J. Jacoway. AND LEGISLATIVE .HISTORY 63 They met in regular session November 6, 1854. B. C. Har- ley was elected president of the senate ; W. L. D. Williams, sec- retary. Samuel Mitchell was speaker of the house; James H. Hobbs, clerk, The session lasted until January 22, 1855. For some reason the attorney-general refused or failed to comply with the Act of 1852 by which he was directed to bring suit in Chancery Court to take control of the affairs of the Real Estate Bank out of the hands of the self-styled board of trustees. After waiting for some time, the Governor had employed special attorneys to file the suit. Still the business was delayed, and finally the state auditor resigned his office rather than furnish the information necessary for the prosecution of the suit. Thus the trustees were still in control of the bank when the General Assembly met in 1854. And, at the suggestion of Governor Conway, the Assembly now passed an Act creating a separate Court of Chancery for the purpose of effecting a settlement of the affairs of the Real Estate Bank. This court appointed a receiver for the bank, to whom the trustees were forced finally to turn over the property and records of the bank. Thus' the State, during the next six years of Governor Conway's adminis- tration, was able to apply the assets of the bank towards the redemption of part of the bonds issued by. the State in favor of the bank. This General Assembly granted certain lands to the Cairo & Fulton Railroad Company for the construction of its main line .and branches ; the Little Rock & Fort Smith & Missis- sippi Railroad Company, and the Ouachita & Red River Railroad Company were incorporated. On July 6, 1853, Governor Conway had appointed Robert. W. Johnson United States Senator to succeed Solon Borland, who had resigned. The General Assembly of 1854 elected Johnson to fill out the unexpired term and to a full term of six years, beginning March 4, 1855. Eleventh General Assembly Members of the eleventh General Assembly were elected August 4, 1856. In 1856, with but few exceptions, what had been the Whig party in Arkansas joined a new national politi- cal party known as the Know Nothings. Thus, in the election of that year, Governor Conway was opposed for re-election by 64 OUTLINE OF EXECUTIVE lames Yell, who was the candidate of the Know Nothings. Con- way defeated Yell by nearly two to one, though the Know Noth- ings elected almost as many members of the General Assembly as the old Whig party had been accustomed to elect. In the senate there were twenty Democrats to five Know Nothings. Of those elected to the house, sixty-five were Democrats and nine were Know Nothings. The members of the senate were : Arkansas, Jefferson and Desha counties, A. H. Ferguson ; Benton and Madison, I. Mur- phy; Carroll and Newton, \Y. W. Watkins ; Chicot, Drew and Ashley, R. M. Gaines ; Clark and Montgomery, W. F. S. Bark- man ; Conway, Pery and Yell, J. I. Stirman ; Crawford and Franklin, J. P. Humphrey; Crittenden and Mississippi, T. B. Craighead ; Dallas and Bradley, John R. Hampton; Hempstead and Pike, G. D. Royston; Independence, J. S. Trimble; Johnson and Pope, W. W. Floyd ; Lawrence and Fulton, \Y. B. Marshall ; Ouachita and Calhoun, J. H. Scoggins ; Phillips and Monroe, F. P. Redman ; Pulaski and Prairie, B. D. Totten ; Randolph and Greene, William R. Cain ; Saline, Hot Spring and Mont- gomery, W. H. Hammond ; Searcy and Marion, Calvin Coker ; Sebastian and Scott, Green J. Clark ; St. Francis and Poinsett, William A. Jones; Union, J. H. Askew ; Van Buren and Izard, S. E. Blosson; Washington, J. Enyart ; White, Jackson and Con- way, William S. Keith. Those elected to the house were : Arkansas county, Samuel Mitchell; Ashley, John Hill; Benton M. Douglas, T. Quarles; Bradley, Mason B. Lowery ; Calhoun, H. W. Ashley; Carroll, B. W. Ayres, B. Bunch; Chicot, Nathan Ross; Clark, A. B. Beall, W. C. Gentry ; Conway, James P. Venable ; Columbia, J. C. C. Moss, E. C. Turner; Crawford, R. C. Oliver, M. B. West; Crittenden, Henry B. Edmondson ; Dallas, James M. Lee ; Desha, John Patterson; Drew, William D. Trotter; Franklin, William M. Mansfield; Fulton, James Estis; Hempstead, D. Griffin, D. Block ; Hot Spring, Lemuel A. ^ook ; Independence, D. C. Mont- gomery, J. W. Butler, M. H. Jackson ; Izard, Miles Jeffrey ; Jackson, A. L. Yancey ; Jefferson, Thomas F. James ; Johnson, W. M. H. Newton, H. G. Wilson; Lafayette, Lewis B. Fort; Lawrence, Lacy S. Bobo, L. Williams, James Childers ; Madison, G. W. Forests, J. S. Polk ; Marion, D. C. Williams ; Mississippi, Thomas M. Harding; Monroe, Oliver H. Oates ; Montgomery, AND LEGISLATIVE HISTORY 65 Henry Heffington; Newton, Samuel Hudson; Ouachita, N. S. Graves; S. T. Abbott; Perry, Levi D. Hill; Phillips, Francis H. Moody; Pike, Elijah Kelley; Poinsett, B. Harris; Polk, Samuel Gray; Pope, W. A .Barker, J. S. Bowden; Prairie, William L. Moore; Pulaski, L. Gibson, S. W. Williams; Randolph, W. R. Hunter; Saline, L. H. Bean; Scott, J. F. Lee; Searcy, Joseph Stephenson ; Sebastian, Samuel Edmondson, R. H. McConnell ; Sevier, Charles Pettigrew ; St. Francis, J. W. Calvert, Joseph T. Harrison ; Union, Shelton Watson, Green Newton, D. L. Kil- Gore : Van Buren, Gilbert Cottrell ; Washington, John Billings- ley, Ben F. Boone, William T. Neal ; White, Ben Johnson ; Yell, William J. Parks. They met in regular session November 3, 1856. John R. Hampton was elected president of the senate; John D. Kimbell, secretary. Samuel Mitchell was speaker of the house ; Samuel M. Scott, clerk. The session lasted until January 15, 1857. As shown by his message, the administration of Governor Conway had been a remarkable financial success. There was not only money in the state treasury, but a very considerable part of the millions of dollars owed by the State on account of the bonds issued long ago for the State and Real Estate Banks had also been paid, as a result of Conway's good management. On October 1, 1856, as the Governor's message showed, "there re- mained in the state treasury, subject to be used for the ordinary expenses of the Sate, the sum of $142,154.22, in gold and silver; and that all the Arkansas treasury warrants ever issued had been redeemed, except $198.00 not presented for payment. * * * During the two years ending with the 30th of September, 1856, there were cancelled and filed with the state treasurer bonds of this State which had been issued to and sold by the 'Bank of the State of Arkansas,' amounting, with interest, to $333,146.28, and 370 bonds, with many coupons for interest on such bonds, which had been issued to the 'Real Estate Bank of the State of Arkansas,' making for the bonds and interest $755,507.10; show- ing that $1,088,653.38 of the State debt, on account of the two banks, were cancelled and filed (as fully paid off) during the two years ending with the 30th of September, 1856." The most important general Acts passed in 1856 were: An Act providing for a geological survey; another authorizing the 66 OUTLINE OF EXECUTIVE Governor to sell the executive mansion at Little Rock, and another granting a charter to the Memphis St. Louis Railroad Company. Twelfth General Assembly- Members of the twelfth General Assembly were elected August 2, 1858. By 1858 the Democrats were the only organized political party in Arkansas. The Democratic candidates of that year, who had opposition, wer.e opposed, for the most part, by candidates who claimed to be independent. The Know Noth- ings, it seems, elected only three or four members of the Gen- eral Assembly, and, as the editor of the True Democrat remarked, "in each case by a scratch." The members of the senate were : Arkansas, Jefferson and Desha counties, Thomas Fletcher; Benton .and Madison, M. Douglass ; Carroll and Newton, W. W. Watkins ; Chicot, Drew and Ashley, R. M. Gaines ; Clark, Polk and Pike, A. A. Penning- ton; Conway, Perry and Yell, J. I. Stirman ; Crawford and Franklin, J. P. Humphreys ; Dallas and Bradley, J. R. Hampton ; Hempstead, Sevier and Lafayette, A. H. Carrigan ; Indepen- dence. J. S. Thimble ; Johnson and Pope, W. W. Floyd ; Law- rence and Fulton, W. 15. Marshall; Marion and Searcy, D. C. Williams ; Mississippi and Crittenden, T. B. Craighead ; Ouachita and Calhoun, J. P>. McCulloch ; Phillips and Monroe, F. P. Red- mond; Pulaski and Prairie, Francis A. Terry; Randolph and Greene, James F. Davis; Saline, Hot Spring and Montgomery, W. H. Hammond ; Sebastian and Scott, G. J. Clark ; St. Francis and Poinsett, William A. Jones ; Union and Columbia, J. H. Askew ; Van Buren and Izard, S. E. Rosson ; Washington, Byron H. Smithson; White and Jackson, Decius McCreary. Those elected to the house were: Arkansas county, Samuel Mitchell; Benton, R. E. Doak, T. Quarles ; Bradley, W. Y. Mc- Cammon; Calhoun, Willis Robertson; Carroll, B. Bunch, C. C. Gordon; Chicot, J. M. Batchelor ; Clark, H. B. Stewart, A. Weir; Columbia, G. Couch, J. C. C. Moss; Crawford, J. J. Green, S. M. Hayes; Conway, W. W. Edwards; Crittenden, Oliver P._ Lyles; Dallas, Matthew M. O. Duffie; Desha, J. P. Johnson; Drew, C. F. Hemingway ; Franklin, DeRosa Carroll; Fulton, John S. Sraver; Greene, J. S. Anderson ; Hempstead, R. K. Garland, D. Griffin ; Hot Spring, Lemual A. Cook ; Independence, D. Mont- A.N T D LEGISLATIVE HISTORY 67 gomery, Elisha Baxter, Andrew J. Ford; Izard, Miles Jeffrey; Jackson, G. Hammond ; Jefferson, Jordan N. Embree ; Johnson, S. Farmer, W. M. H. Newton; Lafayette, Ethan A. Murphy; Lawrence, J. Childers, L. -Williams, P. S. Roberts; Madison, B. Vaughan, T. Bateman; Marion, J. B. Carlisle; Mississippi, Thomas B. Craighead ; Monroe, Oliver H. Gates; Montgomery, Henry Heffington ; Newton, John McCoy; Ouachita, S. T. Abbott, J. B. Thrower; Perry, Levin D. Hill; Phillips, Thomas C. Anderson ; Pike, Gideon Mason ; Poinsett, David Fitzpatrick ; Polk, Samuel Gray; Pope, W. A. Barker, David West; Prairie, Hamilton Reynolds; Pulaski, J. B. Johnson, William Q. Pen- nington; Randolph, Michael Beshoar ; Saline, William A. Craw- ford; Scott, John H. Forbett; Sebastian, R. H. McConnell, B. T. Duval ; Searcy, Israel Burns ; Sevier, William K. McKean ; St. Francis, Poindexter Dunn, J. C. Johnson ; Union, D. L. Kilgore, Nathan Bussey, D. P. Saxon ; Van Buren, L. R. Venable ; Wash- ington, William T. Neal, Thomas Wilson, Jeremiah Brewster; White, Bracey McRea ; Yell, John A. Jacoway. They met in regular session November 1, 1858. Thomas Fletcher was elected president of the senate; John D. Kimbell, secretary. O. H. Gates was speaker of the house; Samuel M. Scott, clerk. The session lasted until February 21, 1859. The message of Governor Conway was confined almost entirely to a discussion of the financial conditions of the State. He showed that $2,146,484.36 of the bonded indebtedness incur- red on account of the State and the Real Estate Banks had been paid. Of the general Acts passed by the General Assembly the fol- lowing were the most important : An Act prohibiting the eman- cipation of slaves, and another incorporating the Arkansas Insti- tute for the Blind. (See High Lights.) William K. Sebastian was re-elected to the United States Senate for a full term, beginning March 4, 1859. 68 OUTLINE OF EXECUTIVE HENRY MASSIE RECTOR GOVERNOR, NOVEMBER 15, 1860 NOVEMBER 4, 1862 Henry M. Rector, sixth governor of the State of Arkansas, was born in Louisville, Kentucky, May 1, 1816, a son of Elias and Fannie B. (Thurston) Rector. Soon after his birth his parents removed to St. Louis, Missouri, where Elias Rector died in 1822. Subsequently the widow married Stephen Trigg and removed to Saline county, Missouri. Here Mr. Trigg engaged in the manufacture of salt. From trie time he was thirteen until he was seventeen years of age, it was Henry's task to haul wood with an ox team to the salt works. During this time he had no opportunity to attend school, but his mother, who was an edu- cated woman, taught him the rudiments of an English education. In 1833 his Kentucky relatives sent him to Francis God- dard's school in Louisville, where he remained as a student for two years and then came to Arkansas to look after certain lands, which he, as the only surviving child, had inherited from his father. Some of the land in question was part of what is now the Hot Springs Reservation, which had been located upon a New Madrid certificate. Many years were spent in prosecuting this claim against other persons, and finally against the United States Government, but Rector was unsuccessful in his efforts to establish title to his claim. During the years 1839 and 1840 Rector held the position of teller in the Bank of the State of Arkansas. In 1841 he moved to a farm in Saline county, where he began the study of law. From 1843 to 1845 he was United States marshal for the Dis- trict of Arkansas. He was then admitted to the bar and began the practice of his profession in Little Rock, but soon returned to Saline county. In 1848 he was elected State Senator for the district composed of Perry and Saline counties ; was surveyor- general from 1853 to 1857 ; was elected to the lower house of the Legislature from Pulaski county in 1854; and in 1859 was elected Associate Justice of the Supreme Court by the General Assembly. In 1860 he resigned his position on the Supreme Bench to become an independent democratic candidate for governor. What was known at that time as the "Con way- Johnson Dynasty" was AND LEGISLATIVE HISTORY 69 thought to be all-powerful in Arkansas politics. Rector, how- ever, was a forcible and convincing orator. By his persuasive eloquence and his appeal to the common sense of the voters, he overthrew the "dynasty" and was elected by over two thousand majority. There was then a paper called The Independent pub- lished at Fayetteville by William Quesenbury ^popularly known as "Bill Cush" who was a clever cartoonist. Immediately after the election he published a cartoon entitled, "Tom, Dick and Harry," in which Judge Thomas Hubbard, the Whig candidate, was represented as Old Mother Hubbard examining a bare cup- board ; "Dick" Johnson was seated astride a whiskey barrel, surrounded by a crowd of his supporters, to whom he was ex- plaining how it all happened ; while "Harry" Rector, represented as a rooster, was strutting about and making the welkin ring with his crowing. Professor Shinn, in his Pioneers and Makers of Arkansas, says : "The regular Democrat, smarting under their defeat, took an undue advantage of him in the convention of 1861. That body, while providing for a new constitution which contained certain offices in force, intentionally or unintentionally ommitted to make any provision whatever for the governor's office. Rec J tor's adherents have always claimed that this was done inten- tionally and from the meager records which have come down to posterity, it is entirely safe to say that this contention of Rector's friends was true. At all events, it was claimed that, as the con- stitution did not provide for the continuance of the governor, a vacancy existed, which contention was upheld by the Supreme Court. He served as governor from November 15, 1860, until November 4, 1862." Upon retiring from the governor's office, Mr. Rector enlisted as a private in the Confederate Reserve Corps (refusing an ap- appointment as quartermaster) and served until the close of the war. For several years after the war he was engaged in agri- cultural pursuits in Garland county. He was delegate from that county to the constitutional convention of 1874 and wielded a powerful influence in framing the new organic law of Arkansas. He died at his home in the city of Little Rock on August 12, 1899. Governor Rector was twice married. His first wife, to whom he was united in October, 1838, was Miss Jane Elizabeth, 70 OUTLINE OF EXECUTIVE daughter of William Field, of Little Rock. She died on Novem- ber 20, 1857, leaving four sons and three daughters, and in 1860 he married Miss Ernestine Flora Linde, daughter of Albert Linde, of Memphis, Tennessee. One daughter was born to the second marriage. Thirteenth General Assembly- Members of the thirteenth General Assembly were elected. August 6, 1860. With the exception of two or three "old line" Whigs, the membership of both houses was solidly Democratic. That a large majority of the members of both house and senate' belonged to the so-called pro-slavery wing of the Democratic party and supported Breckenridge for president in 1860 is cer- tain, though it is perhaps not possible to say by just how many they were in a majority. The members of the senate were : Arkansas, Jefferson and Desha counties, Thomas Fletcher; Benton and Madison, M. Doug- las; Carroll and Newton, \V. W. \Yatkins ; Chicot, Drew and Ashley, L. H. Belser ; Clark, Polk and Pike, A. A. Pennington ; Conway, Perry and Yell, G. W. Lemoyne ; Crawford and Frank- Jesse Miller; Dallas and Bradley, Joseph Gray; Hempstead, Sevier and Lafayette, A. H. Carrigan ; Hot Spring, Montgomery and Saline, J. F. Fagan ; Independence, J. S. Trimble; Izard and Van Buren, S. E. Rosson ; Johnson and Pope, A. M. Ward; Law- rence and Fulton, Z. P. McAlexander ; Marion and Searcy, W. C. Mitchell ; Mississippi and Crittenden, Thomas B. Craighead ; Ouachita and Callionn, J. B. McCulloch ; Phillips and Monroe, O. H. Gates; Pulaski and Prairie, F. A. Terry; Randolph and Greene, J. F. Davies ; Scott and Sebastian, G. J. Clark ; St. Fran- cis and Poinsett, W. A. Jones ; Union and Columbia, J. H. Askew ; Washington, R. W. Mecklin ; White and Jackson, D. McCrery. Those elected to the house were : Arkansas county, John T. Gibson ; Ashley, Robert Tucker ; Benton, J. Dunnigin, J. P. Put- nam ; Bradley, A. McLean ; Calhoun, Elam Williams ; Carroll, B. Hunch, J. Childers ; Chicot, Bat Jones; Clark, Charles Car- gile; Columbia, D. L. Kilgore, A. C. Wheeler; Conway, Robert N. Harper; Craighead, .....; Crawford, J. M. Brown. Andrew Morton: Crittenden, B. L. Armstrong; Dal- las, Edward M. Harris; Desha, James P. Clayton; Drew, W. M. AND LEGISLATIVE HISTORY 71 Harrison, C. F. Hemingway ; Franklin, John P. Humphreys ; Fulton, J. W. Ware; Greene, L. L. Mack; Hempstead, R. -K. Garland, O. Jennings; Hot Spring, James M. Sanders; Indepen- dence, J. F. Saffold, W. B. Padgett, W. B. Massey ; Izard, Thomas W. Edmondsdn ; Jackson, W. H. Stone ; Jefferson, F. F. Yell, James H. Hudson ; Johnson, J. E. Cravens, L. Robinson ; Lafayette, Robert P. Crowell ; Lawrence, W. Ferguson, W. Sharp ; Madison, J. C. Montgomery, S. E. Kinner ; Marion, E. H. Messeck; Mississippi, John R. Acree ; Monroe, Z. P. H. Farr; Montgomery, D. A. Woolard ; Newton, Thomas Raines ; Ouachita, Carnal H. Thorn ; Perry, F. R. Janes ; Phillips, J. C. O. Smith, Thomas J. Key; Pike, Willis Jones; Poinsett, Philip Van Patten; Polk, Peter B. Allen; Pope, J. S. Bowden; Prairie, John C. Davis; Pulaski, John T. Trigg; W. Q. Pennington ; Randolph, James H. Perkins ; Saline, Robert Murphy ; Scott, James F. Lee ; Searcy, B. F. Stephensbn ; Sebastian, John T. Loudon, B. T. DuVal ; Sevier, A. T. Pettus, W. D. S. Cook ; St. Francis, G. W. Seaborn/ J. W. Landrum ; Union, D. R. Coulter, T. F. Nolen ; Van Buren, J. B. Lewis ; Washington, John Crawford, B. F. Boone, J. Mitchell, L. M. Bell; Yell, John H. Jones. They met in regular session November 5, 1860. Thomas Fletcher was elected president of the senate ; John D. Kimbell, secretary. Bradley Bunch was speaker of the house; Samuel- M. Scott, clerk. The session lasted until January 21, 1861. On December 20th the two houses met in joint session to elect a United States Senator to succeed Robert W. Johnson, whose term was to terminate on March 4, 1861. Charles B. Mitchel, of Hempstead county, George C. Watkins and Samuel H. Henlpstead, of Pulaski county, were placed in nomination. Mitchel was elected on the ninth ballot, receiving fifty-two votes to twenty-six for Hempstead and eight for Watkins. Of the Acts passed at this session, that most far-reaching in its results was the one relating to a state convention, the prin- cipal provisions of which were as follows : "Section 1. That the governor shall issue his proclamation, ordering an election in all the counties in this state, submitting to the people the question of 'convention 1 or 'no convention/ to be held on the 18th day of February, 1861, which election shall be conducted as state elections are now conducted. 72 OUTLINE OF EXECUTIVE "Section 2. That, at said election, the people shall also vote for a delegate or delegates to said convention, and each delegate elected shall be made a special returning officer and shall bring up the certified vote of his county on the question of convention or no convention, which vote from all the counties shall be opened by the governor, auditor, treasurer and scretary of state, or any three of them, on the 2nd day of March, 1861 ; and if ,on count- ing the vote of all the counties of this state, it shall appear that 'a majority of all the votes cast are for a convention, then the governor shall immediately issne his proclamation, requiring the delegates elected as aforesaid to convene in the capitol on the following Monday and organize themselves into a state conven- tion, etc. "Section 8. That upon the organization of said convention, it shall take into consideration the condition of political affairs, and determine what course the State of Arkansas shall take in the present political crisis." This Act was approved by (iovernor Rector on January 15, ISM, and on the next day he issued his proclamation to the sev- eral county sheriffs ordering the election for Monday, February 18th. (See High Lights.) The thirteenth General Assembly held two special sessions. The first lasted from November 4 until November 18, 1861. The Acts passed, of whiih the following were the most important, dealt with developments relating to the war. There were Acts passed to abolish certain offices of the state government; to confer certain additional powers upon the counties for the period of the war ; to provide for the payment of the war tax imposed by the Confederate Congress; to repeal the ordinance of the secession convention authorizing a tax levy for military pur- poses ; to facilitate the circulation of Arkansas war bonds and -treasury warrants, and to provide relief for sick and disabled Arkansas volunteers. At the second special session of the thirteenth General Assem- bly, which lasted from March 17 until March 22, 1862, more war measures were passed. There was an Act prohibiting the distillation of grain into spirituous liquors ; an Act prohibit- ing the further sale of the public lands until after the close of the war, and pledging those lands as securities for the redemp- AND LEGISLATIVE HISTORY 73 tion of the state war bonds and the payment of treasury war- rants ; an Act providing relief for needy families of volunteers, and an Act to define and punish sedition. Under this latter Act any person who discouraged the enlistment of volunteers either in the State or Confederate services was declared guilty of high misdemeanor and liable to imprisonment of a term of not less than three nor more than five years. 74 ^ OUTLINE OF EXECUTIVE HARRIS FLAN AGIN At the election in August, 1860, Henry M. Rector was elected governor for a term of four years. His term of office, how- ever, was cut short by the action of the Arkansas secession con- vention, which convention, in June, 1861, adopted a new state constitution whereby provision was made that "The next gen- eral election for officers of this state, under this constitution, not otherwise herein provided for, shall be held on the first Monday in October, A. D. 1862, in the manner now prescribed by law." It was this clause in the new constitution which cut short by two years the term for which he had been elected in 1860. Though his term did not expire until November 15, 1862, Rector re- signed on November 4, 1862, and was succeeded by Thomas Fletcher, who, by virtue of his office as president of the senate, became acting governor. Fletcher served from November 4 until November 15, 1862, when Harris Flanagin, the newly elected governor, was inaugurated. Harris Flanagin, seventh governor of the State of Arkansas, was born at Roadstown, New Jersey, November 3, 1817. He received his literary education in the Quaker schools of his native state and when about eighteen years old he went to Clermont, Pennsylvania, as an assistant teacher in a seminary. A few years later he went to Illinois and established a private school of his own. Later he took up the study of law and in 1838 was admitted to the bar. Early the following year he came to Arkan- sas and located at Greenville, then the county seat of Clark county, where he began the practice of his profession. In 1842 he was elected one of the representatives from Clark county to the General Assembly and in 1861 he was the delegate from Clark county to the Arkansas secession convention. When the county seat of Clark county was removed to Arka- delphia, in 1842, Mr. Flanagin became a resident of that place. It is said that his nomination for governor was not known to him until the day before his election, when he received the infor- mation while in command of an Arkansas Confederate regiment at Knoxville, Tennessee. He returned at once to Arkansas, arriv- ing in time to be inaugurated on the 15th of November. After the war he resumd the practice of law at Arkadelphia. In 1874 he was one of the delegates who represented Clark county in AND LEGISLATIVE HISTORV 75 the constitutional convention of that year. . This was his last public service. He died October 23, 1874, before the constitu- tion he had helped to frame went into effect. On July 3, 1851, Governor Flanagin married Miss Martha E. Nash, daughter of Phineas Nash, of Hempstead county. Two. sons and a daughter Duncan, Nash and Laura were born of this union. Fourteenth General Assembly- Members of the fourteenth General Assembly were elected October 6, 1866. The state election, which, for some years past, had been held the first Monday in August, was changed by the secession convention in June, 1861, to the first Monday in Octo- ber, which, in 1862, was October 6. Between the members of the General Assembly elected in 1862 there were no national ^arty divisions. ' All were avowed supporters of secession and the war of the South for independence. The members of the senate were : Arkansas, Jefferson and Desha counties, Thomas Fletcher ; Benton county, J. Dungan ; Bradley and Dallas, J. R. Hampton; Calhoun and Ouachita, E. H. Whitfield; Carroll and Newton, Bradley Bunch; Chicot, Drew and Ashley, L. H. Belser; Clark, Pike and Polk, I. W. Smith ; Crawford and Franklin, H. F. Carter ; Greene, Ran- dolph and Craighead, J. M. Pollard ; Hempstead, Lafayette and Sevier, B. Williams ; Hot Spring, Montgomery and Saline, F. Leach ; Independence, J. S. Trimble ; Izard and Van Buren, \Yilliam Sherman ; Johnson and Pope, Ben T. Embry ; Lawrence and Fulton, S. Halliburton ; Marion and Searcy, Eli Dodson ; Mississippi and Crittenden, ; Phillips and Mon- roe, ; Poinsett and St. Francis, P. Van Patten; Prairie and Pulaski, Joseph Stillwell ; Sebastian and Scott, G. J. Clark ; Union and Columbia, J. C. Wallace ; Washington, Hiram Davis ; White and Jackson, Robert Anthony. Those elected to the house were: Arkansas county, S. R. Richardson ; Ashley, Robert Tucker ; Benton, J. H. Hammock. W. B. Fain; Bradley, J. R. Collins; Calhoun, B. T. Teague ; Carroll, I. R. Holt, A. A. Baker; Chicot, J. M. Lowry ; Clark, S. M. Scott ; Columbia, C. A. Gant, T .A. Goodwin ; Conway, Russell Welborn ; Craighead, S. Stodlard ; Crawford, J. Har- 76 OUTLINE OF EXECUTIVE reli, R. C. Oliver; Crittenden, ...._ ; Dallas, E. M. Harris; Desha, Alex Harding; Drew, B. Collins, E. H. Haynes ; Franklin, A. L. Berry; Fulton, S. W. Cochran ; Greene, Samuel Wilcoxson; Hempstead, John R. Robins, M. V. Cheatham ; Hot Spring, E. C. Jones ; Independence, S. B. Wycough, W. D. Jen- kins, J. B. Porter; Izard, R. H. Powell; Jackson, Rufus \V. Martin; Jefferson, W. Williams, N. B. English; Johnson, L. B. Howell, W. H. Connelly; Lafayette, A. M. McCullom; Law- rence, T. J. Warner, G. R. Jones ; Madjson, J. R. Perry, R. F. Naylor; Marion, J. E. Hull; Mississippi, ; Mon- roe, ; Montgomery, C. G. Hurt ; Newton, Rob- ert W. Harrison ; Ouachita, Henry R. Farr ; Perry, William Wil- son ; Pike, W. B. Gould; Phillips, ; Poinsett, A. M. Winn; Polk, J. B. Williamson; Pope, John McFadden; Prairie, I>. M. Hames ; Pulaski, W. Q. Pennington and Thomas Fletcher; Randolph, J. H. Purkins ; Saline, Robert Murphy, Scott, Lijah Leming; Searcy, John Bradshaw ; Sebastian, J. Car-t nail, C. B. Neal ; St. Francis, J. T. Haralson, Ed Mallory; Sevier, A. T. Pettus, G. Pettigrew ; Union, R. Goodwin, T. R. Williams; Van Buren, John L. Lafferty ; Washington, E. H. Phillips, J. M. Tuttle, R. C. Byrd, C. R. Fenton ; White, Thomas Mosley ; Yell, William Sissell. They met in regular session November 3, 1862. Thomas Fletcher was elected president of the senate ; J. D. Kimbell, sec- retary. John Harrell was speaker of the house ; Alden M. Wood- ruff, clerk. The session lasted until December 1, 1862. Of the general Act passed the following were the most im- portant : An Act to prevent giving aid to the enemy ; an Act to vest in the state the title to lands granted by United States to the Cairo & Fulton Railroad Company; another to prohibit the further issue of interest bearing war bonds and treasury war- rants ; and another to encourage the manufacture of iron, salt and cotton card. Acts were also passed for the relief of dis- abled solders and for the families of volunteers. Since the City of Little Rock was threatened with, capture by Federal forces, the governor was authorized by resolution of the General Assembly to move the seat of government and all property belonging thereto, to a place of safety, not beyond the limits of the state, whenever he deemed it advisable, and the AND LEGISLATIVE HISTORY 77 judges of the Supreme Court were instructed to move the library and all books and papers to, and hold their sessions, at such temporary seat of government. (See High Lights.) The members of this General Assembly held a special ses- sion at Washington, Arkansas ; which session lasted from Sep- tember 22 until October 2, 1864. In September, 1863, when Little Rock fell into the hands of the Federals, upon the order of Governor Flanagin, the capital was removed to Washington, which was well within the Confederate lines. Accordingly, when it became necessary to hold a special session of the General Assembly, the governor convened the members at Washington. At this special session, which is sometimes called the "Confed- erate Legislature," the most significant of the general Acts passed were: An Act providing for the preservation of the archives of the state; to prohibit the governor from removing public property from the state ; to provide for the holding of elec- tions for members of the General Assembly and prosecuting attorneys in the counties and districts in the hands of the Fed- erals ; to change the time of holding the next session of the Gen- eral Assembly to the first Monday in October, 1865, unless sooner called together by the governor; to establish soldiers' homes at Washington, Camden and Monticello and appropriat- ing $5,000,000 for the support of the home, said appropriation to become available whenever private subscriptions or contributions amounted to $2,000.00 in Confederate currency ; to appropriate $200,000.00, or so much thereof as might be necessary for indi- gent families of soldiers, and to supply the families of soldiers with salt ; to pay interest on the treasury warrants and provide for their redemption ; to appropriate $35,000.00 to provide cot- ton and wool cards and medicines for the families of soldiers, and appropriating $1,000,000.00 for the purchase of machinery for the manufacture of cotton goods. 78 OUTLINE OF EXECUTIVE ISAAC MURPHY GOVERNOR, APRIL 18, 1864 JULY 2, 1868 Isaac Murphy, the eighth governor of the State of Arkansas, was born near Pittsburgh, Pennsylvania, October 16, 1799. His father, Hugh Murphy, was a manufacturer of paper. Isaac received a fair academic education and in 1829 or 1830 he mar- ried Miss Angelina Lockhart, and in November, 1834, removed to Arkansas, locating at Fayetteville. By 1840 he was one of the best known teachers in Northwestern Arkansas, and while engaged in teaching he began the study of law. In 1849 he went to California, but instead of being one of the few who "struck it rich," he was one of the many who re- turned poorer than when he started. He located with his family at Huntsville, Arkansas, in 1854, and again took up teaching. In 1856 he was elected state senator from the district composed of Henton and Madison counties, and in 1861 he was chosen" a delegate from Madison county to the state convention. He was the only delegate in that convention who went on record as opposed to secession. His lone negative vote gave some dis- satisfaction to the people of his county. This opposition in- creased until he feared for his life, and in April, 1862, with his two neighbors, who were Union sympathizers, he left Arkan- sas. He then joined the Federal Forces commanded by General Samuel R. Curtis in Missouri. In 1863 he was appointed a mem- ber of General Curtis' staff. Later, and during the time that General Frederick Steele held Little Rock, Murphy was an officer under Steele. He was declared the provisional governor of Arkansas by the constitutional convention of 1864, and in March was elected. He was inaugurated on April 18, 1864, and held the office a little more than four years. While not a man of exceptional bril- liancy of intellect, he was conscientious and managed the affairs of the state wisely and frugally. All the expenses of his admin- istration were paid and he left in the treasury $270,000.00 in United States currency. After the war he continued to reside at Huntsville until his death on September 8, 1882. His wife had died some years before. He left three daughters Mrs. James R. Berry, Mrs. H. C. Lowe and Mrs. F. M. Thorpe. Some years after his AND LEGISLATIVE HISTORY 79 death his granddaughter, Mrs. Flora B. Cameron, of Waco, Texas, erected a marble stone over his grave, bearing the fol- lowing epitaph : "Isaac Murphy, born October 16, 1799, died September 8, 1882. Eighth governor of Arkansas. His admin- istration was wise and economical. His trust was in God." Fifteenth General Assembly- Members of the fifteenth General Assembly were chosen at an election held on three consecutive days, March 14, 15 and 16, 1864. On the same days, the state constitution of 1864 was also ratified. (See High Lights.) This General Assembly was part of the ''provisional" Murphy government, as organized under the constitution of 1864 and according to the plan proposed by President Lincoln for the reconstruction of" the seceded states. Thus the members were all Union men. And since only a part of Arkansas roughly, that part of the state north of the Arkan- sas river had been, at that time, overrun by the Union army, there were many southern counties not legally represented. And a few there were which no one pretended to represent in the fifteenth General Assembly. The members of the senate were : Arkansas, Jefferson and Desha counties, I. C. Mills; Carroll and Newton, J. McCoy; Chicot, Drew and Ashley, W. C. Valandingham ; Clark, Pike and Pope, L. D. Cantrell ; Conway, Perry and Yell, F. M. Strat- ton; Dallas and Bradley, R. H. Syanfield; Franklin and Craw- ford, L. C. White ; Fulton and Lawrence, J. J. Ware ; Indepen- dence, E. D. Rushing; Johnson and Pope, \Villiam Stout; Hemp- stead, Sevier and Lafayette, F. W. Gilpin ; Hot Spring, Saline and Montgomery, E. H. Vance; Madison and Benton, E. D. Ham ; Marion and Searcy, Thomas Jefferson ; Mississippi and Crittenden, T. Lamberton ; Ouachita and Calhoun, W." H. Har- per ; Phillips and Monroe, J. Q. Taylor ; Pulaski and Perry, Tru- man W r arner; Randolph and Green, J. M. Lemons; Scott and Sebastian, Charles Milor ; St. Francis and Poinsett, A. B. Fryear ; Van Buren and Izard, King Bradford; Washington, J. M. Gil- strap ; White and Jackson, James Nanny. The members of the house were : Arkansas county, G. C. Cressen ; Ashley, _ ; Benton, R. H. Whim- pey, J. Shortiss ; Bradley, W. W. Scarborough ; Calhoun, A. E. 80 OUTLINE OF EXECUTIVE Ackerman ; Carroll, J. W. Plumley, J. F. Seamon ; Chicot, ; Clark, G. N. Green ; Columbia, ; Conway, G. W. Gallo way; Crawford, J. Austin, J. G. Stephenson; Craighead, _ ; Crittenden, F. Thruesby; Dallas, James Kennedy; Desha, ; Drew, William Cox, F. H. Boyd; Franklin, F. M. Nixon; Fulton, Simpson Mason; Hempstead, J. Boen, L. Worthington; Hot Spring, James Whit- ten; Independence, P. Misener, J. Clem, Alex Harper; Izard, J. B. Brown; Jackson, H. T. McLarue ; Jefferson, H. B. Allis, D. C, Hardeman ; Johnson, J. Rogers, A. P. Melson ; Lafayette, J. C. Hall ; Lawrence, R. Shell, E. Sharp ; Madison, T. H. Scott, G. W. Seamans; Marion, J. W. Orr; Mississippi, ; Monroe, E. Wilds ; Montgomery, J. C. Priddy ; Newton, James R. Yanderpool ; Ouachita, G. W. Neill ; Perry, George A. Cun- ningham ; Phillips, J. A. Butler, J. F. Hanks; Pike, M. Stinnette; Poinsett, ; Polk, John Ware; Pope, Robert White; Prairie, J. B. Claiborne ; Pulaski, O. P. Snyder, S. L. Holman ; Randolph, _ ; Saline, Warren Holli- man ; Scott, Thomas Cauthron ; Searcy, James J. Barnes; Sebas- tian; J. R. Smooth, J. Snyder; Sevier, J. Gilcoat, A. Musgrove; St. Francis, R. A. Moore, C. S. Still; Union, ; Washington, J. Pierson, W. H. Nott, Y. D. Waddle, William J. Patton; White, John F. Randall; Van Buren, L. M. Harris; Yell, Bert Johnson. They met in regular session April 11, 1864. C. C. Bliss was elected president of the senate ; A. N. Hargrove, secretary. Horace G. Allis was speaker of the house; F. M. Sams (later W. A. Counts), clerk. The session lasted until June 2, 1864. The devising of means for financing the state government was perhaps the most difficult problem with which this General Assembly attempted to deal. In his inaugural message Governor Murphy said: "The state has not a dollar in her treasury. The members of the convention received no pay ; the officers of the provisional government are in the same condition. The convention author- ized me to borrow, for the use of the state government, $150,000. I have made no effort to effect that very desirable object. Some system of finance must speedily be adopted, one that will give confidence to the capitalist, before- we can hope successfully to AND LEGISLATIVE HISTORY 81 negotiate a loan on favorable terms. This I feel confident can be done." Sweeping changes were made in the revenue laws. Pleasure carriages, capital invested in tanyards, distilleries and other industries, gold watches and all kinds of jewelry were heavily taxed, and a tax was levied upon all incomes over six hundred dollars. Other Acts of the session were: To regulate the cur- rency ; to raise a military force for the defense of Arkansas ; to suspend sales by sheriffs and constables for the collection of debts ; the general appropriation Act, and the election laws were amended. The Act of Congress, approved by President Lincoln on August 2, 1862, donating public lands to the state for the .establishment of agricultural and mechanical colleges was ac- cepted. Two special sessions of this Legislature were held, with the same presiding officers. The first of these was convened on November 7, 1864, and lasted until 'January 2, 1865. Many of the Acts passed were unimportant. The revenue laws were amended ; public expenditures were curtailed ; and several Acts were passed for the purpose of providing means for the sup- port of the state government. The second special session met on April 3, 1865. It was called chiefly for the purpose of ratify- ing the thirteenth amendment to the Federal Constitution abol- ishing slavery. The Act of ratification was approved by Gov- ernor Murphy on April 20, 1865, and the General Assembly adjourned on the 22nd. Sixteenth General Assembly- Members of the sixteenth General Assembly were elected August 6, 1866. Under the Amnesty Proclamation of President Andrew Johnson, of May 29, 1865, most of the Arkansas ex- Confederates and southern sympathizers during the war had taken the oath of allegiance to the United States. Thus they were restored to all the rights of full citizenship. Accordingly, the late Confederates elected in 1866 practically the whole mem- bership of the General Assembly. A roster of the two houses re- veals the names of not a few men who had sat in sessions of the General Assembly before and during the war. The members of the senate were: First District (Benton and 2 OUTLINE OF EXECUTIVE Madison), J. Dunigan ; Second (Carroll and Newton), W. \V. Watkins; Third (Washington), F. R. Earle ; Fourth (Crawford and Franklin), Jesse Turner; Fifth (Sebastian and Scott), H. L. Holliman; Sixth (Johnson and Pope), J. E. Cravens; Seventh (Perry, Yell and Conway), S. Forrest; Eighth (Marion and Searcy), B. Dotson; Ninth (Izard and Van Buren), A. R. Witt; Tenth (Independence), L. H. Sims; Eleventh (Lawrence and Fulton), J. E. Thompson; Twelfth (Greene and Randolph), J. H. Purkins; Thirteenth (Poinsett and St. Francis), C. L. Sul- livan; Fourteenth (Mississippi and Crittenden), O. P. Lyles; Fifteenth (Phillips and Monroe), H. M. Grant; Sixteenth (Prai- rie and Pulaski), R. S. Gantt ; Seventeenth (White and Jack- son), William Hicks; Eighteenth (Jefferson, Arkansas and Desha), W. M. Galloway; Nineteenth (Chicot, Drew and Ash- ley), D. H. Reynolds; Twentieth (Bradley and Dallas), A. Hun- ter; Twenty-first (Union and Columbia), M. H. Roberts; Twenty-second (Calhoun and Ouachita), John R. Fellows; Twenty-third (Hempstead, Lafayette and Sevier), A. B. Williams; Twenty-fourth (Clark, Pike and Polk), A. A. Pen- nington; Twenty-fifth (Hot Spring, Montgomery and Saline), J. M. Smith. Those elected to the house were: Arkansas county, E. G. Abbott; Ashley, J. H. Johnson; Benton, William E. Gould; W. W. Reynolds ; Bradley, Theodoric F. Sorrels ; Calhoun, Met L. Jones; Carroll, Bradley Bunch, J. H. Berry; Conway, J. W. Duncan ; Chicot, William A. Daniels ; Clark, John F. Riggs ; Craighead, William J. Kelly ; Columbia, W. H. C. Reed, A. C. Wheeler; Crawford, H. F. Thomasson, Granville Wilcox; Crit- tenden, Robert C. Jones ; Cross, David Fitzpatrick ; Dallas, T. J. Cameron; Desha, W. C. Weatherford; Drew, L. L. Brooks, Benjamin Collins; Franklin, Thomas D. Berry; Fulton, J. H. Tracy ; Greene, Samuel Wilcoxon ; Hempstead, John R. Eakin, D. M. Cochran; Hot Spring, William C. Kelly; Independence, C. G. W. Magness, J. C. Brickey ; Izard, W. C. Dickson ; Jack- son, L. C. Cause ; Jefferson, Read Fletcher ,Witt Williamson, Jr. ; Johnson, John W. May, J. S. Green ; Lafayette, John S. French ; Lawrence, W. C. Sloan, W. G. Matheney ; Madison, L. B. San- ders, John Carroll ; Marion, Jesse Mooney ; Mississippi, William W. Sawyer; Monroe, S. P. Hughes; Montgomery, G. K. Robin- son; Newton, H. C. Duckey; Ouachita, B. F. Riddick; Perry, AND LEGISLATIVE HISTORY 83 T. W. Stout; Phillips, H. P. Slaughter, W. N. Nixon; Pike, J. A. McCollum; Poinsett, J. A. Meek; Polk, J. D. Baker; Pope, Charles 'E. Toby ; Prairie, W. T. Jones ; Pulaski, R. C. Newton, C. F. Farrelly; Randolph, J. F. Harrison; Saline, B. S. Med- lock; Scott, E. Leming; Searcy, Benjamin F. Taylor; Sebas- tian, J. Hackett, B. Harper; Sevier, A. D. Hawkins, W. R. Holman ; St. Francis, J. M. Parrott, O. E. Dorros ; Union, J. C. Ardis, R. M. Wallace; Van Buren, J. J. Edwards; Washington, J. R. Pettigrew, J. B. Russell, W. H. Brooks, John Enyart; White, B. C. Blessingame; Woodruff, L. M. Ramsaur; Yell, Thomas \Y. Pound. They met in regular session November 5, 1866. Andrew Hun- ter was elected president of the senate; W. C. Thomas, sec- retary. Bradley Bunch was speaker of the house; John King, clerk. The session lasted until March 23, 1867. The Acts of this session were of a character to restore good feeling and promote the general interests of the state. A num- ber of educational institutions were incorporated ; provisions were made for the establishment of a system of public schools; cotton and woolen factories were exempted from taxation for five years ; certain lands belonging to the Real Estate Bank were exempted from taxation ; the Little Rock & Fort Towson, the Iron Mountain & Helena, the Pine Bluff, Princeton & Arka- delphia, and the Arkansas, Louisiana & Texas Railroad Compa- nies were incorporated, and a bill loaning the credit of the state to aid in the construction of railroads was passed over the gov- ernor's veto. 84 OUTLINE OF EXECUTIVE POWELL CLAYTON GOVERNOR, JULY 2, 1868 JANUARY 6, 1873 Powell Clayton, ninth governor of the State of Arkansas, was born August 7, 1833, in Delaware county, Pennsylvania, where he grew to manhood. He was educated in the military academy at Bristol, Pennsylvania, and in 1855 went to Kansas. There he followed civil engineering until the breaking out of the war in the spring of 1861. He enlisted as a captain in the First Kan- sas Infantry, whose first engagement was at Oak Hill, or Wil- son's Creek, Missouri. He was then commissioned lieutenant- colonel of the Fifth Kansas Cavalry, which was attached to General Samuel R. Curtis' "Army of the Border." Shortly after the battle of Helena, Arkansas, July 4, 1863, he was promoted to Colonel. His regiment was then assigned to the army com- manded by General Frederick Steele and was with that officer when he occupied Little Rock on September 10, 1863. Clayton was then placed in command at Pine Bluff. For his successful defense of that post against the assault of General John S. Mar- maduke, he was promoted to brigadier-general. At the close of the war he married a Miss McGraw, of Helena, and in 1867 purchased a large plantation near Pine Bluff. He was one of the leaders in the movement that culmi- nated in the adoption of a new constitution in 1868. He was elected governor in March, 1868, for a term of four years ; was inaugurated July 2, 1868. On September 9, 1868, while hunt- ing near Little Rock, he lost his left hand by the accidental dis- charge of his gun. In January, 1871, he was elected United States Senator for the term of six years, beginning March 4, 1871. At the expiration of his term as senator he located at Eureka Springs, where he became interested in the railroad between that place and Seligman, Missouri. From 1899 to 1903 he was United States Minister to Mexico. He then took up his residence in Washington, D. C, where he died on August 25, 1914. His last years were spent in writing a book entitled The Aftermath of the Civil War in Arkansas. The book was not published until after his death. Mrs. II. M. Rose, who lived in Arkansas while Clayton was governor, has written a review of his "Aftermath." She says : "He evidently wrote it to justify his reign as governor, but that AND LEGISLATIVE HISTORY 85 could never be done, and it seems to me the book is very weak in defense of his course, besides being very bitter and unfair to the people of our state. It is a very cunning book, and to one who knows nothing of conditions, as they were, it might seem that he had given us a very liberal government, but that is untrue. The one controlling motive with him seemed to be to humiliate the Southern people and to make them feel that he was their master, and so he was, for he was upheld by the Federal Government, and we could do nothing." Mrs. Rose then tells the following story concerning the elec- tion of March, 1868, which throws some light upon the political methods of reconstruction by which Clayton was elected : "He knew, and every one knew, that he was elected by fraud, a specimen of which came under my own observation. We had an ignorant, rough negro hired as a yard man, and on the morn- ing of the election he did not turn up, and we did not see him until the morning of the fourth day (the election lasted three days). When he came, I said: 'Stever, where have you been .all this time?' He said: 'I was in dat place out dar and dey wouldn't let me out till de 'lection was ober.' Three hundred negroes were camped out a little southwest of town and the first day they came in and voted the Republican ticket, the sec- ond day they marched in and voted, claiming to have been driven from the polls in Saline county. The third day they marched in and voted as negroes having- been driven from th;e polls in Clark county. That is only one specimen of the election that put Clayton in, and such things were kept up during all the six years of reconstruction. It is a notorious fact that those in office during those six years stole everything in sight, even to the slate roof off the penitentiary. They bankrupted the city, the state .and many of the counties." Seventeenth General Assembly- Members of the seventeenth General Assembly were chosen .at an election which began on March 13, 1868, and continued from day to day until March 30, following. Arkansas was then in process of "reconstruction," agreeable to the ideas of the Congress which vetoed the plans of President Lincoln, as fol- lowed up by his successor, Andrew Johnson. The state was dominated absolutely by militarism. The state government, 86 OUTLINE OF EXECUTIVE headed by Governor Isaac Murphy, was powerless, to all prac- tical purposes repudiated. The negroes now had the right to vote; the native Southern whites, for the most part, were dis- franchised. Every detail of the election was arranged by the military authorities. Of the election, the Arkansas Gazette, in its issue of April 7, 1868, said: "We have seen an election held by registrars, a majority of whom were candidates for office, some of whom now come up members of the Legislature, winners in a race in which they were judges, riders, bettors, poll holders and stake holders. * * * * Yet with all these advantages, in a voting population of over seventy thousand, they return a majority of about sixteen hundred (for ratification of the constitution of 1868). If it had been necessary that ten thousand should be shown, the same means might have produced the ten thousand. The majority is small to show that the struggle was close, the con-- test animated, the count honest and the victory brilliant. Well, it is brilliant, and, in its line, unapproachable." In the same issue The Gazette said of the senate: "The self- styled senate is in all respects the most remarkable one that ever assembled in Arkansas, indeed we may truthfully say in any state, at any time. * * * * Twenty-three thousand negroes looked through those fifty-two senatorial eyes, and many shining dollars for each member are distinctly seen in the cess-pools of filth and rottenness to which they stoop to gather the rewards of cast-off principles and abandoned honor. One negro, a large number of Southern Union men, and a few Northern men com- pose the senate. * * * *" The editor of The Gazette paid his respects also to the house : "In the speaker's stand the honest, frank countenance of the courteous, dignified Bunch (formerly speaker of the house) is no longer seen, but in his place sits a thin visaged in- dividual about whom the only remarkable thing is that he is there when so many bolder looking men sit beneath. Among the members the most striking feature is the negro element, for im- mediately in front of the clerk's desk and on the first seat sit the two negroes from Phillips, very strangely named White and Gray. Just behind them in the center of the hall is the burly form of the sootv Dick Tett, now known as Honorable Richard AND LEGISLATIVE HISTORY Samuels, of Hempstead. He has always borne the character of a well disposed, good mannered negro, and as a blacksmith in Washington was well thought of and patronized. He has fallen into bad company. A copper colored negro named Rush is one of the representatives from this district, and sits with his white- skinned colleagues. "In the place of that body of plainly dressed men with hon- est countenances and easy, unpretentious manners, which can be found here whenever the white people of Arkansas have been allowed to exercise a free choice at the ballot box, there is a congregation of a variety of characters which reveals the material of which Arkansas radicalism is composed. Here sits the ex-bureau agent, who has lived from fees extracted from the poor negro, and blackmail levied upon white employees. Here are the registrars, who have performed their share of work for the party by manipulating the vote so as to show a . majority for the constitution (of 1868) and give them their seat as members of a legislature. Here are a few old residents of the state, who having been, at some time or other, plundered or badly treated by poorly disciplined troops of the Confed- eracy, transmogrified themselves into Union men. As martyrs, they now claim high positions. * * * * . "That this assemblage is a representative body of the peo- ple of Arkansas, no one will think for a moment. Some of them never had seen the districts which they claim to repre- sent, one year ago; and the inmates of but few houses in their districts would tolerate their presence as guests. The officers are in keeping with the character of the congregation. One officer has not been in the state over six months, and others have only the advantage of him by a few months. An assist- ant doorkeeper is a large negro, who was the chief marshal of the procession which paraded our streets during the days of the election; and in this way has he been rewarded. The post- master is a negro from Helena, of very light shade, and by odds more respectable in appearance than four-fifths of the mem- bers. Of the pages, two are negroes and two are white ; the- only instance in which the claims of the negro wing, amounting- to six-sevenths of the party, have been to any considerable extent recognized. If out of an assemblage of this kind any good! comes to the commonwealth, we shall be rejoiced to hear it." 88 OUTLINE OF EXECUTIVE The members of the senate were: First District (Jackson, Craighead, Poinsett, Cross and Mississippi counties), D. H. Goodman) Second (Lawrence, Randolph and Greene), P. H. Young; Third (Madison, Marion, Carroll, Fulton and Izard), M. L. Stephenson ; Fourth (Independence and Van Buren), E. D.. Rusting; Fifth (Searcy, Pope and Conway), Z. Keeton; Sixth (Newton, Johnson and Yell), J. N. Sarber; Seventh (Washington and Benton), T. J. Hunt; Eighth (Crawford, Franklin and Sebastian), Valentine Dell; Ninth (Crittenden, St. Francis and Woodruff), E. G. Barker; Tenth (Pulaski and White), O. A. Hadley ; Eleventh (Phillips and Monroe), Ben- jamin Thomas, A. H. Evans; Twelfth (Prairie and Arkansas), A. Hemingway; Thirteenth (Scott, Polk, Montgomery and Hot Spring), D. P. Beldin ; Fourteenth (Hempstead), George W. Martin; Fifteenth (Lafayette and Little River), G. C. Scott; Sixteenth (Union and Calhoun), H. A. Millen; Seventeenth (Clark, Pike and Sevier), J. C. Ray; Eighteenth (Columbia), George W. McCown; Nineteenth (Ouachita), J. P. Portis; Twentieth (Jefferson and Bradley), S. W. Mallory, O. P. Sny- der; Twenty-first (Dallas, Saline and Perry), E. H. Vance; Twenty-second (Ashley, Chicot, Drew and Desha), W. Harbi- son, J. W. Mason. Those elected to the house were: First District (Jackson, Craighead, Poinsett, Cross and Mississippi counties), \\ . \\ . Stansberry, N. L. Pears, A. M. Johnson, J. A. Houghton ; Sec- ond (Lawrence, Randolph and Greene), E. Sharp, J. Hufstedler, J. M. Linsay; Third (Madison, Marion and Carroll), Benjamin Vaughan, S. A. Firzwater, J. T. Hopper, P. A. Williams ; Fourth (Independence and Van Buren), J. Clem, J. Ferguson, Jesse Milsaps; Fifth (Searcy, Pope and Conway), W. W. Bra- shear, J. R. Hall, H. W. Hodges; Sixth (Newton, Johnson and Yell), D. R. Lee, W. N. May, Sam Dial; Seventh (Washing- ton and Benton), S. Bard, J. Yoes, E. D. Fenno, J. F. Owen; Eighth (Crawford, Franklin and Sebastian), J. B. C. Turman, D. H. Divilbiss, A. J. Singleton, A. Gunther; Ninth (Critten- den, St. Francis and Woodruff), D. Coates, E. R. Knight, Asa Hodges. D. P. Upham; Tenth (Pulaski and White), M. W. Ben- jamin, J. G. Price, A. L. Bush, Sol Miller, F. M. Chrisman, John Goad; Eleventh (Phillips and Monroe), J. A. Butler, M. Reed, J. C. Tobias, \V. H. Gray, J. T. White, J. K. Whitson ; Twelfth AND LEGISLATIVE HISTORY 89 (Prairie and Arkansas), G. M. French, Isaac Ayres, W. S. Mc- Cullough, T. M. Gibson; Thirteenth (Scott, Polk, Montgomery and Hot Spring), J. V. Harrison, J. H. Denby; Fourteenth (Hempstead), S. f. Mitchell, S. D. Beldin, R. R. Samuels; Fifteenth (Lafayette and Little River), A. M. Merrick, A. T. Carroll, M. Hawkins; Sixteenth (Union and Calhoun), R. F. Catterson, Loinski Ivy; Seventeenth (Clark, Pike and Sevier), W. A. Britton, Sol Exon, W. P. Coolidge, J. R. Bush ; Eighteenth (Columbia), W. A. Beasley, D. J. Smith, M. M. Olive; Nine- teenth (Ouachita), N. N. Rawlings, W. H. Wright; Twentieth (Jefferson and Bradley), P. Mosley, H. St. John, J. M. Gray, J. J. Williams, G. W. Davis, William T. Morrow ; Twenty-first (Dallas, Saline and Perry), G. H. Kyle, J. G. Gibbon; Twenty- second (Ashley, Chicot, Drew and Desha), N. M. Newell, C. F. Simms, R. S. Curry, D. S. Wells, Z. H. Manees. This, the seventeenth, General Assembly met in regular session April 2, 1868. J. M. Johnson, as lieutenant-governor, was president of the senate; I. W. Carhart was elected secretary. John G. Price was speaker of the house; F. E. Wright, clerk. The session lasted until July 23, 1868. A special session of this General Assembly was convened on November 17, 1868, which session lasted until April 10, 1869. Thus, altogether, this Asembly w r as in session, with the excep- tion of the months of August, September and October, nearly the whole of the year from April, 1868, until April, 1869. It. fell to the lot of this General Assembly to elect two United States Senators. Alexander McDonald was elected for the term which expired March 4, 1871 the remainder of the term for which William K. Sebastian had been elected in 1865 and Ben- jamin F. Rice was elected for the term ending March 4, 1873. The state was divided into three Congressional districts. The First district embraced twenty-three counties in the northeastern part of the state ; the Second District included the fifteen south- eastern counties; and the Third District was composed of the sixteen counties in the western part, extending as far east as Pulaski. Of the many laws passed during the two sessions, there were a few Acts which stand out as historically significant. An Act 90 OUTLINE OF EXECUTIVE was passed to fund the public debt of the state, the new bonds to equal the principal and accrued interest of the old; another created a board of railroad commissioners with power to grant state aid to railroad companies under certain conditions ; the state was divided into ten judicial circuits and the time fixed for holding court in each; provision was made for the enrollment of the militia "for public defense;" the Arkansas Deaf Mute Institute was established; the Institute for the Blind was re- moved from Arkadelphia to Little Rock ; provision was made for the establishment of an industrial university under the Act of Congress of July 2, 1862. (See High Lights). A new law regulating the assessment of property and the levying of taxes was also passed. Eighteenth General Assembly Members of the eighteenth General Assembly were elected November 8, 1870. Commenting on the methods and results of the election, The Arkansas Gazette, in Its issue of November 17, 1870, said: "Although we have been most shamefully and outrageously wronged, cheated and defrauded out of our just and lawful rights, by a most notoriously partial and partisan execution of the registration and election laws, we have succeeded in electing a respectable minority to the legislature, who will act as a Spartan guard at the Thermopylea of our-menaced rights and liberties, and beat back the invading tide of radicalism that threatens to overwhelm us with ruin." The members of the senate .were : First District (Jackson, Craighead, Poinsett, Cross and Mississippi counties), J. G. Frier- son; Second (Lawrence, Randolph and Greene), P. H, Young; Third (Madison, Marion, Carroll, Fulton and Izard), William Dugger; Fourth (Independence and Van Buren), E. D. Rush- ing; Fifth (Searcy, Pope and Conway), A. D. Thomas; Sixth (Newton, Johnson and Yell), John N. Sarber ; Seventh (Wash- ington and Benton), A. Caraloff; Eighth (Crawford, Franklin and Sebastian), V. Dell; Ninth (Crittenden, St. Francis and Woodruff), Asa Hodges; Tenth (Pulaski and White), O. A. Hartley, W. Riley ; Eleventh (Phillips and Monroe), J. T. White, Frank Gallagher; Twelfth (Prairie and Arkansas), A. Hem- ingway; Thirteenth (Scott, Polk, Montgomery and Hot Spring), D. P. Beldin; Fourteenth (Hempstead), G. H. Martin; Fifteenth AND LEGISLATIVE HISTORY 91 (Lafayette and Little River), J. Torrans ; Sixteenth (Union and Calhoun), J. H. Askew; Seventeenth (Clark, Pike and Sevier), J. Howard; Eighteenth (Columbia), R. B. Archer; Nineteenth (Ouachita), J. T. Elliott; Twentieth (Jefferson and Bradley), S. W. Mallory, O. P. Snyder; Twenty-first (Dallas, Saline and Perry), S. F. Duffie ; Twenty-second (Ashley, Chicot, Drew and Desha), J. W. Mason, William Harbison . Those elected to the house were: First District (Craighead, Cross, Jackson, Mississippi and Poinsett counties), W. H. Care, Charles Minor, L. D. Rozell, J. A. Meek; Second ( Greene, Law- rence, Randolph and Sharp), J. D. Glass, M. Harvey, George Thornburgh, W. B. Janes; Third (Boone, Madison, Carroll, Ful- ton, Izard and Marion), E. P. Watson, G. J. Crump, F. J. Eubanks, J. S. O'Seal ; Fourth (Independence and Van Buren), W. R. Padgett, W. H. Palmer, W. E. Wilson; Fifth (Conway, Pope and Searcy), T. D. Hawkins, B. F. Taylor, N. H. Cleland; Sixth (Johnson, Newton and Yell), J. L. Garner, B. W. Her- ring, W. G. Harris: Seventh (Benton and Washington), J. F. Owen, Martin F. Tygart, Thomas Wilson, James M. Pittman; Eighth (Crawford, Sebastian and Franklin), J. M. Pettigrew, C. B. Neal, J. B. Stevens, J. P. Grady; Ninth (Crittenden, St. Francis and Woodruff), Ada, Johnson, Jeff Haskins, M. A. Kohn, Thomas W. Ham; Tenth (Pulaski and White), C. A. Whitternore, R. A." Howard, J. W. Pilkington, John Goad, J. W. House, E. H. Chamberlain; Eleventh, Monroe and Phillips), G. W. Hollibough, A. Mays, John M. Peck, Austin Barrow, C. C. Waters, J. M. Alexander, Jr. ; Twelfth (Arkansas and Prairie), E. R. Wiley, George H. Joslyn, B. C. Morgan, A. O. Espy; Thirteenth (Hot Spring, Montgomery, Polk, Scott and Grant), J. F. Lans, J. J. Simpter, James M. Bethel; Fourteenth (Hempstead), B. B. Battle, W. R. Basden, I. C. P. McLendon; Fifteenth (Lafayette and Little River), Thomas Orr, C. Bar- bour, W. C. Hazeldine ; Sixteenth (Calhoun and Union), Thomas Gray, Alex Mason; Seventeenth (Clark, Pike and Sevier), G. Haddock, Charles W. Tankersley, John Wagner, T. G. . T. Steele ; Eighteenth (Columbia), D. J. Smith, F. M. Thompson, U. G. \Vood; Nineteenth (Ouachita), D. E. Jenkins, M. A. Fricks ; Twentieth (Bradley, Jefferson and Grant), William Young. G. W. Prigmore, J. M. Clayton, R. S. Parker, E. G. Hale, Carl Pope; Twenty-first (Grant, Perry, Saline and Dal- 92 OUTLINE OF EXECUTIVE las), W. R. Harley, J. H. Scales ; Twenty-second (Ashley, Chicot, Drew and Desha), A. J. Robinson, C. W. Freddy, H. Marr, E. A. Felton, J. W. Harris, John Webb. They met in regular session January 2, 1871. J. M. John- son, as lieutenant-governor, was president of the senate. R. L. Archer was elected secretary. C. W. Tankersley was speaker of the house; J. R. Richards, clerk. The session lasted until March 25, 1871. As the term of United States Senator Alexander McDonald would expire on March 4, 1871, it was necessary for this Assem- bly to elect his successor. On January 11, 1871, the two houses met in joint session for that purpose. Governor Clayton received a majority of the votes and was declared elected. But, for reasons the history of which is given below, Clayton later de- clined the election. By 1871 the Republicans of Arkansas were divided into two factions. One faction was known as the "Minstrels," and the other as the "Brindle Tails." The former was led by Governor Clayton and the latter by the Rev. Joseph Brooks. The name "Minstrels" grew out of the fact that John G. Price, editor of the Little Rock Republican, and a staunch supporter of Gov- ernor Clayton, had once been connected with a minstrel troupe. The other faction received its name from Jack Agery, a negro orator, who said: "Rev. Joe Brooks' voice reminds me of an old brindle tail bull I knew of when I was a boy, that bellowed so loud he scared the other cattle half to death." Lieutenant-Governor Johnson, in the split, turned out to be a "Brindle Tail," as shown at the opening of the legislative session when he recognized Joseph Brooks as a senator from the district composed of Pulaski and White counties. Thus the plans of Clayton and his crowd became confused. For, if Clay- ton went to the United States Senate, Johnson would then be governor. As such, he would turn the state over to the hated "Brindle Tails." Accordingly, resolutions of impeachment against the lieutenant-governor were introduced by the "Min- strels," charging him with having recognized Brooks as senator in defiance of law. By this means Clayton meant to get John- son out of the way. But the plan failed, because the senate com- mittee on elections removed the cause for impeachment by un- AND LEGISLATIVE HISTORY 93 seating Brooks. The impeachment proceedings having failed, Clayton then announced that duty compelled him to decline the office of United States Senator. On February 16, 1871, W. B. Padgett, a."Brindle Tail," pre- sented a motion in the house "to impeach Governor Powell Clay- ton of high crimes and misdemeanors, and to suspend him from the office of governor." The motion charged him with "con- spiring to deprive the lieutenant-governor of the office to which he. was elected by the people ; that he has unlawfully removed certain officers in Clark county ; that he has encouraged frauds in the election of senators and representatives from the Thir- teenth District, composed of Hot Spring, Montgomery, Polk and Scott counties ; that he accepted pecuniary consideration for issuing railroad aid bonds of the state to the Memphis & Little Rock, the Little Rock and Fort Smith, and the Mississippi, Ouachita & Red River railroad companies in violation of law; and that he has committed other high crimes." The motion was carried by a vote of 43 to 33 and managers were appointed to prepare articles of impeachment for pre- sentation to the bar of the senate. Clayton's friends knew how to "fix" witnesses, and the board of managers failed to' pro- duce sufficient testimony to sustain the impeachment charges, which were accordingly dismissed. Fortunately for the "Min- strels" an incident occurred at this juncture which relieved the situation. Robert J. T.. White, secretary of state, resigned and Clayton prevailed upon the lieutenant-governor to accept an appointment to the vacancy. Ozra A. Hadley was then elected president of the senate. On March 14, 1871, at another joint session of the two houses, Powell Clayton was again elected LTnited States senator "to fill the vacancy occasioned by his declination." Of the general Acts passed at this session, the following were the most important: Provision was made for the organ- ization of the Industrial University, as created by the seven- teenth General Assembly ; the time for the completion of all railroads that had received state aid was extended ; the election laws were amended, and the elective franchise was restored to a large number of citizens. 94 OUTLINE OF EXECUTIVE ELISHA BAXTER GOVERNOR, JANUARY 6, 1873 .NOVEMBER 12, 1874 On March 17, 1871, Powell Clayton, in a message to the Gen- eral Assembly, announced his resignation as governor and in- formed the members that he had turned over all the records of the governor's office to Ozra A. Hadley, president of the senate, who would be acting governor for the remainder of the term to which he (Clayton) had been elected. Thus, through Hadley, who proved himself the willing tool of the Clayton regime, Powell Clayton continued to govern the state from his seat in the United States Senate until the inauguration of his lawfully elected successor. Elisha Baxter, tenth governor of the State of Arkansas, was born in Rutherford county, North Carolina, September 1, 1827. Pie was~ the son of William and Catherine (Lee) Baxter. The father was a native of Ireland, who came to America in 1789. His mother was a native of Virginia. Elisha received only a limited education and in 1848 engaged in the mercantile business in the county where he was born. In 1852 he came to Arkansas; settled in Batesville, where he and his brother, Taylor Baxter, opened a mercantile establishment in 1853. In 1854 he was elected to the house of representatives from Independence county. His interest in politics, and the consequent neglect of his busi- ness, caused the failure of his mercantile firm in 1855, though he and his brother afterwards paid every cent of their indebted- ness. Soon after his failure as a merchant, he went into the office of the Independent Balance, a Batesville newspaper conducted by M. S. Kennard and W. F. Fort, to learn the printer's trade. Here he was employed for about a year, studying law in the meantime with H. F. Fairchild. In 1856 he was admitted to the bar and in 1858 was again elected to the General Assembly. At the close of the legislative session in 1859 he formed a part- nership with James Hinds, who was elected to Congress in 1866 and was killed shortly afterwards, as an incident of the troubles of reconstruction. Prior to the war, Baxter had been a Whig. He was opposed to secession. k When the war began, in 1861, he became a Union man. As such, General Samuel R. Curtis offered him, in 1862, AND LEGISLATIVE HISTORY 95 the colonelcy of the First Regiment of Arkansas Union Infantry. He declined the commission, not because of any lack of loyalty, but because he was of southern birth and did not like to take up arms against his friends. Soon after that he went to Mis- souri, where he was captured by a detachment of Confederate cavalry belonging to the command of Colonel Robert C. New- ton. He was paroled by Colonel Newton and ordered to report to General T. H. Holmes at Little Rock. Upon his arrival there he was arrested on the charge of treason against the Confed- erate States and thrown into the county jail. An indictment was returned, but the trial was postponed and with the assistance of friends he managed to make his escape. He then sought refuge inside the Federal lines. Whereupon General Fredrick Steele authorizd him to recruit a regiment for the Federal service, and he raised the Fourth Arkansas Mounted Infantry, of which he was commissioned colonel. He commanded the post at Bates- ville until the formation of the Murphy government in the spring of 1864. He was then elected chief justice of the Supreme Court. Two weeks later he was elected United States Senator, but was not permitted to take his seat. By this time he had re-established his residence at Batesville, where he took up again the practice of his profession. In 1868 he was appointed register in bankruptcy for the First Congres- sional District, by Salmon P. Chase, then Chief Justice of the United States Supreme Court. The same year he was appointed judge of the Third Circuit by Governor Clayton. He discharged the duties of both circuit judge and register in bankruptcy until nominated for governor in 1872. In November, 1874, when he was succeeded in the office of governor by Augustus H. Garland, he retired to private life at Batesville. Again he took up the practice of law and also engaged in agricultural pursuits. He died at his home in Batesville May 31, 1899. In 1849 Governor Baxter married Miss Harriet Patton, daughter of Elijah Patton, of Rutherford county, North Caro- lina. To this union were born six children Millard P., Edward A., Catherine M., George E., Hattie O., and Fannie 'E. Nineteenth General Assembly Members of the nineteenth General Assembly were elected November 5, 1872. According to the Arkansas Gazette of Jan- 96 OUTLINE OF EXECUTIVE uary 3, 1873, the senate was made up of nineteen regular Repub- licans, one Liberal Republican and five Democrats. Of the rep- resentatives, fifty-two were regular Republicans; two were Lib- eral Republicans and twenty-eight Democrats. The members of the senate were: First District (Jackson, Craighead, Poinsett, Cross and Mississippi counties). J. F. Grier- son; Second (Greene, Lawrence, Randolph and Sharp), T. J. Ratcliffe; Third (Madison, Marion, Carroll, Fulton and Izard), William Dugger; Fourth (Independence and Van Buren), R. W. McChesney; Fifth (Searcy, Pope and Conway), A. D. Thomas; Sixth (Newton, Johnson, Yell and Sarber), Thomas A. Hanks; Seventh .(Washington and Benton), Alex Caraloff; Eighth (Crawford, Franklin and Sebastian), J. D. Arbuckle; Ninth (Crittenden, St. Francis and Woodruff), Asa Hodges; Tenth (Pulaski and White), John Goad, R. B. White; Eleventh (Phil- lips and Monroe), J. T. White, Frank Gallagher; Twelfth (Arkansas, Prairie and Lincoln), P. C. Dooley; Thirteenth (Scott, Polk, Montgomery and Hot Spring), D. P. Bedlin ; Four- teenth (Hempstead and Nevada), John Brooker; Fifteenth (Lafayette and Little River), James Torrons; Sixteenth (Union and Calhoun), W. A. Coit ; Seventeenth (Clark, Pike and Sevier), James Howard; Eighteenth (Columbia and Nevada), B. F. Askew; Nineteenth (Ouachita), J. T. Elliott; Twentieth (Jefferson, Bradley, Grant and Lincoln), J. M. Clayton, R. A. Dawson; Twenty-first (Saline, Dallas, Perry and Grant), B. B. Beavers; Twenty-second (Ashley, Chicot, Drew, Desha and Lin- coln), S. A. Duke, S. H. Holland. Those elected to the house were: First District (Craighead, Cross, Jackson and Mississippi counties), Roderick Joiner, W. H. Cate, H. M. McVeigh, F. W. Lynn; Second (Greene, Lawrence, Sharp and Randolph), George Thornburg, B. H. Crowley, William G. Matheney; Third (Carroll, Fulton, Izard, Marion and Boone), W. L. Chapman, Joseph Wright, J. M. Foster, J. F. Cunningham; Fourth (Independence and Van Buren), Joe Cleveland, Rufus Lee, John G. Nunn; Fifth (Searcy, Pope and Conway), Benton Turner, Y. B. Shappard, J. F. Stevenson; Sixth (Newton, Johnson, Yell and Sarber), John N. Sarber, P. H. Spears, James A. Shrigley; Seventh (Benton and Wash- ington), David Chandler, James H. Berry, D. Bridenthal, T. W. Thomasson; Eighth (Crawford, Sebastian and Franklin), J. A. Davie, C. E. Berry, L. C. White, S. L. Strong; Ninth (Critten- AND LEGISLATIVE HISTORY 97 den, St. Francis and Woodruff), W. L. Copeland, Adam John- son, Charles Brown, J. M. Johnson; Tenth (Pulaski and White), L.-B. Mitchell, J. M. Gist, W. I. Warwick, N. Brown, J. B. Clopton, Joseph N. Murphy; Eleventh (Phillips and Monroe), J. W. Williams, Tony Grissom, John W. Fox, W. H. Furbush, G. H. W. Stewary, H. H. Robinson; Twelfth (Arkansas, Prairie and Lincoln), M. M. Erwin, J. F. Preston, J. P. Eagle, D. J. Hinds; Thirteenth (Scott, Polk, Montgomery, Hot Spring and Grant), L. D. Gilbreath, J. J. Sumpter, George G. Latta; Four- teenth (Hempstead and Nevada), R. T. Page, Arch Sheperson, W. A. Marshall; Fifteenth (Lafayette and Little River), M. Hawkins, M. D. Kent, A. M. Hankins ; Sixteenth (Union and Calhoun), W. Robertson, W. B. Coit; Seventeenth (Clark, Pike and Sevier), C. W. Tankersley, G. A. Kingston; Eighteenth (Columbia and Nevada), W. M. C. Reid, W. A. Beasley, J. C. Walker; Nineteenth (Ouachita and Nevada), H. A. Millen, C. Thrower; Twentieth (Jefferson, Bradley, Grant and Lincoln), A. E. Beardsley, A. J. White, W. Murphy, Ferd Havis, V. M. Gehee, J. M. Merrett; Twenty-first (Dallas, Saline, Perry and Grant),. J. W. Gossett, W. R. Harley; Twenty-second, S. W. McLeod, John C. Collins, X. J. Pindall, O. F. Parish, J. T. W. Tillar, J. E. Joslyn. They met in regular session January 6, 1873. Volney V. Smith, as lieutenant-governor, was president of the senate. W. W. Orrick was elected secretary. C. W. Tankersley was speaker of the house; Henry M. Cooper, clerk. The session lasted until April 25, 1873. According to the usual custom, the two houses, as soon as they were organized, met in joint session to canvass the returns of the November election. Baxter, whose election was contested by Joseph Brooks, was declared elected, and then inaugurated. Whereupon he delivered a brief address, in which he pledged himself to carry out the promises made by his party in the cam- paign, especially the restoration of the right to vote to the dis- franchised citizens of the state. .The General Assembly of 1871 had proposed an amendment to the constitution for the removal of all restrictions upon the exercises of the elective franchise, except for felonies, of which the accused had been duly convicted, and insane persons. And the nineteenth General Assembly submitted this amendment to the people at a special election on March 3, 1873. The amend- 08 OUTLINE OF EXECUTIVE ment was thus ratified % popular vote and Governor Baxter issued a proclamation on April 19, 1873, declaring it a part of the constitution. But the registration officers still retained the power to strike from the lists of voters the names of such per- sons as they thought were not entitled to vote, hence the amend- ment lost some of its force through the arbitrary acts of regis- tration boards. At this session a ''civil rights bill" was passed for the pur- pose of preventing railroads, hotels, restaurants, places of amusement, etc., from discriminating against colored people; the board of education was ordered to establish schools for colored children ; the state was divided into five congressional districts ; counties, cities and towns were authorized to issue bonds to aid in railroad construction. Stephen W. Dorsey was elected United States Senator, to suc- ceed Benjamin F. Rice, for the term beginning March 4, 1873. Of Dorsey's election the Helena World said: "S. W. Dorsey has been in our state about two years, all told. About half of that time he was not a denizen, his family remaining in his cherished home, Oberlin, Ohio. He is unknown to the people of Arkansas. He came here to promote his railroad interests. He obtained state, county and city aid, under the most solemn pledges. By trickery, hocus-pocus and legerdemain, the gauge of the road was changed from standard to narrow gauge, as adopted. Today we have a wheelbarrow road from Helena westward, costing nothing in comparison with the one he professed to come here to construct." As an incident of the Brooks-Baxter war (see High Lights), Governor Baxter called a special session of the nineteenth Gen- eral Assembly, which began May 11, 1874. As Brooks and his men were in possession of the State House, the assembly met in a hall situated on Markham street near Rock street. The lieu- tenant-governor, Volney V. Smith, and Speaker Tankersley, both being absent, J. G. Frierson was elected president pro tempore of the senate, and James H. Berry speaker of the house. The only really important Act of the session was an Act calling a constitutional convention (see High Lights). On May 19, 1874, Governor Baxter having been recognized by President Grant as the lawfully elected governor, Baxter and the General Assembly took possession of the State House, where the latter continued in session until May 28, 1874. AND LEGISLATIVE HISTORY 99 AUGUSTUS HILL GARLAND GOVERNOR, NOVEMBER 12, 1874 JANUARY 11, 1877 Augustus Hill Garland, eleventh governor of the State of Arkansas, was born in Tipton county, Tennessee, June 11, 1832. When he was about a year old his parents removed to Arkansas and located on the Red river, in the eastern part of Miller county. There the father died after a few months, and the mother, with her four children John, Rufus K., Elizabeth and Augustus removed to Spring Hill, Hempstead county. About 1844 they removed to Washington, the county seat of Hempstead, where Augustus was prepared for college in the private school of H. R. Banks. At the age of fourteen he was sent to Bardstown, Ken- tucky, and there he pursued his academic studies in the Cath- olic colleges of St. Mary and St. Joseph. Upon completing the course he returned to Arkansas and for one year taught school in Sevier -county. In the meantime his mother had married Thomas Hubbard, with whom August took up the study of law. In 1853 he was admitted to the bar. That same year he married Miss Virginia Sanders, a daughter of Simon T. Sanders, who served as clerk of Hempstead county for thirty years. He now began the prac- tice of his profession in Washington. He moved to Little Rock in 1856. He was admitted to practice in the Supreme Court of the United States in 1860; was elected delegate to the state con- vention of 1861, and, although opposed to secession, acquiesced in the will of the majority. He was one of the five delegates to the provisional Confederate Congress, which met at Mont- gomery, Alabama, in May, 1861. He continued a member of the Confederate Congress until the close of the war. During the last six months of the war he was a senator. After the war he took up again the practice of law at Little Rock, but under the Act of Congress of January 24, 1865, all attorneys who had aided and abetted the Southern Confederacy were prohibited from practicing unless they took what was called "the iron-clad oath/' Garland opposed this law, on the grounds that it was "ex post facto" in its application, and the United States Supreme Court finally decided in his favor. Garland was the first governor elected under the constitution of 1874, which provided for a term of two years. In 1877 he 100 OUTLINE OF EXECUTIVE was elected United States Senator to succeed Powell Clayton. At the expiration of his term as senator he was re-elected for the term beginning on March 4, 1883. He served only a little more than a year of his second term, when President Cleveland ap- pointed him attorney-general of the United States the only Arkansan who has held a cabinet position. At the close of Cleve- land's term in March, 1889, Garland returned to Arkan- sas and practiced law until his death. On January 26, 1899, while making an* argument before the United States Supreme Court, he was stricken with apoplexy and died in the court room a few minutes later. His body was brought to Little Rock and buried in Mount Holly Cemetery by the side of his wife, w r ho died in 1877. In 1908 the Arkansas Gazette started a movement to erect a suitable monument over Garland's last resting place. The people of Arkansas, as well as his many friends in other states, responded liberally, and the monument one of the most imposing in the cemetery was dedicated about a year later. Garland was a man of plain manners and simple tastes. Some years before his death he purchased a plantation of 12,000 acres, about twelve miles from Little Rock, and conferred upon it the homely name of "Hominy Hill." While serving as attorney- general, he often told his friends in Washington that "Hominy Hill" was a more congenial place than the most palatial home in the national capital. Twentieth General Assembly- Members of the twentieth General Assembly were elected October 13, 1874. The Republicans, though they held a party convention on September 15, 1874, did not nominate a state ticket, on the grounds that the proposed constitution was ille- gally framed. But the Arkansas Gazette of October 20, 1874, said: "Notwithstanding the Republicans resolved to take no part in the election, they did take part, and run tickets in every county in the state where they had a prospect of success, and in three or four counties have succeeded in electing them." The same paper in its issue of October 14 said: "Yesterday was a red- letter day in the history of Arkansas ra , day worthy of being regarded and settled upon in the future as one appropriate for AND LEGISLATIVE HISTORY 101 thanksgiving to Almighty God for the restoration of their liber- ties to the people of a long suffering state." And again on the 15th The Gazette said: "As a result of Tuesday's election an unaccustomed feeling of most profound quiet, security, satisfac- tion and confidence for the future pervades the breasts of the entire community. The feeling is general that the days of cor- ruption in office, the supremacy of indigence and ignorance over worth and intelligence, the subordination of agriculture, trade, manufactures and every professional and business interests as secondary in importance to the schemes and ends of adventurers and politicians, of confiscatory taxation, have ended forever." The whole community feels that the ship of state has left a stormy and tempest-tossed sea and entered into a peaceful haven." Thus the constitution of 1874, framed and adopted by the native white population, was ratified almost without opposition. Also, the General Assembly elected on the same day was over- whelmingly Democratic. The members of the senate were: First District (Greene. Craighead and Clay counties), E. F. Browe; Second (Randolph, Lawrence and Sharp), Lewis Williams; Third (Carroll, Boone and Newton), Bradley Bunch; Fourth (Johnson and Pope), C. E. Tobey; Fifth (Washington), B. F. Walker; Sixth (Inde- pendence and Stone), L. H. Sims; Seventh (Woodruff, St. Fran- cis, Cross and Crittenden), J. M. Pollard; Eighth (Yell and Sar- ber), J. W. Toomer; Ninth (Saline, Garland, Hot Spring and Grant), Hugh McCallum; Tenth (Pulaski and Perry), J. M. Loughborough, W. H. Blackwell ; Eleventh (Jefferson), George Haycock; Twelfth (Lonoke and Prairie), W. F. Hicks; Thir- teenth (Arkansas and Monroe), William Black; Fourteenth (Phillips and Lee), J. W. Williams; Fifteenth (Chicot and Desha), X. J. Pindall ; Sixteenth (Lincoln, Dorsey and Dallas), Thomas Fletcher; Seventeenth (Drew and Ashley), G. W. Nor- man: Eighteenth (L T nion and Bradley), B. M. W. Warren; Nineteenth (Calhoun and Ouachita), C. Thrower; Twentieth (Hempstead and Nevada), James K. Jones ; Twenty-first (Colum- bia and Lafayette), J. G. Johnson; Twenty-second (Little River, Sevier, Howard and Polk), B. F. Forney; Twenty-third (Fulton, Izard, Marion and Baxter), D. G. Hart; Twenty-fourth (Ben- ton and Madison), C. J. Reagan; Twenty-fifth (Crawford and Franklin), Jesse Turner; Twenty-sixth (Van Buren, Conway 102 OUTLINE OF EXECUTIVE and Searcy), John Campbell; Twenty-seventh (White and Faulkner), J. W. House; Twenty-eighth (Sebastian and Scott), J. F. Wheeler; Twenty-ninth (Poinsett, Jackson and Missis- sippi), J. T. Henderson; Thirtieth (Clarke, Pike and Mont- gomery), O. D. East. Those elected to the house were : Arkansas county, R. C. Chancy; Ashley, J. D. Bragg; Baxter, R. D. Casey; Benton, James Putman, J. H. Rice; Boone, J. N. Coffey; Bradley, Solo- mon Gardner; Calhoun, Mose' Hill; Carroll, H. M. Moore; Chicot, F. G. Davis; Clark, A. N. Wier, J. O. Browning; Clay, E. B. Headlee; Columbia, J. T. Poe, Baley Baker; Conway, J. P. Venable; Craighead, J. S. Anderson; Crawford, James Greig; Crittenden, W. L. Copeland; Cross, G. M. Sharp; Dallas, W. C. Barrett ; Desha, J. A. Robinson ; Dorsey, B. B. Martin ; Drew, D. S. Wells; Faulkner, S. B. Burns; Franklin, A. D. Sadler; Fulton, E. D. Rhea; Garland, J. J. Gillis; Grant, W. N. Cleve- land ; Greene, W. E. Powell ; Hempstead, J. Hannah, J. E. Bos- tic ; Hot Spring, A. A. Pennington ; Howard, O. P. Anderson ; Independence, T. J. Morgan, J. S. Trimble; Izard, E. O. Wolf; Jackson, W. M. Baird ; Jefferson, L. B. Batson, L. J. Maxwell, Ned Hill ; Johnson, J . S. Green ; Lafayette and Miller, Thomas Or; Lawrence, J. B. Judkins ; Lee, P. Polk, H. P. Slaughter; Lincoln, B. F. Sanders; Little River, John B. Durham; Lonoke, W. L. Frazier, J. H. Bradford ; Madison, W. C. Cluck ; Marion, W. B. Flippin : Monroe, F. W. Robinson; Montgomery, Alfred Jones ; Mississippi, J. J. Ruddell ; Nevada, William L. Bright ; Newton, J. H. T. Dodson ; Quachita, J. B. Rumph, W. F. Avera; Perry, M. G. Smyers; Pike, W. Howard; Phillips, Toney Gris- som, A. H. Miller, Perry Coleman ; Poinsett, T. J. McClelland; Polk, Calvin Cochran ; Pope, N. D. Shinn ; Pulaski, R. A. Little, C. S. Collins, R. C. Wall, H. Wildberger ; Prairie, J. D. Booe ; Randolph, James Dodson ; Saline, Alex Russell ; Sarber, Seth Spangles; Scott, I. Frank Fuller; Searcy, James H. Love; Sebas- tian, R. H. McConnell, R. T. Kerr; Sevier, L. H. Norwood; Sharp, Joshua Wann ; St. Francis, George P. Taylor ; Stone, J. M. Foster ; Union, J. M. McRea, J. B. Moore ; Van Buren, Jesse Witt; Washington, W. F. Dowell, J. S. Williams, T. J. Patten ; White, T. W. Wells, T. C. Humphrey; Woodruff, W. P. Moore; Yell, A. M. Fulton. As specialy provided for by the constitution of 1874, mem- AND LEGISLATIVE HISTORY 103 bers of the twentieth General Assembly met in regular session November 10, 1874. Bradley Bunch was elected president of the senate; Thomas W. Newton, secretary. A. A. Pennington was speaker of the house ; J. W. Gaulding, clerk. Owing to the many rumors which were in circulation to the effect that a movement of some sort was on foot to prevent the inauguration of Garland as governor, he and the rest' of the newly elected state officers "entered on the discharge of their duties," as the Arkansas Gazette of November 13 announced, "without ceremony and unexpected to the general public, about nine o'clock yesterday morning." There had been, it seems, vague hints of plans maturing to assassinate Garland. Be that as it may, the fact is that Volney V. Smith, a carpetbagger and a leader of the radical Republican element, who had served as lieu- tenant-governor under Governor Baxter, did issue a proclama- tion in which he charged that the constitution of 1874 had been illegally adopted ; that the Garland government set up under it, with the connivance of Elisha Baxter, who had abandoned the office of governor, was illegal and, in effect, revolutionary. And he (Smith), as the duly elected lieutenant-governor under the constitution of 1868, proposed to take such steps as might prove necessary "to restore the lawful authority of the state." He, according to Smith, was the "lawful" governor; accordingly, he commanded Governor Garland to turn over the office to him within five days. A copy of Smith's proclamation having come into the possession of Garland, the latter caused warrants to be issued for the arrest of Smith and some of his associates for conspiracy," to seize, usurp and overthrow the state government." In a special message to the General Assembly on November 16 Governor Garland said he had offered a reward of $200.00 for the arrest of Smith and asked for the necessary legal authority to increase the amount. Although 'the reward was offered, Smith succeeded in escaping arrest. Unable to get the military aid which he sought of the Federal government, he became an object of general contempt and soon left Arkansas to accept an appointment by President Grant as consul to the Island of St. Thomas. That the influence of Powell Clayton, who was still United States Senator, procured Smith the appointment there is scarcely any doubt. 104 OUTLINE OF EXECUTIVE The twentieth General Assembly ordered an investigation of the financial condition of the state, the results of which were embodied in a joint resolution adopted January 18, 1875. Thus it was published to the world that when Governor Clayton was inaugurated on July 2, 1868, the bonded debt of the state was $3,252,401.50 and there was then a cash balance in the treasury of $319,237.35. When Garland came into office the debt was $17,302,677.14 and the treasury was empty. During the six years of the carpetbag regime, from 1868 to 1874, the annual cost of maintaining the state government was more than one million dollars at least three times as much as it should have cost. During the regular session of this General Assembly, bonds to the amount of $80,000.00 were authorized, to pay the milita organized by Governor Baxter; to encourage industry, manufac- turers of cotton and woolen goods, farming implements, cotton seed oil and leather, and smelting furnaces were exempted from taxation for a period of seven years, provided each establish- ment claiming exemption had a capital of $2,000.00 or more invested ; the amount of reward that could be offered by the gov- ernor, in cases of felony, was increased to $1,000.00; a vote of thanks was given Governor Baxter, and a joint resolution endorsed the action of Governor Garland in the Smith matter. The session adjourned on March 5, 1875, to meet again on the 1st of the following November. At the adjourned session, which lasted from November 1. 1875, until December 15, 1875, Acts were passed to fix the time of holding the sessions of the General Assembly on the second Monday in January, 1877, and on the same day every two years thereafter ; to repeal the Ku-Klux law ; to redistrict the state for congressional purposes ; to authorize a loan for the current ex- penses of the state government; and to appropriate $15,000.00 for a proper representation of the state at the Centennial Expo- sition in celebration of the signing of the Declaration of Inde- pendence. (See High Lights.) AND LEGISLATIVE HISTORY 105 WILLIAM REED MILLER GOVERNOR, JANUARY 11, 1877 JANUARY 13, 1881 William Reed Miller, the twelfth governor of the State of Arkansas, was a member of one of the well-known pioneer fam- ilies. He was the first native Arkansan to be elected to the office of chief executive. His grandfather, Simon Miller, came to Arkansas from Virginia in 1814, while it was a part of Missouri Territory. With him came his son John, the father of William R., who was born in Bedford county, Virginia, in 1787. He married Miss Clara Moore, a native of Vermont, and became an active participant in political affairs of Arkansas about the time that the state was admitted into the Union. In 1840 he was one of the Democratic presidential electors and as such voted for Martin Van Buren. From 1846 to 1848 he was register of the United States land office at Batesville. William R. Miller was born at Batesville, November 27, 1823. Until he was twenty-one years of age he lived on the farm, attending school as opportunity offered, though much of his early education was acquired under the teaching of his mother, who was a well educated \voman. '"Billy" Miller, as he was com- monly called, was an ambitious youngster, and somewhat pre- cocious withal. An instance of his precocity is cited in connec- tion with the political campaign of 1836. "Billy," then a boy of thirteen years,, saw C. F. M. Noland, an enthusiastic Whig, on the street in Batesville, and shouted: "Hurrah for Van Buren!" To this Mr. Noland replied: "Hurrah for a jackass!" The boy promptly came back with : "That's right, Fent ; you holler for your candidate and I'll holler for mine." Some of the neighbors predicted that "Billy" Miller would "come to some bad end," while other scoffed at the idea, and declared "He will be governor." Back of all his boyish pranks, which caused some people to wag their heads and declare "holy terrer," there was a determination to succeed. By close appli- cation to his studies and making the most of his opportunities, he acquired a practical education. In 1848, when only twenty-five years of age, he was elected clerk of Independence county and served until 1854. Governor Elias N. Conway appointed him state auditor to fill the vacancy caused by the resignation of C. C. Danley in 1854. The next year Conway appointed him an ac- 106 OUTLINE OF EXECUTIVE countant of the Real Estate Bank. In that position he demon- strated not only his skill as a bookkeeper, but also his sterling integrity. In 1856 he was elected state auditor; was re-elected at each succeeding biennial election until 1864. He did not serve the last of these terms, because the Murphy government was estab- lished April, 1864, whereupon he turned the office over to James R. Berry. Two years later he defeated Berry for the office and served until ousted under the -constitution of 1868. He was then admitted to the bar and practiced law at Batesville until 1874, when he was again elected state auditor. In 1876 he was elected governor and was re-elected in 1878, serving two full terms, or four years in all. Upon retiring from the. governor's office he returned to Batesville and made his home there until again elected state auditor in 1886. He died November 29, 1887, before the expiration of his term. On January 27, 1849, he was married to Miss Susan E. Bevans, daughter of Judge William C. Bevans, of Batesville, and to this union were born two sons and five daughters. Twenty-First General Assembly- Members of the twenty-first General Assembly were elected September 4, 1876. Of those elected, there were only eighteen Republicans, a majority of whom were in the house. Five of those elected by the Republicans were negroes. Those elected to the senate were: Eirst District (Greene, Claighead and Clay counties). B. H. Crowley ; Second (Ran- dolph, Lawrence and Sharp), Joseph B. Judkins ; Third (Carroll, Boone and Newton), Bradley Bunch; Fourth (Johnson and Pope), Charles E. Robey ; Fifth (Washington), A. M. \Vilson ; Sixth ( Independence and Stone), L. H. Sims; Seventh (Wood- ruff, St. Francis, Cross and Crittenden), C. L. Sullivan, vice T. M. Pollard, deceased; Eighth (Yell and Logan), B. B. Chism ; Ninth (Saline, Garland, Hot Spring and Grant), A. A. Pen- nington ; Tenth (Pulaski and Perry), Samuel W. Williams, vice James M. Loughborough, deceased, W. H. Blackwell ; Eleventh (Jefferson), George Haycock; Twelfth (Lonoke and Prairie), W. F. Hicks; Thirteenth (Monroe and Arkansas), A. H. Fer- guson; Fourteenth (Phillips and Lee), A. L. Stanford; Fifteenth AND LEGISLATIVE HISTORY 107 (Desha and Chicot), X. J. Pindall ; Sixteenth (Lincoln, Dorsey and Dallas), M. M. Duftie ; Seventeenth (Drew and Ashley), G. W. Norman; Eighteenth (Bradley and Union), J. R. Hamp- ton; Nineteenth (Calhoun and Ouachita), C. Thrower; Twen- tieth (Hempstead and Nevada), J. K. Jones; Twenty-first (Columbia and Lafayette), James G. Johnson; Twenty-second (Little River, Sevier, Howard and Polk), M. J. Mulkey; Twenty-third (Fulton, Izard, Marion and Baxter), H. C. Tip- ton; Twenty-fourth (Benton and Madison), C. G. Reagan; Twenty-fifth (Crawford and Franklin), H. B. Armistead; Twenty-sixth (Van Buren, Conway and Searcy), John Camp- bell; Twenty-seventh (White and Faulkner), J. W. House; twenty-eighth (Sebastian and Scott), R. T. Kerr; Twenty-ninth (Jackson, Mississippi and Poinsett), Benjamin Harris; Thirtieth (Clark, Pike and Montgomery), O. D. East. The members of the house were : Arkansas county, Robert C. Chancy; Ashley, Hogan Allen; Baxter, V. B. Tate; Benton, J. Dunigan, E. P. Watson ; Bradley, John R. Barnett ; Boone, R. B. Weaver: Carroll, W. S. Poyner : Calhoun, Moses Hill; Chicot, T. E. Willing; Clark, H. H. Colrman, Alf J. Hearne ; Clay, E. B. Headlee ; Columbia, D. L. Kilgore, W. H. C. Reid ; Conway, E. P. Hervey; Craighead, W. Mooney; Crawford, J. J. Warren ; Crittenden, James Wofford ; Cross, Britton Roleson ; Dallas, Robert Martin; Desha, S. J. Peoples; Dorsey, W. H. Blankenship ; Drew, James R. Cothman ; Faulkner, Jesse E. Mar- tin ; Franklin, T. D. Berry ; Fulton, James F. Cunningham ; Gar- land, H. M. Rector, Jr. ; Grant, T. B. Morton ; Greene, Jason H. Hunter; Hempstead, James A. Williamson, George H. Andrews; Hot Spring, J. S. Williams ; Howard, R. L. Duncan ; Indepen- dence, T. J. Stubbs, E. C. Gray; Izard, John W. C. Hardner; Jackson, J. A. Stinson ; Jefferson, C. H. Rice, Anderson Ebber- son, William Murphy ; Johnson, A. S. McKennon ; Lafayette and Miller, Henry F. Best ; Lawrence, John K. Gibson ; Lee, Patrick, Price, Crockett Brown ; Lincoln, T. H. Sawyer ; Little River. John B. Durham ; Logan, B. Priddy ; Lonoke, J. P. Eagle, A. D. Lawhorn ; Madison, M. F. Sams ; Marion, J. F. Wilson ; Mississippi, J. H. Williams; Monroe, J. K. Whitson ; Mont- gomery, William R. Cubage ; Nevada, Thomas C. McRae ; New- ton, William R. Lee; Ouachita, W. 'F. Avera, L. W. Matthews; Perry, Jesse H. Jones; Phillips, Berry Coleman, J. M. Donohue, 108 OUTLINE OF EXECUTIVE T. M. Jacks; Pike, B. D. Brock; Poinsett, L. B. Cobb; Polk, Joseph G. McLeod; Pope, Lewis W. Davis; Prairie, J. S. Thomas ; Pulaski, W. C. Ratcliffe, M. J. McHenry, Z. P. L. Farr, E. H. Maynard; Randolph, Peter M. Pierce; Saline, Isaac Har- rison ; Scott, James H. Smith ; Searcy, A. Davis ; Sebastian ; William Fishback, C. Milor; Sevier, N. P. Floyd; Sharp, Sam H. Davidson; St. Francis, R. W. Peevy; Stone, J. M. Foster; Union, B. W. M, Warren, A. S. Morgan; Van Buren, V. B. Jen- nings ; Washington, T. W. Thomason, W. C. Braley, C. W. Walker; White, T. W. Well's, W. E. Fisher, Woodruff, T. E. Stanley; Yell, Joseph T. Harrison. They met in regular session January 8, 1877. James K. Jones was elected president of the senate; Jacob Frolich, sec- retary. D. L. Kilgore was speaker of the house ; Thomas W. Newton, clerk. The session lasted until March 8, 1877. January 16, 1877, Augustus H. Garland was elected United States senator, to succeed Powel Clayton, for the term begin- ning on March 4, 1877. Garland received 113 votes on joint bal- lot to eight votes for T. D. W. Yonley. Of the eighteen Repub- licans in the General Assembly, ten voted for Garland. Five of these were colored men. Most of the Republicans who sup- ported Garland gave as their reason that the progress made by the state during the two years while he was governor warranted them in assisting to send him to the United States Senate. This General Assembly continued the policy of its immediate predecessor, by enacting laws calculated further to restore the state to its normal condition of prosperity and to correct the abuses of the Reconstruction period. Taxes were reduced, lib- eral appropriations were made for the maintenance of the pub- lic institutions, the commissioner of state lands was authorized to sell the property formerly belonging to the Institute for the Blind at Arkadelphia, and counties were authorized to issue new bonds to fund outstanding indebtedness. Twenty-Second General Assembly- Members of the twenty-second General Asembly were elected September 2, 1878. Upon a joint ballot of trie two houses, the Republicans were able to muster only about a dozen votes. The members of the senate were: First District (Greene, AND LEGISLATIVE HISTORY 109 Craighead and Clay counties), B. H. Crowley; Second (Carroll, Boone and Newton), W. W. Watkins; Third (Randolph, Law- rence and Sharp), J. B. Judkins; Fourth (Johnson and Pope), John F. Hill; Fifth (Washington), A. M. Wilson; Sixth (Inde- pendence and Stone), James Rutherford; Seventh (Woodruff, St. Francis, Cross and Crittenden), R. J. Williams; Eighth (Yell- and Logan), B. B. Chism; Ninth (Saline, Garland, Hot Spring and Grant), A. A. Pennington; Tenth (Pulaski and Perry), W. L. Terry, E. D. Boyd; Eleventh (Jefferson), H. King White; Twelfth (Lonoke and Prairie), J. E. Gatewood; Thirteenth (Arkansas and Monroe), A. H. Ferguson; Four- teenth (Phillips and Lee), A. L. Stafford; Fifteenth (Desha and Chicot), Charles H. Carlton ; Sixteenth (Lincoln, Dorsey and Dallas), M. M. Duffie; Seventeenth (Drew and Ashley), T. M. Whittington; Eighteenth (Bradley and Union), J. R. Hamp- ton; Nineteenth (Calhoun and Ouachita), J. R. Thornton; Twentieth (Hempstead and Nevada), C. E. Mitchell; Twenty-first (Columbia, Lafayette and Miller), W. H. C. Reid; Twenty-sec- ond (Little River, Sevier, Howard and Polk), M. K. Mulkey; Twenty-third (Fulton, Izard, Marion and Baxter), H. C. Tip- ton; Twenty-fourth (Benton and Madison), E. P. Watson; Twenty-fifth (Crawford and Franklin), H. B. Armistead; Twenty-sixth (Van Buren, Conway and Searcy), W. S. Adams; Twenty-seventh (White and Faulkner), J. W. Duncan; Twenty- eighth (Sebastian and Scott), R. T. Kerr; Twenty-ninth (Poin- sett, Jackson and Mississippi), Benjamin Harris; Thirtieth (Clark, Pike and Montgomery), C. A. Gantt. Those elected to the house were: Arkansas county, C. B. Brinkley ; Ashley, E. L. Lowe; Baxter, V. B. Tate; Benton, D. H. Williams. W. M. Keith; Boone, W. S. Black; Bradley, J. R. Barnett; Calhoun, O. P. H. Richardson; Carroll^ J. G. Morris; Chicot, J. H. Dickinson; Clark, J. W. Miller, W. H. Weir; Clay, Green B. Hollifield ; Columbia, J. C. Walker, J. E. Askew ; Conway, Lewis Miller; Craighead, S. A. Warren, Jr.; Craw- ford, David H. Creckmore; Crittenden, A. C. Brewer; Cross, T. E. Hare; Dallas, William Owens ; Desha, L. A. Pindall ; Dor- sey, E. L. McMurtry; Drew, D. E. Barker; Faulkner, Joseph Roden; Franklin, Elias Turner; Fulton, J. M. Archer; Garland, W. H. Barry; Grant, L. H. Kemp; Greene, J. E. Riddick , vice W. P. Steele, deceased; Hempstead, J. D. Conway, A. W. Hob- 110 OUTLINE OF EXECUTIVE son; Hot Spring, G. W. Holder; Howard, William. J. Lee; Inde- pendence, J. G. Martin, T. J. Stubbs ; Izard, W. E. Davidson; Jackson, Charles Minor; Jefferson, J. A. Hudson, R. A. Daw- son, W. C. Payne; Johnson, Louis Felton ; Lafayette and Miller, J. C. Tyson; Lawrence, R. P. Mack; Lee, James P. Brown, W. H. Furbush ; Lincoln, John G. Simmons ; Little River, G. D. Britt ; Logan, B. Priddy ; Lonoke, J. M. King, A. W. Bumpass ; Madison, W. C. Cluck ; Marion, W. B. Flippin ; Mississippi. John O. Blackwood; Monroe. Lecil Bobo ; Montgomery, J. H. Demby ; Nevada, John F. Loudermilk ; Newton, W. R. Lee ; Ouachita, John T. Bearden, O. A. Greening; Perry, G. Thomas Holmes; Phillips, Greenfield Quarles, Thomas B. Hanley, W. R. Burke; Pike, H. W. Carter; Poinsett, R. Joyner ; Polk, E. H. Jordon; Pope, E. L. McCracken; Prairie, J. S. Thomas; Pulaski, W. J. Murphy, E. L. Maynard, Isaac Gilliam, Martin Sinnott ; Randolph, R. H. Black ; Saline, Isaac Harrison ; Scott, A. G. Washburn; Searcy, Isaac Burns; Sebastian, W. N. Fishback, R. H. McConnell; Sevier, Cyrus H. Holman; Sharp, S. H. Davidson; St. Francis, George P. Taylor; Stone, J. H. Morris: Union, M. L. Jamison, J. C. Wright; Van Buren, James H. Frazer ; Washington, W. C. Braley, W. T. Walker, E. B. Moore ; White, L. N. Brown, W. R. Coody; Woodruff, T. E. Stanley; Yell, George S. Cunningham. They met in regular session January 13, 1879. M. M. Duffie was elected president of the senate ; L. T. Kretchmar, secretary. J. T. Bearden was speaker of the house ; John G. Holland, clerk. The session lasted until March 13, 1879. It fell to the lot of this General Assembly to elect one United States Senator, a successor to Stephen W r . Dorsey, whose term expired March 4, 1879. Robert W. Johnson, j. D. Walker, M. L. Bell and A. W. Bishop were put in nomination. Seven ballots were required to elect. On the seventh, J. D. Walker received sixty-eight votes, six more than the necessary majority, and was declared elected. In order to hasten the material development of the state, this Assembly passed several Acts which were intended to encourage the building of railroads. Certain swamp and overflowed lands forfeited to the state for non-payment of taxes, situate in the counties of Calhoun, Clark, Dallas and Ouachita, were donated AND LEGISLATIVE HISTORY 111 to the Ouachita Valley Railroad Company, to aid in the con- struction of a railway from Arkadelphia to a point on the Ouachita river opposite Camden. All forfeited lands in Hemp- stead county were donated to the Washington & Hope Railroad Company. The forfeited lands in Benton, Madison and Wash- ington counties were donated "to any railroad company now formed, who will first complete a railroad from the north boun- dary line of the state to the city of Fayetteville." Lands lying in Cross, Lee, Phillips and Poinsett counties, forfeited to the state for' non-payment of taxes, were donated to the Iron Moun- tain & Helena Railroad Company. All lands in the even num- bered sections in the counties of Drew, Lincoln and Jefferson, forfeited to the state prior to the year 1877, and all swamp and overflowed lands in the counties of Ashley and Lonoke, were donated to the Pine Bluff & Monroe Railroad Company, pro- vided a certain amount of road was completed by the first day of January, 1883. Forfeited lands in the counties of Drew, Lincoln and Jefferson, as well as certain other lands belonging to the state, were donated to the Little Rock, Mississippi River & Texas Railway Company. All these donations were made tinder prescribed conditions. Clark county was abolished by this General Assembly and the territory attached to the counties of Dallas and Nevada. The state was redistricted for the election of representatives in Con- gress. A change was made in the law regulating the manner in which amendments to the constitution should be proposed. County courts were authorized to divide the lands subject to overflow into levee districts and provide for the building and repair of levees, and provisions were made for the reduction of the outstanding liabilities of the state. The most important and far-reaching Act of the session was the proposed amendment to the constitution prohibiting the Gen- eral Assembly from levying a tax or making any appropriation to pay the principal or interest of the "Funding Bonds," some- times called the "'Hoi ford Bonds," and certain other bonds. This amendment, proposed by joint resolution, became effective with- out the signature of the governor, because the Assembly ad- journed soon after its adoption and Governor Miller failed to return it with his objections, if he had any, to the secretary of state within the specified twenty days after the adjournment. 112 OUTLINE OF EXECUTIVE THOMAS JAMES CHURCHILL GOVERNOR, JANUARY 13, 1881 JANUARY 13, 1883 Thomas James Churchill, thirteenth governor of the state of Arkansas, was born near Louisville, Kentucky, March 10, 1824. He was educated in the common schools of his native state and at St. Mary's College, Bardstown, Kentucky, where he was grau- uated in 1844. He then took the law course in Translyvania University, Lexington, Kentucky. When war against Mexico was declared in 1846 he enlisted as a lieutenant in the First Ken- tucky Mounted Riflemen, commanded by Colonel Humphrey Marshall. In January, 1847, he was one of a scouting party captured near Encarnacion and taken to the City of Mexico. When General Winfield Scott was advancing upon the Mexican capital, the prisoners there were taken to Toluca, about fifty miles southwest of the city, and were there exchanged, but not until the war was practically over. After the. Mexican W r ar, Churchill settled in Little Rock. On the last day of July, 1849, he married Miss Ann, daughter of Ambrose H. Sevier. After his marriage he engaged in the man- agement of a large plantation near the city. In 1857 he was appointed postmaster at Little Rock by President James Buchanan, which position he held until 1861. At the beginning of the war in 1861 he raised a regiment of cavalry, which was mustered into the Confederate service as the First Arkansas Mounted Riflemen, and of which he was made colonel. He served with distinction to the close of the war and by successive pro- motions reached the rank of major-general. In the Brooks-Baxter war of 1874 he was active in his sup- port of Baxter, and in the fall of that year was elected state treasurer. This office he held for three successive terms, until he was elected governor. He served but one term as governor, at the close of which he retired to private life. He died at Little Rock on March 10, 1905. Twenty-Third General Assembly- Members of the twenty-third General Assembly were elected September 6, 1880. The number of Republicans elected was negligible. AND LEGISLATIVE HISTORY 113 The members of the senate were: First District (Greene, Craighead and Clay counties), J. C. Hawthorne; Second (Ran-/ dolph, Lawrence and Sharp), J. B. Judkins ; Third (Carroll, Boone and Newton), W. W. Watkins; Fourth (Johnson and Pope), John F. Hill; Fifth (Washington), J. S. Williams; Sixth, (Independence and Stone), James Rutherford; Seventh (Wood- ruff, St. Francis and Crittenden), R. J. Williams; Eighth (Yell and Logan), J. T. Harrison; Ninth (Saline, Garland and Hot Spring), J. S. Williams-; Tenth (Pulaski and Prairie), W. L. Terry, E. D. Boyd ; Eleventh (Jefferson), N. T. White; Twelfth (Lonoke and Perry), J. E. Gatewood ; Thirteenth (Arkansas and Monroe), Lecil Bobo; Fourteenth (Phillips and Lee), H. M. Grant: Fifteenth (Desha and Chicot), C. H .Carlton; Sixteenth (Lincoln, Dorsey and Dallas), John Niven; Seventeenth (Drew and Ashley), T. M. Whittington; Eighteenth (Bradley and Union), B. W. M. Warren; Nineteenth (Calhoun and Ouachita) J. R. Thornton; Twentieth (Hempstead and Nevada), C. E. Mitchell; Twenty-first (Columbia, Lafayette and Miller), W. H. C. Reid; Twenty-second (Little River, Sevier and Howard), Pole McPhetridge ; Twenty-fourth (Benton and Mad- ison), E. P. Watson; Twenty-fifth (Crawford and Franklin), H. F. Thomason; Twenty-sixth (Van Buren, Conway and Searcy), W. S. Hanna; Twenty-seventh (White and Faulkner), J. W. Duncan; Twenty-eighth (Sebastian and Scott), J. P. Hall; Twenty-ninth (Poinsett, Jackson and Mississippi), John B. Driver; Thirtieth (Clark, Pike and Montgomery), C. A. Gantt. Those elected to the house were. Arkansas county,- R. C. Chaney ; Ashley, A. W. Files ; Baxter, V. B. Tate ; Benton, E. S. McDaniel, J. Dunagin; Boone, R. B. Weaver; Bradley, W. H. Wheeler; Calhoun, J. G. Hill; Carroll, E. J. Black; Chicot. James F. Robinson ; Clark, J. F. Biggs, T. J. Clingan ; Clay, P. H, Crenshaw; Columbia, R. L. Emmerson, H. T. Hawkins; Con- way, E. B. Henry; Crawford, Robert R. Nettles; Craighead, Joseph A. Meek ; Crittenden, R. F. Crittenden ; Cross, T. E. Hare; Dallas, W. C. Barrett; Desha, L. A. Pindall ; Dorsey,, N. V. Barnett; Drew, L. E. Baker; Faulkner, G. W. Bruce; Franklin, I. L. Fielder; Fulton, J. M. Archer; Garland, W. F. Clyde ; Grant, W. N. Cleveland ; Greene, J. D. Markham ; Hemp- stead, L. D. Beene, J. B. Robbins ; Hot Spring, S. H. Emerson ; Howard, R. D. Owens ; Independence, F. D. Denton, J. M. San- 114 OUTLINE OF EXECUTIVE ders ; Izard, Thomas Black; Jackson, T. M. Parish; Jefferson, Carl Polk, W. C. Payne, A. Elberson ; Johnson, F. R. McKen- non; Lafayette and Miller, L. T. Waller; Lawrence, George Thornburg; Lee. J. M. Hewitt, G. Marchbanks ; Lincoln, J. Col- lins; Little River, G. D. Britt; Logan, J. J. Boles; Lonoke, A. D. Turned, G. M. Chapline ; Madison, Daniel Boone; Marion, F. M. Cash; Montgomery, A. C. King; Mississippi, H. M. Mc- Veigh; Monroe, J. K. Whitson ; Nevada, John A. Ansley; New- ton, J. B. Moss; Ouachita, O. A. Greening, B. F. Riddick ; Perry, James A. Brazil ; Phillips, G. Quarles, A. G. Jarman, J. P. Roberts; Pike, J. A. Davis ; . Poinsett, N. J. Willis; Polk, A. P. Alexander; Pope, H. Clabe Howell ; Prairie, J. G. Thweatt; Pulaski, W. E. Gray,, B. D. Williams, W r . I. Warwick, Casper Altenberg; Saline, J. W. Adams; Scott, F. C. Gaines ; Searcy, B. H. Taylor; Sebastian, E. F. Tiller, Jesse Martin; Sevier, R. D. Murphy ; Sharp, W. A. Turner ; Stone, B. D. Williamson ; St. Francis, John Parham ; Union, R. W. Wallace, A. C. Jones ; Washington, E. B.. Moore, T. W. Thomason, S. E. Marrs ; White, W. R. Goody, L. N. Brown; Woodruff, T. E. Stanley; Yell, M. L. Davis. They met in regular session January 10, 1881. H. C. Tipton was elected president of the senate ; J. G. Holland, secretary. George Thornburg was speaker of the house; Paul M. Cobbs, clerk. The session lasted until March 19, 1891. The amendment to repudiate the railroad aid, levee and Hoi- ford bonds, as submitted to the voters by the General Assembly of 1879, was declared defeated by a majority of 3,991 in the state election of 1880. Owing to its failure of adoption, the Gen- eral Assembly of 1881 passed an Act which provided "That from and after the passage of this Act, the auditor and treasurer of state are not required to report the Railroad Aid and Levee Bonds, and what are known as the Holford Bonds, as part of the indebtedness of the State of Arkansas in their biennial re- ports." Other improtant Acts of the session were: Appro- priating $150,000.00 for an insane asylum and levying a one- mill tax for two years to raise that amount ; appropriating $10,000.00 for a branch normal school (for negroes) at Pine Bluff : regulating the practice of medicine ; creating a state board of" health ; establishing a medical department of the University of Arkansas ; and regulating the freight and passenger rates on AND LEGISLATIVE HISTORY 115 railroads of fifty miles or less within the state. A joint reso- lution favoring a farmers' congress and suggesting that it be held in St. Louis, Missouri, in October, 1881, and authorizing the governor to appoint one delegate from each of the congres- sional districts, was adopted. Another resolution settled the question of the pronunciation of the name of the state, by pro- viding that it "should be pronounced in three syllables, with the final V silent, the 'a' in each syllable to be given the Italian sound, and with the accent on the first and last syllables. 116 OUTLINE OF EXECUTIVE JAMES HENDERSON BERRY GOVERNOR, JANUARY 13, 1883 JANUARY 17, 1885 James Henderson Berry, fourteenth governor of the State of Arkansas, was born in Jackson county, Alabama, May 15, 1841, son of James M. and Isabella (Orr) Berry. In 1848 he came with his parents to Arkansas. They settled in Carroll county, upon or near the site of what is now the town of Berry- ville. He was educated in the common schools and at Berry- ville Academy. Upon leaving school he was clerk in a store for a year or more. At the beginning of the war of 1861 he enlisted in Company E, Sixteenth Arkansas Infantry, and was later com- missioned second lieutenant. At the battle of Corinth, Missis- sippi, on October 4, 1862, he lost a leg and was honorably dis- charged. He then returned to Arkansas, where, for a time, he taught school. While teaching at Ozark he began in his spare time the study of law. In October, 1866, he was admitted to practice by Thomas Boles, Judge of the Fourth Circuit. He was elected to the house of representatives from Carroll county in 1866. In December, 1869, he removed to Bentonville, where he formed a law partnership with his brother-in-law, Samuel W. Peel. In 1872 he was again elected to the house of representatives from the district composed of Benton and Washington counties. At the special session of 1874 he was chosen speaker of the house. He was elected Judge of the Fourth Circuit in 1878 and served on the bench until elected governor in 1882. When Augustus H. Garland was appointed attorney-general of the United States in March, 1885, Berry was elected United States Senator for the unexpired term. He was re-elected senator in 1889, in 1895 and again in 1901, but was defeated by Jeff Davis in 1907. In October, 1865, he was married to Miss Lizzie Quaile, daughter of Frederick Quaile, of Ozark. Her father was opposed to the marriage, because his prospective son-in-law had no means of support, and for several years would not speak to him, but friendly relations were finally restored. He died at his home in Bentonville January 30, 1913, leaving a widow, two sons and two daughters. AND LEGISLATIVE HISTORY 117 Twenty-Fourth General Assembly- Members of the twenty-fourth General Assembly were elected September 4, 1882. Except for two Greenbackers and one Republican, the senators were all Democrats. There were thirten Republicans and two Greenbackers elected to the house. The rest were Democrats. -The members of the senate were: First District (Greene, Craighead and Clay counties), J. C. Hawthorne; Second (Ran- dolph, Lawrence and Sharp), J. B. Judkins; Third (Carroll Boone and Newton), R. B. Weaver; Fourth (Johnson and Pope), B. T. Fmbry; Fifth (Washington), Thomas Wain- wright; Sixth (Independence and Stone), B. F. Williamson; Seventh (Woodruff, St. Francis, Cross and Crittenden), R. F. Crittenden ; Eighth (Yell and Logan), J. T. Harrison; Ninth (Saline, Garland, Hot Spring and Grant), J. S. Williams; Tenth (Pulaski and Perry), L. L. Thompson, G. T. Holmes: Eleventh (Jefferson), N. T. White; Twelfth (Lonoke and Prai- rie), W. F. Hicks; Thirteenth (Arkansas and Monroe), Lecil Bobo; Fourteenth (Phillips and Lee), H. M. Grant; Fifteenth (Desha and Chicot), Henry Thane; Sixteenth (Lincoln, Dor- sey and Dallas), John Nivens ; Seventeenth (Drew and Ashley), J. W. Van Gilder; Eighteenth (Bradley and Union), B. W. M. Warren; Nineteenth (Calhoun arid Ouachita), J. R. Thornton; Twentieth (Hempstead and Nevada), C. M. Norwood; Twenty- first (Columbia, Lafayette and Miller), L. T. Walker; Twenty- second (Little River, Sevier, Howard and Polk), Pole McPhet- ridge; Twenty-third (Fulton, Izard, Marion and Baxter), H. C. Tipton; Twenty-fourth (Benton and Madison), J. T. Walker; Twenty-fifth (Crawford and Franklin), H. F. Thomason ; Twenty-sixth (Van Buren, Conway and Searcy), Z. B. Jen- nings; Twenty-seventh (White and Faulkner), T. W.'" Wells; Twenty-eighth (Sebastian and Scott), J. P. Hall; Twenty-ninth (Poinsett, Jackson and Mississippi), John B. Driver; Thirtieth (Clark, Pike and Montgomery), Jesse A. Ross. Those elected to the house were : Arkansas county, A. D. Matthews; Ashley, W. G. Rolfe; Baxter, V. B. Tate; Benton, H. H. Patterson, Jr., S. S. Graham; Boone, F. M. Rowman; Bradley, D. J. McKinney; Calhoun, Green B. Talbot; Carroll, B.' W/Goudelock; Chicot, J. G. B. Sims fday, E. B. Headlee; 118 OUTLINE OF EXECUTIVE Clark, T. J. Clingan, Gooden Deaton; Columbia, R. L. Emer- son, H. P. Smead; Con way, W. S. Hanna; Crawford, T. Corn- stock; Craighead, Joseph A. Meek; Crittenden, Daniel Lewis; Cross, W. C. Malone ; Dallas, W. R. Harley; Desha, W. B.. Peter- son ; Dorsey, R. F. Foster; Drew, D. E. Barker; Faulkner, J. H. Harrod ; Franklin, Idus L. Fielder ; Fulton, E. B. Lucas ; Gar-- land, W. P. Walsh ; Grant, James H. Crutchfield ; Greene, J. B. Boykin; Hempstead, W. L. Leslie, J. A. Todd; Hot Spring, S. H. Emerson; Howard, W. J. Lee"; Independence, George Martin, F. D. Denton ; Izard, W. E. Davidson ; Jackson, W. M. Baird ; Jefferson, B. Waterhouse, W. H. Young, R. Sherrill ; Johnson, J. W. May; Lafayette, M. M. Murray; Lawrence, W. M. Pon- der; Lee, John M. Hewitt, H. P. Rogers; Lincoln, G. H. Joslyn; Little River, James S. Dollarhide; Logan, B. Priddy; Lonoke, O. N. Owens, W. M. Hereford; Madison, W. T. Brooks; Marion, F. M. Cash ; Miller, J. C. Tyson ; Mississippi, F. G. McGavock ; Monroe, John B. Baxter ; Montgomery, John A. Watkins; Nevada, J. A. Ansley; Newton, M. T. Briscoe: Ouachita, R. S. Salle, J. N. Scales ; Perry, J. F. Sellers ; Phillips, S. H. Brooks, R. B. Macon, John J. Moore ; Pike, J. A. Davis : Poinsett, N. I. Willis ; Polk, J. E. Johnson ; Pope, N. W. Kuhn ; Prairie, R. B. CarlLee ; Pulaski, J. T. Jones, Charles Choinski, Grancille Ryles, F. W. Wliite ; Randolph, R. C. Mack; Saline, J. W. Adams ; Scott, G. E. James ; Searcy, B. F. Taylor ; Sebas- tian, R. H. McConnell, S. E. Smith; Sevier, William T. Camp- bell ; Sharp, W. M. Davidson ; St. Francis, W. S. Brooks ; Stone, W. J. Cagle ; Union, W. C. Langford, C. T. Gordon ; Van Buren, J. M. Blasingame ; Washington, E. B. Moore, S. E. Marrs, W. C. Braley; White, A. J. McGinnis, J. F. Rives, Jr.; Woodruff, Alex- ander Hall ; Yell, D. F. Huckaby. They met in regular session January 8, 1883. J. B. Judkins was elected president of the senate; John G. Holland, secretary. W. C. Braley was speaker of the house ; Thomas W. Newton, Clerk. The session lasted until March 28, 1883. That this General Assembly would resubmit the constitutional amendment to repudiate the Hoi ford and other bonds no one doubted. Upon that subject Governor Berry said in his message: "The fact that there are outstanding bonds representing thirteen millions of dollars, which are claimed by the holders to be valid obligations of the state, and which are believed by a AND' LEGISLATIVE HISTORY 119 large portion of our people to' be fraudulent and void, has proven a constant source of annoyance and embarrassment. It has kept immigrants from our borders, has engendered bad feeling be- tween our citizens, and has prevented the state from making provision for the payment of interest on other securities admitted to be just. The best interests of the people demand that the question of the state's liability for these bonds be Definitely set- tled. If they constitute a just claim we ought to provide for their ultimate payment. If they are not a legitimate charge against the state, and we do not intend to pay them, common fairness requires us to say so, and say it in such manner thai we cannot be misunderstood. * * * * In a matter of this magnitude it seems to me eminently proper that the question should be withdrawn from the General Assembly and placed directly before the people, by submitting to them, for ratifica- tion or rejection, an amendment to the constitution, forever pro- hibiting the levying of any tax for the payment of any portion of the railroad aid, the levee or Holford bonds or pretended claim upon which they are based." Berry also recommended the enactment of a revenue law "that will compel assessors to assess all of the property of the state at its true value; that will impose upon railroad property its just proportion of taxes, for the benefit of all ; that will pre- vent tax-dodging; that will require prompt collection and set- tlement by collectors, and that will make it impossible for state officers to grant privileges and indulgences to collectors not authorized by law." On January 30, 1883, Governor Berry approved a joint reso- lution resubmitting to the people the amendment known as the "Fishback Amendment" to repudiate the railroad aid, levee and Holford bonds; the state was divided into five congressional districts; provision was made for revising and digesting the statutes; the sum of $750.00 was appropriated to defray the expenses of Charles Wallace as the representative of Arkansas at the Louisville Exposition in the fall of 1883 ; and an appro- priation of $3,000.00 was made to provide for an exhibit of the state's products at the Cotton Centennial Exposition, to be held in New Orleans in 1884. 120 OUTLINE OF EXECUTIVE SIMON P. HUGHES GOVERNOR, JANUARY 17, 1885 JANUARY 17, 1889 Simon P. Hughes, fifteenth governor of the State of Arkan- sas, was born in Smith county, Tennessee, April 14, 1830. His parents came to Arkansas in 1844, settling in Pulaski county. Two years later Simon went back to Tennessee to attend school and spent three years in the Sylvan Academy and Clincon Col- lege. In 1849 he returned to Arkansas and engaged in farming. He was elected sheriff of Monroe county in 1854 and while in that office commenced the study of law. In 1857 he was ad- mitted to the bar and began practice at Clarendon, having for his partner \V. W. Smith, who was afterward elected associate justice of the Supreme Court. When, in 1861, the war came, he enlisted in the Twenty- third Arkansas Regiment, commanded by Colonel Charles W. Adams. He was commissioned captain of his company and rose to be lieutenant-colonel of the regiment. Upon the reor- ganization of the Twenty-third, he entered the cavalry service as a private and served in Morgan's Texas Battalion until the close of the war. After the war he returned to his home in Clarendon. He was elected to the house of representatives from- Monroe .county in 1866; was the delegate from that county to the con- stitutional convention of 1874, and was elected the first attorney- general under the new constitution. He then removed to Little Rock. At the close of his term as attorney-general in 1877, he resumed the practice of law, which he continued until he was elected governor: He was re-elected in 1886, and, when the number of supreme judges was increased to five, in 1889, was chosen' as one of the additional justices. He served on the bench until :1896, when he again resumed the practice of his profession. On June 2, 1857, he was married to Miss Anna E. Blake- more and to this union were born six children William B., Rob- ert, George, John, Sallie and Lillian. He died on June 29, 1906. .''."* ' ' .. Twenty-Fifth General Assembly- Members of the twenty-fifth General Assembly were elected September 1, 1884. In the senate there was one Republican, one AND LEGISLATIVE HISTORY 121 Greenbacker and thirty Democrats. Of those elected to the house, one was a Greenbacker, nine were Republicans and the rest Democrats. Six of the Republicans elected to the house were negroes. The members of the senate were: First District (Greene, Craighead and Clay counties), J. S. Anderson; Second (Ran- dolph, Lawrence and Sharp), S. J. Johnson; Third (Carroll, Boone and Newton), R. B. Weaber; Fourth (Johnson and Pope), B. T. Embry; Fifth (Washington), T. W. Thomason ; Sixth (Independence and Stone), B. F. Williamson; Seventh (Wood- ruff, St. Francis, Cross and Crittenden), R: F. Crittenden ; Eighth (Yell and Logan), Theodore F. Potts; Ninth (Saline, Garland, Hot Spring and Grant), Jabez M. Smith; Tenth (Pulaski and Perry), L. L. Thompson, G. T. Holmes; Eleventh (Jefferson), J. M. Hudson; Twelfth (Lonoke and Prairie), W: F. Hicks; Thirteenth (Arkansas and Monroe), Robert H. Crockett; Fourteenth (Phillips and Lee), George B. Peters; Fifteenth (Desha and Chicot), Henry Thane; Sixteenth (Lin- coln, Dorsey and Dallas), J. G. Simmons; Seventeenth (Drew and Ashley), J. W. 'Van Gilder; Eighteenth (Bradley and Union), Sol Gardner; Nineteenth (Calhoun and Ouachita), John R. Thornton; Twentieth (Hempstead and Nevada), C. M. Norwood; Twenty-first (Columbia, Lafayette and Miller), L. T. Walker; Twenty-second (Little River, Sevier, Howard and Polk), J. H. Williams; Twenty-third (Fulton, Izard, Marion, and Baxter), V. B. Tate; Twenty-fourth (Benton and Madi- son), J. T. Walker ; Twenty-fifth (Crawford and Franklin), J. M. Pettigrew; Twenty-sixth (Van Buren, Conway and. Searcy), Z< B. Jennings; Twenty-seventh (White and Faulk- ner), T. W. W T ells; Twenty-eighth (Sebastian and Scott), R. H. McConnell ; Twenty-ninth (Poinsett, Jackson and Mississippi), J. W. Stayron; Thirtieth (Clark and Pike), Jesse A. Ross; Thirty-first (Garland and Montgomery), G. W. Baxter. Those elected to the house were: Arkansas county, W. H. Halliburton; Ashley, Hogan Allen ; Baxter, A. G. Byler; Ben- -ton, James A. Rice, Z . Baker; Boone, B. B. Huggins ; Bradley, A. C. Jones; Calhoun, R. G. Harper; Carroll, J. P. Fancher ; Chicot, G. H. Jones; Clark, H, W. McMillan, J. F. Biggs; Clay, Jol^n H.JPavne ; Cleburne, ; Henrv Hardy^Cplumbia, H.:T. Haw- kins, J. C. Colquitt; Conway, Hiram Dacas ; Craighead, T. D. 122 OUTLINE OF EXECUTIVE Culverhouse ; Crawford, I. H. Huckleberry ; Crittenden, Asa Hodges ; Cross, N. W. Norton ; Dallas, W. L. Patterson ; Desha, I. G. Bailey; Dorsey, J. M. Taylor ; Drew, D. E. Barker; Faulk- ner, J. H. Harrod; Franklin, W. R. McLane ; Fulton, S. A. Brown; Garland, W. H. Barry; Grant, J. H. H. Smith; Greene, j. B. Boykin ; Hempstead, A. H. Carrigan, C. A. Bridewell: Hot Spring, R. M. Thrasher; Howard, J. A. Corbell; Indepen- dence, Jesse A. Moore, J. C. Yancey ; Izard, J. B. Baker; Jack- son, J. W. Jones; Jefferson, W. B. Jaco, Ed Glover, S. H. Scott: Johnson, Isaac McCracken ; Lafayette, J. B. Brooks ; Lawrence, George Thornburg; Lee, J. M. Hewitt, J. M. Hardin ; Lincoln, Thomas R. Kirsh ; Little River, J. T. Henderson; Logan, M. C. Scott ; Lonoke, J. P. Eagle, A. D. Tanner ; Madison, Joel N. Bunch; Marion, T. H. Flippin ; Miller, John A. Roberts; Missis- sippi, J. H. Brawford ; Monroe, John B. Baxter; Montgomery, William P. Birch ; Nevada, E. E. White ; Newton, E. B. Jones : Ouachita, W. F. Avera, J. T. Bibb; Perry, J. F. Sellers; Phil- lips, J. P. Roberts, W. R. Burke, S. H. King; Pike, J. P. Cope- land; Poinsett, Benjamin Harris; Polk, J. G. Hudgins ; Pope, C. E. Toby; Prairie, R. B. Carl Lee; Pulaski, Dan O'Connell, T. E. Jones, J. W. Vaughan, T. E. Gibbon ; Randolph, Perry Nettles; Saline, J. A. P. Bingham ; Scott, A. G. Washburn ; Searcy, J. W. S. Leslie; Sebastian, W. M. Fishback, J. S. Lit- tle; Sevier, A. C. Wheeler; Sharp, R. B. Bellamy; St. Francis, John Parham ; Stone, W. J. Cagle ; Union, W. C. Langford, A. W. Bird ; Van Buren, Jesse Millsaps ; Washington, B. F. W 7 al- ker, H. P. Greene, R. A. Medearis ; White, G. W. Lewis, Joseph Piercy ; Woodruff, Ed S. Carl Lee ; Yell, W. A. Clement. They met in regular session January 12, 1885. R. B. Weaver was elected president of the senate; John G. Holland, secretary. James P. Eagle was speaker of the house ; Thomas W. Newton, clerk. The session lasted until March 28, 1885. In a total of 157,391 votes cast in 1884, the Fishback amend- ment for the repudiation of the Railroad Aid, Levee and Hoi- ford bonds was adopted by a majority of 41,110 (see High Lights). Thus the twenty-fifth General Assembly repealed the Act of April 6, 1869, which had provided for the funding of the aforesaid bonds. In this manner nearly $14,000,000 of the total bonded debt of more than $17,000,000, the greater part of which had been "saddled" on the state by the carpetbag govern-- AND LEGISLATIVE HISTORY 123 ment of the Clayton regime, was "wiped off the slate." To pro- vide for the payment of the balance of the bonded indebtedness, the General Assembly of 1885 passed an Act creating a state debt board, composed of the governor, auditor, treasurer and attorney-general, who were authorized and directed "to call in and register the outstanding bonds of the state, determine which were legal and genuine, and report to the next General Asembly.'' Among the other Acts of this session were those changing the name of Dorsey county to Cleveland; providing for the bet- ter protection of fish and game ; forfeiting and declaring null and void all railroad charters granted to railroad companies prior to January 1, 1883, unless the roads were actually built or in process of construction ; and making an additional appropria- tion of $5,000.00 to defray the expenses of the Arkansas exhibit at the Cotton Centennial Exposition at New Orleans. Two United States Senators were to be elected by this Gen- eral Assembly one for the unexpired term of A. H. Garland, who had been appointed attorney-general of the United States, and one to succeed J. D. Walker for the term beginning on March 4, 1885. Ex-Governor James H. Berry was elected to succeed Garland and James K. Jones was elected as the suc- cessor of Walker. Twenty-Sixth General Assembly- Members of the twenty-sixth General Assembly were elected September 6, 1886. In this Assembly the Republicans held only the usual negligible number of seats. The members of the senate were : First District, J. S. Ander- son ; Second, S. J. Johnson; Third, H. A. Crandall; Fourth, G. T. Cazort: Fifth, T. W. Thomason; Sixth, George Martin; Seventh, Riddick Pope; Eighth, T. F. Potts; Ninth, Jabez M. Smith ; Tenth, J. T. Jones, J. E. Williams ; Eleventh, J. M. Hud- son ; Twelfth, W. P. Fletcher; Thirteenth, R. H. Crockett; Fourteenth, George B. Peters; Fifteenth, W. H. Logan; Six- teenth, J. G. Simmons; Seventeenth, D. E. Barker; Eighteenth. S. Gardner ; Nineteenth, J. M. Meek ; Twentieth, F. M. Thomp- son; Twenty-first, L. A. Byrne; Twenty-second, J. H. Williams; Twenty-third, V. B. Tate; Twenty- fourth, D. H. Hammons; Twenty-fifth, J. M. Pettigrew; Twenty-sixth, W. S. Hanna ; 124 OUTLINE OF EXECUTIVE Twenty-seventh, John Dunaway ; Twenty-eighth, R. H. McCon- nell; Twenty-ninth, Jno W. Stayton ; Thirtieth, J. P. Copeland; Thirty-first, George W. Baxter. Those elected to the house were: Arkansas county, W. H. Halliburton; Ashley, Hogan Allen; Baxter, A .G. Byler; Ben- ton, Z. Baker, W. J. Blackburn; Boone, B. B. Hudgins ; Brad- ley, C. L. Hayle ; Calhoun, S. L. Owens ; Carroll, W. R. Phillips ; Chicot, H. C. Newsome; Clark, R. P. Phillips, I. W. Smith; Clay, J. H. Hill; Cleburne, Thomas R. Brice; Cleveland, R. F. Foster ; Columbia, J. C. Colquitt, J. C. Jackson ; Conway, G. E. Trower; Craighead, J. M. Raines; Crawford, Hugh F. Thomason ; Crittenden, S. S. Odom ; Cross, J. D. Block; Dal- las, W. L. Patterson; Desha, G. H. Joslyn; Drew, N. Y. Wads- worth; Faulkner, J. F. Campbell; Franklin, R. F. Hooper; Ful- ton, W. M. Green; Garland, E. W. Rector; Grant, J. \V. Librand ; Greene, D. L, Fitzgerald; Hempstead, J. T. Holt, Lee Clow; Hot Spring, J. M. Fowler; Howard, J. A. Corbell ; Inde- pendence, John C. Stroud, R. H. Griffith ; Izard, George Fer- guson ; Jackson, H. L. Remmel ; Jefferson, Ed Jefferson, H. B. Burton, W. B. Jaco; Johnson, T. P. King; Lawrence, B. A. Mor- ris; Lee, T. M. Hewitt, C. A. Otey; Lincoln, Thomas T. Kirsh ; Little River, H. C. Head; Logan, E. C. Burchette; Lonoke, A. J. Patton, W. F. Hicks; Madison, H. M. Moore; Marion, W, W. Seward ; Miller, C. C. Deprato ; Mississippi, H. F. Blythe ; Monroe, W. J. Blackwell ; Montgomery, N. H. Harley; Nevada. J. A. Ansley ; Newton, M. T. Briscoe ; Ouachita, S. Q. Sevier, J. C. Marshall; Perry, J. J. Cook; Phillips, R. B. Macon, James P. Clarke, J. N. Donohoo ; Pike, J. P. Dunn; Poinsett, G. M. Hughey ; Polk, B. F. Thompson ; Pope, W. L. Sibley ; Prairie, J. D. Booe; Pulaski, L. C. Balch, G. W. Cranberry, W. A. Compton, P. Conrad ; Randolph, C. J. Johnston ; Saline, P. M. Trammel; Scott, A. G. Washburn ; Searcy, Thomas L. Thomp- son ; Sebastian, J. B. McDonough, James A. Williams ; Sevier, E. Y. Maxey; Sharp, Sam Wainwright; St. Francis, L. P. Featherstone ; Stone, W. H. H. Oyler; Union, F. M. Betts ; P.T. Matthews; Van Buren, W. M. Peel ; Washington, R. J. Wilson. W. M. Davis, H. M. McGuire; White, H< C.^Knowlton, William Rowe; Woodruff, Ed S. Carl Lee; Yell, W. A. Clements. . ' - " > / They met in regular session January 10, 1887. D. E. Bar- ker was elected president of the senate; John Holland secre- AND LEGISLATIVE HISTORY 125 tary. J. M. Hewitt was speaker of the house ; J. W. Galloway, clerk. The session lasted until March 31, 1887. At the opening of the session Governor Hughes, in a message reviewing the achievements of his administration during the past two years, said : "For the year ending on June 30, 1886, the sum of $1,837710 was realized from all sources for the support of free schools. The taxable values of the state have reached $140,000,000. More than two years ago the state ceased to borrow money. Since then the state has erected, furnished and equipped buildings of modern style and architecture, that are convenient and sub- stantial, for her Deaf Mute Institute ; her School for the Blind ; an addition to her lunatic asylum ; two new buildings within the walls of the penitentiary, and has repaired and greatly im- proved the capitol building, and has paid for it all, and yet has a considerable sum of money in her treasury unappropriated/' Among the Acts passed at this session were the following: , To prohibit the granting of free passes by any railroad or trans- portation company to any officers or employees of the state ; to abolish public executions ; to provide for a geological sur- vey of the state; to accept the sum of $250,000.00 from the St. Louis, Iron Mountain & Southern Railroad Company in set- tlement of all claims for back taxes due; to prohibit the sale of intoxicating liquors within three miles of any educational institution, upon the petition of a majority of the inhabitants; to define the weight of grains, seeds and vegetables ; to reor- ganize the Arkansas Industrial University ; to create the four- teenth judicial circuit ; to regulate the fees and salaries of cer- tain state and county officers ; to provide for the payment of the public debt of the state, and to submit to the people at the next general election the question of holding a constitutional convention. 126 OUTLINE OF EXECUTIVE JAMES PHILIP EAGLE GOVEROR, JANUARY 17, 1889 JANUARY 10, 1893 James Philip Eagle, sixteenth governor of the State of Arkansas, was born in Maury county, Tennessee, August 10, 1837. His parents, James and Charity (Swaim) Eagle, were natives of North Carolina. In the fall of 1839 they came to Arkansas, settling in Pulaski county, about twenty miles east of Little Rock. In 1857 they removed to a farm in what is now Lonoke county, but then, a part of Prairie county. J. M. King, sheriff of that county, appointed Eagle his deputy in 1859, in which position he served until the outbreak of the war in 1861. The sheriff then raised a company, in which his deputy enlisted as a private. He was promoted to lieutenant, then captain, next major, and when General D. H. Reynolds' brigade was con- solidated into a single regiment the First Arkansas Mounted Volunteers Eagle was elected lieutenant-colonel. During his military service he was in numerous engagements, was severely wounded at the battle of Peach Tree Creek near Atlanta, July 17, 1864, from the effects of which he was in the hospital for two months. Upon his recovery he rejoined his command and was present at the surrender of General Joseph E. Johnston's army near Durham, North Carolina, in April, 1865. At the close of the war he returned to Arkansas to find that his father had died and the other members of the family refugeed to Texas. Like many another Confederate soldier, he went to work to restore his shattered fortunes, and by energy and per- severance accumulated several thousand acres of land. In his youth, opportunities to acquire an education were limited. After the war, although more than thirty years of age, he determined to obtain a better education. He attended school at Lonoke for a time and in 1870-71 he was a student in the Mississippi Col- lege, a Baptist institution at Clinton, Mississippi. He had joined the Baptist Church in 1867, and while attending college was licensed to preach. In 1872 he was elected to the house of representatives from Prairie county. This marked the beginning of his political career. He was a member of the special session of the General Assembly of 1874; was also the delegate from Lonoke county to the constitutional convention of that year. While serving in AXD LEGISLATIVE HISTORY 127 the special session of 1874 he was appointed one of a committee to adjust the claims growing out of the Brooks-Baxter .war. In 1876 and again in 1884 he was elected to the General Assembly. During the latter session he was speaker of the house. He was nominated by the Democratic state convention of 1888 for gov- ernor and was elected in September of that year. He was re- elected in 1890. Upon retiring from the office of governor in January, 1893, he devoted his attention to his landed interests and to preaching for Baptist congregations too poor to employ a regular pastor. He presided over the Baptist state conven- tion for ten years in succession. On January 3, 1882, Governor Eagle married Miss Mary Kavanaugh Oldham, of Richmond, Kentucky, a daughter of William K. Oldham. He died December 20, 1904. Twenty-Seventh General Assembly- Members of the twenty-seventh General Assembly were elected September 6, 1888. The senate was composed of twenty- five Democrats and seven Republicans ; the house of seven Repub- licans, five representatives of Union Labor and eighty- three Democrats. The members of the senate were : First District, B. H. Crow- ley; Second, S. H. Davidson; Third, H. A. Crandall; Fourth, G. T. Cazort; Fifth, J. N. Tillman; Sixth, George Martin; Seventh, Riddick Pope; Eighth, W. A. Clement; Ninth, T. B. Morton; Tenth, J. T. Jones, J. E. Williams; Eleventh, J. W. Crawford; Twelfth, W. P. Fletcher; Thirteenth, C. W. Brickell ; Fourteenth, J. P. Clarke; Fifteenth, W. H. Logan; Sixteenth, W. L. Patterson; Seventeenth, D. E. Barker; Eighteenth., B. W. M. Warren; Nineteenth, J. M. Meek; Twentieth, F. M. Thompson; Twenty-first, L. A. Byrne; Twenty-second, W. P. McElroy ; Twenty-third, W. E. Davidson ; Twenty-fourth, D. H. Hammons; Twenty-fifth, S. A. Miller; Twenty-sixth, W. S. Hanna; Twenty-seventh, John Dunaway; Twenty-eighth, A. G. Washburn; Twenty-ninth, Benjamin Harris; Thirtieth, J. P. Copeland; Thirty-first, J. J, Sumpter. Those elected to the house were: Arkansas county, W. H. Halliburton ; Ashley, Hogan Allen ; Baxter, H. H. Hilton ; Ben-- ton, Dan M. Setser, P. A. Rodgers; Boone, B. B. Hudgins; 128 OUTLINE OF EXECUTIVE Bradley, W. R. Quinney ; Calhoun, G. W. Dickinson ; Carroll, W. R. Phillips; Chicot, G. H. Jones; Clark, H. W. McMillan, I. F. Welch; Clay, H. W. Dollison ; Cleburne, J. M. Brundidge ; Cleveland.. W. J. Stanfield ; Columbia, H. T. Hawkins, D. L. Kilgore; Conway, Z. A. P. Venable; Craighead, J. A. Meek; Crawford, Lee Neal ; Crittenden, Asa Hodges ; Cross. J. F. Pat- terson ; Dallas, J. O. IJrowning; Desha, G. H. Joslyn ; Drew. N. Y. Wadsworth; Faulkner, J. E. Martin; Franklin, M. Stroup ; Fulton, J. L. Short; Garland, E. W. Rector; Grant. E. H. Kemp ; Greene, A. P. Cox ; Hempstead, Lee Clow, A. B. Jones ; Hot Spring, William Lambert ; Howard, James D. Sha- ver ; Independence, W. P. Huddleston, J. C. Stroud ; Izard, D. D. Shaver; Jackson, Joseph M. Stayton ; Jefferson, S. S. Woolfork, Ed Jefferson, S. W. Dawson ; Johnson, J. W. Coff- man ; Lafayette, W. H. King; Lawrence, Charles Coffin; Lee, N. H. Hutton, W. L. Howard ; Lincoln, H. H. Williams ; Little River, H. C. Head ; Logan, H. Stroup ; Lonoke, H. T. Bradford, W. F. Hicks; Madison, W. T. Brooks; Marion, J. C. Floyd; Miller, R. L. Trigg; Mississippi, J. O. Blackwood ; Monroe. G. W. Lowe; Montgomery, G. \Y. Witt; Nevada, O. S. Jones; Newton, M. T. Briscoe ; Ouachita, J. W. Juniel, T. J. Babb : Perry, J. F. Sellers; Phillips, S. L. Cook, J. H. Carr, J. N. Donohoo; Pike, J. P. Dunn; Poinsett, L. J. Collins; Polk, J. M. Green; Pope, W. L. Shibley ; Prairie, W. R. Gibbon; Pulaski, C. T. Coffman, William Nickel, J. R. Walters, G. W. Grand- berry; Randolph, Perry Nettle; Saline, V. D. Lafferty; Scott, W. A. Houck; Searcy, T. L. Thompson; Sebastian, J. A. Williams, J. Frank Weaver; Sevier, E. V. Maxey; Sharp, R. B. Bellamy; St. Francis, William Manning; Stone, J. W. Hum- phrey: Union, C. T. Gordon, W. D. Jameson; Van Buren, R. S. Hill; Washington, J. Crawford, T. Wainwright, T. B. Greer ; White, Sam J. Crabtree, J. M. Allen; Woodruff, J. B. Dent; Yell, W. A. Nolen. They met in regular session January 14, 1889. W. S. Hanna was elected president of the senate ; John G. Holland, secretary. B. B. Hudgins was speaker of the house ; J. G. B. Sims, clerk. The session lasted until March 31, 1889. The most important Acts of the session were: To increase the number of supreme judges to five, and authorizing the gov- ernor to call a special election for the additional judges; to estab- AND LEGISLATIVE HISTORY 129 lish a bureau of mines, manufactures and agriculture; to add $5,000.00 to the governor's contingent fund for the apprehension of notorious criminals; to cede jurisdiction to the United States over the Federal building and site in the city of Fort Smith, and over sites for public buildings at Helena and Texarkana; accepting the provisions of the Act of Congress for the estab- lishment of agricultural experiment stations; regulating the sale of commercial fertilizers ; extending certain railroad charters two years, on condition that construction work was commenced within six months after the approval of the Act; to allow railroad com- panies to build branch lines ; and providing for the protection of passengers on railroads, and railroad employees. Twenty-Eighth General Assembly- Members of the twenty-eighth General Assembly were elected September 1, 1890. The senate was composed of twenty-nine Democrats, one Republican and two representatives of Union Labor. In the house there were twelve Republicans, four repre- sentatives of Union Labor, and eighty-six Democrats. The members of the senate were : First District, C. H. Crow- ley ; Second, S. H. Davidson ; Third, A. F. Casey ; Fourth, J. M. Harkey; Fifth, J. N. Tillman; Sixth, W. H. H. Oyler; Seventh, F. P. Hill; Eighth, W. A. Clement; Ninth, T. B. Morton-; Tenth, J. E. Williams, G. T. Holmes; Eleventh, J. W. Crawford; Twelfth, M. M. Erwin ; Thirteenth, C. W. Brickell ; Fourteenth, J. P. Clarke ; Fifteenth, George W. Bell ; Sixteenth, W. L. Pat- terson; Seventeenth, Hogan Allen; Eighteenth, B. W. M. War- ren ; Nineteenth, William R. Hardy ; Twentieth, C. C. Hamby ; Twenty-first, H. T. Hawkins; Twenty-second, W. P. McElroy; Twenty-third, W. E. Davidson ; Twenty, fourth, M. D. Lucas ; Twenty-fifth, S. A. Miller; Twenty-sixth, A. J. Redwine; Twenty-seventh, J. H. P. Russ ; Twenty-eighth, A. G. Wash- burn; Twenty-ninth, Benjamin Harris; Thirtieth, E. B. Kins- worthy ; Thirty-first, John J. Sumpter. Those elected to the house were: Arkansas county, John F. Park; Ashley, Benjamin F. Moore; Baxter, Jerry C. South; Ben- ton, J. B. Lambkin, W. E. Gould ; Boone, E. G. Mitchell ; Brad- ley, W. R. Quinney ; Calhoun, J. C. Jones ; Carroll, W. A. Evans ; Chicot, Henry A. Johnson ; Clark, Eli W. McBrayer, H. T. Bon- 130 OUTLINE OF EXECUTIVE ner; Clay, F. G. Taylor; Cleburne, J. M. Brundidg'e ; Cleveland, Thomas B. Little; Columbia, J. E. Askew, James F. Poe ; Con- way, Z. A. F. Venable ; Craighead, Eugene Hinson ; Crawford, Lee Neal ; Crittenden, G. W. Watson ; Cross, Starkey S. Hare ; Dallas, Thomas Peterson, Jr. ; Desha, R. C. Weddington ; Drew, Adam C. Rhodes ; Faulkner, John Dunaway; Franklin, Thomas D. Berry ; Fulton, Jasper L. Short, Jr. ; Garland, E. W. Rector ; Grant, Reuben R. Adams; Greene, Coleman H. Fore; Hemp- stead, J. T. Holt, J. R. Wimberly; Hot Spring, William Lam- bert ; Howard, William D. Lee ; Independence, E. M. Dickinson, E. D. Farrish ; Izard, T. B. Baker; Jackson, J. A. Schnables; Jefferson, John J. Lucas, Sam L. Woolfork, S. W. Dawson; Johnson, J. W. Coffman ; Lafayette, A. H. Sevier ; Lawrence, Clay Sloan; Lee, W. L. Howard, L. W. Otey; Lincoln, H. N. Williams; Little River, Hindman C. Head; Logan, William B. Jackson ; Lonoke, James M. King, O. A. Owens ; Madison, J. T. Walker; Marion, T. H. Flippin ; Miller, John J. Vogel ; Missis- sippi, G. W. McMillin ; Monroe, George W. Lowe ; Montgomery, Gibson Witt; Nevada, Eugene E. White; Newton, William A. Carlton ; Ouachita, C. D. Frederick, Thomas Hardison ; Perry, J. F. Sellers ; Phillips, John H. Carr, George W. Yancey, J. N. Donohoo; Pike, M. P. Perrin ; Poinsett, John J. Mardis'; Polk, T. M. Carder; Pope, Lawrence Russell; Prairie, John R. John- son ; Pulaski, Dan W. Jones, Peter Conrad, B. F. Adair, Thomas W. Newton; Randolph, John C. Wisner; Saline, T. N. Mehaffy: Scott, John W. McNutt; Searcy, J. F. Henlry; Sebastian, J. Frank Weaver, P. D. Brewer ; Sevier, Joseph Holman ; Sharp, R. B. Bellamy; St. Francis, William Manning; Stone, Jacob King; Union, Alex C. Jones, A. S. Morgan; Van Buren, H. C. Emerson; Washington, B. F. Williams, J. Crawford, T. B. Greer ; White, Sam J. Crabtree, John D. DeBois ; Woodruff, J. B. Dent; Yell, J. L. Williams. They met in regular session January 12, 1891. James P. Clarke was elected president of the senate ; John G. Holland, secretary. E. W. Rector was speaker of the house; J. G. B. Sims, clerk. The session lasted until April 3, 1891. On January 21, 1891, James K. Jones was re-elected United States Senator for the term beginning March 4, 1891. Jones received eighty votes, Jacob Trieber twelve, and D. E. Barker two. The following were the most important of the Acts passed AND LEGISLATIVE HISTORY 131 during the session: An Act to give county courts the power to order the drainage and reclamation of swamp and overflowed lands ; an Act to encourage the lumber industry by providing for the incorporation of booming and rafting companies, with authority to construct booms across streams for catching logs, lumber, shingles and other timber products; to accept the pro- visions of the Act of Congress, approved August 30, 1890, mak- ing an annual appropriation for the benefit of agricultural and mechanical colleges, and giving eight-elevenths of the appro- priation to the University at Fayetteville and the other three- elevenths to the Normal School for colored people located at Pine Bluff; to give the United States jurisdiction over a site for a public building at Camden; to prevent prize fighting in the state ; to amend the election laws, creating the state board of elec- tion commissioners, composed of the governor, secretary of state and auditor, who were empowered to appoint three election com- missioners in each county; to incorporate the Ex-Confederate Association of Arkansas, and to grant pensions to disabled Con- federate soldiers or their widows and orphans. 132 OUTLINE OF EXECUTIVE WILLIAM MEADE FISHBACK GOVERNOR; JANUARY 10, 1893 JANUARY 18, 1895 William Meade Fishback, seventeenth governor of the State of Arkansas, was born in Culpepper county, Virginia, November 5, 1831, a son of Frederick and Sophia (Yates) Fishback. The Fishback family came originally from Germany. Fredericktown, Maryland, was named for Frederick Fishback, who was an ancestor of William M. Fishback. This Frederick Fishback mar- ried a Miss Hager, whose father was the founder of Hagers- tovvn, Maryland, prior to the American Revolution. W T illiam M. Fishback grew to manhood in his native county ; was educated at the University of Virginia; taught school for some time after leaving college; studied law in Richmond, and in 1857 decided to seek his fortune in the West. The greater part of the year 1858 was spent in Illinois looking for a place to begin the practice of his profession. At Springfield he met Abra- ham Lincoln, who assisted him in securing his first client. Later in the year 1858 he came to Arkansas. After about a month at Fort Smith he went to Greenwood. There he formed a partner- ship with Sol. F. Clark, which lasted until the beginning of the Civil War. In 1861 he was 'elected as a Union man to the state secession convention. He voted for the ordinance of secession, but explained at the time that he did so because the trend of public opinion demanded its adoption. Soon after the adjournment of that convention he went north, but returned to Little Rock in 1864 as the editor of a newspaper called the Unconditional Union. The same year he was elected to the United States Senate, but was not allowed to take his seat. After the war he returned to Sebastian county, where he was elected a delegate to the constitutional convention of 1874. He was elected to the General Assembly in 1876, was re-elected in 1878. and at the ensuing session of 1879 introduced what is known as the "Fishback Amendment" to the state constitution, prohibiting the state authorities from paying the Holford, rail- road aid and levee bonds. In 1884 he was again elected to the General Asembly and in the session of 1885 was a candidate for United States Senator, but was defeated by James H. Berry. In 1888 he entered the Democratic state convention as a candidate for governor, but failed to receive the nomination. He was AND LEGISLATIVE HISTORY 133 elected goverfior in 1892 and served one term. In 1896 he was an ardent advocate of the free coinage of silver, and made speeches in several states in behalf of Bryan and Sewall. On April 4, 1867, he was married to Miss Adelaide Miller, who bore him six children. He died at his home in Fort Smith February 9, 1903. Twenty-Ninth General Assembly- Members of the twenty-ninth General Assembly were elected September 5, 1892. The Republicans elected one senator, the Populists two, and the Democrats twenty-nine. The house was composed of five Republicans, six Populists, and eighty-nine Democrats. The members of the senate were: First District (Greene, Craighead and Clay counties), Robert Liddell; Second (Ran- dolph, Lawrence and Sharp), Clay Sloan; Third (Carroll, Boone and Newton), A. F. Casey; Fourth (Johnson and Pope), J. M. Harkey; Fifth (Washington), R. J. Wilson; Sixth (Indepen- dence and Stone), W. H. H. Oyler; Seventh (Woodruff, St. Francis, Cross and Crittenden), F. P. Hill; Eighth (Yell and Logan), M. C. Scott; Ninth (Saline, Hot Spring and Grant), T. M. Mehaffey; Tenth (Pulaski and Perry, J. W. Callaway, G. T. Holmes; Eleventh (Jefferson), J. W. Adams; Twelfth (Lonoke and Prairie), M. M. Erwin ; Thirteenth (Arkansas and Monroe), W. Theodore Smith; Fourteenth (Phillips and Lee), Henry N. Word; Fifteenth (Desha and Chicot), George W. Bell; Sixteenth (Lincoln, Cleveland and Dallas), W. S. Amis; Seven- teenth ( Drew and Ashley), Hogan Allen; Eighteenth (Brad- ley and Union), W. R. Quinney; Nineteenth (Calhoun and Ouachita), T. J. Gaughan; Twentieth (Hempstead and Nevada), C. C. Hamby; Twenty-first (Columbia, Lafayette and Miller), H. T. Hawkins; Twenty-second (Little River, Sevier, Howard .and Polk), J. H. Bell; Twenty-third (Fulton, Izard, Marion and Baxter), W. E. Davidson; Twenty-fourth (Benton and Madi- son), M. D. Lucas; Twenty-fifth (Crawford and Franklin), T. O. Pettigrew; Twenty-sixth (Van Buren, Conway and Searcy), A. J. Redwine; Twenty-seventh (White and Faulk- ner), J. P. H. Russ; Twenty-eighth (Sebastian and Scott), J. F. Weaver; Twenty-ninth (Poinsett, Jackson .and Mississippi), 134 OUTLINE OF EXECUTIVE W. P. West; Thirtieth (Clark and Pike), E. B. Kinsworthy; Thirty-first (Garland and Montgomery), Gibson Witt. Those elected to the house were : Arkansas county, John F. Parks; Ashley, W. H. Lindsey; Baxter, Jerry C. South; Benton, John Black, P. A. Rogers ; Boone, E. G. Mitchell ; Bradley, W. F. Barry ; Calhoun, T. A. Thornton ; Carroll, H. G. Poyner ; Chicot, N. E. Edwards; Clark, J. E. Bradley, J. W. Neill; Clay, J. T'. Blackshare ; Cleveland, Louis Helyer ; Cleveland, R. E. Foster ; Columbia, D. L. Kilgore ; J. C. Colquitt; Conway, Carl Flucks, N. E. Hawkins; Craighead, Ernmett Rodgers; Crawford, J. F. Roberts, David McGitmis; Crittenden, L. P. Berry; Cross, W. T. Bledsoe : Dallas, G. W. D. Overman ; Desha, D. A. Gates ; Drew, J. H. Hammock; Faulkner, S. A. Stewart; Franklin, R. F. Hooper, W. W. Bailey; Fulton, R. D. Harris; Garland, J. D. Kimbell, J. M. McCollum; Grant, R. R. Adams; Green, T. B. Kitchens; Hempstead, J. A. Williamson, C. A. Bridewell; Hot Spring, S. H. Emerson ; Howard, J. H. Hancock ; Independence, George W.-McCauley, A. G. Gray; Izard, Ransom Gulley; Jack- son, Wiley M. Baird ; Jefferson, J. T. Rodgers, P. H. Booth. Howard McKay; Johnson, W. T. Hunt; Lafayette, J. M. Lewis; Lawrence, J. B. Judkins ; Lee, H. N. Hutton, James Robertson ; Lincoln, F. M. McGehee ; Little River, Austin Wright; Logan, D. A. Carroll, George R. Brown; Lonoke, W. H. Eagle, J. H. Brawley; Madison, W. C. Roberts; Marion, J. S. Owens; Miller, W. F. Kirby; Mississippi, H. C. Davis; Monroe, W. J. F. Jones; Montgomery, W. O. Diffie ; Nevada, T. W. Hays; Newton, W. J. Crump ; Ouachita, Frank W. Broadnax ; Perry, J. F. Sellers; Phillips, W. M. Richardson, J. H. Carr; Pike, J. C. Pinnix, Poinsett, L. J. Collins; Polk, J. T. Miller; Pope, M. H. Buchanan, L. Russell ; Prairie, F. E. Brown ; Pulaski, A. C. Jones, W. A. Galloway, Ham Z. Churchill, C. P. Roberts ; Ran- dolph, A. J. Witt; Saline, W. M. Baldridge ; Scott, R. E. Ses- sions ; Searcy, J. F. Hartley ; Sebastian, T. H. Leatherford, T. C. Humphrey, J. S. Luck; Sevier, Hal L. Norwood; Sharp, Green- berry Ferguson; St. Francis, R. W. Peevy ; Stone, James M. McAlisteri; Union, J. Monroe Smith; Van Buren, J. W. Pate; Washington, H. M. Welch, B. F. Williams, R. P. Harrison; White, J. W. Wells, H. M. Pope ; Woodruff, W. E. Ferguson : Yell, W. A. Clement, R. D. McMullen. They met in regular session January 9, 1893. E. B. Kins- AND LEGISLATIVE HISTORY 135 worthy was elected president of the senate ; John D. Howell, secretary. T. C. Humphrey was speaker of the house; D. N. Halliburton, clerk. The session lasted until April 8, 1893. The principal Acts of the session were: An Act to revise and digest the laws of the state; an Act giving consent to the acquisition by the United States of a tract of land, of not more than fifteen hundred acres, in Pulaski county for a military post, and surrendering jurisdiction over the same (see High Lights) ; another to repeal the Act of 1887 providing for a geological sur- vey of the state ; an Act providing for the better government of cities of the first class; an Act compelling railroad companies to furnish separate coaches for "white and colored passengers; and an Act authorizing the governor to appoint five directors to provide an exhibit of the state's products at the Columbian Expo- sition at Chicago, authorizing an educational exhibit, and making an appropriation of $15,000.00 to defray the expenses. The privilege tax and pension laws were amended, and two constitutional amendments were proposed. The first provided that justices of the peace should have power to levy a tax of not more than three mills on the dollar for internal improve- ments. The second gave the governor authority to fill vacancies in county and township offices. 136 OUTLINE OF EXECUTIVE JAMES P. CLARKE GOVERNOR, JANUARY 18, 1895 JANUARY 14, 1897 James P. Clarke, eighteenth governor of the State of Arkan- sas, was born in Yazoo City, Mississippi, August 18, 1854, the son of Walter and Ellen (White) Clarke. He received an academic education in his native state and then entered the law department, of the University of Virginia, where he was grad- uated in 1878. The following year he located at Helena, Arkan- sas, where he began the practice of his profession. In 1886 he was elected to the house of representatives from Phillips county. Two years later he was elected to the state senate, and in the session of 1891 he was chosen president of that body. In 1892 he was elected attorney-general and in 1894 was elected governor. He declined a second term as governor in 1896 and prac- ticed law in Little Rock until January, 1903, when he was elected United States Senator to succeed James K. Jones. At the close of his first term he was re-elected for the term ending on March 4, 1915. The seventeenth amendment to the Federal Constitution went into effect on May 31, 1913. This amendment provides for the election of United States senators by direct vote of the people. Senator Clarke was chosen for a third term at the election in 1914 and was the first senator from Arkansas to be elected by popular vote. While in the Senate he served on the committees on foreign relations and military affairs and was chairman of the commerce committee. In 1913 he was elected president pro tempore of the Senate, the first time in the history of Congress that an Arkansan was so honored. He was re- elected to the latter position in 1915. Although a Democrat, he was not always a partisan and frequently asserted his inde- pendence. An instance of this sort is illustrated in the passage of what is known as the "Adamson Bill," in September, 1916, to stop the threatened nation-wide railroad strike. Notwith- standing the fact that President Woodrow Wilson wanted the bill passed, Senator Clarke was one of the two Democratic sena- tors who refused to vote for it, and as president pro tempore he refused to sign it after it was passed. While he was governor an incident occurred which shows the indomitable character of the man. Some prize fight pro- moters undertook to arrange a bout between James J. Corbett AND LEGISLATIVE HISTORY 137 and Robert Fitzsimmons at Hot Springs. Governor Clarke declared that no prize fights should take place in Arkansas while he was governor, and announced that he would call out the militia, if necessary, to prevent the match. His unyielding deter- mination to protect the good name of the state caused the fight promoters to abandon the project. He died at his home in Little Rock October 1, 1916, after an illness of only four days, folowing a slight stroke of apoplexy. Four United States Senators attended the funeral Robinson, of Arkansas; Ransdell, of Louisiana; Saulsbury, of Delaware, and Vardaman, of Mississippi. The Arkansas Bar also paid tribute to his ability as a lawyer and his sterling worth as a statesman and citizen. On November 17, 1883, James P. Clarke and Mrs. Sallie Moore Wooten, of Moon Lake, Mississippi, were united in mar- riage. Two daughters and a son Julia, Marion and James- were born of this union. Thirtieth General Assembly Members of the thirtieth General Assembly were elected Sep- tember 3, 1894. The Republicans had in the senate but one mem- ber. In the house there were three Republicans, nine Populists and eighty-eight Democrats. The members of the senate were: First District (Greene, Craighead and Clay counties), Robert Liddell ; Second (Ran- dolph, Lawrence and Sharp), Clay Sloan; Third (Carroll, Boone and Newton), W. B. Morton; Fourth (Johnson and Pope), G. T. Cazort; Fifth (Washington), Robert J. Wilson; Sixth (Inde- pendence and Stone), A. G. Gray; Seventh (Woodruff, St. Fran- cis, Cross and Crittenden), Van B. Izard; Eighth (Yell and Logan), M. C. Scott; Ninth (Saline, Hot Spring and Grant), T. M. Mehafrey; Tenth (Pulaski and Perry), B. D. Williams, R. \V. Worthen; Eleventh (Jefferson), J. W. Adams; Twelfth (Lonoke and Prairie), G. W. Granberry ; Thirteenth (Arkansas and Monroe), W. Theodore Smith; Fourteenth (Phillips and Lee), Henry N. Word; Fifteenth (Desha and Chicot), George C. Shell; Sixteenth (Lincoln, Cleveland and Dallas), W. S. Amis; Seventeenth (Drew and Ashley), J. G. Williamson; Eighteenth (Bradley and Union), W. R. Quinney; Nineteenth 138 OUTLINE OF EXECUTIVE (Calhoun and Ouachita), E. L. Hathcock; Twentieth (Hemp- stead and Nevada), A. E. Williams; Twenty-first (Columbia, Lafayette and Miller), David L. King; Twenty-second (Little River, Sevier, Howard and Polk), John H. Bell; Twenty-third (Fulton, Izard, Marion and Baxter), W. E. Davidson; Twenty- fourth (Benton and Madison), J. A. C. Blackburn; Twenty-fifth (Crawford and Franklin), T. A. Pettigrew ; Twenty-sixth (Van Buren, Conway, Searcy and Cleveland), William L. Moose; Twenty-seventh (White and . Faulkner), Julius V. Council : Twenty-eighth (Sebastian and Scott), J. Frank Weaver; Twenty- ninth (Poinsett, Jackson and Mississippi), W. P. West; Thirtieth (Clark and Pike), J. C. Pinnix ; Thirty-first (Garland and Mont- gomery), Gibson Witt. Those elected to the house were : Arkansas county, Jeff D. Ferguson ; Ashley, P. T. Butler ; Baxter, Jerry C. South ; Ben- ton, Richard L. Nance, William M. Keith ; Boone, Lafayette L. Coffman; Bradley, William S. Goodwin; Calhoun, Robert F. Dedman ; Carroll, William M. Brown ; Chicot, Joseph Davies ; Clark, J. E. Bradley, John W. Herrod ; Clay, Bascom B. Holli field ; Cleburne, George W. Crosby ; Cleveland, R. F. Foster ; Columbia, William H. Armstrong, John C. Colquitt ; Conway, William S. Hanna, B. M. Stevens ; Craighead, William W. Gate ; Crawford, Lee Neal, Randolph Comstock; Crittenden, Frank G. Smith; Cross, James D. McKie ; Dallas, G. M. D. Overman; Desha, Frank M. Rogers ; Drew, James R. Gotham ; Faulkner, Isaac M. Campbell ; Franklin, Ed H. Mathes, William L. Wag- ner ; Fulton, William W T . Brooks; Garland, James L. Wadley, J. D. Kimbell ; Grant, John W. Lybrand ; Greene, Joseph H. Lid- dell ; Hempstead, Levi A. Reece, Rufus A. Leslie; Hot Spring, William Lambert ; Howard, William J. Lee ; Independence, Albert M. Hathcock, Francis M. Martin; Izard, W 7 iley Croom ; Jackson, W r iley M. Baird ; Jefferson, Sam F. Hilzheim, William E. Sallee, George L. Blackwell ; Johnson, John J. Quick ; Lafayette, Joseph W. W r arren ; Lawrence, Phillip B. Hill ; Lee, William L. Howard. John B. Vineyard ; Little River, J. P. Romines; Lincoln, F. M. McGehee ; Logan, Henry B. Walker, George R. Brown ; Lonoke, William H. Eagle, Joseph T. Rob- inson ; Madison, William C. Roberts; Marion, William R. Jones: Miller, James D. Blanton ; Mississippi, Henry C. Dunavant : M<>< roe, Middleton J. Manning; Montgomery, Joe W. Shaw; Nevada, AND LEGISLATIVE HISTORY 139 T. W. Hayes; Newton, Benjamin F. Ruble; Ouachita, Frank W. Broadnax ; Perry, Milton Turnage ; Phillips, Greenfield Quarles. G. W. Yancey; Pike, James P. Dunn; Poinsett, Eli A. Brad- sher; Polk, John T. Miller; Pope, John H. Bullock, Francis M. Hudson, Jr. ; Prairie, F. E. Brown ; Pulaski, Thomas W. New- ton, James A. Gray, Fred Wolters, Charles R. Monroe; Ran- dolph, A. J. Witt; Saline, Calvin B. Henderson; Scott, W. A. Houck; Searcy, Ulysses S. Bratton; Sebastian, J. S. Luck, Ben T. Duval, T. H. Leatherwood; Sevier, John S. Lake; Sharp, Thomas I. Herrn ; St. Francis, William J. Matthews ; Stone, George C. Hinkle ; Union, J. Monroe Smith ; Van Buren, T. C. Ford ; Washington, Johnson Crawford, T. W. Thomason, A. Gallaher; White, H. M. Pope, Robert W. Crisp; Woodruff, Thomas D. Patron ; Yell, W'. A. Clement, Robert Toomer. They met in regular session January 14, 1895. Gibson Witt was elected president of the senate ; Charles T. Gordon, secretary. John C. Colquitt was speaker of the house ; George C. Naylor, clerk. The session lasted until April 10, 1895. The greater part of the inaugural address of Governor Clarke was taken" with the subject of a new constitutional convention. "At the time the present constitution was framed," said he, "we stood in the darkness and doubt of the reconstruction period and, consulting the demands of personal liberty, desperately assailed, we moulded its provisions as if the government might at any time be taken from the bona fide citizens of the state and turned back to those who had shown that they were wanting either in capacity or inclination to administer it for the best interests of the whole people." He expressed himself as favoring a four-year term of office for all state and county offices, and the limitation of the right to hold any office to a single term. Of the Acts passed at this session of the General Assembly, the following were important : An Act to revive and extend the charter of the Mississippi Valley Railroad Company; an Act tax- ing national bank notes, United States treasury notes, etc., cir- culating as currency; another permitting corporations to reduce the amount of their capital stock ; an Act giving laborers a lien upon property for work performed thereon ; declaring the wilful destruction of property by explosives a felony ; permitting rail- 140 Ol'TIJNE OF EXECUTIVE road companies to grant free passes to county sheriffs; appro- priating $10,000.00 for an exhibit of the state's products at the Atlanta Exposition; an Act to enable counties to refund their bonded indebtedness, and an Act to authorize municipal corpo- rations to condemn private property for the construction or extension of waterworks systems. AND LEGISLATIVE HISTORY 141 DANIEL WEBSTER JONES GOVERNOR, JANUARY 14, 1897 JANUARY 17, 1901 Daniel Webster Jones, "nineteenth governor of the State of Arkansas, was born in Bowie county, Texas, December 15, 1839, a son of Dr. Isaac N. and Elizabeth (Littlejohn) Jones. His maternal grandfather was a Scotchman who served in the Con- tinental Army during the American Revolution. While Daniel was still in his early childhood his parents removed to Washing- ton, Arkansas. There he attended the Washington Academy, then conducted by B. J. Borden, under whose instruction he acquired a practical education. Upon leaving the academy, he began the study of law with John R. Eakin, afterward one of the justices of the Arkansas Supreme Court, but at the breaking out of war in 1861 he laid aside his law books to enlist in Company A, Third Arkansas State Troops, commanded by John R. Gratiot. This regiment received its baptism of fire at the battle of Oak Hills (or Wil- son's Creek), Missouri, August 10, 1861. Soon after that engage- ment Jones raised Company A, Twentieth Arkansas Infantry, and was elected captain. In July, 1862, he was promoted to major. At the battle of Corinth, Mississippi, October 4, 1862, he was shot through the body, the ball passing just below the heart, and he was taken prisoner. Despite the dangerous nature of his wound he recovered. After his exchange he returned to his regiment and was shortly appointed colonel, although only twenty-three years of age. The order for his promotion stated that it was "for gallant conduct upon the field." He commanded the regiment until the close of the war, except for the short time he was a prisoner after the fall of Vicksburg in July, 1863. After the war he began the practice of law at Washington, Arkansas. In 1874 he was elected prosecuting attorney of the Ninth Circuit, and declined a re-election two years later. He was one of the presidential electors from the Second Congres- sional District, in 1876 and in 1880 was one of the electors at large. At the state election in 1884 he was elected attorney-gen- eral and was re-elected in 1886. In 1890 he was elected to the house of representatives from Pulaski county. He was elected governor in 1896 and again in 1898, serving two full terms. Upon retiring from the governor's office he practiced law in 142 OUTLINE OF EXECUTIVE Little Rock until a short time before his death. His last public service was as a representative from Pulaski county in the Gen- eral Assembly of 1915. He died December 25, 1918. He was buried in a Confederate uniform, to which he had pinned an American flag a short time before his death. On February 9, 1864, he was married to Miss Maggie P. Had- ley, a daughter of James Hadley. Five children were born of this manage, Claudius, Elizabeth Wilson, Bobbie Newton, Daniel Webster and Howard Hadley. Thirty-First General Assembly- Members of the thirty-first General Assembly were elected September 7, 1896. The senate was made up of thirty Demo- crats, one Republican and one Populist. There were ninety Dem- ocrats, eight Populists and two Republicans in the house. The members of the senate were: First District (Clay, Craighead and Greene counties), John M. Raines; Second (Law- rence, Sharp and Randolph), A. J. Witt; Third (Boone, Car- roll and Newton), W. B. Morton; Fourth (Johnson and Pope), G. T. Cazort; Fifth (Washington), R. J. Wilson; Sixth (Inde- pendence and Stone), A. G. Gray; Seventh (Crittenden, Cross, St. Francis and Woodruff), Van B. Izard; Eighth (Logan and Yell), R. D. McMullin; Ninth (Grant, Hot Spring and Saline), William Lambert; Tenth (Perry and Pulaski), B. D. Williams, R. W. Worthen; Eleventh (Jefferson), William P. Grace; Twelfth (Lonoke and Prairie), G. W. Cranberry; Thirteenth (Arkansas and Monroe), M. J. Manning; Fourteenth (Lee and Phillips), Greenfield Quarles; Fifteenth (Chicot and Desha), George C. Shell; Sixteenth (Cleveland, Dallas and Lincoln), F. M. McGehee; Seventeenth (Ashley and Drew), J. G. William- son; Eighteenth (Bradley and Union), J. M. Smith; Nine- teenth (Calhoun and Ouachita), E. . L. Hathcock; Twentieth (Hernpstead and Nevada), T. W. Hays; Twenty-first (Columbia, Lafayette and Miller), David L. King; Twenty-second (Howard, Little River, Polk and Sevier), W. H. Collins; Twenty-third (Baxter, Fulton, Izard and Marion), J. C. South; Twenty-fourth (Benton and Madison), J. A. C. Blackburn; Twenty-fifth (Craw- ford and Franklin), J. K. P. Douglass; Twenty-sixth ( Cleburne, Conway, Searcy and Van Buren), William L. Moose; Twenty- AND LEGISLATIVE HISTORY 143 Seventh (Faulkner and White), J. V. Connell ; Twenty-eighth (Scott and Sebastian), H. J. Hall; Twenty-ninth (Jackson, Mis- sissippi and Poinsett), G. A. Hillhouse; Thirtieth (Clark and Pike), J. C. Pinnex; Thirty-first (Garland and Montgomery), J. D.' Kimbell. Those elected to the house were : Arkansas county, Jeff D. Ferguson; Ashley, P. T. Butler; Baxter, William T. Hopper; Benton, William M. Keith, P. A. Rogers; Boone, Lafayette L. Coffman ; Bradley, John R. Gannaway; Calhoun, K. E. Wither- ington; Carroll, F. O. Butt; Chicot, Henry F. Holt; Clark, George W. L. Fortune, William E. Welch; Clay, B. B. Hollifield; Cleveland, Jesse F. Johnson ; Columbia, Dennis D. Hartsell, John C. Jackson ; Conway, Algernon F. Vandeventer, George W. Griffin ; Craighead, Frederick G. West ; Crawford, Randolph Comstock, Solomon L. Jeffers ; Crittenden, Frank G. JSmith ; Dal- las, R. C. Fuller ; Desha, John W. Dickinson; Drew, N. Y. Wads- worth ; Faulkner, P. H. Prince ; Franklin, William W. Cotton ; L. H. Burrow; Fulton, J. L. Short; Garland, Alphonos Curl, George F. Rowe ; Grant, John P. Harper ; Greene, J. M. Futrell ; Hempstead, James W. Ellis, William A. B riant ; Hot Spring, Horatio Barnett ; Howard, John F. Briggs ; Independence, J. W. Goodwin, John C. Stroud; Tzard, William B. Hamm; Jackson, John H. Keel ; Jefferson, W. G. Street, McLemore H. Williams, W. E. Sallee; Johnson, B. F. Wofford; Lafayette, J. W. Warren; Lawrence, Benjamin A. Morris; Lee, John B. Vineyard, J. E. Wood ; Lincoln, H. R. Lucas ; Little River, John C. Head; Logan, Theodore F. Potts, W. R. Ford; Lonoke, William H. Eagle, James H. Hicks ; Madison, Samuel M. Johnson ; Marion, William R. Jones ; Miller, William F. Kirby ; Mississippi, William J. Driver; Monroe, John F. Lee; Montgomery, J. W. Shaw; Nevada, James O. A. Bush ; Newton, William B. Moss ; Ouachita, Charles J. Parker; Perry, Albert W. Rison ; Phillips, James C. Tappan, John W. Keese ; Pike, John C. Hughes ; Poin- sett, Nicholas J. Willis ; Polk, R. T. Connally ; Pope, J. H. Bul- lock, F. M. Hudson ; Prairie, F. E. Brown ; Pulaski, George C. Naylor, John D. Shackelford, John F. See, John H. Toughey; Randolph, M. D. Bowers ; Saline, W. N. Baldridge ; Scott, Jacob W. Rogers ; Searcy, U. S. Bratton ; Sebastian, Thomas P. Yadon, John E. Tatum, William D. Buckley; Sevier, John S. Lake; Sharp, Thomas I. Herrn ; St. Francis, F. W. DeRossett ; Stone, Jacob King ; Union, P. F. Matthews ; Van Buren, M. B. Lefler ; 144 OUTLINE OF EXECUTIVE .Washington, James H. Van Hoose, Julius H. Amaker, R. A. Meclearis; White, R. W. Crisp, Sidney P. Pennington ; Wood- ruff, Thomas D. Patton ; Yell, George E. Floyd, David Ellison. They met in regular session January 11, 1897. William L. Moose' was elected president of the senate ; John W. Howell, secretary. J. C. Tappan was speaker of the house ; O. C. Lud- wig, clerk. The session lasted until March 11, 1897. In his inaugural address, Governor Jones recommended the establishment of a railroad commission. Said he upon the sub- ject: "The constitution provides that 'the General Assembly shall have no power to create any permanent state office not expressly provided for by this constitution.' Whether a railroad commission is such a state office as comes within the inhibition is a mooted question. To be on the safe side, and to avoid the necessity for its judicial determination, I recommend the pas- sage of an Act creating the commission temporarily, to hold office until the adjournment of the next General Assembly, and defining its powers and duties, and providing in the Act that there be submitted to the people of the state, at the next general elec- tion, an amendment to the constitution providing for and author- izing the creation of such offices ; then at such election there shall be elected by the people of the state, railroad commissioners, who,, upon the adoption of such amendment, shall hold office for def- inite terms to be fixed by the Act." The following were the principal Acts of this session : To authorize Pulaski county to fix tolls and apply the proceeds to the redemption of overdue bridge warrants issued for the build- ing of the bridge over the Arkansas river at Little Rock ; to estab- lish county normal institutes ; to provide for a quarantine against contagious diseases in domestic animals; to prevent the forma- tion of trust and combinations to control the production or price of commodities; and to authorize farmers to organize mutual insurance associations. A special session of this Assembly was called by the gover- nor to meet on April 26, 1897. It lasted until June 16, 1897. The objects of the session, as stated in the proclamation of the gov- ernor, were: To make appropriations for the several depart- ments of the state government and the educational and charitable institutions ; to amend the general election laws ; to create a rail- AND LEGISLATIVE HISTORY 145 road commission; to make some provisions for an exhibit of the state's products at the Tennessee Centennial Exposition at Nashville, and the Trans-Mississippi Exposition at Omaha; and to enact a law by which state railroads might be built with con- vict labor. The appropriations recommended by the governor were made; an appropriation of $12,500.00 was made for an electric light plant at the penitentiary ; certain lands were granted to the Springfield, Little Rock & Gulf Railroad Company; the gover- nor, auditor and attorney-general were created a state board with power "to locate, survey and build state railroads and telegraph lines, receive donations, employ convicts," etc. No action was taken upon the governor's recommendation regarding the creation of a railroad commission, probably for the reason that a con- stitutional amendment for that purpose had been submitted to the people by the preceding session, and the Legislature deemed it advisable to wait until the fate of that amendment had been decided at the general election in 1898. Thirty-Second General Assembly Members of the thirty-second General Assembly were elected September 5, 1898. The thirty-two senators were all Democrats. But for two Republicans, the house was made up of Democrats. The members of the senate were: First District (Greene, Craighead and Clay counties), John M. Raines; Second (Ran- dolph, Lawrence and Sharp), A. J .Witt; Third (Carroll, Boone and Newton), Lawrence W. Clark; Fourth (Johnson and Pope), Robert L. Lawrence; Fifth (Washington), Robert J. Wilson; Sixth (Independence and Stone), Jacob King; Seventh (Wood- ruff, St. Francis, Cross and Crittenden), William E. Ferguson; Eighth (Yell and Logan), Robert D. McMullin; Ninth (Saline, Hot Spring and Grant), William Lambert; Tenth (Pulaski and Perry), John D. Shackelford, John F. McNemer; Eleventh (Jef- ferson), Smith C. Martin; Twelfth (Lonoke and Prairie), Eugene Lankford; Thirteenth (Arkansas and Monroe), M. J. Manning; Fourteenth (Phillips and Lee), Greenfield Quarles ; Fifteenth (Desha and Chicot), Richard A. Buckner; Sixteenth (Lincoln, Cleveland and Dallas), F. M. McGehee; Seventeenth (Drew and Ashley), P. T. Butler; Eighteenth (Bradley and Union), J. M. Smith; Nineteenth (Calhoun and Ouachita, 146 OUTLINE OF EXECUTIVE Thomas W. Hardy; Twentieth (Hempstead and Nevada), George R. Haynie ; Twenty-first (Columbia, Lafayette and Miller), W. F. Kirby ; Twenty-second (Little River, Sevier, Howard and Polk), W. H. Collins; Twenty-fourth (Benton and Madison), Nelson J. Carlock ; Twenty-fifth (Crawford and Franklin), J. K. P. Douglas; Twenty-sixth (Van Buren, Con- way, Searcy and Cleburne), William T. Hammock; Twenty- seventh (White and Faulkner), Richard A. Dowdy; Twenty- eighth (Sebastian and Scott) T H. J. Hall; Twenty-ninth (Poin- sett, Jackson and Mississippi), George A. Hillhouse ; Thirtieth (Clark and Pike), Thomas N. Wilson; Thirty-first (Garland and Montgomery), J. D. Kimball. Those elected to the house were : Arkansas county, John W. Crockett ; Ashler, Thomas F. Mears ,- Baxter, James T. Jones ; Benton, Harry L. Patton, R. L. Nance ; Boone, James T. Craig ; Bradley, John J. Gannaway; Calhoun, Charles L. Poole ; Carroll, Festus O. Butt; Chicot, Henry F. Holt; Clark, Stephen P. Mea- dor, James C. Turner; Clay, Thomas B. Barker; Cleburne, William E. Martin ; Cleveland, William J. Stanfirld ; Columbia, John C. Colquitt, John W. Fields ; Conway, Algernon F. Vande- venter, George W. Griffin ; Craighead, Frederick G. West ; Craw- ford, Berkeley Neal, Robert L. Rogers : Crittenden, S. A. Mar- tin ; Cross, James E. Smith ; Dallas, Joseph F. Gill ; Desha, Percy B. Blackburn ; Drew, Joseph F. Hughes ; Faulkner, George W. Clark; Franklin, William W. Cotton, Hartley M. Walton; Ful- ton, Joseph L. Short; Garland, Richard H. Taylor, E. W. Rec- tor ; Grant, T. Havis Nixon ; Greene, George O. Light ; Hemp- stead, Thomas C. Jobe, Levi A. Reece ; Hot Spring, Jonathan L. Hall; Howard, J. T. M. Holt; Independence, Ernest Neill, Alfred M. Hath cock ; Izard, Granville S. Rector; Jackson, Otis W. Scarborough ; Jefferson, Harden K. Toney, Creed Caldwell, R. F. Foster; Johnson, Benjamin F. Wofford; Lafayette, Samp- son L. Harris ; Lawrence, Harry L. Ponder ; Lee, J. E. Wood, Tames M. Hall ; Lincoln, Williford F. Norton ; Little River, James D. Head ; Logan, Jacob R. Raper, H. M. Westmoreland ; Lonoke, John Bowers, Sr., George W. Hendrix ; Madison, Samuel M. Johnson; Marion, James M. Coker; Miller, James A. Walker; Mississippi, Thomas A. Matthews ; Monroe, Oliver M. Norman ; Montgomery, George H. Spear, Jr. ; Nevada, Pinkney B. Jones ; Newton, William B. Moss; Ouachita, Charles J. Parker; Perry ; AND LEGISLATIVE HISTORY 147 John M. Wallace; Phillips, James C. Tappan, John W. Keesee; Pike, Moses K. Brock; Poinsett, John D. Steele; Polk., John I. Alley; Pope, Tom D. Brooks, Joseph Howard; Prairie, Alfred L. Aydelott; Pulaski, John H. Toughey, George W. Williams, John Barrow, Edward W. Winfield; Randolph, Clarence H. Henderson ; Saline, Charles D. Ewell ; Scott, James O. Sullivan ; Searcey, Joseph S. Evans ; Sebastian, J. F. Weaver, Thomas P. Yadon, John E. Tatum; Sevier, William F. Nichols; Sharp, Thomas I. Herrn ; St. Francis, Sam M. Blalock; Stone, Samuel M. Casey; Union, W. Douglas Chew; Van Buren, Martin B. Lefler; Washington, Thomas H. Humphreys, Thomas B. Greer, Sterling P. Williams ; White, John C. McCauley, James B. Arm- strong; Woodruff, William T. Trice; Yell, George E. Floyd, J. W. Clack. They met in regular session January 9, 1899. M. J. Man- ning was elected president of the senate ; John W. Howell, sec- retary. A. F. Yandeventer was speaker of the house ; J. G. B. Sims, clerk. The session lasted until April 19, 1899. The more important of the general Acts passed were: To create a railroad commission, as authorized by constitutional amendment adopted in September, 1898, and directing the gov- ernor to appoint three persons, not interested in any railroad company, to serve until the next general election; to appropriate the sum of $10,500.00 to reimburse persons for money advanced to the governor to enable him to raise* the two regiments called for by the United States for service in the Spanish-American War ; to extend the charters of certain railroad companies whose lines were unfinished; to regulate the rates for weighing and marking cotton ; to provide a more equitable method of weighing or measuring coal at the mine; to appropriate $24,650.00 for an infirmary at the lunatic, asylum ; to provide for a system of uniform text-books to be used in the public schools of each county ; to fund the state debt, and to restrict the sale of cocaine. The most important Act of the session was the one providing for a new state capitol on the grounds occupied by the peniten- tiary. By this Act the governor was authorized to appoint a board, composed of one member from each congressional district, to superintend the erection of the building ; the penitentiary board was instructed to obtain a new site for the prison at some suitable point in Pulaski county, and an appropriation of $1,000,000 was made for the erection of the new capitol. 148 OUTLINE OF EXECUTIVE JEFFERSON DAVIS GOVERNOR, JANUARY 17, 1901 JANUARY 18, 1907 Jefferson Davis, twentieth governor of the State of Arkansas, was born near Richmond, Little River county, Arkansas, May 6, 1862. When he was about seven years of age his parents,. Lewis A. and Elizabeth Davis, removed to Russellville, Pope county, where he grew to manhood. He was educated in the com- mon schools and at the University of Arkansas, but before com- pleting his course in the latter institution he left it to enter the law department of Vanderbilt University, at Nashville, Tennes- see. He was admitted to the bar before he attained his majority, and began practice at Russellville. In 1890 he was elected prose- cuting attorney of the Fifth Circuit and was re-electd in 1892. In 1898 he was elected attorney-general for a term of two years and while holding that office was nominated as the Democratic candidate for governor, to which office he was elected in Sep- tember, 1900. Mr. Davis was the second native of Arkansas elected to the office of governor. He had the distinction of being the only man ever elected to the office three terms in succession. In February, 1907, he was elected United States Senator to succeed James H. Berry, for the term beginning March 4, 1907. Soon after taking his seat in the Senate, he shocked the "old-timers" by daring to make a speech. Senatorial dignity and tradition had established a precedent that a new senator should "be seen and not heard" during his first term. But Davis cared nothing for precedents. When he had anything to say, he said it. In 1912 he was the choice of the people at the primary elec- tion for a second term as senator, but died before his nomination could be confirmed by the General Assembly. For several weeks before his death he had been taking a course of treatment to reduce his weight. Only a day or two before he died he was boasting to his law partner that he had lost in weight and was feeling much better as a result. At the supper table on the evening of January 2, 1913, he complained of feeling ill and a physician was summoned. Before the doctor arrived, Davis was feeling better, and it was then thought that the ailment was nothing serious. The family retired early and shortly after mid- night his son, Wallace Davis, heard him call and went to his AND LEGISLATIVE HISTORY 149 room. Again the physician was called, but just as he entered the room Mr. Davis fell back on his pillow and expired before relief could be administered. He was buried in Mount Holly Cemetery at Little Rock. Thousands attended his funeral. No man in public life in Arkansas ever had as many or true friends. Mr. Davis was twice married. His first wife was Miss Ina McKenzie, to whom he was married in Russellville in 1887. Twelve children were born to this marriage, eight of whom sur- vived their father, viz: Wallace, Bessie, Lynah, Janie, Jeff Jr., Ina, Lucile and Lewis. In December, 1911, Mr. Davis married Miss Lelia Carter, who was still living in 1921, when this was written. Thirty -Third General Assembly- Members of the thirty-third General Assembly were elected September 3, 1900. The senate was solidly Democratic. The house was made up of ninety-six Democrats, two Republicans; one Populist and one Independent. The members of the senate were: First District (Greene, Craighead and Clay counties), Michael P. Huddleston; Second (Randolph, Lawrence and Sharp), David L. King; Third (Car- roll, Boone and Newton), Lawrence W. Clark; Fourth (Johnson and Pope), Robert L. Lawrence; Fifth (Washington), Robert J. Wilson; Sixth (Independence and Stone), Jacob King; Seventh (Woodruff, St. Francis, Cross and Crittenden), William E. Ferguson; Eighth (Yell and Logan), George R. Brown; Ninth (Saline, Hot Spring and Grant), Reuben R. Adams; Tenth (Pulaski and Perry), John D. Shackelford, J. F. McNemer; Eleventh (Jefferson), Creed Caldwell; Twelfth (Lonoke and Prairie), Eugene Lankford ; Thirteenth (Arkansas and Monroe), Byron Price; Fourteenth (Phillips and Lee), James E. Wood; Fifteenth (Desha and Chicot), Richard A. Buckner; Sixteenth (Lincoln, Cleveland and Dallas), Paul B. Matlock ; Seventeenth (Drew and Ashley), P. T. Butler; Eighteenth (Bradley and Union), Aylmer Flenniken ; Nineteenth (Calhoun and Ouachita), Thomas W. Hardy; Twentieth (Hempstead and Nevada), George R. Haynie; Twenty-first (Columbia, Lafayette and Miller), William F. Kirby; Twenty-second (Little River, Sevier, Howard and Polk), Hal L. Norwood; Twenty-third (Fulton, Izard, Marion and Baxter), Joseph L. Short; Twenty- fourth 150 OUTLINE OF EXECUTIVE (Benton and Madison), Nelson J. Carlock; Twenty-fifth (Craw- ford and Franklin), William W. Cotton; Twenty-sixth (Van Buren, Conway, Searcy and Cleburne), William T. Hammock; Twenty-seventh (White and Faulkner), R. A. Dowdy; Twenty- eighth (Sebastian and Scott), George Sengel ; Twenty-ninth Poinsett, Jackson and Mississippi), John J. Mardis ; Thirtieth (Clark and Pike), Thomas N. Wilson; Thirty-first (Garland arid Montgomery), Gibson Witt. Those elected to the house were : Arkansas county, Richard H. Parker; Ashley, Thomas E. Mears; Baxter, James T. Jones; Benton, Harry L. Patton, William F. Greene ; Boone, James T. Craig; Bradley, John R. Gannaway; Calhoun, Charles L. Poole ; Carroll, William R. Phillips ; Chicot, Samuel F. Horner ; Clark, Stephen P. Meador, James C. Turner; Clay, Edward M. Allen; Cleburne, William E. Martin ; Cleveland, William J. Starifield ; Columbia, John W. Fields, A. S. Kilgore ; Conway, Will P. Strait, Thomas Moody; Craighead, Richard H. West; Crawford, Berkley Neal, Randolph Comstock ; Crittenden, S. A. Martin ; Cross. Ollie N. Killough ; Dallas, Joseph F. Gill ; Desha, Percy B. Blackburn; Drew, Joseph F. Hughes; Faulkner, George W. Clark ; Franklin, Bartley M. Welton, William D. Rodman ; Ful- ton, William R. Chestnut ; Garland, James B. Fulton, Robert S. Dean; Grant, John L. Butler; Greene, J. Marion Futrall ; Hemp- stead, Thomas C. Jobe, James W. Ellis ; Hot Spring, Henry B. Means; Howard, J. T. M. Holt; Independence, Aurelius G. Gray, William S. Wright; Izard, (Inmville S. Rector; Jackson, John H. Keel; Jefferson, Harden K. Toney, Jesse D. Bush, E. B. Waddell ; Johnson, William H. Robins; Lafayette, Tilman B. Parks ; Lawrence, Harry L. Ponder ; Lee, John P. Farrar, James E. Leary ; Lincoln, Williford. F. Norton; Little River, Jeff T. Cowling; Logan, John W. Spain, William R. Ford; Lonoke, H. T. Bradroed, James B. Gray; Madison, James B. Harris; Marion, George G. Perry ; Miller, Ephraim H. Peyton ; Missis- sippi, James K. P. Llale ; Monroe, Thomas H. Jackson; Mont- gomery, James N. Wasson ; Nevada, Pinkney B. Jones ; New- ton, Willis W. Moore; Ouachita, John R. Wright; Perry, James M. Shackelford; Phillips, John I. Moore, Samuel L. Cook; Pike, Moses K. Brock; Poinsett, John W. Rooks; Polk., John I. Alley; Pope, Thomas D. Brooks ; James A. McCracken ; Prairie, Thomas P. Atkins ; Pulaski, George W. Williams, Roy D. Campbell, ( Jus AND LEGISLATIVE HISTORY 151 G. Griffith, Farrar L. McCain ; Randolph, Thomas W. Campbell; Saline, Washington C. Whitthorne ; Scott, Samuel W. Simpson; Searcy, J. F. Henley ; Sebastian, J. F. Weaver, John H. Holland, Robert T. Powell ; Sevier, William F. Nichols ; Sharp, William E. Pounders ; St. Francis, Samuel M. Blalock ; Stone, Emmett Jeffery ; Union, William D. Chew ; Van Buren, George G. Per- kins ; Washington, Thomas H. Humphreys, John P. Stafford, Ardivan W. Mintun ; White, Elbert A. Robins, Thomas B. Bob- bitt; Woodruff, Harry M. Woods; Yell, Joseph A. Taylor, J. W. Clack. They met in regular session January 14, 1901. Robert J. Wilson was elected president of the senate ; J. F. Hurley, secre- tary. T. H. Humphreys was speaker of the house ; A. S. Hays, clerk. The session lasted until May 4, 1901. On January 23, 1901, the two houses met in joint session and elected James H. . Berry United States Senator for the term begin- ning on the 4th of the following March. The principal Acts of the session were : To authorize cities of the first and second classes to establish public libraries ; to repeal the Act of 1897 creating a state board for building state railroads ; to increa-se- the number of state senators to thirty-five ; to divide the state into seven congressional districts; to provide for the organization of street railway and interurban traction companies ; to prohibit false statements by banks and the receiv- ing of money on deposit by insolvent banks ; to adopt the apple blossom as the state flower; to prohibit students in the University of Arkansas from belonging to fraternities, or the employment of any one as an instructor in the University who was a mem- ber of any such fraternity ; to authorize the University of Arkan- sas to procure arms from the United States for the purpose of aiding in giving military instruction to the students. Thirty-Fourth General Assembly Members of the thirty-fourth General Assembly were elected September 1, 1^02. The senators were all Democrats. The rep- resentatives were all Democrats but for two Republican mem- bers. The members of the senate were: First District (Greene, Clay and Craighead counties), Michael P. Huddleston ; Second 152 OUTLINE OF EXECUTIVE (Randolph, Lawrence and Sharp), David L. King; Third (Marion, Boone and Newton), Benjamin E. McFerrin ; Fourth (Johnson and Pope), Alonzo W. Covington ; Fifth (Washing- ton), Robert J. Wilson; Sixth (Independence and Stone), John A. Hinkle; Seventh (Cross and Woodruff), Oliver N. Kilough ; Eighth (Yell and Logan), George R. Brown; Ninth (Saline, Hot Spring and Grant), Reuben R. Adams; Tenth (Pulaski and Perry), Albert W. Rison, James A. Gray) ; Eleventh (Jefferson), Creed Caldwell ; Twelfth (Lpnoke and Prairie), William P. Fletcher; Thirteenth (Arkansas and Monroe), Byron Price; Fourteenth (Lee and Phillips), James E. Wood; Fifteenth (Ash- ley and Chicot), Thomas E. Mears ; Sixteenth (Lincoln, Cleve- land and Dallas), Paul G. Matlock ; Seventeenth (Drew and Desha), Calvin T. Gotham; Eighteenth (Bradley and Union), Aylmar Flenniken ; Nineteenth (Calhoun and Ouachita), Thomas W. Hardy; Twentieth (Hempstead and Nevada), Thomas C. Jobe; Twenty-first (Columbia, Lafayette and Miller), Albert S. Kilgore ; Twenty-second (Little River, Sevier and Howard), Walter H. Collins; Twenty-third (Fulton, Izard and Baxter), Joseph L. Short; Twenty- fourth (Carroll and Madison), Festus ( ). Butt: Twenty-fifth (Crawford and Franklin), William W. Cotton: Twenty-sixth (Searcy, Cleburne, Van Buren and Con- way), Sam Simpson; Twenty-seventh (White and Faulkner), James M. C. \ aughter ; Twenty-eighth (Sebastian), George Sen- gel; Twenty-ninth (Poinsett, Jackson and Mississippi), John J. Mardis ; Thirtieth (Clark and Pike), Joseph C. Pinnix ; Thirty- first (Garland and Montgomery), Gibson Witt; Thirty-second (Crittenden and St. Francis), Frank Smith; Thirty-third (Scott and Polk), Hal L. Norwood; Thirty-fourth (Benton), John P. Logan. Those elected to the house were : Arkansas county, George Fred Mattmiller ; Ashley, Thomas Morgan Hooker ; Baxter, Zephaniah M. Horton ; Benton, William F. Green, Emanuel M. Funk ; Boone, J. Sam Rowland ; Bradley, John R. Gannaway ; Calhoitn, Charles L. Poole ; Carroll, C. A. Fuller ; Chicot, Harry E. Cook ; Clark, Lawrence C. Newberry, Duncan Flanagin ; Clay, Ed M. Allen; Cleburne, C. C. Tarver ; Cleveland, Euphrates Gar- rett ; Columbia, John M. Kelso, Henry Stevens ; Con way, George W. Griffin, A. C. Stover ; Craighead, William W. Gate ; Craw- ford, Park Crutcher, John T. Winn ; Crittenden, Charles Fran- cis Braden ; Cross, J. T. Patterson ; Dallas, J. Polk Scrimshire ; AND LEGISLATIVE HISTORY 153 Desha, Zenophon Overton Pindall ; Drew, Ibrey A. Bird ; Faulk- ner, Benjamin F. Witt; Franklin, William D. Rodman, William Fletcher; Fulton, William R. Chestnut; Garland, Reid Gantt, William McGuigan; Grant, John L. Butler; Greene, J. M. Futrall ; Hempstead, James W. Ellis, W. A. Briant ; Hot Spring, John W. Keith; Howard, W. H. Latimer; Independence, Ira J. Matheney, Claude Houston Hogan; Izard, A. C. Dixon; Jack- son, John H. Keel; Jefferson, Hardin K. Toney, Jesse D. Bush, Edwin J. Kerwin; Johnson, Benjamin F. Woofford; Lafayette, Tilman B. Parks ; Lawrence, James H. Mayers ; Lee, Leonidas Slaughter, James M. Hall ; Lincoln, J. C. Knox ; Little River, Aflanded D. DuLaney : Logan, Thomas B. Norfleet, Thomas Jefferson Daniel; Lonoke, A. G. Apple, Jasper N. Ferguson; Madison, James B. Harris ; Marion, George H. Perry ; Miller, L. B. Holmes; Mississippi, James K. P. Hale; Monroe, George Fleming Chapline; Montgomery, .Robert M. Reece; Nevada, Perry F. Chappie ; Newton, W. W. Moore ; Ouachita, William N. Greene; Perry, George H. White; Phillips, John I. Moore, Samuel L. Cook ; Pike, Thomas W. Roundtree ; Poinsett, F.d- mond Lytal Jacobs Jr. ; Polk, William W. Whitley ; Pope, Alex- ander M. Gibson, Edward C. Bradley; Prairie, Thomas P. Atkins ; Pulaski, Roy D. Campbell, Edward M. Marriman, John Ellis Martineau, William Burt Brooks ; Randolph, Thomas W. Campbell ; Saline, Washington C. Whitthorne ; Scott, Cheves Bevill ; Searcy, T. L. Arnold ; Sebastian, J. F. Weaver, John H. Holland, Jack Burk ; Sevier, Joseph Holman ; Sharp, Horace B. Hill; St. Francis, Frank W. DeRossitt; Stone, James Knox York ; Union, Samuel Crawford Baskin ; Van Buren, Garner Fraser; Washington, John P. Stafford, J. W. Thompson, George G. Stockard ; White, R. W. Chrisp, A. J. Bell ; Woodruff, John Dupree Eldridge; Yell, Oscar Lee Clements, John Edward Chambers. They met in regular session January 12, 1903. Joseph L. Short was elected president of the senate ; Fletcher Hurley, sec- retary. John I. Moore was speaker of the house; A. S. Hays, clerk. The session lasted until April 30, 1903. In his message Governor Davis advised against the accep- tance of a proposition to purchase what is now known as the Cummins Farm for the employment of state convicts, at a con- sideration of $140,000.00, of which already $30,000.00 had been 154 OTTLINE OF EXECUTIVE paid. He urged that steps be taken to recover the $30,000.00 and that the contract to purchase the farm be cancelled, as a scheme illegally entered into by the penitentiary officials for the pur- pose of defrauding the state. He called attention to the neces- sity for the passage of an anti-trust law ; urged the establishment of a reform school for juvenile criminal offenders, and advised a delay of two years in the construction of the new state capitol. But in spite of the governor's advice, the General Assembly took no action one way or another on the proposed purchase of the Cummins farm ; nor did the Assembly pass any anti-trust law. On. the other hand, in spite of his advice to the contrary, the General Assembly passed an Act to complete the new capitol, by creating a new board of commissioners, composed of ''five suc- cessful business men, no two of whom shall be from the same congressional district," to be elected by the two houses of the General Assembly in joint session. Other Acts of the session were : An Act declaring the first Monday in September a public holiday, known as Labor Day ; an Act ceding to the United States jurisdiction over that part of the Hot Springs reservation known as Hot Springs Moun- tain, describing the boundary lines, etc. ; appropriating v$5,000.00 for a Confederate monument; requiring street railway com- panies to provide separate seating acconrnodations for white and colored passengers ; authorizing school districts to borrow money for the erection of buildings ; appropriating $140,000.00 for addi- tional buildings at the insane asylum ; prohibiting child labor in factories, except under certain restrictions ; appropriating $50,- 000.00 for an Arkansas exhibit at the Louisiana Purchase Expo- sition to be held in St. Louis in 1904; ceding to the United States jurisdiction over the Federal jail, hospital and cemetery at Fort Smith, and authorizing the Supreme Court to grant licenses to practice to graduates of the law department of the University of Arkansas without an examination. On January 20, 1903, the two houses met in joint session for the purpose of electing a United States Senator for the term beginning March 4, 1903. James P. Clarke, James K. Jones and H. L. Remmel were nominated as candidates. On the first and only ballot Clarke received seventy-seven votes, Jones fifty, Rem- AND LEGISLATIVE HISTORY 155 mel two. Clarke, having received a majority of the votes of all those elected to both houses, was declared elected. Thirty-Fifth General Assembly- Members of the thirty-fifth General Assembly were elected September 5, 1904. The senate was composed of one Republican and thirty-four Democrats. Of those elected to the house, one was a Populist, five were Republicans and ninety-four Democrats. The members of the senate were: First District (Greene, Clay and Craighead counties), James K. Browning; Second (Randolph, Lawrence and Sharp), J. E. McCall; Third (Marion, Boone and Newton), Benjamin E. McFerrin; Fourth (Johnson and Pope), Alonzo W. Covington ; Fifth (Washington), James W. Thompson; Sixth (Independence and Stone), John A. Hin- kle; Seventh (Cross and Woodruff), Oliver N. Killough; Eighth (Yell and Logan), George E. Floyd; Ninth (Saline, Hot Spring and Grant), Reuben R. Adams; Tenth (Pulaski and Perry), James A. Gray and Albert W. Rison ; Eleventh (Jeffer- son), Hardin K. Toney; Twelfth (Lonoke and Prairie), William P. Fletcher; Thirteenth (Arkansas and Monroe), John P. Lee; Fourteenth (Lee and Phillips), John I. Moore; Fifteenth (Ash- ley and Chicot), Thomas E. Mears ; Sixteenth (Lincoln, Cleve- land and Dallas), Walter S. Amis; Seventeenth (Drew and Desha), Calvin T. Gotham; Eighteenth (Bradley and Union), William S. Goodwin; Nineteenth (Calhoun and Ouachita), Thomas W. Hardy; Twentieth (Hempstead and Nevada), Thomas C. Jobe ; Twenty-first (Columbia, Lafayette and Miller), Albert S. Kilgore ; Twenty-second (Little River, Sevier and Howard), Walter H. Collins; Twenty-third (Fulton, Izard and Baxter), Granville S. Record; Twenty-fourth (Carroll and Mad- ison), Festus O. Butt; Twenty-fifth (Crawford and Franklin), Allison T. Gross; Twenty-sixth (Searcy, Cleburne, Van Buren and Conway), Sam W. Simpson; Twenty-seventh (White and Faulkner), J. M. C. Vaughter; Twenty-eighth (Sebastian), John H. Holland; Twenty-ninth (Poinsett, Jackson and Mississippi), William F. Harrison; Thirtieth (Clark and- Pike), Joseph C. Pinnix ; Thirty-first (Garland and Montgomery), Thomas W. Milan; Thirty-second (Crittenden and St. Francis), Frank Smith; Thirty-third (Scott and Polk, George Legate; Thirty- fourth (Benton), John P. Logan. 156 OUTLINE OF EXECUTIVE Those elected to the house were : Arkansas county, William C. Bowen; Ashley, T. M. Hooker; Baxter, Z. M. Horton; Benton, William A. Anderson, William M. Keith; Boone, J. Sam Row- land; Bradley, John R. Wilson; Calhoun, William A. Craven; Carroll, Claude A. Fuller; Chicot, Harry E. Cook; Clark, Rufus G. McDaniel, Edgar R. Arnold ; Clay, Robt. G. Dudley ; Cleburne. C. C. Tarver ; Cleveland, Euphrates Garrett ; Columbia, Joseph F. Magale, John W. Fields ; Conway, Gustave F. Clerget, William E. Burns; Craighead, William W. Cate; Crawford, John T. Winn, General U. G. Bolton ; Crittenden, S. O. Boone ; Cross, J. T. Patterson ; Dallas, James S. Peterson ; Desha, X. O. Pin- dall ; Drew, D. E. Barker ; Faulkner, Frank Witt ; Franklin, William Fletcher, Elmore E. Morrell; Fulton, Joseph G. Springer; Garland, James M. Anderson, Reid Gantt ; Grand, Robert W. Glover; Grene, James W. Seay; Hempstead, R. E. Simpson, James H. McCollum; Hot Spring, John C. Ross; How- ard, James M. Jackson ; Independence, Dene H. Coleman, Thomas J. Raney; Izard, Thomas J. Ashley; Jackson, John H. Keel ; Jefferson, Sterling A. Miller, Alexander H. Rowell, Sid- ney J. Hunt ; Johnson, August M. \Vard ; Lafayette, Allen H. Hamiter ; Lawrence, Orto Finley ; Lee, John P. Farrar, James M. Hall; Lincoln, H. D. Avery; Little River, A. D. DuLaney; Logan, James A. Jarrard, John H. White ; Lonoke, Selwyn Smith, Neill S. Moore; Madison, A. F. Duncan; Marion, Joseph W. Black; Miller, L. B. Holmes; Mississippi, James T. Las- ley ; Monroe, George F. Chapline ; Montgomery, J. N. Wasson ; Nevada, Crawford B. Andrews; Newton, T. J. Shinn ; Ouachita, William N. Greene ; Perry, James T. Wilson ; Phillips, Jima- son M. Jackson ; George W. Yancy ; Pike, William N. Thomp- son ; Poinsett, Marion W. Hazel; Polk, William W. Whitley ; Pope, Uratus L. Meade, Ivison C. Burgess ; Prairie, A. S. Rein- gardt; Pulaski, William B. Brooks, John E. Martineau, Samuel H. Nowlin, Frank H. Dodge ; Randolph, Horace E. Ruff ; Saline, James S. Abercrombie; Scott, John M. Hough; Searcy, William A. Perry; Sebastian, William A. Black, Herbert M. Beck, Jack Burke; Sevier, Benjamin E. Isbell ; Sharp, Edward B. Andrews; St. Francis, Frank W. DeRossitt ; Stone, William W. Edmond- son ; Union, Samuel C. Baskin ; Van Buren, W. B. Payne ; Wash- ington, George A. Hurst, James H. Mason, Whit E. Simpson ; White, Hugh C. Jones, John R. Linder ; Woodruff, John D. Eldridge ; Yell, Oscar L. Clement, J. E. Chambers. AND LEGISLATIVE HISTORY 157 They met in regular session, January 9, 1905. Alonzo W. Covington was elected president of the senate; Allen Winham, secretary. William W. Cole was speaker of the house ; Thomas W. Campbell, clerk. The session lasted until May 4, 1905. The principal Acts of the session were : An Act to provide for the observation of January 19th Gen. Robert E. Lee's birthday in the public schools of the state; an Act to extend the west- ern boundary of the state, in accordance with an Act of Con- gress, to include certain territory formerly belonging to the Indian Territory; to appropriate $15,000.00 for an annex to the Confederate Soldiers' Home ; to establish a reform school ; to create the Arkansas History Commission; an Act authorizing the city council of North Little Rock to change the name by ordinance. 158 OUTLINE OF EXECUTIVE JOHN SEBASTIAN LITTLE GOVERNOR, JANUARY 18, 1907 FEBRUARY 11, 1907 John Sebastian Little, twenty-first governor of the State of Arkansas, was born in the little village of Jenny Lind, Sebastian county, Arkansas, March 15, 1851, a son of Jesse and Mary E. (Tatitm) Little. His early education was acquired in the com- mon schools, after which he studied for a time at Cane Hill College, but did not graduate.. He then taught school for three terms, studying law during his vacations in the office of C. B. Neal. In 1871 he was admitted to the bar at Greenwood, in Sebas- tion county. The next year he located at Paris, Logan county, where he was engaged in general practice until elected prose- cuting attorney in May, 1877. He was re-elected in 1878, 1880, and 1882. Returning to Sebastian county he was elected to the General Assembly in 1884. Two years later he was elected judge of the Twelfth Circuit for a term of four years. At the expiration of thai: term he resumed the practice of law. In 1894 he was elected to Congress to fill the unexpired term of Clifton R. Breckenridge. He was re-elected to Congress at each succeeding biennial election until 1904, and in 1906 he was elected governor. Soon after his inauguration he suffered a nervous collapse which rendered him incapable of attending to his official duties. On January 21, 1907, only three days after his inauguration, the house of representatives adopted the following resolution : "WHEREAS : It has come to the knowledge of this house that Hon. John S. Little, governor of this state, was stricken with heart failure this morning; and "WHEREAS: It is reported that he is this afternoon danger- ously ill at his home in this city ; be it "Resolved, That this house hears with deep regret these facts and tenders the chief executive and his family the heartfelt sym- pathy of its members.." Later during the session a bill was passed to pay the gov- ernor his salary during his illness and absence from the state, and that "a sufficient sum of money be, and is hereby, appro- AND LEGISLATIVE HISTORY 159 priated out of the treasury of the state not otherwise appro- priated for the purpose of carrying into effect the provisions of this act." On February 11, 1907, Governor Little wrote to John I, Moore, president of the senate, asking him to assume the duties of acting governor. Thus, from February 11 until the adjourn- ment of the General Assembly on May 14, 1907, Moore served as acting governor. just before the General Assembly adjourned, X. O. Pindall was elected president pro tempore of the senate. Accordingly, on May 15, 1907, he became acting governor and served until January 11, 1909, when Jesse M. Martin, of Pope county, was elected president of the senate, and thereby became acting gov- ernor until the inauguration of Governor George W. Donaghey, three days later. Late in July, 1908, Governor Little was taken to a sanitarium at St. Joseph, Missouri, for treatment. There he made a slight improvement and after a few months was brought back to his home. His recovery was not complete, however, and he was finally taken to the Arkansas Hospital for Nervous Diseases, where his death occurred on October 29, 1916, In January, 1877, he was married to Miss Elizabeth J., daughter of Pleasant and Elizabeth Irwin, of Logan county, who, with three sons and two daughters, survived him. These chil- dred were: Paul, Thomas E., Jesse E., Mrs. H. B. Patterson and Mrs. M. W. Wallace. Thirty-Sixth General Assembly- Members of the thirty-sixth General Assembly were elected September 3, 1906. The thirty-five senators, except for one Republican, were all Democrats. In the house there were four Republicans and ninety-six Democrats. The members of the senate were: First District (Greene, Clay and Craighead counties), James K. Browning; Second (Randolph, Lawrence and Sharp), James E. McCall ; Third (Marion, Boone and Newton), Sam Rowland; Fourth (Johnson and Pope), Jesse M. Martin; Fifth (Washington), James W. Thompson; Sixth (Independence and Stone), William W. 160 OUTLINE OF EXECUTIVE Edmondson; Seventh (Cross arid Woodruff), Marshall H. Pat- terson; Eighth (Yel! and Logan), George E. Floyd; Ninth (Saline, Hot Spring and Grant), Reuben R. Adams; Tenth (Pulaski and Perry), John H. Hamiter and Kie Oldham ; Eleventh (Jefferson), H. K. Toney; Twelfth (Lonoke and Prairie), Alexander Yopp ; Thirteenth (Arkansas and Monroe), John P. Lee; Fourteenth (Lee and Phillips), John I. Moore; Fifteenth (Ashley and Chicot), John G. B. Sims; Sixteenth (Lincoln, Cleveland and Dallas), Walter S. Amis; Seventeenth (Drew and Desha), Howard Robb ; Eighteenth (Bradley and L T nion), William S. Goodwin; Nineteenth (Calhoun and Ouachita), William F. McKnight ; Twentieth (Hempstead and Nevada), Henry B. McKenzie ; Twenty-first (Columbia, Lafayette and Miller), R. Lee Montgomery; Twenty-second (Little River, Sevier and Howard), Otis Wingo ; Twenty-third (Fulton, Izard and Baxter), Granville S. Rector; Twenty- fourth (Carroll and Madison), Nelson J. Carlock; Twenty-fifth (Crawford and Franklin), Allison T. Cross; Twenty-sixth (Searcy, Cleburne, Van Buren and Conway), Frank P. Green- haw; Twenty-seventh (White and Faulkner), Charles E. Bush; Twenty-eighth (Sebastian), John H. Holland; Twenty-ninth (Poinsett, Jackson and Mississippi), William F. Harrison; Thirtieth (Clark and Pike), Edgar R. Arnold; Thirty-first (Garland and Montgomery), Thomas W. Milan; Thirty-second (Crittenden and St. Francis), Frank W. DeRossitt ; Thirty-third (Scott and Polk), George Legate; Thirty-fourth (Benton), Richard L. Nance. Those elected to the house were: Arkansas county, H. Cole- man ; Ashley, W. A. Roby ; Baxter, Ed D. Smothers ; Benton, Dick Rice. Dewitt C. Shannon; Boone, Walker J. Watkins; Bradley, Charles L. Hoyle ; Calhoun, William A. Craven ; Car- roll, J. W. Powner; Chicot, Charles W. Saunders ; Clark, R. F. McDaniel, Dick Davis; Clay, John H. Hill; Cleburne, A. G. Morris; Cleveland, Robert F. Foster; Columbia, A. J. Thomas, Henry Stevens; Conway, Albert F. Welch, Algernon W. Mc- Cracken ; Craighead, Joseph H. Bishop ; Crawford, Silas W. Haley, U. G. Bolton; Crittenden, S..A. Martin; Cross, O. N. Killough ; Dallas, James P. Scrimshire ; Desha, John W. Davis ; Drew, D. E. Barker ; Faulkner, Thomas J. Buillion ; Franklin, John J. Partain, William Fletcher ; Fulton, Gardner Skaggs ; AND LEGISLATIVE HISTORY 161 Garland, Richard T. Quinn, James M. Anderson; Grant, Rob- ert W. Glover; Greene, James W. Seay; Hempstead, James H. McCollum, Lewis F. Monroe ; Hot Spring, John C. Ross ; How- ard, James M. Jackson ; Independence, Samuel A. Moore, W. M. Thompson; Izard, James D. Lackey; Jackson, James U. Ard ; Jefferson, Alexander H. Rowell, Sidney J. Hunt, William B. Pinney ; Johnson, Thomas W. Kendall ; Lafayette, Allen H. Hamiter: Lawrence, Orto Finley ; Lee, William R. Haynie, Frank O. Love ; Lincoln, C. A. Newton ; Little River, A. D. Dulaney; Logan, John H. White, Henry B. Walker; Lonoke, William K. Oldham, James B. Reed ; Madison, John S. Combs ; Marion, Joseph W. Black ; Miller, William B. Owen ; Missis- sippi. J. T. Lasley; Monroe, S. B. Sawyer; Montgomery, Jerry Witt; Nevada, John W. Whaley; Newton, J. Frank Carlton; Ouachita, Archie Hamilton; Perry, James T. Wilson; Phillips, Robert W. Nicholls, Nat G. Turner; Pike, C. A. Kizzia; Poin- sett, Marion W. Hazel; Polk, John H. Hamilton; Pope, U. L. Meade, James D. Hogan ; Prairie, Abel S. Reinhardt ; Pulaski, L. B. Leigh, George B. Pngh, Rufus W. Balch, William M. Moore; Randolph, Horace E. Ruff; Saline, James S. Aber- crombie; Scott, William F. Faulkner; Searcy, Shem E. Halla- baugh ; Sebastian, William A. Black, Herbert M. Beck, Willie B. \V. Lleartsill ; Sevier, Thomas J. Jones; Sharp, E. D. An- drews ; St. Francis, J. W. Moore ; Stone, John W. Webb ; Union, William M. Van Hook; Van Buren, Jesse F. Koone; Washington, Whit E. Simpson, George W. Morrow, James B.. Mays; \Vhite, William A. Hodges, Willis J. Walls; Woodruff, Elmo Carl Lee; Yell, A. C. Martin, Thomas B. Hancok. They met in regular session January 14, 1907. John I. Moore was elected president of the senate : George Trevathan, secretary. Allen H. Hamiter was speaker of the house; Edward L. Lucas, clerk. The session lasted until May 14, 1907. Four hundred and sixty Acts were passed by this General Assembly, many of them providing for the establishment of railroad stations and building depots at various places. An employers' liability Act was passed; the sum of $3,000.00 was appropriated to supply artificial limbs for ex-Confederate sol- diers ; the powers of the railroad commission were enlarged ; the time of holding the state election was changed to the sec- ond Monday in September, beginning in 1908; January 19th, 162 OUTLINE OF EXECUTIVE the anniversary of the birth of General Robert E. Lee, was declared a legal holiday ; the salary of the governor was in- creased to $3,000.00 per annum. An Act was passed to prevent betting on horse races, and one to prohibit dealing in futures on agricultural products. AND LEGISLATIVE HISTORY 163 GEORGE W. DONAGHEY GOVERNOR, JANUARY 14, 1909 JANUARY 16, 1913 George W. Donaghey, twenty-second governor of the State of Arkansas, was born at Oakland, Louisiana, July 1, 1856. While he was still in his infancy his parents removed to Union county, Arkansas, and in 1874 to Faulkner county, where they passed the remainder of their lives. George W. left home when he was about sixteen years of age and went on work on a farm in Texas for $12.50 a month and his board. He also worked as a section hand on a rail- road and ''punched cattle" as a cowboy. While thus engaged he managed to obtain a practical education by attending the common schools as opportunity offered, and later he was a student for some time at the University of Arkansas, but took no degree. In 1874, when his parents removed to Faulkner county, he went to Conway, where he began learning the trade of carpen- ter. While serving his apprenticeship he studied architecture and structural engineering, becoming proficient in both. In course of time he became a contractor and erected a number of buildings in Arkansas, Louisiana, Oklahoma and Texas, among which may be mentioned the court house at Fayetteville and six of the buildings of the University of Arkansas. His activities as a contractor led him into general construction work. He was one of the principal contractors in the building of the Choctaw, Oklahoma & Gulf Railroad (now a part of the Rock Island System) ; the Midland Valley Railroad from Oklahoma into Kansas, and the Hot Springs branch of the Chicago, Rock Island & Pacific, between Benton and Hot Springs. In his early manhood Donaghey became actively identified with the Democratic party and held several local offices. He was the nominee of his party for governor in 1908 and was elected by more than fifty thousand majority. At that time the new state ca-pitol was under construction. His experience as a builder enabled him to see where important changes were necessary in order to improve the appearance and general utility of the edifice. In seeking the office he announced it as the chief aim of his administration, if elected, to finish the capitol. And much credit is due him for effecting that purpose 164 OUTLINE OF EXECUTIVE in an economical and highly creditable manner. In 1910 he was re-elected governor and served a second term of two years. Largely through his influence, Hendrix College, the Central Baptist College and the State Normal School were located at Con way, making that town one of the leading educational cen- ters of Arkansas. Since his retirement from the office of gov- ernod in January, 1913, he has maintained his interest in Hen- drix College and has used his 'influence to promote the welfare of that institution. Although he has done some contracting since 1913, his principal occupation has been looking after his banking connections. He took an active part in securing the location of Camp Pike near Little Rock during the World War and in the movement to secure the new bridges over the Arkansas river at Little Rock. For some time he was a mem- ber of the state board of charities and corrections, and in 1921 Governor McRae appointed him as a member of the board of control. On September 20, 1883, in Lonoke county, Governor Don- aghey was married to Miss Louvinia Wallace, a native of South Carolina, whose parents, James and Eunice Wallace, settled in Lonoke county when" she was a child. Thirty-Seventh General Assembly Members of the thirty-seventh General Assembly were elected September 14, 1908. The senators were all Democrats. There were two Republicans elected to the house. The members of the senate were: First District (Greene, Clay and Craighead counties), Arthur Turner; Second (Ran- dolph, Lawrence and Sharp), C. H. Henderson; Third (Marion, Boone and Newton), Sam Rowland; Fourth (Johnson and Pope), Jesse M. Martin; Fifth (Washington), J. S. Dill; Sixth (Independence and Stone), William W. Edmondson; Seventh (Cross and Woodruff), Marshall H. Patterson; Eighth (Yell and Logan), John White; Ninth (Saline, Hot Spring and Grant), R. W. Glover; Tenth (Pulaski and Perry), John H. Hamiter and Kie Oldham ; Eleventh (Jefferson), H. K. Toney ; Twelfth (Lonoke and Prairie), Alexander Yopp; Thirteenth (Arkansas and Monroe), R. D. Rascoe ; Fourteenth (Lee and Phillips), James Robertson; Fifteenth (Ashley and Chicot), AND LEGISLATIVE HISTORY 165 J. G. B. Simms; Sixteenth (Lincoln, Cleveland and Dallas), Arthur J. Johnson; Seventeenth (Drew and Desha), X. O. Pindall; Eighteenth (Bradley and Union), John H. Green; Nineteenth (Calhoun-and Ouachita), William F. McKnight ; Twentieth (Hempstead and Nevada), Henry B. McKenzie ; Twenty-first (Columbia, Lafayette and Miller), R. Lee Mont- gomery; Twenty-second (Little River, Sevier and Howard), Otis Wingo; Twenty-third (Fulton, Izard and Baxter), J. A. Watson; Twenty- fourth (Carroll and Madison), Nelson J. Car- lock; Twenty-fifth (Crawford and Franklin), WilHam Fletcher; Twenty-sixth (Searcy, Cleburne, Van Buren and Conway), Frank B. Greenhaw; Twenty-seventh (White and Faulkner), Charles E. Bush; Twenty-eighth (Sebastian), John H. Holland; Twenty-ninth ( Poinsett, Jackson and Mississippi), John H. Keel; Thirtieth (Clark and Pike), Edgard R. Arnold; Thirty-first (Garland and Montgomery), O. H. Sumpter; Thirty-second (Critt'enden and St. Francis), Frank W. DeRos- sitt; Thirty-third (Scott and Polk), John P. Logan; Thirty- fourth (Benton), Robert L. Nance. Those elected to the house were : Arkansas county, Louis Buerkle ; Ashley, Monroe Smith ; Baxter, E. D. Smothers ; Ben- ton, F. M. Seamster, W. T. Gann; Boone, B. M. Estes; Brad- ley, W. D. Bradham; Calhoun, W. W. Yeager; Carroll, R. S. Granger; Chicot, H. F. Holt; Clark, M. Roundtree; M. T. Shackelford; Clay, J. T. Campbell; Cleburne, A. G. Morris; Cleveland, George F. Brown ; Columbia, Bonnie Davis, R. S. Warnock ; Conway, A. W. McCracken, G. F. Clerget ; Craig- head, N. J. Thompson; Crawford, H. L. Snider, Leonard Dyer; Crittenden, A. B. Shafer; Cross, I. H. Faulkner; Dallas, E. D. Nix ; Desha, J. W. Davis ; Drew, R. L. Collins ; Faulkner, J. A. Batson ; Franklin, L. O. Fisher, E. W. Hogan ; Fulton, J. D. Oliphant; Garland, W. G. Bouie, George P. Whittington; Grant, T. E. Toler ; Greene, J. A. Thompson ; Hempstead, L. F. Mon- roe, J. T. M. Holt; Hot Spring, D. D. Glover; Howard, Thomas A. Floyd; Independence, \V. M. Thompson, J. L. Brown; Izard, R. D. Harris ; Jackson, J. U. Ard ; Jefferson, S. A. Miller, T. C. White, D. E. Tucker; Johnson, T. W. Kendall; Lafayette, T, B. Parks ; Lawrence, J. J. Bellamy Lee, W. L. Scruggs, S. B. Rus- sell ; Lincoln, N. B. Kersh ; Little River, A. D. DuLaney ; Logan, R. L. Brawner, D. E. Johnson; Lonoke, W. J. Bogard, 166 OUTLINE OF EXECUTIVE C. P. Newton; Madison, J. S. Combs; Marion, W. H. Hud- son; Miller, W. B. Owens; Mississippi, A. G. Little; Monroe, S. D. Sawyer; Montgomery, Jerry Witt; Nevada, J. W. Wha- ley; Newton, J. F. Carlton ; Ouachita, Archie Hamilton; Perry, Robert A. Neale; Phillips, J. M. Jackson, E. H. Ross; Pike, W. N. Beaton; Poinsett, J. E. Clanton; Polk, John H. Ham- ilton; Pope, H. F. Spillers, M. L. Ellis; Prairie, F. E. Brown; Pulaski, Oscar Winn, L. B. Leigh, M. E. Dunaway, G. F. Jones; Randolph, A. M. Doss; Saline, A. B. Shockley; Scott, S. W. Simpson; Searcy, F. G. -Hollabaugh ; Sebastian, P. E. Rowe, W. B. W. Heartsill, John W. Tyler; Sevier, T. J. Jones; Sharp, J. M. Street; St. Francis, Samuel Emory Sweet; Stone, W. W. Cartwright ; Union, W. E. Lacy; Van Buren, G. W. Hatched; Washington, G. A. Hurst, W. E. Williams. Jesse Guilliams ; White, W. A. Hodges, J. W. Simmons ; Woodruff, E. M. CarlLee ; Yell, A. C. Martin, T. B. Hancock. They met in regular session January 11, 1909. Jesse M. Martin was elected president of the senate; George Trevathan, secretary. F. E. Brown was speaker of the house ; J. B. Hig- gins, clerk. The session lasted until May 2, 1909. In his inaugural address. Governor Donaghey gave utterance to a sentiment which characterized the whole course of his administration. Said he: "In my past life of work, my prac- tice has been to do the things I had to do with whatever I had to do them with. By personal experience I have often found tlie rejected stone the best material. Of my own knowledge, I know that he who continually quarrels with his tools is a poor workman. I have seen men with sense and energy literally move mountains. All these things came to me in a practical way ; and having seen what efficiency can accom- plish in industrial and business affairs, I am now prepared to believe that even so important a work as statecraft is only an intensely practical matter." In his efforts to revise the plans, correct defects of construction and finish the new state capitol, his conduct squared with the principles which he thus pro- claimed. , Of the general Acts passed at this session the most im- portant were : To create the Arkansas Tax Commission and define its powers and duties ; to grant greater powers to cities of the first class in the matter of public improvements ; to AND LEGISLATIVE HISTORY 167 suppress night-riding, destruction of property or intimidation of persons by unlawful conspiracies; to extend the jurisdiction of the railroad commissioners ; to establish and maintain public schools of agriculture ; to regulate primary elections and pro- vide penalties for violation of the primary law ; to change the name of the Lunatic Asylum to the State Hospital for Nervous Diseases ; to establish a tuberculosis sanitarium, appropriating $50,000.00 for buildings and $30,000.00 for maintenance; to create the Vicksburg Military Park Commission to locate and mark the location of Arkansas commands at the siege of Vicks- burg; to define the duties of the Arkansas History Commission and provide for quarters in the state capitol. An appropriation of $6,250.00 was made to pay the notes and interest due W. B. Worthen & Company for money .advanced to pay the salary of Acting Governor Pindall, and two constitutional amendments were submitted to the people, to be voted on at the state election in 1910. The first of these amendments provided for the initiative and referendum, and the second authorized the exemption of cotton factories from tax- ation for a period of seven years. Thirty-Eighth General Assembly Members of the thirty-eighth General Assembly were elected September 12, 1910. The senators were all Democrats. There were five Republicans in the house. The members of the senate were: First District (Greene, Clay and Craighead), Thomas A. Turner; Second (Randolph, Lawrence and Sharp), C. H. Henderson; Third (Marion, Boone and Newton), George L. Christian; Fourth (Johnson and Polk), A. Webb Covington ; Fifth (Washington), Joseph S. Dill; Sixth (Independence and Stone), T. J. Raney ; Seventh (Cross and Woodruff), Elmo Carl Lee; Eighth (Yell and Logan), John H. White; Ninth (Saline, Hot Spring and Grant), Robert W. Glover; Tenth (Pulaski and Perry), Charles Jacobson and Lee Miles; Eleventh (Jefferson), H. K. Toney ; Twelfth (Lonoke and Prairie), William K. Oldham ; Thir- teenth (Arkansas and Monroe), Roy D. Rasco ; Fourteenth (Lee and Phillips), James T. ' Robertson ; Fifteenth (Ashley and Chicot), James R. Wood; Sixteenth (Lincoln, Cleveland 168 OUTLINE OF EXECUTIVE and Dallas), A. J. Johnson; Seventeenth (Drew and Desha), Joseph F. Hughes; Eighteenth (Bradley and Union), John H. Green; Nineteenth (Calhoun and Ouachita), Samuel L .Owens; Twentieth (Hempstead and Nevada), James T. M. Holt; Twenty-first (Columbia, Lafayette and Miller), E. F. Friedell ; Twenty-second (Little River, Sevier and Howard), William C. Rodgers; Twenty-third (Fulton, Izard and Baxter), James A. Watson; Twenty-fourth (Carroll and Madison), William R. Phillips; Twenty-fifth (Crawford and Franklin), William Fletcher; Twenty-sixth (Conway, Cleburne, Van Buren and Searcy), G. F. Clerget; Twenty-seventh (Faulkner and White), A. C. Martin; Twenty-eighth (Sebastian), John H. Holland; Twenty-ninth (Poinsett, Jackson and Mississippi), John H. Keel; Thirtieth (Clark and Pike), William N. Deaton ; Thirty- first (Garland and Montgomery), Hamp Williams; Thirty- second (Crittenden and St. Francis), J. M. McBee ; Thirty-third (Scott and Polk), John P. Logan; Thirty-fourth (Benton), P. A. Rodgers. Those elected to the house were: Arkansas county, Louis Buerkle; Ashley, A. D. Conel Baxter, T. H. Hensley ; Benton, William Marion Keith and William Allen Anderson ; Boone, M. O. Penix; Bradley, D. A. Bradham; Calhoun, A. C. Kel- logg; Carroll, A. J. Russell; Chicot, Luther A. Buckner ; Clark, Joseph Hardage and Stephen P. Meador; Clay, John T. Camp- bell; Cleburne, Charles W. Martin; Cleveland, George F. Brown; Columbia, R. S. Warnock and Bonnie Davis; Conway, C. L. Farish and John G. Griswood ; Craighead, William D. Self; Crawford, George W. Wagner, W. H. Smith; Crittenden, Wilsie W. Swepston; Cross, I. H. Faulkner; Dallas, James P. Scrimshire ; Desha, L Norman Moore; Drew, D. E. Barker; Faulkner, William W. Martin ; Franklin, John J. Partain, John H. Mansfield ; Fulton, Dunk Brown ; Garland, Leo P. McLaugh- lin, George P. Whittington ; Grant, Thomas E. Toler ; Greene, Joe A. Thompson ; Hempstead, William Irvin Stokes, Noble R. Lewis ; Hot Spring, David A. Glover ; Howard, Thomas A. Floyd; Independence, George J. Lindsey, William D. Baker; Izard, James D. Lackey; Jackson, George L. Grant; Jefferson, Edwin J. Kerwin, William B. Pinney, Chester D. McCallister; Johnson, Heartsill H. Ragon ; Lafayette, Wesley M. Davis; Lawrence, James J. Bellamy; Lee, Garland S. Brickey, Isaac N. AND LEGISLATIVE HISTORY 169 Vail ; Lincoln, Napoleon B. Karsh ; Little River, William B. Boggs ; Logan, John M. Williams, William Nunn ; Lonoke, Clarence P. Newton, George W. Clarke; Madison, George W. R. Keck ; Marion, Elmer Owens ; Miller, John T. Sims ; Missis- sippi, A. G. Little; Monroe, R. F. Milwee; Montgomery, C. T. Cockburn; Nevada, William N. Munn; Newton, Ben E. Mc- Ferrin; Ouachita, Charles J. Parker; Perry, Robert A. Neale ; Phillips, Jamison M Jackson, Peter A. Deisch ; Pike, George W. Clingham ; Poinsett, Clyde Going ; Polk, William Minon Pip- kin ; Pope, R. E. L. DuVall, Francis M. Hudson, Jr. ; Prairie, Charles B. Thweatt; Pulaski, George F. Jones, Abner McGehee, Jr., William R. Barrow and William C. Faucette ; Randolph, W. A. Jackson ; Saline, James G. Rice ; Scott, Thomas T. Payne ; Searcy, Albert Garrison ; Sebastian, William A. Black, Claude C. Calvert and Thomas P. Yadon; Sevier, Wiley M. Bourns; Sharp, Walter H. Holt; St. Francis, Henry B. Lewis; Stone, Albert S. Ward; Union, William E. Lacy; Van Buren, George W. Hatchett; Washington, George A. Hurst, John Edward Jones, Ben C. Ballard ; White, John T. Walker, Robert C. Clark; Woodruff, Ed Roddy; Yell, Alex A .Scott, W. H. McCall. They met in regular session January 9, 1911. H. K. Toney was elected president of the senate; George H. Trevathan, sec- retary. R. F. Milwee was speaker of the house; J. B. Hig- gins, clerk. The session lasted until May 13, 1911. The most important of the general Acts passed at this ses- sion were: "To create a state department of health, consist- ing of a commissioner and an advisory board of seven mem- bers one from each congressional district; to amend the pri- mary election law relative to the selection of judges and clerks, and to make provisions for contesting any election; to create the capitol art commission, composed of the governor and four citizens appointed by him, to have charge of the decoration of the building and grounds; to tax the franchises of corporations doing business in Arkansas ; to appropriate $20,000.00 for a new laundry at the Deaf Mute Institute; to establish juvenile courts in the several counties of the state; to declare general election days, June 3rd (Jefferson Davis's birthday), and Octo- ber 1.2th (Columbus Day), legal holidays; to provide for the registration of motor vehicles, the owner to pay a registration 170 OUTLINE OF EXECUTIVE fee of $5.00; to regulate the assessment of railroads, express, sleeping car, telegraph and telephone companies ; to create a state high school board, to provide aid for high schools ; to appropriate $2,000.00 for the manufacture and distribution of hog cholera serum. The General Asembly having adjourned without revising the revenue laws, as recommended by the governor, and having failed also to make the necessary appropriations for the various departments of state government and the charitable institutions, in accordance with the governor's views, Governor Donaghey called a special session, which began May 22, 1911, and lasted until June 10. 1911. A ne\v revenue law, the so-called Turner- Jacobson bill, of 128 sections, was passed; $30,000.00 was appro- priated to pay the expense of transferring the Supreme Court and the state treasurer's office to the new State Capitol ; pro- vision was made for carrying into effect the initiative and ref- erendum amendment to the constitution, but the Assembly failed to make any changes in the general appropriations made at the regular session. AND LEGISLATIVE HISTORY 171 JOSEPH TAYLOR ROBINSON GOVERNOR, JANUARY 16, 1913 MARCH 8, 1913 Joseph Taylor Robinson, twenty-third governor of the State of Arkansas, was born on a farm in Lonoke county, August 26, 1872. His father, Dr. James Robinson, was born and edu- cated in the State of New York; married Miss Matilda J. Swain, a native of Maury county, Tennessee. In 1844 Dr. Robinson became one of the pioneer settlers in what is now Lonoke county, Arkansas. He was known far and wide as a skillful physician and, in addition to the practice of his pro- fession, he owned and managed a plantation about six miles southwest of the town of Lonoke. His death ocurred in 1893 and his widow died in 1899. Joseph T. Robinson was educated in the common schools and at the University of Arkansas. He then entered the law- department of the University of Virginia, where he completed his legal studies, and in September, 1895, was admitted to the bar at Lonoke. In September, 1894, a year before his admit- tance to the practice, of law, he was elected as one of the rep- resentatives from Lonoke county to the General Assembly. He was one of the Democratic presidential electors in 1900; was selected as the messenger to carry the electoral vote of Arkan- sas to Washington. Two years later he was elected to repre- sent the Sixth District in Congress. He was re-elected at each succeeding biennial until 1910. In 1912 he was nominated by his party for governor and was elected. On January 14, 1913, he resigned his seat in Con- gress, was inaugurated governor on the 16th, was elected United States Senator on the 28th, but continued to hold the governor's office until March 8, 1913, when he sent to W. .K. Oldham, president of the senate, his resignation "to take effect at once." He left immediately for Washington, D. C., and on March 10, 1913, took his seat in the United States Senate. At the state election in November, 1918, he was elected for a second term, beginning on March 4, 1919, and expiring on March 4, 1925. When Governor Robinson resigned, W. K. Oldham, by vir- tue of his office as president of the senate, became acting gov- ernor. On March 10, 1913, three days before the adjourn- 172 OUTLINE OF EXECUTIVE meat of the session, J. M. Futrell was elected president pro tempore, in order that there should not be a vacancy in the office of governor. Oldham and his friends contended that he was entitled to continue as acting governor, because Governor Robinson had resigned before the end of the legislative session in order that Oldham might continue in the office. Supported by the opinion of the attorney-general, Oldham remained in possession of the executive offices in the capitol. But when the General Assembly adjourned on March 13, 1913, Futrell estab- lished himself as governor in another room in the building, and for a time Arkansas had two chief executives. The question was thereupon referred to the Supreme Court, both agreeing to abide by the decision and to perform no official acts of importance until the decision was rendered. Accordingly, on March 27, 1913, the Supreme Court handed down an opinion that Futrell, as president pro tempore of the senate, was the lawful acting governor, and Mr. Oldham surrendered to him the executive quarters. Senator Robinson is a thirty-second degree Mason and is also a member of other fraternal and social orders. On Decem- ber 15, 1896, he was united in marriage to Miss Ewilda Ger- trude Miller, who father, Jesse Miller, was formerly one of the leading merchants of Lonoke. Thirty-Ninth General Assembly- Members of the thirty-ninth General Assembly were elected September 9, 1912. The senate was composed of one Proges- sive Republican and Thirty-four Democrats. .There were four Republicans in the house and ninety-six Democrats. The members of the senate were: First District (Greene, Clay and Craighead counties), James Marion Futrell; Second (Randloph, Lawrence and Sharp), G. B. Ferguson; Third (Marion, Boone and Newton), George L. Christian; Fourth (Johnson and Pope), Webb Covington ; Fifth (Washington), B. H. Greathouse ; Sixth (Independence and Stone), Thomas J. Raney ; Seventh (Cross and W'oodruff), E. M. Carl Lee; Eighth (Yell and Logan), W. H. McCall; Ninth (Grant, Saline and Hot Spring), Thomas E. Toler; Tenth (Pulaski and Perry), Lee Miles, Charles Jacobson ; Eleventh (Jefferson), AND LEGISLATIVE HISTORY 173 Thomas C. White; Twelfth (Lonoke and Prairie), William K. Oldham ; Thirteenth (Arkansas and Monroe), Harry C. Harris; Fourteenth (Phillips and Lee), John I. Moore; Fifteenth (Ash- ley and Chicot), James R. Woods; Sixteenth (Dallas, Cleve- land and Lincoln), Edgar V. Overman; Seventeenth (Drew and Ashley), J. F. Hughes; Eighteenth (Union and Bradley), J. M. Smith; Nineteenth (Ouachita and Calhoun), Samuel L. Owens; Twentieth (Hempstead and Nevada), James T. M. Holt: Twenty-first (Columbia, Lafayette and Miller), E. F. Friedell ; Twenty-second (Little River, Sevier and Howard), W. C. Rodgers; Twenty-third (Izard, Fulton and Baxter), John C. Ashley; Twenty-fourth (Carroll and Madison), W. R. Phil- lips; Twenty-fifth (Crawford and Franklin), George Washing- ton Wagner; Twenty-sixth (Conway, Cleburne, Searcy and Van Buren), Gustave F. Clerget ; Twenty-seventh (Faulkner and White), A. C. Martin; Twenty-eighth (Sebastian), C. C. Cal- vert ; Twenty-ninth (Poinsett, Jackson and Mississippi), L. Clyde Going; Thirtieth (Clark and Pike), W. N. Deaton; Thirty-first Garland and Montgomery), J. N. Wasson; Thirty- second (Crittenden and St.- Francis), J. M. McBee; Thirty- third (Scott and Polk), Elmer J. Lundy; Thirty-fourth (Ben- ton), P. A. Rodgers Those elected to the house were: Arkansas, T. K. Bennett; Ashley, A. D. Cone ; Baxter, Jackson V. Thrasher ; Benton, J. M. Beard, William T. Maxwell; Boone, J. L. Shouse; Bradley, A. V. Smith ; Calhoun, William A. Craven ; Carroll, John C. Stafford ; Chicot, L. A. Buckner ; Clark, Joe Hardage, Marion T. Shackelford; Clay, John W. Brawner; Cleburne, John W. Davis ; Cleveland, Sam P. O'Neill ; Columbia, Bonnie Davis, Henry Stevens ; Conway, John W. Rainbolt, Carroll Armstrong ; Craighead," William D. Self; Crawford, J. J. Dippboye, W. H. Smith ; Crittenden, William L. Fish ; Cross, Joseph W. Williams; Dallas, Joseph Daniel Knight; Desha, John H. Wal- lace; Drew, Carl F. Hudspeth ; Faulkner, George M. Connell ;' Franklin, James T. Tolleson, George A. Henry ; Fulton, William W. Gibson ; Garland, L. W r . Sawyer, Harry M. Westcott ; Grant, R. R. Posey ; Greene, Marion F. Dickinson ; Hempstead, Thomas C. Jobe, James W. Ellis; Hot Spring, Joel C. Belote ; Howard," J. Guthrie Sain; Independence, A. G. Gray, William J. Cald- well; Izard, William W. Copeland; Jackson, George L. Grant; 174 OUTLINE OF EXECUTIVE Jefferson, Sterling A. Miller, Thomas A. Wilson, William N. Bridges; Johnson, Heartsill H. Ragon ; Lafayette, W. M. Davis; Lawrence, Jefferson D. Doyle; Lee, Robert M. Hays, William F. Nelson; Lincoln, R. G. Reid; Little River, William H. Boggs; Logan, John M. Williams, David E. Johnson; Lonoke, Clarence P. Newton, Madison K. Moran; Madison, George W u R. Keck ; Marion, William H. Hudson ; Miller, Louis Josephs ; Mississippi, M. Clyde Robinson; Monroe, William H. Lancey : Montgomery, C. T. Cockburn ; Nevada, William N. Munn ; Newton, Willis W. Moore; Ouachita, Charles J. Parker; Perry, George B. Colvin; Phillips, William G. Williamson, Edgar M. Pipkin, Jr.; Pine, Joel T. Pillard ; Poinsett, Elijah D. Bennett; Polk, John R. Neal ; Pope, Francis M. Hudson, Jr., Thomas B. Friar; Prairie, Charles B. Thweatt; Pulaski, Robert Martin, Joseph B. Webster, O. C. Ludwig, Earl D. Kidder; Randolph, William A. Jackson ; Saline, James G. Rice ; Scott, Henry R. Cantrell ; Searcy, Joseph C. Evans ; Sebastian, Leon Westmore- land, Thomas S. Osborne, Willie B. W. Heartsill ; Sevier, Wiley M. Bourns; Sharp, Elijah W. Godwin; St. Francis, Samuel L. Sulver ; Stone, Hugh U. Williamson ; LTnion, William J. Pin- son ; Van Buren, Martin B. Lefler ; Washington, Wilson Card-- well, R. W. Buchanan, John W. Baxter; White, H. C. Jones, Charles H. Ray; Woodruff, Marshall H. Patterson; Yell, Sam Rorex, Paul J. McCall. They met in regular session January 13, 1913. W. K. Old- ham was elected president of the senate ; Tom J. Terrall, sec- retary. Joe Hardage was speaker of the house ; J. N. Chil- ders, clerk. The session lasted until March 14, 1913. United States Senator Jeff Davis having died on January 3, 1913, Governor Donaghey apponited J. N. Heiskell United States Senator for the unexpired term. Apparently this action did not meet with the apprdoval of the General Assembly, since the two houses shortly met in joint session and elected W. M. Kavanaugh to fill the vacancy caused by the death of Davis. And on January 28, 1913, Governor Robinson was elected to the full term beginning March 4, 1913. The most important Acts of the session were: To provide for the commission form of government in cities of the first class ; to provide a permanent place in the penitentiary where AND LEGISLATIVE HISTORY 175 criminals sentenced to pay the death penalty could be executed by electricity; to grant the people of cities and towns the right of referendum on ordinances; to create a state bank department and provide for the organization and control of banks ; to appropriate $500,078.68 for the completion of the new cagitol, the payment of deficiencies connected therewith, and for the maintenance of the building and grounds for the biennial period ; to permit corporations to erect power dams upon the rivers of Arkansas; to repeal the Act of May 31, 1909, and enact a new law relating to the taxing of inheritances; to enforce better sanitary conditions in inns and hotels ; to create a highway com- mission in connection with the state land department ; to estab- lish a bureau of labor statistics ; to amend the anti-trust Act of 1905, and an employers' liability Act was also passed. By con- current resolution an official state flag was adopted (see High Lights). 176 . OUTLINE OF EXECUTIVE GEORGE W. HAYS GOVERNOR, JULY 23, 1913 JANUARY 10, 1917 George W. Hays, twenty- fourth governor of the State of Arkansas, was born in Ouachita county, Arkansas, September 23, 1863, the second of six children born to Thomas and Par- thena (Ross) Hays. Thomas Hays was a native of Alabama. He came to Arkansas in 1840 and settled on a farm six miles south of Camden, where he continued to reside until his death in 1873. His wife was born in Kentucky. The early education of George W. Hays was acquired in the common schools of Ouachita county. He then entered the Washington and Lee University at Lexington, Virgina, to prepare himself for the practice of law. Subsequently he studied law with the firm of Gaughan & Sifford, at Camden, Arkansas, and in 1894 he was admitted to the bar. For three years after his admission to practice he remained in the office of his preceptors, but in 1897 he opened an office of his own. In 1900 he was elected county judge of Ouachita county, and was re-elected in 1902. At the expiration of his second term he resumed the practice of his profession, but it was not long until he was again elected to public office. In 1906 he was elected judge of the Thirteenth Gircuit for a term of four years. He was re-elected in 1910, but resigned before the ex- piration of his second term to accept the office of governor, to which he was elected on July 23, 1913. for the unexpired term of Governor Robinson. Following the custom of Arkan- sas politics, of giving the state officers two terms, Hays was nominated in 1914 for the full term of two years and was elected. His administration was uneventful, and since retiring from the office he has practiced law in Little Rock. He is a member of the Masonic order, the Odd Fellows, the Knights of Pythias, the Elks and the Woodmen of the World. On February 26, 1895, he was married to Miss Ida V. Yat- brough, of Ouachita county. They have two sons. Fortieth General Assembly- Members of the fortieth General Assembly were elected September 14, 1914. The senate was solidly Democratic. The AND LEGISLATIVE HISTORY 177 house was composed of three Republicans and ninety-seven Democrats. The members of the senate were: First District (Greene, Clay and Craighead counties), J. M. Futrell ; Second (Ran- dolph, Lawrence, Sharp), G. B. Ferguson; Third (Marion, Boone, Newton), Elmer O. Owens; Fourth (Johnson, Pope), I. C Burgess; Fifth (Washington), B. H. Greathouse ; Sixth (Independence, Stone), William O. Edmondson; Seventh (Cross, Woodruff), Samuel N. Vann; Eighth (Yell, Logan), W. H. McCall; Ninth (Grant, Saline, Hot Spring), Thomas E. Toler; Tenth (Pulaski and Perry), George F. Jones, W. C. Adamson; Eleventh (Jefferson), Thomas C. .White; Twelfth - (Lonoke, Prairie), Samuel Crockett Sims; Thirteenth (Arkan- sas, Monroe), Harry C. Harris; Fourteenth (Phillips, Lee), John I. Moore; Fifteenth (Ashley, Chicot), John L. Carter; Sixteenth (Dallas, Cleveland, Lincoln), Edgar V. Overman; Seventeenth (Drew, Desha), Robert L. Collins; Eighteenth (Union, Bradley), J. M. Smith; Nineteenth (Ouachita, Cal- houn), Archibald Hamilton; Twentieth (Hempstead, Nevada), J. O. A. Bush; Twenty-first (Columbia, Lafayette, Miller), W T alker Smith; Twenty-second (Little River, Sevier, Howard), Andrew J. Cabiness ; Twenty-third (Izard, Fulton, Baxter), John C. Ashley; Twenty-fourth (Carroll, Madison), Menwell B. Kendall; Twenty-fifth (Crawford, Franklin), George W. Wagner; Twenty-sixth (Conway, Cleburne, Searcy, Van Buren), Horace E. Ruff; Twenty-seventh (Faulkner, White), Em. D. Davenport; Twenty-eighth (Sebastian), C. C. Calvert; Twenty-ninth (Poinsett, Jackson, Mississippi), L. Clyde Going; Thirtieth (Clark, Pike), George W. Garrett; Thirty-first (Gar- land, Montgomery), J. N. Wasson ; Thirty-second (Crittenden, St. Francis), Lon Slaughter; Thirty-third (Scott, Pike), Elmer J. Lundy; Thirty-fourth (Benton), John R. Duty. Those elected to the house were : Arkansas county : Thomas K. Bennett; Ashley, Monroe Smith; Baxter, Randolph C. Love; Benton, Lon Williams; Benton, W. O. Young; Boone, J. L. Shouse ; Bradley, Robert Hill Carruth ; Calhoun, Thomas B. Pierce ; Carroll, John C. Stafford ; Chicot, James R. Yerger ; Clark, F. E. Teague; Clark, Farrar Newberry; Clay, John W. Brawner ; Cleburne, C. A. Holland ; Cleveland, James Henry Moseley ; Columbia, J. E. Hawkins ; Conway, Carroll Arm- 178 OUTLINE OF EXECUTIVE strong; Conway, Virgil A. Beeson ; Craighead, Oscar Findley; Crawford. J. J. Dipboye ; Crawford, W. C. Creekmore ; Critten- den, Pierre Swepston ; Cross, Joseph W. Williams; Dallas, Julius C. Dunn, Jr. ; Desha, Frank M. Rogers ; Drew, Carl F. Hudspeth ; Faulkner, C. E. Condray; Franklin, Allen M. Nixon; Franklin, Lee G. King; Fulton, Oscar R. Ellis; Garland, L. E. Sawyer, William J. Little; Grant, Robert T. Posey; Greene, Clennie Johns; Hempstead, U. A. Gentry; Hempstead, J. W. Moses ; Hot Spring, Joel C. Belote ; Howard, James M. Cope- land; Independence, A. G. Gray, R. A. Dowdy; Izard, William W. Copeland; Jackson, W. M. Shaver; Jefferson, Edward W. Brockman, Thomas A. Wilson, Ben F. Hooker; Johnson, W. Lee Cazort ; Lafayette, S. D. McGill ; Lawrence, William T- Nicks ; Lee, James T. Tobertson, William S. Humphreys ; Lin- coln, R. G. Reid ; Little River, A. B. Bishop ; Logan, Thomas H. Rogers ; Horage G. Thomasson ; Lonoke, L. E. Tedford, W. J. Waggoner ; Madison, H. A. Jeter ; Marion, H. H. Perkins ; Miller, Louis Josephs: Mississippi, E. E. Alexander; Monroe, John T. Davis ; Montgomery, Monroe M. Plemmons ; Nevada, W. R. Steed; Newton, Benjamin F. Ruble; Ouachita, W. H. Hollensworth ; Perry, Phillip L. Burrow; Phillips, J. M. Hud- son, James B. Dunlap ; Pike, Joel T. Pillard ; Poinsett, E. D. Bennett; Polk, Ernest Hatley ; Pope, Earl P. Bell, Robert B. Wallace; Prairie, William H. Bland; Pulaski, Dan W. Jones, E. G. Shofner, Henry C. Reigler, Benjamin L. Griffin; Ran- dolph, Walter L. Pope ; Saline, William L. Halbert ; Scott, John M. Millard; Searcy, C. C. Taylor; Sebastian, R. A. Crump, George L. Sands, John P. Woods ; Sevier, George W. Lewis ; Sharp, James M. Street ; St. Francis, Samuel F. Sulcer ; Stone, Joseph L. Creswell ; Union, W. H. Helms ; Van Buren, Martin B. Lefler; Washington, R. W. Buchanan, Melbin W. Collier, John E. Jones; White, Robert E. Miller; William V. Walls; Woodruff, James T. Angelo ; Yell, Sam Rorex, Nathan E. Fair. They met in regular session January 11, 1915. Elmer J. Lundy was elected president of the senate ; Tom J. Terral, sec- retary. L. E. Sawyer was speaker of the house; H. G. Combs, clerk. The session lasted until March 11, 1915. The principal Acts of the session were: To change the time of holding the state elections to the Tuesday following the first Monday in November; to prohibit the issuance of licenses to AND LEGISLATIVE HISTORY 179 sell intoxicating liquors, and declaring unlawful the manufac- ture, sale or giving away of such liquors after January 1, 1916; to regulate the weighing of coal at the mines in Arkansas ; to provide a minimum wage and hours of employment of women ; to appropriate $40,000.00, "or so much thereof as may be necessary/" for an Arkansas exhibit at the Panama-Pacific Exposition at San Francisco ; to establish a municipal court in each city having a population of 45,000 or more ; to remove the disabilities of married women, giving them the right to own property, make contracts, etc., and a "Blue Sky" law to prevent fraud in the sale of stocks, bonds, etc. By concurrent resolution the statue of Judge U. M. Rose was ordered placed in the Hall of Fame at Washington, D. C, and two constitutional amendments were submitted to the peo- ple, to be voted on at the general election in 1916. The first empowered county courts to levy a tax of not more than three mills on the dollar for the construction of roads, and the sec- ond proposed to give, women the right of suffrage. 180 OUTLINE OF EXECUTIVE CHARLES HILLMAN BROUGH GOVERNOR, JANUARY 10, 1917 JANUARY 12, 1921 Charles Hillman Brough, twenty-fifth governor of the State of Arkansas, was born at Clinton, Mississippi, July 9, 1876, a son of Charles Milton and Flora E. (Thompson) Brough. His father was identified with mining and banking operations in the West and was at one time mayor of Ogden, Utah. His mother was for years principal of the Central Female Institute, the oldest private female seminary in the State of Mississippi, and her early training wielded a great influence in shaping the career of her hon. For several years Charles Hillman lived with his parents in Utah, but returned to his native state to attend, under the direction of his uncle and aunt Doctor and Mrs. Hillman the Mississippi College at Clinton. In June, 1894, he graduated with the honors of his class. Later he took a three years' post graduate course in economics, history and jurisprudence in Johns Hopkins University at Baltimore, Maryland. Here he was a student under Woodrow Wilson, then professor of politi- cal economy, and was awarded the fellowship in economics on his doctor's thesis, "Irrigation in Utah." In June, 1898, he was awarded the degree of Doctor of Philosophy by Johns Hop- kins University and immediately afterward was elected to the chair of history, philosophy and economics in Mississippi Col- lege. This position he held until June, 1901, when he resigned to enter the law department of that institution as a student. A year later he received the degree of Bachelor of Laws. In the meantime his uncle had established Hillman College at Clinton, Mississippi, and now oflered Brough the chair of economics. He accepted, but remained with the college only a year, for in June, 1903, he was called to the chair of economics and sociology in the University of Arkansas. He remained with this institution until 1910, when he resigned to devote his atten- tion to literary and chautauqua work. With his training and experience it was natural that his literary productions should partake of an historic or economic character. He is the author of The History of Taxation in Mississippi, The Industrial His- tory of Arkansas, Historic Clinton, The History of Banking in Mississippi, Historic Battlefields and Homes of Arkansas, AND LEGISLATIVE HISTORY 181 The Political Problems of the Present, and he has written for economic and historical periodicals. Of his lectures, "The Glory of the Old South and the Greatness of the New," "America's Conquest of the World," "The Wit and Wisdom of Great Americans," and "God in History" are perhaps the best known and most popular. He is a member of the Arkansas Historical Association, the Mississippi Historical Society, the American Economic Association and the National Academy of Social and Political Science. He has been actively identified with the Democratic party ever since he became a voter. In 1911 he organized at the University of Arkansas the first "Wilson for President" club of college men in the United States. Similar clubs were after- ward formed in many of the universities and colleges of the country. Although an active worker in the party ranks, he was never an aspirant for public office until he entered the race for the nomination of governor in 1916. He was inaugurated on January 10, 1917. Without any intention to disparage other governors, it seems that he was the first chief executive in years with the ability to formulate a plan for putting Arkansas on a cash basis, and with the courage to insist upon its adoption. Three months after he was inaugurated, the United States Congress declared war against Germany. Throughout that historic struggle, pop- ularly known as the "World War," he was active in the sup- port of the national administration. He was re-elected Novem- ber 5, 1918, only four days before the signing of the armis- tice that brought an end to hostilities. Of the "war gov- ernors" of the United States, it is safe to say that none made a better record than Brough of Arkansas. Upon retiring from the office in January, 1921, his name was so well known over the countrv that chautauqua circles everywhere invited him to address their assemblies. On June 17, 1908, Governor Brough and Miss Ann Wade Roark, of Franklin, Kentucky were united in marriage. They have no children. Forty-First General Assembly- Members of the forty-first General Assembly were elected November 7, 1916. Members of the senate were all Democrats. 182 OUTLINE OF EXECUTIVE The house was composed of four Republicans and ninety-six Democrats. The members of the senate were: First District (Clay, Craighead and Greene counties), Richard Whittaker; Second (Randolph, Lawrence and Sharp), H. L. Ponder; Third (Marion, Boone and Newton), Elmer Owen; Fourth (Johnson and Pope), I. C. Burgess; Fifth (Washington), B. H. Great- house; Sixth (Indepednece and Stone), William O. Edmondson ; Seventh (Cross and \Voodruff), Samuel N. Vann ; Eighth (Lo- gan and Yell), Thomas H. Rogers; Ninth (Grant, Saline and Hot Spring), J. S. Utley; Tenth (Pulaski and Perry), George F. Jones, W. C. Adamson ; Eleventh (Jefferson), Creed Cald- well ; Twelfth (Lonoke and Prairie), Samuel C. Sims; Thir- teenth (Arkansas and Monroe), J. W. Moncrief ; Fourteenth (Phillips and Lee), W. L. Ward; Fifteenth (Ashley and Chicot), John L. Carter; Sixteenth (Dallas, Cleveland and Lin- coln), George F. Brown; Seventeenth (Drew and Desha), Rob- ert L. Collins; Eighteenth (Union and Bradley), R. Hill Car- ruth; Nineteenth (Calhoun and Ouachita), Archibald Hamilton; Twentieth (Hempstead and Nevada), J. O. A. Bush; Twenty- first (Columbia. Lafayette and Miller), Walker Smith; Twenty- second (Little River, Sevier and Howard), Andrew J. Cabi- ness ; Twenty-third (Izard, Fulton and Baxter), Elbert E. God- win; Twenty-fourth (Carroll and Madison), Lenwell B. Ken- dall; Twenty-fifth (Crawford and Franklin), Lee G. King; Twenty-sixth (Conway, Cleburne, Searcy and Van Buren), Horace E. Ruff; Twenty-eighth (Sebastian), Ezra Hester; Twenty-ninth (Poinsett, Jackson and Mississippi), E. E. Alex- ander; Thirtieth (Clark and Pike), George W. Garrett; Thirty- first (Garland and Montgomery), Houston Emory; Thirty-sec- ond (Crittenden and St. Francis), Lon Slaughter; Thirty-third, (Scott and Polk), Ben H. Johnston; Thirty-fourth (Benton), John R. Duty. Those elected to the house were : Arkansas, W. G. Gunnell ; Ashley, C. C. Hunnicutt ; Baxter, Owen Kendrick ; Benton, Lon Williams, Jess McFarland ; Boone, Rue Porter ; Bradley, R. W. Baxter; Calhoun, Joe Wagnon ; Carroll, W. J. Ash; Chi- cot, Baldi Yinson ; Clark, Josiah Hardage, Stephen Meador ; Clay, J. M. Curtis; Cleburne, Ben F. Allen; Cleveland, J. H. Moseley ; Columbia, Bonnie Davis, Henry Stephens ; Crawford, AND LEGISLATIVE HISTORY 183 W. C. Creekmore, W. J. Fry; Conway, W. D. Koonce, J. M. Atkinson ; Craighead, Claude B. Brinton ; Crittenden, H. F. Willis; Cross, M. J. Harrison; Dallas, P. J. Scrimshire; Desha, Henry Thane; Drew, E. A. Rodgers ; Faulkner, H. B. Hardy; Franklin, George A. Henry and G. C. Carter ; Fulton, F. L. White ; Garland, John A. Riggs, A. T. Davies ; Grant, Eric M. Ross; Greene, J. T. Craig; Hempstead, U. A. Gentry, James W. Ellis; Hot Spring, Andrew I. Rowland; Howard, J. M. Copeland ; Independence, S. A. Moore, J. K. York ; Izard, W. W. Copeland ; Jackson, L. D. Smith ; Jefferson, D. B. Niven, I. F. Magee ; Johnson, Lee Cazort ; Lafayette, S. D. McGill ; Lawrence, J. D. Boyle; Lee, Dodridge McCulloch and Aubrey Elliott ; Lincoln, L. D. Chambliss ; Little River, W. L. Phillips ; Logan, J. A. Jarrad, W. M. Wade ; Lonoke, W. J. Waggoner, C. A. Holloway ; Madison, J. B. Harris; Marion, J. M. Coker; Miller, Louis Josephs; Mississippi, J. B. Wilson; Monroe, John T. Davis ; Montgomery, M. M. Plemmons ; Nevada, C. B. Andrews; Newton, Ben E. McFerrin ; Ouachita, Sam L. Owens; Perry, P. L. Burrow; Phillips, S. W. Adams, J. M. Hudson; Pike, C. A. Rankin ; Poinsett, C. R. French; Polk, Charles Burnett ; Pope, C. L. Shinn, C. W. Bell ; Prairie, W. H. Bland; Pulaski, W. B. Brooks, L. B. Leigh, I. W. Blackwood, J. I. Trawick; Randolph, E. N. Ellis; Saline, A. B. Shockley ; Scott, John Millard; Searcy, Dan W. Mclnturff ; Sebastian, Jo Johnson, T. S. Osborne, Carl W. Held; Sevier, H. G. Kim- bocker; Sharp, Shelby Shaver; St. 'Francis, M. B. Norfleet; Stone, J. W. Humphrey; Union, J. T. Babb ; Van Buren, H. A. Emerson ; Washington, M. M. Collier, Wilson Cardwell, Ray VV. Buchanan; White, J. A. Choate, Oscar Robbins; Woodruff, Ross Mathis; Yell, J. W. Clack, Morris Moore. They met in regular session January 8, 1917. William D. Davenport was elected president of the senate; Ira C. Langley, secretary. Lee Cazort was speaker of the house; H. G. Combs, clerk. The session lasted until March 8, 1917. In his inaugural address Governor Brough said: "That a thoroughgonig revision of our revenue system is the paramount question confronting our lawmakers," said he, "may be seen from the fact that since 1913 there has actually been a decrease in the total assessed valuation of Arkansas property, the de- crease in the assessment of public utilities for the last fiscal 184 OUTLINE OF EXECUTIVE year aggregating $2,529,548.00 and the decrease of revenue from the various franchise taxes of the state $1,529.94. * * * * There are many sad commentaries on our antiquated and 'crazy- quilted' revenue system, eloquent advocates of an improved assessment system, and reveal the whereabouts of the Pandora's box out of which flow the ills of gross inequalities in taxation, high rates, ridiculously low asessments and a tax-dodging that is a travesty on a self-respecting people." The remedies he proposed were : To negotiate a short time loan of $750,000.00 for emergency purposes and the redemption of outstanding warrants, and a revision of the state's revenue laws requiring all property to be assessed at its true value. He also advocated a budget system for the regulation of appropria- tions. His long experience as an educator enabled him to make a number of valuable suggestions regarding the educational system of the state, some of which were enacted into laws. He recommended a convention to form a new constitution and urged the General Assembly to give their serious attention to "constructive legislation of statewide importance/' and not to "consider any local measure Unless the constitutional require- ment of actual publication for thirty days has been observed." Notwithstanding the earnestness of the new governor in making this request, a large number of local laws were passed during the session, though many Acts of a general nature were also passed. Among these were : To establish municipal courts in cities having a population of from 12,000 to 20,000; to authorize the commissioner of labor to conduct a free em- ployment bureau ; to prohibit the shipment of intoxicating liquors into the state, or the storage of the same by clubs, ec. (this is known as the ''Bone Dry'' law) ; to create the Arkan- sas Illiteracy Commission to ascertain the number of grown persons in the state who could not read and write, and. recom- mend to plan for the elimination of such illiteracy ; to remove the Boys' Industrial School and convert the property to the use of the Girls' Industrial School ; to establish a State General Hospital for free medical and surgical treatment, and appro- priating $200,000.00 for the same ; to establish a textbook com- mission and provide for a system of uniform textbooks in the public schools ; to appropriate 4,000 acres of land and authorize the appointment of a board to establish a school for feeble- AND LEGISLATIVE HISTORY 185 minded; to accept the provisions of the Act of Congress pro- viding for vocational education; to give women the right to vote in primary elections ; to create the department of insurance and fire prevention; to provide for the compulsory attendance of children between the ages of seven and fifteen years of age at some public or private school ; to create the commission of chanties and corrections ; to create the state auditorial depart- ment and. provide for a uniform system of county bookkeep- ing, and to provide for the inspection of kerosene, gasoline, etc. An ''initiative" Act providing for primary elections to be held on the last Tuesday in May was approved by this Gen- eral Assembly. The "publicity" Act adopted at the election of 1914, providing for the publication of public expenditures, etc., was repealed and ordered to be re-submitted to the voters at the general election in 1918. Three constitutional amendments were also submitted for approval or rejection in 1918. The first provided for the loan of the state's credit, to an amount not exceeding two percent of the assessed valuation of all prop- erty, for the purpose of providing funds to be loaned to the farmers of the state upon certain conditions. The second pro- vided for an increase in the number of Supreme Court justices to seven. The third authorized the creation of a pardon board, without whose recommendation the governor could not act in the matter of granting pardons, reprieves, and commutation of sentences. All three of these amendments were defeated at the election in 1918. An election was ordered to be held on June 26, 1917, for delegates to a constitutional convention, to meet on the 19th of November. Forty-Second General Assembly- Members of the forty-second General Assembly were elected November 5, 1918. The senators were all Democrats. There were five Republicans in the house, and ninety-five Democrats. The members of the senate were: First District (Green, Clay and Craighead counties), Richard Whittaker ; Second (Randolph, Lawrence and Sharp), H. L. Ponder; Third (Marion, Boone and Newton), Ben E. McFerrin; Fourth (Johnson and Pope), Lee Cazort; Fifth (Washington), B. H. Greathouse ; Sixth (Independence and Stone); S. M. Bone; 186 OUTLINE OF EXECUTIVE Seventh (Cross and Woodruff), Ed Roddy; Eighth (Yell and Logan), Thomas H. Rogers; Ninth (Grant, Saline and Hot Spring), J. S. Utley ; Tenth (Pulaski and Perry), G. T. Owens, George Vaughan ; Eleventh (Jefferson), Creed Caldwell ; Twelfth (Lonoke and Prairie), Charles A. Walls; Thirteenth (Arkansas and Monroe), John W. Moncrief ; Fourteenth (Phil- lips and Lee), W. L. Ward; Fifteenth (Ashley and Chicot), James R. Woods; Sixteenth (Dallas, Cleveland and Lincoln), George F. Brown; Seventeenth (Drew and Desha), R. L. Col- lins; Eighteenth (Union and Bradley), R. Hill Carruth ; Nine- teenth (Ouachita and Calhoun), W. A. Wilson; Twentieth (Hempstead and Nevada), J. D. Montgomery; Twenty-first (Columbia, Lafayette and Miller), R. C. Stewart; Twenty-sec- ond (Little River, Sevier and Howard), W. H. Latimer; Twenty-third (Izard, Fulton and Baxter), Elbert E. Godwin; Twenty-fourth (Carroll and Madison), S. M. Johnson; Twenty- fifth (Crawford and Franklin), Lee G. King; Twenty-sixth (Conway, Cleburne, Searcy and Van Buren), M. B. Lefler ; Twenty-seventh (Faulkner and White), George F. Hartje; Twenty-eighth (Sebastian), Ezra Hester; Twenty-ninth (Poin- sett, Jackson and Mississippi), E. E. Alexander; Thirtieth (Clark and Pike'), R. R. Townsend ; Thirty-first (Garland and Montgomery), Houston Emory; Thirty-second (Crittenden and St. Francis), John F. Rhodes; Thirty-third (Scott and Polk), Ben H. Johnston; Thirty-fourth (Benton), Jess F. McFarland. Those elected to the house were: Arkansas county, W. G. Gtinnell ; Ashley, J. W. YYillcoxon ; Baxter, Owen Kenclrick ; Benton, John M. Beard, Lee Seamster ; Boone, Rue Porter; Bradley, Ben R. Spann ; Calhoun, E. E. Mauldin ; Carroll, Ira M. Gurley ; Chicot, Harvey Parnell ; Clark, A. P. Few and H. C. Childers ; Clay, John T. Campbell ; Cleburne, Howard Reed ; Cleveland, A. G. Blankenship ; Columbia, Henry Stephens and Joe Joiner ; Conway, J. M. Atkins, Virgil G. Jordan ; Craw- ford, E. D. Chastain, J. W. Fry; Craighead, G. C. Fisher; Crit- tenden, E. T. Talbott ; Cross, R. C. Dalton ; Dallas, C. C. Jack- son ; Desha, Henry Thane; Drew. E. Y. Rogers.; Faulkner U. M. Campbell ; Franklin, Grover C. Carter, George A. Henry ; Fulton, P. C. Goodwin; Garland, John A. Riggs, G. D. Dillard ; Grant, E. H. DuYal ; Greene, J. T. Craig; Hempstead, W. J. Hartsfield, W. F. Reagon ; Hot Spring, Felix L. Smith; How- AND LEGISLATIVE HISTORY 187 ard, James M. Jackson; Independence, Poindexter Hill, W. M. Thompson; Izard, W. W. Copeland; Jackson, George A. Hill- house: Jefferson, T. A. Hill, D. B. Niven, Frank Thompson; Johnson, E. T. McConnell ; Lafayette, G. T. Whatley; Law- rence, J. D. Doyle; Lee, Doddridge McCulloch, W. A. Elliott; Lincoln, L. D. Chambliss * Little River, T. T. C. Anderson ; Logan, D. N. Guinn, W. M. Wade; Lonoke, C. V. Holloway, Albert G. Sexton ; Madison, J. S. Jameson ; Marion, Robert Lee Carson; Miller, J. R. Goldman; Mississippi, C. E. Sullenger ; Monroe, G. B. Knott ; Montgomery, J. B. Kelley; Nevada, C. B. Andrews; Newton, W. W. Moore; Ouachita, R. K. Mason; Perry, R. S. Williams r Phillips, J. N. Hudson, Joe C. Myers; Pike, F. F. Garter; Poinsett, Harry L. Finn; Polk, W. B. Thomas ; Pope, C. L. Shinn, J. L. Turner ; Prairie, Emmett Vaughan; Pulaski, J. R. Alexander, E. O. Bagley, H. A. Knowlton, C. P. Newton ; Randolph, J. J. Lewis ; Saline, C. D. Ewell; Scott, J. H. Oliver; Searcy, S. A. Hollabaugh ; Sebas- tian, Allan Kennedy, R. A. Crump, Carl W. Held ; Sevier, H. C. Limblcker ; Sharp, Ben N. Yates ; St. Francis, F. F. Harrelson ; Stone, W. J. Gower ; Union, Lamar Jones ; Van Buren, John Privett; Washington, W. E. Williams, J. L. Harris, B. R. Davidson ; White, James A. Choate, Joseph M. Talkington ; Woodruff, James T. Angelo ; Yell, Sam Mitchell and A. N. Bohlinger. They met in regular session January 13, 1919. H. L. Pon- der was elected president of the senate ; Ira C. Langley, secre- tary. C. P. Newton was speaker of the house, H. G. Combs, Clerk. The session lasted until March 13, 1919. Probably more laws 'were enacted b}' the General Assembly of 1919 than by any other regular session in the history of Arkansas. .The road laws alone (689 in number) fill two large volumes, the 696 special Acts constitute another volume and the general laws make a volume of 549 pages. The most important of these laws were as follows : To authorize the board of con- trol to purchase a farm of not more than five hundred acres, to be operated in conjunction with the Hospital for Nervous Diseases, and appropriating $75,000.00 for the purpose; to establish a state farm, not less than 120 acres, for female con- victs ; to appropriate $23,384.33 to pay the indebtedness in- curred on account of the Panama-Pacific Exposition ; to create 188 OUTLINE OF EXECUTIVE a bureau of crop estimates and immigration ; to provide for a county board of education in each county of the state ; to appropriate $158,444.45 for extension work in agriculture and home economics; to appropriate $1,400.00 for a silver service to be presented to the battleship Arkansas; to promote voca- tional education ; to prevent the desecration of the United States flag for advertising, etc; to define and punish anarchy; to create the Arkansas Corporation Commission; to create and establish a "Model Farm" at -some suitable point in the cen- tal point of the state, to be operated as a branch of the Agricultural Exeriment Station, and a Mechanics' lien law. Three amendments to the state constitution were proposed one relating to the initiative and referendum, one providing for equal suffrage, and one authorizing two additional judges for the Supreme Court. Three special sessions of this General Assembly were held, viz: from July 28, 1919, until July 30, 1919; from September 22, 1919, until October 1, 1919; from January 26, 1920, until February 6, 1920. At the first of these sessions the amendment to the Federal Constitution giving the right of suffrage to women was ratified. The other two sessions were taken up with the passage of special road legislation. AND LEGISLATIVE HISTORY 189 THOMAS CHIPMAN McRAE GOVERNOR, JANUARY 12, 1921 Thomas Chipman McRae, twenty-sixth governor of the State of Arkansas, was born at Mount Holly, Union County, Arkansas, December 21, 1851. He is a son of Duncan L. and Mary Ann (Chipman) McRae, the former a native of North Carolina and the latter of Georgia. Duncan L. McRae died on July 30, 1863, and his widow survived until April 19, 1897. He received his early education in the schools of his native state, after which he clerked for a while in a store at Shreve- port, Louisiana. He then attended Soule's Business College at New Orleans, graduating in 1869. Deciding upon the law as a profession, he entered the law department of the Wasington and Lee University, Lexington, Virginia, and received from that institution the degree of Bachelor of Laws in 1872. In Jan- uary, 1873, he was admitted to the bar in Nevada county, Arkan- sas ; to the bar of the Arkansas Supreme Court in January, 1876; to practice in the Supreme Court of the United States in January, 1886; and in 1917 he was elected president of the Arkansas Bar Asociation. The political career of Governor McRae began in 1874, when he was made election supervisor for Nevada county. In 1876 he was elected to represent that county in the lower house of the State General Assembly; was elected recorder and city attorney for Prescott in 1879; was for several terms special judge in Lafayette and Pike counties ; represented the Third Arkansas District in the National Congress from 1885 to 1903 ; served as school director from 1890 to 1893 ; was appointed a member of the state board of charities in April, 1909; was a delegate to the constitutional convention of 1917, and in Novem- ber, 1920, 'was elected governor. He was a delegate to the Democratic national convention in 1884, and from 1896 to 1900 was that party's national committeeman from Arkansas. He is president of the Bank of Prescott and in 1909 was elected president of the Arkansas Bankers' Association. He is a thirty-second degree Mason and also belongs to the Knights of Pythias, the Independent Order of Odd Fellows and the Woodmen of the World. He was married on December 17, 190 OUTLINE OF EXECUTIVE 1874, to Miss Amelia Ann, daughter of Captain William R. and Mary Jane (Clarke) White of Rosston, Nevada county, Arkan- sas. Five children were born to this union: Ethel, Mary, Thomas C., Duncan L. and Mildred. Forty-Third General Assembly- Members of the forty-third General Assembly were elected November 2, 1920. The senate was solidly Democratic. The house was composed of three Republicans and ninety-seven Democrats. The members of the senate were: First District (Clay, Craighead and Greene counties), P. R. Barnes; Second (Law- rence, Randolph and Sharp), W. A. Jackson; Third (Boone, Marion and Newton), Ben E. McFerrin ; Fourth (Johnson and Pope), Lee Cazort; Fifth (Washington), Robert J. Wilson; Sixth (Indepednece and Stone), S. M. Bone; Seventh (Cross and Woodruff), Ed Roddy; Eighth (Logan and Yell), William M. Price; Ninth (Grant, Hot Spring and Saline), A. B. Shockley; Tenth (Perry and Pulaski), George Vaughan, Grover T. Owens; Eleventh (Jefferson), Creed Caldwell ; Twelfth (Lonoke and Prairie), Charles A. W^alls ; Thirteenth (Arkan- sas and Monroe, G. Otis Bogle; Fourteenth (Lee and Phillips), Peter A. Deisch ; Fifteenth (Ashley and Chicot), J. R. Woods; Sixteenth (Cleveland, Dallas and Lincoln), Benjamin F. McGraw; Seventeenth (Desha and Drew), R. L. Collins; Eighteenth (Bradley and Union), Jacob R. Wilson; Nineteenth (Calhoun and Ouachita), W. A. Wilson; Twentieth (Hemp- stead and Nevada), J. D. Montgomery; Twenty-first (Colum- bia, Lafayette and Miller), R. C. Stewart; Twenty-second (Howard, Little River and Sevier), W. H. Latimer; Twenty- third (Baxter, Fulton and Izardj, William U. McCabe ; Twenty-fourth (Carroll and Madison), S. M. Johnson; Twenty- fifth (Crawford and Franklin), Silas W. Hairy; Twenty-sixth (Conway, Cleburne, Searcy and Van Buren), M. B. Lefler; Twenty-seventh (Faulkner and White), George F. Hartje; Twenty-eighth (Sebastian) Claude W. Thompson; Twenty- ninth (Jackson, Mississippi and Poinsett), J. O. Goff; Thir- tieth (Clark and Pike), R. R. Townsend; Thirty-first (Garland and Montgomery), Houston Emory; Thirty-second (Crittenden and St. Francis), John W. Scott; Thirty-third (Polk and AND LEGISLATIVE HISTORY 191 Scott), Ben H. Johnston; Thirty- fourth (Benton) Jess F. McFarlin. Those elected to the house were : Arkansas county, G. W. Botts; Ashley, V. E. Bankston; Baxter, E. D. Smothers; Ben- ton, J. T. Clegg, A. L. Smith; Boone, Lewis Dowell; Bradley, Byron L. Herring; Calhoun, L: F. Plunkett; Carroll, J. M. Wells; Chicot, Harvey Parnell Clark, H. B. Arnold, P. T. Dun- lop ; Clay, O. T. Ward ; Cleburne, Howard Reed ; Cleveland, S. P. O'Neill ; Columbia, Joe Joiner, John M. Kelso ; Conway, J. F. Beavers, Audrey Strait; Crawford, B. W. Parker, T. W. Moss ; Craighead, Joe A. Stephens ; Crittenden, Hugh Chal- mers ; Cross, J. C. Brookfield; Dallas, S. F. Morton; Desha, Henry Thane; Drew, S. A. Hoover; Faulkner, E. T. Herring; Franklin, Claude Smith, Robert L. Kendrick; Fulton, E. H. LaMore; Garland, A. T. Davies, Walter M. Ebel; Grant, W. H. DuVal ; Greene, G. W. Butler ; Hempstead, Thomas C. Jobe, A. J. Robins ; Hot Spring, Joel C. Belote ; Howard, M. B. Bear- den ; Independence, I. J. Matheney ; John C. Bone; Izard, Ben Hassell ; Jackson, G. L. Smith ; Jefferson, Sterling A. Miller, Torii A. Hill, Cal Newton; Johnson, W. D. Ketcheside; Lafayette, R. E. Dickson ; Lawrence, J. D. Doyle ; Lee, Dodd- ridge McCullogh, James E. Wood; Lincoln, Thomas W. Raines; Little River, F. K. Davis; Logan, J. A. Harp, Anthony Hall; Lonoke, Ross Williams, J. M. Gates ; Madison, Joe Johnson ; Marion, J. O. Ledbetter; Miller, David C. Arnold; Mississippi, R. H. Ray; Monroe, W. J. Brown; Montgomery, C. H. Hern- don; Nevada, Carl Munn; Newton, G. W. Hamm; Ouachita, R. K. Mason ; Pery, Robert A. Neal ; Phillips, P. R. Andrews, D. J. Clatworthy; Pike, Grady Alexander; Poinsett, Harry L. Finn ; Polk, Freeman L. Johnson ; Pope, Raymond S. Hudson, R. M. Gates; Prairie, W. H. Gregory; Pulaski, J. R. Alexan- der, Edgar L. McHaney, C. C. Tipton, William Horowitz ; Ran- dolph, E. G. DuBois ; Saline, Dewell Dobbs ; Scott, N. H. Hol- land ; Searcy, Adriel Stephenson ; Sebastian, Allan Kennedy, J. M. Lewis, L. C. Caudle; Sevier, Mahlon Williamson; Sharp, J. M. Street; St. Francis, Marvin B. Norfleet, Jr.; Stone, J. A. Branscum; Union, H. W. Baskin ; Van Buren, LeRoy G. Mont- gomery; Washington, D. M. Allen, Wilson Cardwell, J. S. Hoi- comb; White, James M. Talkington, H. C. Jones; Woodruff, Ernest W. Chancy; Yell, Paul J. McCall, William L. Lee. 192 OUTLINE OF EXECUTIVE They met in regular session January 10, 1921. Lee Cazort was elected president of the senate; Ira C. Langley, secretary. Joe Joiner was speaker of the house ; J. B. Higgins, clerk. The session lasted until March 10, 1921. In his inaugural address Governor McRae referred to the platform pledges of the Democratic party in 1920, which declared for the consolidation of offices, boards and commis- sions, including the abolishment of the "corporation commis- sion, the board of control, the penitentiary commission and the state highway department, all as now constituted." He urged that this pledge be carried out by suitable legislation, and that an honorary efficiency commission be authorized to study the requirements of the state government with a view to further consolidation and the elimination of useless offices and func- tions. The most important Acts of this session were: To fix July 1st as the beginning of the fiscal year in all departments of state ; to abolish the penitentiary commission and substitute therefor an honorary board ; to abolish the corporation commis- sion and re-establish the railroad commission ; to permit women to hold civil offices in Arkansas ; to authorize the organization of co-operative marketing associations for agricultural products ; to transfer all special funds to the general revenue fund ; to declare pipe line companies common carriers and confer on them the right of eminent domain ; to aid the prevention of delinquency by enforcing the Act providing for compulsory school attendance ; to provide for the supervision of paroles by the commission of charities and corrections; to preserve the old State Capitol and create the Arkansas State War Memorial; to prohibit the sale of cigarettes to minors, and license deal- ers in the same; to provide for a co-operative soil survey of the Federal Bureau of Soils and the Arkansas Experiment Sta- tion, and to establish a free library service. Forty-Fourth General Assembly Members of the forty-fourth General Assembly were .elected October 10, 1922. The senators are all Democrats. The house is composed of four Republicans and ninety-six Democrats The members of the senate are: First District (Clay, Craig- AND LEGISLATIVE HISTORY 193 head and Greene counties), P. R. Barnes; Second (Lawrence, Randolph and Sharp), W. A. Jackson; Third (Boone, Marion and Newton), Roy W. Milum; Fourth (Johnson and Pope), Robert Bailey; Fifth (Washington), Robert J. Wilson; Sixth (Independence and Stone),. Ben B. Williamson; Seventh (Cross and Woodruff), Walter W. Raney; Eighth (Logan and Yell), William M. Price; Ninth (Grant, Hot Spring and Saline), A. B. Shockley; Tenth (Perry and Pulaski), Paul R. Grabiel, Rob- ert C. Knox; Eleventh (Jefferson), Creed Caldwell ; Twelfth (Lonoke and Prairie), J. W. Watson; Thirteenth (Arkansas and Monroe), G. Otis Bogle; Fourteenth (Lee and Phillips), Peter A. Deisch ; Fifteenth (Ashley and Chicot), Harvey Par- nell ; Sixteenth (Cleveland, Dallas and Lincoln), B. F. McGraw; Seventeenth (Desha and Drew), I. N. Moore; Eighteenth (Bradley and Union), Jacob R. Wilson; Nineteenth (Calhoun and Ouachita, R. K. Mason; Twentieth (Hempstead and Nevada), Carl Munn; Twenty-first (Columbia, Lafayette and Miller), David C. Arnold; Twenty-second (Howard, Little River and Sevier), John J. DuLaney ; Twenty-third (Baxter, Fulton and Izard), W. U. McCabe ; Twenty- fourth (Carroll and Madison), M. I. Sinister; Twenty-fifth (Crawford and Franklin), Silas W. Haley; Twenty-sixth (Conway, Cleburne, Searcy and Van Buren), A. J. Cullum; Twenty-seventh (Faulk- ner and White), W. H. Abington; Twenty-eighth (Sebastian), Claude W. Thompson ; Twenty-ninth (Jackson, Mississippi and Poinsett), James O. Goff; Thirtieth (Clark and Pike), D. F. McElhanon; Thirty-first (Garland and Montgomery), Houston Emory; Thirty-second (Crittenden and St. Francis), M. B. Norfleet, Sr. ; Thirty-third (Polk and Scott), Ben Johnston; Thirty- fourth (Benton), W. H. Austin. Those elected to the house are: Arkansas county, Mark Grimes ; Ashley, Cecil Ernest Portis ; Baxter, E. D. Smothers ; Benton, J. W. DeWitt, E. M. Bagby ; Boone, J. H. Klepper; Bradley, Edwin A. McKinney; Calhoun, L. F. Plunkett ; Car- roll, A. E. Leathers; Chicot, Ohmer C. Burnside; Clark, G. J. Bennett, J. A. Gannaway ; Clay, O. T. Ward ; Cleburne, Howard Reed ; Cleveland, S. P. O'Neill ; Columbia, J. C. Jackson, Henry Stevens ; Conway, J. Allen Fades, W. R. Webb ; Crawford, Thomas W. Moss, A. M. Hutton ; Craighead, Joe A. Stephens ; Crittenden, Hugh Chalmers ; Cross, James C. Brookfield ; Dal- 194 OUTLINE OF EXECUTIVE las, B. Shaddock ; Desha, Scott McGehee ; Drew, S. A. Hoover ; Faulkner, Henry B. Hardy; Franklin, H. A. O'Neal, George A. Henry; Fulton, E. Hudson LaMore ; Garland, G. D. Dillard, John A. Riggs ; Grant. E. L. Page ; Greene, G. W. Butler ; Hempstead, John C. Timberlake, Jim Ford Stuart; Hot Spring, Joel C. Belote; Howard, J. M. Copeland; Independence, M. M. Rutherford, John C. Bone; Izard, James P. Cook; Jackson, G. L. Smith; Jefferson, Elbert B. Reynolds, Frances M. Hunt, Thomas A. Hill; Johnson, .Paul McKennon ; LaFayette, Euphrates Garrett ; Lawrence, Hugh B. McCullough ; Lee, John J. Hughes, Doddridge McCiilloch ; Lincoln, Henry W. Smith ; Little River, Fallas K. Davis ; Logan, J. A. Harp, Either H. Perry; Lonoke, M. Heber McLaughlin, Ben B. Morris; Madison, Joe Johnson; Marion, W. E. Noe ; Miller, G. M. Arnold; Mississippi, Dr. Robert H. Ray; Monroe, YV. J. Brown; Montgomery, C. H. Herndon ; Nevada, E. M. Woosley ; New- ton, Charles R. Spradley ; Ouachita, Charles E. Parker ; Perry, J. M. Wallace; Phillips, John M. Quarles, John C. Sheffield; Pike, Grady Alexander; Poinsett, T. J .Kelly; Polk, Freeman L. Johnson; Pope, J. H. Hurley, Reece A. Caudle; Prairie, J. R. Kitney; Pulaski, Erie Chambers, E. F. Harper, Neill Bohlinger, John Marshall Shackelford; Randolph, H. M. Crockett; Saline, S. !i. Glover; Scott, N. H. Holland; Searcy, D. G. Horn; Sebastian, Sam A. Galloway, James M. Lewis, John C. Kendall; Sevier, W. M. Cannon; Sharp, J. Monroe Street ; St. Francis, Fred F. Harrelson ; Stone, J. A. Branscnm ; Union, H. W. Haskin ; Van Buren, L. G. Montgomery; Wash- ington, Wilson Cardwell, Jack Walker, W. K. Parks; White, J. L. Hays, W. T. Sutton ; Woodruff, Ernest W. Chaney ; Yell, W. C. Blackwell, William Leroy Lee. They met in regular session January 8, 1923. Jacob R. Wil- son was elected president of the senate ; Ed R. Hicks, secretary. Howard Reed was speaker of the house; H. G. Combs, clerk. The session lasted until March 8, 1923. Governor McRae, in his message to the Gc-neral Assembly, recommended the enactment of the following measures : Elimination of all state property tax ; Abolishment of township assessors and establishment of county equalization boards ; AND LEGISLATIVE HISTORY 195 Franchise tax for business corporations ; Severance tax ; -Personal profits tax; Income tax; Placing the proceeds of income and severance taxes in school fund ; Holding of all state lands in trust for the school fund ; Abolishment of the board of control ; Reorganization of the state highway department; Separation of state highway department and the state land office ; Reduction of Arkansas tax commission from three to one member ; Abolishment of the office of state inheritance tax attorney; Strengthening the power of the Arkansas railroad commis- sion; Holding all redeemed state warrants five years before destroying ; Prohibiting counties, districts and cities from issuing war- rants in excess of their estimated revenues ; A central purchasing agency for the state; A complete geological survey ; Continuation of the child hygiene work ; Experiment farm for eastern Arkansas ; Permanent provision for the Arkansas National Guard; Conservation of natural resources ; Consolidation of the State Farm for Women with the Girls' Industrial School ; Elimination of local legislation; An industrial school for negro boys; Requiring all collectors to settle state taxes on or before the first Monday in August; Substitution of a non-partisan election board for the present ex-officio state board of election commissioners. 14 DAY USE RETURN TO DESK FROM WHICH BORROWED DOCUMENTS DEPT. YC 3ol77 This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. JAN ^ z 1963 r.r 01 *n_A >n General Library (B1321slO)476 University of California Berkeley