A Bill (H.R. 12707) "to enable the people of Oklahoma and of the Indian Territory to form a constitution and State government, and to enable the people of New Mexico and of Arizona to form a constitution and State government," was introduced in the House of Representatives by Hon. Edward L. Hamilton of Michigan and referred to the Committee on Territories, January 22, 1906; reported back favorably from the committee, by Mr. Hamilton, January 23, 1906; debated, amended, and passed January 25, 1906. In the Senate, referred to Committee on Territories, January 25, 1906; reported back from the committee, by Hon. Albert J. Beveridge of Indiana, January 29, 1906; amended, due to the efforts of Hon. Joseph B. Foraker of Ohio, to provide for a vote by and to require approval of each territory separately, and passed March 9, 1906; approved by President Theodore Roosevelt, June 16, 1906.
Documents Leading to Statehood
A Bill (H.R. 18166) "to enable the people of New Mexico to form a constitution and State government, and to enable the people of Arizona to form a constitution and State government," was reported from Committee on Territories of the House of Representatives, as a substitute for pending statehood measures, by Hon. Edward L. Hamilton of Michigan, January 14, 1910; debated and passed January 17, 1910. In the Senate, referred to Committee on Territories, January 18, 1910; reported back from the committee, with an amendment to "strike out all after the enacting clause and insert a new bill," by Hon. Albert J. Beveridge of Indiana; amended and passed June 16, 1910; amendment concurred in June 18, 1910; approved by President June 20, 1910. Election for delegates to Arizona constitutional convention, September 12, 1910; convention held at Phoenix, October 10-December 9, 1910; constitution ratified by people February 9, 1911.
Statutes At Large Volume 36 Page 557 "An Act To enable the people of New Mexico to form a constitution and state government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and state government and be admitted into the Union on an equal footing with the original States." Sections 19-35 cover Arizona.
- The fight for statehood did not end with the passage of the Enabling Act. There was the political fight for control of the Constitutional Convention; the fight over the character of the Constitution; the fight for ratification of the Constitution by the people of Arizona, and the fight for approval by the Congress and the President--the latter a requirement which had not been imposed upon states previously admitted.
The first version of the Constitution of the State of Arizona was signed December 9, 1910 by the members of the Constitutional Convention of the Territory of Arizona and is from the collections of the Arizona State Archives. This version of the constitution was vetoed by President William Howard Taft because it included a provision for the recall of judges.
A Joint Resolution (HJR 14) "approving the constitution formed by the constitutional conventions of the Territories of New Mexico and Arizona," was introduced in the House of Representatives, by Hon. Henry D. Flood of Virginia, and referred to the Committee on Territories, April 4, 1911; reported back from the committee, with amendments, by Mr. Flood, May 12, 1911, debated, amended, and passed, May 23, 1911. In the Senate, referred to Committee on Territories, May 25, 1911; reported back, with amendments, by Hon. William Alden Smith of Michigan, July 11, 1911; debated, amended, and passed, August 8, 1911; amendments accepted by House, August 10, 1911; vetoed by President William H. Taft, on account of the provision in the Arizona constitution for recall of judiciary, August 15, 1911.
S.J. Res. 57 (67th Congress, 1st Session) A Joint Resolution (SJR 57) "to admit the territories of New Mexico and Arizona as States into the Union," conditioned upon the adoption by the people of Arizona of an amendment to the constitution excepting the judiciary from the recall provision, was reported to the Senate, from the Committee on Territories, by Hon. William Alden Smith of Michigan, August 17, 1911; debated, amended, and passed, August 18, 1911; passed House, August 19, 1911; approved by the President, August 21, 1911.
Page 39 of The United States Statutes at Large Volume 37 contains, "Joint Resolution To admit the Territories of New Mexico and Arizona as States into the Union upon an equal footing with the original States" authorized statehood for Arizona if certain conditions were met.. ...Arizona's admission was conditioned upon the adoption by the people of Arizona of an amendment to the constitution excepting the judiciary from the recall provision. This was President Taft's price for the acceptance of Arizona's constitution. It contained altogether too many progressive provisions to suit his conservative views, but he was prevailed upon to settle for its amendment in this one particular.
- At the first election held for State officers, December 12, 1911, [the] constitution [was] amended to comply with the requirements of S.J.R. 57; vote for exception of judiciary from recall provision 14,963, against 1,980....
Congressional Record Volume 47 pages 4118-4141 contains the U.S. Senate "New Mexico and Arizona" debate from August 18, 1911 which highlights the issues surrounding the admission of New Mexico and Arizona into the Union of states. The debate centers on whether Arizona should be admitted to the Union if the state constitution allows for the recall of members of the judiciary. President Taft was opposed to allowing recall.
- C. R. Vol. 47 Pages 4217-4242 contains the August 19, 1911 House debate and passage of S.J. Res. 57 including a speech by the Hon. John H. Stephens (47 Cong. Rec. Appendix 90-92).
- C. R. Vol. 47 Page 4258 and 4309 S.J. Res. 57 was examined and signed.
- C. R. Vol. 47 Page 4381 The President approved of this version on August 21, 1911.
This case is mentioned in the U.S. Congressional floor debates about the judicial recall provision in the Arizona Constitution because it established that when a state is admitted to the Union on an equal footing then the conditions of the enabling act are no longer valid.
The Statutes at Large Part 2 page 1728 contains the proclamation by Presitent Taft on February 14, 1912 making Arizona the 48th state. When the people of Arizona by their votes eliminated the recall of the judiciary, to satisfy the President’s demand, they did so with a mental reservation, and at the very next election, on November 5, 1912... by a vote of 5 to 1 [16,272 for and 3,705 against], they proceeded to reinstate the offensive provision [to include judiciary in the recall provision]--offensive to Mr.Taft.
- A humorous ending was given this tale a year or so later. Many will recall that among the early features of Governor Hunt's long tenure as Arizona's first chief executive he advocated the abolition of capital punishment. Among those heartily seconding his efforts was R. B. Sims, warden of the State Prison [at Florence, AZ from 3/1/1912 - 12/31/1918, 1/5/1925 - 2/1/1926]. Mr. Sims, in the course of an energetic campaign to do away with capital punishment, wrote to a large number of nationally and internationally famous personages asking for an expression of their views on the subject. One of his letters was addressed to President Taft, who, still smarting from the trick played on him or more likely--for he was a big, good natured man with a keen sense of humor--in a spirit of droll facetiousness, promptly replied, under his own signature: "Dear sir: I do not believe in the abolition of capital punishment for the people of Arizona."
