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The Arizona Territorial Supreme Court was the United States territorial court with responsibility for Arizona Territory.

History[edit]

Created as the judicial branch of Arizona's territorial government, the Arizona Organic Act specified court was composed of three justices with one justice being designated as Chief Justice.[1] In 1881, Acting governor John J. Gosper recommended creation of a fourth judicial district. His reason was that because the justices heard both initial appeals and cases that reached the supreme court a single justice by necessity heard the same case multiple times. A extra justice would allow three new justices to hear a case after an initial appeal.[2] On February 11, 1891 the court was expanded to four justices (26 United States Statues at Large, 998).[1] The expansion included a proviso that a justice which previously ruled on a case should disqualify himself unless the disqualification would result in less than three judges available to hear a case.[3] A fifth justice was added on March 3, 1905 (33 United States Statues at Large, 998).[1]

Governor John Noble Goodwin established initial boundaries for territory's three districts with a April 9, 1864 proclamation. first district comprised of all portions south of the Gila River and east of 114th meridian west. second district was all portions of the territory west of the 114th meridian and third district contained the remained of the territory.[4] Later adjustments to district boundaries were handled by the Arizona Territorial Legislature.

Forty men served as Justices upon the territorial supreme court. Richard Elihu Sloan served non-consecutive terms while John Titus' promotion from Associate to Chief Justice required a second appointment.[5] Three others were nominated to the Arizona bench but never took a place on the court. John Noble Goodwin was initially named to be the first Chief Justice but when John A. Gurley, who had been appointed to become the territory's first governor, died Goodwin was advanced to become the first governor.[6] On March 22, 1894, Marshall H. Williams received Senate confirmation to become Associate Justice of the Arizona Territorial Supreme Court.[7] This triggered a political battle within Arizona's Democratic party.[8] Williams eventually decided to not accept the position and Chief Justice Albert C. Baker recommend the next candidate be selected from outside the territory and thus not aligned with any of the battling factions.[9] Finally, President Theodore Roosevelt nominated Paul Jessen to succeed Eugene A. Tucker in October 1905.[10] Jessen declined the nomination and the position went to Frederick S. Nave.[11]

Structure[edit]

Upon Senate confirmation, a judge was granted a four year term.[12] In practice, a judge could be removed at any time by the President under authority granted to him under Section 1768 of the Revised Statutes of the United States (1878).[12]



Organizationally, the district courts were scheduled to hold two session per year. Using a practice common among Western territory's the district court session would be divided into two tribunals. First, a federal tribunal dealt with all matters involving U.S. federal law or constitutional matters. Upon completion of all federal issues, the district court would begin a second tribunal to deal with matters under territorial law.[13]

Sessions of the territorial supreme court involved all sitting justices coming together to form an appellate court. The judge which had presided over a case at the district level were not required to disqualify themselves and decisions were made by majority vote.[14]

situation changed on March 3, 1905 when a new law requiring the justice which heard the case at the district level recuse himself. This change raise the possibility of a split court being unable to make a decision and the district court decision being confirmed by default. While unusual, such a split did occur in Huachuca Water Company v. City of Tombstone, 11 Arizona 163 (1907) and Martin v. Territory of Arizona, 12 Arizona 12 (1908).[15]

Initially, the date upon which a court session began was fixed by law.[16] This could present a problem if the judge for a district was traveling and did not arrive in town by the specified date.[17] An example of this occurred in October 1869 when newly appointed Justice John Titus arrived in Tucson two days after a scheduled session was to begin, forcing cancellation of the session.[18]

Supreme court sessions were required by law once a year. This generally occurred although the session scheduled for November 1869 was initially postponed to March 1870 before being cancelled.[19]

Things improved over time with the courts being granted flexibility in their scheduling and Justices substituting for each other when needed.[20] By 1890, an absent judge forcing cancellation of a session was a rare event.[20] Additionally, a change to the United States Statutes at Large on December 24, 1872 granted territorial justices the right to hold "adjourned" sessions when needed.[20]

In addition to the legal duties involved, supreme court sessions also served a social gatherings.[21] The January 1871 session included a birthday party for Justice Isham Reavis that included champagne bottles "too numerous to mention".[21][22]



A common opinion among historians is that the men willing to take a position as a territorial judge were largely political hacks and carpetbaggers interested primarily in gaining wealth.[23] Justices C. G. W. French, Edward Kent, Jr., Joseph Henry Kibbey, and Richard Elihu Sloan were all well qualified and could have potentially served on any court in the country.[5] Joseph P. Allyn, Henry T. Backus, Edward Kent, Jr., Frederick S. Nave, and A. W. Sheldon all moved to Arizona for health reasons.[23] Only John C. Shields and Edmund W. Wells managed to become rich following their appointment.[23]


Under the terms of the Arizona Organic Act, judges were paid $2500/year. This was raised to $3000/year in 1870.[24] In 1875, the territorial legislature added $600/year supplement.[23] The suplement pay grew to $900/year by 1888 and from 1879 till 1881, the judge for the third district was granted $2000/year to compensate for the large amount of travel needed in that district.[24] Federal officials initially considered the practice to be illegal, and it factored in the removal of both William H. Barnes and James Henry Wright.[19]


Prior to 1891, all appeals from the Arizona Territorial Supreme Court went to the Supreme Court of the United States. With the establishment of the United States Court of Appeals for the Ninth Circuit, some criminal matters were appealed to the new court in San Francisco. This happened three times, with the Ninth Circuit confirming the Arizona court's findings in all cases.[25] Of the 121 cases appealed to the U.S. Supreme Court, 74 were affirmed, 29 dismissed, 16 reversed, and 2 modified.[26]



First District[27]
Rank Name Start End Notes
Associate William Thompson Howell March 10, 1863 June 11, 1864
Associate Henry T. Backus March 6, 1865 March 1869
Associate/Chief John Titus March 15, 1869 March 1874 Promoted to Chief Justice April 18, 1870
Chief Edmund Francis Dunne March 20, 1874 January 1876
Chief C. G. W. French January 1876 May 20, 1884 Transferred to 3rd district January 1881
Associate William Henry Stilwell January 1876 August 7, 1882 Transferred from 3rd district January 1881
Associate Wilson W. Hoover August 7, 1882 March 6, 1883
Associate A. W. Sheldon May 15, 1883 January 31, 1884
Associate William F. Fitzgerald March 10, 1884 November 9, 1885
Associate William H. Barnes October 23, 1885 October 17, 1889
Associate Richard Elihu Sloan October 17, 1889 April 1894
Associate Joseph D. Bethune June 1, 1894 July 8, 1897
Associate George Russell Davis July 8, 1897 February 10, 1905
Associate John H. Campbell March 1905 February 14, 1912
Second District[27]
Rank Name Start End Notes
Associate Joseph P. Allyn December 29, 1863 1867
Associate Harley High Cartter 1867 August 1869
Associate Isham Reavis August 1869 April 1972
Associate DeForest Porter April 1872 June 7, 1882
Associate Daniel H. Pinney June 19, 1882 November 9, 1885
Associate William Wood Porter November 9, 1885 1889
Associate Joseph Henry Kibbey August 5, 1889 April 1893
Associate Owen Thomas Rouse April 1893 1897
Associate Fletcher M. Doan June 26, 1897 February 14, 1912
Third District[27]
Rank Name Start End Notes
Chief William F. Turner August 22, 1863 April 1870
Associate Charles Austin Tweed April 14, 1870 February 1878
Associate Charles Silent February 1878 October 18, 1880
Associate William Henry Stilwell December 3, 1880 August 7, 1882 Transferred to 1st district January 1881
Chief C. G. W. French January 1876 May 20, 1884 Transferred from 1st district January 1881
Chief Sumner Howard May 20, 1884 October 1885
Chief John C. Shields November 9, 1885 June 7, 1886
Chief James Henry Wright March 19, 1887 1890
Chief Henry C. Gooding March 13, 1890 May 16, 1893
Chief Albert C. Baker May 16, 1893 1897
Chief Hiram Truesdale 1897 October 28, 1897
Chief Webster Street November 15, 1897 1902
Chief Edward Kent, Jr. March 3, 1902 February 14, 1912
Fourth District[27]
Rank Name Start End Notes
Associate Edmund W. Wells March 1891 March 1893
Associate John J. Hawkins April 1893 July 21, 1897
Associate Richard Elihu Sloan July 21, 1897 May 1, 1909
Associate Edward M. Doe May 1, 1909 February 14, 1912
Fifth District[27]
Rank Name Start End Notes
Associate Eugene A. Tucker April 1, 1905 October 13, 1905
Associate Frederick S. Nave November 17, 1905 May 1, 1909
Associate Ernest W. Lewis May 18, 1909 February 14, 1912

References[edit]

  1. ^ a b c Goff 1975, p. 10.
  2. ^ Wagoner 1970, p. 181.
  3. ^ Goff 1968, p. 211.
  4. ^ Wagoner 1970, p. 36.
  5. ^ a b Goff 1968, p. 212.
  6. ^ Wagoner 1970, p. 31.
  7. ^ "Judge Williams' Confirmation". Arizona Republican. March 23, 1894. p. 4.
  8. ^ Goff 1975, p. 150.
  9. ^ Goff 1968, p. 223.
  10. ^ "Paul Jessen Justice In Arizona's Supreme Court". The Washington Times. Washington D.C. October 15, 1905. p. 4.
  11. ^ "Nave Succeeds to Arizona Judgeship". Albuquerque Morning Journal. Albuquerque, New Mexico. November 12, 1905. p. 1.
  12. ^ a b Goff 1975, p. 11.
  13. ^ Goff 1978, p. 195.
  14. ^ Goff 1978, p. 197.
  15. ^ Goff 1975, p. 18.
  16. ^ Goff 1975, p. 12.
  17. ^ Goff 1975, pp. 12–3.
  18. ^ Goff 1975, pp. 53.
  19. ^ a b Goff 1975, p. 16.
  20. ^ a b c Goff 1975, p. 13.
  21. ^ a b Goff 1975, p. 17.
  22. ^ "[Judge Isham Reavis elegantly celebrated his birthday which fell upon last Saturday.]". Arizona Citizen. February 4, 1871. p. 3.
  23. ^ a b c d Goff 1975, p. 15.
  24. ^ a b Goff 1968, p. 213.
  25. ^ Goff 1975, p. 19.
  26. ^ Goff 1975, pp. 19–20.
  27. ^ a b c d e Wagoner 1970, p. 504.
  • Goff, John S. (July 1968). "The Appointment, Tenure and Removal of Territorial Judges: Arizona-A Case Study". The American Journal of Legal History. 12 (3). Temple University: 211–231. doi:10.2307/844126. JSTOR 844126.
  • Goff, John S. (1975). Arizona Territorial Officials Volume I: The Supreme Court Justices 1863-1912. Cave Creek, Arizona: Black Mountain Press. OCLC 1622668. {{cite book}}: Unknown parameter |authormask= ignored (|author-mask= suggested) (help)
  • Goff, John S. (Summer 1978). "William F. Turner, First Chief Justice of Arizona". Journal of Arizona History. 19 (2). Arizona Historical Society: 189–210. ISSN 0021-9053. JSTOR 42678105. {{cite journal}}: Unknown parameter |authormask= ignored (|author-mask= suggested) (help)
  • Wagoner, Jay J. (1970). Arizona Territory 1863-1912: A Political history. Tucson: University of Arizona Press. ISBN 0-8165-0176-9.
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