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cessary for the company to construct anew, they shall have the right to collect three cents per head for the use of all animals using the same on said roads."

The Santa Maria Wagon Road Company was also incorporated by the Legislature and was authorized and allowed the privileges to “construct and build a toll-road from such point on the Colorado River near the mouth of Williams' Fork, as they may deem most convenient, by such route as they may find and consider most favorable, in the general direction of the Lount and Noyes road, so called, to the town of Prescott in said Territory, with the right to construct bridges and grade said road, if they think proper, and to keep and maintain facilities for furnishing water to men and animals passing over said road, and make the same safe and passable at all times, and may construct and maintain one or more toll-gates, and may receive and collect toll or passage money in sums not exceeding the following rates, to wit: For each wagon drawn by two horses, mules, or horned cattle, four cents per mile; for each additional span of horses, mules, or horned cattle, one and one-half cents per mile. For each carriage or cart drawn by one horse, mule, or ox, three and one-half cents per mile. For each jack, animal, horse, mule, or ass, or horned cattle, one and one-half cents per mile. For each horse or other animal and rider, two and one-half cents per mile. For every sheep, hog, or goat, one-eighth of one cent per mile. It being understood that no foot traveller shall pay toll and that said company shall permit travellers with their animals to take from any wells or watering-places on the line of


said road water sufficient for the use of said travellers and their animals while passing over said road, or making the usual and necessary stops or camps thereon, without charge there

All toll roads throughout the Territory were permitted to charge like exorbitant rates.

There was also an exclusive right granted to William D. Bradshaw and his associates to maintain and keep a Ferry across the Colorado River at La Paz. Section 2 of the act granting such right provided that “So long, not exceeding twenty years, as the said William D. Bradshaw, or his associates or successors, shall maintain and operate a good, safe and sufficient ferry between the points aforesaid, they shall be authorized to charge, demand and collect the following rates of toll, viz.:

"For a wagon and two animals, four dollars ; for every additional two, one dollar;

“For every carriage with one animal, three


“For every beast of burden, one dollar; “For every horse or mule with its rider, one


For every footman, fifty cents;

“For every head of loose cattle, horses, mules or jacks, fifty cents;

“For every hog, sheep, or goat, twenty-five cents."

The Arizona Historical Society was incorporated at this session, concerning which more will appear hereafter.

The recommendation of the Joint Committee on Education was accepted and an Act was passed appropriating $250 to the mission school

at San Xavier del Bac, for the purpose of purchasing books of instruction, stationery, and furniture, and there was also appropriated for the benefit of public schools in the towns of Prescott, La Paz and Mohave, to each of said towns the sum of $250, but these last appropriations were dependent upon the appropriation by each town of an equal amount. The sum of $500 was appropriated for the benefit of a public school in the town of Tucson, in which the English language was to form a part of the daily instruction; the appropriation, however, was to be void unless the said town, by taxation, appropriation, or individual enterprise, furnished a like sum of five hundred dollars to the support of such school.

The county commissioners were made the trustees of the public schools and had the power to appoint a suitable person to examine the course of instruction, discipline, and attendance of said schools, and the qualifications of the teachers, and report the same to them at their stated quarterly meetings. Said county commissioners and the inspector appointed by them was not to receive any fees or salary for any services done in the discharge of their duties under this act.

The legal rate of interest was fixed at 10% per



The Legislature also passed the following act in regard to printing :

“Be it enacted by the Legislative Assembly of the Territory of Arizona:

“Sec. 1. The Secretary of the Territory shall be and he hereby is authorized to contract for the printing in book form, with pamphlet binding, of two hundred copies of the Code of the Territory of Arizona, and such other printing as may be ordered during this session of the Legislative Assembly.

“Sec. 2. He shall not pay for such printing over one dollar per folio, and if it shall be necessary to provide paper for such printing, he shall furnish such paper at a rate of not more than twenty per centum advance upon cost and charges at Prescott.

“Sec. 3. The laws shall be published on or before the day they take effect, except such as take effect from the day of their passage, and such publication shall be paid for in such funds as the Territory shall provide.

“Sec. 4. The Secretary of the Territory shall be and he is hereby authorized to employ some suitable person to supervise the publication of said laws, provided the compensation therefor shall not exceed the sum of two hundred and fifty dollars."

All persons in military service who were legal voters of the Territory, were allowed to vote at elections in any part of the Territory they happened to be at the time of election.

All persons in military service, either of the United States or of the Territory, were allowed to hold mining claims in the Territory.

An act was passed creating a seal for the Territory, which is as follows:

“Be It Enacted by the Legislative Assembly of the Territory of Arizona :

“Sec. 1. The seal of this Territory shall be of the size of two and one-quarter inches in diameter, and of the following design: A view of San Francisco mountain in the distance, with a deer, pine trees and columnar cactus in the foreground; the motto to be ‘Ditat Deus.' The date

on said seal to be 1863, the year of the organizing of the Territory.

“Sec. 2. The sum of one hundred dollars is hereby appropriated for the expense of engraving and transporting said seal; and the Secretary of the Territory is hereby authorized to entrust said seal to proper parties for engraving.

“Sec. 3. The Secretary is hereby empowered to use the former seal in his official duties until the seal authorized in this act is prepared.”

Of the seal so authorized and adopted by the Legislature, and also of the former seal mentioned in the foregoing act, Bancroft says:

“The seal described in the act of 1864 is the upper one in the cut. I find it used for the first time—in print-in the laws of 1883. The earlier seal, the lower of the cut, of origin unknown to me, is printed in the Journals and Acts as late as 1879. For humorous comments on this seal, see Ross Browne in Harper's Magazine, xxix,


The former” or “earlier” seal was according to J. Ross Browne, designed and brought to the Territory by Richard C. McCormick, Secretary of the Territory.

An Act was passed incorporating the Arizona Railway Company, the incorporators including the Governor, Secretary McCormick, Samuel F. Butterworth, and others. Section 2 of this act provided :

“That the purpose of this act is to organize a company and to incorporate the same, with authority, which is hereby granted to said company, to construct and maintain railway and telegraph lines, commencing at such point or

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