Beehive History, Volume 12, 1986

'BEEHIVE HISTORY

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Government and Politics

Max J. Evans Director Stanford J. Layton Coordinator o f Publications

Miriam B. Murphy Beehive History Editor

@ Copyright 1986 Utah State Historical Society 300 Rio Grande Salt Lake City, Utah 84101-1182

BEEHIVE HISTDRY

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Contents My Experience in Politics . . . . . . . . Edward H. Snow 2 The State Symbols of Utah . . . . . . . . . . . . Linda Thatcher 8 George Sutherland, Utah's Man on the U.S. Supreme C o u r t . . . . Ann Brookhyser 13

Cover art by Cherie Hale depicts the ceremonial laying of the cornerstone of the State Capitol on April 4,1914, by Gov. William Spry and members of the Capitol Commission.

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EDWARD SNOW HELPED FRAME UTAH'S CONSTITUTION, SERVED IN THE STATE SENATE, AND TACKLED TAX REFORM.

This publlcatbn has been funded with the assistanceof a matching

grant-in-aidfrom the Departmentof the Interior, National Park Service, under provisions of the National Historic Presewatiin Act of 1966 as amended.

This program receives flnandal assistance for identillcatbn and of historic properties under Tile VI of the C i l Rights prese~atbn Ad of 1964 and Section 504 of the RehabilltatbnAct of 1973. The U.S. Departmentof the Interior prohibits dlscrlmlnatlonon the basis of race, cobr, natlonal origin, or handlcap In its federally asslsted programs. If you believeyou have beendiscriminatedagainst inany program, activity, or facility as described above, or If you desire further informatbnpleasemite to: Officeof Equal Opportunity,U.S. Departmentof the Interior, Washington, D.C. 20240.

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BY EDWARD H. SNOW

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Editor's note: Edward Hunter Snow was born on June 23, 1865, in St. George, Utah, a son of Julia Josephine Spencer and Erastus Snow, and diedon July 18,1932. He grew upin circumstances typical of the period in southern

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and County Building. The Legislature met here until the completion of the State Capitol. USHS collections.

Utah, doing chores to earn a few dollars and attending school. During 1882-85 he was a student at Brigham Young University, graduating with a normal certificate that enabled him to get a teaching job in Santa Clara, Utah.

In September 1885 he married Hannah Nelson, a childhood friend, and ten months later was sent on a mission by the LDS church.

Two versions of his autobiography, dated 1925 and 1931, were collected in the 1930s by Claudia Beames and A.F. Baxter under the Federal Writers Project of the WPA. James Erickson of the Historical Records Survey project of the WPA in Ogden, Utah, was also involved in collecting one of the versions.

Copies of both autobiographies are available in the Utah State Historical Society library.

The excerpt published here incorporates material from both the 1925 and 1931versions and focuses primarily on Snow's political career, which began in the late 1880s when he was elected city recorder in St. George. His account begins on September 24, 1890, with the news of LDS church president Wilford Woodruff s Manifesto announcing the end of church-sanctioned polygamy, a prelude to the final drive toward statehood. It has been edited for length, clarity, and style.

Political Beginnings I was the telegraph operator at St. George and received the telegraphic bulletin announcing the Manifesto. I was surprised and shocked. Everything, however, adjusted to it.

My predilection for politics doubtless started when, about 1890, we began a study of the Constitution of the United States. The meetings were held in the Lyceum. I was avoter too and was C St. George 1city recorder. Practically all the offices were controlled by the firm of Woolley, Lund & Judd, which held most of our finances also in their hands. This is not said to discredit them or in terms of reproach. They were men who had been in business for some time.

Woolley (E.G.) and Lund (Robert C.) went to the Legislature and were on the Board of County Commissioners. J u d d (Thomas) gathered in the business of the county, most of. which filtered through the firm. A few of us young fellows attempted to break into the political monopoly by running A.C Anthony l W. Ivins for mayor. Robert C. Lund had been mayor for a long time, and it seemed presump-

Anthony W. Ivins, USHS collections.

tuous for us to try and beat Lund for mayor. We went in, however, to win. The courthouse was packed almost to suffocation. It was the first real political scrap the city of St. George had had for marly a day. We won out, and Ivins was nominated and elected mayor. 'The next step was to send him to the Legislature as our representative where he made a good record and attracted public attention.

About this time, the Enabling Act having been passed by Congress and a division on

party lines C Snow and Ivins were Democrats 1 having taken place, the election for delegates to the State Constitutional Convention, to be convened at Salt Lake in March 1895, was to be held in the fall of 1894. We were, of course, all agreed that Ivins would be one of our delegates, but who should be the other did not occur to us. I shall never forget how surprised I was when Brother Ivins told me I was to be the other delegate. My support of Ivins was because I thought he was better qualified than anyone else. I never dreamed of holding such a position myself. But I went. Before I reached Salt Lake I studied Constitution-making for all I was worth. I asked for and obtained an assignment on the Committee on Apportionment C and Boundaries I .

Constitutional Convention John Henry Smith was elected president of the convention and Parley P. Christensen, secretary. Both of them were inexperienced, and they made a sorry mess of things for a while. C. S. Varian, a Salt Lake attorney, was a skilled parliamentarian. David Evans, Samuel R. Thurman, and F. S. Richards, all Democrats, were also men of experience on legislative conduct, and they, with others, in much patience and tact, kept Bro. John Henry and Parley P. straight.

The records of the proceedings of the convention will show that I spoke to several questions before the convention. There was one subject, however, which was my work and my idea, and for its adoption into the State Constitution I feel that I am entitled to the credit, and that was county representation in the Legislature. 1was obsessed with the idea when 1 went, and every move 1 made I had it in view. It was for this purpose I asked to be placed on the Committee on Apportionment. First of all I had to fight to get the jurisdiction of this subject assigned to this committee. I won this point. In the committee J o h n F. Chidester (Rep.) was chairman; Charley Crane was also a member and at the time hailed from Millard. He was also the statechairman for the Republican party. In the C Constitution's I chapter for legislative apportionmen~1 inserted the proviso that each county, no matter how small, should be entitled to at least one representative. My argument for this appealed to the committee, and Crane said, "Ed, now is the day of our salvation. We must have this now or never." We agreed to report it favorably.

Edward H. Snow, USHS collections.

Influential members, however, among whom I was told B. H. Roberts and F. S. Richards were n u m b e r e d , prevailed o n Chidester and two others to report adversely on this proviso. Crane signed with me a minority. report.

When the matter came before the convention I flayed Chidester and branded him as a traitor and made a plea for the adoption of the minority report. While I was talking to the subject, Fred Kiesel of Ogden, whose support 1 had won by my talk, moved around among the members whispering, "Let us all support that boy."

I carried the motion and the minority report was adopted. I have always felt proud of this victory and felt it has been of great benefit to the outlying counties of the state in the sessions of the Legislature which have been held since. At the close of the convention, Junius Young, a newspaper man, congratulated me on my work, saying that the county representation was my own contribution and was well handled and well done.

State Senator I was elected that fall as a state senator and served during two sessions. T h e Constitutional Convention and the Legislature were held in the City and County Building at Salt Lake City.

While senator I introduced and secured the passage of the bill creating the Branch Agricultural College at Cedar City.J. F. Tolton and

Raw1 Tanner of Beaver wanted a branch of the State Normal School at Beaver and asked me to further the movement in the Legislature. I phrased the bill so as to provide for the school and a comn~issionto locate it. 'The cotntnissiot~, consistingof Drs.John R. Park, KarlG. Maeser, and James E. 'Talmage, located it at Cedar City.

Years later I gave the original bill to the school (now Southern Utah State College). I suppose they have it yet.

During the session of the Legislature in 1897 I voted for Joseph L. Kawlins fix U.S. senator. Moses Thatcher was a candidate, but his dif'ferences with the church authorities led me to believe that he ought not to be elected.

Neither could I vote for Judge Herlderson because he was not pro silver enough. I had been elected on a silver platform, and although Henderson was a favorite with the brethren, I would not vote for him. I was severely criticized, and some people were a long time forgiving me for my independence. It was a trial to me, perhaps the tightest place 1 had ever been in, and no one knowsjust what my decision cost me. It served to sour me on politics and make me feel like I had had enough of it. I deterThe Salt Lake City and County Building housed the Utah State Legislaturefor two decades.It is listed in the National

mined not to be a candidate again for an elective office. 'Thus far C 1925 1 1 have kept my word, with the exception of serving as a member of'the Board of' Education for Washington C;ounty, which was nonpartisan.

1)uring this period I was also a school trustee associated with Horatio Pickett and John E. Pace. 1 led out ti)r a central school building and abandonnlent of the little old schoolhouses.

Mass meetings were called. We had no money.

For three successive years the people regularly voted the limit, about$7,500 beginning in 1897 ant1 the fourth year, 1900, voted $6,000 in bonds to con~pletethe building. 'The building was up to the second story when I left for the eastern states on a mission [for the Mormon Church].

I came home in April 190 1 and was made president of the St. George Stake (of the LDS church), succeeding D. D. McArthur in June 190 1 and released in June 1925.

School Board Duties Meanwhile, the county school trustee districts were abolished. I was elected to the first Washington County Board of' Education and held the position of chairman until I resigned in 1925 to accept the position of chairman of' the State Board of Equalization.

During my chairmanship of' the Board of Education there were built the Dixie College, Enterprise School, the Hurricane School, the 'Toquerville School, and some smaller ones. It was along about 1906 that I, after a survey of the conditions in our district schools, took u p the matter with A. C. Nelson, state superintendent of schools. O u r school terms were about five months, and teachers salaries were as low as $35.00.1 sounded the slogan to him: "'That it is the duty ofthe State to educate the child no matter where he lives, whether from choice or necessity," to which Nelson said, "Amen."

H e had, by increased local tax, already lengthened the term at St. George to seven months and introduced first and second year high school. It was agreed that Superintendent Nelson would back o u r representative to the Legislature in his efforts for some state aid for school districts like Washington County.

Thomas P. Cottam was elected to the Legislature, and through his efforts and Nelson's, Gov. William Spry gave his support. T h e first appropriation for state aid was made, and this was the beginning of state school equalization in Utah.

Dixie College in St. George openedin 1911 during Edward Snow's chairrnanshir, of the Washington Countv Board of Education. The c o l ~ ; ? moved ~e to new cambus in the 7 960s. USHS collections.

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In April 1925 I was appointed a member of the State Board of Equalization and upon qualifying was made chairman of the board. 'The other members were Frank Page Stewart of Salt Lake and Lorenzo Pitt of Brigham City. It was all new to me. I studied, observed, and asked questions. K. E. Hammond was secretary and knew more about it than anyone. I liked Hammond and he was very helpful to me.

Abuses of Power After I had been a member for about a year, I began to see that there had been abuses of power and position, that certain interests were favored, in all of which Hammond and Pitt agreed. Stewart took little or no interest and seemed content to have me shoulder all the responsibility and get all the blame or glory, whichever way it turned. 'The result was we raised the valuation of some of the favored interests, in f'act all of them.

Pressure was brought to bear upon me to remove Hammond and appoint a Democrat. I refused absolutely todo so. Appeal was made to the governor C George H. Dern 1 who left the matter to me. I retained Hammond because I believed the state should have the benefit of his experience and because 1 believed he was honest. We went on. In January 1929 Pitt's term expired and W.D. Sutton was appointed in his place.

Meanwhile, sometime in 1928, the governor wrote me a letter and asked me to make a study of Utah's tax system with a view to improving it. Hammond and I exchanged views. I got him to studying [the situation I . Coincident with o u r investigation, in January 1929 a Tax

Revision Commission was appointed as a result of certain attempts at equalization of the tax burden by members of the Legislature. T h e governor wanted me to serve on the commission. I expressed a willingness to do sobut said I would have to resign as a member of the board if I accepted the position. He did not favor that.

I recommended Hammond. The governor appointed W. W. Armstrong, banker; S. R. Thurman, judge and attorney; and Hammond. Hammond and I had tacitly agreed on what is known as the "Model Plan," adopted or rather recommended by the National Tax Association in 1918, with some little changes.

The campaign of 1930 upon these amendments was a hot one. It meant an income tax upon individuals and corporations. It was bitterly opposed by the Salt Lake Tribune, by the moneyed men of the state, by the Associated Industries, by the mines, and by all the powerful financial interests. W.W. Armstrong was made chairman of the campaign committee for the amendments. Bert Robinson was executive secretary and bore the brunt of the campaign.

"I began to see that there had been abuses of power and position, that certain interests were favored.. .

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Roscoe E. Hammond, 1951.

A Republican, Hammond won the support of key Democrats because of his competence.

Salt Lake Tribune photograph in USHS collections.

Tax Reform The State Board of Equalization submitted a plan along those lines, and it was the plan recommended by the Tax Revision Commission and acceptedby the Legislature in January 1930. T o adopt it required amendments to the Utah State Constitution abolishing the uniform rule of assessing property and vesting tax administration in a State Tax Commission.

Amendments were proposed by the Legislalture C to achieve tax reform], as were others, ,including a $5.00 school equalization fund.

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The strongest organizations for the amendments were the Utah Education Association and the Farm Bureau. T h e governor warmly espoused the cause of tax revision and wrote and talked for the amendments. Hammond and I made quite a number of talks for the amendments- I at Park City, American Fork, Payson, Salt Lake, Provo, and St. George.

The amendments carried in 1930 by majorities of from 5,000 to 9,000 votes. The duty of preparing laws to make effective the arnendments was placed on the Board of Equalization of which I waschairman. Upon Hammond and myself devolved the duty of drafting the laws.

A special session of the Legislature in 1931 was called to consider the tax revision laws.

After the battle was over the Legislature had passed an individual income tax law, acorporation income tax law, a law creating a Tax Commission with enlarged powers, and several minor laws to carry out the amendments, amongwhich was the $5.00 school equalization law.

T h e governor appointed myself, Hammond, George A. Critchlow, a Salt Lake attorney, and Howard Leatham of Cache County as the first Tax Commission and designated me as chairman. The Senate refused to confirm any of us-just a political trick for which the public generally condemned the Republican majority. Afterwards, certain senators asked to be reconvened at their own expense to confirm the appointments. The governor refused and made recess appointments. . . .

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The State Symbols of Utah WHETHER IT'S A FLAG, A SEAL, A COAT OF ARMS, A MASCOT, OR A COMPANY LOGO, IT'S A SYMBOL. SYMBOLS ARE EVERYWHERE.

Embroidered silk flag presented to Gov. Heber M. Wells in 1903 by the Utah State Society Daughters of the Revolution. Courtesy of Special Collections, University of Utah Library.

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BY LINDA THATCHER

The use of symbols is universal. Cloth woven with a certain arrangement of colors and lines becomes a tartan representing a Scottish clan. A white flag with a red circle in the center stands for Japan. A cougar symbolizes the athletic teams of Brigham Young University. A Russian wolfhound or borzoi is the trademark of book publisher Alfred A. Knopf. Symbols are everywhere, and the state of Utah has its share. How they came into official use is probably not known by most Utahns, but each one has an interesting history.

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State Seal The official state seal was adopted on April 3, 1896, when Gov. Heber M. Wells signed "An Act Describing and Providing for the Great Seal of the State of Utah" (see Constitution of Utah V1I:PO). T h e state seal was, according to the most accurate accounts, designed by Harry Emmett Edwards in 1896.

Born in Ottawa, Canada, around 1862, he lived in Chicago for three years before moving to Utah in about 1893. In Utah he worked as a bartender for the Hogle Brothers and later became associated with the Onyx Bank. his he had forma1 art training but was a member of the

National Society of Artists. He joined the Argenta Chapter of the Masonic Lodge on November 3,1897, where he listed his occupation as "artist." He left Utah in about 1898 for the Klondike where he accumulated a fortune but lost it all in a fire in the Yukon. He died January 24, 1930, it is believed, in San Diego, California.

Watercolor of the state seal by Harry Ernrneit Edwards, 1896. USHS co~~ections.

befbre the Mormon settlers turned to it for sustenance and serves today as food for rodents and other animals.

State Flag The Utah state flag, as we know it today, was made the official flag of U tah when Gov. William Spry signed House Joint Kesolution 1 in 191 3 (Utah Code 63- 13-5).

'The original state flag was presented to G o v .

Heber M. Wells in 1903by the Utah State Society Daughters of the Kevolution. According to the organization's minutes, Governor Wells asked the group to make the first state flag. The flag was made of Utah silk and embroidered by Agnes Teudt Fernelius. Each member of the USSDK contributed one dollar to help pay for it.

On October 16, 1903,it was reported at their meeting "that a mistake had been made in drawing the seal of our state on the flag which had been presented to the Governor of Utah in May last.

The matter was then discussed at length after which a print of the state seal was examined to see where corrections should be made." It was found that "the flag made by Our Society which had been presented to and accepted by the Governor and his staff was in reality only the Governor's regimental flag. A state flag would in compliance with an act of the State legislature have to be made under direction of'or by approval of said legislature."

Artist H. L. A. Culmer, left, helped with the design of the first state flag, which was presented to Gov. Heber M. Wells, right. USHS collections.

According to the Utah Code (1953 67-2-9 which has since been repealed), "The great seal of the state of Utah shall be two and onehalf inches in diameter, and of the following device: T h e center a shield and perched thereon an American eagle with outstretching wings; the top of the shield pierced by six arrows crosswise; under the arrows the motto "Industry"; beneath the motto a beehive, on either side growing sego lilies; below the beehive the figures "1847"; and on each side of the shield an American flag; encircling all, near the outer edge of the seal, beginning at the lower left-hand portion, the words "The Great Seal of the State of Utah," with the figures " 1896" at the base.

The sego lily is the state flower of Utah.

USHS collections.

State Flower

The sego lily (Ca1ocIwrtu.snuttallii) was made the official state flower of Utah on March 18, 1911,when Senate Bill 225 was signed into law by Gov. William Spry (Utah Code 63-13-6).The bill was introduced by William N. Williams, according to Heart Throbs of the West (2:226), after a census was taken of the state's schoolchildren as to their preference for a state flower. The sego lily grows six to eight inches high on open grass and sage rangelands in the Great Basin during the summer months. This member of the mariposa family typifies the lilies, with sepals, petals, and stamens in combinations of three with ivorycolored petals which may be tinted from yellow to pink. A horizontal bar of darker color crossesthe base of each petal within the flower cup.

The flower is important to Utah not only for its beauty but because the bulbs were eaten by the early Mormon settlers during their first winter in the valley when food was scarce. The bulb, which is walnut-sized, was also eaten by the Indians

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They then took the flag to H. L. A. Culmer, a local artist, "and had him correctly draw according to the proper perspective as nearly as possible the design of the State Seal on the before mentioned flag after which it had been taken to Z.C.M.I. to be embroidered and further that it would be completed for inspection at the March meeting."

The governor wrote to them, "It will be my pleasure to display this flag upon every important occasion where the Governor's flag may be required, both at the World's Fair in St. Louis in celebration of the Louisiana Purchase and elsewhere during my incumbency."

This flag was used until 1913. In 1912 a second flag was commissioned by the Sons and Daughters of Utah Pioneers to be presented to the battleship Utah. It was made by an eastern firm. When it arrived it was found to have a gold circle around the design. Through the efforts of Annie Wells Cannon the new flag was adopted by the Utah State Legislature. According to the Utah Code (63-13-5): The state flag of Utah shall be a flag of blue field, fringed, with gold borders, with the following device worked in natural colors on the center of the blue field: The center a shield; above the shield and thereon an American eagle with outstretched wings; the top of the shield pierced with six arrows arranged crosswise; upon the shield under the arrows the word "Industry," and below the word "Industry" on the center of the shield, a beehive; on each side of'the beehive, growing sego lilies; below the beehive and near the bottom ofthe shield, the word "Utah," and below the word "Utah" and on the bottom of the shield, the figures "1847"; with the appearance of being back of the shield there shall be two American flags on flagstaffs placed crosswise with the flags so draped that they will project beyond each side of the shield, the heads of the flagstaffs appearing in fiont of the eagle's wings and the bottom of each staff appearingover the face ofthe draped flag below the shield; below the shield and flags and upon the blue field, the figures " 1896"; around the entire design, a narrow circle of gold.

State Tree The blue spruce (Piceapungens)was chosen by the Utah State Legislature on February 20,1933, to be the state tree (Utah Code 63-13-7). Adoption of the blue spruce as ~ t a h ' official s tree was made in record ;me after the bill, sponsored by the Utah Federation of Women's Clubs, had been introduced with the urgent request that it be passed before the Colorado legislaturecould pass a similar bill making the blue spruce that state's official tree. Although the blue spruce is not plentiful in Utah, it is found in the Wasatch and Uinta mountains at elevations between 6,000 to 11,000 feet. It can be transplanted successfully and is widely used as an ornamental tree. Its foliage is generally silvery blue in color and has the ability to withstand temperature extremes and drought.

The blue spruce is not a large tree, ranging from eighty to one hundred feet in height and one to two feet in diameter. Under optimum conditions, a blue spruce may reach a maximum of one hundred fifty feet in height and four feet in diameter. The wood is of little commercial value, as it is brittle and knotty. The chief use of blue spruce is for ornamental landscaping of homes, schools, and public buildings.

State Song "Utah We Love Thee" was first selected as the official state song in 1917 when Senate Joint Resolution 4 was signed by Gov. Simon Bamberger. It was resubmitted in 1937 by Mrs. A.C. Lund, a member of the Senate from Salt Lake

Evan Stephens, USHS collections.

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Columbia's newest star, Utah, we love thee!

Thy lustre shines afar, Utah, we love thee!

Bright in our banner's blue, Among her sisters true, She proudly comes to view, Utah, we love thee!

A P A T R I O T I C C H O R U S BY E. S T E P H E N S .

WRlTTLN W Z O I I U I FOR THE

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JANUARY, 1 8 0 8 .

HELD IN THE SALT LAKE TABERNACLE. --SAC.--

Sung by

1,000

Voices, Under the Direction of t h e Author.

County, and once moreadopted on February 24, 1937, when Senate Bill 38 was signed by Gov. Henry H. Blood (Utah Code 63-13-8).

"Utah We Love Thee" was written in 1895by Evan Stephens to be sung at the inauguration exercises when Utah became a state on January 4, 1896. He was born June 29, 1854, in Pencader, South Wales, and emigrated to Utah with his parents in 1866. A prominent local musician, he served as chairman of the music committee for the statehood program.

Utah, We Love Thee

by Evan Stephens

Land of the mountains high, Utah, we love thee!

Land of the sunny sky, Utah, we love thee!

Far in the glorious West, Throned on the mountain's crest, In robes of statehood dressed, Utah, we love thee!

Land of the Pioneers, Utah, we love thee!

Grow with the coming years, Utah, we love thee!

With wealth and peace in store, T o fame and glory soar, Godguarded evermore, Utah, we love thee!

State Bird The California gull (Larus ~ u l i j b m l z c ~be) came the official state bird on February 14, 1955, when House Bill 5 1was signed into law by Gov.J. Bracken Lee (Utah Code 63- 13-9).The bill was introduced by Kichard C. Howe, a member of the House of Representatives.

The gull was first protected under Utah law because it is an insectivorous bird (feeds on insects). It was protected along with the owl, hawk, lark, whippoorwill, thrush, swallow, snowbird, and any other insectivorous or song birds. 'The California gull was chosen as the state bird because it was credited with saving the pioneer's crops from complete destruction in the summer of 1848.

Chiefly found in the interior regions, the California gull breeds on inland lakes from Canada south to Mono Lake, California, Great Salt Lake, and Yellowstone Lake, Wyoming. It winters along the Pacific Coast and inland in Utah, rego on, and California. The mature California gull measures from twenty to twenty-three inches in length and has greenish yellow feet, a medium gray mantle, and a bill with an orange spot near the tip of the lower mandible. The outer primaries are black, tipped with white, the first two with subterminal white spots.

State Motto "Industry" officially became the state motto on March 4, 1959, when Gov. George D. Clyde signed House Bill 35 (Utah Code 63-13-11).

"Industry" is associated with the symbol of the beehive. The early pioneers had few material resources at their disposal and therefore had to rely on their own "industry" to survive. The word

"industry" appears on both the state seal and the state flag.

State Emblem 'The beehive (skep) became the official state emblem on March 4,1959, when Gov. George D. Clyde signed House Bill 34 (Utah Code 63-1310). 'The beehive is one of the most enduring Mormon symbols, having been mentioned in the Book of Mormon: "And they did also carry with them deseret, which by interpretation, is a honey bee; and thus they did carry with them swarms of bees. . . " (Ether 2:3).The word "deseret" is also associated with the beehive symbol.

Utahns relate the beehive symbol to industry and the pioneer virtues of thrift and perseverance. 'The beehive or skep was chosen as the emblem for the provisional State of Deseret in 1848and was maintained on the seal of-theState of Utah when Utah became a state in 1896. Utah is nicknamed the "Beehive State."

State Gem The topaz became the official state gem for Utah on February 4, 1969,when Gov. Calvin L. Rarnpton signed House Bill 6 into law (Utah Code 63- 13-7.1).The sparkling little crystals are found in the gray rhyolite cliffs of Topaz Mountain in the Thomas Mountain Range in Juab County where they were formed thousands of years ago. Golden or light brown in color, the topaz crystals occur in pockets in the rocks and usually turn colorless after exposure to sunlight.

Utah topazes have little commercial value but are sought after by gem and rock collectors as specimens.

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State Animal The elk (Ceruus canadensis) was made the official state animal on February 1, 1971, when Gov. Calvin L. Rampton signed Senate Bill 18 (Utah Code 63- 13-7.2).The elk is a hoofed mammal with antlers that are shed each year. The bull elk averages six feet in height, nine feet in length, and may weigh as much as 750 pounds. The females are smaller than the males and lack antlers. The elk once roamed widely but are today primarily mountain dwellers during the summers; they winter in the valleys, eating grass, leaves, and twigs. In summer the elk are a light brown with darker head and limbs,a buff colored rump, short hair, and a slight mane. In winter they are a grayish brown color with dark head and limbs, buff colored rump, and a darker and longer mane. The calf is primarily brown with light spots until early fall.

State Fish The rainbow trout (Salmo gairdneri) became the official state fish on February 1, 1971, when Gov. Calvin L. Rampton signed Senate Bill 19 (Utah Code 63-13-7.3).An important game fish, the rainbow trout is not native to Utah but is indigenous to those waters which flow into the Pacific Ocean from Alaska to northern Mexico.

Rainbow trout usually weigh from one to four pounds, averaging two pounds in Utah. The smaller rainbow trout feed primarily on insects, while the larger trout feed on small fish. Olive to greenish blue in color on top and silver on the bottom, the rainbow trout has a prominent red or pink streak along each side and distinct black or brown spots.

Rainbow trout thrive in lakes and streams below 7,000 feet. In Utah, as in other parts of the United States, rainbow trout are stocked on a put-and-take basis. That is, the fish which are stocked, rather than the offspring, are the ones caught by the angler. Becauseof the way troutare stocked, the number of fish in a stream is determined by the capacity of the hatcheries, funds available, and the fishing pressure to which they are subjected.

"Utah is nicknamed the 'Beehive State.' "

State Insect The honey bee (A@ mllzfem) was made the official insect for Utah when Pov. Scott M. Matheson signed Senate Bill 216 into law on March 16,1983(Utah Code 63-13- 11.5).The bill was introduced by Sen. Fred W. Finlinson because of the lobbying effort of the fifth grade class of Ridgecrest Elementary School in Salt Lake County as part of a class study project on the insect and on how state government works.

The honey bee is significant in Utah history, as Utah was first called by its Mormon settlers "The Provisional State of Deseret," a name derived from the Book of Mormon word meaning honey bee. When Utah became a territory in 1850, the Mormons were unsuccessful in their attempt to have the name "Deseret" retained.

Ms. Thatcher is a librarian at the Utah State Historical Society.

George Sutherland, Utah's Man on the U.S. Supreme Court I

AS CONGRESSMAN, SENATOR, AND SUPREME COURT JUSTICE, HE SUPPORTED CONSERVATIVE VALUES.

BY A N N BROOKHYSER

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George Sutherland, theonly Utahn toserve on the United States Supreme Court, was also a member of Utah's first state legislature and a U.S. congressman and senator.

He was born in Stoney Stratford, Buckinghamshire, England, on March 25, 1862, to .Alexander George Sutherland and Frances Slater. The following year the family immigrated to Utah.

Because Alexander moved around to many jobs - mining recorder, justice of the peace, postmaster, and attorney, young George's schooling was uneven at best. Then, at age twelve, he faced the necessity of having to earn his own living, a fairly common experience for boys and girls at that time.

At age sixteen, however, George was able to

who took for his own use Spencer's

Sutherland left Brigham Young Academy in 1881. After spending a year studying law at the University of Michigan, he was licensed in March 1883 to practice law in that state. He married Rosamond Lee during the summer of 1883. Their union lasted nearly sixty years and produced two daughters and a son who died in childhood. After his marriage he joined his father in a law practice in Provo. Then in 1894 he helped to organize the Utah State Bar Association.

Political Debut Sutherland made his political debut at the age of eighteen when he served as secretary for

U.S. Supreme Court Justice George Sutherland. USHS collections.

the Liberal party convention in 1880. The Liberal party had been formed in 1870 partly as a response to the growth of Mormon business cooperatives. In addition to opposing Mormon economic policies, the party sought to prevent Utah's achieving statehood until polygamy was abolished. When the Manifesto issued by Wilford Woodruff in 1890 ended church-sanctioned polygamy, the Kepublican and Democratic parties were organized in Utah and Sutherland became a Kepublican.

Utah was admitted to the Union onJanuary 4, 1896. Sutherland had won election as a Republican to the new state legislature. He was chairman of the Senate Judiciary Committee and a memberof such importantcommittees as Education, Labor, and Rules, among others.

In the advancement of his political career, Sutherland seemed to benefit from the religious split in the state. As a non-Mormon he had appeal for those voters who opposed the church. On the other hand, he was not an anti-Mormon. He had attended Mormon schools, could claim Mormon friends, and had never opposed the church to any great degree.

Not identified with either faction in the Republican party, he drew votes from both.

In 1900 Sutherland was elected to the U.S. House of Representatives. As Utah's only representative in the House, he was sensitive to the state's economic needs. For example, he opposed President Theodore Roosevelt's

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Photographs of George Sutherland depict highlights of his very active life. From left to right: at age 18 he was secretary of the Liberal party convention; in 1883 he married Rosamond Lee; in 1905 he was elected to the U.S. Senate. The pictures were published in the January 6, 1938, Salt Lake Tribuneon the occasion of Sutherland's retirement from the U.S. Supreme Court after serving sixteen years on the high court bench.

sugar reciprocity agreement with Cuba.

Roosevelt wanted to remove the duty from Cuban sugar. Sutherland argued against removing the duty from a product produced in abundance in the United States. It was important to him to maintain adequate tariff protection for Utah's sugar crop.

Sutherland was assigned to two House committees that dealtwith issues important to Utah - Private Land Claims and Irrigation. When the question of the disposal of arid lands came befbre Congress, he proposed the solution that was finally adopted- the sale of the land, with the proceeds going into a special fund for the development of irrigation facilities.

U.S. Senator Out of office in 1903 and 1904, Sutherland devoted time to his law practice. Then he successfully ran for Thomas Kearns's U.S. Senate seat in 1905.

While serving two terms in the Senate he supported a number of bills to improve the administration of justice. Although he was committed to reform of the federal judiciary,

Sutherland took a more conservative view of some of the social and political reforms advanced by the Progressive movement. He &d, however, support reform measures like the Pure Food and Drug Act. One of his most significant contributions in Congress was his support of the woman suffrage amendment to the Constitution. In the Senate he was the acknowledged leader of those fightingon behalfofwomen. His support of voting rights was to him simple justice: "Any argument which I may use tojustify my own right to vote, justifies the right of my wife, sister, mother, and daughter to exercise the same right."

During Woodrow Wilson's administration a chief interest of Sutherland was foreign policy. He advocated astrong diplomacy that called for an assertion of American rights. Wilson's pacifistic, cautious approach earned his contempt. Sutherland stated that instead of the government warning American citizens to exercise their rights in foreign countries at their peril, the government should issue a warning to foreign countries tointerfere with American rights at their peril.

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individual rights he had previous y u p eld. In United States i.Macintosh he ruled that a person who conscientiously objects to bearing arms cannot be given citizenship.

Sutherland was unable to win reelection to the Senate in 1916. He lost to William H. King in the Democratic landslide of that year. But his twelve years in the Senate had made him a national figure. He was considered a leader in the Senate and praised for the clarity and power of his intellect.

From 1917 to 1922 Sutherland practiced law in Washington, D.C., and continued his criticism of Woodrow Wilson's administration.

In a speech he gave upon assuming the presidency of the American Bar Association in 19 17, he lamented the growing cc ntrol of' the federal government: "We are creating an army of official agents, governmental bureaus and all sorts of commissions to pry in to our affairs, smell out our shortcomings and tell US what we may and what we may not do."

The People's Law Sutherland conceived of the Constitution as the people's law. It was the only authentic expression of their political will. He believed it had oneand only one true meaning-that with which it was endowed at the time of its adoption. He also believed that its nleanirlg should not bechangecl to suit the whims of'those sitting onthecourt. Hegavethisadvice: "Iftheprovisions of the Constitution be not upheld when they pinch as well as when they cornfort, they 11ray as well be abandoned."

Appointed by Harding On September 5, 1922, President Warren G. Harding appointed Sutherland, an advisor during Harding's presidential campaign, to the U.S. Supreme Court to fill the vacancy left

by John H. Clarke's resignation.

During his sixteen years on the bench Sutherland consistently held to the conservative view. As an associatejustice he wrote 295 majority opinions and only 24 dissents. He constantly reiterated the themesof limited government, the nature and extent of political authority, the separation of powers, and dual federalism -the concept that federal and svate governments coexist, each supreme in its own sphere of power.

After one termon thecourtsutherland was asked to write a decision in the Adkins u. Chi1 dren's Hospital case. It concerned a minimum wage law for women in the District of C o l umbia. He wrote for the majority of the court that a minimum wage law exclusively fbr women was unconstitutional. In many cases government regu1ation Sutherland of business. In Tyson Brothers u. Banton he held unconstitutional a New York statute prohibiting brokers of theater tickets from reselling seats more than cents Over the office price. 'pinions ''pheld A number the rights of the individual. In Liggett Co. u.

Baldridge, for instance, he wrote the decision declaring unconstitutional a Pennsylvania law requiring drug store owners to be registered pharmacists. But in the interest of the country or for patriotic reasons he could disregard the

Secretary of George Sutherland in USHS co//ections.

Drawing by Steve Moore.

Sutherland was aware that as a Supreme Court justice his duty was not to decide if itself was right or wrong or whether the law should be in effect. That was the jot, Congress. The justices were to decide only the of the law. He said, "whether consritutionality the legislationunder review is wise or unwise is we have nothing to do, 7.he a matter with only legitimate inquiry we can make is whether it is constitutional.x On January 6, 1938, George Sutherland retired from the Supreme Court, He died on July 18, 1942,at the age of se=enty-six. With the of a liberal judiciary went the decli,3e of Sutherland.s prestige, Along with that came the repudiation of many of his majority opinions, Not all of his opinions were overturned.

Many remain that extend civil liberties or distribute power among the divisions of national government. His legacy endures because he left behind a coherent defense of traditional social values.

Ms. Brookhyser is curator of collections for the Utah State Historical Society Museum.

15

The center of the railroad history of Ogden, Union Station is the anchor at the foot of the 25th Street Historic District.

It presently is a convention center and railroad museum. Photoworks, Ogden, Utah.

City Planning in Ogden THE JUNCTION CITY HAS LOOKED FOR CREATIVE SOLUTIONS TO THE PROBLEMS OF URBAN GROWTH AND COMMUNITY NEEDS.

BY PATRICIA COMARELL AND FRED AEGERTER

Planning is often equated with vision, though some might call it "pie in the sky." Still others see it only as zoning. The object of planning generally is to provide a direction for decision making, to assure a continuous image of the city over time, and to avoid "reinventing the wheel" as the members of the City Council and Planning Commission change.

Planning in Ogden City has tried to encourage creativity and vision while dealing with complex land use problems brought on by change.

Ogden has a distinguished history. A junction city for the transcontinental railroad, it had and still has a greater diversity of population than the majority of Utah cities. It also has

the colorful history of 25th Street between Union Station and the Municipal Building.

This once-notorious street used to be a center for vice, including gambling houses, opium dens, and brothels. It too has changed.

In 1850 Brigham Young established the plan for Ogden, based on Joseph Smith's "Plat for the City of Zion." T h e city was surveyed by Henry Sherwood after it was incorporated in 185 1. T h e ten-acre blocks included ten oneacre lots. These lots provided space for houses, outbuildings, and food production.

Wide streets and the reversed frontages of lots were included in the plan. Sites were also set aside for a future tabernacle and tithing

yard and for three public squares. It is important to point out that no area was designated for commercial use with stores or offices. Most of the early restrictions on land use were either those set by church leaders or by laws prohibiting "nuisances." Within those restrictions the individual could do pretty much as he wanted with his land.

Development Begins Most of the development, both commercial and residential, occurred because of the competition between Mormon and gentile interests and centered around the railroadoriented businesses. When the gentiles gained control of Ogden City government in 1889, they immediately changed the names of the streets from names given by Mormon leaders to those of U.S. presidents - a signing that remains, in Utah, unique to Ogden.

Planning in Ogden and other Utah cities was affected by three national movements or events. The Parks Movement emphasized the need for open space in the city to enable people to recreate and enjoy the beauty of nature.

The design for New York City's Central Park in the 1850s is generally seen as the beginning of this movement.

The Housing Movement, which grew out of the concern for unhealthy, unsafe, and unsanitary housing in large cities, emphasized the need for apartments and houses with adequate windows for light and ventilation and small yards or courts where trees and other greenery could be planted.

The third event affecting planning was the Columbian Exposition (World's Fair) in Chicago in 1893. The architects of the fair tried to design the buildings and landscaping to show that cities could be beautiful as well as functional. The design of the fair spawned the City Beautiful Movement which created a new emphasis on aesthetics and massive government buildings and, ultimately, encouraged local government planning.

Zoning Legislation The Model Zoning Enabling Act, issued by the U.S. Department of Commerce in 1922, was seen as a means of addressing some of the concerns raised by the Parks, Housing, and City Beautiful movements. When the Utah State Legislature adopted this model act in 1925, zoning was born in Utah. Ogden City adopted zoning in 1931.

From 1931 to 1946 zoning in Ogden reflected a city of single-family homes, railroad

The A. J. Warner house in Ogden was recently rehabilitated with the assistance of a Federal Investment Tax Credit. Now used as office space, the refurbished building has spurred the rehabilitation of neighboring structures.

Photoworks, Ogden, Utah.

villages, and businesses close to the railroads.

A notable exception was 25th Street which was basically left alone until 1951.

Even after zoning had been established for almost two decades, little planning had been accomplished beyond that of the early settlers.

The three public squares originally set aside had been developed as parks, and some major public and institutional buildings had been constructed - the library, city hall, railroad station, and Weber Stake Academy (later Weber State College). Little effort had been made to look at the overall development of the city.

Comprehensive planning was lacking.

Problems of Growth Problems began to develop as the city's population grew. Ogden changed from an agricultural village to an urban place. T h e large, one-acre lots were divided, leaving some long, deep lots with houses set near the street. Because most residents no longer grew their own food, the centers of blocks were often empty spaces overgrown with weeds.

New principles of neighborhood planning questioned the wide streets, seeing them as divisive by keeping neighbors from interacting with o n e another. O t h e r principles emphasized the need to provide a central

fhcus for neighborhoods, usually by developing schools and parks together. When the City Beautiful Movement made its way to Utah, many local proponents in Ogden asked how the city could emphasize its natural surroundings of the mountains and the Great Salt Lake while making a unique image of its own.

T o address these and other planning issues, the city in 1946 established ajoint Planning Commission for Ogden City and Weber County consisting of ten members (three from the unincorporated areas of' the county and seven from the cities). Ogden also hired its first professional planner, George Smeath, a recent graduate of the city planning program ?t; the Massachusetts Institute of Technology. ,Itlzens Smeath set about establishing a C' : Planning Association colnposed of individuals with diverse interests. Their tasks were to talk about planning and determine the needs and problems of the county, to encourage and support the preparation of a long-range plan as a means of solving the problems, and to bring about through appropriate agencies the completion of planned projects.

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Planning Achievements I he three major accomplishmerits of the Citizens Planning Association and the Planning Commission were the relocation of' Weber State College, the emphasis on neighhorhoods and the dedication of park land, arid the Civic Center Plan.

Weber College, originally located in downtown Ogden, was outgrowing its space. T h e Citizens Planning Association encouraged the college to move out of' the central business district to the southeast section of the city, next to the mountains. This location would give the college room to grow and, at the same time, enhance the campus by the natural landscape.

Smeath and several architects drcw up the campus plan, indicating a possible design fin- a grand entrance and the location of'buildings.

Later, the McKay-Dee Hospital was built across the street. 'l'ogether, the two institutions have become the major design element of the southern part of' the city.

I he second effort made by planners was to develop schools And parks together to serve as focal points for the neighborhoods. Developers were required to donate a certain percentage (not to exceed 10 percent) of their subdivisions for park land. This concept, not uncommon nationally, did not become f'ashion7

able with local governments in Utah until the late 1970s when many of the cities in Salt Lake County were experiencing rapid growth and adopted the dedication of land, or fees in lieu of land, for cities to develop parks.

Civic Center Plan T h e Civic Center Plan (see sketch) reflected the City Beautiful Movement's concept of a strong central focus in downtown areas. It combined the proposed War Memorial Building with the LDS Tabernacle, a citylcounty building, a new bus depot, and Union Station - all in an effort to eliminate the blight of 25th Street. It was a difficult plan to sell, primarily because of the sordid image of 25th Street. The LDS church was reluctant to locate the new Tabernacle Square in the area and later chose to place the square at 22nd Street and Washington Boulevard.

The second factor was politics, always a part of planning. The new mayor, Harmon W. Perry, did not encourage planning and opposed full realization of the plan. Ultimately, Ogden City broke away from Weber County in its planning efforts, and Smeath resigned in 1948.

The efforts of George Smeath, the members of the Planning Commission, and the Citizens Planning Association laid a firm foundation for later planning in Ogden. Plans developed for Ogden neighborhoods have left their imprint on the well-developed street and park systems. The central business district and Weber State College serve as strong anchors in the center and southern part of the city. Many of those planning principles guided the city through the troubled 1950s to the 1970s.

The fifties and sixties saw commercial and manufacturing growth emphasized, sometimes at the expense of residential neighborhoods. The anticipated growth of government and fear that housing would not be adequate to meet the demand prompted the city to rezone the east central area to highdensity residential (52 units per acre compared to the common 25 units per acre in most cities -equivalent to a 13-story high-rise). This density was overlaid onto already developed, single-family housing. With little long-range planning or major planning project accomplished, zoning started to become rather erractic.

In addition to the altered zoning patterns,

the 1960s brought two major emphases in planning: (1) social and racial upheaval created a stronger interest in getting citizens involved in government, and (2) redevelopment agencies became part of the planning structure. Citizen involvement and redevelopment aims renewed interest in long-range planning in the 1970's. Neighborhood plans developed by area residents were recommended to the City Council for adoption, and a Master Plan for the city was developed.

Redevelopment Agency The Redevelopment Agency, formed in the seventies, addressed the problems of the central business district. A new mall in the center of the downtown area, south of Tabernacle Square, was built, signaling a revitalization of the central business district.

T h e type of planning changed during this period as well. Planners moved away from the grandiose schemes of the City Beautiful Movement, which were too expensive and sometimes impractical. Instead, the concern

"Plans developed for Ogden have left their imprint on the well-developed street and park systems. " was to guide development and, at the same time, provide options so that property owners felt encouraged to make developments happen. For example, the plan for downtown Ogden now looks like the Central Business District Plan, 1986 (see sketch), which emphasizes areas of retail/ financial, government, and historic focus. Within these guidelines the property owner can work with financial institutions and other business people to provide a building or a business that will enhance both Ogden City's image and its tax base.

T h e national bicentennial in 1976 marked a third major event that changed the direction of planning in Ogden. It generated renewed interest in maintaining visual reminders of our history. With impetus provided by the Junior League of Ogden, a preservation movement began within the city. A Preservation Committee researched what other cities were doing in terms of historic preservation

The Beginning of Fingerprinting in Utati AN AMNESIA VICTIM SPURRED RICHARD WOOTTON'S INTEREST IN FINGERPRINT IDENTIFICATION AND GAVE LAW OFFICERS A NEW CRIME-FIGHTING TOOL.

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BY RQBERT M, GRAY

It was a long step from the first efforts of fingerprinting in ~ t a in h 1917 to the established State Bureau of Criminal Identification of today. T h e Utah bureau is primarily the result of the efforts of Richard H. Wootton I Wootand the Utah State Po'ice The Eccles mansion, listed in the National Register of His ton directed the operations of the bureau toric Places, was built for the second wife of David Eccles.

It is now an art center and office space for community from its founding in 1927 he retired in groups. Photoworks, Ogden, Utah.

March 1949.

Richard Wootton was barn December 20, and laid a foundation for the city to establish a 188 1, in Midway, Wasatch County, Utah, Landmarks Con~mission.In addition, two where he lived for many years. After completNational Historic Districts were recognized by ing high school, he worked on his father's the National Park Service: the Eccles Subdivifarm during the summer months and hauled sion (Eccles was the founder of' First Security lumber and worked on railroad c~nstruction Bank) and 25th Street. the rest of the year, With the assistance of federal investment In 1912 he joined the Ogden City Police tax credits and job bill funds and the support Department where he worked as a patrolman of local banks, one-third of the buildings on

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25thStreethavebeenrehabilitatedtodate and house restaurants, offices, and specialty shops. At the end of the street, historic Union Station has become a conference center, a railroad museum, and the site of many festivals and other activities.

Finally, planning efforts have built on the successes of the neighborhood plans in the 1970s, and the city is developing a comprehensive plan for the future that addresses community identity and design, economic development, neighborhood revitalization, community facilities, energy, and transportation.

It is an exciting time to live in Ogden.

Ms. Comarell is assistant director of the Ogden Community Development Department. Mr. Aegerter is Layton City planner.

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fo'eightmanths*Hewasthenmadeapkincls@es man and won row to- &at rank of de:@ai~e, After a dase friend was elected sheriff of Weber County, Woottoa joined his wffinJanuav 1917 and there for four An iaaent d u h g that gzvt Wmtan an incedve to study finm~dfi*.

A young nian dreesed in a U.S. Army u n i f k was bmught intothe sheMs office

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nized the state's second fingerprint identification department.

By 1920 he had aroused the interest of law enforcement officers throughout Utah in the idea of establishing an association of peace officers on a statewide level. In 1921 he was successful in getting such an association organized, and he became its first president. This organization is now known as the Utah Peace Officers Association.

In 1925, at the request of Gov. George H. Dern and prison officials, Wootton accepted the position of deputy warden at the Utah State Prison where he immediately established the prison identification system. While at the prison he was able to further his research and widen his interest in the field of fingerprint identification.

In connection with his varied activities Wootton decided that a bureau would be very valuable to the law enforcement officers of Utah. At the next meeting of the Utah Peace Officers Association, he convinced the members of the need for a central department for keeping records and co~rdinatingidentification and investigation work throughout the state. The association appointed a legislative committee to prepare a bill for the next session of the Utah State Legislature. i

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cemeteryai+the roktal hodpita#-his idehtitY still unknown. Waotton was d h d by this incident, and he pro

of Chicago, which was a kading kkdentification

Ogden Peaice ~ e p ~ t and ~ still n t later as deputy warder^ t3f th& WU& Stare Prison.

!!ka$e Bur- C m & d House Bill 62 w a passed March 10, 1927, and was approved by the governor March 16.

Entitled "Creating a State Bureau of Criminal Identification and Investigation ," it provided for the bureau's organization, defined its powers and duties, and made an appropriation to carry out the provisions of the law. Wootton was appointed director, and he, with a typist, organized the newly created bureau.

It was decided that the fingerprint files at the prison should form the nucleus of the state colIecdon and should be transferred to offices in the Capitol. Unfortunately, there was no office space in the building, and a meager budget would not permit rental of space.

Wootton had to act quickly. Results had to be shown in order to convince the governor and the legislature of the feasibility of operating for the next biennium. A search s f the Capitol uncovered a site in the basement.

With the help of a custodian, Wooton cleaned and converted a dark hallway into an office. Next, the problem of supplying furniture and office fixtures, with no money in the

budget for such necessities, was faced. Dis" carded furniture was repaired, and soon the office was furnished and functioning well, considering the outlook a few days earlier.

After a fsew weeks of organizing office procedures, making corltacts with other agencies, and classifying, indexing, and cross-indexing fingerprints, the bureau started to show results.

Fortunately, Utah managed to escape one of the hazards that nearly wrecked other state bureaus. At the suggestion of the California bureau, the Utah legislature was urged to pass a law making it mandatory for all local police departments to cooperate.

Kecords from the State Prison, along with the hundreds sent in by identification bureaus and local police departments, gave the bureau around 10,000 criminal records. These were accurately and systematically classified, indexed, and cross-indexed so that, when filed, they were readily accessible to law enforcement personnel.

Habitual Criminals From within the state during the first year, 2,569 fingerprint cards were received, and of these, 505we1-eidentified and a report quickly sent back to the waiting police agency. During the same period, 1,619 fingerprint cards were sent into the bureau from out-of-state agencies. Of these, 98 were positively identified. At the end of the first year, the bureau had on file 16,755 name index cards and 2,987 criminal record cards on persons who had been arrested more than once. Already one of the principles upon which the bureau was formulated was manifesting itself -three-fourths of all criminals arrested were of the habitual type, operating within a limited environment.

Early success had made it likely that the bureau would stay in operation as a permanent state department. Many police officials welcomed the assistance offered them, and new coordination and cooperation between most local departments developed because of this service.

Wootton made recommendations to the governor, which, if put into operation, would have provided other services to the local police officer. He proposed that professionally trained criminal investigators be hired to investigate major crimes. They would assist cities and counties with smaller police departments in coping with specialized and

Fingerprinting captured the public imagination in the 7930s, no doubt spurred by such sensational crimes as the Lhdbergh kidnapping. On March 11, 1935, the Salt Lake Telegram opened its fingerprinting bureau.

organized criminals who operated in their districts from time to time. The investigator would be backed by the organized assistance of all the police agencies of the state.

Another recommendation called for a scientific laboratory to be attached to the state bureau so that all problems referable to the chemical analyst and ballistics expert might be quickly reported to the waiting police department. Unfortunately, due to a lack of funds, neither of these recommendations was carried out, and the bureau was compelled to carry on as best it could with its limited resources.

Crime Statistics The statistical section of the bureau was organized in 1929. Its function was to gather and systematize statistics on crime in the state.

With the cooperation of local police agencies, most of the city and county departments were soon sending in monthly reports of all offenses committed in their districts. The re-

ports were then consolidated and prepared into statistical graphs and charts showing crime trends in the state. Local police agencies used this information in their attack on crime in their locality.

The bureau grew rapidly, and its position as a permanent state function was established.

However, certain things still threatened its existence. Among these were the limited budget and the poor cooperation of some sheriffs and police departments. The Police Chiefs Association began an educational program aimed at interesting the uncooperative agencies in the value of scientific identification. This effort was quite successful. The state legislature in 193 1 recognized the growing value of the bureau by increasing its appropriation.

By 1938 the Utah bureau was functioning on an effective level but was far from the standard maintained by bureaus in more progressive states. Wootton repeatedly made requests for new services, equipment, and trained investigators to bring the bureau up to par. Denied many of these requested services, he

nevertheless put into operation a few of them on a very limited scale. The bureau likewise continued operating a few other services in effect before the depression on a skeleton basis. The limited operations of the laboratory were continued. It was possible to make simple tests - to identify bullets, to take latent fingerprints, to identify firearms, and to do photographic work.

The statistical division was compelled to continue with the limited system then in operation - recording the number of fingerprint cards and other identification data received and sent out. There was little value in this activity to the law enforcement officers of the state, but bureau personnel were being trained so that extended operations could be quickly adopted when additional funds became available.

The 1941 state legislature appropriated $19,000 for the bureau, a marked improvement over the previous years. The bureau was now receiving and processing more records than ever before, and in addition to this extra

service as an aid tiidentificition in case of an accident, loss of memory, kidnapping, or a disaster. USHS collections.

work, the many records already on file had to be continually processed in order to keep the bureau up-to-date.

During this period, 40,530 new fingerprint cards were received, bringing the total on file to 236,656, a remarkable figure considering the small population of Utah and the surrounding states. With these fingerprints the Utah bureau was able to identify 21 percent as persons having a prior criminal record.

Wartime Services World War I1 brought additional work. It also meant that the bureau would be in a position to offer a valuable service to the nation during this time of emergency. Federal agencies and defense plants immediately started to ask for reports on their personnel. T h e U.S. Army, Navy, Coast Guard, Marine Corps, and Merchant Marine sent in reports on all who enlisted from Utah. The bureau identified a number as ex-criminals.

During 1943 and 1944 the bureau received 44,74 1 fingerprint cards. T h e total number of records received on criminals was considerably less because so many men were in the armed services and others held highpaying jobs in war industries. Of those individuals arrested for criminal offenses, 23 percent were identified, compared to the previous 2 1 percent.

The bureau purchased a number of scientific tools to provide a greater service to the police agencies of the state. This crime detection equipment permitted the identification expert to aid the small police department in combating crime on a level similar to the highly organized department. Yet, the bureau still did not have the facilities it needed: laboratory equipment, facilities for microscopic and chemical analysis, firearm examination material, and equipment for other investigations.

Postwar Problems Wootton, a leader in the attack on crime in the Intermountain West, recognized and brought to the attention of the police officers of the state the number of violent crimes being committed. His assumption was that the aftermath of the war would result in a still larger number of such crimes. He urged the police to prepare for this increase. Information circulated to all police officials in the state through a monthly publication put out by the bureau.

In addition, Wooton gave a number of talks

on the subject. Many local police agencies were unable to cope with the problems they were now facing, let alone the expected increase. He proposed that the state establish, in addition to the existing services, some type of central law enforcement agency to cooperate with and coordinate the services of local departments. T h e proposed central agency would also give local police the benefit of trained investigators and up-to-date equipment for conducting scientific investigations.

T h e ~ t a hbureau starled preparing Sor the anticipated increase in crime and urged police officials to support the program Wootton had suggested. T h e Utah State Legislature in 1945 by-passed this recommendation, and the new program was not put into operation. It did, however, increase the appropriation to the bureau, giving it a sorely needed shot in the arm.

Though a budget cut was threatened after the 1948 election, the bureau received the sum of $35,000 for the 1949-51 biennium.

Wootton retired in March 1949, and James Faust took over as temporary director of' the bureau. He had been the assistant director for fourteen years and an important factor in the progress of the bureau.

Gov. J. Bracken Lee appointed Peter Dow, former head of the Utah State Highway Patrol, as director of the agency on April l , 1949.

Dow promptly went to work adding to the services organized by Wootton and other bureau personnel. Because of his affiliation with the Highway Patrol, he was well acquainted with police officials throughout the state. They cooperated well with him in working out a most satisfactory organization. Governor Lee took an interest in the bureau, frequently meeting with Dow and visiting the bureau office.

A new automobile was added to the facilities of the bureau, making it possible for personnel to visit local police departments throughout the state. These visits increased the cooperation of all police agencies in the state and gave the bureau an opportunity to widen its service to many departments. T h e future of the Utah State Bureau of Criminal Identification and Investigation at last seemed secure.

This article was originally published in volume 24 (1956) of Utah Historical Quarterly, p. 171-79. It has been shortened and edited slightly for publication here.

State salvage chaiman Ad. J. Greenwoodpresented distinguished service medals at ceremoniesin October 1945 to Minute Women leaders, left to right, Grace D. Wahlquist, Bertha E. S. Stevenson, and Edith S. Naisbiit. Salt Lake Telegram photograph.

The Salt Lake Minute Women THEY PLAYED A KEY ROLE IN RECYCLING THOUSANDS OF TONS OF STRATEGIC MATERIAL NEEDED TO FIGHT WORLD WAR II.

BY MIRIAM B. MURPHY

After the United States entered World War I1 in December 1941, the commitment to win a global war demanded that military needs come before civilian needs. A government agency called the War Production Board assumed general control over the nation's economy. It prodded businesses to convert their factories for military production and to expand their facilities. It also coordinated factory production schedules, controlled the distribution of scarce materials, and determined which civilian consumer goods could be manufactured without disrupting the steady flow of military supplies.

Many vital war materials were in very short supply. T h e war had cut off the supply of silk

from the Orient, for example, and Malaya, a prime producer of tin, was occupied by the Japanese. Recycling these scarce materials was one answer to wartime shortages.

T h e recycling effort was directed by the Conservation and Salvage Division of the War Production Board. Nationwide it enlisted the support of thousands of women and began to affect the lives of almost every American. In Utah, women volunteers directed salvage and conservation drives under the state arm of the War Production Board. T h e Women's Board of the WPB state organization was headed by Grace D. Wahlquist. Bertha E. S. Stevenson chaired the Salt Lake Minute Women, a dynamic group of over 1,500 women who super-

vised the collection of thousands of tons of strategic material for the war effort.

Fat, silk hosiery, and tin cans seem far removed from the explosion of bombs and artillery shells on World War I1 battlefields or the trauma of seriously wounded soldiers. But those household items were, in fact, vital in winning the war.

Fat for Bombs Housewives, butchers, and even deer hunters were enlisted in a drive to recycle the estimated two billion pounds of fat that were wasted every year. Animal fat, a key ingredient in soap, produced glycerin or glycerol as a by-product during the soap manufacturing process. Glycerin, in turn, was essential in making explosives. It was also used in lubricants, solvents, antifreeze, and medicines.

The list of products containing glycerin was almost endless. During the war, however, its use in such civilian products as toothpaste, chewing gum, and cosmetics was limited.

Silk also had an important military use.

Gunpowder bags for heavy artillery were made from it. Silk leaves no burning residue when a gun is fired, thus eliminating the need to clean the barrel before reloading.

Tin, used to coat steel food cans, had many wartime uses in, for example, bushings for machine-gun mounts; telephone, telegraph, and electrical circuits; gas masks; chemical compounds; and ammunition, blood plasma, food, and drug containers. Its most humane use was in the Syrette included in each soldier's kit. The Syrette consisted of a collapsible tube of tin attached toa hypodermic needle. It held a single dose of a pain-killing drug that a wounded man could use while waiting for medical help to arrive. By reducing the trauma or shock of a severely wounded man, the drug might save his life.

The Women Organize When the Salt Lake Minute Women held their first meeting on July 28, 1942, the immediate goals of the organization were to launch a; intensive campaign to educate the public on the need to save fat and to collect tons of scrap iron by January 1943.

T h e women organized themselves into committees and divided Salt Lake City into eight sections with a woman leader assigned to each area. The object was to have, through a system of volunteers on every block, continuous contact with every home in the city.

West High coeds Dona Davis and Florence Knott, standhg, recycled old keys, while Joyce Oklin added to the tin can collection during scrap metaldrive in November 7942.

Salt Lake Tribune photograph.

This person-to-person approach enabled the SLMW to recover salvage for the war from 46,000 households. It was undoubtedly the most effective means of reaching the general public.

On September 12,1942, some 600 women rallied in the Capitol Theater to prepare for a two-week scrap metal drive scheduled to begin September 14. Grace Wahlquist spurred the women with her, vivid oratory. "We cannot continue to live our complacent, easy lives of prewar years," she warned, "and still give our boys at the front the support they deserve."

This was a different kind of war, she told the women: "We do not have the power to visualize what is meant by a mechanical war where

machine fights machine, driven by human bodies. This fight cannot continue unless more materials are turned in to the factories."

Scrap metal weighing less than 100 pounds could be left on curbs for pick u p by city garbage crews. Heavier scrap was to be taken to a salvage center, if possible, or householders could call for a special pick up.

While the Minute Women were asking city residents to search basements, garages, and yards for any metal items not in use, the city's 30,000 schoolchildren were enlisted to comb vacant lots and empty buildings for scrap metal that could be recycled.

The drive succeeded in collecting 2,785 tons of scrap metal in two weeks (485 tons over the goal), with more coming in each day as crews followed through on pick-up calls and other workers dismantled old boilers and furnaces.

Meanwhile, two new projects were begun.

Deer hunters were asked to cooperate with the fat drive and turn in fat trimmed from their animals. Two and a half tons of deer fat were collected in Vernal alone. Deer hides were also wanted to make leather gloves for servicemen.

The second project aimed to collect a tin can a day from every family to reach the goal of 90 tons of tin cans per month. Six stores in the downtown area set up Save Your Tin booths to help publicize the drive.

Conservation Ideas 'The Minute Women planned to launch a major conservation campaign on Pearl Harbor Day. The program was outlined ata mass meeting on December 5 , 1942. In addition to the on-going crusade to save fat, tin cans and other scrap metal, rags, and old silk and nylon hosiery, the Minute Women were to present the idea of conservation to every home. Ride sharing, staggered shopping hours, and the exchange of outgrown rubber boots were among the ideas for saving gasoline and rubber. More important was informationconcerning voluntary meat rationing.

By limiting meat consumption to two and a half pounds a week for each person over age 12, and lesser amounts for ages 6 to 12 and under 6, the government hoped to avoid the compulsory rationing already in effect for gasoline, sugar, coffee, and some manufactured goods.

Considering the dietary recommendations of the 1970s and 1980s, which have deemphasized "red" meat, the two and one-half pounds

allowed individuals age 12 seems high. 'Fhis limit included only cuts of' beef, lamb, pork, and veal (liver and other organ meats were excluded from the limit). Dr. Kose H. Wicttsoe, chairwoman of' the State Nutrition C:ouncil, and Nancy Finch of the Salt Lake City Nutrition Committee coordinated the effort to inform consumers via the Minute Women of the variety of meat substitutes they could use poultry, fish, cheese, and dried beans, peas, and lentils. Despite vol~~ntary effixts to curb meat consun~ption,it was aclded to the list of rationed items.

Until the Minute Women program ended on September 30, 1945, the scrap drives continued. New twists kept the salvage effort from becoming routine and helped to publicize the drives. During one campaign to collect copper, fbr example, movie theaters offered free tickets to schoolchildren for every pound of copper they collected. On another occasion, Girl Scoutsand the Beehive Girlsofthe LDS church were enlisted to pick up fat from homes in their neighborhoods, while boys went door to door collecting tin cans.

All ages became involved in the scrap drives. One 71-year-old woman visited 85 f'amilies in her neighborhood and organized their children for collecting scrap.

The Salt Lake Minute Women divided the city into eight districts with a chairman supervising the activities of volunteers in each district. Carefulorganizationcontributed to the success of salvage efforts.

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Pot Ruri6ng in San Juan County

Other Goals Besides encouraging the conservation and recycling of scarce items, the home visits of the Minute Women were used for other purposes.

For instance in January 1943 the women were asked to help locate "clean rooms in respectable homes" for girls who would be coming to Salt Lake City to work in war-related industries. In April 1943 the Utah State Department of Public Welfare asked the Minute Women to cooperate by registering homes that were currently providing day care for children or were interested in doing so.

The Minute Women were also involved in planning for postwarjobs by surveying home construction and home improvement needs.

1)uring 1944 and 1945 the recycling drives emphasizecl paper and tin, although scrap rnetal, fat, and usable clothing and bedding for refugees were also in demand. Salt Lake City wcls one of 100 cities nationwide to enlist children as Paper 'Troopers. Each Minute Woman used the children in her block to deliver handbills urging that paper be saved, tcj ask if help was needed to bundle the papers. and to chec k bac k with residents who had not set their bundled papers out o n the curb for collection. Boys from Soulh, East, and West high schools were released from classes in January 1945 to collect paper from curbs and load 275 tons of it into eleven freight cars to be shipped to a mill for recycling.

Schools throughout the state competed in a tin can drive in March 1945. In Salt 1,ake City the top school was Uintah with an average of 134.42 cans per student, fvllowed by Whiltier with 125.40 and J u d g e Memorial with 1 17.05. The statewide winners were schools in Modena, Spanish Fork, and Herriman.

World War I1 united the American people as few other events bef-ore or since have. On the homefront, women and men, girls and boys showed their support by saving scarct materials needed by the military. Spearheading the many drives to collect scrap metal, fat paper, and other items were the Salt Lakt Minute Women and similar organization5 ide. Without their volunteer service ely forgotten today - winning the war have been much more difficult.

Ms. Murphy 1s the ed~torof Beehzwe Hztlory. This art~clr 1s based on the records of the Salt Lake Mlrlute Women Ir the collections of the Utah State Historical Soc~etvl~brarv

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PRESERVING THE PAST REQUIRES THE COOPERATION OF RESIDENTS, ARCHAEOLOGISTS, AND OFFICIALS.

BY B H t 77 SHUM WA Y

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Anasazi corrugated vessel from Westwater Five Kiva site near Blanding. Antiquities section photograph, USHS collections.

Looters pit near Natural Bridges National Monument in southeastern Utah. Antiquities section photograph.

USHS collections.

sure. It is estimated that in San Juan County, Utah, alone, 17,000 known Anasazi sites date from about A.D. 700 to 1275.

T h e excavation a n d retrieval of these ancient Indian artifacts has created a controversy that has divided the residents of' San Juan County, for the buried culture of the Anasazi has long been a target of many people and for many reasons.

Winston Hurst, archaeologist for the Edge of the Cedars Museum, says that the pot digging began when the Ariasazi (a Navajo word meaning "ancient ones") themselves began digging for the pots. Hurst states that in the process of surviving the Anasazi reoccupied old locations. They dug u p graves ant1 apparently took jewelry and other things from burial sites.

It was not until the 1890s that modern pot digging got its start. C:owboys and some Holein-the-Rock settlers tried digging fbr pots, but when they found it did not earn them much money, they devoted their energy to other things.

I n 1890, a n d later in 1906, Kichard Wetherill, a trader and adventurer, came into the Four Corners area and became the first

large-scale comniercial artifact retriever.

I hirty men with teams brought wagonloatls of' pots, baskets, and stone out of Pueblo Bonito, Mesa Verde, Grand Gulch, and other major Anasazi sites.

B e f o r e t h e developriient of scientific archaeology, Wetherill was a legendary f i g ~ ~ r e and supplier to museums of the remnants of vanished s o u t h w e s t e r n civilizations. H e named most o f t h e sites he found, mappecl the entire area, explored, and painstakingly inspected two hunclred fifty miles of' clif'fs.

Wetherill was consiclered o n e of the first archaeologists. Paratloxically, however, he is also considered to have been one of the first notorious vandals.

In the 1920s San J u a n residents began s~~pplernenting meager incomes b y trapping fbr pelts and hunting antelope a n d other game for food. About that time, the Uliiversit y of Utah, represented by archaeologist Andrew Ken-, offered ranchers $3.00 for an Anasazi pot o r basket - an attractive sum then. All interested ranchers were given free reign by Kerr to dig anywhere. As a result, niany of Blancling's residents began to dig seriously for artifacts. ?

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Winston Hurst says that when Kerr left, he was replaced by another University of Utah archaeologist, Julian Steward, who was appalled at the unsupervised looting that Kerr had encouraged. Steward tried to organize the pot hunters into an excavation team. Unfortunately, according to Hurst, Steward was well meaning but unable to communicate what he was doing to the ranchers. Hurst also claims that the local contempt for archaeologists dates from the Kerr-Steward era and their bumbling archaeology.

For three generations many of Blanding's residents dug in surrounding Indian ruins and excavated Anasazi artifacts. It was a family tradition. The art of pot digging was taught to the children by their fathers. Camp outs, picnics, wood-gathering expeditions, and mining activities also included arrowhead hunting and pot digging.

By the 1970s the Shumway family, one of the most prominent and respected families in the county, had accumulated a vast number of Anasazi vessels, baskets,jewelry, and lithic implements, as had many other Blanding families. Many families collected Anasazi artifacts for the aesthetics, displaying the pots in their dens and living rooms.

Even though pot hunting has been a tradition in many prominent families since the early 1900s, such unauthorized collection of antiquities on federal lands has been illegal since 1906. Many collectors try to protect themselves by arguing that their collections have been taken on private land and therefore are legal.

In 1979 Congress passed the Archaeological Resources Protection Act. This act states that archaeological resources on public and

Vandalized Anasazi kiva in Butler Wash west of Blanding.

Antiquities section photograph, USHS collections.

Indian lands are an irreplaceable part of the nation's heritage and, as such, are increasingly endangered because of their commercial attractiveness. A fine of up to $20,000 and two years in jail, or both, can be given if convicted.

The act also outlaws buying or selling illegally obtained artifacts. This law angered many San Juan County residents, because it made them criminals for doing what they had done for three generations.

With the decline of the economy in San Juan County in the 1970s and 'BOs, Anasazi pot hunting increased because it became so lucrative. Private collectors and museum curators will pay large sums of money - up to $10,000 - for an Anasazi basket or vase.

" .. .if the plunder of Anasazi artifacts continues, none of the ruins in the Four Corners area will remain unspoiled."

Many federal officials fear that within a few years, if the plunder of Anasazi artifacts continues, none of the thousands of Anasazi ruins in the canyons and cliffs of the Four Corners area will remain unspoiled.

The quantity and the value of the information that lies out there is unmatched in North America. It is being destroyed. There is no telling how much is being lost every day. But with the stakes so high, ruin raiders are becoming more sophisticated. Experts contend that the vandalism today is more calculated and more destructive than it was in the past.

One of the largest sites in Utah is Alkali Ridge with over two hundred structures.

Eighty percent of these sites are completely disturbed - churned up by shovels and flattened by backhoes. "No one worries about the casual collector of arrowheads or the weekend amateur who has a genuine interest in local history," says Jon Muller, an anthropologist at Southern Illinois University. "It's the commercial diggers who couldn't care less about archaeology. They are only interested in the money."

With the increased digging, the war between the pot hunters and the authorities has escalated over the past few years. Stepped-up law enforcement policies have tried to address the problem of antiquities theft. In November 1984, then Governor Scott Matheson created a task force to propose state resolutions to vandalism. Brent Ward, U.S. attorney for Utah, was unaware of the problen~but hy March 1985 was attacking it: "We are creating an eight-member law enforcement task fhrce to apprehend dealers," Ward said.

Because of the 650-square tnile area of San Juan County, law enfi~rcementhas been nearly impossible. There are not enough officers to patrol the area. Not a single conviction has taken place in the last five years.

'The war between the pot hunters a n d the law enforcement agencies is not the only war brewing. Local residents of San Juan C:ounty also resent the professional archaeologists.

Many residents contend that the archaeologists themselves are taking advantage of their positions to gain possession of Indian relics.

In many cases the reports of scientific information were not returned to o r left in San Juan County - the place of origin. Local residents recall two instances in which research and artifact collecting took place, and none of the information or artifacts has ever been returned to San Juan County. T h e University of Sweden came a few years ago and carried away valuable materials with the permission of the federal government agencies. Also many years ago Brigham Young University took truckloads of pottery from the Blanding area.

These artifacts supposedly are still boxed u p in the basement of a building at BYU. One ranger at the Edge of the Cedars Museum has said that probably 95 percent o f t h e relics that have been excavated have not been returned to San Juan County.

No matter who is to blame for the plundering of ruins and the stealing of priceless artifacts, the problem remains of what to d o about it. T h e solution will not be a simple one because much is at stake and residents and government officials are involved.

T h e formation of a task force has been a way of trying to get input from everyone concerned.

The Task Force On *rchaeological Preservation was formed in January 1985. Local residents a n d government

officials met to discuss the problems of' archaeological preservation. Many specific solutions were recommended that would help put an end to the vandalism and still make the local residents proud of the artifacts they have collected over the years. Some of the suggestions were:

1. There is a need for some framework within which "average people" (meaning folks who don't have a degree in archaeology) can dig sites on public lands and keep what they find.

2. A framework should be developed within which local people could be hired to work on archaeological projects. Reference was made to not only the need fin- jobs but to the extensive experience and intinlacy with the land and the archaeology that many local people have to offer.

3. Digging should be decriminalized. Good farnily people have been nlacle criminals by legal definition for doing sonlething that they were taught by their parents to do.

4. A formal system should be established that requires all archaeological collections to be kept in the local area.

5. A local research center should be established to collect data from archaeological findings and display artifacts.

T h e Anasazi sites, artifacts, and scientific reports are of true value to the residents of' San J u a n County. San Juan residents are interested in preserving the past. They ask that the professional archaeologists fhrget rurnors and hearsay as they forget some of the inappropriate sites that have been excavated but not reported in a professional manner. They say, let us work together fbr improvement in all areas of archaeological research on all southeastern Utah Anasazi land.

Mr. Shumway's paper tied for first place in the Senior Division Ibr Research Papers o f t h e Utah History Fair in the spring of 1986. He received a cash award of $62.50 (as did the other first place senior winner) from the Charles Kedd Center for Western Studies at Brigham Young University. T h e co-winners also received one-year full tuition scholarships to Utah State University. A resident o f Blanding, Utah, Mr. Shurnway was a senior at San Juan High School when he wrote his prizewinning paper. It is based on interviews and a variety of published sources.

Leff: Anasazi red ware from the University of Utah's Glen Canyon excavations - a prized artifact of looters.

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Anlasazliartifacts represent a scientlfic and aesthetic her1tage that belongs to all Ameritzans.

k b w : Anasazi cormgated vessel exposed duringforrnal excavation of Westwater Five Kiva.