Category Archives: History

The Law of the River: Compact and Development


This is the first in a series of blog posts that will explore records held by the Utah State Archives that help illuminate the story of Utah’s role in the larger western movement to tame and develop the Colorado River as a vital resource in the arid west.


The Colorado River Basin

The Colorado River originates in the high Rocky Mountains of Colorado, before making its 1,750-mile journey to the Pacific Ocean, emptying at the Bay of California. Along the way it gathers run-off from a drainage basin 244,000 square miles in length, carves out the dramatic cliffs and canyons of southeastern Utah and Arizona’s Grand Canyon, and carries a silt load higher than any other river of comparable size.

Map of the Colorado River Basin made by the Bureau of Reclamation in 1922 (series 13912).

Map of the Colorado River Basin made by the Bureau of Reclamation in 1922 (series 13912).

The Colorado is an international river, draining water from seven western states, (Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada, and California) as well as Mexico. Moving from the highest peaks of the Continental Divide down to the low, arid deserts of the Sonoran and Mojave, the Colorado River is a vital artery running throughout some of the American southwest’s most spectacular (and unforgiving) landscapes.

For much of human history, the Colorado River, and its tributaries, have served a vital role in providing life-giving water to the region’s inhabitants. Many Indian tribes of the southwest practiced dry farming and simple irrigation techniques using scant available water resources. This model was later expanded on by white settlers in the region, particularly the early Mormon settlers of Utah.

The Colorado gained some measure of national celebrity from the famed expeditions taken down it by John Wesley Powell, first in 1869 and again in 1871-1872. These scientific trips gave Americans a better sense of the canyon country frontier, as described vividly by Powell, as well as providing Major Powell with some sense of the harsh environmental realities imposed by the arid deserts of the southwest.

California’s Thirst

The story of the Colorado River in the 20th century, a period when it would become the most legally regulated river on Earth, begins with the explosive population growth witnessed in Southern California at the turn of the century. Water projects that carried water from California’s Owens Valley helped fuel tremendous growth in Los Angeles and the San Fernando Valley.

Fields in California's Imperial Valley irrigated with Colorado River Water (EPA photograph from Wikimedia Commons).

Fields in California’s Imperial Valley irrigated with Colorado River Water (EPA photograph from National Archives and Records Service).

Similar efforts to carry (and control) Colorado River water to the famously dry Imperial Valley for irrigation and flood control raised serious questions among all of the western states in the Colorado River Basin. The legal history of water in the west had placed water rights under the provision of prior appropriation. Simply put, the first to develop a water right was the first to own it: “first in time, first in right.”

What if California’s rapacious, and seemingly unending, thirst lay claim to the bulk of available Colorado River water, and blocked anyone upstream from making later use of it? What if earthworks built by California to tame unpredictable floods from the Colorado locked in place an inequitable infrastructure, forever in favor of the Golden State?

With these fundamental questions in mind, representatives from the seven basin states (as well as U.S. Commerce Secretary, Herbert Hoover) met on January 26, 1922 and began work on an expansive interstate compact to regulate and share the Colorado River among all of its interested parties.

Negotiating a Compact

In the eleven months between January and November, 1922 multiple meetings were held that would culminate in the Colorado River Compact. Over the course of its legal history, the various compacts, agreements, and legal decisions that have been placed on the Colorado River have come to be known as “the Law of the River.” In this regard, the Colorado River Compact is the backbone that serves to connect everything else together.

Utah’s representative to the 1922 negotiations was State Engineer, R.E. Caldwell, having been appointed by Utah Governor Charles Mabey. Records from the State Engineer documenting Caldwell’s work on the Colorado River Compact (as well as other river-related records from the office) are held by the Utah State Archives in series 13912.

Utah's copy of the Colorado River Compact (series 20221).

Utah’s copy of the Colorado River Compact (series 20221).

The major provisions ultimately agreed to in the Colorado River Compact were unique, and critical in dictating all future development made on the river.

The first of these provisions was the decision to effectively create two separate artificial basins within the larger Colorado River Basin. The Upper Basin was to consist of the mountain states of Wyoming, Colorado, Utah, and New Mexico (the states that provide the bulk of the flow to the river). The Lower Basin was formed from Nevada, Arizona, and California. The line of demarcation separating these two units was designated at Lee’s Ferry in northern Arizona.

A second consequential provision of the compact stipulated how much flow from the river each basin was eligible to claim. Calculations for the Colorado’s annual flow were taken from dubious readings maintained by the Bureau of Reclamation during a multi-year period that saw the river rage higher than at any other point in its recorded history.

Based on these flawed Bureau estimates, the flow of the Colorado River averaged 17.5 million acre-feet of water annually. The Colorado River Compact stipulated that 15 million acre feet of this share was to be divided equally between the Upper Basin and the Lower Basin. The Lower Basin was awarded an additional 1 million acre feet under the threat that its representatives would walk away from the negotiations without that bonus allotment. The final 1.5 million acre-feet of flow was reserved for Mexico, a number that was cemented into law by an international treaty in 1944. It was left for the states within each basin to determine the percentage of their allotted flow that would go to each state.

Delayed Ratification

00200_Undated_WaterAllotmentMap

Water allotment map showing the Upper and Lower Basin’s (series 200).

Each member representative from the compact negotiations signed the accord and returned to their respective state, leaving final ratification of the compact to state legislatures or voters. In Utah, the Colorado River Compact was ratified immediately by the Utah state legislature during its 1923 session, and the compact was filed with the lieutenant governor, where it is currently found in series 20221.

The process of ratifying the agreement did not come easily for other states, however, as interstate squabbles arose over a host of issues. The most divisive of these occurred between Arizona and California, who couldn’t agree on how to divide the 8,500,000 acre-feet granted to the lower basin.

For six years the Colorado River Compact languished until the U.S. Congress intervened with passage of a bill that simultaneously provided a path for formal ratification of the Colorado River Compact, as well as authorized the Bureau of Reclamation to begin work on what would become the largest dam project on Earth, up to that point.

Boulder Canyon Project Act

The Boulder Canyon Project Act of 1928 paved the way for nearly a century of reclamation activity on the Colorado River that has left a decidedly mixed legacy. One major provision of this piece of legislation was to make the Colorado River Compact legally binding. It sought to do this by settling the feud between California and Arizona over their shared water allocation. Accordingly, California was limited in its annual diversion to 4.4 million acre-feet per year, while Arizona was granted 2.8 million acre-feet (leaving the remaining 300,000 acre feet in the lower basin to Nevada). The Boulder Canyon Project Act went on to say that the Compact would become legally binding upon ratification by six of the states, one of those states needing to be the compact’s biggest player, California. This was accomplished, in spite of the fact that Arizona (out of protest) refused to formally ratify the compact until 1944.

In 1927, the year before the Boulder Canyon Project Act was passed, the Utah legislature formally repealed their original 1923 ratification of the compact. This was followed, in 1929, by a second ratification of the Colorado River Compact by the state of Utah, as well as the creation of a Utah Colorado River Commission. This commission, whose records can be found in series 165, was made up of three members appointed by Governor George Dern, and tasked with representing Utah’s interest on all matters related to the Colorado River.

The second major provision of the Boulder Canyon Project Act, was a mandate to build the first major dam site on the Colorado River. The location chosen for this was in the Black Canyon near Las Vegas. Construction on the Boulder Dam (later renamed Hoover) commenced during the heart of the Great Depression, in 1931. Over the course of six years thousands of workers built massive diversion tunnels, rerouted the Colorado River from its bed, sunk the foundations for the dam at bedrock, and ultimately constructed a 726′ plug in the Black Canyon that could hold back up to 28,537,000 acre-feet of Colorado River water in the impounded area named Lake Mead.

Photograph of the Boulder Canyon Dam site before construction (series 13912).

Photograph of the Boulder Canyon Dam site before construction (series 13912).

The water held at Hoover Dam has served a variety of purposes in the ensuing decades. A canal built downstream (named the All-American Canal) carries water from the Boulder project west, into California’s Imperial Valley. The water of Lake Mead has been used for recreation, irrigation, industrial use, and municipal use in both Las Vegas and the cities that mushroomed in southern California throughout the 20th century. Hydroelectric power derived from the dam has played a pivotal role in growing the populations in one of North America’s most inhospitable environments. Electricity generated at Hoover Dam has helped build industry, attract tourism, and provide critical hydration and conditioned air in a region often devoid of both.

View from the Upper Basin

The Hoover Dam served as the first vivid example of what a massive, federally backed water project on the Colorado River could look like. Upstream, leaders of the Upper Basin states kept a keen eye on the tremendous growth in the Lower Basin spurred by the Boulder Canyon Project. In many ways, the dam provided a template for future projects in the Upper Basin, as well as providing incentive for the Upper Basin states to organize into a coalition, lest they eventually lose their allotted water share to future projects in the Lower Basin.

Evidence that developing the state’s Colorado River share was a pressing issue for Utah leaders is found in records kept by two different governor’s of that era. Governor George Dern (1925-1933) maintained a subject file on the Colorado River Compact (series 206) that reflect Utah’s interaction with other western states on Colorado River issues, as well as the negotiations and discussions that went on with the 1928 Boulder Canyon Project.

Dern’s successor, Governor Henry Blood (1933-1941), in turn, maintained a Colorado River correspondence files (series 22918), which contains legislative bills, resolutions, general correspondence, minutes and reports related to Utah’s earliest attempts to help devise an Upper Basin reclamation plans to assure its share of water as designated in the Colorado River Compact of 1922.

The Colorado River Compact and the Boulder Canyon Project Act provided the thread upon which all of the states in the Colorado River Basin would ultimately go about drawing on their share of the Colorado River’s seemingly vast potential.

The story of Utah’s participation in developing a reclamation plan for the Upper Basin, and the implementation of projects based on that plan, will serve as the story for the next blog in this series.


SOURCES

Reisner, Marc. Cadillac Desert: The American West and Its Disappearing Water. New York: Penguin Books, 1993.

Worster, Donald.  Rivers of Empire: Water, Aridity, and the Growth of the American West. New York: Oxford University Press, 1992.


Top Baby Names in Utah 1908 Edition

Birth certificates issued by the Utah Office of Vital Records and Statistics in 1908 are now online and freely available to the public. The searchable index and digital images may be accessed from archives.utah.gov/research/indexes/81443.htm.

Two little babies sitting on the grass, each wearing caps and warm jumpers

Photo: State Library Queensland

And that means it’s time to see the most popular baby names that were given in 1908 (see 1905, 1906, and 1907).

1908 Girls

All girl names with larger sizes for most popular.

Girls

  1. Mary
  2. Ruth
  3. Helen
  4. Alice
  5. Margaret
  6. Edna
  7. Florence
  8. Thelma
  9. Dorothy
  10. Grace
1908 Boys

All boy names with larger sizes for most popular.

Boys

  1. John
  2. William
  3. George
  4. James
  5. Joseph
  6. Charles
  7. Robert
  8. Thomas
  9. Harold
  10. Arthur

Also, it is interesting to consider the names of the mothers and fathers bestowing these names. Many seem similar, though the popularity shifts over generations. Perhaps reflecting that the parents could have been born in a range of years, the variety of names is larger and the most popular are much more popular (for example, 844 for mothers named Mary compared to 183 daughters).

Mothers of babies born in 1908

  1. Mary
  2. Alice
  3. Margaret
  4. Florence
  5. Anna
  6. Sarah
  7. Edith
  8. Elizabeth
  9. Annie
  10. Emma

Fathers of babies born in 1908

  1. John
  2. William
  3. Joseph
  4. James
  5. George
  6. Charles
  7. Thomas
  8. Frank
  9. Henry
  10. David

 

 


Law in the Utah Territory

Utah’s First Legislative Assembly

The first legislative assembly in Utah’s history was convened in Salt Lake City on September 22, 1851. Over the course of six months, 13 members of the Territorial Council and 26 members of the Territorial House of Representatives passed a series of acts and bills that formally codified the first laws of the Utah Territory.

The Utah Territory had been established by an act of the U.S. Congress on September 09, 1850, after a failed March 08, 1849 petition by Utah leaders to create a new state named Deseret. When the petition for the state of Deseret was submitted, the first Mormon settlers had been in region for nearly two years (having arrived in the Salt Lake Valley in July 1847). At the time of Mormon settlement in Salt Lake, the U.S. government was in the midst of the Mexican American War. U.S. Victory in this conflict would eventually lead to Mexico ceding large chunks of western North America over to federal control.

Wpdms_deseret_utah_territory_legend

Utah Territory with Deseret Border by Matthew Trump licensed under CC BY-SA 3.0

 

The designation of the Utah Territory by Congress was part of a much larger set of bills passed that would come to be known as the Compromise of 1850. This “compromise” attempted to maintain a balance of power between free states and territories and slave states and territories in the Union. As part of complex package of legislation, California was admitted into the Union as a free state, while the territories of Utah and New Mexico were admitted under the provision that slavery in each territory would be decided by the popular sovereignty of its citizens.

With the designation of the Utah Territory, the size of Deseret was dramatically scaled back. Mormon leaders had originally called for a state that would have encompassed all of the Great Basin, the entire Colorado River Drainage Basin, and an outlet to the Pacific Ocean running through San Diego. Instead, the new territory was scaled back to include much of modern-day Utah, Nevada, and parts of Wyoming and Colorado. In addition, legislation creating the territory called for the designation of territorial officials, the formation of a territorial legislative assembly responsible for enacting laws and a civil code for the territory, and the creation of a territorial judiciary.

On February 03, 1851, Mormon church president, Brigham Young was designated as the first Territorial Governor of the Utah Territory, and by September of that year, the 13 members of the Territorial Council (with Willard Richards as president) and 26 members of the Territorial House of Representatives (with William W. Phelps as speaker) had been chosen and met to conduct the business of Utah’s first legislative session.

Business of the First Utah Legislative Assembly

Between September 1851 and March 1852, the first legislative assembly in Utah’s history met in Salt Lake City and enacted Utah’s first set of formally recognized laws. Much of the work done by this legislative body came out of efforts that had already been made in drafting a proposed legal code for the failed State of Deseret. The Utah State Archives holds the records from this first legislative session. Examples from this series reveal the scope and variety of laws debated and passed by Utah’s first Territorial Legislative Assembly.

03150001001_SLCCharter

An act affirming Salt Lake City’s Charter (series 3150).

Among the most important pieces of legislation passed was an act approving charters for the cities of Salt Lake, Ogden, Provo, Manti, and Parowan. A portion of this record reads:

“Be it enacted by the Counsel and House of Representatives of Utah Territory Assembly that we reenact the following ordinances, passed by the Legislature of the State of Deseret, January the 9th and February the 6th A.D. 1851 granting the several petitions for the above named charters…And be it further enacted that we do grant unto the City Counsel of Ogden City the entire control of all the timber lying west of the Corporation to the Great Salt Lake.”

Much of the Territorial Legislative Assembly’s initial business sought to spell out property rights and resource regulation, as evidenced by the passage of another act granting access to water rights from Mill Creek Canyon to Brigham Young. In this record the assembly states:

“Be it enacted by the Governor and the Legislative Assembly of the Territory of Utah, that the privilege is hereby granted unto President Brigham Young to take the waters from the channel of Millcreek, immediately below Neff’s Mill, and to convey the same to the channel of Big Kanyon creek agreeably to the provisions of the act passed in the Legislative Council of the State of Deseret, January 15, 1850.”

03150001045_BYMillcreek

An act granting Mill Creek water rights to Brigham Young (series 3150).

A third act demonstrates the lengths the Territorial Legislative Assembly went to provide social order in the new territory. This, “act in relation to the inspection of Spirituous Liquors,” serves as the first piece of liquor control legislation in Utah’s history. It established an office of Territorial Liquor Inspector, mandated the methods for determining alcohol levels, and establishes fines for anyone caught selling contraband liquor in the territory.

03150001036_SpiritousLiquors

An act establishing Utah’s first Liquor Inspector (series 3150).

These examples, all signed by powerful Mormon leaders acting in a secular government capacity, show just how intertwined church and state were in the early history of the Utah Territory. In the coming years this dynamic would shift as outside, non-Mormon populations began to settle in the territory and call it home. With increased federal influence, national westward expansion, mining booms, and eventually the birth of an intercontinental railroad system, the hold over government held by Brigham Young and other Mormon leaders would incrementally lessen over the years, though the influence the Mormon Church would wield over local affairs remained very much in tact. The legislative records of Utah tell the story of this growth and the profound changes that would come to the Utah Territory as it evolved towards eventual statehood in 1896.

Legislative Resources Today

Today the Utah State Archives preserves and provides access to a vast collection of historic records documenting Utah’s legislative history. In addition, the Utah State Legislature has made many of the records related to contemporary legislation freely accessible to the public through the Legislative website.

The Utah Legislature and Utah State Archives have also made a variety of useful guides available online that help explain the complexity of the legislative process, as well as how researchers can draw on historic legislative records to conduct important research, such as the discovery of legislative intent.

An effective democracy relies on the checks and balances placed upon its representatives by informed citizens. The Utah State Archives and the Office of Legislative Research and General Council serve as important government agencies in terms of promoting this ideal and ensuring that transparency remains an unassailable part of Utah’s annual legislative process.


Top Baby Names in Utah 1907 Edition

It’s time to update and compare the most popular baby names, as found in birth certificates that are now public.

Girls

  1. Mary
  2. Alice
  3. Helen
  4. Edna
  5. Florence
  6. Thelma
  7. Ruth
  8. Margaret
  9. Grace
  10. Mildred

Boys

  1. John
  2. William
  3. James
  4. George
  5. Joseph
  6. Charles
  7. Arthur
  8. Thomas
  9. Clarence
  10. Robert

Portraits of the SLC Fire Department

Rising From the Ashes

Salt Lake City’s first professional fire department was born in October 1883 out of the ashes of a devastating fire that occurred in the heart of the city during the summer that same year. Prior to 1883, the city had relied on volunteer fire fighting services that were organized into local brigades around the city. The first voluntary fire protection service for the city was organized in 1853 with the passage of a city ordinance that allowed for the creation of a volunteer city fire brigade. Four years later, in 1856, the Salt Lake City Volunteer Fire Department was organized and placed under the direction of Chief Engineer Jesse C. Little. This volunteer service served the city’s needs for over two decades until June 21, 1883 when a massive fire broke out at the H.B. Clawson Wagon Depot on the city block immediately south of Temple Square.

Unidentified Boy in Fire Fighter Uniform (series 23526).

Unidentified Boy in Fire Fighter Uniform (series 23526).

As the June 1883 fire raged, the resources of the city’s volunteer fire department proved unequal to the task of effectively managing it. The situation was compounded by the fact that Clawson had illegally stored a cache of gunpowder on his property. When the fire reached this powder it exploded, simultaneously spreading the fire, and breaking much of the glass in buildings surrounding the downtown area. Once the fire was effectively contained, the losses were catastrophic. Clawson’s property was a total loss, as were the neighboring Savage Art Bazaar, the Council House, and several businesses in the vicinity of Temple Square.

In response to the devastation of the June fire, the Salt Lake City Council voted and approved an ordinance in October, 1883 that established the city’s first full-time, paid fire department. George Ottinger, who had served as the Volunteer Fire Department chief since 1876, was named the first chief of the Salt Lake City Fire Department, a position he would hold until his retirement in 1890.

Ottinger Hall

With his retirement as chief of the Salt Lake City Fire Department in 1890, George Ottinger stayed active in the local fire fighting community by moving quickly to establish the Veteran’s Volunteer Fireman Association (VVFA). This fraternal organization provided a means for veterans of the city’s former volunteer brigades to remain in contact, and fraternize with members of the city’s new professional fire department.

Portrait of Ed J. Thompson (series 23526).

Portrait of Ed J. Thompson (series 23526).

In 1904 the VVFA met for the first time in Ottinger Hall, located at 233 Canyon Road in Memory Grove, which was built for the express purpose of serving as a meeting place for the VVFA and the fire department’s Ladies Auxiliary. In addition to serving as a social space for fire fighters, the building contained one of the city’s first non-academic libraries. Over time it would also become the place where many of the artifacts and records documenting the Salt Lake City Fire Department’s history would find a home.

Preserving History

Upon its completion, Ottinger Hall was donated to the Salt Lake City Corporation, and leased back to the the VVFA (and later the Fireman’s Relief Association) at the cost of $1.00 per year. As the artifacts and records documenting the Salt Lake City Fire Department’s history began accumulating in the building, important questions arose of who owned these collections, and who was responsible for ensuring their long-term preservation. Was this a role for the Fireman’s Relief Association, or state government?

In 1999, Salt Lake City took control of Ottinger Hall, and began the process of renovating the space for commercial use. At that time, prominent Utahn, Larry H. Miller (a descendant of the first volunteer fire chief, Jesse C. Little) was approached about the possibility of donating funds to construct a replica of Ottinger Hall at This Is the Place Heritage Park. The purpose of this new building was to house the historic artifacts and collections that had gathered in the original Ottinger Hall over time, effectively making the Utah Division of State Parks the permanent custodian of this history?

Because many of the collections that had found a home in Ottinger Hall were created as a function of government activity, the Utah State Archives was asked to conduct an inventory of the historic record collections in the building. This inventory led to the transfer of several record series into State Archives custody. These records include record books, reports, bulletins, and photographs that document some of the earliest activities of the Salt Lake City Fire Department.

Portrait of  W.S. Higham (series 23526).

Portrait of W.S. Higham (series 23526).

Portraits of a New Profession

Among the record series transferred to the Utah State Archives during the renovation of Ottinger Hall, is a collection of photographs that provide a rich visual history of the Salt Lake Fire Department from its inception in 1883 up to 1975. This collection includes portrait photographs from the late 19th century taken by the Shipler Commercial Photography Studio that capture the images of some of the first professional fire fighters in the city’s history.

Portrait of A. Slaight (series 23526).

Portrait of A. Slaight (series 23526).

The collection also includes a photograph book that was presented to the Salt Lake City Fire Department by famed photographer C.R. Savage in 1888. Much like the Shipler photographs, these portraits provide a visual record of the first professional fire fighters to serve in the Salt Lake City Fire Department.

In an attempt to enhance the preservation of these historically fragile photographs, the Utah State Archives has digitized all of the earliest photographs from this collection. These images will soon be made available through the Utah State Digital Archives, providing a tremendous resource to anyone interested in the rich history of Salt Lake City’s Fire Department.


SOURCES

A Brief History of the Salt Lake City Fire Department. (n.d.). Retrieved January 6, 2015, from http://www.slcfire.com/external/content/document/3687/1918878/1/Brief history.pdf

Harp, M. (2007, August 1). Salt Lake City’s Ottinger Hall Holds Important Place In Utah’s Fire Service History. Retrieved January 6, 2015, from http://www.slrfa.org/images/History/Backdraft/OttingerHallHarpBackdraft082007.pdf

Nichols, J. (1995, May 1). 1883 Blaze Spurred Creation of Salt Lake City’s Professional Fire Department. Retrieved January 6, 2015, from http://historytogo.utah.gov/utah_chapters/mining_and_railroads/1883blazespurredcreationoffiredepartment.html

The Life and Crimes of Frank Treseder

PROTECTING UTAH’S LAW ENFORCEMENT HISTORY

There are few collections in the Utah State Archives as rich and colorful as those associated with law enforcement. Through these records the escapades of both cop and criminal play out, providing dramatic snapshots of historical moments that are often tinged with high drama, emotion, and periodic violence.

In 2011, Salt Lake Tribune columnist, Robert Kirby approached the Utah State Archives with the idea for a project that would promote the importance of historic law enforcement records to the various communities responsible for creating them. As an ex-police officer, Kirby has made countless contacts with various law enforcement professionals throughout Utah during his career, many of whom have long acted as the lone custodians over their individual agency histories. After a successful presentation on the value of law enforcement records in October 2011, phone calls began to roll in from far-flung offices asking how the Utah State Archives might help in ensuring the long-term preservation of Utah’s law enforcement history.

One such call came from the Utah Board of Pardons, asking if the Utah State Archives would be interested in taking over the permanent care of an extremely unusual artifact: an 1887 painting of the Utah Territorial Prison that once stood in modern-day Sugar House Park. This painting had hung on the office walls of the Board of Pardons for decades, before getting reconciled to an office closet. The historic importance of this object was clear at once, and it was immediately transferred into State Archives custody for safekeeping. Using the small clues available on the painting itself, Archives staff conducted research for a finding aid, which soon revealed a back story of the artist every bit as interesting as the painting itself.

1887 painting by Frank Treseder of the Utah Territorial Prison in Sugar House.

1887 painting by Frank Treseder of the Utah Territorial Prison in Sugar House (series 27827).

A LIFE OF CRIME

Frank M. Treseder was born in 1853 in Jersey Island, England, and by the 1880s he had become well known to law enforcement officials in the Utah Territory. The first documented case of Frank Treseder running afoul of the law came in 1877 when he was brought up for trial in Salt Lake (along with Charles Howard) on the charge of robbery. According to Third District Court records, the pair had assaulted John Hepworth, robbing him of a gold watch valued at $180. Tresder was found guilty, and sentenced to three years in the Utah Territorial Penitentiary.

1877 charging document against Frank Treseder and Charles Howard (series 9802).

1877 charging document against Frank Treseder and Charles Howard (series 9802).

It wasn’t long after his release from prison before Treseder once again found himself in court, this time in  Ogden’s First District Court. According to court records, Treseder had been arrested (along with Meyer Seekel) for the November 24, 1881 theft of $1000 in gold coin and $500 in sundry checks from the home of Ambrose Greenwell. The pair was convicted on the charge of burglary on May 09, 1882, and Treseder would spend another three years in the Sugar House prison before his release on May 01, 1885.

Not even a year passed before Treseder’s next brush with the law. On January 22, 1886 Treseder and County Collector N.V. Jones were arrested by Federal officials in the Utah Territory and charged with bribery. According to officials, Treseder had made an attempt to bribe U.S. Marshals into giving up information on raids that the government was planning on making on polygamists and unlawful cohabitants in the Utah Territory. With the impending 1887 Edmunds-Tucker Act banning the practice of polygamy in the territory, Treseder was effectively charged with acting as an agent in gathering information that might be used to help protect LDS members who would soon fall under the legal reach of the federal government for their ongoing practice of plural marriage.

1886 demur from Frank Treseder on charges of attempted murder (series 6836).

1886 demur from Frank Treseder on charges of attempted murder (series 6836).

An interesting twist to the case came in March when Treseder (who was free on bail) was arrested again and brought before the Third District Court on charges of attempted murder. The March 02, 1886 Salt Lake Democrat reports that Treseder had approached Thomas Murray and discussed with him the potential murders of U.S. Marshal’s W.H. Dickson, E.A. Ireland, and E.A. Franks. Treseder’s attorney made a demur on this indictment, claiming that it didn’t conform to sections of the Territorial criminal code, and ultimately the charge of attempted murder against Treseder was dropped. However, on September 28, 1886 he and Jones were convicted on the original charge of bribery, and Treseder once again found himself facing a three year sentence in the state penitentiary.

THE UNEXPECTED ARTIST

It was this final stay in the Utah Territorial Prison where Treseder would turn to painting and create a series of works that have marked him as an important 19th century artist in Utah’s history. An inkling of this creative turn is described in the September 28, 1886 Salt Lake Democrat. Reporting on the bribery trial that would ultimately lead him to another stint at the Sugar House prison, the newspaper states:

“Frank Treseder spend the great part of his time while in court drawing pictures on paper. He is quite an artist in his way and seems to take as much pleasure in it as a school boy.”

This artistic talent seemingly blossomed during his three years in the state penitentiary. Another newspaper report from the April 13, 1888 Salt Lake Herald, describes the construction of a new penitentiary building on the prison grounds and states: “Frank Treseder, who has become quite an artist, has his studio [in the basement of the new penitentiary building].”

The view of the prison that is now held by the Utah State Archives is one of several that have survived to the modern day. The Springville Museum of Art is known to have two Treseder Sugar House prison paintings as well, one looking to the east, and the other looking to the west.

LIFE OUTSIDE THE SUGAR HOUSE PRISON

Frank Treseder was released from the Utah Territorial Prison in the late 1880s, and promptly married a woman named Mary Bennett, whom he had met while she was visiting the prison. Domestic bliss wouldn’t last however, as Bennett would appear before the Third District Court in 1892 asking for a decree of divorce from Treseder. According to her statement he had left her, and was last known to have been seen somewhere in the Black Hills of South Dakota. The court granted her divorce from Treseder and also sole custody over their child.

Information on Treseder after he left Utah is scant, but his story has an unhappy ending. According to a 1923 Texas death certificate, Treseder died alone on February 21, 1923 from paresis, with drug addiction listed as a contributing cause.

Whether Treseder remained an active painter after leaving Utah isn’t known either, as no other paintings attributed to him have been identified (leaving the Sugar House prison paintings the extent of his known work at this time). However, as this story demonstrates, you never know when another unexpected discovery might be made!


SOURCES

Ancestry.com. Texas, Death Certificates, 1903–1982 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2013.

Salt Lake Democrat, “Before the Grand Jury.” Jan. 26, 1886. From Utah Digital Newspapers. http://udn.lib.utah.edu/cdm/compoundobject/collection/sldemocrat/id/48655/show/48637/rec/4 (accessed Dec. 01, 2014).

Salt Lake Democrat, “Conspiracy to Murder.” Mar. 02, 1886. From Utah Digital Newspapers. http://udn.lib.utah.edu/cdm/compoundobject/collection/sldemocrat/id/58696/show/58687/rec/11 (accessed Dec. 01, 2014).

Salt Lake Democrat, “Local Jots.” May 02, 1886. From Utah Digital Newspapers. http://udn.lib.utah.edu/cdm/compoundobject/collection/sldemocrat/id/16196/show/16182/rec/2 (accessed Dec. 01, 2014).

Salt Lake Democrat, “Local Jots.” Sep. 28, 1886. From Utah Digital Newspapers. http://udn.lib.utah.edu/cdm/compoundobject/collection/sldemocrat/id/46791/show/46770/rec/30 (accessed Dec. 01, 2014).

Salt Lake Herald, “Out on the Hill.” Apr. 13, 1886. From Utah Digital Newspapers. http://udn.lib.utah.edu/cdm/compoundobject/collection/slherald18/id/78855/show/78830/rec/73 (accessed Dec. 01, 2014).

Salt Lake Herald, “Her Romance Ended.” Apr. 30, 1892. From Utah Digital Newspapers. http://udn.lib.utah.edu/cdm/compoundobject/collection/slherald19/id/120218/show/120181/rec/75 (accessed Dec. 01, 2014).

Swanson, Vern G. Utah Art, Utah Artist – 150 Years Survey. Layton: Gibbs Smith, 2001. Print.

Utah State Archives and Records Service. Board of Pardons. Utah Territorial Prison Painting. Series 27827.

Utah State Archives and Records Service, District Court (First District), Northern division civil and criminal case files, Series 1529.

Utah State Archives and Records Service, District Court (Third District), Territorial criminal case files, Series 6836.

Utah State Archives and Records Service, District Court (Third District), Case files, Series 9802.


A Monumental Controversy

In September 1996, President Bill Clinton made the controversial decision to draw on powers reserved to him by the 1906 Antiquities Act, and designate 1,880,461 aces of land in southern Utah as the Grand Staircase-Escalante National Monument. But did you know that sixty years earlier federal officials were pondering the designation of a similar monument that would have dwarfed the area covered by today’s Grand Staircase?

1936 Letter from Ray B. West to Governor Henry Blood (series 22028).

1936 Letter from Ray B. West to Governor Henry Blood (series 22028).

The story begins in 1936 when Utah State Planning Board Director, Ray B. West contacted assistant director of the National Park Service (NPS), A.E. Demaray about the possibility of the service building a federal park-to-park highway linking the remote southern Utah towns of Hanksville and Blanding. West’s contention was that this highway would serve a vital role in connecting Mesa Verde National Park to the proposed Wayne Wonderland area in central Utah (an area that would later become Capitol Reef National Park).

A response to West’s letter came from NPS director Arno Cammerer, who stated that the agency was considering making a recommendation to President Franklin Roosevelt to designate an enormous section of the state as a new “Escalante National Monument.” Cammerer further intimated to West that the Hanksville-to-Blanding road he had requested would face better odds of being completed if Utah government officials were willing to support the NPS proposal.

The 1936 NPS proposal was staggering in its scope, taking in 6,968 square miles of southern Utah land (approximately 8% of the state). Almost immediately the State Planning Board undertook a study, at the request of Utah Governor Henry Blood, to determine how monument designation might impact Utah’s grazing, mineral, and water rights along the Colorado River.

1936 map of the proposed Escalante National Monument.

1936 map of the proposed Escalante National Monument (series 22028).

Debate over the proposed monument became a hot topic in the state in the ensuing years. A December 1938 article in the Iron County Record spells out the concerns voiced by both sides, stating:

“The opposition maintains that the establishment of the monument would infringe on grazing rights, and would close the door to possible Colorado river developments for irrigation, flood control, and power development, etc., while those favoring the project maintain that the area has no grazing value, that irrigation would not only be impracticable, but impossible, and that the upper stretches of the Colorado and Green rivers afford much better flood control, irrigation, and power development possibilities.”

Opposition to the monument proposal grew in Utah, and in 1938 the parks service put out a second proposal for the monument, scaling dramatically back on its original size. This new monument would claim approximately 2,450 square miles of land along the Colorado River.

When the second park proposal was met with resistance from Utah officials, NPS administrators and Secretary of the Interior, Harold Ickes, changed course. Federal agents backed off the idea of having President Roosevelt unilaterally claim the region as a national monument, and instead proposed that the U.S. Congress designate it a national recreation area. Under such a designation, the state of Utah would have maintained many of the development rights over natural resources, which had served as the greatest source of concern for state officials. Ultimately, however, the bill to create the Escalante National Recreation Area never made it out of congressional committee.

Map of the modern day Grand Staircase-Escalante National Monument.

Map of the modern day Grand Staircase-Escalante National Monument.

This episode is played out in records held by the Utah State Archives from both the Utah Planning Board, as well as Utah Governor Henry Blood. As historian Sam Schmieding points out in his administrative history of Canyonlands National Park, “the failed Escalante proposals and conservationism’s discovery of canyon country dramatically altered the historical context and dynamics of scarcity that would influence how the National Park Service and American society classified and valued canyon country in the future.” In effect, this moment in Utah’s history reflects many of the ongoing issues between state and federal officials over federally held land in the state. It also helps us better understand the difficult nature of balancing the twin interests of preservation and resource development in Utah’s spectacular canyon country.


Highway 89 Digital Collections

THE HIGHWAY 89 DIGITAL COLLECTIONS PROJECT

The history of the American West is shaped and defined as much by its people as it is its landscapes. Nowhere is this more clear than in the winding path taken by Highway 89. On its 1,252-mile route from Mexico to Canada, Highway 89 passes through or adjacent to seven national parks, showcasing some of the most spectacular scenery in the American West.

Such distinctive landscapes make for a powerful history worth preserving and sharing. With this thought in mind, the Utah State Archives is proud to announce our participation with other cultural heritage organizations across Utah and northern Arizona to launch the Highway 89 Digital Collections Project.

Promotional artwork for the Highway 89 Digital Collections project created by John Clark.

The mission of the Highway 89 Digital Collections Project is to bring together the unique resources each member institution holds that help illuminate the history and stories of life lived along Highway 89. Digital items that have been uploaded to the site so far include photographs, postcards, and textual records.

Drawing on the latest in online exhibition technology, the Highway 89 Digital Collections website pulls together materials from a number of archival repositories and special collections including:

EXHIBITS

Exhibit pages on the Highway 89 Digital Collections website allow archivists and curators to draw on their skill and expertise in piecing together dynamic stories that illustrate the history of the road.

Image of a road sign on Highway 89 in Garfield County.

Two such exhibits from that Utah State Archives are currently accessible on the Highway 89 Digital Collections site. The first exhibit gathers together photographs that were taken by the Utah Department of Highways as part of a statewide inventory of road signs between 1965 and 1975. These simple plywood creations offer up a rich visual history of what travelers of that era would have seen as they made their way along Highway 89.

Ruins of a schoolhouse in Thistle.

A second exhibit features materials from the Utah State Archives that tell the story of the 1983 mudslide near the town of Thistle which flooded a section of the highway, destroyed the town, and created an earthen dam that fundamentally changed the landscape in Spanish Fork Canyon. For this exhibit, items from the Utah Department of Transportation (UDOT) were identified and digitized. They provide a monthly account of work done by state and federal workers to divert water from Thistle Lake, reroute important railroad lines, and physically move the section of Highway 89 that spurs off at the Thistle junction as it makes its way south towards the Sanpete Valley.

Future contributions from the Utah State Archives to the Highway 89 Digital Collections project will focus more on textual records created by various agents of Utah State government who have played important roles in making decisions that have impacted the growth and evolution of Highway 89. As we continue to add miles of digital content to the route, we will look forward to seeing you along the digital Highway 89!


Archives Month: Ann Torrence on U.S. Highway 89

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Thursday, October 24 at Noon

Ann Torrence - Highway 89

U.S. Highway 89: The Scenic Route to Seven Western National Parks

U.S. Highway 89: The Scenic Route to Seven Western National Parks is a visual guide to seven of America’s favorite national parks, hometown events and quirky roadside attractions linked by U.S. 89. Scenic Highway 89 traces the stories of legendary trappers, missionaries and homesteaders. Widened in the Roaring Twenties to satisfy America’s motoring enthusiasts, but bypassed by modern interstates, the 1,600 mile route from Canada to Mexico retains its back-roads charm. From Yellowstone to the Grand Canyon, beauty queens to working cowboys, Ann Torrence’s stunning images and engaging text capture the enduring spirit of the west.

Writer and photographer, Ann Torrence drove over 15,000 miles to research and photograph U.S. Highway 89. Her documentary style explores the interplay of the human element and landscape; transformations of culture–what is kept, lost, and reinvented; and the iconography of the American West.

Following Ann’s remarks, staff of the Utah State Archives will provide a public demonstration of the new Highway 89 Digital Collections online initiative. This project is designed to gather and document the prized historical collections from various institutions throughout the region, all of which detail the important history that has happened along Highway 89.

 


Archives Month: 25th Street Confidential by Val Holley

All Events for Utah Archives Month | RSVP on Facebook | Get Directions

Monday, October 21 at Noon

Val Holley - 25th Street

Buy the Book

25th Street Confidential traces Ogden’s transformation from quiet hamlet to chaotic transcontinental railroad junction as waves of non-Mormon fortune seekers swelled the city’s population. The street’s outsized role in Ogden annals illuminates larger themes in Utah and U.S. history. Most significantly, 25th Street was a crucible of Mormon-Gentile conflict, especially after the non-Mormon Liberal Party deprived its rival, the People’s Party, of long-standing control of Ogden’s municipal government in 1889. In the early twentieth-century the street was targeted in statewide Progressive Era reform efforts, and during Prohibition it would come to epitomize the futility of liquor abatement programs.

This first full-length treatment of Ogden’s rowdiest road spotlights larger-than-life figures whose careers were entwined with the street: Mayor Harman Ward Peery, who unabashedly filled the city treasury with fees and fines from vicious establishments; Belle London, the most successful madam in Utah history; and Rosetta Ducinnie Davie, the heiress to London’s legacy who became a celebrity on the street, in the courts, and in the press. Material from previously unexploited archives and more than one hundred historic photos enrich this narrative of a turbulent but unforgettable street.


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