Squatting on the plaza: 1867 style
by Ken EdwardsA squatter is an individual who settles on property belonging to someone else or to the government. After a certain period of occupancy he may claim the property as his own. In so doing, he is claiming squatters' rights or the right of adverse possession. The legal requirements for claiming a tract of land in this manner vary from state to state, but the laws are, in general, still on the books. In the early days of the United States and, in fact, in colonial days, squatting was very common. Most of the land in the young nation had not been surveyed, and squatting was a common way of acquiring property. Squatting was later largely supplanted by homesteading throughout the country.
If you've ever thought of squatting on the Prescott Courthouse Plaza, perhaps you should reconsider. It's possible that you could be run out of town. At least that is what we might conclude from a little-known historical event that occurred in Prescott many years ago.
In 1864, John Goodwin, Arizona's first Territorial Governor, decided to locate the new capital in the beautiful valley along Granite Creek. Robert Groom mapped out approximately 320 acres for the new town site named Prescott. With great foresight, Groom set aside two 4½-acre tracts within the city for civic purposes. One of these was the Plaza, which is familiar to all of us. The second was a similar tract a block east of the Plaza, which was to be the future location of the capitol building. (The latter area was eventually sold at auction when Prescott lost its designation as territorial capital for the second time.)
The town developers, in 1864, proceeded with the sale of lots at public auction for homes or business, not including the Plaza and Capitol rectangles. Two problems arose. First, the action of the locally appointed commissioners in subdividing the town property (not yet officially released for sale by Washington) and selling lots was technically illegal. These sales did not receive official approval from Congress until eight years later. The second problem was the question of who actually owned the Plaza and Capital rectangles. Since these properties were apparently still owned by the federal government and had not been sold either legally or illegally, weren't they available to anyone who chose to homestead or squat upon them?
In 1867, a new arrival to Prescott, H. W. Ward, saw the loophole and became a squatter on the Plaza. On March 23 of that year, an article in the Arizona Journal-Miner entitled "Squatterism in Prescott" reported: "We are sorry to announce the arrival of the notorious vagabond called 'Squatter' in our devoted town. It appears, from some mysterious cause a party of men, mostly strangers in our country, have deliberately located or 'jumped' our town Plaza, and are now proceeding to stake and fence it, and appropriate the lots to their own private use." Citizens were outraged at this usurping of what they thought would someday be a beautiful city center, and merchants with establishments facing the Plaza were particularly incensed.
The paper stated that the identities had not been established of the "party thus trespassing upon public opinion and private rights, with one exception, and that individual has been but a few months in the Territory. He has a good reputation as an Engineer and Millwright, and has been regarded as a very valuable man among us. We regret the step he has taken, and hardly believe he will persist in the course he has begun; in fact, knowing the gentleman as we do, we think he is-joking."
It was no joke. A group of 'the best men and owners of property' in Prescott held a meeting on the matter, the result of which was the signing of the following 'mild and modest' notice: "We, the undersigned, request that the parties who have jumped the public Plaza in the town of Prescott, desist from further operations." The notice bore 84 signatures.
The squatters on the Plaza were serious. They did not desist. The Journal-Miner reported on September 7,1867, "The parties who jumped a part of the Plaza some months since, began to build a house upon it a day or two since." An injunction was issued by Judge Turner at the request of merchants "who having paid high prices for lots facing the plaza, have no idea of letting any one occupy that public ground." Construction on the Plaza was halted until the courts could sort out the legalities of the situation. Were these men going to get away with squatting on the public land? The situation was tense.
A complaint was filed in District Court naming only H. W. Ward as the squatter. Local merchants Herbert Bowers, John G. Campbell and Levi Bashford signed the complaint. This was a formidable group of men. Bashford was the original Surveyor General of Arizona Territory who had now become a merchant on Gurley Street. His store was located where Bashford Courts now stands. Campbell was a merchant on Montezuma Street and is reputed to have owned the first mercantile store in town. Herbert Bowers, together with his brother Nathan, owned the Adobe Store on the corner of Gurley and Granite Streets. The brothers also operated a mill capable of grinding one ton of corn per day into meal. Herbert was also the sutler (post merchant) at Fort Whipple. The complaint alleged that the commissioners originally appointed to survey the town of Prescott had "surveyed, layed off and appropriated to public use to be used and enjoyed in common by the citizens of said Town as a public Plaza," the tract on which Ward had squatted. The plaintiffs said that erection of a house or houses on the Plaza would greatly obstruct and prevent the free use, occupation and enjoyment of the Plaza by the citizens, and would be a public nuisance. They further alleged that the properties surrounding and fronting on the Plaza had been purchased for elevated prices and that if Ward were allowed to have his house on the Plaza, their property values would be greatly depreciated and there would be irreparable damage to the plaintiffs.
The court issued an injunction and temporary restraining order for Ward to cease construction. A jury was soon appointed to hear the case. Surprisingly, court records do not include any testimony for the trial. It appears that the jury was simply required to evaluate the validity of the complaint of the plaintiffs and the rebuttal of the defendant. In any event, the jury ruled in favor of the plaintiffs on each of six counts. Ward was ordered to remove his partial house and fence from the Plaza. John Rush, attorney for the plaintiffs, bought his lumber.
The Journal-Miner reported on December 7,1867, that "The Plaza is now naked without fence or other improvement upon it, save and except the flag-staff. Mr. Ward is about to leave the country, satisfied, no doubt, that his action was, to say the least, unwarrantable and, we know, unprofitable. Our citizens should club together and fence [the Plaza] in right away, and, next spring, trees should be planted on it."
So our treasured Plaza was saved from the evil opportunist. Trees were planted, a courthouse was built, and we can enjoy our festivals and art shows now and in the future. Does this story have a moral? Yes it does: Squat not on public property for the public will rise up against thee.
(Ken Edwards is a volunteer at Sharlot Hall Museum and a Prescott Chamber of Commerce tour coordinator.)
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Sharlot Hall Museum Photograph Call Number:(map0318 downtown) Reuse only by permission.
Downtown Prescott as it was in 1867, showing the 4½-acre tracts set aside for the Plaza and the Capitol Block as laid out three years earlier by Robert Groom.
Sharlot Hall Museum Photograph Call Number:(bub8166pd)
Reuse only by permission.
Gurley Street in the early 1870s looking west to Thumb Butte. Note the Plaza grounds bordering the street on the left had no fence at this time. H. W. Ward, a squatter, took up residence on the Plaza in 1867, attempting to put up his own house and fence.
Sharlot Hall Museum Photograph Call Number:(buh7020p)
Reuse only by permission.
Gurley Street in the 1890s looking west. City council notes, "In April 1877, a special election was called to inquire the wishes of the people if permission should be given to Yavapai County to erect a building on the Plaza. Proposition voted favorable 178 and 10 against." The first courthouse was begun later that year. On October 13,1879, city council notes, "On this date after acceptance of the Plaza fence the following ordinance appears: 'Every person who shall climb or whittle upon the Plaza fence or shall willfully do anything to mar or injure the appearance of said fence or who shall hitch or tie any animal to said fence shall be deemed guilty of a misdemeanor and upon conviction thereof before the Village of Prescott shall be fined $7.50 to $25.00'"