Shalam Colony: Dream in the Desert (Southern New Mexico Historical Review, 2009)

ISSN 1076-9072 SOUTHERN NEW MEXICO HISTORICAL REVIEW Pasajero del Camino Real Do�a Ana County Historical Society Volume XVI Las Cruces, New Mexico January 2009  Do�a Ana County Historical Society Publisher Rick Hendricks Editor Board of Directors 2009 President: George Helfrich Vice President: George Hackler Past President: Roger Rothenmaier Secretary: Judy Vaughn Treasurer: Xandy Church Historian: Karen George At Large Board Members Buddy Ritter Marcie Palmer Donna Eichstaedt Jim Eckles Mary Lou Pendergrass Martha Shipman Andrews Ex-Officio:Webmaster - Mary Lou Pendergrass Liaison to Branigan Cultural Center - Garland Courts Typography and Printing Insta-Copy Imaging Las Cruces, New Mexico Cover Drawing by Jose Cisneros (Reproduced with permission of the artist) The Southern New Mexico Historical Review (ISSN-1076-9072) is looking for original articles concerning the Southwestern Border Region for future issues. Biog- raphy, local and family histories, oral history and well-edited documents are welcome. Charts, illustrations or photographs are encouraged to accompany submissions. We are also in need of book reviewers, proofreaders, and an individual or individuals in marketing and distribution. Copies of the Southern New Mexico Historical Review are available for $7.00. If ordering by mail, please include $2.00 for postage and handling. Correspondence regarding the Review should be directed to the Editor of the Southern New Mexico Historical Review at Do�a Ana County Historical Society, P. O. 16045, Las Cruces, NM 88004. Click on Article to go There Table of Contents Articles Monsignor Jean Grange; San Albino, Mesilla 1886-1929 Frankie Miller...................................................................................................... 1 President Benjamin Harrison, Judge A.A. Freeman and the Shalam Colony: A Legal and Political History Mark Thompson................................................................................................. 7 Shalam Colony: Dream in the Desert Christopher Schurtz and Cameron L. Saffell................................................................ 15 Shalam Misconceptions and Mythology Cameron L. Saffell and Christopher Schurtz............................................... 31 Mary Helen Daniels Taylor: Mary of the Mantilla Frankie Miller....................................................................................................37 Creating An Institution "So The Future May Know" Cameron L. Saffell............................................................................................45 Bringing Civilization to the Wild West: The Women's Improvement Association of Las Cruces Stacie Pritchett..................................................................................................60 My Early Life in the Mesilla Valley, New Mexico Elsie Raye Rigney Carr Excerpted from Elsie Carr's memoir Elsie's Story with editing by Walter Hines........................................................................... 78 Book Reviews Paula Moore: Cricket in the Web: The 1949 Unsolved Murder the Unraveled Politics in New Mexico reviewed by Charles B. Stanford.................................................................... 90 Michael L. Collins: Texas Devils: Rangers and Regulars on the Lower Rio Grande, 1846-1861 reviewed by Cary G. Osborne........................................................................ 92 Chris Kyle: Feeding Chilapa: The Birth, Life and Death of a Mexican Region reviewed by Lois Stanford...............................................................................94  Editor's Page This issue of the Southern New Mexico Historical Review brings to our readers a variety of associations, institutions, and individuals all part of the historical mosaic of the Mesilla Valley. Frankie Miller tells the story of Mon- signor Jean Grange of San Albino Church in Mesilla, one of a number of French priests who labored in the Lord's vineyards in Southern New Mexico. I have often considered the idea of an issue of the review dedicated to a single theme. While this one does not fulfill that notion, it does feature an impressive concentration of scholarship dedicated to a single topic. Legal scholar Mark Thompson focuses on the role of President Benjamin Harrison and Judge A. A. Freeman in the history of Shalam Colony. Drawing on ex- tensive research for an exhibit at the New Mexico Farm and Ranch Heritage Museum (NMFRHM), Cameron Saffell, and Christopher Schurtz delve deeply in to various aspects of Shalam Colony. Cameron and Christopher also provide a short "Myth Buster" related to the fascinating religious colony. Frankie Miller does double duty in this issue. Frankie also contrib- uted her homage to Mary Helen Daniels Taylor. As those who knew her can attest, Mary was certainly an outstanding and unique individual, but she was something of an institution as well. Countless scholars and other people with an interest in the history of the southern part of our state benefitted from her advice and willingness to share information. Cameron Saffell also pulls off a double play with his institutional history of the NMFRHM. Cameron has been Curator of History at the mu- seum since 1999 and thus is able to provide an insider's view of one of the most important cultural institutions in our part of the Land of Enchantment. Stacie Pritchett, a student at New Mexico State University, studies several associations that were a vital force in "bringing civilization," as she puts it, to our Wild West community, principal among them the Women's Improvement Association of Las Cruces. Walter Hines, shares the reminiscences of his first cousin, Elsie Carr, which he adapted from her memoir," Elsie's Story." This is a loving recollec- tion of life in the Mesilla Valley, beginning in 1915 and covering the period until the late 1930s. A local murder mystery Cricket in the Web, penned by Las Cruces writer Paula Moore, is reviewed. And everyone loves a mystery. Some facts about fighting rangers and regulars from our neighbors to the east are laid bare in Texas Devils, which is also reviewed. Finally we have a review of Feeding Chilapa, a look at industrial evolution in Mexico.. This was to be my ninth--and last--issue as editor, and the review was to be placed in the more-than-capable hands of Nancy Shockley. As many of you know, Nancy has headed for the Far North to pursue her teaching dreams. That being the case, it will be my honor to serve for at least another year, so please keep those manuscripts coming. Rick Hendricks Editor Click for Table of Contents MONSIGNOR JEAN GRANGE; SAN ALBINO, MESILLA 1886-1929 Frankie Miller On 4 November 2008 the little church of San Albino in Mesilla, New Mexico became a Minor Basilica, a celebration of processions and masses that was attended by thousands of the faithful. Parishioners, Ron and Olivia McDonald researched tirelessly and prepared the formal documents to be submitted to the Vatican for consideration of their petition. Finally, on the birthday of Monsignor Getz, then the Pastor of San Albino, Bishop Ramirez called with the good news. This huge honor was witnessed by parishioners, visitors and many dignitaries, more than twelve hundred people sought seating in the church that holds but three hundred people. It would be fitting to pause and remember the French missionary priest who came to serve the Mesilla valley, never dreaming his little brick church would some day become a Minor Basilica. The corner stone of San Albino dedicated the new church in 1908 and named Father Jean (Juan) Grange as the builder of the church. The father, who stayed in Mesilla nearly fifty years, must have felt at home under the watch of the Organ Mountains; there was also a range of mountains called the Orgues, the French word for organ, in his native region of Auvergne, France. Mesilleros have always known that their history and that of their San Albino is special, separate and different even from the history of St. Genevieve's in Las Cruces, only six miles away. Mesilla was established by a Mexican land grant on the Mexican side of the border following the Treaty of Guadelupe Hidalgo, Pastoral retreat for Tucson Diocese. Bishop which was signed on 2 February Granjon, seated center front surrounded by the priests who attended the retreat. 1848. The town of Mesilla Although Father Grange was absent from was colonized by Mexican this photograph, Father August Morin, patriots, who were offered land Grange's predecessor at San Albino is the grants by Father Ram�n Ortiz, slight man standing being the bishop's right a priest who represented the shoulder Courtesy of the Tucson Diocesan Mexican government as land commissioner Father Ortiz, parish priest of El Paso del Norte, began distributing the land grant in what was to become Mesilla in 1851. Mesilla did not become part of the New Mexico Territory of the United States until the Gadsden Purchase in 1854 moved the southern border of the territory to include Mesilla. 2 Southern New Mexico Historical Review - January 2009 The first San Albino was a tiny jacal, hastily constructed on the west end of the plaza and it served as a temporary church until a better building could be constructed. The third San Albino, which Father Grange came to serve, was built in 1857, during the term of Father Jose de Jesus Baca. It was constructed of adobe and had only one tower. In 1886, Father Jean found himself to be in possession of a very poor church, with only a few pews. The meager purchases for the church, recorded in 1888 included: one pair aranes (2 hices), $3.00 for San Albino, three pair of candlesticks with three lines worth $15.75, three pairs of large candelabra with chimneys for lights worth $15.60. Then, in 1890, he purchased "a statue of San Albino for processions," for $13.75. The freight charges for the crate with the statue were $13.00.1 The present church of San Albino, the fourth structure, was dedicated in 1908 and was literally built over and around the existing adobe church. The new church was constructed around the old church and when it was complete; the adobe walls were torn down and carried This photograph of Father out the front doors of the new building. Jean Grange was part of Mary The present Romanesque style brick Daniels Taylor's personal building was built by Father Jean Grange, research. Many personal artifacts who, according to Mary Daniels Taylor, belonging to Father Grange were a local historian and mesillera, became left in the priests' home after completely "Mexicanized." Father Jean his death in 1936 Courtesy of first appears in the records in 1875 where he is mentioned as the pastor of the La Mesa Church.2 In ten years of serving the churches up and down the valley, Grange learned fluent Spanish. When Bishop Granjon of the Tucson Diocese made his pastoral visitation in 1902, he commented on Father Grange's fluency in Spanish. "Not very familiar with English, he speaks Castilian as if it were his mother tongue."3 From 1886 until his retirement in 1928, by then a monsignor, Jean Grange led the parishioners of Mesilla and surrounding communities through building projects for not only San Albino, but for San Miguel, retiring in the same community he had served for so many years. Amelia Gamboa celebrated mass at the dedication of the new Basilica with the other mesilleros, and at the same time celebrated the part her church has played in her and her family's lives. Few people have seen as much history in their community as Amelia has. Amelia Lopez Gamboa, who is now approaching her hundredth birthday, was one of the first babies to be baptized in the newly dedicated San Albino, in 1908. Father Jean Grange baptized her in the new yellow brick, Romanesque style church that more resembled the churches of his native France than  Frankie Miller: Monsignor Jean Grange 3 the adobe San Albino that it had replaced. When asked if she remembered how people felt about the new church, she replied that people thought that it was beautiful and there were plenty of places to sit, but yes, some people still missed the old adobe church. What they really liked was the choir loft that was above and behind the congregation. She said that it was beautiful the way the singing and the music would come down over you. Amelia remembers her catechism classes under the strict Father Grange, "He was very strict; you had to listen, sit down and respect the church."4 But in those days, she remembers, the parents were strict as well and you had better not have misbehaved in the church.5 Father Grange seemed to have been a priest who was familiar with children, teaching catechism and directing them, so that their com- fort with him was evident to Bishop Granjon. During his 1902 visitation, the Bishop Granjon of Tucson mentioned the relationship that Grange had with the children of his parish. While the mass on the previous day at St. Genevieve's in Las Cruces had been full of screaming, crying children, he said this of Father Jean and his children: While I prepare myself in the sacristy I hear Father Jean placing everyone in the church... `Little girls to the right and little boys to the left, and nobody move!' says the voice, which wants to make itself gentle so as not to frighten, but which nails the youngsters in place. . ..It is not that the children do not appear struck by terror at my approach, as they did the day before in Las Cruces, but this is a mute terror I hear distinctly the name that is to be given to each one confirmed, which father Jean indicates to me as we move along.6 Father Grange had a housekeeper named Perla Alidib whom Amelia remembers as well. "Oh yes, she was very strict. Everybody liked her very much. She taught us good manners with visitors and everything."7 Perla, too was instru- mental in instructing the children of the parish on how to behave in the rectory and in the church. Amelia could only remember that Perla was the father's housekeeper for a very long time. She was in fact employed by the Monsignor, caring for him until his death in 1936. It was Perla who dedicated the shrine This shrine was built,on the outer to Monsignor Grange, which is on wall at the back of the San Albino in the back of San Albino. rememberance of Monsignor Jean Grange, by his housekeeper Perla Alidib. Courtesy Father Grange also per- formed the wedding service for of San Albino Basilica, Mesilla. Amelia and her husband Eugenio 4 Southern New Mexico Historical Review - January 2009 (Pemo) Gamboa in 1929, the same year that Grange retired from San Al- bino. Amelia says that Father Grange was like a real father to the commu- nity because he knew about their problems and would talk to them and try to help.8 Father Grange served at San Albino through World War I and the Mexican Revolution, remain- ing in Mesilla through the depression. This altar is one of a pair handcrafted by He had led his parish through many Jean Grange for the newly constructed hard years and yet was remembered San Albino. Note that the altar is decorated as fatherly by Amelia. with a fleur de lies, reminiscent of his native Amelia remembers that Fa- France. Courtesy of the San Albino Basil- ica, Mesilla. ther Grange still performed mass and gave catechism classes after his retire- ment. The Monsignor continued to live on the plaza in his territorial style adobe home until his death in 1936. The home is now known as the Barela-Reynolds-Taylor home, and will, in time, become a museum. Grange left his home to his housekeeper, Perla Alidib.9 After caring for Father Grange until his death, Perla opened a store front on the street in front of the residence. In her later years, Perla sold the home to Mary and Paul Taylor, after a frightening experience with a tenants' violent husband. She became afraid to deal with these problems in her old age, and offered her home to the Taylor's, who have made signifi- cant restorations and repairs to the home and have raised a family of seven children there. Father Grange seemed to understand how important traditions were, how deeply rooted they were in the very relationship of the pa- rishioners with their church. He continued to respect these traditions by taking part in them himself. He was, at his own request, Godfather to one of the Frietze babies. Although this practice was not uncommon, it was not encouraged by the church. It is another example of how involved father Grange was in the lives of his youngest parishio- ners. Among his first purchases were the fabrics for the linens for the vestments to make the church a special place of worship for the parishioners. The huge task of building the This washstand, hand crafted by new church was quite an undertaking Father Grange, was still in the home for such a small parish. Amelia says when the Taylors' purchased it from that through their cooking, the women Perla Alidib. courtesy of Mary and J raised quite a bit of to help build the Paul Taylor much needed church. All the members  Frankie Miller: Monsignor Jean Grange 5 worked on the church when they were able to leave their fields to help. But Father Grange in a letter to Bishop Granjon, admitted that he had spent thousands of dollars of his own money. He also admitted his desire to build a place of worship to make the Protestants of Las Cruces envious.10 Father Grange was also a talented woodworker who constructed the matching altars that used to stand together at the front of San Albino. Today, one is at the head of the This nicho hangs on the dining altar, and the other is in the crying room. The room hall of the Barela- matching pair is decorated with carved fleur Reynolds-Taylor home. A de lies, reminiscent of Granges' native France. similar nicho sits on the organ Inside his former home, now the Taylor res- in the oratorio. Courtesy of idence, there remain several examples of his Mary and J. Paul Taylor craftsmanship. There is a washstand inside the doorway leading to the patio, often propping open the door to let in a stream of sunshine. There is an ornately carved nicho on the wall of the dining room, and another resides on the organ in the oratorio (family chapel). Both nichos hold figures of saints as they were intended to when Father Grange's hands lovingly crafted them. And lest we think of Father Grange only as a religious, serious figure, there is one discovery that is especially amusing and insightful. On the day this researcher met Father Getz and was being admitted to photograph the interior of San Albino, there was a rectory full of parishioners who were excited about the projects they were working on. When Father Getz told them about my research, they excitedly revealed that their Father Grange was quite a character. He had been a bootlegger during prohibition, making his own wine and selling it for fifty cents a bottle! He was, after all, a French- man. This is certainly not a story These are the baretta worn by Father that would have been turned up in Grange, still in a hat box, hand labeled the diocesan archives. "Father Grange size 7 5/8". These were We will probably never also in Mary Daniel Taylor's' Collection know what Father Grange expect- along with her own research. Courtesy of ed when he volunteered to serve the Tucson Diocese in the wild NMSULASE Arizona-New Mexico Territory of the United States. He most likely envisioned cowboys, cattle and wild Indians. What he found was tiny villages of subsistence farmers who although struggling to support their families, loved their faith and were devoted to it. It seems that he never returned to France after he accepted San Albino, and he remained there until his death in 1936. He was a 6 Southern New Mexico Historical Review - January 2009 wealthy man and could have returned home to retire, as a young cousin often asked him to in very sincere letters from France.11 His friends in the priesthood, other Frenchman serving in the southwest often went home to retire, or to be taken care of for illnesses, but it would seem that Jean Grange had adopted Mesilla as his home and would not leave. Monsignor Jean Grange lies under the altar he built in the Church of San Albino. This is an old custom, no longer common by 1936, but a sign of great respect by the parishioners for their beloved priest. To be buried under the altar signified a great honor for the status of the deceased. Further, all the prayers said every day would wash over the soul of the one buried there. It is a beautiful Old World custom, from a distant day and time, a reminder of the Spanish colonial traditions of the New World, which is very fitting for Mesilla, even today. And this story, about one priest, is just a small part of what makes the Basilica of San Albino so special for everyone who visits and worships there. Frankie Miller is a graduate student in the Public History Program at New Mexico State University. In 2008 she received the Mary and J Paul Taylor Scholarship in 2008 and was named Public History Graduate Student of the Year. Her thesis rMesaearyrcDh aconniecelsrnTianygloFractohlelre.ctJeeda,nwGhircahnFger,anwkaiseipnrflouceenssceedd by letters and records that for Rio Grande Historical Collections during an internship in the Taylor home. Frankie is also researching the history of French priests in southern New Mexico with Dr. Claude Fouillade. Endnotes 1 Papers of Mary Daniels Taylor, 6 Granjon, 54. Rio Grande Historical Collections, New Mexico State University Li- 7 Ibid, brary. 8 Amelia Lopez Gamboa interview. 2 Henry Granjon, Along the Rio Grande: A Pastoral Visit to Southwest New 9 Papers of Mary Daniels Taylor. Mexico in 1902, edited by Michael Romero Taylor, translated by 10 Letter to Bishop Granjon, Tucson Mary W. de Lopez (Albuquer- Diocesan Archives. que: University of New Mexico Press,1986), 131. 11 Papers of Mary Daniels Taylor. 12 Martina Will de Chaparro, Death 3 Granjon, 52. and Dying in New Mexico (Albuquer- 4 Amelia Lopez Gamboa, interview que: University of New Mexico by Frankie Miller, 11 July 2008. Press, 2007). 5 Ibid. Click for Next Article Click for Table of Contents Click for Table of Contents Click for Previous Article PRESIDENT BENJAMIN HARRISON, JUDGE A.A. FREEMAN AND THE SHALAM COLONY: A LEGAL AND POLITICAL HISTORY Mark Thompson As the comprehensive bibliography in the Rio Grande His- torical Collection of the New Mexico State University Ar- chives shows, the nineteenth-century Shalam religious colony near Do�a Ana is the subject of many fascinating stories.1 Less often told, perhaps, is the story of litigation involving the colony, the legal and political fallout that may or may not have occurred as a result, and the surprising legacy of the New Mexico Supreme Court opinion ending the litigation. The colony had become a reality by 18842 and in 1887 one of the disgruntled colonists sued, seeking money damages for wrongs committed by the leaders. Jessie Ellis alleged that John Newbrough and A.M. Howland had knowingly and falsely asserted: (1) that the property of the colony would be held in common; (2) that the community would be governed by brotherly love, without a leader; (3) that all members would have an equal, permanent place in the colony; and, (4) that the community was based on principles of sound morality and purity of life.3 Because he had relied upon these false statements, and because he also alleged that the defendants had not delivered on a promise of payment for his work, Ellis claimed he was entitled to $10,000.00. Represented by prominent Las Cruces lawyer, Simon Bolivar ("S. B.") Newcomb, the defendants answered with a "demurrer," a pleading that asks the court to dismiss the case on the grounds that, even if all the "facts" alleged are true, the plaintiff has not stated a proper (legal) "cause of action." (In modern pleading terminology, the complaint "fails to state a claim upon which relief can be granted.") The defense is important for understanding the legal issues involved in the case, something which gets lost in the entertaining appellate opinion. The district judge did not dismiss the case and, after a trial in May 1888, a jury awarded Ellis $1,500.00. Because it was a "general verdict," we will never know what part of Ellis' claim the jury believed had been proved. The defendants appealed, but the matter languished in the Supreme Court until August 1891. While the appeal was pending, Congress increased the number of New Mexico territorial judges by creating the 5th Judicial District.4 President Benjamin Harrison offered the position to the recently retired, long time Speaker of the U.S. House of Representatives, Thomas B. Reed of Maine, who turned it down.5 In October 1890, A. A. Free- man, then in private practice in Washington, D.C. after a seven year term as an Assistant U. S. Attorney General, accepted the offer.6 At its creation, the district was comprised of Socorro, Lincoln, Chaves and Eddy counties. Much to the consternation of the southeastern New 8 Southern New Mexico Historical Review - January 2009 Mexico lawyers, Socorro became the headquarters for Judge Freeman.7 Because the territorial judges served as both trial (district) judges as well as appellate (Supreme Court) judges, Freeman also took his place on the appellate court and was assigned the task of writing the opinion in the appeal of Ellis v. Newbrough. Alfred Alexander Freeman was no legal or political novice. Born in Haywood County, Tennessee on 7 February 1838, he was admitted to the Bar at age twenty-one. A Union supporter during the Civil War, he was first elected to the state legislature in 1865. After an unsuccessful race as the Republican candidate for governor of Ten- nessee in 1872, he accepted appointment as U.S. Consul in Prague, but resigned the post after a few months. Returning to Tennessee Alfred Alexander Freeman he was again elected to the legislature in 1876, resigning the next year to take the position in the Justice Department in Washington.8 The opinion of Judge Freeman, issued by the New Mexico Supreme Court on 19 August 1891, defies easy summary. Lee Priestly probably did the best job, calling it "ten rollicking pages of ridicule."9 Judge Freeman, it can be argued, summarized the case thusly: "What the declaration [complaint] leaves as uncertain, the proof [evidence presented by the plaintiff] makes incomprehensible. If the court below had been invested with spiritual jurisdiction, it might have been enabled, through an inspired interpreter, to submit to a mortal jury the precise character of plaintiff 's demand."10 As will be seen by later use of the opinion by other courts, judge Freeman could have skipped to the conclusion: "We are of the opinion that a proper cause of action was not set out in the declaration...and the judgment of the district court should be reversed." Unfortunately, perhaps, he proceeded to mock the religion of the parties, thereby laying the foundation for the assertion that he so displeased President Harrison that he almost lost his job as a territorial judge. Benjamin Harrison was certainly a straight-laced and proper lawyer; some persons apparently described him as the dullest personality ever to inhabit the White House. As a young man, he almost chose the ministry instead of law He and his first wife Caroline both had a strong allegiance to the Presbyterian Church and he served as an Elder for al- most forty years.11 Consequently, it is easy to believe that he would find an appellate opinion mocking religion improper. But in 1948, the for- mer librarian of the New Mexico Supreme Court, Arie W. Poldervaart, claimed that the President was so deeply disturbed that Freeman "nearly lost his place upon the court."12 A search for evidence of Harrison's displeasure, an examination of the law governing territorial judges, and,  Mark Thompson: President Benjamin Harrison 9 a review of Harrison's personal and political situation in 1891-92, leads me to doubt that Judge Freeman's job was truly in jeopardy. How did President Harrison make known his displeasure with judge Freeman? A study of how the Shalam colony was treated by the Rio Grande Republican does not mention the case or Judge Freeman's opinion13 and my own review of that and Santa Fe, Carlsbad and Albuquerque newspapers, limited to late 1891 and early 1892, turned up no stories. If the index of the Harrison papers is reliable, the President never wrote Judge Freeman, New Mexico Chief Justice James O'Brien or Governor L. Bradford Prince during that same period.14 Although the President and Secretary of State James Blaine often discussed political appointments, I found nothing in their correspondence between August 1891 and June 1892.15 None of this proves that Harrison did not in some way express his displeasure, but it might speak to the supposed notoriety of the whole affair. Territorial judges were appointed by the president with the advice and consent of the senate but did not have lifetime tenure. They were known as "legislative judges," with whatever status and jurisdiction Congress chose to give them. As in Judge Freeman's case, they were usually appointed "for the term of four years, and until his successor is appointed and qualified."16 Their lack of constitutional status did not mean Congress was unconcerned about their judicial independence. The Act of Congress creating the territory of New Mexico, commonly known as the "Organic Act," provides a good example. The appointment of judges for fours years is contrasted with the appointments of governor, secretary, U.S. Attorney and U.S. Marshall. These executive branch officers were appointed to a term of four years "unless sooner removed by the president of the United States."17 At least three U.S. Supreme Court Justices found this distinction significant, describing New Mexico as having judges appointed for an "absolute" four year term. Even if Harrison did not seek a formal legal opinion on his authority to fire a territorial judge, he was undoubtedly aware of an opinion of the U.S. Supreme Court issued just three months before Judge Freeman's opinion in Ellis. President Cleveland had "suspended" Judge McAllister of Alaska pursuant to the Tenure of Office Act in July 1885. By the time the appeal reached the U.S. Supreme Court the statute had been repealed, but the court held that the Tenure of Office Act had indeed applied to territorial judges in 1885 and that Cleveland had acted lawfully.19 In addition, the court correctly noted that "[w] hat ever may be the powers of the president over territorial judges, now that [the Tenure of Office Act] is repealed, we need not now discuss." No other territorial judges gave the court the opportunity to discuss the issue, but in 1897 the court explained that McAllister held that "prior to the repeal of [the Tenure of Office Act, a territorial judge] was subject to removal before the expiration of his term of office.20 Nevertheless, 10 Southern New Mexico Historical Review - January 2009 at least one lawyer/law professor/historian asserts that, based upon McAllister, territorial judges were subject to removal at any time.21 Finely tuned legal arguments do not always prevail in a confrontation with political reality and the relationship of President Theodore Roosevelt with New Mexico territorial judges provides two examples. The first might be considered fairly straightforward: the firing of Benjamin Stanton Baker in 1904. Baker, from Nebraska, was appointed by Roosevelt in December 1901 and was the resident judge in Albuquerque when he was abruptly dismissed in December 1904.22 Although he had apparently incurred the wrath of Governor Otero, and the Albuquerque Journal said his "passions and prejudices" were so strong they controlled his judgment, it was not entirely clear what brought about the removal.24 Having apparently declined to resign quietly before the order was issued, Judge Baker was able to convince the President to retract the order of dismissal and he then resigned.25 If the first example was simply "resign or be fired," the second bordered on the bizarre. President McKinley had appointed Daniel Hugh McMillan of New York in December 1900 but by the fall of 1902 the Justice Department had opened an investigation of McMillan based upon allegations of "inappropriate" sexual activities.26 A lengthy process followed, ending about 1 April 1903, with McMillan confident that he had refuted the case against him27 On 22 June 1903, Roosevelt announced that he had removed McMillan from office and appointed Clement C. Smith of Michigan to the position.28 The new appointment caught the Attorney General, who apparently had his own favorite, by surprise and enraged Bernard Rodey, the territorial delegate to Congress, because Rodey wanted a New Mexican in the position.29 In the meantime, former Judge McMillan, who had been removed "on a charge of general immorality," appealed, not by filing a legal action but by attempting to have the U.S. Senate review the matter when it recon- vened later in the year.30 The Senate never took up the matter and on October DATE MISSING New Mexican William H. Pope was named to the judgeship, Rodey apparently prevailing over the President and the Attorney Genera1.31 If the two "Roosevelt" cases confirm our suspicion that U. S. Presidents usually get their way, it seems ironic that Baker and McMillan get a pass from historians while the legend persists that Judge Freeman almost lost his job. Professor Poldervaart does not even mention Judge Baker or Judge McMillan in his history of the territorial court, much less discuss their "removal." Professor Weihofen, in the "official" history of the United States Court of Appeals For the Tenth Circuit, does not say anything about the removal but does say that Baker was "eminently able" and that McMillan "showed solid integrity and a sound grasp of the problems presented by the cases" and also "had a strong sense of social responsibility..."32  Mark Thompson: President Benjamin Harrison 11 No doubt Benjamin Harrison could have demanded Judge Freeman's resignation, but his personal and political distractions during the period after the issuance of the Ellis opinion in August 1891 should raise doubts about the extent of his engagement on the Freeman matter. Benjamin's wife, Caroline, had been diagnosed with tuberculosis and he cut back on travel outside of Washington that fall.33 During this time, with major foreign policy matters such as turmoil in Venezuela and Ha- waii on his plate, his relationship with Secretary of State James G. Blaine deteriorated. Blaine resigned in June 1892, and challenged Harrison for the Republican Party nomination. Harrison won the nomination but because of Caroline's health he refused to campaign. His opponent, Grover Cleveland, out of respect, likewise did not campaign. Caroline died in late October, just days before the election won by Cleveland. Judge Freeman served until his successor was appointed by President Cleveland and qualified for the office in early 1895, slightly more than his "absolute" four year term. Contrary to the assumption that he had made his home near his Socorro headquarters, Freeman had purchased land from John A. Eddy in the county named for the Eddy brothers in 1891.34 In April of 1893, his daughter, Beatrix, married lawyer James 0. Cameron in the Grace Episcopal Church in Carlsbad, then known as Eddy35 When his term as judge ended, Judge Freeman entered into the private practice of law with his son-in-law in Eddy.36 Judge Freeman apparently enjoyed the respect of both the legal and political communities. He served as President of the New Mexico State Bar in 1900 and that year was appointed by Governor Otero to the "Blue Ribbon" committee of prominent New Mexicans sent to Washington to lobby against a bill that would have given the State of Texas effective control over the water of the Rio Grande River.37 In 1904 Congress again created another territorial judgeship in New Mexico and Freeman was suggested for the position that eventually went to Las Cruces lawyer, Edward A. Mann.38 That same year his son Hugh, who had recently joined the law firm, died in an accident on his farm.39 In late 1907 the Freeman and Cameron families pulled up stakes and moved to British Columbia to engage in the lumber business.40 Alfred Alexander Freeman died in Victoria, British Columbia on 27 March 1926. Before considering the possible legacy of Judge Freeman's opinion in the Shalam case, it is necessary to state what it was not- "a leading case on the legal doctrine of estoppel," as claimed by Professor Poldervaart in 1948. First, it could not be leading because it has never been cited as authority on the estoppel principle by any appellate court. That fact is easily shown by reference to the Shepard's/McGraw Hill Citator, used by lawyers since the early twentieth century to determine the subsequent history of appellate opinions.41 Second, the other three judges considering the case with Judge Freeman refused to concur in his opinion, joining only in the result, the reversal of the district court. In other words, it was not the opinion of "the court" and would not be 12 Southern New Mexico Historical Review - January 2009 considered "precedent."42 Third, the decision did not prevent recovery by Ellis based upon evidence of his conduct or silence, the definition of "equitable estoppel." The court, i.e. all judges, held that his complaint was legally deficient and the case should have been dismissed at the outset. Yes, Judge Freeman did discuss the conduct of Ellis, saying that Ellis should have known better and that he was complicit in the "fraud." But the Freeman comments are more than mere obiter dicta, i.e., comments not essential to the decision; they are satire. History has made its judgment on the legacy of the opinion, however, and it is favorable. No less than five state courts have cited Ellis in dealing with legal actions raising a serious problem under the First Amendment to the United States Constitution: are the civil courts qualified to resolve theological or doctrinal issues in order to determine if a religious organization has breached a contract or committed a wrong against one of its members, employees or members of the general public?43 Unless you are one of the persons claiming harm, most U.S. citizens are probably thankful that the courts have answered the question in the negative, adopting what has become known as the "church autonomy doctrine."44 Judge Freeman did not know the doctrine title, but he described it well, if poetically:" If the court below had been invested with spiritual jurisdiction, it might have been enabled, through an inspired interpreter, to submit to a mortal jury the precise character of plaintiffs demand." It was not so invested and Mr. Ellis was shown to the courthouse door. Mark Thompson practiced law in New Mexico for thirty years and writes about the history of New Mexico law and lawyers for the State Bar Bulletin. This article is an adaptation of an article which appeared in the State Bar Bulletin in January 2007. Endnotes 1 The bibliography compiled by Review 33 (January 1958): 1-23 and 33(April 1958): 103-27; Lee Linda Blazer may be accessed Priestley, Shalam: Utopia on the Rio Grande, 1881-1907 (El Paso: Texas online at archives.nmsu.edu Western Press, 1988). 2 "SHALAM. The Name of a New 3 I have relied on both the Supreme Colony Just Started Near Do�a Court opinion, Ellis v. Newbrough, Ana," The Rio Grande Republican, 6 N.M. 181(1891), and Elnora W. 11 October 1884, 1. See generally, Wiley, Inside the Shalam Colony (Los Kathryn D. Stoes, The Land of Shalam, New Mexico Historical  Mark Thompson: President Benjamin Harrison 13 Alamos, N. Mex.: privately sections 10 and 12 with sections 3, 4 and printed, 1991), 57-60, for the 11. (Section references to the Organic Act description of the case in the district court. as compiled with "historical documents" 4 Act of 10 July 1890.5 Albert in the New Mexico Statutes Annotated, T. Volwiler, The Cor r espon- 1978 edition.) the three judgeships created dence Between Benjamin Harri after 1890, had four year appointments. son andJames G. Blain, 1882-1893 (Philadelphia: The American McMillan are short on details of his Philosophical Society, 1940), 127. wrongdoing. Otero, whom historians usu- 6 "Judge Freeman," The Eddy Argus, 1 November 1890,1. 17 Act of 9 September 1850. Compare sections 10 and 12 with sections 3, 4 and 7 "The Fifth Judicial District," The Eddy 11. (Section references to the Organic Act Argus, 1 August 1890,1. as compiled with "historical documents" in the New Mexico Statutes Annotated, 8 "Judge A.A. Freeman," The Eddy Argus, 1978 edition.) 14 February 1891,1. 18 Wingard v. United States, 141 U.S. 201 9 Priestly, note 2 supra at 23. (1891), Justice Field, joined by Justices 10 Ellis v. Newbrough, 6 N.M. at 184. (em- Gray and Brown, dissenting. Justice Field thought the territorial organization acts phasis added). trumped the Tenure of Office Act. 11 Homer E. Socolofsky & Allan B. Spetter, ally take with a "grain of politics," thought The Presidency of Benjamin Harrison (Univer- Roosevelt had "treated Judge McMillan sity of Kansas Press, 1987), 7. shamefully." 12 Arie W. Poldervaart, Black-Robed Justice, 23; 19 McAllister v. United States, 141 U.S. 174 New Mexico Historical Review (January 1948): (1891). Judge McAllister had only sued for 47-49. Subsequent writers rely on Polder- his unpaid salary, not for reinstatement. vaart for this assertion and I have found The case of the Washington territory no earlier claim in writing. See e.g., James judge, Wingard, who also lost his action K. Logan, ed., The Federal Courts of the Tenth for unpaid salary, was decided as a com- Circuit: A History (Denver: U. S. G.P.O., panion case to McAllister and was also 1992), 248 (chapter by Henry Weihofen). controlled by the Tenure of Office Act analysis. 13 Daniel Simundson, Strangers in the Valley: The Rio Grande Republican and Shalam, 1884- 20 Parsons v. United States, 167 U.S. 324, 1891, New Mexico Historical Review 45 (July 337 (1897). Parsons was the U.S. Attorney 1970): 197-208. for the Northern and Middle districts of Alabama. The opinion is well worth 14 Library of Congress, Index to the Benjamin reading for its history of the Tenure of Harrison Papers (Washington, D.C.: G.P.O. Office Act and its use by Congress in 1964), 96, 217, 235. the impeachment of President Andrew Johnson. 15 Note 5, supra. 21 See e.g., Logan, ed., 10th Circuit History, 16 Note 4, supra, � 2. The first four ofthe note 12 supra at p. 12. (chapter by Paul E. three judgeships created after 1890, had Wilson). four year appointments. 22 "JUDGE BAKER REMOVED BY McMillan are short on details of his ORDER OF THE PRESIDENT. wrongdoing. Otero, whom historians Friends Say Order is Severe Surprise," The usu- 17 Act of 9 September 1850. Compare 14 Southern New Mexico Historical Review - January 2009 Albuquerque Morning Journal, 10 December 1, 1981), 82. 1904, 1. 36 "Professional Card: Freeman & Cam- 23 Miguel A. Otero, My Nine Years as Governor eron," The Eddy Weekly Current, 16 May 1895, 3. of the Territory of New Mexico, 1897-1906 (Albuquerque: University of New Mexi- 37 Miguel A. Otero, note 23 supra, at p. 28. co Press, 1940), 328. Do�a Ana County lawyers, S. B. New- comb, A.B. Fall and W.H.H. Llewellyn 24 "WILL BE NO HEARING IN BAK- were also members of the committee. ER CASE. Rodey Informed That Matter 38 "Freeman Endorsed. Roswell Bar Favors Is Closed," The Albuquerque Morning Journal, Him for Judge of the New District," The December 11, 1904, 1. Carlsbad Argus, 6 May 1904, 2. 25 "JUDGE BAKER ALLOWED TO 39 "Conquering Death Summons Hugh Freeman," ibid at p. 4. The other Freeman RESIGN FROM OFFICE," The Al- son, Elmore, died by suicide in 1903. "By His Own Hand," The C'arlsbad Argus, 9 buquerque Morning Journal, 20 December October 1903, 1. 1904, 1. 40 "The New Law Firm: Judges Grantham and Dye Form Law Partnership and Suc- 26 Otero, note 23 supra at 327. Keeping with ceed Freeman, Cameron & Fullen," The Carlsbad Argus, 14 February 1908, 2. See the tradition of the time, the newspaper also, James Oscar Cameron household, 1911 Census of Canada, British Colum- articles on territorial judges in New Mex- bia population schedule, Victoria District 13, subd istrict 14, page 12, dwelling 112, ico, as well of 27 "He Has Not Resigned," family 114; microfilm ed., Library & Archives of Canada, Ottawa. Albuquerque Journal-Democrat, 9 April1903, 41 The only opinion citing Ellis v. New- 5. brough for something close to "estoppel," 28 "M'MILLAN'S HEAD FALLS," Albu- was by a court of appeals in Illinois which used Ellis for the proposition that some querque Journal-Democrat, 23 June 1903, 1. statements are of such an improbable sort 29 "Rodey Makes Stormy Kick," Albuquerque that a reasonable person is not entitled to rely on them. Mother Earth. Ltd. v. Journal-Democrat, 25 June 1903, 5. Strawberry Camel, Ltd., 390 N.E. 2d 393, 30 "WILL APPEAL TO THE SENATE. 405 (111.App. 1979). Judge McMillan Disappointed With 42 Cf., Chadwick v. Public Serv. Co. of N.M., Decision of Department of Justice," 105 N.M. 272, 274 (Ct. App. 1986). Albuquerque Journal-Democrat, 26 June 1903, 1. 43 State v. Atnana Society, 109 N.W. 594 31 "Judge William H. Pope of Santa Fe (Iowa 1 906);Williams v. Johnston, 1 04 Selected by President Roosevelt For N.W.789 (Ark. 1907); Ruse v. Williams, Supreme Bench in New Mexico," The Al- 130 Pac. 887 (Ariz. 1913); State ex rel. buquerque Morning Journal, 8 October 1903, Chamberlain v. Hutterische Bruder Ge- 1. Bernard Rodey, following Judge Pope's meinde, 191 N.W. 635 (S.D. 1922); and, death, took credit for the appointment. "A Seventh Elect Church in Israel v. First Friend's Tribute to the late Judge Pope," Seattle Dexter Horton Nat. Bank, 10 P.2d Santa Fe New Mexican, 17 September 207 (Wash. 1932). 1916,4. 32 Logan, cd., 10th Circuit History, note 12 44 Celnik v. Congregation B'Nai Israel, 139 supra at p.256. N.M. 352 (Ct. App. 2006). It should not 33 Socolofsky & Spetter, note 11 supra at p. be a surprise, given the history discussed 92. above, that the Ellis opinion was not 34 "Eddy County Deeds," The Eddy Coun- recognized as a prior New Mexico case ty Genealogical Society, Pecos Trails (Vol.7 , 1987), 32. on the subject. 35 "Book A-1, Records of Eddy County," The Eddy County G. S., Pecos Trails (Vol. Click for Next Article Click for Table of Contents Click for Table of Contents Click for Previous Article SHALAM COLONY: DREAM IN THE DESERT Christopher Schurtz and Cameron L. Saffell Acentury before the hippies of the Age of Aquarius established com- munes in the hills outside of Taos and Santa Fe, a similar group of long-haired, tar-fixated idealists came to New Mexico to create the Territory's first major communal society. They called themselves Faithists and were led by their own charismatic prophet, who claimed spirits had guided his hands to produce the sect's 900-page new age bible. In the winter of 1884 the group of two-dozen men, women, and children pitched their tents on a scrappy piece of land eight miles north of what was then the small town of Las Cruces. Most of them came with sincere intentions to implement the The Shalam Colony ca. 1885. The vision of the "Land of Shalam," a Shalam colonists lived in tents for more socialistic society depicted within than a year. Notice the Small adobe their bible Oahspe. The plan was building upper right that served as a temple. Photo Courtesy of Archives and to make Shalam a place where all Special Collections Department, New property was held in common, Mexico State University, Ms337, RG93- where a diet free of intoxicants and animal products was pursued, where no one was paid to work and all contributed equally to the success of the colony. Shalam was also to be an agrarian community that took in unwanted babies or orphans to be raised under the strict edicts of Oahspe. The group's unquestioned leader, John B. Newbrough, predicted Shalam would one day boast thousands of enlightened inhabitants, hanging gardens and grand walk- ways, libraries, music halls, and fields and orchards bursting with bounty. The Shalam colony never fulfilled this ambitious vision. Not unlike the New Mexico communes that would come later, Shalam would fall apart within a few years due to internal strife, charges of duplicity and hypocrisy, and a string of simple bad luck and timing. In the process of trying, however, the colony did adopt as many as thirty babies, and it pioneered several progressive agricultural methods not previously used in New Mexico Territory. It also, in the process, in- The Fraternum was the first major spired its own collection of myths structure built Made of adobe, it and misconceptions about the na- featured 40 dorm rooms, a library ture of the colony and the people and steam laundry. Photo Courtesy of Archives and Special Collections who lived there. Department, New Mexico State While the dream in the University RG89-2618. 16 Southern New Mexico Historical Review - January 2009 desert was never fully realized, it foretold of agricultural innovations that would eventually reach the Me- silla Valley. Few took up Shalam's example in using a steam-powered tractor, mostly because the awkward machines did not work well in New Mexico soil. That changed in the 1940s as farmers adopted gas-pow- ered tractors that deep-plowed the Shalam's irrigation system was one of the largest in the Southwest. In addition, this windmill soil. Valley residents observed How- system ca. 1900. fed water to the buildings land's irrigation system with awe. and garden. Photo Courtesy of Archives and Many installed windmills after he Special Collections Department, New Mexico showed they could be effective, but State University, Ms03830013 few had the money, or the desire, to put in such large and expensive well-fed farms. Today farmers use deep wells mostly to supplement their water allotment from the Rio Grande. With the deep faith and deep pockets of Andrew Howland, Shalam Colony suffered for nothing and enjoyed the latest and best technologies. His innovative irrigation system perhaps would have been a model for others had the Elephant Butte project not occurred. Shalam also proved to have a lasting influence in the memories of nearby Do�a Ana, who still recall "La Colonia" with great fondness--both for its residents and the economic support it engendered. The Shalam colonists were all "characters" of oddities and eccentricities with bold personal- ities, but it is perhaps Howland who was the most unique. His s [... excerpt truncated; full document held on file, contact an admin for the complete text ...]