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Western Legal History EGAL a Publication of Ninth Judicial Circuit Historical Society H Volume 31, Number 2 Volume BISBEE A Publication of Ninth Judicial Circuit Historical Society Historical Circuit Judicial Ninth of A Publication Western Legal History Western Volume 31, Number 2, pages 89 to 180 Western Legal History WESTERN LEGAL HISTORY Non-Profit Org. The Journal of the U.S. POSTAGE Ninth Judicial Circuit Historical Society PAID 95 7th Street PASADENA, CA San Francisco, CA 94103 Permit No. 244 wlh31-2_cv_wlh31-2_cv 6/16/2021 9:07 AM Page 2 WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY BISBEE VOLUME 31, NUMBER 2 2021 Western Legal History is published semiannually by the Ninth Judicial Circuit Historical Society, 95 7th Street, San Francisco, CA 94103. (415) 757-0286. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts, particularly the federal courts, in Alaska, Arizona, California, Hawai’i, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the NJCHS as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100- $249; Advocate, $50-$99; Subscribing (nonmembers of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49. Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please see our website, www.NJCHS.org or contact us via email at [email protected]. Western Legal History disclaims responsibility for statements made by authors and for accuracy of endnotes. Copyright ©2021, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts should be sent to [email protected], with a copy to ExecutiveDirector@ NJCHS.org. For more information see: https://www.njchs.org/western-legal- history-submissions. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation about punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article’s acceptance and appearance. Articles published in this journal are abstracted and indexed in America: History and Life; Historical Abstracts; the Index to Legal Periodicals; and the Legal Resources Index, and are available to the public off the NJCHS website and through HeinOnline. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publications of such is not to be construed as representing the attitudes of either the authors or Western Legal History. BOARD OF DIRECTORS DEBORA KRISTENSEN GRASHAM, ESQ. ADVISORY COUNCIL Chair J. Bruce Alverson, Esq. SONIA MARTIN, ESQ. Hon. Stanley Boone Vice Chair Magdalena Bordeaux, Esq. JEFF PORTNOY, ESQ. Cathy Catterson, Esq. Treasurer Hon. Morgan Christen COREY WEBER, ESQ. A. Marisa Chun, Esq. Secretary Matthew Close, Esq. RITA M. HAEUSLER, ESQ. Hon. Steve Cochran Immediate Past Chair Barbara Dawson, Esq. Caroline Djang, Esq. Seth Aronson, Esq. Ben Feuer, Esq. Hon. Stanley A. Bastian Hon. Haywood Gilliam Hon. Marsha S. Berzon Hon. Philip Gutierrez Ryan W. Bounds, Esq. Peter F. Habein, Esq George Brewster, Esq. Ernest A. Hoidal John Carson, Esq. Robert A. James Hon. David O. Carter Hon. Robert J. Johnston David S. Casey, Jr., Esq. Professor Colin Jones Hon. Richard R. Clifton Hon. Robert Lasnik Dale A. Danneman, Esq. Courtney Linn, Esq Gareth T. Evans, Esq. Robert D. Lowry, Esq Robert H. Fairbank, Esq. Sean McAvoy Jeffrey M. Fisher, Esq. Tracy Morris, Esq Margaret G. Foley, Esq. Hon. Kimberly J. Mueller Paul Friedman, Esq. Dan J. Nichols, Esq Kiry K. Gray Andrew Ong, Esq Hon. Michael Daly Hawkins Jonathan Patchen, Esq Cynthia Jones, Esq. Nora Puckett, Esq. Rachel Lee, Esq. Fred A. Rowley Jr., Esq. Ron Maroko, Esq. Kelli Sager, Esq Hon. M. Margaret McKeown Hon. Richard G. Seeborg Hon. Mary H. Murguia Joy Shoemaker, MLS, JD Hon. William H. Orrick III James Sigel, Esq. Kathleen M. O’Sullivan, Esq. Claire Wong Black, Esq. Rob Pfister, Esq. Douglas R. Young, Esq Hon. Virginia A. Phillips Kelly A. Zusman, Esq. Heather L. Richardson, Esq. Hon. Mary M. Schroeder BOARD EMERITUS Marc M. Seltzer, Esq. Jerome L. Braun, Esq. Hon. Milan D. Smith, Jr. Hon. Christine W. Byrd Hon. Christina A. Snyder Kenneth N. Klee, Esq. David S. Steuer, Esq. Thomas J. McDermott, Jr., Esq. Hon. Sidney R. Thomas Hon. D. O’Scannlain Gail Migdal Title, Esq. Lilian Tsai, Esq. Dean A. Ziehl, Esq. VOLUME 31 Editor-in-Chief HON. MICHAEL DALY HAWKINS Ninth Circuit Court of Appeals Editorial Board ARIELA GROSS JONATHAN ROSE USC Gould School of Law Arizona State University Sandra Day O’Connor ARTHUR D. HELLMAN College of the Law University of Pittsburgh School of Law HARRY N. SCHEIBER S. DEBORAH KANG Berkeley Law University of Texas, Dallas REUEL E. SCHILLER University of California SARA MAYEUX Hastings College of the Law Vanderbilt Law School HON. G. MURRAY SNOW PETER L. REICH United States District Court UCLA School of Law for the District of Arizona Book Review Editor CHARLES MCCLAIN, JR. University of California Berkeley Law Administrative Assistant Research Assistant LAURA FERGUSON JENNA SMITH Ninth Circuit Archivist Copy Editor ROLLINS EMERSON PAMELA MARSHALL Production ROBYN LIPSKY KATIA KISTON VOLUME 31 CONTENTS INTRODUCTION Michael Daly Hawkins ........................................ 89 THE BISBEE DEPORTATION: THERE WILL BE ORE Michael Daly Hawkins ........................................ 91 GOVERNOR HUNT, LABOR, AND THE BISBEE DEPORTATION Paul F. Eckstein and Timothy J. Eckstein ......................... 115 FELIX FRANKFURTER AND THE BISBEE DEPORTATION Jonathan D. Rosenblum ....................................... 131 THINGS I CAN NEVER FORGET Alice Campbell Juliff .......................................... 169 BOOK REVIEWS ...................................................... 173 MEMBERSHIPS, CONTRIBUTIONS AND GRANTS Michael Daly Hawkins Introduction This issue is devoted to a hundred-year-old event seminal to the histo- ry of Arizona: the Bisbee Deportation of 1917. Occurring just five years into the forty-eighth state’s joining the union, it happened at the intersection of America’s involvement in World War I, border raids by Mexican revolutionar- ies, the rise of the copper mining industry in the American Southwest, and dramatic changes in the representation of that industry’s workforce. First is an introductory piece on the deportation itself—its origins, flash points, and enduring controversy. Next, the father-and-son team of Paul and Tim Eckstein present their take on the pivotal election of 1916 and its impact on the deportation itself. Finally, Jonathan Rosenblum presents fresh insight, based on remarkable new research and analysis, into the in- terplay between three individuals, each having left his own impact on the major events of the early twentieth century: Felix Frankfurter, Theodore Roo- sevelt, and John (Jack) Campbell Greenway. Finally, we offer a first for this journal, a poem, written at the time of the deportation by someone with family ties to both the event and its remarkable cast. The Bisbee Deportation involved an armed and organized citizen posse acting wholly without legal authority but justifying their actions on their be- lief that the mine workers and their union were conspiring to disrupt the na- tion’s copper supply in the run-up to World War I. Past is sometimes pro- logue. Note: This issue could not have gone forward without the detailed factual research and editing work of Jenna Smith, who has a great future not only in the legal profession but also in opposition research. No attainable fact is beyond her skilled reach. 89 Michael Daly Hawkins* THE BISBEE DEPORTATION: There Will Be Ore In the early morning hours of July 12, 1917, more than a thousand mine workers and their sympathizers were rounded up at gunpoint by a citizen posse in Bisbee, Arizona, and ultimately marched several miles to waiting railroad cattle cars, which carried them into the New Mexico desert, where they were abandoned. Widely written about and examined,1 what became known as the Bisbee Deportation occurred in the early days of Arizona statehood. Tensions were high at home and abroad. Just one year earlier, the Mexican revolutionary Francisco Pancho Villa2 had staged a deadly cross-border raid into Columbus, New Mexico, leading to the stationing of U.S. Army troops along the border in both Arizona and New Mexico. Arizona governor George W. P. Hunt, a progressive and labor-friendly Democrat, had, at least on Election Day in 1916, narrowly lost his bid for a third term. His successor, Republican Thomas Campbell, would hold office for eight months, only to lose it in a hotly contested recount.3 Nationally, the deter- * Judge Hawkins is a graduate of Arizona
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