Judge Joseph Kibbey in 1900.

As Judge Joseph Kibbey lie in state on the Great Seal of Arizona under the Capitol Rotunda, he was eulogized by Judge Richard Sloan “…as the builder of states.” Sloan stated that Kibbey had three great opportunities presented to him and he embraced them all. The opportunities included Kibbey’s ruling on water rights, that mines should pay their fair share of taxes and the organization of the Salt River Valley Water Users’ Association.
Joseph Kibbey was born in Centerville, Ind. on March 4, 1853. His father, John, was a distinguished judge and a friend of Abraham Lincoln. Joseph Kibbey attended Earlham College in Richmond, Ind.
Earlham is a college associated with the Religious Society of Friends, or Quakers, and “…emphasizes: pursuit of truth wherever that truth leads; lack of coercion, letting the evidence lead that search; respect for the consciences of others; openness to new truth and therefore the willingness to search; veracity, rigorous integrity in dealing with the facts; application of what is known to improving our world.” Joseph Kibbey seemed to embrace all of these ideals during his 36 years in Arizona.
Kibbey taught school in Arkansas, sold merchandise in Illinois and practiced law in Indiana before moving to Florence in 1888. He initially worked for a large irrigation company when he came to Arizona.
In 1889, President Benjamin Harrison appointed Joseph Kibbey to be an associate justice of the Supreme Court of Arizona. In 1892, he presided over Wormser v. Salt River Valley Canal Company. In what became known as the “Kibbey Decision,” he ruled water belongs to the land, prior water rights belong to the original irrigator and water was not the property of the irrigation company. This was a precedent-setting ruling that forever changed water rights in the West.
Kibbey then went into a private law practice in Phoenix. Over the next few years, he also served as city attorney for Phoenix and assistant district attorney for Maricopa County. In 1902, Kibbey was elected to the upper house of the Territorial Legislature and served as minority leader. In 1903, Kibbey drafted the articles of incorporation for the Salt River Valley Water Users’ Association, now SRP. In 1904, he was appointed attorney general of the Arizona Territory.
In 1905, President Theodore Roosevelt appointed Kibbey territorial governor. Gov. Kibbey almost immediately began a battle with President Roosevelt and Congress in order to block the formation of a state that would include both the Arizona and New Mexico territories. Congress passed a bill to make one state, but residents of each territory had to approve the joint state. In November of 1906, 3,141 Arizona citizens voted for joint statehood while 16,265 voted against the measure.
As governor, Kibbey worked hard to bring a moral compass to Arizona. Kibbey recommended laws outlawing gambling, controlling liquor sales and prohibiting prostitution. Kibbey stated: “…cities, towns, and villages are growing up all over the Territory. Every year finds a larger number of children, whose education…demands a more careful consideration than was accorded to it when our towns and villages were the abodes of men chiefly…” Laws were passed and Arizona became more civilized.
Kibbey then took on the mining industry. As a Republican, Kibbey felt that mines should pay a fair share of taxes to support Arizona. In 1907, Kibbey told the Legislature “… farms, city and town lots, houses, shops and stores, banks, railroads, cattle, sheep, horses and all other smaller items of property are assessed at figures which at least approximate equality, and probably at least one-half their value. But the great mines… pay but a small proportion of the taxes —in no event exceeding eight or 10 percent of their proper share.” The Legislature did pass a bill modestly raising taxes on the mines.
Kibbey’s term as governor was coming to an end in 1908. Naturally, the mining companies lobbied hard to keep him from getting a second term as territorial governor. They succeeded and Richard Sloan was appointed the last territorial governor of Arizona.
Kibbey’s last day in office was May 6, 1909. He returned to a successful law practice in Phoenix. Judge Joseph Kibbey died of apoplexy in 1924 at age of 71 as he was getting dressed to go to work.
As his body was being taken down Washington Street to Greenwood Cemetery, the Mesa Battery of the Arizona National Guard gave the thunderous “…Governor’s salute of 17 guns, fired from French 75’s…” as the funeral procession passed the Capitol for the last time.
The Maricopa County Bar Association wrote a remembrance of Judge Kibbey that was filed with the county. In it, the Bar summarized Judge Kibbey’s life by saying he was a “…scholar, student, philosopher, jurist and last but not least a public servant than whom none ever exceeded him in devotion to the public cause.”
Mike Miller. Photo courtesy of Arizona State Library, Archives and Public Records, Archives Division, Phoenix #97-6997.