Richard Elihu Sloan - Arizona Territory

Arizona Territory

While in San Francisco, Sloan suffered a bout of hay fever and asthma, and it was recommended to him that he should try the Arizona climate. Sloan and Chalmers arrived in Phoenix, Arizona Territory in late 1884, and Sloan found the climate relieved his respiratory problems. Sloan was admitted to the territorial bar in January 1885 and opened a private legal practice with Chalmers as his partner. The firm of Sloan & Chalmers lasted until early 1886, when Sloan moved to Florence.

Sloan was elected to a term as County Attorney for Pinal County running from 1887 to 1889. In 1888 he served as temporary chairman for the territorial Republican convention and was elected to represent Pinal County as a Councilmember in the 15th Arizona Territorial Legislature. Sloan married Mary Brown of Hamilton, Ohio on November 22, 1887. The marriage produced three children: Richard E., who died in childhood, Elanor B. and Mary.

In May 1889, Sloan applied to U.S. Attorney General William H. H. Miller for a position as a judge. He was given a recess appointment to Arizona Territory's 1st district by President Benjamin Harrison in October 1889. The appointment was confirmed by the U.S. Senate on February 19, 1890. Upon his appointment Sloan moved to Tucson, the primary court location for his district.

Shortly after taking the bench Sloan drew the anger of Governor Lewis Wolfley when the new judge appointed a personal enemy of the governor, Brewster Cameron, as his court clerk. The governor complained that Sloan was ineligible to become a judge under federal law as he was a member of the territorial legislature. This complaint was technically correct as Sloan's term in the legislature did not officially end until December 31, 1890. The governor's ire was further provoked when Sloan dismissed his appeal of Wolfley v. Gila River Irrigation Company (1890), 3 Arizona 176 by pointing out that the appeal failed to claim any legal errors in the trial record.

Other notable decisions by Sloan while he was in Tucson were in Cheyney v. Smith (1890), 3 Arizona 143 when he determined that holidays, Sundays, and other days when the territorial legislature was in temporary recess did not count against a session's 60 day limit and Territory of Arizona v. Delinquent Tax-List of the County of Gila (1890), 3 Arizona 179 which determined a mortgage against a property did not reduce that property's assessed tax value. An 1892 ruling that the territory's government could not be held liable for bonds issued for the benefit of a company was upheld by the United States Supreme Court in Lewis v. Pima County (1894), 155 U.S. 54. His preeminent case came when he presided over the trial for the Wham Paymaster Robbery.

Sloan remained on the bench till February 19, 1894, with bipartisan support of the judge convincing President Grover Cleveland to allow him to complete his four-year term instead of replacing him at an earlier date.