1 / %'& pj! Ht^||jiA>a >a^^^ ^,^^4^// /^^ Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028881188 ■^- 0pypi(2r iql)f"l§§ spoken of above, which has been proven conclusively to be the Drake's Bay of to-day. For some unexplained cause, not much use had been made of the information gained from these trips, which were of frequent occurrence, and it was not for one ' Early History and Settlement. 53 hundred and sixty-eight years that any steps towards the permanent settlement of Upper California were undertaken. Under the joint management of Church and State, a plan with this end in view was commenced in the year 1683, but it failed, the State being represented by Admiral Otondo, and the Church by a Jesuit Father named Kino, La Paz being their point of operation ; but we are correct, we believe, in stating that they did not all visit Upper California. The settlement of the peninsula was finally undertaken fourteen years later, when sixteen missionary establishments were founded by Father Salva Tierra. The order which he represented falling into dis- grace in Europe, however, was banished from the dominions of Spain and Lower California in 1768, after laboring for seventy years. They wei^e in turn succeeded by the Franciscans and Dominicans, the former of whom, under the guidance of Father Junipero Serra, proceeded to the conquest and conversion of this part of the country. This Reverend Father is recognized by the Roman Catholic Church as the Apostle of Upper California and acknowledged in history as its founder. To effect this conquest and conversion two expeditions were simultaneously dis- patched from Lower California, the one by land, the other by sea. The overland one, under the command of Don Caspar de Portala, the first Governor of California, reached San Diego on the first of July, 1 769, and after a short rest there, resumed its northward march on the 14th of the same month. Two schooners, the San Jose and the Principe, had been directed to follow up the coast, and a rendezvous appointed at the Bay of Monterey, described by Viscaino as a magnificent port, and which Galvez designed to occupy as the base of his new colony. After numerous vicissitudes Portala's expedition descending the valley of the Salinas reached its mouth October 1st. ' Unable on a hasty reconnaissance to find the " magnificent port " described by Viscaino, and misled by a fog-bank into the belief of another headland immediately north of Point Afio Nuevo (now the extreme southwestern point of San Mateo County), the adventurers continued their journey, and, on the 30th of the month, reached Point Corral de Tierra and camped on the site of the present town of Half Moon Bay. The headland to the west of them. Father Crespi, the chaplain of the expedition, called Point " Guardian Angel," but the more worldly-minded soldiers, from the abundance of mussels found there, gave it the name of Punta de Almeja or Mussel Point. In attempting to go further up the coast the ascent of the first ridge revealed to the observers of the expedition, far to the north-northwest, Point Reyes, with the Bay of San Francisco under its lee, and the Farralones to seaward, and confirmed the doubts which had, for the past month, distracted the leaders of the party, whether they had not long since passed by the famous port of Monterey, without finding it. A halt was called and a counter-march decided on. But, preliminary to returning from their unsuccessful search. Sergeant Ortega, with a party of soldiers, was dis- patched over the hills to the northeast, to explore and report on the character of the country to be found there. Three days were allowed for this examination, and in the meantime the men were permitted to hunt at discretion through the neighboring hills. On the evening of November 2d some of these hunters returned announcing the dis- covery of an immense arm of the sea, stretching inland. This was confirmed on the following day by the return of Ortega's party, who announced their glad tidings in advance, by the discharge of musketry, waving of flags, etc. 54 History of Alameda County, California. Animated by this unlooked-for intelligence, Portala broke up his camp on the following day and struck out over the hills to the northeastward. From the summit of these the party looked down on our noble bay, which, in their admiration, they termed another Mediterranean Sea. They turned southward, with the idea of getting round the head of the bay and so reaching Point Reyes and the harbor of San Fran- cisco, lost for one hundred and sixty-seven years. On the evening of November 6th they encamped on the northerly bank of the San Francisquito Creek, not far from where Governor Stanford's house now stands near Menlo Park. Explorers were again sent out, but as these reported that the bay became wide and extended to an unknown distance southeastwardly, alarm at the rashness of their undertaking began to prevail, and they arrested their march. In fact their powers were spent, and it was well they decided to attempt no more ; for, to have pursued their journey further, in their exhausted con- dition, might have resulted in the loss of their whole party. The discoveries they had made it was important to preserve. Their provisions were almost exhausted ; several of their number had died, and more than half the remainder were down with scurvy ; the native inhabitants showed signs of hostility, and the winter of an unknown region was at hand. A council was again called, and it was voted unanimously to retrace their steps. Governor Portala would indeed still have pushed on, but yielded to the unanimous voice of his companions, and on November ii, 1769, they com- menced their homeward march. All their meat and vegetables had long been consumed, and their ammunition was nearly exhausted. Their allowance of food was reduced to five small tortillas a day. These, with shell-fish obtained on the sea-shore, acorns and pine nuts gathered by the way, or furnished by friendly Indians, and an occasional wild goose killed with a stick, furnished the staple of their poor food, as they toiled over their weary homeward march. They reached Point Pinos again on the 27th of November, and not- withstanding their distressed condition remained there till the 9th of December, search- ing in vain up and down the coast for that famous harbor of Monterey which Vis- caino had described in such glowing terms. Point Pinos, indeed, they recognized from its description and the latitude assigned to it ; but nothing else could they find corresponding to the description of the bay they were in search of In despair they at last concluded that the harbor must have been filled up by sand or obliterated by some convulsion of nature. All hope of meeting the schooners from whose stores they might have obtained succor, was abandoned ; and on the 9th of December they sadly prepared to renew their toilsome and dreary march towards San Diego. Before starting they erected on the south side bf Point Pinos a large wooden cross, on which was rudely carved the words, " Dig at the foot of this and you will find a writing ;" and at its foot accordingly they buried a brief account of their journey. Its text, as set forth in Father Crespi's diary, was as follows : — " The overland expedition which left San Diego on the 14th of July, 1769, under the command of Don Caspar de Portala, Governor of California, reached the channel of Santa Barbara on the 9th of August, and passed Point Concepcion on the 27th of the same month. It reached the Sierra de Santa Lucia, on September 1 3th, ei;itered that range of mountains on the 17th, and emerged from them on the ist of October; on the same day caught sight of Point Pinos and the harbor on its north and Early History and Settlement. 55 south sides, without discovering any indications of the Bay of Monterey. Determined to push on further in search of it, on the 30th of October we got sight of Pqint Reyes and the Farralones at the Bay of San Francisco, which are seven in number. The expedition strove to reach Point Reyes but was hindered by an immense arm of the sea which, extending to a great distance inland, compelled them to make an enormous cir- cuit for that purpose. In consequence of this and other difficulties, the greatest being the absolute want of food, the expedition was compelled to turn back, believing that they must have passed the harbor of Monterey without discovering it. Started on return from the Bay of San Francisco, on November nth, passed Point Ano Nuevo on the 19th, and reached this point and harbor of Pinos on the 27th of the same month. From that date until the present 9th of December, we have used every effort to find the Bay of Monterey, searching the coast, notwithstanding its ruggedness, far and wide, but in vain. At last, undeceived and despairing of finding it after so many efforts, sufferings and labors, and having left of all our stock of provisions but fourteen small sacks of flour, we leave this place to-day for San Diego. I beg of Almighty God to guide us; and for you, traveler, who may read this, that he may guide you also to the harbor of eternal salvation. '' Done in this harbor of Pinos, this 9th of December, 1769. " Note. — That Don Michael Constanzo, our engineer, observed the latitude of various places on the coast, and the same are as follows: — "San Diego, at the camp of the overland expedition, 32° 42'. " IradJan Village, at the east end of the channel of Santa Barbara, 34" 1 3'. '"Ptoijit Concepcion, 34° 30'. '"Tfce southern foot of the Sierra de Santa Lucia, 35" 45'. '" Its laiorthern extremity at this harbor and Point of Pinos, 36° 36'. '" S'Qiiiat Ano Nuevo, which has Jow reefs of rocks, 36° 04'.* "TJae land near the harbor of San Francisco, the Farralones bearing west quarter aiorfl^, 3/ 3/, '"Point Reyes, which we discovered on the west-northwest from the same place, ^supposed t« be 37° 44'. "If the commanders of the schooners, either the San Jose or the Principe, should )reach this place within a few days after this date, on learning the contents of this ■writing, and the distressed condition of this expedition, we beseech theni to follow the .coast down closely towards San Diego, so that if we should be happy enough to catch :5ight of them, we may be able to apprize them by signals, flags, and firearms of this place in which succor and provisions may reach us. " Glory be to God," says the pious old chronicler, " the cross was erected on a little hillock close to the beach of the small harbor, on the south side of Pinos, and at .its foot we buried the letter." .On the other side of the point they erected another .cross, and caryed on its arms with a razor, the words: " The overland expedition from .San Diego returned from this place on the 9th of December, 1769 — starving." Their prayer for succor was, however, in vain ; it never reached those to whom it was ; addressed. The schooners, after beating up to the latitude of Monterey, were compelled ;to turn back to the Santa Barbara channel, for want of wa,ter, and never reached -*EroMbly^P eirp'^.in transcribing. The other latitudes are very nearly correct. 56 History of Alameda County, California. the coveted port. They ultimately put back to San Diego, which they reached just in season to relieve that colony from starvation. The land expedition meanwhile prosecuted its weary march down the coast, encountering sickness, privation, and occasionally death, until on the 24th of January, 1770, it reached San Diego, whence it had started six months and ten days before. Father Junipero Serra, who accompanied this expedition, writes from San Diego, under date July 3, 1769, his first impressions of California, as follows: — " The tract through which we passed is generally good land, with plenty of water; and there, as well as here, the country is neither rocky nor overrun with brushwood. There are, however, many hills, but they are composed of earth. The road has been in some places good, but the greater part bad. About half way the valleys and banks of rivulets began to be delightful; we found vines of a large size, and in some cases quite loaded with grapes; we also found an abundance of roses, which appeared to be like those of Castile. In fine, it is a good country, and very different from Old California. " We have seen Indians in immense numbers, and all those on this ' coast ' of the Pacific, contrive to make a good subsistence on various seeds and by fishing. The latter they carry on by means of rafts or canoes made of tule (bull-rushes), with which they go a great way to sea. They are very civil. All the males, old and young, go naked; the women, however, and the female children, are decently covered from their breasts downwards. We found on our journey, as well as in the place where we stopped, that they treated us with as much confidence and good-will as if they had known us all their lives. But when we offered them any of our victuals, they always refused them. All they cared^for was cloth, and only for something of this sort would they exchange their fish or whatever else they had. During the whole march we found hares, rabbits, some deer, and a multitude of berendos, a kind of wild goat." His earliest recollections of the country he never forgot — they lasted to the end of his days. He returned to Mexico and was subsequently preferred to the high posi- tion of president of the missions of California. In or about 1783-84, feeling that old age was fast overtaking him, as well as to have some spare time from his arduous labors, he determined to visit some of the missions established in Upper California, to hold his last confirmations, and, having been invited to dedicate the Mission of Santa Clara, also to perform that ceremony. About the first of May he visited the selected spot, and on the 4th continued his weary journey to San Francisco, accompanied by that devoted fellow-countryman Father Palou, a brother Franciscan monk, a co-voyager to these shores, and afterwards his biographer, preferring to make his confirmations on his return. He had tarried in San Francisco but a few days when the distressing news of the illness of Father Murguia was received; he thereupon dispatched Father Palou to Santa Clara, who found Murguia sick of a low fever. Unhappily this worthy man never rallied, and on May 11, 1784, his soul took its flight, while naught was left to his followers but the consolation that " Death's but a path that must be trod. If man would ever pass to God. " The funeral took place, but the venerable Junipero was too enfeebled to attend; he, however, accompanied Don Pedro Fages, the Governor of the territory, to the dedicatory services of the mission, arriving on the isth. On the meeting of the two- Early History and Settlement. 57 fathers their hearts were too full to speak; with eyes suffused in tears, they grasped ' each others hands, and finally in a solemn embrace, each sent aloft a prayer to Him who had seen fit in His wisdom to take away their revered brother. Of the life and death of Junipero Serra, much has been written; for the informa- tion of the reader, however, let us refer him to the subjoined paper which appeared in the San Francisco Chronicle, over the caption " N. V. S." Monterey, February 4, 1882. In the hasty, anxious life which most Americans lead, it is generally supposed that there is little room or even desire for that pursuit to which so many residents of the Old World devote their lives, and that not from the hope of reward, but from pure love of it. I refer to the love of antiquities — that searching into the memories of the past which seems to have so powerful a charm for some minds. It is difficult to divine a reason for this, unless it be that the sight of relics of a former time excites the imagination to a train of thought so agreeably romantic that we are impelled again and again to seek the excitant, as the opium-eater returns to his drug. At any rate, the feeling exists and is latent in American breasts, only we have nothing for it to feed upon. I say nothing, but to-night I remembered that we have something when my eyes were attracted by the brilliant moonlight of Monterey striking full upon the white cross which marks- the place where Father Junipero Serra first landed. The memory of a good man, who gave the labor of a long life solely to improve the state' of his fellows, certainly is sufficient to give to the finding of his bones a deep interest. Father Casanova, the present pastor of Monterey, is full of gratification with the result of his researches, and has kindly given some of the details of the discoveries. The ancient records of the old Carmel Church were brought forth for our won- dering eyes to gaze upon. They are, of course, yellow with age, and filled partly with the handwriting of Junipero himself, his signature standing out firm and clear, as if written but yesterday. These records contain quite an extended account of his death and burial, together with a description of the exact spot of interment. By means of this description Father Casanova was en?ibled to locate the grave of Junipero beyond a doubt, and thus made his recent discovery. The following is the passage referred to as translated: — Very Rev. Father Junipero Serra, D. D., President of all the missions, died on the 29th of August, 1 784, at the age of seventy-one years, and is buried in the sanc- tuary, fronting the altar of Our Lady of Seven Dolors, on the Gospel side. There reinained nothing but to face the altar of " Our Lady of Seven Dolors " in the sanctuary, and then commence digging next the altar on the Gospel side. That is what the workmen did, and their spades soon struck upon the stones covering the grave. Father Casanova produced a diagram illustrating the manner of formation of the grave and the' condition in which, it was found. Originally the floor of the church was composed of brick tiles. Tourists visiting the church admire these tiles so greatly that they even go to the trouble to dig them up, break them to pieces and carry away bits of them. In this connection he also stated that one visitor even went so far as to take his penknife and cut from the canvas a bouquet which was carried in the hand of a saint in one of the old paintings. This picture was much valued for its age and the association connected with it by the padre and the parish; but such consid- 5 58 History of Alameda County, California. erations are as nothing to the hard heart of one in whom the love of antiquities has taken such an evil turn. As was said before, the floor of the church was composed of tiles. The graves were apparently constructed with great care, being plastered and hard-finished inside as neatly as the walls of a house. The cofifin was lowered into this plastered opening, and then large slabs of stone were fitted carefully over it, in such a manner that they were exactly level with the tiles forming the floor of the church. The tiles had grad- ually become covered with a layer of debris, which it was the first task of the work- men to remove. Upon reaching the slabs of stone covering the grave of Father Juni- pero it was found that the three covering the upper part of the grave were intact, but that those over the lower part had for some reason given way, so that about one-half of the coffin had been exposed to decay. The skull and ribs were found within, how- ever, excellently well preserved, considering the time that they have lain there. Cling- ing to the ribs were found considerable portions of the stole of violet silk, and its trim- ming of silver fringe, both blackened and crumbling with age. Upon being asked if he intends to pursue his investigations further, the padre replied that he will certainly do so. In fact he has already reached the graves of two other priests, and also of two of the old Mexican Governors of California, who were buried, it seems, in the same part of the church, but on the opposite side of the altar. In the discovery of these he • again went by the records, which pointed them out quite accurately. The padre says he intends to continue this search for these hallowed graves until he uncovers the whole of them, both of the mission fathers and of the Mexican gov- ernors. As a large number are buried there, and as the work is prosecuted with care, it will probably be some time before a completion is reached. It is then the padre's intention to have them properly replaced in the graves, the slabs of stone carefully arranged as they were originally, those wanting restored, and then to have each grave marked, so that in future they may be pointed out to visitors, with some account of the occupant of each. The padre gave no hint of any such wish, but the thought crossed the mind of the correspondent that it would show good taste and feeling in the many wealthy Catholics, who are doubtleiss to be found in California, if they would unite in the erection of a monument over the remains, worthy of the pioneer of their religion in' California. The people of Monterey would gladly do this, but no doubt the lack of means prevents it. Junipero Serra was the founder of every mission in California — twenty-one in all. His history, briefly recounted by his friend and fellow- student, Francisco Palou, in language, whose very simplicity bears witness to its veracity, is such an one that every heart capable of appreciation of the unselfish and noble in character must be filled with the deepest admiration by it. Protestants as well as Catholics must give honor to a man to whom it is so unmistakably due. According to a Catholic custom, a record of all deaths in Monterey and the Carmel Mission was kept by Junipero himself from the year 1770 up to the time of his death, in 1784. Each was written in a strong, bold hand, with the signature " Fr. Junipero Serra " at the end. Upon his death this record was continued by his successors. He made his last entry on the 30th of July. On the 29th of August Fr. Francisco Palou entered upon the record the fact of his death, the narrative of his life and circumstances of his death. Early History and Settlement. 59 According to this, account Serra was born in the Province of Majorca, in Old Spain. He was a man of thorough education and unusual accomplishments. Before coming to California he had enjoyed the honors of high position both in Spain and Mexico. When orily a little over nineteen years of age, he put on the dress of the Order of San Francisco. He was a graduate of the schools of theology and philos- ophy, and was given the professorship of each in a royal university. These positions he filled in the most highly honorable manner. At this time he was in the receipt of large revenues and had good prospects for advancement to almost any position to which he might care to aspire. But worldly ambition of this kind had no place in his soul. Brilliant prospects, a life of luxury, associations which were doubtless pleasant to a man of his culture — all this he chose to leave behind him for the purpose of enter- ing upon a life of danger, toil, and privation, for which he could only expect a reward after death. Perhaps even the hope of thai reward influenced him less than the simple consciousness of duty. His first step was to resign his professorship. He then joined the College of Foreign Missions in Cadiz, probably because there he could obtain the most authentic information for the purpose which he had in view. In 1749 he embarked at Cadiz for Mexico. The voyage occupied the tedious period of nearly a year — long enough to have cooled the zeal of a less earnest man. He arrived in Mexico, January i, 1750, with interest in his work unabated. At that time there were many missionary societies in Mexico, and Juniperb was sent by them to prose- cute the work in various directions, in each case exhibiting the same wonderful ear- nestness and peculiar adaptation to such a life. It was probably to this power which he possessed of throwing his whole soul into his labors that his success was mainly due. In Mexico he gained the friendship and close confidence of the Viceroy, and took position among the highest in the Church. In 1767 he was appointed by the General of the Catholic establishments in New Spain to the presidency of the fifteen missions in Lower California, then under man- agement of the Jesuits. He crossed the gulf and made his headquarters at Loreto. From that place he was constantly going out upon visits to the other missions, inspir- ing each with his own zeal. But even then he did not think his life sufficiently occupied nor his duty accomplished. He was constantly tormented by thoughts of the thousands of unfortunate creatures still in a savage state whom he knew to inhabit the great unknown region extending to the north. He had the true pioneer spirit forever urging him on, and he soon formed the resolution to embark for what was then a distant land. Not much was then known of California, but Serra had seen charts describing the Bays of San Diego and Monterey. In 1769 he left Loreto in company with an exploring party going north in search of these two points. He stopped on the way at a point on the coast near the frontier of Lower California, and founded the Mission of San Fernando de Bellicota. The next stopping-place was the port of San Diego, where he remained long enough to found the mission. During his stay at this place the exploring party went on, but returned the next year, having failed to discover the Bay of Monterey. In 1770 Serra again set out to find this bay, sending a party by land at the same time. As usual with most of his undertakings, the search was successful. Having landed at the spot so often mentioned in the descriptions of Monterey, and having taken formal possession of the country in the 60 History of Alameda County, California. name of the King of Spain, Serra began the working out of the plan so long in his mind. He first founded the Mission of San Carlos de Monterey, which always remained the central point of his operations. With this as his headquarters, he went out from time to time into various parts of the country, and one by one established and encour- aged into a flourishing condition all the other missions of California. As before stated, they were twenty-one in all. Taking into consideration the very small num- ber of white men who assisted him in these labors, the rapidity of his success was something remarkable. There is no doubt that it is to be ascribed to the kindness^ gentleness, and ever-enduring patience which he invariably exhibited toward the Indians. In the construction of the churches, for instance, upon which we look with so much astonishment when told that they were built by the traditionally lazy Indian,, it is very likely that he employed large numbers upon the work, in order that it should not bear too heavily upon individuals. He certainly employed methods of great. wisdom in the management of these ignorant creatures, and could he have beers endowed with a miraculous life of several hundred years, might well have given the lie to the oft-repeated complaints of Americans, that it is impossible to civilize the Indians. But it is too late now for us to study his methods. Only a handful of Indians remain to meet yearly on the day of San Carlos and raise their quavering chant over the grave of Junipero. As a natiiral result of his treatment of them, the Indians came to look upon Serra almost with adoration. They loved him Hfor his gentleness, they respected him for his firmness, and they admired him for his abihty. But every life, however valuable, must finally draw to a close, and in August, 1784,. Junipero felt that his end was approaching. On the morning of the 27th, being very- ill, he began to prepare for death. He first confessed himself to his friend, Francisco Palou, and went through the ceremonies of the dying. Then, ill and suffering as he was, he went on foot to the church to receive the sacrament. The building was crowded with both whites and Indians, drawn thither by a common grief. At the beginning of the ceremony the hymn " Tanium Ergo" was sung, and according to the record Junipero himself joined in the singing with a " high, strong voice." We can easily realize that the congrega- tion became so much affected upon hearing him sing his own death chant that they were unable to sing more, and, choking with emotion, sat listening, while the dying man's voice finished it alone. He then received the sacrament upon his knees, and- recited thanks, according to the ritual, in a distinct voice. This ceremony over he- returned to his cell, but did not lie down nor take off any of his clothing. . In the night he asked Palou to administer holy unction to him and join with him in the recital of the penitential psalms and litanies. The remainder of the night he passed in giving thanks to God, sometimes kneeling and sometimes sitting upon the floor. Early the next morning he asked Palou to give him plenary indulgence, and once more con- fessed himself Shortly afterwards the Captain and the Chaplain of a Spanish vessel which was then in the harbor came in. Serra received them in his usual manner when in health, cordially, and embracing the Chaplain with warmth, he thanked God that these visitors from afar, who had traversed so much of land and sea, had come in time to throw a little dirt on his body. Conversing with Palou, he expressed, some anxiety and asked him to read the recommendation of the soul. Early History and Settlement. 61 He then said that he feh comforted, and thanked God that he had no fear. After a time he asked for a little broth, and was supported into the kitchen, where he sat down and drank a little. He was assisted to his bed, and no sooner touched it then he fell back in death. Having been for some time expecting his end, he had ordered his own coffin to be made by the carpenter of the mission. This was now brought out, and the body placed in it without changing the clothing. It was then carried to the church to await burial. The church bell notified the people of the event, and all gathered within for a last look at the dead face of their beloved friend and benefactor. They gathered closely around the coffin and attempted to secure pieces of his clothing to preserve as sacred relics. They were with difficulty prevented from doing this by the promise that a certain tunic, which he had been in the habit of wearing in life, should be divided among them. A guard was placed over the body, but notwithstanding the close watch which was kept, some part of the vestment was taken away in the night. The funeral ceremonies were conducted with great state, people coming from every direction to take part in it. The solemn tolling of the church bells and the firing of salutes by the vessel in the harbor, added to the impres- siveness of the occasion. Such is the account of the life, death, and burial of Junipero Serra, as. written in the records by his friend Francisco Palou, without comment or exaggeration. And now those bones, so solemnly laid to rest on that day, are once more brought forth to the light in order that the memory of such a character may not be entirely forgotten. ~ While dealing with the march of Captain Juan Bautista, of the Portala party, from Monterey, when seeking for San Francisco, Father Palou, California's first historian, makes mention of the region in which Alameda County is now located, in these words : " In the valley of San Jose, the party coming up by land, saw some animals which they took for cattle, though they could not imagine where they came from; and, supposing they were wild and would scatter the tame ones they were driving, the soldiers made after them and succeeded in killing three, which were so large that a mule could with difficulty carry one, being of the size of an ox, and with horns like those of a deer, but so long that their tips were eight feet apart. This was their first view of the elk. The soldiers made the observation that they could not run against the wind by reason of their monstrous antlers." It is but reasonable to suppose that the valley called San Josd by Father Palou is that portion of our county situated at its southern end, and where was subsequently erected the mission bearing that name. It is not likely that the Santa Clara Valley was meant, for that district was then called San Bernardino, and the Pueblo of San Jos^ was not established until November 29, 1777, while the holy father speaks of the year 1773; besides we know that a portion of Mufray Township is still known as El Valle de San Jos4 and the gentle slope in what is now the district of Washington Comers, the Mission and Harrisburg is not unfrequently designated the San Jos^ Valley. Palou goes on to remark that " after the presidio and before the mission was established (in San Francisco) an exploration of the interior was organized, as usual, by sea (the bay) and land. Point San Pablo was given as the rendezvous, but the Captain of the presidio (Moraga), who undertook in person to lead the land party, failed to appear there, having, with a desire to shorten the distance, entered a caiion 62 History of Alameda County, California. somewhere near the head of the bay, which took him over to the San Joaquin River. So he discovered that stream." Thus it is plain that one party had proceeded down the San Mateo side of the bay, crossed over to its eastern shore, where, coming to the spot where now stands the hamlet of Niles, and, following the rocky banks of the Alameda Creek, ultimately came into the Livermore Valley, crossing which they emerged into the wide expanse of territory through which flows the San Joaquin, which Moraga named in honor of his brother. Let us now turn to another portion of the history of this section of the State anterior to the establishment of the Mission San Jos^ and which treats us to the first official prominence of our county. During the Gubernatorial rigime of Don Felipe de Neve, which commenced in December; 1774, and closed September, 1782, reports on the topography, character, and condition of Upper California, and what situations were most suitable for estab- lishments, were frequently made to His Most Catholic Majesty, the King of Spain, through the Viceroy in Mexico. The country from north to south, from San Diego to San Francisco, then the Dan and Beersheba of our State, was carefully examined and permission sought to locate two pueblos or towns, viz.: That tract of land, now Los Angeles, which lies contiguous to the river La Fortincula, one hundred and twenty-six miles from Sa.n Diego, and six from the Mission of San Gabriel, and also that tract on the margin of the river Guadalupe, seventy-eight miles from the Presidio of Monterey, forty-eight from that of San Francisco, and two miles and a quarter from the Mission of Santa Clara. The Pueblo of San Jose became subject to annual inundations, and, after protracted delays (during the administration of Don Diego de Borica between the years 1 794, and" 1 800), the village was moved to higher ground, in 1797. To effect this relief, as well as to establish another pueblo, to be called Branciforte, Borica. dispatched Don Pedro de Allerni, with instructions to examine the country and report to him those sites that he thought most convenient for the purpose. This he duly transmitted, as follows: — "Having examined the points set forth in the- foregoing Superior Official Com- munication, as well as those requiring me to set forth all that I might think necessary, I might reply as follows: The principal object and view of the whole matter may be reduced to the project formed by Don Jose Maria Beltram, and forwarded by the Royal Tribunal de Mentas to the Most Excellent Viceroy, in relation to the establish- ing of a villa, or poblacion; and its being necessary to remember that in order to attain the desired end an eye must be had to such favorable circumstances as are required to give the inhabitants of the same the necessary advantages, such as a plentiful supply of water, wood, irrigable and arable lands, forest, pastures, stone, lime or earth for adobes; and having been commissioned to this end for the examination,, which I made with the Senor Governor, Don Diego Borica, of the country, from the Mission of Santa Cruz, Arroyo del Pajaro, and the Mission of Santa Clara, to THE. PLACE OF THE Alameda, and the country around the Presidio and the Fort of San Francisco, and the mission of the same name. After a careful and scrupulous exam- ination of these places with the Engineer Extraordinary, Don Alberto de Cardoba, I found that THE PLACE OF THE Alameda, although it contains a creek, still that it affords but little water, and that the channel is so deep * that it is difficult to obtain *Don Alberni must here refer to the precipitous banks of the stream, and not to the depth of its water. Early History and Settlement. 63 water therefrom for irrigating the extensive plains of what appears to be good lands; but as the place is without fuel, timber, and pasturage, which cannot be obtained save at the distance of many leagues, it is clear that it is unsuitable for the project under consideration." We have not the faintest hesitation in claiming " the place of the Alameda " as the Alameda Creek of to-day, for its wooded banks when first seen by these explorers might easily have led them to suppose it an avenue or grove of graceful willows and silver-barked sycamores. But how it was that he found no water for irrigating pur- poses, no wood, and no site for a village, is to us incomprehensible, when it is consid- ered that now there is enough water the year round for both agricultural and pastoral purposes. The present sites of Alameda and Oakland were densely covered with fine old oaks, the giant redwoods reared their tall heads to the sky in the hills near where now East Oakland stands, while since that time no less than four prosperous villages have risen on the river's banks, viz.: Alvarado, Centreville, Niles, and Suiiol. In following the chronological order of events, it now becomes our duty to notice the founding of the Mission de San Jos^ aptly termed " the cradle of Alameda County." While Diego de Borica was yet Governor of Upper California, on June II, 1797, this grand old relic was established on as fair a site as is to be found under the blue canopy of heaven, and how, and by whom, the following statement, to be found in one of the huge calf-bound Spanish tomes in which were entered with the most scrupulous care and neatness the births, marriages, and deaths and the general spiritual and temporal welfare of the community under its jurisdiction, will explain: — " The Mission San Jos^ was founded at the expense of the Catholic King of Spain, Charles IV. — God save him — and by order of the Marquis of Branciforte, Vice- roy and General Governor of N. S. The San ]os6 Mission commenced on Sunday, I ith of June, 1797, the feast of the Most Holy Trinity. I, the undersigned. President of these Missions of New California, placed by His Majesty under the care of the apostolical college of the propaganda fide of St. Fernando de Mexico, blessed water, the place, and a big cross, and • with great veneration we hoisted it. Irtimediately after we sang the litanies of the Saints, and I celebrated the holy sacrifice of the mass and preached to the army and to the native Indians who were there, and we ended the ceremony singing solemnly the Te Deum. At the same time I appointed for the first missionaries Rev. Fr. Ysidoro Barcenilla and Rev. Friar Augustine Merino, A. M. [Signed] Friar Francisco Lamen." Thus was the Mission San Josd established, ten miles to the north of the pueblo of that name and forty to the east of San Francisco, on a plateau indenting the Contra Costa Hills and facing the southern extremity of the Bay of San Francisco. Behind it were the beautiful Calaveras and Sunol Valleys; Mission Peak rose imme- diately in its rear like a giant sentinel indexing its location; while, in its vicinity, nature had abundantly supplied every want. Here was a pellucid stream of sweetest water perennially running from never-failing springs; here, too, were the paramount advantages of climate; wood was abundant for building purposes and for fuel; killing frosts were unknown; an embarcadero was not far distant, and within an hour's walk were warm springs, possessed of the most effective healing qualities. What more was needed? From this point of vantage a view of unsurpassed loveliness lay before 64 History of Alameda County, California. them — a vast level plain promising the rarest fertility. At their feet was the wide expanse of the glorious bay, and to the right and left the splendid chains of the Contra Costa and the Coast Range. The first building erected was a chapel, a small adobe edifice which was enlarged by seven varas in the second year of its exist- ence. A wall forty-seven varas long, four high and six wide, thatched with tules, was constructed, water flumes laid, and, being in the presidial jurisdiction of San Fran- cisco, soldiers were sent from there to keep guard over it, and bring the natives in for purposes of education. In the establishment of missions the three agencies brought to bear were the military, the civil, and the religious, being each represented by the Presidio, or garri- son; the Pueblo, the town or civic community; and the Mission, the church, which played the most prominent part. Says one writer: "The Spaniards had then, what we are lacking to-day — a complete municipal system. Theirs was derived from the Romans. Under the civil Roman law, and the Gothic, Spanish and Mexican laws, municipal communities were never incorporated into artificial powers, with a common seal and perpetual succession, as with us under English and American laws; conse- quently, under the former, communities in towns held their lands in common; when thirty families had located on a spot, the pueblo or town was a fact. They were not incorporated, because the law did not make it a necessity, a general law or custom having established the system. The right to organize a local government, by the election of an Alcalde or Mayor, and a Town Council, which was known as an ayun- tamiento, was patent. The instant the poblacion was formed, it became thereby enti- tled to four leagues of land and the pobladors, citizens, held it in pro indivisa. The title was a natural right. " The missions were designed for the civilization and conversion of the Indians. The latter were instructed in the mysteries of religion (so far as they could compre- hend them) and the arts of peace. Instruction of the savage in agriculture and manufactures, as well as in prayers and elementary education, was the padre's busi- ness. The soldiers protected them from the hostility of the intractable natives, hunted down the latter and brought them within the confines of the mission to labor and salvation." In his able history of the Catholic Church in California, Father Gleeson tells us that the missions were usually quadrilateral buildings, two stories high, inclosing a court-yard ornamented with fountains and trees, the whole consisting of the church, father's apartments, store-houses, barracks, etc. The quadrilateral sides were each about six hundred feet in length, one of which was partly occupied by the church. Within the quadrangle and corresponding with the second story was a gallery running round the entire structure and opening upon the work-shops, store-rooms, and other apartments. The entire management of each establishment was under the care of two Relig- ious; the elder attended to the interior and the younger to the exterior administra- tion. One portion of the building, which was called the monastery, was inhabited by the young Indian girls. There, under the care of approved matrons, they were carefully trained and instructed in those branches necessary for their condition in life. They were not permitted to leave till of an age .to be married, and this with Early History and Settlement. 65 the view of preserving their morality. In the schools those who exhibited more talent than their companions were taught vocal and instrumental music, the latter consisting of the flute, horn, and violin. In the mechanical departments, too, the most apt were 'promoted to the position of foremen. The better to preserve the morals of all, none of the whites, except those absolutely necessary, were employed at the mission. The daily routine at each establishment was about the same as that followed by the Jesuits in Lower California. At sunrise they arose and proceeded to church, where, after morning prayer, they assisted at the holy sacrifice of the mass. Break-- fast next followed, when they proceeded to their respective employments. Toward noon they returned to the mission and spent the time from then till two o'clock between dinner and repose; after which they again repaired to their work and remained engaged till the evening angelus, about an hour before sundown. All then betook themselves to the church for evening devotions, which consisted Of the ordinary family prayers and the rosary, except on special occasions, when other devotional exercises were added. After supper, which immediately followed, they amused them- selves in divers sports, games, and dancing, till the hour for repose. Their diet, of which the poor of any country might be justly envious, consisted of an abundance of excellent beef and mutton, with vegetables in the season. Wheaten cakes and puddings, or porridges, called " atole and pinole," also formed a portion of the repast. The dress was, for the males, linen shirts, pants, and a blanket to be used as an over- coat. The women received each, annually, two undergarments, a gown, and a blanket. In years of plenty, after the missions became rich, the fathers distributed all the surplus moneys among them in clothing and trinkets. Such was the general character of the early missions established in Upper California. Let us now briefly consider what was the character and condition of the Indian on the arrival of the Spanish fathers. For veracity's sake we must aver that the Californian Indian was anything but an easy subject for civilization. Knowledge he had none; his religion or morals were of the crudest form, while all in all he was the most degraded of mortals. He lived without labor and existed for naught save his ease and his pleasure. In physique he was unprepossessing; being possessed of much endurance and strength; his features were unattractive, his hair in texture like the mane of a horse, and his complexion as dark as the Ethiop's skin. His chief delight was the satisfying of his appetite and lust, while he lacked courage enough to be warlike and was devoid of that spirit of independence usually the principal character- istic of his race. The best portion of his life was passed in sleeping and dancing, while in the temperate California climate, the fertile valleys and hill-sides grew an abundance of edible seeds and wild fruits, which were garnered and by them held in great store. Such means of existence being so easily obtained is perhaps a reason for the wonderful disinclination of Indians to perform any kind of labor. Indeed, what need was there that they should toil, when a beneficent Nature had, with a gen- erosity that knew no stint, placed within their grasp an unlimited supply of health- giving food! As we have said, the aboriginal Californian's life was a roving one, for they had no fixed habitation, but roamed about from place to place, fishing, hunting, and gathering 66 History of Alameda County, California. supplies. In every stream were fish, and on every mountain-side and valley, game; acorns and pine-nuts, roots and wild oats, were included in the category of their edibles, while, it is said, their tastes precluded them not from feasting upon vermin. Their dialects were as various as those of China to-day, and the natives of San Diego could not understand those of Los Angeles or Monterey. These Indians had as dwellings the meanest of huts, built of willows and thatched with tules, or rushes. They were fashioned by taking a few poles and placing them in a circle, which were woven together to a conical point, giving them, when com- pleted, the appearance of inverted baskets. They were small and easily warmed in winter, and, when swarming with vermin, could readily be reduced to ashes and others built in their stead. Their cabins or " wickeups " were usually constructed on the banks of streams, or in the dells of mountains, but always near some running water-course. There, without a vestige of covering, they slept like " sardines in a tin," those on the outer edge quarreling, as in more civilized circles, for an inside place. On rising from their litters, be it summer or winter, the first performance would be to plunge into the river; after which they would dance and play around a huge fire, when, with a healthy appetite, they would relish a hearty meal. This was their custom in the cold mountain regions as well as in the more temperate valleys. The skins of beasts made -them a covering comfortable enough, but the males gen- erally wore absolutely nothing upion their persons save an arrow passed through the hair — something like the mode of hair ornament in vogue with many fashionable belles. One of these warriors, thus clad, on one occasion paid General Vallejo a visit at Sonoma. As the day was cold the General asked his guest if he was not cold. " No," was the answer, " is your face cold ?" " Not at all," replied the veteran Commandante, " I never wear anything on my face." " Then," rejoined the Indian, triumphantly pointing to his body, " I am all face !" The toilet of the women, as in other parts of the world, was more pretentious. It consisted of a scanty apron of fancy skins or feathers extending to the knees. Those of them who were unmarried wore, in addition, a bracelet around the arm near the shoulder, or a band around the ankle, which was generally made of bone or fancy wood. Polygamy was a recognized insti- tution. Chiefs generally possessed eleven wives, sub-chiefs nine, and ordinary indi- viduals two or more, according to their wealth or property. Indian like they would fight among themselves, and bloody fights these often were. Their weapons were bows and arrows, clubs and spears, with which they were very adroit. Their head- dress was a helmet composed of skins. They were remarkable athletes and unex- celled as swimmers and runners. In times of peace they kept up their martial spirit, little though it was, by sham fights and tournaments, their women participating in their battles, not as actual belligerents, but as a sanitary brigade they followed their warriors and supplied them with provisions and attended them when wounded, carry- ing their pappooses on their backs at the same time. Four times a year each tribe united in a great dance, having some religious purpose and signification. One of these was held in Napa County in 1841, about the time of the vernal equinox, and was terminated by a strange, inexplicable pantomime, accompanied with wild gestures and screams, the object of which the Indians said was " to scare the devil away from the rancherias." An old gentle- Early History and Settlement. 67 man who witnessed the performance says he has no doubt that their object must have been attained, if the devil had the sHghtest ear for music. Superstition wrapped these savages like a cloud, from which they never emerged. The phenomena of nature on every hand, indeed, taught them that there was some unseen cause for all things — some power which they could neither comprehend nor resist. The volcano and the earthquake taught them this, and many accounts of these in past ages are preserved in their traditions, but farther than this their minds could not penetrate. It will readily be acknowledged that to catch, subdue, and educate a race like this was a task of no mean difficulty, while to perfect it, even reniotely, demanded all the elements of success. It was necessary to commingle both force and persua- sion. The former was represented by the soldiers at the presidio, and the latter by the fathers at the mission. To keep them together was a task which required the most perfect skill, in short, nothing but the attractiveness of new objects and strange ways, with the pleasant accessories of good diet and kind conduct, could have ever kept these roaming spirits, even for a time, from straying to their original haunts. What was the state of the missions in the early part of the present century ? We shall see. In the year 1767 the property possessed by the Jesuits, then known as the Pious Fund, was taken charge of by the Government, and used for the benefit of the missions. At that time this possession yielded an annual revehue of fifty thousand dollars, twenty-four thousand of which were expended in the stipends of the Franciscan and Dominican Missionaries, and the balance for the maintenance of the missions generally. Father Gleeson says : " The first inroad made on these pious donations was about the year i8o5, when to relieve the natural wants of the parent country, caused by the wars of 1801 and 1804, between Portugal in the one instance and Great Britain in the other, His Majesty's fiscal at Mexico scrupled not to confis- cate and remit to the authorities in Spain, as much as two hundred thousand dollars of the Pious Fund." By this means the missions were deprived of most substantial aid, and the fathers left upon their own resources; add to these difficulties the unsettled state of the country between the years 181 1 and 1831, and still their work of civilization was never stayed. To demonstrate this we reproduce the following tabular statement, which will at a glance show the state of the missions of Upper California from 1802 to 1822: — Table showing the Number of Indians Baptized, Married, Died, and Existing at the Different Missions of Upper California, between the Years 1802 to 1822. Name of Mission. San Diego San Luis Rey San Juan Capistrano. , Santa Catarina San Fernando Santa Barbara. ...... Furissima Concepcion San Luis Obispo tized. S.452 4,024 3.879 6,906 2.S19 3,608 4,917 1,195 3,100 2,562 Mar- ried. 1,460 922 1,026 1,638 709 973 1,288 330 919 715 Died. 3,186 1,507 2,531 4,63s 1,505 2,608 3,224 896 2,173 1,954 Exist- ing. 1,696 2,663 1,052 1,593 1,001 973 i.oro 582 764 467 Name of Mission. San Miguel San Antonio de Padua. . Our Lady of Soledad. . . . San Carlos San Juan, Bautista Santa Cruz Santa Clara San Jos6 San Francisco . . . , San Rafael Bap- tized. Mar- ried. Died. 2,20$ 632 1,336 4,119 1,037 317 1,932 584 1,333 3,267 912 2,432 3,270 823 1,853 2,136 718 1,541 7,324 2,056 6,565 4.573 1,376 2,933 6.804 2,050 5,202 829 244 183 Exist- ing. 926 ■ 834 532 341 1,222 499 1.394 1,620 958 830 68 History of Alameda County, California. It will thus be observed by the foregoing, that out of the seventy-four thousand, six hundred and twenty-one converts received into the missions the large number of forty-seven thousand, nine hundred and twenty-five had succumbed to disease. Of what nature was this plague it is hard to establish; the missionaries themselves could assign no cause. Syphilis, measels, and small-pox carried off numbers, and these diseases were generated, in all probability, by a sudden change in their lives from a free, wandering existence, to a state of settled quietude. Father Gleeson, in his valuable work says: "In 1813, when the contest for national independence was being waged on Mexican territory, the cortes of Spain resolved upon dispensing with the services of th^ fathers, by placing the missions in the hands of the secular clergy. The professed object of this secularization scheme was, indeed, the welfare of the Indians and colonists; but how little this accorded with the real intentions of the Government, is seen from the seventh section of the decree passed by the cortes, wherein it is stated that one-half of the land was to be hypothecated for the payment of the national debt. The decree ordering this com- mences as follows: 'The cortes general and extraordinary, considering that the reduction of common land to private property is one of the measures most imperi- ously demanded for the welfare of the pueblos, and the improvement of agriculture and industry, and wishing at the same time to derive from , this class of land aid to relieve the public necessities, a reward to the worthy defenders of the country and relief to the citizens not proprietors, decree, etc., without prejudice to the foregoing provis- ions, one-half of the vacant land and lands belonging to the royal patrimony of the monarchy, except the suburbs of the pueblos, is hereby reserved, to be in whole or in part, as it may be deemed necessary, hypothecated for the payment of the national debt,' etc. " This decree of the Government was not carried out at the time, yet it had its effect upon the state and well-being of the missions in general. It could not be expected that with such a resolution under their eyes, the fathers would be as zeal- ous in developing the natural resources of the country as before, seeing that the result of their labors was at any moment liable to be seized on by the Government, and handed over to strangers. The insecurity thus created naturally acted upon the converts in turn, for when it became apparent that the authority of the missionaries was more nominal than real, a spirit of opposition and independence on the part of some of the people was the natural result. Even before this determination had been come to on the part of the Government, there were not wanting evidences of an evil disposition on the part of the people; for as early as 1803 one of the missions had become the scene of a revolt; and earlier still, as we learn from an unpublished corre- spondence of the fathers, it was not unusual for some of the converts to abandon the missions and return to their former wandering life. It was customary on those occa- sions to pursue the deserters, and compel them to return. "Meantime, the internal state of the missions was becoming more and more complex and disordered. The desertions were more frequent and numerous, the hos- tility of the unconverted more daring, and the general disposition of the people inclined to revolt. American traders and freebooters had entered the country, spread themselves all over the province and sowed the seeds of discord and revolt among the Early History and Settlement. 69 inhabitants. Many of the more reckless and evil-minded , readily listened to their suggestions, adopted their counsels, and broke out into open hostilities. Their hostile attack was first directed against the Mission of Santa Cruz, which they captured and plundered, when they directed their course to Monterey, and, in common with their American friends, attacked and plundered that place. From these and other like occurrences, it was clear that the condition of the missions was one of the greatest peril. The spirit of discord had spread among the people, hostility to the authority of the fathers had become common, while desertion from the villages was of fre- quent and almost constant occurrence. To remedy this unpleasant state of affairs, the military then in the country was entirely inadequate, and so matters continued, with little or no difference, till 1824, when, by the action of the Mexican Government, the missions began rapidly to decline. " Two years after Mexico had been formed into a Republic, the Government authorities began to interfere with the rights of the fathers and the existing state of affairs. In 1826 instructions were forwarded by the Federal Government to the authorities of California for the liberation of the Indians. This was followed, a few years later, by another act of the Legislature, ordering the whole of the missions to be secularized and the Religious to withdraw. The ostensible object assigned by the authors of the measure was the execution of the original plan formed by Government. The missions, it was alleged, were never intended to be permanent establishments; they were to give way, in the course of some years, to the regular ecclesiastical sys- tem, when the people would be formed into parishes, attended by a secular clergy." " Beneath these specious pretexts," says Dwindle, in his Colonial History, " was undoubtedly a perfect understanding between the Government at Mexico and the leading men in California, and in such, a condition of things the Supreme Government might absorb the Pious Fund, under the pretense that it was no longer necessary for missionary purposes, and thus had. reverted to the State as a quasi escheat, while the co-actors in California should appropriate the local wealth of the missions, by the rapid and sure process of administering the temporali- ties." And again: " These laws (the secularization laws), whose ostensible purpose was to convert the missionary establishments into Indian pueblos, their churches into parish churches, and to elevate the Christianized Indians to the rank of citizens, were, after all, executed in such a manner that the so-called secularization of the missions resulted only in their plunder and complete ruin, and in the demoralization and dis- persion of the Christianized Indians." Immediately on the receipt of the decree, the then acting Governor of Califor- nia, Don Josd Figueroa, commenced the carrying out of its provisions, to which end he prepared certain provisional rules, and in accordance therewith the alteration in the missionary system was begun, to be immediately followed by the absolute ruin of both missions and country. Within a very few years the exertions of the fathers were entirely destroyed; the lands, which hitherto had teemed with abundance, were handed over to the Indians, to be by them neglected and permitted to return to their primitive wildness, and the thousands of cattle were divided among the people and the administrators for the personal benefit of either. Let us now briefly follow Father Gleeson in his contrast of the state of the peo- 70 History of Alameda County, California. pie before and after secularization. He says: " It has been stated already that in 1822 the entire number of Indians then inhabiting the different missions amounted to twenty thousand and upwards. To these others were being constantly added> even during those years of political strife which immediately preceded the independ- ence of Mexico, until, in 1836, the number amounted to thirty thousand and more. Provided with all the necessary comforts of life, instructed in everything requisite for their state in society, and devoutly trained in the duties and requirements of religion, these thirty thousand Californian converts led a peaceful, happy, contented life, strangers to those cares, troubles and anxieties common to higher and more civilized conditions of life. At the same time that their religious condition was one of thank- fulness and grateful satisfaction to the fathers, their worldly position was one of unrivaled abundance and prosperity. Divided between the different missions from St. Lucas to San Francisco, close upon one million of live-stock belonged to the peo- ple. Of these four hundred thousand were horned cattle, sixty thousand horses, and more than three hundred thousand sheep, goats, and swine. The united annual return of the cereals, consisting of wheat, maize, beans, and the like, was upwards of one hundred and twenty thousand bushels; while, at the same time, throughout the different missions, the preparation and manufacture of soap, leather, wine, brandy, hides, wool, oil, cotton, hemp, linen, tobacco, salt, and soda, were largely and exten- sively cultivated. And to such perfection were these articles brought, that some of them were eagerly sought for and purchased in the principal cities in Europe. " The material prosperity of the country was further increased by an annual reve- nue of about one million of dollars, the net proceeds of the hide and tallow of one hundred thousand oxen slaughtered annually at the different missions. Another hundred thousand were slaughtered by the settlers for their own private advantage. The revenues on the articles of which there are no specific returns, are also supposed to have averaged another million dollars, which, when added to the foregoing, makes the annual revenue of the California Catholic Missions, at the time of their supremacy! between two and three million dollars. Independent of these, there were the rich and extensive gardens and orchards attached to the missions, exquisitely ornamented and enriched, in many instances, with a great variety of European and tropical fruit-trees, plums, bananas, oranges, olives, and iigs, added to which were the numerous and fertile vineyards, rivaling in the quantity and quality of the grape those of the old countries of Europe, and all used for the comfort and maintenance of the natives. In a word, the happy results, both spiritual and temporal, produced in Upper California by the spiritual children of St. Francis, during the sixty years of their missionary career, were such as have rarely been equaled and never surpassed in modern times. In a country naturally salubrious, and, it must be admitted, fertile beyond many parts of the world, yet presenting at the outset numerous obstacles to the labors of the mission- ary, the fathers succeeded in establishing, at regular distances along the coast, as many as one-and-twenty missionary establishments. Into these holy retreats their zeal and ability enabled them to gather the whole of the indigenous race, with the exception of a few wandering tribes, who, it is only reasonable to suppose, would also have followed the example of their brethren, had not the labors of the fathei-s been dispensed with by the civil authorities. There, in those peaceful, happy abodes, abounding in more Early History and Settlement. 71 than the ordinary enjoyment of things spiritual and temporal, thirty thousand faithful, simple-hearted Indians passed their days in the practice of virtue and the improvement of their country; from a wandering, savage, uncultivated race, unconscious as well of the God who created them as the end for which they were made, they became, after the advent of the fathers, a civilized, domestic. Christian people, whose morals were as pure as their minds were simple. Daily attendance at the holy sacrifice of the- mass, morning and night prayer, confession and communion at stated times — the true worship, in a word, of the Deity, succeeded the listless, aimless life, the rude pagan games, and the illicit amours. The plains and valleys, which for centuries lay uncul- ' tivated and unproductive, now teemed under an abundance of every species of corn; the hills and plains were covered with stock; the fig tree, the olive, and the vine yielded their rich abundance, while lying in the harbors, waiting to carry to foreign markets the rich products of the country, might be seen numerous vessels from different parts of the world. Such was the happy and prosperous condition of the country under the missionary rule; and with this the reader is requested to contrast the condition of the people after the removal of the Religious, and the transfer of power to the secular authorities. " In 1833 the c^ecree for the liberation of the Indians was passed by the Mexican Congress, and put in force in the following year. The dispersion and demoralization , of the people was the immediate result. Within eight years after the execution of the decree, the number of Christians diminished from thirty thousand six hundred and fifty to four thousand four hundred and fifty! Some of the missions, which in 1834 had as many as one. thousand five hundred souls, numbered only a few hundred in 1842. The two missions of San Rafael and San Francisco Solano (Sonoma) decreased respectively within this period from one thousand two hupdred and fifty, and one thousand three hundred, to twenty and seventy ! A like diminution was observed in the cattle and general products of the country. Of the eight hundred and eight thousand head of live-stock belonging to the missions at the date above mentioned, only sixty-three thousand and twenty remained in 1842. The diminution in the <;ereals was equally striking; it fell from seventy to four thousand hectolitres. * * * By descending to particular instances this (the advantage of the religious over the ■civil administration) will become even more manifest still. At one period during the supremacy of the fathers, the principal mission of the country (San Diego) produced as much as six thousand fanegas of wheat, and an equal quantity of maize, but in 1 842 the return for this mission was only eighteen hundred fanegas in all." But why prolong these instances which are adduced by the learned and reverend father? Better will it be to let the reader judge for himself Figures are incontro- vertible facts; let them speak. We present on the following page a carefully pre- pared table showing the number of Indians, horned cattle, horses, sheep, goats, and swine, together with the number of bushels of grain grown by the twenty-one Mis- -sions of Upper California between the years 1884 and 1842. These figures are <;ollected from the records preserved by the Mission Fathers, and may be relied upon as approximately correct, and it will be universally admitted that this showing displays a degree of industry and perseverance on the part of the missionaries far in -advance of their ruthless and indolent successors. ,72 History of Alameda County, California. Comparative Statement Showing the Number of Indians, Horned Cattle, Horses, Sheep, Goats, AND Swine, and Bushels of Grain Possessed and Grown by the Twenty-one Missions of Upper California between the Years 1834 and 1842. NAMES OF THE MISSIONS. San Diego San Louis Rey San Juan Capistrano San Gabriel San Fernando San Buenaventura Santa Barbara Santa Cruz La Purissima Concepcion . . . . San Luis Obispo San Miguel San Antonio Nostra Senora de la Soledad. Mission del Carmel San Juan Bautista Santa Cruz Santa Clara San Jos6 Dolores de San Francisco . . . . San Rafael San Francisco Solano Time OF Foundation June 16, June 13, Nov. I, Sept. 8, Sept. 8, Mch. 31, Dec. 4, Sept. 17, Dec. 8, Sept. I, July 25, July 14, Oct. 9, June 3, June 24. Aug, 28, Jan. 18, June II, Oct. 9, Pec. 18, Aug. 25, 1769 1798 1776 1771 1797 1782 1786 1804 1787 1771 1797 1771 1791 1770 1799 1791 1777 1797 1776 1817 1823 Number of Indians. 1834. 1842, 2,500 3.500 1,700 2,700 1,500 1,100 1,200 1.300 900 1,250 1,200 1,400 700 500 1,450 600 1,800 2,300 500 1.250 1,300 500 650 100 500 400 300 400 250 60 80 30 150 20 40 80 50 300 400 50 20 70 Number of Horned Cattle. 1834. 1842. 12,000 80,000 70,000 105,000 14,000 4,000 5,000 14,000 15,000 9,000 4,000 12,000 6,000 3,000 9,000 8,000 13,000 2,400 5,000 3,000 3,000 20 2,800 500 700 1,500 200 1,800 10,000 800 300 40 800 1,500 8,000 60 Number of Horses. 1834. 1842 1,800 10,000 1,900 20,000 5iOoo 1,000 1,200 1,200 2^000 4,000 2,500 2,000 1,200 700 1,200 800 1,200 1,100 1,600 500 700 30,650 4,450 396,400 29,020 32,600 3,820 321,500 31,600 123,000 Number of Sheep, Goats and Swine. 1834. 1842. loo 400 150 500 400 40 180 500 300 200 50 500 250 200 So 17,000 100,000 10,000 40,000 7,000 6,000 5,000 12,000 14,000 7,000 10,000 14,000 7,000 7,000 9,000 10,000 15,000 19,000 4,000 4.500 4,000 200 4,000 200 3.500 2,000 400 400 4,000 3.500 800 400 2,000 3>ooo 7,000 200 J834^ 13,000 14,00a. 10,000 20,000 8,000 3,000 3,000 3.S00 6,000 4,000 2,500 3,000 2,500 1,500 3500 2,500 6.000 10,000 2,500 1,500 3,000 Being twenty-one missions in all distributed over a distance of two hundred and eighty-nine leagues. That the fathers who had charge of the missions in Upper California paid strict attention to the duty of Christianizing the native race, is evidenced by documents still in existence. The following report and order dated Monterey, May 6, 1 804, addressed to the Commissioner of the village of Branciforte, though belonging to the chronicles of another county, is here produced to exemplify the stringency with which religious observances were carried out: — " In accordance with the rules made by the Governor, requiring a monthly report from the Commissioner of Branciforte, showing who of the colonists and residents do or po not comply with their religious duties, the official report for the month of April, 1 804, certified by the reverend minister, has reached its destination. The Indian, Tori- bio, at some time past was derelict, but now has been brought to a proper sense of the requirements of a Christian era, and is absolved from further stricture upon his failures, and the reverend fathers are to be so notified. The rebellious Ignacio Acedo, for failure to comport himself outwardly as a devotee, is to be arrested and turned over to the church authorities, where flagellation and confinement in the stocks will cause him to pay a proper respect, and to be obedient to the precepts and commandments of the church, of which he has been a contumacious member. The Governor is to be informed of the punishment to_ which Acedo will be sentenced; and requires the infor- mation in writing, that it may be used by him, if he requires it, as an example of what those under his command may expect should they fail in the observance of the require- ments of the church." Early History and Settlement. 73 Then follows- Government Order No. 29, signed by Jose M. Estudillo, Secretary of Jos6 J. de Arrillaga, Military Commander of Alta California, and which is to this effect: — " I am in receipt of the list, certified by the reverend minister of the mission of Santa Cruz, of those who have observed the rules of religion, in having confessed and received the sacrament. The Indian, Toribio, has complied herewith, having done both, and I will send word to such effect to the fathers. You will cause Ignacio Acedo to be arrested, and notify the reverend fathers when you have done so, that they may do with him as they think proper, and inform me what the pastors of the church do to its members who fail to conform to the precepts of the holy religion, and have the reverend fathers put it in writing. May God protect you many years.' In its early day the whole military force in Upper California did not number more than from two to three hundred men, divided between the four presidios of San Diego, Santa Barbara, Monterey, and San Francisco, while there were but two towns or pueblos, Los Angeles, and San Jos^, the latter of which was established, November 29, 1777- Another was subsequently started in the neighborhood of Santa Cruz, which was named Branciforte, after a Spanish Viceroy. It may be conjectured that the garrisons were not maintained in a very effective condition. Such a supposition would be correct, for everywhere betokened the disuse of arms, and the long absence of an enemy. The cannon of the presidio at San Francisco were grey with mould, and women and children were to be seen snugly located within the military linel The soldiers of the San Francisco district were divided into three cantonments — one at the presidio, one at Santa Clara Mission, and one at Mission San Josd We now append a list of the soldiers connected with the presidio in the year 1790, which has been copied from the Spanish archives in San Francisco. Here will be found the names, position, nativity, color, race, age, etc., of the soldiers, as well as those of their wives, when married: — Don Josef Arguello, Commandante, age 39. Don Ramon Laro de la Neda, Alferez de Campo, age 34. Pedro Amador, Sergeant. Spaniard from Guadalaxara, age 5 1 ; wife, Ramona Noriega, Spanish, aged 30; seven children. Nicolas Galindo, mestizo, Durango, 42. Majio Chavoya, City of Mexico, 34; wife, a Bernal. Miguel Pacheco, 36; wife, a Sanchez. Luis Maria Peralta, Spaniard, Sonora, 32; wife, Maria Loretta Alviso, 19. Justa Altamarino, mulatto, Sonora, 45. Ygnacio Limaxes,. Sonora, 49; wife, Maria Gertruda Rivas, Spaniard, 38. Ygnacio Soto, 41; wife,, Barbara Espinoza. Juan Bernal, mestizo, Sonora, 53; wife, Maxima I de-Soto. Jph. Maria Martinez, Sonora, 35; wife, Maria Garcia, mulatto, 18. Salvador Iguera, L. C, 38; wife, Alexa Marinda, Sonora, 38. Nicolas Berryessa, mestizo, 25; wife, Maria Gertrudis Peralta; 24. Pedro Peralta, Sonora, 26; wife, Maria Carmen Grisalva, 19. Ygnacio Pacheco, Sonora, 30; wife, Maria Dolores Cantua, mestizo, age 16. Francisco Bernal, Sinaloa, 27; wife, Maria Petrona, Indian, 29. 6 74 History of Alameda County, California. Bartolo Pacheco, Sonora, 25; wife, Maria Francisco Soto, 18. Apolinario Bernal, Sonora, 25. Joaquin Bernal, Sonora, 28; wife, Josefa Sanchez, 21. Josef Aceva, Durango, 26. Manuel Boranda, Guadalaxara, 40; wife, Gertrudis Higuera, 13. Francisco Valencia, Sonora, 22; wife, Maria Victoria Higuera, 15. Josef Antonio Sanchez, Guadalaxara, 39; wife, Maria Dolora Moxales, 34. Josef Ortez, Guadalaxara, 23. Josef Aguil, Guadalaxara, 22; wife, Conellaria Remixa, 14. Alexandro Avisto, Durango, 23. Juan Josef Higuera, Sonora, 20. Francisco Flores, Guadalaxara, 20. Josef Maria Castilla, Guadalaxara, 19. Ygnacio Higuera, Sonora; wife, Maria Micaelo Borjorques, 28. Ramon Linare, Sonora, 19. Josef Miguel, Saens, Sonora, 18. Carto Serviente, San Diego, Indian, 60. Augustin Xirviento, L. C, 20. Nicolas Presidairo, Indian, 40. Gabriel Peralta, invalid, Sonora. Manuel Vutron, invalid, Indian. Ramon Borjorques, invalid, 98. Francisco Romero, invalid, 52. A recapitulation shows that the inmates of the presidio consisted altogether of one hundred and forty-four persons, including, men, women, and children, soldiers, and civilians. There were thirty-eight soldiers, and three laborers, of these one was an European other than Spanish, seventy-eight Spaniards, five Indians, two mulattos, and forty-four of other castes. An inventory of the rich men of the presidio, bearing date 1 793, was discovered some years since, showing that Pedro Amador was the proprietor of thirteen head of stock and fifty-two sheep; Nicolas Galindo, ten head of stock; Luis Peralta, two head of stock; Manuel Boranda, three head of stock; Juan. Bernal, twenty-three head of stock and two hundred and forty-six sheep; Salvador Youere, three head of stock; Aleso Miranda, fifteen head of stock; Pedro Peralta, two head of stock; Francisco Bernal, sixteen head of stock; Bartol Pacheco, seven head of stock; Joaquin Bernal, eight head of stock; Francisco Valencia, two head of stock; Berancia Galindo, six head of stock; Hermenes S^l (who appears to have been a secretary, or something besides a soldier), five head of stock and three mares. Computing these, we find the total amount of stock owned by these men was one hundred and fifteen cattle, two hundred and ninety-eight sheep, and seventeen mares — the parent stem from which sprung the hundreds of thousands of head of stock which afterwards roamed over the Californian mountains and valleys. We have thus far dwelt chiefly upon the establishment of the missions; let us now briefly take into consideration the attempt made by another European nation to get a foothold on the coast of California. Early History and Settlement. 75 The Russians, to whom then belonged all that territory now known as Alaska, had found their country of almost perpetual cold, without facilities for the cultivation of those fruits and cereals which go a great way towards maintaining life; therefore ships were dispatched along the coast in quest of a spot where a station might be established, and those wants supplied. In a voyage of this nature, the port of Bodega, in Sonoma County, was visited in January, 1811, by Alexander Koskoff, who took possession of the place on the fragile pleas that he had been refused a supply of water at Yerba Buena (San Francisco), and that he had obtained, by right of purchase from the Indians, the land lying between Point Reyes and Point Arena (Mendocino County), and for a distance of three leagues inland. Here he remained for a while, and to Bodega gave the name of Romanzoff, calling the stream now known as Russian River, Slavianka. The king of Spain, it should be remembered, claimed all territory north to Fuca Straits; therefore, on Governor Arguello receiving the intelligence of the Russian occupation of Bodega, he reported the circumstance to the Viceroy, Revilla Gigedo, who returned dispatches ordering the Muscovite intruder to depart. The only answer received to this communication was a verbal message, saying that the orders of the Viceroy of Spain had been received and transmitted to St. Petersburg for the action of the Czar. Here, however, the matter did not rest. There arrived in the harbor of San Francisco, in 1816, in the Russian brig Rurick, a scientific expedition under the command of Otto von Kotzebue. In accordance with instructions received from the Spanish authorities. Governor Sola proceeded to San Francisco, visited Kotzebue, and, as directed by his Government, offered aid in furtherance of the endeavors to advance scientific research on the coast. At the same time he complained of Koskoff; informed him of the action taken on either side, and laid particular emphasis on the fact that the Russians had been occupiers of Spanish territory for five years. Upon this complaint Don Gervasio Arguello was dispatched to BiDdega as the bearer of a message from Kotzebue to Koskoff, requiring his presence in San Francisco. This messenger was the first to bring a definite report of the Russian settlement there, which then consisted of twenty-five Russians and eighty Kodiac Indians. On October 28th, a conference was held on board the Rurick, in the harbor of San Fran- cisco, between Arguello, Kotzebue and Koskoff; there being also present Jos^ Maria Estudillo, Luis Antonio Arguello, and a naturalist named Chamisso, who acted as interpreter. No new development was made at this interview, for Koskoff claimed that he was acting in strict conformity with instructions from the Governor of Sitka; therefore Kotzebue declined to take any action in the matter, contenting himself with the simple promise that the entire affair should be submitted to St. Petersburg to await the instructions of the Emperor of Russia. Thus the matter then rested. Com- munications subsequently made produced a like un.satisfactory result, and the Russians were permitted to remain for a lengthened period possessors of the land they had so arbitrarily appropriated. In Bodega, the Russians, however, went to work with a will, whether they had a right to the soil or not. They proceeded into the country about six miles and there established a settlement, houses bein^ built, fields fenced, and agricultural pursuits vigorously engaged in. As sopn as the first crop had matured and was ready for 76 History of Alameda County, California. shipment, it became necessary for them to have a warehouse at the bay where their vessels could be loaded, which was done, it being used for the storage of grain or furs as necessity called for. It was not long before they found there was a strong oppo- sition to them, and that it would be necessary to build a fort for their protection if they would keep possession of their newly acquired domain. Open warfare was threatened, and the Russians had reason to believe that the threats would be carried out. Besides the Spaniards, there was another enemy to word against — the Indians — over whom the former, through the missions, had absolute control, and the Russians apprehended that this power would be used against them. Several expeditions were organized by the Spanish to march against the Russians, and while they all came to naught, yet they served to cause them to seek for some place of refuge in case of attack. This they did not care to look for at any point nearer the Bay of San Fran- cisco, for there they would be brought in closer proximity to the enemy, hence they went in an opposite direction. Doubtless the Muscovite would have been glad tO' have adopted a laissez faire policy towards the Spanish, and would have been well satisfied to have left them alone if they would only have retaliated in like manner; fearing, however, to trust the Spaniards, they proceeded to search for such a locatioa as would afford them natural protection from their enemies. In passing up the coast to the northward, they came to Fort Ross, where they found everything they desired. Vast meadows extended to the eastward affording pasture to flocks without number. " This is the forest primeval; the murmuring pines and the hemlocks, Bearded with moss and in garments green, indistinct in the twilight, Stand like Druids of eld, with voices sad and prophetic, Stand like harpers hoar, with beards that rest on their bosoms. Loud from its rocky caverns, the deep-voiced neighboring ocean Speaks and in accents disconsolate, answers the wail of the forest. " There was a beautiful little cove in which vessels might lie in safety from the fury- of northern storms; near at hand was an ample stretch of beach on which their rude, yet staunch, argosies could be constructed and easily launched upon the mighty deep; no more propitious place could have been found for the establishment of the Rus- sian headquarters. The location once fixed upon they set to work to prepare their new homes. A site was chosen for the stockade near the ocean's shore, in such a. position as to command all ships lying in the little cove and prevent any hostile craft from effecting a landing. The ground inclosed in this stronghold was a par- allelogram two hundred and eighty feet wide, three hundred and twelve feet long,, and containing two acres, its corners being placed very nearly upon the cardinal points of the compass. At the north and south angles there was constructed an octagonal bastion, both built exactly alike, twenty-four feet in diameter, two stories high, and each mounted with six pieces of artillery. The walls were formed of hewed logs, mortised together at the corners and of about eight inches in thick- ness, while the roof was conical in shape, with a small flag-staff at the apex. The stockade inclined towards these towers in such a way that one-half of them was within and the remaining portion without the inclosure, while the entrance to either was through small doors from the interior, and the embrasures overlooking both the inside and outside being thus arranged in order to protect those within from an out- Early History and Settlement. 77 side enemy, as well as to have all in the interior in range of the guns in case of an emute. It is interesting to note the manner in which the stockade itself was con- structed. A trench was excavated two feet in depth and at every ten feet along the bottom a^ hole was dug one foot deep in which six by ten-inch posts were inserted, between which, and firmly empierced into them, was a strong girder fastened with a wooden pin. Slabs of varying width, but all about six inches in thickness, were then placed in an unright position between the first posts and resting on the girder in the ditch, being firmly fastened to them, while at a distance of twelve feet from the lower girder there was run another one, which, too, was fastened into the posts and clinched with wooden pins. These girders rested on the top of the slabs mentioned as being placed between the posts. The slabs were slotted at the tops, into which a piece of timber was passed, then huge wooden pins were thrust down through the girders and the piece in the slots and well into th§ body of the slabs. The main posts extended about three feet higher, and near the top a lighter girder was run along, and between the two last mentioned there was a row of light slabs two inches thick and four inches wide, pointed at the top like pickets. It may well be imagined that when the trench was filled up with tamped rock and dirt that this fortification was almost invulnerable, when we remember the implements of war likely to be brought against it in those days of rude weapons. All around the stockade there were embrasures suitable for the use of muskets or carronades, of which latter, it is said, there were several in the fortress. On the northern side of the eastern angle there was erected a chapel, which was used exclusively by the ofificers of the garrison. It was twenty-five by thirty-one feet in dimensions and strongly built, the outer wall forming a part of the stockade, the round port-holes being peculiar looking openings in a house of worship. The entrance was on the inside of the fort, and consisted of a rude, heavy wooden door held upon wooden hinges. There was a vestibule about ten by twenty-five feet in size, thus leaving the auditorium twenty-one by twenty-five feet, from which a narrow stairway led to a low loft, while the building was crowned with two domes, one of which was round and the other pentagonal in shape, in which, it is related, there had been hung a chime of bells. The roof was made of long planks, either sawed or rove from redwood, as was also the sides of the chapel in the fort. A considerable degree of carpenter's skill was displayed in the construction of the building, for a faint attempt at getting out mouldings for the inner door and window casings was made, a bead being worked around the outer edge of the casing and mitered at the corners. On the west side of the northern angle there was a two-storied building, twenty- eight by eighty feet in dimensions, which was roughly constructed and doubtless used as the barracks for the men of the garrison. On the northern side of the western angle there was a one-story building, twenty-nine by fifty feet, constructed in a better style of workmanship and evidently used as officers' quarters. On the southern side of the western angle was a one-story building, twenty-five by seventy-five feet, which was presumably used for a work-house, as various branches of industry were prose- cuted within its walls; and on the eastern side of the southern angle there was a row of low shed buildings, used, it is thought, for the stabling of stock and storing of feed. The framework of all the buildings was made of very large and heavy timbers, 78 History of Alameda County, California. many of them being twelve inches square. The rafters were all great, ponderous round pine logs, a considerable number of them being six inches in diameter. The above includes the stockade and all its interior buildings. We will now draw attention to the exterior buildings, for be it known that there was, at one time, a colony numbering two hundred and fifty souls at Fort Ross. In 1 84s there were the remains of a village of about twenty-five small dwelling-houses on the north side of the stockade, all of which were in keeping with those at Bodega. They were probably not over twelve by fourteen feet in size, and fashioned from rough slabs of redwood. These hardy Muscovites were so rugged and inured to the cold of the higher latitudes that they cared not for the few cracks that might admit the fresh, balmy air of the California winter mornings. Also, to the northward of, and near this village, situated on an eminence, was a wind-mill, which was the motor for driving a single run of burrs, and also for a stamping machine used for grinding tan-bark. The wind-mill produced all the flour used in that and the Bodega settle- ments, and probably a considerable amount was also sent with the annual shipment to Sitka. To the south of the stockade, and in a deep gulch at the debouchure of a small stream into the ocean, there stood a very large building, probably eighty by one hundred feet in size, the rear half of which was used as a tanning establish- ment. Here were six vats in all, constructed of heavy, rough redwood slabs, and each with a capacity of fifty barrels; there were also the usual appliances necessary for the conduct of a tannery, but these implements were rough and unwieldly in their make, still, with these, they were able to manufacture a good quality of leather in large quantities. The front half of the building, or that facing the ocean, was used as a workshop for shipwrights. Ways were constructed on a sand beach at this point, leading into deep water, and upon them were built a number of staunch vessels, and from here was launched the very first sea-going craft constructed in California. Still further to the south, and near the ocean shore, stood a building eighty by a hundred feet, which bore all the marks of having been used as a store-house; it was, however^ unfortunately blown down by a storm on July 16, 1878, and soon there will be nothing to mark its site. Tradition states that to the eastward of the fort, and across the gulch, there once stood a very large building, which was used as a church for the common people of the settlement, near which the cemetery was located. A French tourist once paid Fort Ross a visit, and, arriving after dark, asked permission to remain over night with the parties who at that time owned that portion of the Mexican grant on which the settlement was located. During the evening the conversation naturally drifted upon the old history of the place. The tourist displayed a familiarity with all the surroundings, which surprised his host and caused him to inquire if he had ever lived there with the Russians. He answered that he had not, but that he had a very warm friend in St. Petersburg who had passed thirty years of his life at Fort Ross as a priest in the Greek Church, and that he had made him a promise, upon his departure for California, about a year before, to pay a visit to the scenes of the holy labors of the priest, and it was in compliance with this promise that he was there at the time. Among the other things inquired about was the church close to the cemetery men- tioned above. All traces of this, building had long since disappeared and the settlers Early History and Settlement. 79 were surprised to hear that it ever stood there. The tourist assured them that the priest had stated distinctly that such an edifice once occupied that site, and also that a num- ber of other buildings stood near it, which were used by the peasants as homes. Ernest Rufus, of Sonoma, who visited Fort Ross in 1845, has informed us that when the land lapsed into disuse after the Russians had left, wild oats grew very rank, often reaching the enormous height of ten feet, and the Indians being wont to set it on fire, during these conflagrations the fences and many of the smaller houses of the Rus- sians were consumed, while he well remembers there were a number of cabins near the cemetery, and that the blackened ruins of a very large building also remained, which the half-breed Russo- Indians told him had been used as a church. The ■ tourist mentioned above stated -that his friend, the priest, was greatly attached to the place, as had been all who had lived in the settlement. They found the climate genial, the soil productive, and the resources of the country great, and, all in all, it was a most desirable place to live in. The Russians had farmed very extensively here, having at least two thousand acres inclosed, besides a great deal that was not. Their fences, which were chiefly of that kind known as rail and post, as stated before, nearly all perished in the wild fires. Their agricultural processes were as crude as any of their other work. Their plow was very similar to the old Spanish implement, so common in this country at that time and still extant in Mexico, with this exception, the Muscovite instrument pos- sessed a mold-board. Oxen and cows were employed as draft animals, the old Span- ish yoke being adjusted to their horns instead of to their necks. We have no account of any attempt to construct either a cart or a wagon, but it is probable they had vehicles like unto those described as being in use among the Californians at that time, while it is supposed they used to a great extent sleds for transporting their produce, when cut, to the threshing floor, which was constructed differently from those then common in the country, and was simply composed of heavy puncheons elevated from the ground into the interstices between which the grain fell to the floor as it was released from the head. The threshing was done in this wise: A layer of grain, in the straw, of a foot or two in depth, was placed upon the floor, over which oxen hitched to a log — into which were inserted rows of wooden pegs — were then driven. As the log revolved these pegs acted well the part of a flail, the straw being expeditiously relieved of its burden of grain. It was, doubtless, no difficult task to winnow the grain after it was threshed as the wind blows a stiff blast at that point during all of the summer months. The Russians constructed a wharf at the northern side of the little cove and graded a road down the steep ocean shore to it, the line of which is still visible, for it passed much of its way through solid rock. This quay or jetty was made fast to the rocks on which it was built with long iron bolts, of which only a few that were driven into the hard surface now remain, while the wharf itself is gone, and mayhap its timbers drifted upon many a foreign shore. These old Muscovites, probably, produced the first lumber with a saw ever made north of the San Francisco Bay, for they had both a pit and whip-saw, the former of which can be seen to this day. Judging from the number of stumps still standing, and the extent of territory over which they extended their logging operations, they evidently consumed large quantities of lumber. The timber was only about one mile 80 History of Alameda County, California. distant from the ship-yard and landing, while the stumps of trees cut by them are still standing, and beside them from one to six shoots have sprung up, many of which have now reached a size sufficient for lumber purposes. This growth has been remark- able and goes to show that if proper care were taken, each half century would see a new crop of redwoods, sufficiently large for all practical purposes, while ten decades would develop gigantic trees. As stated above, the ceinetery lay to the eastward of the fort, about one-fourth of a mile, and across a very deep gulch, it being near the church for the peasants. There were never more than fifty graves in it, though all traces are obliterated now of riot more than a dozen; most of those still remaining had some sort of a wooden struct- ure built over them. One manner of constructing these mausoleums was to make a series of rectangular frames of square timbers, about six inches in diameter, each frame a certain degree smaller than the one below it, which were placed one above another, until an apex was reached, the whole being surmounted with a cross. Another method was to erect a rectangular frame of heavy planking about one foot high and cover the top with two heavy planks placed so as to be roof-shaped; others had simply a rude cross; others, a cro.ss on which some mechanical skill was displayed, while one has a large round post standing high above the adjacent crosses. The occupants of this silent city are presumably buried with their heads toward the west for the graves lie due east and west. From their size, several of them must hold the ashes of children, but no inscription remains to tell their story. Quietly are they sleeping in their far- away tombs where the eyes of those who knew and loved them in their earthly life can never rest again upon their little graves, and while the eternal roar of the mighty Pacific makes music in the midnight watches do they await the great day that shall restore them to their long-lost friends. Sleep on, brave hearts, and peaceful be thy slumbers. In an easterly direction, and about one mile distant from the fort, there was an inclosure containing about five acres, surrounded by a fence about eight feet high, made of redwood slabs about two inches in thickness, these being driven into the ground, while the tops were nailed firmly to girders extending from post to post, set about ten feet apart. Within the inclosure there was an orchard consisting of apple, prune, and cherry trees. Of these, about fifty of the first and nine of the last- named, moss-grown and gray with age, still remain, while it is said that all the old stock of German prunes in California came from seed produced there. The Russians had a small settlement at a place now known as Russian Gulch where they evidently grew wheat, for the remains of a warehouse are still to be seen. There were several commanders who had charge of the Russian interests on the Pacific Coast, but the names of all save the first, Alexander Koskoff, and the last, Rotscheff, have been lost to tradition. Gen. William T. Sherman relates a pleas- ing incident in his " Memoirs " which is called to mind by the mention of the name of Rotscheff While lying at anchor in a Mediterranean port, the vessel on which Sher- man was traveling was visited by the officers of a Russian naval vessel. During the exchange of courtesies and in the course of conversation, one of the Russian officers took occasion to remark that he was an American by birth, having been born in the Russian Colony in California, and that he was the son of one of the colonial Early History and Settlement. 81 rulers. He was doubtless the son of Rotscheff and his beautiful spouse, the Princess de Gargarin, in whose honor Mount St. Helena was named. The beauty of this lady excited so ardent a passion in the breast of Solano, chief of the Indian tribe of that name, that he formed a plan to capture, by force or strategy, the object of his strange love, and he might have succeeded had his design not been frustrated by General Vallejo. We have thus set forth all the facts concerning the Russian occupancy, and their habits, manners, buildings, occupations, etc.; we will now trace the causes which led to their departure from the genial shores of California. It has been stated that the promulgation of the Monroe Doctrine caused them to leave; but that is hardly the fact, for they remained seventeen years after this policy was announced to the countries of Europe; it is, however, probably true that European nations had something to do with it, for both France and England had an eye upon this territory, and both hoped some day to possess it. As long as the Russians main- tained a colony here, they had a prior claim to the territory; hence they must be got rid of The Russians also recognized the fact that the Americans were beginning to come into the country in considerable numbers, and that it was inevitable that they should overrun and possess it. The subsequent train of events proved that their surmises were correct; one thing, however, is evident, and that is, that they did not depart at the request or behest of either the Spanish or Mexican Governments. It is almost certain that the Russians contemplated a permanent settlement at this point when they located here, as this section would provide them with wheat, an article much needed for the supply of their stations in the far north. Of course, as soon as the Spanish authorities came to know of their permanent location, word was sent of the fact to Madrid. In due course of time reply came from the seat of Government ordering the Muscovite intruders to depart, but to this peremptory order, their only answer was that the matter had been referred to St. Petersburg. We have shown above that an interview had taken place between Koskoff and the Spanish authorities on board the Rurick, when anchored in the Bay of San Francisco, .to consult on the complaints of the latter, but that nothing came of it. The com- mandants under the Mexican regime, in later years, organized several military expe- ditions for the purpose of marching against the intruders, but none in that direction was ever made. For more than a quarter of a century they continued to hold undis- turbed possession of the disputed territory, prosecuted their farming, stock-raising, hunting, trapping, and ship-building enterprises; and, -whatever may have been the causes which led to it, there finally came a time when the Russian authorities had decided to withdraw the California colony. The proposition was made first by them to the Government authorities at Monterey, to dispose of their interests at Bodega and Fort Ross, including their title to the land, but, as the authorities had never recog- nized their right or title, and did not wish to do so at that late date, they refused the purchase. Application was next made to Gen. M. G. Vallejo, but on the same grounds he refused to buy. They then applied to Capt. John A. Sutter, a gentle- man at that time residing near where Sacramento City now stands, and who had made a journey from Sitka some years before in one of their vessels. They persuaded Sutter into the belief that their title was good, and could be maintained; so, after 82 History of Alameda County, California. making out a full invoice of the articles they had for disposal, including all the land lying between Point Reyes and Point Mendocino, and one league inland, as well as cattle, farming and mechanical implements, also, a schooner of one hundred and eighty, tons burthen, some arms, a four pound trass field-piece, etc., a price was decided upon, the sum being thirty thousand dollars, which, however, was not paid at one time, but in cash installments of a few thousand dollars, the last payment being made through ex-Governor Burnett, in 1 849. All the stipulations of the sale having been arranged satisfactorily to both parties, the transfer was duly made, and Sutter became, as he had every right to expect, the greatest land-holder in California — the grants given by the Mexican Government seemed mere bagatelles when compared to his princely domain — but, alas for human hopes and aspirations, in reality he had paid an enormous price for a very paltry compensation of personal and chattel property 1 It is apropos here to remark that in 1859, Sutter disposed of his Russian claim, which was a six-eighths interest -in the lands mentioned above, to William Muldrew, George R. Moore, and Daniel W. Welty, but they only succeeded in getting six thousand dollars out of one settler, and, the remainder refusing to pay, the claim-was dropped. Some of the settlers were inclined to consider the Muldrew claim, as it is called, a blackmailing affair, and to censure General Sutter for disposing of it to them, charg- ing that he sanctioned the pilfering process, and was to share in its profits, but we will say.in justice to the memory of that large-hearted pioneer, that so far as he was concerned, there was no idea of extortion on his part. He supposed that he had purchased a bona fide claim and title to the land in question of the Russians, and always considered the grants given by the Mexican Government as bogus, hence, on giving the quit-claim deed to Muldrew et al. he sincerely thought that he was deeding that to which he alone had any just or legal claim. Orders were sent to the settlers at Fort Ross to repair at once to San Francisco Bay, and ships were dispatched to bring them there, where whaling vessels bound for the northern fishing grounds had been chartered to convey them to Sitka. These craft arrived at an early hour in the day, and on the orders being shown to Rotscheff, the commander, he ordered the bells in the ch»pel towers to be rung, and the cannon to be fired, this being the usual method of convocating the people at an unusual hour, or for some especial purpose, so, everything was suspended just there — the husband- man left his plow standing in the half-turned furrow and unloosed his oxen, never again to yoke them, leaving them to wander at will over the fields; the mechanic dropped his planes and saws on the bench, with the half-smoothed board remaining in the vise; the tanner left his tools where he was using them, and doffed his apron to don it no more in California. As soon as the entire population had assembled, Rotscheff arose and read the orders. Very sad and unwelcome, indeed, was the intelligence, but the edict had emanated from a source which could not be gainsaid, and the only alternative was a speedy and complete compliance, however reluctant it might be — and thus four hundred people were made homeless by the fiat of a single word. Time was only given to gather up a few household effects with some of the choicest mementoes, and they were hurried on board ship. Scarcely time was given to those whose loved ones were sleeping in the grave-yard near by, to pay a last sad visit to their resting-place. Embarkation was commenced at once; Early History and Settlement. 83 " And with the ebb of the tide the ships sailed out of the harbor, Leaving behind them the dead on the shore,'' And all the happy scenes of their lives, which had glided smoothly along on the beautiful shores of the Pacific and in the garden spot of the world. Sad and heavy must have been their hearts, as they gazed for the last time upon the receding land- scape which their eyes had learned to love, because it had been that best of places — HOME. "This is the forest primeval; but virhere are the hearts that beneath it Leaped like the roe, when he hears in the woodland the voice of the huntsman ? Waste are the pleasant farms, all the farmers forever departed! Scattered like dust and leaves, when-the mighty blasts of October Seize them and whirl them aloft, and sprinkle them far over the ocean. Naught but tradition remains. « Still stands the forest primeval; but under the shade of its branches Dwells another race, with ether customs and languE^e, While from its rocky caverns the deep- voiced neighboring ocean ' Speaks, and in accents disconsolate, .answers the wail of the forest. " At this stage of our remarks it may, perhaps, be well to introduce the reader to a few of the characteristics, manners, customs, and mode of living of the native Californians. These were for the most part, a half-caste race between the white Castillian and the native Indian, very few of the natives retaining the pure blood of old Castile; they were consequently of all shades of color and developed, the women especially, into a handsome and comely people. Their wants were few and easily supplied; they were contented and happy; the women were virtuous and great devo- tees to their church and religion, while, the men in their normal condition were kind and hospitable, but when excited, they became rash, fearless and cruel, with no dread for either knife or pistol. Their generosity was great, everything they had being at the disposal of a friend, or even a stranger, while socially, they loved pleasure, spending most of their time in music and dancing; indeed such was their passion for the latter that their horses have been trained to cavort in time to the tones of the guitar. When not sleeping, eating, or dancing, the men passed most of their time in the saddle and naturally were veiy expert equestrians.. Horse-racing was with them a daily occur- rence, not for the gain which it might bring, but for the amusement to be derived therefrom; and to throw a dollar upon the ground, ride at full gallop and pick it up, was a feat that almost any of them could perform. Horses and cattle gave them their chief occupation. They could use the riata or lasso with the utmost dexterity; whenever thrown at a bullock, horseman, or bear, it rarely missed its mark. The riata in the hand of a Californian was a more dan- gerous weapon than gun or pistol, while, to catch a wild cow with it, throw her and tie her without dismounting, was most common, and to go through the same per- formance with a bear was not considered extraordinary. Their only articles of export were hides and tallow, the value of the former being about one dollar and a half in cash, or two in goods, and the latter three cents per pound in barter. Young heifers of two years old, for breeding purposes, were worth three dollars; a fat steer, delivered to the purchaser, brought fifty cents more, while it was considered neither trespass nor larceny, to kill a beeve, use the flesh, and hang the hide and tallow on a tree, secure from coyotes, where it could be found by the owner. 84 History of Alameda County, California. Lands- outside of the towns were only valuable for grazing purposes. For this use every citizen of good character, having cattle, could, for the asking, and by paying a fee to the officials, and a tax upon the paper upon which it was written, get a grant for a grazing tract of from one to eleven square leagues of land. These domains were called ranchos, the only improvements on them being usually a house and corral. They were never inclosed; they were never surveyed, but extended from one well- defined landmark to another, and whether they contained two or three leagues more or less was regarded as a matter of no consequence, for the land itself was of no value to the Government. It was not necessary for a man to keep his cattle on his own land. They were ear-marked and branded when young, and these established their ownership. The stock roamed whithersoever they wished, the ranchero sometimes finding his animals fifty or sixty miles away from his grounds. About the middle of March commenced the '^ Rodeo" season, which was fixed in advance by the ranchero, who would send notice to his neighbors around, when all, with their vaqueros, would attend and par- ticipate. The rodeo was the gathering in one locality of all the cattle on the rancho. When this was accomplished, the next operation was for each ranchero present to part out from the general herd all animals bearing his brand and ear-mark and take them off to his own rancho. In doing this they were allowed to take all calves that followed their mothers, what was left in the rodeo belonging to the owner of the rancho, who had them marked as his property. On some of the ranchos the number of calves branded and marked each year appears to us at this date to be enormous, Joaquin Bernal, who owned the Santa Teresa Rancho, in the Santa Clara Valley, having beerl in the habit of branding not less than five thousand head yearly. In this work a great many horses were employed. Fifty head was a small number for a ranchero to own, while they frequently had from five to si'x hundred trained animals, principally geldings, for the mares were kept exclusively for breeding purposes. The latter were worth a dollar and a half per head; the price of saddle horses was from two dollars and fifty cents to twelve dollars. In the month of December, 1865, a writer under the nom de plume of " Yadnus," thus writes to the San Josd Mercury : — " Not many years ago, in the agricultural counties, or, as they are more ele- gantly termed in the parlor language of California, ' Cow Counties,' prevailed to a great extent the custom which has given rise to the following rough verses. Until the heavy floods and severe weather of the memorable winter of 1861, had more than decimated their herds, it was the practice (in accordance with law, I believe), for the wealthy rancheros — men who counted their cattle (when they counted them at all) by the thousands — to hold twice a year, a rodeo {rodere), to which all who owned stock within a circuit of fifty miles repaired, with their friends, and often with their families. At the appointed time, the cattle, for many leagues around, were gathered up by the horsemeji, or vaqueros {buckaros), of the different stockmen and driven into a large coi;ral, where the branding, marking, and claiming of stock occupied some- times a week. At the largest rodeo I ever witnessed there were gathered together some thirty thousand head of cattle, and at least three hundred human beings, among whom were many of the gentler sex. These rodeos were usually presided over by a ' Judge Early History and Settlement. 85 of the Plains,' an officer appointed in later years by the Board of Supervisors, and whose duty it was to arbitrate between owners in all disputes that might' arise as to cattle-property, overhaul and inspect all brands of stock being driven from or through the county, and to steal as many 'hoobs' as he possibly could without detection. In fact, the 'perquisites' constituted pretty nearly the entire pay of this valuable officer, and if they all understood their business as well as the one it was my fortune to cabin with for a number of months, they made the office pay pretty well." The following poetic description of a rodeo is well worthy the perusal of the reader: — EL RODEO. Few are the sunny years, fair land of gold. That round thy brow their circlet bright have twined ; -Yet, each thy youthful form hath still enrolled In wondrous garb of peace and wealth combined. Few are the years since old Hispariia's sons Reared here their missions — tolled the chapel bell; Subdued the natives with their priestly guns, To bear the cross of God — and man as well. Oft have the holy Fathers careless stood Within thy valleys; then a blooming waste : Or heedless, toiled among the mountain flood, That rich with treasure, downward foamed and raced. Those times and scenes have long since passed away. Before the white man's wisdom-guided tread. As fly the shades before the steps of day, When in the east he lifts his radiant head. But still thy valleys and thy mountains teem With customs common to the race of old, Like Indian names bequeathed to lake and stream, They'll live while Time his restless reign shall hold. 'Tis of one such that I essay to sing, A custom much ip vogue in sections here. Till flood and frost did such destruction bring That scarce since then was needed a rodere.~ They coine ! and thundering down the red-land slope. The fierce ganado madly tears along. While, close behind, urged to their utmost lope, The wild caballos drive the surging throng. At headlong speed the drivers keep the band, With yells, and oaths, and waving hats and coats, Till in the strong corral they panting, stand. And rest is gained for horses and for throats. Then comes the breakfast; soon the steer they kill. And quickly is the dressing hurried through; The meat is cooked by rude, yet well-liked skill. And — all do know what hungry men can do. The Padron sits beneath yon old oak tree, Encircled by a group of chatting friends; For at rodeo, all one can eat is free. So all around in greasy uilion blends. The breakfast finished, cigai^ettes alight. Unto the huge corral all h&nds proceed; The strong-wove cinches are made doubly tight. And the riata's noose prepared for need. The fire is kindled, and the Iron brand. Amid its coals, receives thfc wonted heat; The Padron leaves assent, with eager hand. And the dark riders bound to saddle-seat. Last night, at sunset, down the stream, I saw The dark vaqueros ride along the plain. With jingling spur, and bit, wuijaquima. And snake-like lariats scarce e'er hurled in vain; The steeds they rode were champing on the bit, The agile riders lightly sat their "trees," And many a laugh and waif of Spani^ wit Made merry music on the evening breeze. Far out beyond the hills their course they took, And where there lies, in early-summer days, A lake, a slough, or chance a pebbly brook. The coyote saw the camp-fire wildly blaze. All night they lay beneath the lurid glare. Till had upsprung morn's beauteous herald star. And then, received each here the needed care, Quick o'er the plains they scattered near and far. Where yon dark cloud of duSt is rising high. The swart vaquero like ' thfe lightning dart. And singling out their prey with practiced eye. Rush him from the affrightfed herd apart, Then whirls the lasso, whistling through the air. In rapid circles o'er eaph horseman's head, Till round thb yearling's throat is hurled the snare Burning like a huge coil of molten lead. Then heedless of its struggles to get free. They drag it to the Mayordomo' s stand, ■ Who, though of tender heart he's wont to be, Now, merciless, sears deep in its flesh the brand. The Spanish mother, at her youngling's cry, Comes charging down with maddened hoof and' horn. While far and wide the crowd of gazers fly. And hide behind the fence-posts till she's gone. History of Alameda County, California. In faith, it is a sight well worth to see, These things, and many more, tend well to fill For those who like excitement's feverish touch. The eager cravings of the morbid mind, And he who can look on and passive be, Akin to passions that full oft instill Has ice within his nature overmuch. Feelings that prompt the torture of its kind; What frantic bellowings pierce the startled air. But he who rashly seeks a closer view ; What clouds of dust obscure the mid-day sky. Of tortured calf, to mark each groan and sigh, What frenzied looks the maddened cattle wear, Receives, full oft, rebuke in black and blue, As round and round, in vain, they raging fly! Pointed with force to where his brains most lie . By the time the rodeo season was over, about the middle of May, the "Matanza," or killing season, commenced. The number of cattle slaughtered each year was commensurate with the number of calves marked, and the amount of herbage for the year, for no more could be kept alive than the pasture on the rancho could sup- port. After the butchering, the hides were taken off and dried; the tallow, fit for market, was put into bags made from hides; the fattest portions of the meat were made into soap, while some of the best was cut, pulled into thin shreds, dried in the sun, and the remainder thrown to the buzzards and the dogs,a numberof which were kept — young dogs were never destroyed — to clean up after a matanza. Three or four hundred of these curs were to be found on a rancho, and it was no infrequent occurrence to see a ranchero come into a town with a string of them at his horse's heels. Let us consider one of the habitations of these people. Its construction was beautiful in its extreme simplicity. The walls were fashioned of large, sun-dried bricks made of that black loam known to settlers in the Golden State as adobe soil, mixed with straw, measuring about eighteen inches square and three in thickness, these being demented with mud, plastered within with the same substance, and white- washed whfen finished. The rafters and joists were of rough timber, with the bark simply peeled off, and placed in the requisite position, the thatch being of rushes or chaparral, fastened down with thongs of bullocks' hide. When completed, these dwellings stand the brunt and wear of many decades of years, as can be evidenced by the number which are still occupied throughout the country. The furniture con- sisted of a few cooking utensils, a rude bench or two, sometimes a table, and the never-failiflg red camphor-wood trunk. This chest contained the extra clothes of the women — the men wore theirs on their backs — and when a visit of more than a day's duration was made, the box was taken along. They were cleanly in their persons and clothing; the general dress being, for females, a common calico gown of plain colors, blue grounds with small figures being most fancied. The fashionable ball- dress of the young ladies was a scarlet flannel petticoat covered with a white lawn skirt, a combination of tone in color which is not surpassed by the modern gala cos- tume. Bonnets there were none, the head-dress consisting of a long, narrow shawl or scarf So graceful was their dancing that it was the- admiration of all strangers; but as much cannot be said for that of the men, for the more noise they made the better it suited them. The dress of the men was a cotton shirt, cotton drawers, calzonazos, sash, serape, and hat. The calzonazos took the place of pantaloons in the modern costume, and differed from these by being open down the sides, or rather, the seams on the sides were not sewed as in pantaloons, but were laced together from the waistband to the hips by means of a ribbon run through eyelets; thence they were fastened with large silver bell-buttons. In wearing them they were left open from the knee down. The Early History and Settlement.: 87 best of these garments were made of broadcloth, the inside and outside seams being faced with cotton velvet. The serape was a blanket with a hole through its center, through which the head was inserted, the remainder hanging to the knees before and behind. These cloaks were invariably of brilliant colors, and varied in price from four to one hundred and fifty dollars. The calzonazos were held in their place by a pink sash worn around the waist, while the serape served as a coat by day and a covering by night. , Their courtship was to the western mind peculiar, no. flirting or love-making being permitted. When a young man of marriageable age saw a young lady whom he thought would make a happy help-mate, he had first to make his wishes known to his own father,in whose household the eligibility of the connection was primarily canvassed, when, if the desire was regarded with favor, the father of the enamored swain addressed a letter to the father of the young lady, asking for his daughter in marriage for his son. The matter was then freely discussed between the parents of the girl, and, if an adverse decision was arrived at, the father of the young man was by letter so informed, and the matter was at an end; but if the decision of her parents was favor- able to him, then the young lady's inclinations were consulted, and her decision communicated in the same manner, when they were affianced, and the affair became a matter of common notoriety. Strephon might then visit Chloe, was received as a member of her family, and when the time came the marriage was celebrated by . feasting and dancing, which usually lasted from three to four days. It may be mentioned here that when a refusal of marriage was made, the lady was said to have given her lover the pfumpkin — Se dio la cabala: The principal articles of food were beef and beans, in the cooking and pre- paring of which they were unsurpassed; while they cultivated, to a certain extent, maize, melons, and pumpkins. The bread used was the tortilla, a wafer in the shape of the Jewish unleavened bread, which was, when not made of wheaten flour, baked from corn. When prepared of the last-named meal, it was first boiled in a weak lye made of wood ashes, and then by hand ground into a paste between two stones; this process completed, a small portion of the dough was taken out, and by dexter- ously throwing it up from the back of one hand to that of the other the shape was formed, when it was placed upon a flat iron and baked over the fire. The mill in which their grain was ground was made of two stbnes as nearly round as possible, of about thirty inches in diameter, and each being dressed on one side to a smooth surface. One was set upon a frame some two feet high, with the smooth face upwards; the other was placed on this with the even face down- wards, while, through an inch-hole in the center, was the grain fed by hand. Two holes drilled partly through each admitted an iron bolt, by means of which a long pole was attached, to its end was harnessed a horse, mule, or donkey, and the animal, being driven round in a circle, caused the stone to revolve. We are informed that these mills were capable of grinding a bushel of wheat in about twelve hours ! Their vehicles and agricultural implements were quite as primitive, the cart in common use being framed in the following manner: The two wheels were sections of a log with a hole drilled or bored through the center, the axle being a pole sharpened at each extremity for spindles, with a hole and pin at either end to prevent the 88 History of Alameda County, California. wheels from slipping off. Another pole fastened to the middle of the axle served , the purpose of a tongue. Upon this frame-work was set, or fastened, a species of wicker-work, framed of sticks, bound together with strips of hide. The beasts of burden were oxen, which were yoked with a stick across the forehead, notched and crooked so as to fit the head closely, and the whole tied with rawhide. The plow was a still more quaint affair. It consisted of a long piece of timber which served the purpose of a beam, to the end of which a handle was fastened; a mortise was next chiseled in order to admit the plow, which was a short stick with a natural crook, having a small piece of iron fastened on one end of it. With this crude imple- ment was the ground upturned, while the branch of a convenient tree served the purposes of a harrow. Fences there were none so that crops might be protected; ditches were therefore dug, and the chests of the sod covered with the branches of trees, to warn away the numerous bands of cattle and horses, and prevent their intru- sion upon the newly sown grain. When the crops were ripe they were cut with a sickle, or any other convenient weapon, and then it became necessary to thresh it. Now for the modus operandi. The floor of the corral into which it was customarj' to drive the horses and cattle to lasso them, from constant use, had become hardened. Into this inclosure the grain would be piled, and upon it the manatha, or band of mares, would be turned loose to tramp out the seed. The wildest horses, or mayhap the colts that had only been driven once, and then to be branded, would sometimes be turned adrift upon the straw, when would ensue a scene of the wildest confusion, the excited animals being urged, amidst the yelling of vaqueros and the cracking of whips, here, there, and everywhere, around, across, and lengthwise, until the whole was trampled, and naught left but the grain and chaff. The most difficult part, how- ever, was the separating- these two articles. Owing to the length of the dry season there was no urgent haste to effect this; therefore, when the wind was high enough, the trampled mass would be tossed into the air with large wooden forks cut from the adjacent oaks and the wind carry away the lighter chaff, leaving the heavier grain. With a favorable breeze several bushels of wheat could thus be winnowed in the course of a day; while, strange as it may appear, it is declared that grain so sifted was much cleaner than it is now, although manipulated by modern science. The government of the native Californian was as primitive as himself. There were neither law-books nor lawyers, while laws were mostly to be found in the tradi- tions of the people. The head officer in each village was the Alcalde, in whom was vested the judicial function, who received on the enactment of a new law a manuscript copy, called a bando, upon the obtaining of which a person was sent round beating a snare drum, which was a signal for the assemblage of the people at the Alcalde's office, where the Act was read, thus promulgated, and forthwith had the force of law. "When a citiz en had cause of action against another requiring the aid of court, he went to the Alcalde and verbally stated his complaint in his own way, arid asked that the defendant be sent for, who was at once summoned by an officer, simply saying that he was wanted by the Alcalde. The defendant made his appearance without loss of time, where, if in the same village, the plaintiff was generally in waiting. The Alcalde commenced by stating the complaint against him, and asked what he had to say about it. This brought about an altercation between the parties, and nine times '<^o4I7 0° Raised in the districts , $2, 324 00 Total expenditure during the year $9,986 00 Average for each pupil enrolled 13 " The amount raised in the various districts by voluntary subscription is as fol- lows: Alvarado, one hundred and eighty-two dollars; Union, two hundred and eighty- seven dollars; Eureka, two hundred and twenty-eight dollars; Lockwood, two hun- dred dollars; Centreville, one hundred and ninety-four dollars; Ocean View, one hun- dred and forty-four dollars; Alviso, one hundred and seven dollars; Alameda, one hundred and six dollars; Mission San ]os6, San Lorenzo, Redwood, and Temescal, raised less than one hundred dollars each, while Murray, Peralta, Edenvale, Oakland, and Brooklyn, depended entirely upon the public fund. The amount thus raised by the districts this year is only one-half as large as that raised during the previous year, and the average expenditure per scholar is also less. The Union, Brooklyn, Oakland, Murray, and Ocean View schools were maintained ten months or more; the Mission, nine months; the Alvarado, San Lorenzo, Alameda, and Murray's Landing, eight months; the Lockwood and Eureka, seven months; the Alviso, five months; and the Redwood, Temescal, and Peralta, four months. "There are three times as many male teachers as female in the county; the aver- age length of the schools is greater this year than last, but the average salary paid for teaching is less, and the average attendance on the schools less. All except three Early History and Settlement. 123 or four of the teachers have had from three to twenty^one years' experience in teach- ing, and nine intend to devote themselves to the profession for life. " The school-houses in the county generally, are unfit for use. With three or four exceptions, a humane man would feel that they were scarcely fit to shelter his ani- mals. Too small, badly constructed, worse furnished, and unpleasant in every way, they cannot but have a sad influence over the tastes and feelings and character of those whom they are assisting to educate. Those in Oakland, Brooklyn, and Alameda, are especially inadequate to meet the wants of the scholars — Oakland and Brooklyn each need a school building adapted to a graded school. Oakland especially with its four hundred and sixty-four children drawing the public money, has not adequate school accommodations for more than thirty scholars. The remaining three hundred and eighty-six are practically unprovided for. At the same time that district has more than sixteen hundred dollars lying idle in the county treasiiry. The Peralta and Bay Districts also need school-houses. " In addition to the public schools there are nine private schools and coflege.s in the county, with about one hundred and ninety pupils." What a change is now observed from this sad state of affairs; to-day no county in the Union has greater reason to be proud of its school advantages. Alameda County lias become the educational center of the State and bids fair to maintain her high reputation. The winter of 1861-62 is one that will never be forgotten in the memory of those who experienced its inclemencies. Snow lay in the valleys despite the sun's rays, and the last Sunday in January, 1862, ice formed to the thickness of an inch. So severe were tlie early rains, and so high the tides, that all low lying lands were sub- merged. The Alameda Wharf was lost to sight for a time and the ferry-boats were compelled to suspend some of their regular trips; Amador Valley was transformed into one great lake; the San Leandro Creek rose to so great a height that some build- ings near the bay were carried away, while one of the piers of the bridge was consid- erably damaged; much destruction ensued at Niles, San Lorenzo, and Yoakum's Ferry; while traffic was nearly suspended, the meetings of the Court of Sessions and Board of Supervisors being adjourned on account of the difficulty of travel. The- volume of water that fell in the month of January was immense; on the 23d of that month an inch of rain fell in the short space of forty minutes, while the San Lorenzo Creek rose seven feet and two inches in fifty-eight minutes. The flood would appear to have been general throughout the State; for it is estimated that damage was done to the extent of seventy-five millions of dollars. This gloom overshadowed the hearts of all the farmers, for their crops were threatened with destruction: as we write, March 23, 1883, the same despair has settled upon the agriculturists but because there has been no rain ! Truly the farmer's lot is not a happy one ! We are told that as late as the month of April, 1862, Mission Peak and the higher hills were capped with snow, and on May 17th were bedecked in a like manner, while as late as the month of June the county was visited by frequent showers of rain, notwithstanding all of which the crops were promising. Indeed, the year 1862 was phenomenal as regards the weather, and had there been- a Wiggins to prophecy the raging of storms and dire catastrophes, our farmers might well have felt apprehensive. On the 1 8th of August, 124 History of Alameda County, California. a straw stack near Mount Eden was struck by lightning and burned during a severe thunder-storm, while the telegraph wire at Centreville was also struck in like manner, exploding the magnet in the telegraph office and making a report like that of a musket. With the year 1863 came marvelous changes. The subject of railroads first commanded public attention in the question of a subsidy for the Alameda Valley Rail- road, and the breaking of ground at Sacramento for the great tran.s-continental line of the Central Pacific, while in the month of February the organization of the San Fran- cisco, Alameda, and Stockton Railroad Company commenced to be spoken of The subject of railroads, however, will be found more extendedly dwelt upon in the history of Oakland Township, suffice it here to state that the boon conferred upon Alameda County by this means of transportation has been inestimable. In this year too, a min- ing excitement had broken out, and several persons were digging into the hills some four miles to the east of Brooklyn, on what afterwards obtained the appropriate sob- riquet of " Wild Cat Ranch," but we have failed to learn that any one " struck it rich " though all at the time were full of hope. On November 23d several parties in Alva- rado were fired upon by a gang of Mexican desperadoes, who took to flight immedi- ately thereafter, but the outraged citizens at once started in pursuit and capturing one of them very properly hanged him at the bridge crossing the Alameda Creek. The opening of the year still brought the mining excitement. The Newsoi Jan- uary 23d says: "Mr. D. B. Goode called at our office on Wednesday last, on his return from San Francisco, where he had been on business connected with the Occidental Mining Company, located in Murray Township, in the southeast part of this county. This company is organized but not incorporated as yet. Mr. Goode is an old miner, having resided for some time in Placer County, and of course is no novice in mining operations. He has been prospecting and mining in this vicinity since last June and is now satisfied that he has ' struck it rich.' The lead struck is principally silver, with a slight mixture of gold. The district laid out is called the ' Alameda Mining Dist- rict,' and the by-laws of the company will soon be published. The shaft is now forty feet deep and the rock at this depth just assayed in San Francisco yielded at the rate of eighty dollars per ton of silver. At the depth of forty feet the ledge is some four feet wide, well defined, runs north and south, and dips to the east." The Mountain House, situated in the northeastern portion of the county, was attacked and plundered by a band of robbers on January 15, 1864, who were armed with pistols and bowie-knives and threatened to kill the inmates, the only men in the house being a sick Frenchman and a not very courageous German. By their intimi- dation they succeeded in obtaining one hundred dollars of Mr. Zimmerman's treasure, two dollars and a half from the Frenchman and all of the Teuton's wealth — one dollar. From this sum they afterwards, out of the fullness of their hearts returned one dollar, saying they did not like to leave a man " dead broke." Making their escape with the booty, they were subsequently apprehended in San Josd, brought back to Alameda County, tried before Judge Hamilton, and sent across the bay for fifteen years; the sentence of one of them, however, who gave the name of Charles Williams, being afterwards reduced to ten years. Sheriff Morse, at the commencement of this year, reported the enrollment of three thousand and eight men for military duty, a Early History and Settlement. 125 large proportion of the population when it is considered that California would not be called upon to take any part in the civil war which was then at its height, although it was thought, for prudential reasons, necessary to ascertain the military strength of the State. It is said that in Brooklyn Township there was one man adjudged insane for resisting the muster. Mr. Halley relates the following distressing accident as occurring on September 7, 1864, about midway between Niles and Centreville. "It appears that a Mr. Jerome Rice, an auctioneer of San Francisco, and his book-keeper, a Mr. R. Gardiner, were ■on their way to Warm Springs in a buggy, drawn by a span of horses, and losing their way near Alvarado in the dark lost sight of the main road and took a wrong direction; when at the point indicated, the horses stopped suddenly on the edge of the river bank and Mr. Gardiner suggested that one of them had better get out and see what was the matter. Mr. Rice thought it was but one of those sudden frights to which horses are subjected and urged them forward again, when, in an instant, horses, driver, carriage and all went crashing down to the bottom of the creek, making a fall of about twenty feet. Strange as it may appear, here they remained as they fell for four days and nights, without relief or food, with the exception of Mr. Gardiner, who, after shouting himself hoarse and remaining a whole day expecting assistance, with a a broken leg, proceeded to drag himself towards the nearest habitation, that of Mr. Overacker, which was almost within hailing distance. He was not seen nor heard and two days and nights and a part of a third day were consumed in making this painful journey. When the circumstances of the sad affair were made known to Mr. Overacker and his family, they at once proceeded to render all the assistance in their power. On arriving at the scene of the accident, they found that Mr. Rice was hurt internally, seriously injured, and ktjocked insensible by the fall. One of the horses was lying down, tangled in the harness, and the other standing by him. When Mr. Rice was taken up he remarked: " How hard it is to lie here and die. How far is it — " and then became insensible. He died on the following day, at two o'clock in the morning. Mr. Gardiner, notwithstanding the hardships he endured and the severity of his injuries, recovered, but was lame for life. On September 2, 1864, there was killed in action in the Shenandoah Valley, Captain C. S. Eigenbrodt, a gentleman who had formerly held the office of Super- visor for Washington Township, in this county, and who had gone East with a com- pany of California Cavalry, which was attached to a Massachusetts regiment. The intelligence of his death was received with much regret throughout Alameda, while the Crusade Lodge of Odd Fellows, of which he had been a prominent member, passed resolutions of condolence and regret and otherwise honored his memory. In December, of this year, trouble with "squatters" commenced on the ranch, near the mission, of H. G. Ellsworth, but they were not of long duration, that gentleman having got rid of them, and ultimately obtained full possession of the property. At the January term of the County Court in this year the case of H. G. Ellsworth versus Elias Sampson and twenty others, for trespass as squatters on a portion of the Mission Ranch, was tried, and, after several days in Court, the plaintiff was awarded damageg to the extent of one thousand dollars. The legal talent on either side were: For plaintiff, Edward Tompkins; for defendants, W. H. Glascock, H. K. W. Clarke, and 126 History of Alameda County, California. Judge Collins. In this year the contract for the construction of the Western Pacific Railroad, from San Jose to Stockton, was let to Cox & Meyers, and work commenced in the Alameda Caiion in the month of June; while the grading of the San Fran- cisco and Alameda Railroad was completed, to San Leandro in January, and the laying of the track finished in March, the first trip being made from San Francisco, by boat and cars, to San Leandro in an hour and a quarter. In April the contract for the completion of the road to Haywards was let to C. D. Bates, and an opening excursion, free, was had August 25, 1865. On the 22d of March the Contra Costa Railroad, to connect the San Francisco and Alameda Railroad with Oakland and San Pablo, was incorporated, but they never did any work on the proposed line. It has since been effectually carried out by the Central Pacific Railroad Company. It was in this year that the dastardly assassination of President Lincoln, on April 14, 1865, cast the whole nation into grief Alameda County was not a whit behindhand in her expression of sorrow, all being naturally impelled by the same feeling of woe, and loud were the execrations hurled at the foul murderer. Guillermo Castro obtained a confirmation to the lands of the San Lorenzo Rancho, April 29, 1865, and a United States patent was issued therefor, while, not long after, the settlers on the San Ramon Rancho paid the sum of one hundred and eleven thousand dollars to Horace W. Carpentier for his title thereto. This splendid estate had originally cost Mr. Carpentier, we understand, the immense sum of one sack of flour ! Enterprise and activity reigned supreme throughout the year 1867. During it were established a County Teachers' Association ; the incorporation of the Oakland Bank of Savings; the location of the Deaf, Dumb, and Blind Institute; the reorganiza- tion of the County Agricultural Society; and the founding of the Agricultural College. The principal occurrence in 1868 was the earthquake of October 21st, which was first felt a few minutes before eight o'clock in the morning. In Alameda County, which appears to have been its center, it was particularly destructive, and great damage was sustained in nearly all of the interior and valley towns, for particulars of which we refer the reader to the township histories; it is sufficient to say here that it was the most prodigious shaking that the county had ever had since its creation. On the 29th October, 1869, the last rail of the Pacific Railroad was laid in Oak- land, and thus the shores of the two mighty oceans were connected; and hardly had the ring of the final blow upon the last spike been hushed ere a distressing accident occurred near San Leandro, full particulars of which are given elsewhere. It is now the proper time to show, in one branch of her products, the prominent place which Alameda County had taken. In the year 1868 J. Lusk, whose farm is within four miles of Oakland, cultivated fifty, acres of raspberries, and derived from them a very handsome profit. He sent to market ninety tons of fresh raspberries, which were sold at an average of ten cents per pound, or a total of eighteen thousand dollars. He manufactured into jams, jellies, and pie-fruit twenty tons, which realized in the neighborhood of ten thousand dollars. He made fifteen thousand gallons of wine, worth twenty-five cents per gallon, at the lowest figure, six thousand two hun- dred and fifty dollars. He also manufactured ten thousand gallons of vinegar, worth twenty cents per gallon, or two thousand dollars; making the total product of his Early History and Settlement. 127 ranch thirty-six thousand two hundred and fifty dollars. The cost of cultivating, picking, canning, barreling, and getting to nnarket may be estimated at twenty thou- sand dollars, leaving for the year's labor the handsome sum of sixteen thousand two hundred and fifty dollars. In the year 1870 there was another minfng excitement in Brooklyn Township, but, like the last, it came to naught, although it was rumored there were indications of the precious metals and coal. It is said that some parties actually paid as high as twenty thousand dollars for a piece of ground which was not worth half the money. On June 22, 1870, the consolidation of the Central Pacific of California with the Western Pacific "Railroad, under the name of the Central Pacific Railroad, with a capital stock of one hundred millions of dollars, was effected, and thus was the business of the two lines simplified. In November of this year the beet sugar mill at Alvarado com- menced operations, with a capital stock of two hundred and fifty thousand dollars, while about the same time the San Jos^ Mission Land Company was organized with a capital stock of one million two hundred j.nd fifty thousand dollars. The plan of the association was to purchase a certain tract of land, comprising about five thou- sand acres of the tract known as the San Josd Mission lands, and to improve and distribute the same among the shareholders; also to raise a fund for the purpose of constructing and endowing two colleges, one for males and the other for females, should the Order of Odd Fellows locate one at San Jos^ Mission and the other at Decoto. The intention of the company, however, was not carried out, but the Wash- ington College at Washington Corners was established. In this year S. B. Martin chartered the Archer, and, loading her with wheat, dis- patched her direct to Liverpool, a new departure, and one which did away with the exorbitant charges of middle-men; besides, it was the first venture of the kind in the county. During the winter of 1871-72 much damage was done by rain and floods in the lower end of the county, the streets of Mission San Josd being converted into rushing brooks, while a large area of land was inundated. In the year 1873 Oakland was chosen to be the future county seat by a majority of nine hundred and eighty-five votes of the people, the transactions in regard to which are all detailed elsewhere; while in this year, too, there were surveyors at work on the proposed nar- row guage road to Walnut Creek, Contra Costa County. In this year a company of Scotchmen, through James Barr Robertson, pur- chased from E. L. Beard, of Mission San Jos4 eighteen thousand acres of salt marsh between Alviso and Alvarado, with the intention of reclaiming it and putting it under cultivation, but only some four or five thousand acres were ever brought into subjec- , tion and placed under crop. Henceforward the history of Alameda County will be found especially noted in the different chapters into which we have divided our volume; but ere bidding farewell to this section of the work we would wish to remark that the cold weather of an almost rainless winter has passed, and the summer season is upon us, and all nature is aglow. The great sun pours down his ripening rays and fills the valleys with light and heat. The mountains are enriched with purple wreaths and they bathe their temples with the cool west winds. The maturing grain overtops the fences an i 128 History of Alameda County, California. waving wealth is visible on every hand. From the Sierras to the sea, from Siskiyou to San Diego, the glorious land is rejoicing in a profusion of wealth not known to Egypt or the farthest Indies. Stand back and let the grand procession of her riches pass ! Gold and grain, wine and wool, she produces in increasing plenty. Look at the quality and abundance of her hay crop; see how that speck of cotton is growing in size and whitening her valleys; see tobacco springing up over all her broad expanse. The corn-stalk is the cereal giant of her fields. The growth and variety of her orchards are without limit, and her vegetable products are justly her pride. There is abun- dance of fish in her waters; her dairy products are of superior quality, and her mount- ains teem with untold wealth of ores. " The Land of Gold " is justly her legend, for she is golden in her cereals and her commercial position, as well as in her ores. She luxuriates in vine-clad hills and dewy meadows. Her peaceful homes nestle in the foot-hills and pleasantly dot the plains; she is a Ibvely land; she is a healthy land; she is a wealthy land; she is a great land. We love this gorgeous and wondrous land of ours and ring her praise in an altered couplet, Far westward lies a land of wondrous fame, By nature blest. California is her name. We love to climb her sloping mountains, gaze upon the beauty of her voluptuous hills, and seek the sweet pastures of her smiling valleys. There is welcome expressed everywhere in her pleasant features. In whatever garb she presents herself, be it the vernal hue of .spring or the bronze of autumn, She is beautiful. The seasons and changes make no difference in our passion for her, but we now rejoice with exultant nature and celebrate her opaline beauties. The evergreen oak, the cypress and the willow, furnish at all times rich embroidery for her ample robe, be it green, yellow, or brown. The growing crops are of all colors from emerald to gold, while fields of new- mown hay stand out in light relief on the hill-sides. The shadows of the high fog- clouds chase each other over the dimpled mountains, the breath of perfume, heightened by the hay, permeates the air, and the song of the meadow lark makes day vocal. 'Tis the glorious month of June. Spring has flown and left behind her rich legacies of ripening fruits, grains and grasses. The face of the earth is changing from richest green to all the shades of the opal. The evergreen trees and shrubs are assuming a broader contrast with the earth from which they spring; the arroyos have contracted their streams or hidden their placid treasures in their bosoms, while the great rivers are swelling with the melted snows that have mantled the great Sierras; the waving hnes of heat dance perceptibly in the moist atmosphere; the birds assume higher flights and become more joyous in their warblings, for they observe the plentitude of the ripening fruits on a thousand trees and shrubs, and with delight in their little bodies they fly from mound to mound of the sweet-scented hay. The dome of Heaven has lifted higher to make room for the increased power and volume of nature as the great earth moves on its momentous errand of pursuing the setting sun, and rolling back on the parched earth the cooling vapors and air-tides of the boundless Pacific. The student is now enjoying his holidays, and the man of business seeljs immunity from his daily routine of thought and toil in sweet communion with nature. Early History and Settlement. 129 It will now be in order to climb and camp, and from mountain heights spy out the beauty and wonders of the land. To the man who has not " done " California, new and varied scenes constantly unfold themselves. There is no want of invitations from nature. He may seek the high Sierras or go look upon Yosemite's wondrous walls, falls, and valleys. He can rusticate within the foot-hills or wander among the mines. He may betake himself to the fragrant orange groves of the south, or enjoy a trip to the lakes of the north He can scale Shasta's or Diablo's heights and view the broad expanse of land and sea. Many healing and pleasure-seeking springs invite him thither. The cherry orchards, the hay ricks, and the grain fields have their attact- tions. Sweet contemplation may be secured up the mouth of a canon. Without indulging in further speculation let us cross the bosom of the broad bay and betake ourselves where fancy leads. The adventures will be sweetened and the surprises more to be remembered. With a heart uncharged with anticipation we are prepared to enjoy every feature that presents itself to our admiring gaze. The bay's broad sheen, with its pride of shipping and island domes is a picture of its kind un- surpassed in the world. Tall Tamalpais directly to the north and Diablo's rounded peak to the east attract our attention. It is the fashion now to visit the latter and gaze on the adjacent valleys, the far Sierras and the boundless ocean. Monte Diablo I What a name ! Has it dark and dismal caves, or is it the abode of demons? It will be found harmless in its inhabitants but its dimensions will gradually grow. That round lump of lifted earth is seventy-five miles in circumference at its base, around which nestle lovely valleys. We pass that beautiful City of the Bay, Oakland; and we seek the mountain's height. The drive over mountain and through valley is one of picturesque majesty. We gradually ascend the mountain by the winding road- way and the world is at your feet. To the east are the heavier-supporting Sierras; to the south the great bay and fruitful plains; to the north the boundless regions stretch- ing towards Oregon; and to the west the mighty ocean. We see the thread-like Sacramento and the tortuous San Joaquin. The bay valleys — the Alameda and Santa Clara — are filled with exhalations from the bay and ocean, and seem to sleep in a shroud of haze. That beautiful valley to the south — -'tis the rich Amador — -looks Hke a lake of light. Let us conjure up a picture. In one of the little valleys, sitting near a spring at whose grateful fountain we slake our thirst, we meet a man of venerable appearance, but by no means "a feeble or tottering frame. We soon see that English is not his native tongue. He is of the proud Castillian race, and his tale is a remarkable one. Freely he narrates his event- ful history. " No one can tell you of this land better than I. Once affluence was mine. No ■ one of the original possessors of the soil owned more leagues, could boast of hand- somer valleys or count larger herds. My father was a native of Spain. I was born in San Francisco in the year 1779, and am now a century and four years of age. The grand city over by the sea has no older son. This mountain which has become the resort of thousands, and whose name is spreading over the world, I was the first white man to tread and explore. The name of Amador was once a host in itself Here I hunted Indians with my soldiers, and brought them to the mission to learn the arts of civilization and the gospel of Salvation. This mountain was christened by me. 130 History of Alameda County, California. I will tell you the circumstance under which its name was given. I had my soldiers here in ambush watching for the Indians. One dark night a frightened sentinel came rushing to my tent, and told me he had seen an apparition and thought he was pur- sued by the devil. This was in a monte thicket. We had previously given the place no name, and the incident was suggestive. It ever since has been called Monte Diablo." " Have you no children ? " " Many — they count by the score and number three generations. My children and grandchildren and their sons and daughters are scattered all over the State, and with one of them, in a humble cabin yonder I lived for years. My progeny is num- erous, but my glory has departed. Amador was the friend of the Americans. They now possess my lands. They are wealthy and prosperous, have great names, while I pine in obscurity. The native Californian has a sad tale to tell and no one a more doleful one than myself" ,/>^i, ^^ = I m ft i^wTf^^P^ ^wTlnfll^^^i^ * '^^^tjM^i^j ^n^sgaHl^^^Jl ^^mi^^iC^^'-^^^^ Military Occupation, Bear Flag, Etc. 131 THE MILITARY OCCUPATION OF NORTHERN CALIFORNIA, AND THE RAISING OF THE BEAR FLAG. THE CAUSE — THE PROGRESS — THE CONCLUSION. WHEN the present century had but come of age, Mexico ceased to be a portion of the Spanish realm, and plunged, by itself, into the undiscovered mysteries of Statecraft. Iturbide, under the title of August I., was elected by the popular voice Constitutional Emperor, May 19, 1822, and after reigning for a brief peribd was forced to abdicate during the revolution headed by General Santa Ana in 1823. He, however, returned to the government of his Empire, artd lost both his crown and his head. About this time California had found extreme favor in the jealous eyes of three great powers, namely, France, the United States of America, and Great Britain; we have elsewhere shown what the Russians did on the coast, and how they actually gained a foothold at Bodega and Fort Ross, in Sonoma County. In the year 181 8, Governor Sola received a communication from Friar Marquinez, of Guadalaxara, in Old Spain, wherein he informs His Excellency of the rumors of war between the United States and Spain, while, in February of the following year, Father Jose San- chez, writes to the same official that there is a report abroad of the fitting out of an American expedition in New Mexico. Both of these epistles remark that California is the coveted prize. Great Britain wanted it, it is said, for several reasons, the chief of which was, that in the possession of so extended a coast line, she would have the finest harbors in the world for her fleets. In the meantime that epidemic so chronic to Mexico, a revolution, had broken out in the year 1836, but nothing of interest occurred in respect to the portion of Cal- ifornia of which we write save the departure of a few of the settlers to join the oppos- ing faction-s. While this strife was being maintained, Juan B. Alvarado was appointed Governor of California, an office he held until December, .1842, before when the dif- ferences between the Government and the revolutionists had been arranged. In the month of September, 1842, Commodore Ap Catesby Jones, then in com- mand of the United States fleet, became possessed of two newspapers which would appear to have caused him to take immediate action. One of these, published in New Orleans, stated that California had been ceded by Mexico to Great Britain in consid- eration of the sum of seven millions of dollars; the other, a Mexican publication, caused him to believe that war had been declared between the two countries. The sudden departure of two of the British vessels strengthened him in this belief, and that they were en route for Panama to embark soldiers from the West Indies for the occupation of California. To forestall this move of " perfidious Albion," Commodore Jones left Callao, Peru, on September 7, 1842, and crowded all sail, ostensibly for the port of Monterey, but when two days out, his squadron hove to, a council of the 132 History of Alameda County, California. captains of the flagships Cyane and Dale was held, when the decision was come to that possession should be taken of California at all hazards, and afterwards abide by the consequences whatever they might be. Writing from Panama under date Septem- ber 23, 1842, an officer of the last-named vessel tells the story of these movements in the following words : " We sailed from Callao on the 7th of September in company with the United States -axvA Cyane sloop, but on the tenth day out, the 17th, separated, and bore up for this port. Just previous to our departure, two British ships-of-war, the razee Dublin, fifty guns, and the sloop-of-war Champion, eighteen guns, sailed thence on secret service. This mysterious movement of Admiral Thomas elicited a hundred comments and conjectures as to his destination, the most probable of which seemed to be that he was bound for the northwest coast of Mexico, where it is sur- mised that a British settlement (station) is to be located in accordance with a secret convention between the Mexican and English Governments, and it is among the on dits in the squadron that the frigate United States, Cyane, and Dale are to rendezvous as soon as possible at Monterey, to keep an eye on John Bull's movements in that quarter." These rumors were all strengthened by the fact that eight hundred troops had been embarked at Mazatlan in February, 1842, by General Mjcheltorena, to assist the English, it was apprehended, to carry out the secret treaty whereby California was to be handed over to Great Britain. Of these troops, who were mostly convicts, Mich- eltorena lost a large percentage by desertion, and after much delay and vexation, marched out of Mazatlan on July 25, 1842, with but four hundred and fifty of the original number. He arrived at San Diego August 25, 1842. When between Los Angeles and Santa Barbara on his northward march, with his army reduced to but three hundred from still further desertions, at eleven o'clock on the night of the 24th of October, he received the astounding intelligence that Commodore Jones had entered the port of Monterey, the capital of the Territory, with the frigate United States and corvette Cyane, had landed an armed force, had hauled down the Mexican national ensign, had hoisted that of the United States in its place, and had issued a proclamation declaring California to be thenceforth belonging to the United States of America. These last-mentioned startling occurrences took place, October 19, 1842; on the 28th, having reflected on this latest achievement, the Commodore became con- vinced of the perpetration of an error in judgment, therefore lowered the ''stars and stripes", replaced it with the flag of Mexico, and after saluting it on the day following weighed anchor for Mazatlan, whence he reported his actions to Washington. On hearing of the capture of Monterey, "the Mexican General withdrew to the mission of San Fernando, where he remained for some time, but finally, on the hori- zon being cleared, transferred himself and his staff to Los Angeles, and in that city entertained Commodore Jones on January 19, 1843. Upon the receipt of the intelligence of the rather energetic proceeding of Jones, at Washington, his recall was demanded by the Meijfican Envoy there, which wq.s complied with, and Captain Alexander J. Dallas instructed to proceed to relieve hjm of the command on the Pacific Coast. This officer at once took his departure by vvay of Panama to Callao to assume his new functions, anc} on arrival took the Erie ^p old store ship, and proceeded in search of the Cornmodore, who had, iri the meayi- Military Occupation, Bear Flag, Etc. 133 time, received intelligence of the turn affairs had taken, kept steering from port to port, and finally touching at Valparaiso, sailed for home around the Horn. The reign of Captain Dallas was short; he died on board the frigate Savannah, at Callao, June 3, 1844, and was succeeded by Commodore John Drake Sloat. The adjustment of the revolution of 1836 left misunderstandings rife between the two highest functionaries in the Department of California; the civil and military authority could not agree, each therefore complained of the other to the Central Gov- ernment, who secretly dispatched Micheltorena to assume the two-fold power of Civil and Military Governor in place of Governor Alvarado and General Vallejo, and not, as it was thought, to perfect a scheme whereby California was to be handed over to the fostering care of a monarchy. On seeing the turn which affairs had taken against them, Alvarado and Vallejo agreed to lay aside their bickerings and make common cause against Micheltorena, who they designated an usurper, and aided by General Castro, drive him from the soil they deemed he tainted. This triumvirate declared California independent, and declared war against the representative of Mex- ico. General Micheltorena, having seen the gage of battle thrown in his teeth, took the field to bring to speedy end the insurrection ; he advanced to within twelve miles of the Pueblo de San Jos^ but discovering that district to be up in arms, he beat a retreat, and halted not until he reached San Juan Bautista, where he was attacked and routed in spite of a stubborn defense, in November, 1844. From this blow, he never rallied, and at last, in Fe'bruary, 1845, he paid eleven thousand dollars for a passage on board the bark Don Quixote, to be taken to San Bias, a seaport town on the west- ern coast of the province of Guadalaxara in Mexico. He joined this craft at San Pedro with about a hundred of his officers and men, and then proceeding to Mon- terey, where touching, the General's lady with several others, were taken on board, and sail was set for a more propitious shore. Strife having terminated, Pio Pico was voted to the Gubernatorial Chair, and Jos^ Castro appointed General. In the month of March, 1845, Brevet-Captain John Charles Fremont departed from Washington for the purpose of organizing a third expedition for the topograph- ical survey of Oregon and California, which, having effected, he left Bent's Fort on or about April i6th, his command consisting of sixty-two men, among them being Kit Carson and six Delaware Indians. Passing through the Sierra Nevada in December, they arrived at Sutter's Fort on the loth of that month, which, after a stay of only two days, they left, for Fremont was in search of a missing party of his explor- ers. It is not possible here to follow him in his long wanderings over mountain and through valley on his humane undertaking, but not being able to discover the where- abouts of Talbot and Walker, and having lost most of his horses, or consumed the greater number of his cattle, forty head of which he had procured from Sutter, he determined to retrace his steps to the hospitable dwelling of that pioneer which Jie reached, January 15, 1846. On the 17th Fremont left Sutter's Fort in a launch for Yerba Buena, where he arrived on the 20th; the 21st saw him and Captain Hinckley sailing up the Bay of San Francisco in a whale-boat to the embarcadero at Alviso, and on the 22d they proceeded to the Pueblo of San Jose, where they received intelli- gence of the lost expedition being encamped on the San Joaquin, whither he at once dispatched two parties under Kit Carson to guide them into Santa Clara Valley. 134 History of Alameda County, California. Fremont and Hinckley then visited the New Almaden quicksilver mines, and returned to San Francisco. On the 24th Captain Fremont was once more on the move. He started from Verba Buena and that evening halted at the rancho of Francisco Sanchez; the following evening he passed on the hill-sjde near the laguna, between Sunol and Pleasanton; the next night at the home of Don Josd Joaquin Gomez, on the Canada of San Juan, and on the morning of January 27, 1846, reached Monterey. In com- pany with Thomas O. Larkin, United States Consul, he now paid a visit to General Castro, and stated the cause of his journey — he was in need of provisions, and requested that his party might pass unmolested through the country. The request was granted verbally; however, when asked for the necessary passport in writing the General excused himself on the plea of indisposition, but hinted that no further assur- ance was needed than " his word." A call was also made upon the Prefect of the district, Don Manuel Castro, the same statement made, and he too declared every- thing to be " all right." Fremont then received funds and provisions from the Consul and made all haste to San Josd, where he was joined by his band, safely led from the San Joaquin by Kit Carson, but not finding there such stores as were needed by him, he determined to retrace his steps to Monterey, and, after some fifteen or twenty days, camped in the Santa Clara Valley, on the ranch of Captain William Fisher, known as the Laguna Seca. While here a Mexican made his appearance and laid claim to certain of Fremont's horses on the bold plea that they had been stolen; now observe how from a little great things spring! On February 20th the Captain received a summons to appear before the Alcade of San ]os6 to answer to a charge of horse-stealing, an action which brought forth, the next day, the following characteristic communication, which the reader will, no doubt, find interesting. Camp near Road to Santa Cruz, February 21, 1846. Sir : I received your communication of the 20th informing me that a complaint had been lodged against me in your office for refusing to deliver up certain animals of my band, which are claimed as having been stolen from this vicinity about two months since, and that the plaintiff further complains of having been insulted in my camp. It can be proven on oath by thirty men here present that the animals pointed out by the plaintiff have been brought in my band from the United States of North Americj. The insult of which he complains, and which was authorized by myself, consisted in his being driven or ordered to immediately leave the camp. After having been detected in endeavoring to obtain animals under false pretenses, he should have been well satisfied to escape without a severe horse-whipping. There are four animals in my band which were bartered from the Tulare Indians by a division of my party which descended the San Joaquin Valley. I was not then present, and if any more legal owners present themselves, these shall be immediately given or delivered upon proving property. It may save you trouble to inform you that, with this exception, all the animals in my band have been purchased and paid fOr. You will readily understand that my duties will not permit me to appear before the magistrates in your towns on the complaint of every straggling vagabond who may chance to visit my camp. You inform me that unless satisfaction be immediately made by the delivery of the animals Military Occupation, Bear Flag, Etc. 135 in question, the complaint will be forwarded to the Governor. I beg you will at the same time inclose to his Excellency a copy of this note. " I am, very respectfully, your obedient servant, "J. C. Fremont, U. S. Army. "To Sr. Don Dolores Pacheco, Alcalde of San Josd" Hence, the intrepid Pathfinder moved, by easy marches, in the direction of the Santa Cruz Mountains, which he crossed about ten miles from San Jos^ at the gap where the Los Gatos Creek enters the plain; he then made his way towards the coast, and on the ist of March encamped on the rancho of Edward Petty Hartnell. While here he received, late in the afternoon of the 5th, at the hands of a Mexican officer, attended by an armed escort, a dispatch from Don Manuel Castro, Prefect of the district, charging him (Fremont) with having entered the towns and villages under his (the Prefect's) jurisdiction, in "contempt of the laws of the Mexican Government, and ordering him out of the country, else compulsory measures would be taken to compel him to do so. On the receipt of this communication Fremont did not display much hesitancy in arriving at a conclusion. That evening he struck his camp, and ascend- ing " Hawks Peak," a rough looking mountain in the Salinas Range, about thirty miles from Monterey, and two thousand feet above the sea level, commenced the construc- tion of a rude fort, protected by felled trees, and stripping one standing near by of its branches nailed the "Star Spangled Banner" to its highest point — full forty feet above their heads— and the morning of the 6th found him awaiting further developments. Let us now take a glance at the movements of Castro. On the day that Fremont had fairly established himself on Hawks Peak the General communicated the accom- panying letter to the Minister of Marine in Mexico: "In my communication of the 5th ultimo, I announced to you the arriva,l of a captain, at the head of fifty men, who came, as he said, by order of the Government of the United States, to survey the limits of Oregon. This person presented himself at my headquarters some days ago, accompanied by two individuals (Thos. O. Larkin, Consul, and Capt. William A. Leidesdorff, Vice-Consul), with the object of asking permission to procure provisions for his men that he had left in the mountains, which was given him, but two days ago, March 4th, I was much surprised at being informed that this person was only two days' journey from this place (Monterey). In consequence, I immediately sent him a coriimunication, ordering him, on the instant of its receipt, to put himself on the march and leave the department, but I have not received an answer, and in order to make him obey, in case of resistance, I sent out a force to observe their operations, and to-day, the 6th, I march in person to join it and to see that the object is attained. The hurry with which I undertake my march does not permit me to be more diffuse, and I beg that you will inform his Excellency, the President, assuring him that not only shall the national integrity of this party be defended with the enthusiasm ofgood Mexicans, but those who attempt to violate it will find an impregnable barrier in the valor and patriotism of every one of the Californians. Receive the assurance of my respect, etc. God and Liberty." We left Captain Fremont in his hastily constructed fort, every avenue to which was commanded by the trusty rifles of his men, calmly awaiting the speedy vengeance 136 History of Alameda County, California. promised in the communication of the Prefect. To carry it out Don Jos^ had sum- moned a force of two hundred men to the field, strengthened by one or two cannon of small calibre, but nothing beyond a demonstration was attained. In the language of the late General Revere (then Lieutenant), " Don Jos^ was rather in the humor of that renowned King of France, who, with twenty thousand men, marched up the hill, and then marched down again." Castro's next move was the concocting of an epistle to Fremont, desiring a cessation of hostilities, and making the proposition that they should join forces, declare the country independent, and with their allied armies march against Governor Pio Pico, at that time at Los Angeles. To John Gilroy, an old Scotch settler, was entrusted the delivery of this exquisite piece of treachery. He reached Hawks Peak on the night of the loth, but found the fort untenanted. Fremont had wearied, after three days' waiting for General Castro's attack, which, not being made, he struck his camp, threw away all useless articles that might impede a forced march, and the morning of the nth found him in the valley of the San Joaquin. Gilroy, on his return related his tale of the camp-fires still alight, the discarded pack-saddles and no Fremont, a circumstance which so elated the courageous Castro that he at once resolved on attacking the fort, which he was the first to enter. After performing prodigies of valor and sacking the inclosure, he sat down on one of Fremont's left-off pack-saddles, and penned a dispatch to Monterey descriptive of the glorious victory he had gained, while his return need not be looked 'for until his promise of driving Fremont from the department, long ago given, should be fulfilled. And so matters for a time rested. The American settlers began to feel far from safe, and should the necessity for defense arise, no time should be lost in preparing for the emergency; their action was the cause of the raising of the Bear Flag. About June i, 1846, General Castro, with Lieutenant Francisco de Arci, his Sec- retary, left the Santa Clara Mission, where they had ensconced themselves after fol- lowing in Fremont's wake through that district, and, passing through Yerba Buena, crossed the bay to the Mission of San Rafael, and there collected a number of horses, which he directed Arci to take to Sonoma, with as many more as he could capture on the way, and from there proceed with all haste back to the Santa Clara Mission by way of Knight's Landing and Sutter's Fort. These animals were intended to be used by Castro against Fremont and Governor Pico, both of whom had questioned and defied his authority. On June 5th, Castro transferred his base of operations from Santa Clara to Monterey, but while en route back to Santa Clara on the 12th, he received the intelligence by special courier that his aide had been surprised and taken prisoner on the loth by a party of adventurers who had also seized a large number of the horses that he had in charge. Here was a dilemma ! Castro's cali- graphic education had been woefully neglected — it is said he could only paint his signature — and being without his amanuensis, he retraced his steps to Monterey, and there compounded a letter, with the assistance of Don Juan B. Alvarado, to the Pre- fect, Manuel Castro, saying that the time had come when their differences should be laid aside, and conjoint action takein for the defense and protection of their common country, at the same time requesting that he should collect as large a number of men and horses as he could and despatch them to Santa Clara, whither he then returned. When Lieutenant Arci left Sonoma with the caballada of horses and mares, Military Occupation, Bear Flag, Etc. 137 crossing the dividing ridge, he passed up the Sacramento Valley to Knight's Land- ing on the left bank of the Sacramento River, about fifteen miles from the present Sacramento City [this ferry was kept by William Knight, who left Missouri, May 6, 1841, and arrived in California on the loth of November of the same year. Receiving a grant of land, he settled at the point known as Knight's Land- ing, Yolo County, of to-day, and died at the mines on the Stanislaus River in Novem- ber, 1849], on reaching which he met Mrs. Knight, to whom, on account of her being born of the country, and therefore thought to be trustworthy, he confided the secret of the expedition. To contain such a secret was too much for any ordinary femi- nine bosom; she imparted the news to her husband, who, in assisting the officer to cross his horses, gave him fair words so as to lull suspicion, and then, bestriding his fleetest horse, made direct for Captain Fremont's camp, at the confluence of the Feather and Yuba Rivers, where he arrived early in the morning of June 9th. Here Knight, who found some twenty settlers, that had arrived earlier than he, discussing matters, communicated to Fremont and those assembled the fact that Lieutenant Arci had, the evening before, the 8th of June, crossed at his landing, bound to Santa Clara, via the Cosumnes River; that Arci had told Mrs. Knight, in confidence, that the animals he had in charge were to be used by Castro in expelling the American settlers from the country, and that it was also the intention to fortify Bear River Pass above the ranch of William Johnson, thereby putting a stop to immigration, a menace of Castro's which was strengthened by the return to Sutter's Fort, on June 7th, of a force that had gone out to chastise the Mokelumne Indians, who had threatened to burn the settlers' crops, being incited thereto, presumably, by Castro. Fremont, while encamped at the Buttes, near the Yuba and Feather Rivers, was visited by nearly all the settlers, and gleaned vast stores of fresh informa- tion hitherto unknown to him. From them he learned that the greater proportion of foreigners in the country had become Mexican citizens, and had married native Cali- fornian ladies, for the sake of procuring land, and through them had become pos- sessed of deep secrets supposed to be known only to the prominent people. Another was that a convention had been held at the San Juan Mission to decide which of the two nations, America or Great Britain, should guarantee protection to California for certain privileges and considerations. In this regard. Lieutenant Revere says: " I have been favored by an intelligent member of the Junta with the following authentic report of the substance of Pico's address to that illustrious body: — "Excellent Sirs: To what a deplorable condition is our country reduced! Mexico, professing to be our mother and our protectress, has given us neither arms nor money, nor the material of war for defense. She is not likely to do any- thing in our behalf, although she is quite willing to afflict us with her extortion- ate minions, who come hither in the guise of soldiers and civil officers, to harass and oppress our people. We possess a glorious country, capable of attaining a phys- ical and moral greatness corresponding with the grandeur and beauty which an Almighty hand has stamped on the face of our beloved California. But although nature has been prodigal, it cannot be' denied that we are not in a position to avail ourselves of her bounty. Our population is not large, and is sparsely scattered over valley and mountain, covering an immense area of virgin soil, destitute of roads, and 10 138 History of Alameda County, California. traversed with difficulty; hence it is hardly possible to collect an army of any considera- ble force. Our people are poor, as well as few, and cannot well govern themselves and maintain a decent show of sovereign power. Although we live in the midst of plenty, we lay up nothing, but tilling the earth in an imperfect manner, all our time is required to provide subsistence for ourselves and our families. Thus circumstanced, we find ourselves suddenly threatened by hordes of Yankee immigrants, who have already begun to flock to our country, and whose progress we cannot arrest. Already have the wagons of that perfidious people scaled the almost inaccessible summits of the Sierra Nevada, crossed the entire continent and penetrated the fruitful valley of the Sacramento. What that astonishing people will next undertake I cannot say, but in whatever enterprise they embark they will be sure to prove successful. Already have these adventurous land-voyagers spread themselves far and wide over a country which seems suited to their tastes. They are cultivating farms, establishing vine- yards, erecting mills, sawing lumber, building workshop.s, and doing a thousand other things which seem natural to them, but which Californians neglect or despise. What, then, are we to do ? Shall we remain supine while these daring strangers are over- running our fertile plains and gradually outnumbering and displacing us? Shall these mercenaries go on unchecked, until we shall become strangers in our own land ? We cannot successfully oppose them by our own unaided power, and the swelling tide of immigration renders the odds against us more formidable every day. We cannot stand alone against them, nor can we creditably maintain our indepen- dence even against Mexico; but there is something we can do which will elevate our country, strengthen her at all points, and yet enable us to preserve our identity and remain masters of our own soil. Perhaps what I am about to suggest may seem to some faint-hearted and dishonorable. But to me it does not seem so. It is the last hope of a feeble people, struggling against a tyrannical government which claims their submission at home, and threatened by bands of avaricious strangers from without, voluntarily to connect thefnselves with a power able and willing to defend and. preserve them. It is the right and the duty of the weak to demand support from the strong, provided the demand be made upon terms just to both parties. I see no dishonor in this last refuge of the oppressed and powerless, and I boldly avow that such is the step that I would have California take. There are two great powers in Europe which are destined to divide between them the unappropriated countries of the world. They have large fleets and armies not unpractised in the art of war. Is it not better to connect ourselves with one of those powerful nations than to struggle on without hope, as we are now doing ? Is it not better that one of them should be invited to send a fleet and an army to defend and protect California, rather than we should fall an easy prey to the lawless adventurers who are over- running our beautiful country ? I pronounce for annexation to France or England, and the people of California will never regret having taken my advice. They will no longer be subjected to the trouble and grievous exposure of governing themselves; and their beef and their grain, which they produce in such abundance, would find a ready market among the new-comers. But I hear some one say; 'No monarchy!' But is not monarchy better than anarchy ? Is not existence in some shape better than annihilation ? No monarchy ! aiod what is there so terrible in a monarchy ? Military Occupation, Bear Flag, Etc. 139 Have we not all lived under a monarchy far more despotic than that of France or England, and were not our people happy under it? Have not all the leading men among our agriculturists been bred beneath the royal rule of Spain, and have they been happier since the mock republic of Mexico has supplied its place ? Nay, does not every man abhor the miserable abortion christened the Republic of Mexico, and look back with regret to the golden days of the Spanish monarchy ? Let us restore that glorious era. Then may our people go quietly to their ranchos, and live there as of yore, leading a thoughtless and merry life, untroubled by politiics or cares of State, sure of what is their own, and safe from the incursions of the Yankees, who would soon be forced to retreat to their own country." It was a happy thing for California, and, as the sequel proved, for the Govern- ment of the United States, that a man was found at this juncture whose ideas were more enlightened and consonant with the times than those of the rulers of his country, both civil and military. Patriotism was half his soul; he therefore could not silently witness the land of his birth sold to any monarchy, however old; and he rightly judged that, although foreign protection might postpone, it could not avert that assumption of power, which was beginning to make itself felt. Possessed at the time of no political power and having had early advantages above the common order, still his position was so exalted, and his character so highly respected by both the foreign and native population, that he had been invited to participate in the deliberations, of the Junta. This man was Don Mariano Guadalupe Vallejo. Born in California, he commenced his career in the army as an alferes, or ensign, and in this humble grade he volunteered, at the suggestion of the Mexican Government, with a command of fifty soldiers, to establish a colony on the north side of the Bay of San Francisco, for the protection of the frontier. He effectually subdued the hostile Indians inhab- iting that then remote region, and laid the foundation of a reputation for integrity, judgment, and ability unequaled by any of his countrymen. Though yet a young man, he had already filled the highest offices in the province, and had at this time retired to private life near his estates in the vicinity of the town of Sonoma. He did not hesitate to oppose with all his strength the views advanced by Pico and Castro. He spoke nearly as follows: — " I cannot, gentlemen, coincide in opinion with the military and civil function- aries who have advocated the cession of our country to France or England. It is most true that to rely any longer upon Mexico to govern and defend us would be idle and absurd. To this extent I fully agree with my distinguished colleagues. It is also true that we possess a noble country, every way calculated from position and resources to become great and powerful. For that reason I would not have her a mere dependency upon a foreign monarchy, naturally alien, or at least indif- ferent, to our interests and our welfare. It is not to be denied that feeble nations have, in former times, thrown themselves upon the protection of their powerful neighbors. The Britons invoked the aid of the warlike Saxons, and fell an easy prey to their protectors, who seized their lands and treated them like slaves. Long before that time feeble and distracted provinces had appealed for aid to the all-conquering arms of imperial Rome, and they were at the same time protected and subjugated by their grasping ally. Even could we tolerate the idea of dependence, ought we to go 140 History of Alameda County, California. to distant Europe for a master? What possible sympathy could exist between us and a nation separated from us by two vast oceans ? But waving this insuperable objection, how could we endure to come under the dominion of a monarchy? For, although others speak highly of that form of government, as a free man I cannot do so. We are republicans — badly governed and badly situated as we are — still we are all, in sentiment, republicans. So far as we are governed at all, we at least profess to be self-governed. Who, then, that possesses true patriotism will consent to subject him- self and his children to the caprices of a foreign king and his official minions ? But, it is asked, if we do not throw ourselves upon the protection of France or England, what shall we do? I do not'come here to support the existing order of things, but I come prepared to propose instant and effective action to extricate our country from her present forlorn condition. My opinion is made up that we must persevere in throwing off the galling yoke of Mexico, and proclaim our independence of her forever. We have endured her official cormorants and her villainous soldiery until we can endure it no longer. All will probably agree with me that we ought at once to rid ourselves of what may remain of Mexican domination. But some profess to doubt our ability to maintain our position. To my mind there comes no doubt. Look at Texas and see how long she withstood the power of united Mexico. The resources of Texas were not to be compared with ours, and she was much nearer to her enemy than we are. Our position is so remote, either by land or sea, that we are in no danger from Mexican invasion. Why, then, should we hesitate still to assert our independence? We have indeed taken the first step, by electing our own Governor, but another remains to be taken. I will mention it plainly and distinctly — it is annex- ation to the United States. In contemplating this consummation of our destiny, I feel nothing but pleasure, and I ask you to share it. Discard old prejudices, disre- regard old customs, and prepare for the glorious change which awaits our country. Why should we shrink from incorporating ourselves with the happiest and freest nation in the world, destined soon to be the most wealthy and powerful ? Why should we go abroad for protection when this great nation is our adjoining neighbor? When we join our fortunes to hers, we shall not become subjects, but fellow-citizens, possessing all the rights of the people of the United States, and choosing our own federal and local rulers. We shall have a stable Government and just laws. California will grow strong and flourish, and her people will be prosperous, happy, and free. Look not, therefore, with jealousy upon the hardy pioneers who scale our mountains and cultivate our unoccupied plains, but rather welcome them as brothers who come to share with us a common destiny." Such was the substance of General Vallejo's observations; those who listened to him, however, were far behind in general knowledge and intelligence. His arguments failed to carry conviction to the greater number of his auditors, but the bold position taken by him was the course of an immediate adjournment of the Junta, no result having been arrived at concerning the weighty affairs on which they had met to deliberate. On his retirement from the Junta he embodied the views he had expressed in a letter to Don Pio Pico, and reiterated his refusal to participate in any action having for its end the adoption of any protection other than that of the United States. In this communication he also declared that he would never serve MiLiTATY Occupation, Bear Flag, Etc. 141 under any Government which was prepared to surrender Cahfornia to an European power; he then retired to his estate, there to await the issue of events. We left William Knight at Fremont's camp, at the junction of the Yuba and Feather Rivers, where he had arrived on the morning of June 9, 1846, imparting his information regarding Lieutenant de Arci, his movements, and the intentions of Gen- eral Castro. At 10 a. m. of that day a party of eleven men, under the oldest settler, Ezekiel Merritt, started in pursuit of the Lieutenant and his horses. On arrival at Hock Farm they were joined by two more men, and, thereafter, having crossed the American River at " Sinclair's," reached Allen Montgomery's ranch, sixty miles from Fremont's camp at the Buttes, towards evening, and there supped. At this point they received the intelligence that Arci had reached Sutter's Fort on the 8th, and had that morning resumed his march, intending to camp that night at the ranch of Martin Murphy, twenty miles south on the Cosumnes River. Supper finished, and a short rest indulged in, the party were ones more In the saddle, being strengthened by recruiting Montgomery and another, making their total force fifteen in number. Pro- ceeding to within about five miles of Murphy's, they there lay concealed until day- light, when they were again on the move and halted within half a mile of the Lieuten- ant's camp. Unperceived, they now cautiously advanced to within a short distance of the Mexican officer and his party, when, suddenly charging, they, as well as the horses, were secured. Lieutenant Arci was permitted to retain his sword; each of his party was given a horse to carry him to Santa Clara; and a person traveling under his escort was permitted to retain six of the horses, as he claimed them as private prop- erty. The Americans at once returned to Montgomery's ranch with the captured animals in their possession, and there breakfasted; that night, the loth, they camped twenty-seven miles above Sutter's, on the rancho of Nicholas Allgier, a German, not far from the mouth of Bear River, and, in the morning, ascertaining that Fremont had moved his camp hither from the Buttes, they joined him on the i ith at 10 A. M., having covered a distance of one hundred and fifty miles in forty-eight hours. These are the details attending the capture of Arci, and reported to Castro on June 1 2, 1 846, when on his way from Monterey to Santa Clara. On arriving at Fremont's camp it was found that the garrison had been consid- erably augmented by the arrival of more settlers, who were all ardently discussing the events of the last two days and their probable results. After a full hearing it was determined by them that, having gone so far, their only chance of safety was in a rapid march to the town of Sonoma, to effect its capture, and to accomplish this before the news of the stoppage of Lieutenant Arci and his horses could have time to reach that garrison. It was felt that should this design prove successful all further obstacles to the eventual capture of the country would have vanished. The daring band then reorganized, still retaining in his position of Captain, Ezekiel Merritt. At 3 P. M., June 12th, under their leader, they left Fremont's camp for Sonoma, one hundred and twenty miles distant,- and, traveling all night,' on their way called at the ranch of William Gordon, about ten miles from the site of the pres- ent town of Woodland, in Yolo County, whom they desired to inform all Americans that could be trusted, of their intentions. At 9 A. M. on the 1 3th they reached Captain John Grigsby's, at the head of Napa Valley, and were there joined by William L. 142 History of Alameda County, California. Todd, William Scott, and others. Here the band, which now mustered thirty-three men, was reorganized and addressed by Doctor. Robert Semple, of Benicia. Not desiring, however, to reach Sonoma till daylight, they halted here until midnight, when they once more resumed their march, and before it was yet the dawn of June 14, 1846, surprised and captured the garrison of Sonoma, consisting of six soldiers, nine pieces of artillery, and some small arms, etc., "all private property being religiously respected; and in generations yet to come their children's children may look back with pride and pleasure upon the commencement of a revolution which was carried on by their fathers' fathers upon principles as high and holy as the laws of eternal justice." Their distinguished prisoners were General Don Mariano Guadalupe Vallejo, Lieutenant-Colonel Don Victor Prudon, Captain Don Salvador Vallejo, brother to the General, and Mr. Jacob Primer Leese, brother-in-law to the General. Let us now lay before the reader the account of this episode in Cahfornia's his- tory as described by the veteran General himself, at the Centennial exercises held at Santa Rosa, Sonoma County, July 4, 1876: — " I have now to say something of the epoch which inaugurated a new era for this country. A little before dawn on June 14, 1846, a party of hunters and trappers, with some foreign settlers, under command of Captain Merritt, Doctor Semple, and William B. Ide, surrounded my residence at Sonoma, and without iiring a shot, made prisoners of myself, then Commander of the northern frontier; of Lieutenant-Colonel Victor Prudon, Captain Salvador Vallejo and Jacob P. Leese. I should here state that down to October, 1845, I had maintained at my own expense a respectable garrison at Sonoma, which often, in union with the settlers, did good service in campaigns against the Indians; but at last, tired of spending money which the Mexican Government never refunded, I disbanded the force, and most of the soldiers who had constituted it left Sonoma. Thus in June, 1846, the Plaza was entirely unprotected, although there were ten pieces of artillery, with other arms and munitions of war. The parties who unfurled the Bear Flag were well aware that Sonoma was without defense, and lost no time in taking advantage of this fact, and carrying out their plans. Years before, I had urgently represented to the Government of Mexico the necessity of stationing a sufficient force on the frontier, else Sonoma would be lost, which would be equivalent to leaving the rest of the country an easy prey to the invader. What think you, my friend.^, were the instructions sent me in reply to my repeated demands for means to fortify the country ? These instructions were that I should at once force the immigrants to recross the Sierra Nevada, and depart from the territory of the Republic. To say nothing of the inhumanity of these orders, their execution was physically impossible — first, because the immigrants came in autumn, when snow covered the Sierra so quickly as to make a return impracticable. Under the circum- stances, not only I, but Commandante General Castro, resolved to provide the immi- grants with letters of security, that they might remain temporarily in the country. We always made a show of authority, but well convinced all the time that we had no power to resist the invasion which was coming upon us. With the frankness of a soldier I can assure you that the American immigrants never had .cause to complain of the treatment they received at the hands of either authorities or citizens. They Military Occupation, Bear Flag, Etc. 143 carried us as prisoners to Sacramento, and kept us in a calaboose for sixty days or more, until the authority of the United States made itself respected, and the honor- able and humane Commodore Stockton returned us to our hearths." Upon the seizure of their prisoners the revolutionists at once took steps to appoint a Captain, who was found in the person of John Grigsby, for Ezekiel Merritt wished not to retain the permanent command; a meeting was then convened at the barracks, situated at the northeast corner of the Plaza, under the presidency of William B. Ide; Doctor Robert Semple bein'g Secretary. At this conference Semple urged the independence of the country, stating that having once commenced they must proceed, for to turn back was certain death. The convention had not been dissolved, however, when it was rumored that secret emissaries were being dispatched to the native rancheros to make them acquainted with recent events; such being the case it was deemed politic to transfer the prisoners to safe-keeping in Sutter's Fort. Prior to this being done, however, the captors and captives entered into a treaty or covenant, the English and Spanish of which we here append: — " We, the undersigned, having resolved to establish a government upon Repub- lican principles, in connection with others of our fellow-citizens, and having taken up arms to support it, we have taken three Mexican officers as prisoners. General M. G. Vallejo, Lieutenant-Colonel Victor Prudon, and Captain D. Salvador Vallejp; having formed and published to the world no regular plan of government, feel it our duty to say that it is not our intention to take or injure any person who is not found in opposition to the cause, nor will we take or destroy the property of private individuals- further than is necessary for our immediate support. Ezekiel Merritt. R. Semple. William Fallon. Samuel Kelsey. " Conste pr. la preste. qe. habiendo sido sorprendido pr. unanumeros a fuerza armada qe. me tomo prisionero y a los gefes y officiales qe. estaban de guarnicion en esta plaza de la qe. se apoder6 la espresada fuerza, habiendola encontrado absolutamte: indefensa, tanto yo. como los S. S. officiales qe. suscribero cpmprometemos nuestra palabra de honor de qe. estandobajo las garantias de prisionero de guerra, no tomar- emos las armas ni a favor ni contra repitida fuerza armada de quien hemos recibiro la intimacion del monto. y un escrito firmado qe. garantiza nuestras vidas, familias d^ intereses, y los de todo el vicindario de esta jurisdn. mientras no hagamos oposicion. Sonoma, Junio 14 de 184.6. M. G. Vallejo. VcR. Prudon. Salvador Vallejo." But to our tale! A guard consisting of William B. Ide, as Captain, Captain Grigsby, Captain Merritt, Kit Carson, William Hargrave, and five others, being, happily for their comfort, supplied with horses by General Vallejo, took up the line of march for Sutter's Fort, but not being used to " wars alarums," they, with peculiar inconsistency, on their first night's encampment placed neither sentry nor vidette and courted Morpheus in serene confidence. Indeed so sound was the sleep of all, that 144 History of Alameda County, California. Jaun de Padilla and his party completely surrounded them during that night, and their chief absolutely held verbal communication with General Vallejo while his cap- tors slept. Padilla's mission was to inform his compatriots that he had then with him force strong enough to surprise and slay the Americanos before there was time for them to fly to arms, but that he did not wish to put the scheme into execution without the instructions and consent of the General, whose rank entitled him to the first place in such a demonstration. With a self-sacrifice that cannot be too highly commended, Vallejo refused his consent to the perpetration of so diabolical a plan, but stated that he would accompany his custodians, _ believing in their honor; that he would be detained but a short time, and finally advised Padilla and his followers to return to their homes and disperse, else their action would lead to disastrous consequences to all, without the attainment of any good. Of this episode Lieutenant Revere says: " This was not told to me by Vallejo, but by a person who was present, and it tallies well with the account given by the revolutionists themselves, several of whom informed me that no guard was kept by them that night, and that the prisoners might have easily escaped had they felt so inclined. The same person also told me that when Vallejo was called out of bed and made a prisoner in his own house, he requested to be informed as to the plans and objects of the revolutionists, signifying his readiness to collect and take command of a force of his countrymen in the cause of inde- pendence.'' Pushing on ahead of the main party, on the morning of the i6th June, Captain Merritt and Kit Carson carried the news of the taking of Sonoma and the capture of •the General and his officers. In the evening of that day they were handed over to the safe-keeping of Captain Sutter who with soldierly courtesy received them. On the seizure of the citadel of Sonoma, the national ensign of Mexico- was found floating from the flagstaff-head by the Independents, as they sometimes called them- selves; it had escaped their notice during the excitement of the morning. It was at once lowered, and then arose a discussion as to the manner of banner they should claim as their own. There were no two questions as to the necessity of their being a star in the ground-work, but finding that the " lone star " had been claimed by Texas, their ingenuity was taxed to the utmost, with what result we shall show below, to devise an appropriate flag; first, however, let us follow the diversity of opinions which obtain as to the date on which Sonoma was captured by the Independents. Mr. Thomas C. Lancey, whose communications to The Pioneer, a newspaper published in San Josd, have been read with much avidity, and is an authority on " early times," remarks: "There have been so many questions raised during this year (1878) in relation to the date of the hoisting of the 'Bear Flag,' who made it and what material it was manufactured from, as well as the date of the capture of Sonoma, and the number of men who marched that morning, that I shall give the statements of several who are entitled to a hearing, as they were actors in that drama. " The writer of this (Mr. Lancey) was here in 1 846, and served during the war, and has never left the country since, but was not one of the ' Bear Flag party,' but claims, from his acquaintance with those who were, to be able to form a proper opin- ion as to the correctness of these dates. Dr. Robert Semple, who was one of that party from the first, says, in his diary, that they entered Sonoma at early dawn on the ^Whcdc/^ Military Occupation, Bear Flag, Etc. 145 14th of June, 1846, thirty-three men, rank and file. William B Ide, who was chosen their commander, says in his diary the same. Captain Henry L. Ford, another of this number, says, or rather his historian, S. H. W., of Santa Cruz, who I take to be the Rev. S. H. Willey, makes him say they captured Sonoma on the 12th of June with thirty-three men. Lieutenant William Baldridge, one of the party, makes the date the 14th of June, and number of men twenty-three. Lieutenant Joseph Warren Revere, of the United States ship Portsmouth, who hauled down the ' Bear Flag,' and hoisted the American flag on the 9th of July, and at a later date commanded the garrison, says the place was captured on the 14th of June." To these must be added the documentary proof produced above, fixing the date of the capture of General Vallejo and therefore the taking of Sonoma as June 14, 1846. Of the manufacture of the ensign, the same writer says : " A piece of cotton was obtained, and a man by the name of Todd proceeded to paint from a pot of red paint a star in the corner. Before he was finished, Henry L. Ford, one of the party, proposes to paint on the center, facing the star, a grizzly bear. This was unanimously agreed to, and the grizzly bear was painted accordingly. When it was done, the flag was taken to the flagstaff and hoisted amid the hurrahs of the little party, who swore to defend it with their lives." Lieutenant Revere says of it : "A flag was also hoisted, bearing a grizzly bear rampant, with one stripe below and the words ' Republic of California' above the bear, and a single star in the Union." This gentleman was he who hauled down the flag, July 9, 1846. The Western Shore Gazetteer has the following version: "On the 14th of June, 1846, the little handful of men proclaimed California a free and independent republic, and on that day hoisted their flag, known as the ' Bear Flag;' this consisted of a strip of worn-out cotton domestic, furnished by Mrs. Kelly, bordered with red flannel, fur- nished by Mrs. John Sears, who had fled from some distant part of Sonoma for safety, upon hearing that war had been thus commenced. In the center of the flag was a repre- sentation of a bear, en passant, painted with Venetian red, and in one corner was painted a star of the same color. Under the bear were inscribed the words ' Republic of California,' put on with common writing ink. This flag is preserved by the Cali- fornia Pioneer Association, and may be seen at their rooms in San Francisco. It was designed and executed by W. L. Todd." Under the caption, " A True History of the Bear Flag,'' the Sonoma Democrat tells this story: " The rest of the revolutionary party remained in the town. Among them were three young men, Todd, Benjamin Duell, and Thomas Cowie. A few days after the capture, in a casual conversation between these young men, the matter of a flag came up. They had no authority to raise the American flag, and they deter- mined to make one. Their general idea was to imitate, without following too closely, their national ensign. Mrs. W. B. Elliott had been brought to the town of Sonoma by her husband from his ranch on Mark West Creek, for safety. The old Elliott cabin may be seen to this day on Mark West Creek, about a mile above the Spirings. From Mrs. Elliott, Ben. Duell got a piece of new red flannel, some white domestic, needles and thread. A piece of blue drilling was obtained elsewhere. From this material, without consultation with any one else, these 146 History of Alameda County, California. three young men made the Bear Flag. Cowie had been a saddler. Duell had also served a short time at the same trade. To form the flag, Duell and Cowie sewed together alternate strips of red, white, and blue. Todd drew in the upper corner a star, and painted on the lower a rude picture of a grizzly bear, which was not stand- ing, as has been sometimes represented, but was drawn with head down. The bear was afterwards adopted as the design of the Great Seal of the State of California. On the original flag it was so rudely executed that two of those who saw it raised have told us that it looked more like a hog than a bear. Be that as it may, its mean- ing was plain — that the revolutionary party would, if necessary, fight their way through at all hazards. In the language of our informant, it meant that there was no back out ; they intended to fight it out. There were no halyards on the flagstaff which stood in front of the barracks. It was again reared, and the flag, which was soon to be replaced by that of the Republic, for the first time floated on the breeze." In addition to these authorities which we have quoted, none less distinguished than John S. Hittell, historiographer for the Society of California Pioneers, and H. H. Bancroft, the Pacific Coast historian, have fixed the date of raising the Bear Flag as June 1 2th and 15th respectively. The correctness of these dates was questioned by William Winter, Secretary of the Association of Territorial Pioneers of California, and Mr. Lartcey, and a correspondence was entered into with all the men known to be alive who were of that party, and others who were likely to be able to throw any light upon the subject. Among many answers received, we quote verbatim the fol- lowing portion of a letter from James G. Bleak: — "St. George, Utah, April 16, 1878. " To William Winter, Esq., Secretary of Association Territorial Pio- neers OF California — Dear Sir: Your communication of 3d instant is placed in my hands by the widow of a departed friend — James M. Ide, son of William B. — as I have at present in my charge some of his papers. In reply to your question asking for the ' correct date' of raising the Bear Flag at Sonoma, in 1 846, I will quote from the writing of William B. Ide, deceased : ' The said Bear Flag made of plain cotton cloth, and ornamented with the red flannel of a shirt from the back of one of the men, and christened by the ' California Republic,' in red paint letters on both sides, was raised upon the standard where had floated on the' breezes the Mexican Flag afore- time; it was the 14th of June, '46. Our whole number was twenty-four, all told. The mechanism of the flag was performed by William L. Todd, of Illinois. The grizzly bear was chosen as an emblem of strength and unyielding resistance." As possibly the best testimony that can be produced, we now publish the follow- ing letter from the artist himself, which he communicated to the Los, Angeles Express: — " Los Angeles, January 11, 1878. "Your letter of the 9th inst. came duly to hand, and in answer I have to say in regard to the making of the original Bear Flag of California, at Sonoma, in 1846, that when the Americans, who had taken up arms against the Spanish r^^ime had deter- mined what kind of a flag should be adopted, the following persons performed the work: Granville P. Swift, Peter Storm, Henry L. Ford, and myself; we procured, in Military Occupation, Bear Flag, Etc. 147 the house where we made our headquarters, a piece of new, unbleached cotton domestic, not quite a yard wide, with strips of red flannel about four inches wide, fur- nished by Mrs. John Sears, on the lower side of the canvas. On the upper left hand corner was a star, and in the center was the image made to represent a bear fassant, so common in this country at the time. The bear and star were painted with paint made of linseed oil and Venetian red or Spanish brown. Underneath the bear were the words ' California Republic' The other persons engaged with me got the materi- als together, while I acted as artist. The forms of the bear and star and the letters were first lined out with pen and ink by myself, and the two forms were filled in with the red paint, but the letters with ink. The flag mentioned by Mr. Hittell with the bear rampant, was made, as I always understood, at Santa Barbara, and was painted black. Allow me to say that at that time there was not a wheelwright shop in California. The flag I painted I saw in the rooms of the California Pioneers in San Francisco, in 1870, and the Secretary will show it to any person who will call on him at any time. If it is the one that I painted, it will be known by a mistake in tinting out the words ' California Republic' The letters were first lined out with a pen, and I left out the letter 'I,' and lined out the letter ' C in its place. But afterwards I lined out the letter 'I,' over the 'C, so that the last syllable of ' Republic' looks as if the two letters were blended. Yours respectfully, Wm. L. Todd." The following remarks and letter on the matter appeared in the San Francisco Evening Post of April 20, 1874: " General Sherman has just forwarded to the Society of California Pioneers, the guidon which the Bear Company bore at the time 'of the conquest of California. The relic is of white silk, with a two-inch wide red stripe at the bottom, and a bear in the center, over which is the inscription: ' Republic of Cal- ifornia.' It is accompanied by the following letter from the donor: — " Society of California Pioneers, San Francisco, California — "Gentlemen: At the suggestion of General Sherman, I beg leave to send to your society here with a guidon, formerly belonging to the Sonoma troop of the California Battalion of 1846, for preservation. This guidon I found among the effects of that troop when I hauled down the Bear Flag and substituted the flag of the United States at Sonoma, on the 9th of July, 1846, and have preserved it ever since. Very respect- fully, etc., Jos. W. Revere, Brigadier-General. " Morristown, N. /., February 20, 1^74.'' Let us now see what was being done by the little garrison in Sonoma. Almost their first duty was the election of subaltern and, non-commissioned officers, those chosen being, Henry L. Ford, First Lieutenant; Granville P. Swift, First Sergeant; Samuel Gibson, Second Sergeant. On the first regular parade of the little army they were addressed by Lieutenant Ford in the following pithy terms: " My countrymen! We have taken upon ourselves a very responsible duty. We have entered into a war with the Mexican nation. We are bound to defend each other or be shot! There's no half-way about it. To defend ourselves we must have discipline. Each of you has had a voice in choosing your officers. Now they are chosen, they must be obeyed." To all of which the company with one voice agreed. In order to throw some more 148 History of Alameda County, California. light upon the internal machinery of the organization, we will continue Mr. Ide's letter, the first portion of which has already been quoted. He remarks further: "The men were divided into two companies of ten men each. The First Artillery were busily engaged in putting the cannon in order, which were charged doubly with grape and canister. The First Rifle Company were busied in cleaning, repairing, and loading the small arms. The Commander, after setting a guard and posting a sentinel on one of the highest buildings, to watch the approach of any persons who might feel a curi- osity to inspect our operations, directed his leisure to the establishment of some system of finance whereby all the defenders' families might be brought within the lines of our garrison, and supported. Ten thousand pounds of flour were purchased on the credit of the Government and deposited in the garrison; and an account was opened, on terms agreed upon, for a supply of beef; this and a few barrels of salt constituted our main supplies. Whisky was contrabanded altogether. After the first round of duties was performed, as many as could be spared off guard were called together, and our situation fully explained to the men by the commanders. It was fully represented that our success — nay, our very life, — depended on the magnanimity and justice of our course of conduct, coupled with our sleepless vigilance and care. (But ere this we had gathered as many of the surrounding citizens as was possible, and placed them out of harm's way, between four strong walls. They were more than twice our number.) The Commander chose from these strangers the most intelligent, and by the use of an interpreter went on to explain the cause of our coming together; our determination to offer equal protection and equal justice to all good and virtuous citizens; that we had not called them there to rob them of any portion of their property, nor to disturb them in their social relations one with another; nor yet to desecrate their religion." It will thus be seen from the preceding remarks that those under the protection of the Bear Flag party were not a few and that their number was being continually augmented by fresh arrivals in Sonoma, it was therefore thought expedient to ascer- tain what protection, if any, they might expect from the authorities of the United States. To this end they lost no time in dispatching a messenger to Captain Mont- gomery, of the United States ship Portsmouth, then lying in the port of Yerba Buena, to report the action taken by them and expressing, farther, their determination never to lay down their arms until the independence of the country they had adopted had been fully established. This messenger returned on the 17th of June in company with John Stormy Missroom, First Lieutenant, and John E. Montgomery, son and clerk to Cap- tain Montgomery, who were dispatched, presumably to report on the state of affairs. The commanding officer of the ship-of-war also sent official communications to Fre- mont and Sutter on the i8th, and the day after, the 19th, Fremont arrived at Sutter's Fort with twenty-two men, and two prisoners, Jose Noriega, of San Jos^, and Vicente Peralta, of what is now Alameda County. About this time another message was sent out from the little garrison, but in an opposite direction. Ascertaining that there was an insufficient supply of gunpowder in the magazine to meet possible contingencies, Lieutenant Ford dispatched two men named Cowie and Fowler to the Sotoyome Rancho of Captain H. D. Fitch (where now the town of Healdsburg stands) to procure some ammunition; These messen- gers never returned ! Their tragic fate has been thus graphically described in the Military Occupation, Bear Flag, Etc. 149 " History of Sonoma County." Before starting they were cautioned against proceed- ing by traveled ways; good advice, which, however, they only followed for the first ten miles of their journey, after which they struck into the main thoroughfare to Santa Rosa. At about two miles from that place they were attacked and slaughtered by a party of native Californians. Two other couriers were detailed on special duty; they, too, were captured, but were better treated. Receiving no intelligence from either of the parties, foul play was suspected, therefore, on the morning of the 20th of June, Ser- geant Gibson was ordered, with four men, to proceed to the Sotoyopie Rancho, learn, if possible, of the whereabouts of the missing men, and procure the powder. They went as directed, secured the ammunition, but got no news of the missing men. As they were passing Santa Rosa, on their return, they were attacked at daylight by a few Californians, and, turning upon their assailants, captured two of them. Bias Ange- lina and Bernardino Garcia alias Three-iingered Jack, and took them to Sonoma. They told of the taking and slaying of Cowie and Fowler, and that their captors were; Ran^on Mesa Domingo, Mesa Juan Fadilla, Ramon Carrillo, Bernardino Garcia, Bias Angelina, Francisco Sibrian, Ygnacio Balensuella, Juan Peralta, Juan Soleto, Inaguan Carrillo, Mariano Miranda, Francisco Gracia, Ygnacio Stigger. The story of their death is a sad one. After Cowie and Fowler had been seized by the Californians they encamped for the night, and the following morning determined in council what should be the fate of their captives. A swarthy New Mexican, named Mesa Juan Padilla, and Three-fingered Jack, the Californian, were loudest in their denunciation of the prisoners as deserving of death, and, unhappily, their counsels prevailed. The unfortunate young men were then led out, stripped naked, bound to a tree with a lariat, while, for a time, the inhuman monsters practised knife-throwing at their unpro- tected bodies, the victims, the while, praying to be shot. They then commenced throwing stones at them, one of which broke the jaw of Fowler. The fiend. Three- fingered Jack, then advancing, thrust the end of his riata (a raw-hide rope) through the mouth, cut an incision in the throat, and then made a tie, by which the jaw was dragged out. They next proceeded to kill them slowly with their knives. Cowie, who had fainted, had the flesh stripped from his arms and shoulders, and pieces of flesh were cut from their bodies and crammed into their mouths, they being finally disemboweled. Their mutilated remains were afterwards found, and buried where they fell, upon the farm now or lately owned by George Moore, two miles north of Santa Rosa. No stone marks the graves of these martyrs; no loving hand tends to them; there they remain, uncared for save by the weary ploughman; their occupants are "unwept, unhonored, and unsung." Time, the great annihilator will soon level the mounds; in a few short years, these names will have been forgotten; it is to perpetuate such matters in a tangible form that county histories are written. We have been able to trace the end of two out of the thirteen murderers — truly a devil's dozen. Bernardino Garcia alias Three-fingered Jack was killed by Captain Harry Love's Rangers, July 27, 1853, at Pinold Pass, near the Merced River, with the bandit Joaquin Murietta, while Ramon Carrillo met his death at the hands of the Vigilantes, between Los Angeles and San Diego, May 21, 1864. It is due to his brother, a respected citizen of Santa Rosa, to say that he denies the participation of Ramon Carrillo in the dastardly deed noted above. 150 History of Alameda County, California. At Sonoma the Independents were gradually moving the rather clogged wheels of a governmental machine. On June i8th, Captain Ide, having received the appro- bation of his comrades, issued the following document: — "A Proclamation to all persons and citizens of the District of Sonoma* requesting them to remain at peace and follow their rightful occupations, without fear of molestation. " The Co'mmander-in-Chief of the troops assembled at the Fortress of Sonoma gives his inviolable pledge to all persons in California, not found under arms, that they shall not be' disturbed in their persons, their property, or social relations, one with another, by men under his command. " He also solemnly declares his object to be: First, to defend himself and com- panions in arms who were invited to this country by a promise of lands on which to settle themselves and families; who were also promised a Republican Government; when, having arrived in California,'they were denied the privilege of buying or rent- ing lands of their friends, who, instead of being allowed to participate in or being protected by a Republican Government, were oppressed by a military despotism; who were even threatened by proclamation by the chief officers of the aforesaid des- potism with extermination if they should not depart out of the country, leaving all their property, arms, and beasts of burden; and thus deprived of their means of flight or defense, were to be driven through deserts inhabited by hostile Indians to certain destruction. " To overthrow a Government which has seized upon the property of the missions for its individual aggrandizement; which has ruined and shamefully oppressed the laboring people of California by enormous exactions on goods imported into the country, is the determined purpose of the brave men who are associated under my command. " I also solemnly declare my object, in the second place, to be to invite all peaceable and good citizens of California, who are friendly to the maintenance of good order and equal rights, and I do hereby invite them to repair to my camp at Sonoma, without delay, to assist us in establishing and perpetuating a Republican Gov- ernment, which shall secure to all, civil and religious liberty; which shall encourage virtue and literature; which shall leave, unshackled by fetters, agriculture, commerce, and manufactures. " I further declare that I rely upon the rectitude of our intentions, the favor of heaven, arid the bravery of those who are bound and associated with me by the prin- ciples of self-preservation, by the love of truth and the hatred of tyranny, for my hopes of success. " I furthermore declare that I believe that a Government to be prosperous and happy, must originate with the people who are friendly to its existence; that the citizens are its guardians, the officers its servants, its glory its reward. " Headquarters, Sonoma, June i8, 18^6. WILLIAM B. Ide." The intelligence of the establishment of the California Republic, and the deter- mination of the Bear Flag Party to maintain it, spread among the rancheros like *The District of Sonoma then embraced all- territory lying northward from the Bay of San Francisco to the Ofgon ljn'», and west of the Sacramento River. ' Military Occupation, Bear Flag, Etc. 151 wild-fire; both parties labored incessantly and arduously for the conflict, and while the Independents guided their affairs from the citadel at Sonoma, General Castro ruled from his headquarters at Santa Clara, whence, on learning of the success at Sonoma, he issued the following two proclamations: — " The citizen Jos^ Castro, Lieutenant- Colonel of Cavalry in the Mexican Army, and acting General Commandante of the Department of California. " Fellow-Citizens : The contemptible policy of the agents of the United States of North America in this Department has induced a number of adventurers, who, regardless of the rights of men, have designedly commenced an invasion, pos- sessing themselves of the town of Sonoma, taking by surprise all the place, the military commander of that border, Col. Don Mariano Guadalupe Vallejo, Lieutenant- Colonel Don Victor Frudon, Captain Don Salvador Vallejo, and Mr. Jacob P. Leese. " Fellow-CouNTRYMEN: The defense of our liberty, the true religion which our fathers possessed, and our independence, calls upon us to sacrifice ourselves rather than those inestimable blessings. Banish from your hearts all petty resent- ments; turn you, and behold yourselves, these families, these innocent little ones, which have unfortunately fallen into the hands of our enemies, dragged from the bosoms of their fathers, who are prisoners among foreigners, and are calling upon us to succor them. There is still time for us to rise en masse, as irresistible as retribution. You need not doubt but that Divine Providence will direct us in the way to glory. You should not vascillate because of the smallness of the garrison of the general head- quarters, for he who will first sacrifice himself will be your friend and fellow-citizen, "Headquarters, Santa Clara, fime ij, 18^6. JOS^ Castro." " The citizen Jose Castro, Lieutenant- Colonel of Cavalry in the Mexican Army and acting Commandante of the Department of California. " All foreigners residing among us, occupied with their business, may rest assured of the protection of all the authorities of the Department while they refrain entirely from all revolutionary movements. " The General Comandancia under my charge will never proceed with vigor against any persons, neither will its authority result in mere words wanting proof to support it; declarations shall be taken, proofs executed, and the liberty and rights of the laborious, which is ever commendable, shall be protected. " Let the fortunes of war take its chance with those ungrateful men, who, with arms in their hands, have attacked the country, without recollecting that they were treated by the undersigned with all the indulgence of which he is so character- istic. Tfee imperative inhabitants of the Department are witness to the truth of this. I have nothing to fear; my duty leads me to death or victory. I am a Mexican soldier, and I will be free and independent, or I will gladly die for those inestimable blessings. Jos6 Castro. " Headquarters, Santa Clara, June ly, 184.6!' Under Captain Joaquin de la Torre, on June 2pth, a body of about seventy Cali- fornians crossed the Bay of San Francisco, and being joined by a party under Carrillo 152 History of Alameda County, California. and Padilla marched to the vicinity of the mission of San Rafael, while Castro remained at Santa Clara, recruiting his forces, by the utmost pressure, but only suc- ceeding in bringing into the field a squad of two hundred forced volunteers. Oi tne General's system of recruiting Lieutenant Revere writes: " I heard that on a least day. when the rancheros came to the mission in their 'go-to-meeting' clothes, with their wives and children, Castro seized their horses and forced the men to volunteer in defense of their homes, against los salvages Americanos!' On the evening of June 27th, Castro left Santa Clara with his army, and proceeding around the head of the Bay of San Francisco as far as the San Leandro Creek, in what is now Alameda County, halted at the Estudillo Rancho, where let us leave him for the present. Fremont, at this juncture, found that the time had now come to give his countenance and aid to the revolution which he had fostered, therefore, on June 21st, he tVansferred his impedimenta to the care of Captain Sutter at the fort, recrossed the American River to Sinclair's Rancho, was there joined by Pearson B. Redding and the trappers about Sutter's Fort, and quietly awaited, like Micawber, "for something to turn up." He had not to remain inactive long. On the afternoon of the 23d, Harrison Pierce (who had settled in Napa Valley in 1843) came into camp hurried and excited. He told of how he had ridden the eighty intervening miles with but one change of horses; he said that the handful of patriots were greatly concerned, for news had arrived that General Castro and an overwhelming force was advancing on the town, hurling threats of recapture and hanging. Ffemont desired him to return and say that he would move to their assistance as soon as he could put ninety men in the saddle. With this news and a fresh mount. Pierce returned to his comrades, while, on the 23d, Captain Fremont and his ninety Mounted Rifles marched from Sinclair's — a curious looking cavalcade. One of the party has left the following description of them: "There were Americans, French, English, Swiss, Poles, Russians, Prussians, Chilians, Germans, Greeks, Austrians, Pawnees,. native Indians, etc., all riding side by side, and talking a polyglot lingual hash never exceeded. in diversibility since the con- fusion of tongues at the Tower of Babel. Some wore the relics of their home-spun garments; some relied upon the antelope and the bear for their wardrobe; some lightly habited in buckskin leggings and a coat of war paint, and their weapons were equally various. There was the grim old hunter with his long, heavy rifle; the farmer with his double-barreled shot-gun ; the Indian with his bow and arrows, and others with horse-pistols, revolvers, sabres, ships' cutlasses, bowie-knives, and 'pepper-boxes' (Allen's revolvers)." Though the Bear Flag army was incongruous in personnel, as a body it was composed of the best fighting material. Each of them was inured to hardship and privation, self-reliant, fertile in resources, versed in woodcraft and Indian fighting, accustomed to handle fire-arms, and full of energy and daring. It was a band of hardy adventurers, such as in an earlier age wrested this land from the feebler aboriginals. With this corps Fremont arrived at Sonoma at two o'clock on the morning of June 25, 1846, having made forced marches. Let us make a sbight divergence from the chronological order of things so as to make Captain Fremont's next move sequent on his last. We have already spoken of the horrible and atrocious butchery of Cowie and Fowler, by the party under Mesa Juan Padilla. This gang a few days thereafter e/ucAoA^ JhyteL^a^i Military Occupation, Bear Flag, Etc. 153 captured William L. Todd, whose name has already appeared in this chapter as the artist of the Bear Flag, while he was trying to catch a stray horse that had escaped to a short distance from the barracks at Sonoma. They bore him off, and fallino- in with another man, he too was seized and led into captivity. This party of Padilla's, being occasionally in a playful mood, regaled Todd with throat-cutting tales, of which he was usually the hero, while in their more serious moments they actually threatened to carry their banterings into tragic execution. Fortunately he spoke the Spanish language, and though slightly, yet with sufficient force to make them under- stand that his death v/ould peal the knell of General Vallejo's doom. He and his companion in misfortune, with whom he had no opportunity to converse, but who appeared like an Englishman — a half-fool and common loafer — were conveyed to the Indian Rancheria called Olompali, about eight miles from the present town of Peta- luma. For the purpose of liberating the prisoners, and keeping the enemy in check until the arrival of Captain Fremont, Lieutenant Ford mustered a squad, variously stated at from twenty to twenty-three men, among whom were Granville P. Swift, Samuel Kelsey, William Baldridge, and Frank Bedwell, names more or less familiar to us, and on June 23d, taking with them the two prisoners. Bias Angelina and Three-fin- gered Jack, marched from Sonoma for where it was thought the Californians had established their headquarters. Here they learned from some Indians, under consid- erable military pressure, that the Californian troops had left three hours before. They now partook of a hasty meal, and with one of the Indians pressed into the ser- vice as guide, proceeded towards the Laguna de San Antonio, which lies on the pres- ent boundary line between Marin and Sonoma Counties, and that night halted within half a mile of the enemy's camp. At dawn they fell upon the place, took the only men they found there prisoners — their number was four, the remainder having left for San Rafael. Here four men were left to guard the prisoners and horses, Lieutenant Ford with the remainder of his troops, starting in pursuit of the enemy. Leaving the lagoon of San Antonio, and having struck into the road leading to San Rafael, after a sharp ride of four miles they came in sight of the house pointed out to them as that in which the Californians had passed the night with Todd and "the inan that looked like an Englishman," and were at that time within its walls, enjoying a mild fiesta. Ford's men were as ignorant of their proximity as the Californians were of theirs. However, when the advance guard arrived in sight of the corral, and perceiving it to be full of horses, with a number of Indian vaqueros around it, they made a brilliant dash to prevent the animals from being turned loose. While exulting over their good fortune at this unlooked-for addition to their cavalry arm, they were surprised to see the Californians rush out of the house and mount their ready-saddled quadrupeds. It should be mentioned that the house spoken of was situated on the edge of a plain, some sixty yards from a grove of brushwood. In a moment Ford formed his men into two half companies, and charged the enemy, who, perceiving the movement, retreated behind the grove of trees. From his position Ford counted them, and found that they were eighty-five, all told. Notwithstanding he had but fourteen in his ranks, nothing daunted, he dismounted his men, and, taking advantage of the protec- II 154 History of Alameda County, California. tion offered by the brushwood, prepared for action. The Californians, observing this evolution, became emboldened and prepared for a charge. On this, Ford calmly- awaited the attack, giving stringent orders that his rear rank should hold their fire until the enemy were well up, and that not a bullet should be wasted. On they came^ with shouts, the brandishing of swords and the flash of pistols, until within thirty yards of the Americans, whose front files poured into the advancing foe a withering fire, and emptied the saddles of eight of the Mexican soldiery. On receiving this volley, the enemy turned to the right about, and made a break for the hills, while Ford's rear rank played upon them at long range, causing three more to bite the earth, and wounding two others. The remainder retreated helter-skelter to a hill in the direc- tion of San Rafael, leaving Todd and his companion to join their succorers. Ford's little force having now attained the object of their expedition, and without a casualty, secured their prisoners of war, and going to the corral, where the enemy had a large drove of horses, changed their jaded nags for fresh ones, took the remainder — some four hundred — and retraced their victorious steps to Sonoma, where they were heartily welcomed by their anxious countrymen, who had feared for their safety. We last left Captain Fremont at Sonoma, where he had arrived at two A. M. of the 25th of June. Having given his men and horses a short rest, and receiving a small addition t& his force, he was once more in the saddle and started for San Rafael, where it was said Castro had joined de la Torre with two hundred and fifty men. At four o'clock in the afternoon they came in sight of the position supposed to be occupied by the enemy, which they cautiously approached until quite close, when they charged, the three first to enter being Fremont, Kit Carson, and J. W. Marshall (the future discoverer of gold), but they found the lines occupied by only four men, the gallant Captain de la Torre having withdrawn some three hours previously, leaving not a trace behind. Fremont camped on the ground that night, and on the following morning, the 26th, detailed scouting parties, while the main body remained quiescent at San Rafael for three days. We have already seen that General Castro had marched forth from Santa Clara on the 27th of June, to chastise the Sonoma insurgents, and that he called a halt at the rancho of the Estudillos. From this place he dispatched three men to reconnoiter, viz.: Don Jos^ Reyes Berryessa (a retired Sergeant of the Presidio Company of San Francisco, who in 1837 was granted the tract of land on which the New Almaden mine is situated), with Ramon and Francisco de Haro (twin sons of Don Francisco de Haro, Alcalde of San Francisco in 1838-39), who landed on what is now known as Point San Quentin. On coming to the shore they were seized, with their arms, and on them were found written orders from Castro to Captain de la Torre (who it was not known had made his escape via Saucelito to Santa Clara) to kill every foreign man, woman, and child. These men were shot on the spot — first, as spies; second, in retaliation for the Americans so cruelly butchered by the Californians. Castro, upon finding that his men did not return, feared a like fate for himself; he therefore retraced his steps to the Santa Clara Mission, where he arrived on the 29th of June, after a prodigious expedition of two days' duration. About this time a small party intended for service under the Bear Flag had been recruited by Captain Thomas Fallon, then of Santa Cruz, but subsequently Military Occupation, Bear Flag, Etc. 155 for many years a resident of Santa Clara County. This company, which consisted of only twenty-two men, crossed the Santa Cruz Mountains, entered the Santa Clara Valley at night, arid called a halt about three miles to the south of San Jose. Here Fallon learned that Castro was close at hand with a force of two hundred men; therefore, acting on the principle that discretion is the better part of valor, he fell back into the mountains and there encamped, where we shall leave him for a space. . In the meantime great events had been occurring without. War had been declared by the United States against Mexico; General Scott had carried on a series of brilliant exploits, which culminated in the capture of the Mexican Capi- tal, and the flag of the United States of America had been hoisted at Monterey July 7, 1846. Two days later than the last-mentioned date there might have been seen a solitary horseman, urging the animal he bestrode, as if for bare life, through the then almost impassable gorges of the Santa Cruz Mountains, and across the wide expanse of the Santa Clara Valley. From his pre-occupied air it could be remarked that he bore a weighty burden upon- his shoulders, and still he pressed his jaded steed onwards, whose gored sides and dilated nostrils gave evidence of being pushed to the utmost. Ere long both came to a halt within the open space fronting the Justice Hall, in San Jose. With a jubilant wave of his cap, our traveler announces to his compatriots the welcome intelligence of the glory of American arms. He hastily asks of the whereabouts of the General, whom he at once seeks; he finds him enjoying his otium cum dignitate in the seclusion of his well-appointed quarters at the Santa Clara Mission, and there the dusty voyager, Henry Pitts, delivers into the hands of the redoubtable soldier, Josd Castro, the dispatch which tells him of the defeat of Mexican arms, and, the ascendency of the United States forces. With moody brow he breaks the seal; he mounts his charger and proceeds to the pueblo; arrived there, he calls forth his men, forms them in line in front of the. juzgado, and then excl-aiming, " Monterey is taken by the Americans !" proceeds to read, in Spanish, the proclamation of Commodore Sloat, of which the annexed is a trans- lation: — "To THE Inhabitants of California: — " The central troops of Mexico having commenced hostilities againSt the United States of America, by invading its territory, and attacking the troops of the United States, stationed on the north side of the Rio Grande, and with a force of seven thousand men, under the command of General Arista, which army was totally destroyed, and all their artillery, baggage, etc., captured, on the eighth and ninth of Ma:y last, by a force of twenty-three hundred men, under the command of General Taylor, and the city of Matamoras taken and occupied by the forces of the United States, and the two nations being actually at war by this transaction, I shall hoist the standard of the United States at Monterey, immediately, and shall carry it through California. " I declare to the inhabitants of California, that although I come in arms With a powerful force, I do not come among them as an enemy to California; on the con- 156 History of Alameda County, California. trary, I come as their best friend, as henceforth California will be a portion of the United States, and its peaceable inhabitants will enjoy the same rights and privileges they now enjoy, together with the privilege of choosing their own magistrates and other officers for the administration of justice among themselves, and the same pro- tection will be extended to them as to any other State in the Union. They will also enjoy a permanent Government, under which life and property, and the Constitutional right and lawful security to worship the Creator in the way most congenial to each one's sense of duty will be secured, which, unfortunately, the Central Government of Mex- ico cannot afford them, destroyed as her resources are by internal factions and corrupt officers, who create constant revolutions to promote their own interests and oppress the people. Under the flag of the United States, California will be free from all such troubles and expenses; consequently the country will rapidly advance and improve,, both in agriculture and commerce; as, of course, the revenue laws will be the same in California as in all other parts of the United States, affording them all manufactures and produce of the United States free of any duty, and for all foreign goods at one- quarter the duty they now pay. A great increase in the value of real estate and the products of California may be anticipated. " With the great interest and kind feeling I know the Government and people of the United States possess toward the citizens of California, the country cannot but improve more rapidly than any other on the continent of America. " Such of the inhabitants, whether natives or foreigners, as may not be disposed to accept the high privileges of citizenship, and to live peacefully under the Government of the United States, will be allowed time to dispose of their property and remove out of the country, if they choose, without any restriction; or remain in it, observing strict neutrality. "With full confidence in the honor and integrity of the inhabitants of the coun- try, I invite the Judges, Alcaldes, and other civil officers, to execute their functions as heretofore, that the public tranquility may not be disturbed, at least until the Govern- ment of the Territory can be definitely arranged. "All persons holding titles to real estate, or in quiet possession of lands under color of right, shall have these titles guaranteed to them. " All churches, and the property they contain, in possession of the clergy of Cal- ifornia, shall continue in the same right and possession they now enjoy. "All provisions and supplies of every kind furnished by the inhabitants for the use of the United States ships and soldiers, will be paid for at fair rates, and no pri- vate property will be taken for public use without just compensation at the moment. "John D. Sloat, " Commander-in-Chief of the U. S. Naval Forces in the Pacific Ocean!' The reading of the foregoing concluded, Castro is said to have exclaimed: "What can I do with a handful of men against the United States ? I am going to Mexico ! All you who wish to follow me, right-about-face ! All that wish to remain can go to their homes !" Only a very few chose to follow the fortunes of the Don into Mexico, whither he proceeded on that same day, first, however, taking prisoner Captain Charles M. Weber, who, some years previously, had ranged himself in the opposite faction to Castro, and who was not released until their arrival at Los Angeles. Military Occupation, Bear Flag, Etc. 157 We last saw Captain Fremont in the vicinity of San Rafael lying in a state of watchful inactivity. There he remained until the 2d of July, when he returned to Sonoma, where he commenced the labors of a more psrfect organization, their plan being to keep the Californians to the southern part of the Territory until the immi- grants then on their way had time to cross the Sierra Nevada. The national holiday having been celebrated with due pomp, the next day was devoted to the formation and organization of the California Battalion of Mounted Riflemen, two hundred and fifty strong, officered as follows: Commandant, John C. Fremont, Brevet-Captain and Second Lieutenant of Topographical Engineers; Adjutant, and Inspector, with the rank of Captain, Archibald A. Gillespie, First Lieutenant of Marines. Of the for- mation of this battalion Fremont says: "In concert and co-operation with the Ameri- can settlers, and in the brief space of thirty days, all was accomplished north of the Bay of San Francisco, and independence declared on the 5th of July (1846). This was done at Sonoma, where the American settlers had assembled. I was called, by my position and by the general voice, to the chief direction of affairs, and on the 6th of July, at the head of the mounted riflemen, set out to find Castro." We have already shown that the war between Mexico and the United States had placed California in the hands of the latter, and that the national ensign was hoisted at Monterey on July 7th. On the morning of the 9th Lieutenant Joseph Warren Revere left the United States ship Portsmouth, then lying in the harbor at Yerba Buena, in one of her boats, and on reaching Sonoma did, at noon of that day, haul down the Bear Flag and raise in its place the Stars and Stripes; and at the same time forwarded one to Sutter's Fort by the hands of William Scott, and another to Captain Stephen Smith, at Bodega. Thus ended the Bear Flag War, of which the following is the Mexican account: — " About a year before the commencement of the war a band of adventurers, pro- ceeding from the United States, and scattering over the vast territory of California, awaited only the signal of their Government to take the first step in the contest for usurpation. Various acts committed by these adventurers in violation of the laws of the country indicated their intentions. But unfortunately the authorities then exist- ing, divided among themselves, neither desired nor knew how to -arrest the tempest. In the month of July, 1 846, Captain Fremont, an Engineer of the U. S. A., entered the Mexican territory with a few mounted riflemen, under the pretext of a scientific commission, and solicited and obtained from the Commandant-General, D. Josd Castro, permission to traverse the country. Three months afterwards, on the 19th of May, that same force and their commander took possession, by armed force, and surprised the important town of Sonoma, seizing all the artillery, ammunition, armaments, etc., which it contained. "The adventurers scattered along the Sacramento River, amounting to about four hundred, one hundred and sixty nien having joined their force. They proclaimed for themselves, and on their own authority, the independence of California, raising a rose- colored flag with a bear and a star. The result of this scandalous proceeding was the plundering of the property of some Mexicans and the assassination of others — three men shot as spies by Fremont, who, faithful to their duty to their country, wished to make resistance. The Commandant-General demanded explanations on the subject 158 History of Alameda County, California. of the Commander of an American ship-of-war, the Portsmouth, anchored in the Bay of San Francisco; and although it was positively known that munitions of war, arms, and clothing were sent on shore to the adventurers, the Commander, J. B. Montgom- ery, replied that ' Neither the Government of the United States nor the subalterns had any part in the insurrection, and that the Mexican authorities ought, therefore, to punish its authors in conformity with the laws.'" On leaving Sonoma with the California Battalion says Fremont: " We had to make the circuit of the head of the bay, crossing the Sacramento River (at Knight's Landing). On the loth of July, when within ten miles of Sutter's Fort, we received (by the hands of William Scott*) the joyful intelligence that Commodore John Drake Sloat was at Monterey and had taken it on the 7th of July, and that war existed between the United States and Mexico. Instantly we pulled down the flag of Inde- pendence (Bear Flag) and ran up that of the United States amid general rejoicing, and a national salute of twenty-one guns on the morning of the nth from Sutter's Fort, with a brass four-pounder called 'Sutter.'" Thence afterwards proceeding down the valley of the San Joaquin, they found themselves at the San Juan Mission, where Fremont was joined by Captain Fallon, who the reader may recollect we last saw encamped in the Santa Cruz Mountains. His adventures since we heard of him may thus be briefly told. Upon hearing of Castro's departure, he marched into the town of San Jose, seized the yz/.a^ia:(/(7, arrested Dolores Pacheco, the Alcalde, appointed an Amer- ican citizen in his place, and on July 13th hoisted an American ensign on the flag- staff" in front of the Court House, and opened direct land communication with Monte- rey; all of which he reported, as the following correspondence with United States authority in San Francisco will fully explain: — "U. S. Ship Portsmouth, Yerba Buena, July 13, 1846. " Sir: I have just received your letter, with a copy of Mr. James Stokes' appoint- ment as Justice of the Peace, at the pueblo; also a dispatch from the Commander-in- Chief of the U. S. Naval Forces, at Monterey, for which I thank you. By the. bearer of them, I return a dispatch for Commodore Sloat, which I hope you will have an opportunity of forwarding to Monterey. " I received your letter of July 12th, and wrote to you, by the bearer of it, on the 13th, an answer, advising you by all means to hoist the flag of the United States at the Pueblo of St. Joseph, as you expressed to do, if you had sufficient force to main- tain it there; of course you will understand that it is not again to be hauled down. " Agreeable to your request, I send you a proclamation of the Commander-in- Chief, in both languages, which I shall be glad to have distributed as far and gener- ally as possible; and be pleased to assure all persons of the most perfect security from injuries to their persons and property, and endeavor, by every means in your power, to inspire them with confidence in the existing authorities and Government of the Uijited States. I am, sir, respectfujly, your obedient servant, "JNO. B. Montgomery, " Commanding U. S. Ship Portsmouth. " To Captain Thomas Fallon, Pueblo of St. Joseph, Upper California." *This honor is claimed by Harry Bee and John Daubenbiss, but those quoted are Fremont's own words. MiLiTATY Occupation^ Bear Flag, Etc. 159 " U. S. Ship Portsmouth, Verba Buena, July i8, 1846. " Sir: I have just received your letter with the official dispatch from Commodore Sloat, which has been accidentally delayed one day in its transmission from the pueblo, and am much obliged to you for sending it. " I am gratified to hear that you have hoisted the flag of our country, and cannot but feel assured, as I certainly hope, that your zealous regard for its honor and glory will lead you nobly to defend it there. I am, sir, your obedient servant, "Jno. B. Montgomery, Commander. "To Captain Thomas Fallon, at the Pueblo San Jos^, Upper California." After Fremont was joined by Fallon, whose company had been disbanded at Monterey in the meantime, the former sailed at once with his men in the Cyane for San Diego to cut off Castro's retreat, who had united with Pio Pico, thus giving them six hundred men. It is not our intention to follow the doings of the " Pathfinder " in his southern campaign, but to confine ourselves to the district conterminous to the country whose chronicles we have undertaken to compile. His operations and their results are a matter of national history. The Indians of the San Joaquin Valley had, during the year, 1846, commenced to be such a source of annoyance to the residents in that district that in the month of April complaint had been made to the Departmental Assembly, but up to July noth- ing had been done. Wishing to intercept Captain Fremont, in the month of July> Captain Montgomery penned the following dispatch to that officer: — "U. S. Ship Portsmouth, Verba Buena, July 9, 1846. " Sir : Last evening. I was officially notified of the existence of war between the United States and the Central Government of Mexico, and have this morning taken formal possession of this place, and hoisted the flag in town. Commodore Sloat, who took possession of Monterey on the 7th instant, has directed me to notify you of the change in the political condition of things in California, and to request your presence at Monterey, with a view to future arrangements and co-operations, at as early a period as possible. "I forwarded at two o'clock this morning a dispatch from Commodore Sloat to the Commandant at Sonoma, with an American flag for their use, should they stand in need of one. Mr. Watmough, who will hand you this, will give you all the news. "Very respectfully, etc., Jno. B. Montgomery. " To Captain J. C. Fremont, Top. Engineer, Santa Clara." On the same day (July 9th) the following order was given to Purser James H. Watmough by Captain Montgomery: — " Sir: Vou will proceed to Santa Clara, and to the pueblo, if necessary, in order to intercept Captain Fremont, now on his march from the Sacramento; and on meet- ing, please hand him the accompanying communication, after which you will return to this place, without delay, and report to me." Whether Watmough delivered Captain Montgomery's dispatch to Fremont at that time is uncertain; the presumption, however, is that he did, and that on reporting 160 History of Alameda County, California. such, as also the state of affairs in regard to the Indians in the San Joaquin Valley, he was instructed to occupy San Jose with thirty-five marines' who had accompanied him as an escort, for we find that gallant Purser had established his headquarters at the Juzgado, added some volunteers to his force, and, in the month of August, with thirty marines, and about the same number of citizen soldiers, crossed the mountaina and gave combat to a party of a hundred Indians, which he drove back into their own valley. After doing much to allay the excitement which then existed, his command was withdrawn in the month of October. Such was the military enthusiasm of the period that it was not as difficult then as it might be to-day to recruit an armed force. During the month of October, 1846, Commander Hull of the United States sloop-of-war Warren, in command of the northern district of California, commissioned two citizens of San Josd, Charles M. Weber and John M. Murphy, as Captain and Lieutenant in the land forces, and these gentlemen quickly raised a company of scouts. This recruiting spirit, however, was not confined to the actual settler solely, for, no sooner had the immigrants crossed the Sierra Nevada and arrived at Sutter's Fort than they were enrolled by Captain Gran- ville Swift and forwarded to the south of the territory to augment the strength of Fremont's California Battalion. Among these was Joseph Aram, who received a commission and was detailed for duty at the mission of Santa Clara in charge of immigrant families; where during the inclement winter season the poor people suffered severe privations. Captain Aram managed to raise a company of thirty-two men, among them was the familiar name of Flam Brown of Contra Costa County, and established his headquarters, as desired, at Santa Clara. His first duty was to place the mission in a suitable state of defense to which end he constructed barricades, built principally of wagons that had crossed the plains, and the branches of trees, for he had learned that Colonel Sanchez and a body of mounted Californians were hover- ing in the vicinity. San Jose was formed into a military post in the month of November, and sixty men, with Messrs. Watmough and Griffin, under command of Lieutenant Pinkney of the United States ship Savannah sent to protect the inhabit- ants in the district. The force left Verba Buena early in the morning of the 1st, and proceeding by the ship's boats up the bay, about sunset made fast to the shore and that night camped on the site of the present town of Alviso. Dawn of the next day found Lieutenant Pinkney and his command on the route, and after a weary march, for muskets, bayonets, cartridges, provisions, and blankets had to be carried by each man, arrived that afternoon at San Josd, which he at once put in a state of proper defense. The military freebooter Sanchez had at this time established a reign of terror in the districts around the Bay of San Francisco, neither man, horse, nor stock of any kind being free from his predatory band. Concealing themselves in thicket or ravine, they were wont to fall upon the unsuspecting traveler, who, after being robbed, was too often most foully murdered. In the month of December, 1846, about the eighth day, a foraging party under Lieutenant W. A. Bartlett of the sloop-of-war Warren and five men, among them being Martin Corcoran, a much respected citizen of San Josd, started from Verba Buena to purchase beef for the United States forces. When they arrived in the vicinity of that locality where now stands the Seventeen-mile House, Military Occupation, Bear Flag, Etc. 161 on the San Jos^ road from San Francisco^ and when in the act of driving together some cattle, thirty of Sanchez' men rushed from an ambuscade, captured them and. carried them off to their camp in the redwoods of the Coast Range of mountains; but after a space removing to another portion of the same chain in San Mateo County, he increased his force to a hundred men and one piece of artijiery — a six pounder — and commenced a succession of marauding expeditions in the country that lies within fifty miles of San ]os6. Intelligence reaching the pueblo of these depredations of Colonel Sanchez, without loss of time Captain Weber sounded the '' call " to boot and saddle, and about Christmas day, 1846, was in full chase. Learning, however, of the recent addition to the enemy's strength, he avoided an encounter with a force so much his superior in numbers and pushed on to San Francisco where he reported to the Commandant. Still retaining his six prisoners under close guard, Sanchez advanced into the Santa Clara Valley, by way of the head of the Bay of San Francisco, and called a halt about ten miles from San Jos^, which place he came to after a rest of forty-eight hours. Aware full well that Weber and his company were not in the town, and noth- ing remained for its defense but a few marines, he thought that it would fall before his mighty presence, even without firing a shot, he therefore dispatched a note to Lieutenant Pinkney, calling upon him to surrender and withdraw his men; in which event the Americans would be permitted to retire unmolested; should he refuse, then an, attack would be forthwith made and all put to the sword. But Pinkney was not to be intimidated by such shallow bravado. As the sun sank into the west on that day he formed his men in line and read to them the arrogant communication of the robber chief, which being ended, he said, if there were any there who did not wish to fight they had full liberty to rejoin the ship at San Francisco. Such, however, hap- pily is not the spirit of the American people or their forces, else the glorious Union would not be in the lead of nations as it is to-day. Pinkney's men raised their voices as one man, and elected to stay and let Sanchez do his worst, while their gallant com- mander vehemently asserted, " Then, by G — d, Sanchez shall never drive me out of here alive 1 " And then there burst from the throats of that handful of heroes one hoarse cheer that made the welkin ring. Like a true soldier, the Lieutenant gave not an order the carrying out of which he did not personally superintend. He divided his small force into four squads, who were, on an alarm being sounded, each to press for a particular side of the breast-work which he had built around the Juzgado; if, however, the enemy should be found in a body trying to effect an entrance at any other side, then were the four divisions to rush en masse to that spot. That night Pinkney doubled the guard, and his rnen slept on their arms. It was his expectation to be attacked by a force immeasureably his superior in point of numbers, but at dead of night Sanchez rode round the pueblo, reflected deeply, and wisely determined that to be valorous was to be discreet, therefore he withdrew his men leaving our forces in full possession. Lieutenant Pinkney is described as being a tall, well-proportioned man, over six feet high, with sandy whiskers and hair. He was straight as an arrow and looked the soldier all over; his very appearance showed where he would be in a hot contest. There was not a man among his little band that did not have the utmost confidence in him. 162 History of Alameda County, Califorkia. Let us now return and see how fared it with the prisoners captured near the Seventeen-mile House. To try and effect their release, James Alexander Forbes (who died in Oakland in May, 1881), Her Britannic Majesty's Consul, visited Sanchez' band, where his brother-in-law was serving; and strove to obtain the liberation of the captives, but with no success. After a good deal of palaver, however, Sanchez con- sented to Lieutenant Bartlett being permitted to accompany Forbes to his resi- dence in Santa Clara, but on no account was he to be handed, over to the American authorities, while, as to the other five, he was willing that they all should be surren- dered to their nationals, but Captain Weber, who had before the commencement of hostilities between the United States and Mexico, been in the service of the latter Government, must be given up to him. Consul Forbes transmitted the result of his diplomatic mission to the commanding ofificer at San Francisco, who replied that he unconditionally refused such terms, and Bartlett could be returned to Sanchez. A day of reckoning was now fast drawing nigh, for a little army with the destruction of Sanchez and his band in view, was being formed in San Francisco under command of Captain Ward Marston, of the Marine corps attached to the United States ship Savannah. The force was composed as follows: Assistant-Surgeon J. Durall, Aid-de-Camp; detachment of marines, under Lieutenant Robert Tansil, thirty-four men; artillery, one field-piece, six pounder, under charge of Master William F. D. Gough, assisted by midshipman John Kell, ten men; interpreter, John Pray; Mounted Company, San Jos^ Volunteers, under command of Captain Charles M- Weber, Lieutenant John M. Murphy and acting Lieutenant John Reed, thirty-three men; Mounted Company of Yerba Buena Volunteers, under command of William M. Smith (a pioneer of Contra Costa County), Lieutenant John Rose; with a small detachment, under Captain Julius Martin (still residing at Gilroy, Santa Clara County), of twelve men, the whole being in the neighborhood of one hundred men. The little army marched out of San Francisco on the 29th December, their course being southward and through the Santa Clara Valley. On the morning of January 2, 1847, they came in sight of the enemy, who, upon learning of their ap- proach, had dispatched their six prisoners, on foot, into the mountains in charge of a guard of twelve men, who, having proceeded a couple of miles, halted. Upon the force of Americans coming up with the enemy, at ten o'clock in the morning, orders were given to open fire at two hundred yards' range which was done with telling effect, the first one or two volleys entirely breaking the line in which Sanchez chose to fight. Finding his alignment cut in twain, Sanchez wheeled his men so as to bring each of his sections on either flank of Captain Marston's corps, but still making a retrograde movement, while the latter advanced. Ever and anon would the desperate Colonel rally his already demoralized troops in front, and again wheel them on the flanks of his opponents, thus alternately fighting in front and on flank, but still keeping up the order of his retreat for two or three hours. Lieutenant Pinkney from his fortified position in San Jose, hearing the firing, gave orders for making hundreds of cartridges, and placed everything in a state of defense, in case Sanchez should be victorious and come down on the pueblo, while he waited anxiously for news of the battle, for he believed the Americans were outnum- bered, and had some doubt as to how the fortune of the day might turn; while, at Military Occupation, Bear Flag, Etc. 163 Santa Clara Mission, people crowded the roof-tops and there witnessed the engage- ment, to which place the retreat tended. Finding this new force to contend against he drew off unwilling to renew a fight of which he had already had too much, and found his way to the Santa Cruz Mountains whence he dispatched a flag of truce and a communication stating the terms on which he would surrender. The reply he re- ceived was that his surrender must be absolute, and notwithstanding that he said he would die first, an armistice was agreed upon and dispatches sent to the Command- ant at San Francisco, asking for instructions. Meanwhile Pinkney's suspense was put to an end by the receipt of a message as ,to the result of the action, while Marston marched his men to the Santa Clara Mission where they were received with demonstrative joy by the American ladies and children, there assembled. Captain Aram now received permission to proceed in quest of.certain horses which had been stolen from the American settlers in the Santa Clara Valley, some of which he knew to be in the cavalcade of the enemy, and while engaged in this duty was informed by Sanchez that another body of United States troops was on its way from Monterey. This information could scarcely be credited by the Captain, who, ascending a commanding point, perceived the intelligence to be correct. This accession to the fighting strength, of, the Americans made Sanchez tremble lest he should be attacked by them, he therefore begged Aram to advance and inform them of the situation of affairs, which he did. The new-comers felt con- siderable chagrin at this situation of affairs for they longed to have a brush with the enemy. This force was under the command of Captain Maddox of the United States Navy, and consisted of fifty-nine mounted sailors and marines. The courier sent to San Francisco returned on the 6th with instructions to Captain Marston that the surrender of Sanchez must be unconditional, a copy of which he transmitted to the Colonel, whereupon the terms of capitulation were agreed upon. Another reinforcement arrived under Lieutenant Grayson on the 7th and on January 8, 1847, his whole force laid down their arms and the six anxious prisoners were returned to the hands of their countrymen. The Mexican Colonel was taken to San Francisco and held as a prisoner, for a time, on board the United States ship. Savannah, while his men were permitted to return to their respective homes. And thus the curtain is dropped upon the closing act in the war-like drama, as enacted in the northern part of Upper California in the years 1 846 and 1 847. 164 History of Alameda County, California. LEGISLATIVE HISTORY OF ALAMEDA COUNTY. CHRONICLES OF ORGANIZATION AND POLITICAL ANNALS. THE first organization of counties in the United States of America, originated in Virginia, where her earliest settlers became possessed of vast tracts of land, lived the life of isolated patricians, imperious in demeanor, aristocratic in feel- ing, and, in a measure, were dictators to the laboring classes by whom they were sur- rounded. Therefore it will readily be appreciated that owing to the scarcity of voters, and the large district over which they were scattered, there was not the material from which to create towns. Moreover, county organization was in perfect harmony with the social and judicial dignities of Great Britain, in which, as descendants of that country, they felt so much glory. In Virginia, in 1634, eight counties were estab- lished. In a little this lead was followed by the Southern and several of the North- ern States, with the solitary exceptions of Louisiana and South Carolina, in the for- mer of which, after the custom of France, parishes were organized, and districts created in the latter. In New England towns were formed before counties, while they in turn were organized before' States, whose powers of government originally were exercised by towns or townships. The powers afterwards assumed by States were from surrender on the part of towns, while counties were created for the purpose of defining the jurisdiction of Courts of Justice. The representative system arose from out of a union of towns which were formed into States, each town being represented in the State Legislature, or General Court, by delegates chosen by its freemen at stated meeting. The first authentic evidence of a town meeting, which we can find, is that held by the delegation of the Plymouth Colony on March 23, 162 1, which had in view the perfecting of a military organization. At that session a Governor was chosen for the ensuing year ; and it is noticed as a coincidence, whether from that source, or other- wise, that the annual town meetings in New England, and in most of the other States, have ever since been held in the Spring of the year. It was not, however, until 1635 that the township system was adopted as a quasi corporatini in Massachusetts. It may be interesting to note what were the provisions contained in the first legal enactment concerning this system. It read: "Whereas, particular towns have many things which concern only themselves, and the ordering of their own affairs, and dis- posing of business in their own towns; therefore the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns ; to grant lots and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the General Court. They might also impose fines of not more than thirty shillings, and choose their own particular ofificers, as constables, surveyors for highways, and the like." This enactment, no doubt, relieved the General Court of a mass of municipal details, without any danger to the controlling power of that body Legislative History of the County. 165 in general measures of public policy, while, it is also probable that a demand of the freemen of the towns was felt for the control of their own home concerns. The colonies of New England were first governed by a " General Court," com- posed of a Governor and small Council, which Court comprised the most influential •inhabitants, and, while possessing legislative powers, exercised judicial functions, which were limited only by the wisdom of the holders. They made laws, ordered their execution, elected their own officers, tried and decided civil and criminal causes', enacted all manner of municipal .regulations, and, in fact, transacted all the business of the colony. This system, which was found to be eminently successful, became general as terri- tory was added to the Republic and States were formed. Divisions of less size were in turn inaugurated and placed under the supervision of proper officials whose num- bers were increased as time developed a demand, until the system of county and township organization in the United States is the most complete of any land. Let us now proceed to trace the formation of Alameda County. Organization of Alameda County. — On the acquisition of Upper California by the United States of America under a treaty of peace, friendship, limits, and set- tlement, with the Republic of Mexico, dated Guadalupe Hidalgo, February 2, 1848, the boundaries of the territory ceded were properly defined. The President duly ratified it on the i6th of February of the same year; it was exchanged by the cov- enanting parties at Queretaro, May 30th, and subsequently promulgated, July 4, 1848, by President James K. Polk and attested by Secretary of State James Buchanan. A Constitutional Convention assembled in Monterey in the year 1849, and on October 1 2th, at the close of the session, a proclamation calling upon the people to form a Government was issued. Its objects were declared by Brigadier-General Riley, the Military Governor, to be: "to designate such officers as they desire to make and execute the laws; that their choice may be wisely made, and that the Government so organized may secure the permanent welfare and happiness of the people of the new State, is the sincere and earnest wish of the present executive, who, if the Constitution be ratified, will, with pleasure, surrender his powers to whomsoever the people may designate as his successor." In accordance with Section fourteen of Article twelve of the Constitution, it was provided that the State be divided into counties, while the first session of the Legis- lature, which began at San Jos^ on December 15, 1849, passed, February 18, 1850, "An Act subdividing the State into counties and establishing seats of justice therein." The Act was finally confirmed April 25, 1851, and directed the boundaries of Contra Costa, in which the greater portion of Alameda County was included, to be as under. Original Boundary of Contra Costa County.— Beginning at the mouth of Alameda Creek and running thence in a southwesterly direction to the middle of the Bay of San Francisco ; thence in a northerly or northwesterly direction, following, as near as may be, the middle of the bay to the Straits of San Pablo; thence up the middle of the Bay of San Pablo to the Straits of Carquinez; thence running up the middle of said Straits to the Suisun Bay, and up the middle of said bay to the mouth 166 History of Alameda County, California. of the San Joaquin River; thence following up the middle of said river to the place known as Pescadero or Lower Crossing; thence in a direct line to the northeast corner of Santa Clara County, which is on the summit of the Coast Range, near the source of Alameda Creek; thence down the middle of said creek to its mouth, which was the place of beginning, including the islands of San Pablo, Coreacas, and Tesoro. The. seat of justice shall be at the town of Martinez. Creation of Alameda County. — We have already stated that originally Alameda County formed a large portion of Contra Costa. In 1853 it was created from out of the southern portion of Contra Costa, and a part (Washington Township) of Santa Clara County. The process of formation may be thus briefly described: In that year (1853) both the counties were represented in the State Senate by George B. Tingley, who was a resident of the latter, and, in the Assembly, the first by Horace W. Carpentier and the last by W. S. Letcher and Henry C. Smith, who lived at a place then known as New Haven, but which has since been named Alvarado. On March 10, 1853, the Legislature being then convened at Benicia, Solano County, Mr. Smith, from his place in the Assembly, presented a petition from Santa Clara and Contra Costa's residents, praying that a new county, to be called Alameda, be created from out of territory then comprised within their limits. Having passed the searching eye of the Committee on Counties and County Boundaries the bill entitled " An Act to create the county of Alameda and establish the seat of justice therein, to define its boundaries, and provide for its organization," was introduced by Mr. Smith, read the first and second times, and once more sent to the above-named committee, by whom it was reported back on the following day, the nth of March, with the recommenda- tion that it be passed. On the 12th it was declared to be correctly engrossed, and on the next day, the 13th, it found its way into the presence of the Senate, in which august chamber it was amended. These ratifications were returned to the Assembly, who, March i8th, signified their concurrence in the amendments of the Upper House, whence it was referred back to the Lower Chamber for correction in errors of enroll- ment on the 23d; these were declared duly made on the 25th, on which date it was presented for the Governor's approval, which it received March 28, 1853. After its passage it was found that the Act contained several material defects which it was thougnt advisable to amend; therefore, on the 31st of March, Mr. Smith introduced an amendatory bill, which passed the Senate on April ist, and finally received the signature of Governor John Bright on April 6, 1853. On the 21st of the same month, an attempt was made by Mr. Carpentier to have the bill amended so as to make Oakland the seat of justice, instead of New Haven or Alvarado, but which was rejected, on a vote being taken, by nineteen noes to seventeen ayes. The boundaries of the county as prescribed by the above Act were defined as follows: — Original Boundary of Alameda County. — Beginning at a point at the head of a slough, vi^hich is an arm of the Bay of San Francisco, making into the main- land in front of the Gfegara Ranchos; thence to a live sycamore tree that stands in a ravine between the dwellings of Fluhencia and Valentine Gegara; thence up .said Legislative History of the County. 167 ravine to the top of the mountains; thence in a direct line easterly to the junction of the San Joaquin and Tuolumne Counties; thence northwesterly on the west line of San Joaquin County to the slough known as the Pescadero; thence westwardly in a straight line until it strikes the dividing ridge in the direction of the house of Joel Harlan, in Amador Valley; thence westwardly along the middle of said ridge, crossing the gulch one-half mile below Prince's Mill; thence to and running upon the dividing ridge between the Redwoods known as the San Antonio and Prince's Woods; thence along the top of said ridge to the head of the gulch or creek that divides the ranches of the Peraltas from those known as the San Pablo Ranches; thence down the middle of said gulch to its mouth; and thence westwardly to the eastern line of the County of San Francisco; thence along said last-mentioned line to the place of. beginning. Seat of justice, Alvarado. Present Boundary of Alameda County. — After changes which it is unnec- essary to follow here, the boundaries of Alameda County, as at present defined in the Political Code of California are: Beginning at the southwest corner, being the com- mon corner of San Mateo, Santa Clara and Alameda, as established in Section three thousand nine hundred and fifty-one; thence easterly on northerly line of Santa Clara, as established in Section three thousand nine hundred and fifty-two, to com- mon corner of San Joaquin, Stanislaus, Santa Clara and Alameda, as established in Section three thousand nine hundred and thirty-two; thence northwesterly, on the west line of San Joaquin County, to the slough known as the Pescadero, being the west channel, or old San Joaquin River; thence westerly in a straight line, until it strikes the dividing ridge, in the direction of the house of ]os6 Harlan, in Amador Valley; thence westerly along said ridge, crossing the gulch one-half mile below Prince's Mill; thence to and running upon the dividing ridge between the Redwoods known as the San Antonio and Prince's Woods; thence along said ridge to the head of the gulch or creek (Cerrito Creek) that divides the ranchos of the Peraltas from the San Pablo Ranchos; thence down said gulch to its mouth; thence southwesterly to the common corner of San Francisco, Contra Costa, and Alameda, as established by Section three thousand nine hundred and fifty; thence southerly to a point in the Bay of San Francisco that would intersect a line parallel with the north line of the Central Pacific Railroad Company's wharf (as it now i.s) if extended five 'hundred feet toward Yerba Buena Island; thence southeasterly in a line parallel with the east line of the City and County of San Francisco (which is the line now dividing said city and county from the County of Alameda) to its intersection with the south line of said city and county, as established in Section three thousand nine hundred and fifty; thence easterly along said last-mentioned line to the northeast corner of San Mateo; and thence southeasterly along the eastern line of San Mateo to the place of begin- ning. Horace A. Higley's survey and map of Alameda County, 1857, are declared to contain a more particular description of the line out of the Bay of San Francisco. County seat, City of Oakland; provided that nothing in this Act contained shall be construed to place "Yerba Buena Island," or any part thereof, outside the limits of the City and County of San Francisco, but the same shall be deemed to be within said city and county, and the westerly boundary line of the County of Alameda shall 168 History of Alameda County, California. not come within two thousand and five hundred feet of any part of said island. [Amendment approved March 30, 1874; Amendments 1874-5, 168, took effect six- tieth day after passage.*] Senatorial Districts.— In the first partition of the State, Contra Costa was attached to Santa Clara County for Senatorial purposes. On the creation of Alameda County, she was joined to Santa Clara, and formed into the Fourth Senatorial Dis- trict, and thus she continued until created into the Ninth Senatorial District. By the Act approved March 16, 1874, Alameda County was designated as the Fourteenth Senatorial District, to have two Senators, and as such she has remained until the present session of the Legislature, when the State was re-districted, and Alameda County formed into the Sixteenth, Seventeenth, and Eighteenth Senatorial Districts, with one Senator for each. The First, Fourth, and Sixth Wards of the City of Oak- land, together with the election precincts of West Berkeley, Bay, and Ocean View, constitute the Sixteenth Senatorial District; the Second, Third, Fifth, and Seventh Wards of the City of Oakland, together with the election precincts of East Berkeley, Temescal, and Piedmont, constitute the Seventeenth Senatorial District; and that portion of Brooklyn Township outside of the City of Oakland, together with the Townships of Alameda, Eden, Washington, and Murray, constitute the Eighteenth Senatorial District. Congressional Districts. — When originally created, Alameda County, with those of Contra Costa, San Joaquin, Tuolumne, Mono, Calaveras, Amador, El Dorado, Sacramento, Placer, Nevada, and Alpine were defined as the Second Con gressional District, but by the Act approved March 30, 1872, Mono was segregated therefrom, and embodied in the Fourth District. The Legislature, kt its recent session (1883), constituted the Counties of Yolo Sacramento, Solano, Contra Costa, Marin, and Alameda into the Third Congressional District. Judicial Districts. — The State of California was divided into Judicial Dis- tricts March 29, 1850, and John H. Watson became Judge of the Third District' which comprised the Counties of Contra Costa, Santa Clara, Santa Cruz, and Mon- terey. On the creation of Alameda County, she still continued a portion of that district, and so remained until the establishment of Superior Courts. Court of Sessions. — The tenth section of the Act creating the County of Ala- meda reads: "The County Judge and two Associate Justices of the Peace that may be elected from among themselves, shall form a Court of Sessions for the transaction of all county business authorized to be transacted by Boards of Supervisors in other counties of the State." Courts of Session were first established by Act of the Leg- islature, dated April II, 1850, when by legislative enactment they were abolished * The original section after the words "down said gulch to its mouth," proceeded as follows: Thence westerly to the easterly line of San Francisco, as established in Sectiort three thousand nine hundred and fifty; thence southeasterly along the line of San jFrancisco and San Mateo to the place of beginning. Horace A. Higley's survey and map of Alameda County, 1857, are declared to contain a more particular description of the line out of the Bay of San Francisco. County seat, San Leandro. Legislative History of the County. 169 and succeeded by Boards of Supervisors, May 3, 1852, thus it is that we find the first-mentioned body specially delegated to perform the duties of the last-named. The Court of Sessions, in which body, as we have said, was vested the entire general civil business of the county. The duties imposed upon this organization were multifarious. They made such orders respecting the property of the county as they deemed expedient, in conformity with any law of the State, and in them were vested the care and preservation of said property. They examined, settled and allowed all accounts chargeable against the county; directed the raising of such sums for the defraying of all expenses and charges against the county, by means of taxation on property, real and personal, such not to exceed, however, the one-half of the tax levied by the State on such property; to examine and audit the accounts of all officers having the care, management, collection, and disbursement of any money belonging to the county, or appropriated by law or otherwise, for its use or benefit. In them was the power of control and management of public roads, turn- pikes, fences, canals, roads, and bridges within the county, where the land did not pro- hibit such jurisdiction; and make such orders as should be requisite and necessary to carry such control and management into effect; to divide the county into townships, and to create new townships, and change the division of the same as the convenience of the county should require. They established and changed election precincts; controlled and managed the property, real and personal, belonging to the county, and purchased and received donations of property for the use of the county, with the proviso, that they should not have the power to purchase any real or personal property, except such as should be absolutely necessary for the use of the county. To sell and cause to be conveyed, any real estate, goods, or chattels belonging to the county, appropriating the funds of such sale to the use of the same. To cause to be erected and furnished, a Court House, jail, and other buildings, and to see that the same are kept in repair, and otherwise to perform all such other duties as should be necessary to the full discharge of the powers conferred on such Court. Terms were ordered to be held on the second Monday of February, April, June, August, October, and December, with quarterly sessions on the third Monday of February, May, August, and November of each year. The first meeting of the Court of Sessions of Alameda County was held at Alvarado, June 6, 1853, Hon. Addison M. Crane, County Judge, and Messrs. I. S. Long, and David S. Lacy being Associate Justices of the Peace, when six townships were created; but before enumerating these let us see how what is now Alameda County was originally divided. On April 17, 1850, Contra Costa was partitioned off into three townships, the two, however, which bear especially upon our subject being Martinez and San Antonio. The limits of the former were: " Commencing at the boundary line of Contra Costa County in the Suisun Bay, at the western boundary line of New York Township; thence along the western boundary line of said township to its termination on the county line, two miles below, or south of Livermore's Rancho; thence along the east- ern boundary Ime and down the middle of Alameda Creek to its mouth; thence along the -boundary line of Contra Costa County to a point on the bay opposite the mouth of the creek running down from the Moraga Redwoods; thence up the middle of 12 170 History of Alameda County, California. said creek to where it forks, about three miles below the Redwoods; thence along the summit of said ridge to an elevated point of land known as Cape Horn; thence in a direct line to Pinole Point, at the mouth of the Straits of Carquinez, and to the mid- dle of the straits, to the northern boundary line of the county of Contra Costa; thence through the middle of the Straits of Carquinez along said county line to the place of beginning"; while those of the latter were defined as: "Commencing at the north- western boundary line of Martinez Township, on the northern boundary line of Con- , tra Costa County; thence along the western boundary line of Martinez Township to its termination on the eastern boundary line of San Francisco Couhty; thence along the western boundary line of Contra Costa County, at low-water mark, to Golden Rock; thence up the middle of San Pablo Bay to the place of beginning." These townships were, however, found to be too unwieldy. Thereupon, on the petition of certain citizens in the eastern portion of Martinez Township, praying that a portion of it should be set off and recognized as a separate division, the county organized the Township of Alameda as follows: "Commencing at the mouth of the Redwood Creek; thence running up said creek near the Redwoods; thence east to the source of the Arroyo San Ramon; thence down the San Ramon to its junction with the Euguarto; thence in an easterly direction to the eastern boundary line of the county, at the boundary line of New York and Martinez Townships; thence along the eastern boundary of the county and township to the place of beginning.'' Upon the petition of the citizens of San Antonio Township, the Board of Supervisors, who had undertaken the affairs of the county under the Act of the Legislature passed May 3, 1852, on August 12th, defined the Township of Contra Costa: "That said Township of San Antonio be divided, and ordered that the portion of said township being embraced within the limits of the Town of Oakland be set apart, and designated the Township of Contra Costa; and that the balance of the present Township of San Antonio remain as the Township of San Antonio." Still, the townships would seem to have been too large, for the Board of Supervisors, under date October i8, 1852, created the Township of San Pablo, and declared its boundaries to be: " All that portion of San Antonio Township from the Martinez Township line to the Cerrito of San Pablo, be set off from the said Township of San Antonio, and the same be called the Township of San Pablo." Besides these, the Townships of San Lorenzo and San Antonio were created in the following manner: " That Alamo Township, with the present boundary terminating towards the west, with the highest point on the ridge of the Contra Costa Range, and San Antonio Township with its present boundary from Cerrito down to the San Lorenzo Creek, and two townships be created, the San Antonio Township to extend from Cerrito of San Pablo to San Lorenzo, and desig- nated the Township of San Antonio; and from San Leandro Creek to the boundary line of Santa Clara County be designated San Lorenzo Township." The boundaries of Washington Township, as it was when a portion of Santa Clara County, are described as follows: " Commencing at the old Santa Clara Bridge on the Guadalupe River, and running a northeasterly line to the county line; all north of this line bounded on the west by the Guadalupe River shall constitute this township." Upon the creation of Alameda, in 1853, this territory was segregated from Santa .Clara and thus its ancient associations were given to the newly-formed county. Legislative History of the County. 171 Original Townships of Alameda County. — We have remarked above that the first duty of the newly-organized Court of Sessions at their sederunt on June 6, 1853, was the partitioning of Alameda County into townships. These were as fol- lows: — Oakland. — Bounded as specified in Chap. CVII., Statutes of 1852. On the northeast by a straight line at right angles with Main Street, running from the Bay of San Francisco on the north to the southerly line of the San Antonio Creek, or estu- ary, crossing Main Street at a point three hundred and sixty rods northeasterly from "Oaiklarid House," on the corner of Main and First Streets, as represented on Portoi's Map of Contra Costa, on file in the office of the Secretary of State, thence down the southerly line of said creek, or slough, to its mouth in the bay; thence to ship chan- nel; thence northerly and easterly by the line of ship channel to a point where the same bisects the said northeastern boundary line. Contra Costa. — Bounded on the north by the north line of the county; on the south and southwest by the west line of the county and the northeast hne of the town- ship of Oakland, commencing for the southern boundary at the northwest corner of Oakland Township, and thence running southeast along the northwest line of said township to the Indian Gulch; thence up said gulch easterly to the summit of the mountains; thence east to the east boundary of the county; thence northerly along said east line to the northeast corner of said county. Clinton. — Bounded on the north by the townships of Oakland and Contra Costa; on the west by the west line of the county; and for the south and east boundaries, commencing at the point where the United States surveyed township line passing east and west between the San Leandro and San Lorenzo Creeks crosses the west line of said county; and thence running east along said township line to the summit of the Coast Range Mountains; and thence north to the east line of the county; and thence along said east line to place of beginning. Eden. — Commencing at the southwest corner of Clinton Township, and thence running east along the south line of. said township to the summit of the Coast Range of mountains; thence along said Coast Range summit southerly to the Alameda Creek, and thence down said creek to the west line of the county and thence along said west line northerly to place of beginning. Washington. — Bounded on the north by the township of Eden; on the east by the summit of the Coast Range of mountains; on the south by the south line of the county; and on the west by the west line of the county. Murray. — Shall embrace all the territory of the county not included in the townships before specified, and is bounded on the north and east and south by the county lines, and on the west by the summit of the Coast Range of mountains. These divisions remained intact until December 12, 1853, when the county was divided into the following five townships: — 172 History of Alameda County,- California. Oakland. — Bounded on the north by the north line of the county; on the west and southwest by the west line of the county, following the bay to the north branch of San Antonio Creek; thence south and southeasterly up the north branch of said creek to Indian Gulch; thence up said gulch to the summit of the Coast Range of mountains; thence east to the eastern boundary of the county; thence northerly along said east line to the northeast corner of the county. Clinton. — Bounded on the north by Oakland Township; on the west by the west line of the county, and on the south and southeast by San Leandro Creek; thence following said creek and gulch to the summit of the Coast Range of mountains; thence north to the east line of the county; thence along said east line to place of beginning. Eden. — Bounded on the north by Clinton Township, following the line of said township from the bay to the summit of the Coast Range of mountains; thence along said Coast Range summit southerly to the Alameda Creek; thence down said creek to the we.st line of the county; thence northerly along said west line to place of begin- ning. Washington. — Bounded on the north by Eden Township; on the east by the summit of the Coast Range of mountains; on the south by the south line of the county, and on the west by the west line of the county. Murray. — Shall embrace all the territory of the county not included in the town- ships before specified, and is bounded on the north, east, and south by the county lines,, and on the west by the summit of the Coast Range of mountains. Present Township Boundaries. — This now brings us to the townships which obtain at the present writing. These were made the subject of a redistribution by the Board of Supervisors on January 5, 1878, and are bounded as follows: — Alameda. — Commencing in the center of Harrison (formerly Washington) Avenue at Fernside Station, on the Alameda Railroad; thence along the center of Washington Avenue to Park Street; thence down the center of San Antonio Creek, and along the deepest water channel to the westerly boundary of Alameda County; thence southeasterly along the boundary of said county to an angle thereof; thence easterly along said county line, and continuing in the same direction to a point in a line with the line dividing sections thirty-one and thirty-two, township twck south, range three west; thence north along the section line, and continuing to the northeast corner of lot one, section nineteen, same township and range; thence northerly to the center of Brickyard Slough at the mouth thereof; thence along the center of Brickyard Slough to the place of beginning. Brooklyn. — Commencing at the center of the Thorn Road (the same being the road leading from East Oakland to Moraga Valley), where the same crosses the line dividing the counties of Alameda and Contra Costa, on the summit of the mountains being also the easterly corner of Oakland Township; thence southwesterly along the cen- ter of said road to the head of Indian Gulch; thence down said gulch to the north branch of the estuary of San Antonio (the same being now known as Lake Merritt); thence Legislative History of the County. 173 down said branch,. following the deepest water channel thereof, to said estuary; thence easterly along the deepest water channel of said estuary and along the slough to the bridge crossing the same on Park Street; thence along the center of Washington Avenue to Fernside Station on the Alameda Railroad; thence along the center of Brickyard Slough to the mouth' thereof; thence in a southerly direction to the north- east corner of lot one, section nineteen, township two south, range three west; thence south along the section line to the southwest corner of section twenty-nine, same town- ship and range aforesaid; thence east to the intersection of the road leading northerly to Halverson's Landing on the south line of lot six, section twenty-eight; thence along said road to Halverson's Landing, on the San Leandro Creek; thence up the center of said creek, following the meanderings thereof, to the intersection of the line divid- ing the counties of Alameda and Contra Costa; thence northwesterly along said county line to the place of beginning. Eden. — Commencing at a post set at the junction of North Creek and Alameda Creek; thence up North Creek, following the meanderings thereof to the "Mathewson Ditch " ; thence up said ditch to the road leading from Alameda to the Half-wiy House, on the mountain road; thence north 45 ^° east, one hundred and eight and six-hundredths chains to a point on C. Gresel's land, at which the line of the " Math- ewson Ditch" produced intersects the old township line between Eden and Washington Townships, from which point the southwest corner of said Gresel's land, and the north- west corner of George Emmerson's land, bears south i8^°, west four and two-hun- dredths chains; thence east along the old township line four hundred and sixty-eight and ninety-seven-hundredths chains to a post on the top of a rock mound on the summit of the range of hills forming the westerly boundary of Murray Township, from which point the quarter-section corner in the center of section twenty-two, town- ship three south, range one west, bears south 81 j{°, west seventeen and ninety-three- hundredths chains, and the house of Joseph Davis bears north 78°, west twenty chains, the same being the township corner as established by survey of L. Castro, County Surveyor of Alameda County, and filed in the office of the County Clerk of Alameda County, June 12, 1871; thence north along the summit of the mountains to the inter- section of the line dividing Alameda and Contra Costa Counties, intersecting said •county line on the line dividing sections thirty-three and thirty-four, township two south, range one west; thence along said county line in a northwesterly direction to the intersection of San Leandro Creek; thence down said creek, following the mean- derings thereof, to Halverson's Landing; thence southwesterly along the road leading to Bay Farm, to the south line of lot six, section twenty-eight; thence west along the south line of section twenty-eight and the south line of section twenty-nine, township two south, range three west; thence west to the southwest corner of said section twenty- nine, the same being on the line of Alameda Township, and being also the southwest corner of Brooklyn Township; thence south to the southeast corner of Alameda Town- , ship; thence west to the Alameda County line intersecting the same at the easterly angle thereof; thence southeasterly along the county line to a point due west of the mouth of Union City Slough; thence east to the mouth of said slough; thence up said slough to a post at the junction of North Creek and Alameda Creek, the same being the place of beginning. 174 History of Alameda County, California. Murray. — The township of Murray shall be bounded as follows: On the north, east, and south by the boundary of Alameda. County, and for a westerly boundary, commencing at the intersection of the Arroyo Honda, by the southern boundary of Alameda County; thence down the center of Calaveras Creek to the Alameda Creek; thence down the center of Alameda Creek to the intersection of the line dividing the east half of section twelve, township four south, range one west, from west half of said section ; thence north along the quarter section line to the north line of section thirty-six, township three south, range one west; thence west along the north line of sections thirty-six and thirty-five to the summit of the mount- ains; thence in a northwesterly direction, following the summit of the mountains along the easterly boundaries of Washington and Eden Townships, to the northerly bound- ary of Alameda County intersecting the same on the line dividing sections thirty- three and thirty-four, township two south, range one west. Oakland. — The township of Oakland shall be bounded on the north and northeast by the line dividing Alameda and Contra Costa Counties; on the west and southwest by the southwesterly boundary of Alameda County on the Bay of San Francisco; and for a southeasterly and southerly boundary, as follows: Commenc- ing on the summit of the mountains in the center of the Thorn Road (the same being the road leading from East Oakland to Moraga Valley) where the same crosses the line dividing the counties of Alameda and Contra Costa ; thence southwesterly along the center of said road to the head of Indian Gulch ; thence down said gulch to the north branch of the estuary of San Antonio (the same being now known as Lake Merritt); thence down said north branch of the estuary of San Antonio and along the deepest water channel of said estuary, and continuing in the same direction to the southwesterly boundary of Alameda County. Washington. — Commencing at a post set at the junction of North Creek and Alameda Creek; thence up North Creek, following the meanderings thereof, to the "Mathewson Ditch"; thence up said ditch to the road leading from Alvarado to the Half-Way House, on the Mountain Road ; thence north 45 %°, each one hundred and eight and six-one-hundredths chains to a point on C. Gresel's land, at which the line of the " Mathewson Ditch" produced intersects the old township line between Eden and Washington Townships, from which point the southwest corner of said Gresel's land, and the northwest corner of George Emmerson's land, bears south i8j^°, west four and two-one-hundredths chains ; thence easterly along the old township line four hundred and sixty-eight and ninety-seven-one-hundredths chains to post on the top of a rock mound on the summit of the range of hills forming the westerly boundary of Murray Township, from which point the quarter section corner in the center of section twenty-two, township three south, range one west, bears Bi}(°, west seventeen and ninety-three-one-hundredths chains, and the house of Joseph Davis bears north 78°, west twenty chains, the same being the township corner as established by survey of L. Castro, County Surveyor of Alameda County, and filed in the office of the County Clerk of Alameda County, June 12, 1871 ; thence in a southeasterly direction along the summit of the mountains to the north line of section thirty-five, township three south, range one west ; thence east to the northeast corner of the northwest quarter Legislative History of the County. 175 of section thirty-six ; thence south along the quarter section line to the Alameda Creek, intersecting the same on the line dividing the east half from the west half of section twelve, township four south, range one west ; thence up the center of said creek to the junction of the Arroyo Laguna.; thence up the center of Calaveras Creek to the Arroyo Honda; thence up the Arroyo Honda to the intersection of the south- erly boundary of Alameda County ;.thehce westerly along 'the southerly boundary of Alameda County to the summit of Monument Peak ; thence southwesterly along the county line to the Bay of San Francisco ; thence northwesterly, following the south- westerly boundary of the county, to a point due west of the mouth of Union City Slough ; thence to the mouth of said slough ; thence up said slough to a post at the junction of North Creek and Alameda Creek, the same being the place of beginning- Board of Supervisors. — Up until the passage of the Act of March 9, 1855, which created a Board of Supervisors for Alameda, the Court of Sessions had full control of the affairs of the county; it was repealed, however, April 3, 1856, that Act ordering that the county should, in all respects, be subject to the provisions of "An Act to Create a Board of Supervisors in the Counties of this State, and Define their Duties and Powers," approved March 20, 1855, which Act, with subsequent amend- ments, has been the law under which the several Boards have since acted. The first Board of Supervisors for Alameda County consisted of Henry C. Smith, Washington Township; J. W. Dougherty, Murray Township; S. D. Taylor, Eden Township; J. L- Sahford, Clinton Township ; James Millington, Alameda Township ; J. L. Sanford, Oakland Township ; Mr. Dougherty being chosen Chairman. Election Precincts. — When the vote for the Old Constitution was taken on November 13, 1849, there were but three election precincts within what was then known as Contra Costa County — namely, at the Moraga Redwoods, Martinez, and San Antonio (now Brooklyn, Alameda County). For the election of April i, 1850, the precinct of New York was added to those already created, while, on October 7th of the same year, the precincts were Martinez, San Antonio, San Ramon (Dublin), and New York. The first record, however, which we can find of a distribution of ■voting precincts is f r the election called for September 3, 1851, when the following polling places were eslablished: At the Court House in the town of Martinez, and the house of Jos6 Maria Amador, for the township of Martinez; the houses of Victor Castro and Vicente Peralta, in and for the township of San Antonio ; and the house of William W. Smith in Antioch, and at the Lower Ferry on the San Joaquin River, in and for the township of New York. The polls in Washington Township were at the store of H. C. Smith, an election being there held on May 4, 1850, when Lone Kemble was Inspector. These, with a few additions, continued until the creation of Alameda County, when, August i, 1853, the following were declared the first election precincts: In Washington Township, at the mission of San Jos^ at the room next easterly of Howard & Chamberlain's store; and at the town of Alvarado, at the room there used for a Court lion : In Eden Township, at the house of William Hayward, and at the hous? ot ^ Cowlcs. In Clinton Township, at the house of James B. Larue, and at the hou- c: C --.: ■ J'.ay, and at the saw-mill of Tupper & Hamilton. In Oak- land Township, at th. "fice of A. Marier. In Contra Costa Township, at the house 176 History of Alameda County, California. of Seth R. Bailey, and at the house of A. E. Hutchinsdn. In Murray Township, at the house of Michael Murray. Naturally, when the. increase of population has been so great, the precincts enumerated above have proved insufficient for the wants of the voters, until at the election called for November 7, 1882, the number of precincts were forty, as follows: Alameda Township: Alameda, Nos. One, Two, and Three; Brooklyn Township: Brooklyn, No. One, two precincts; Brooklyn No. Two; Oakland Township: Berkeley, West Berkeley, Bay Precinct, Temescal, Ocean View, Piedmont; Oakland City: First Ward, three precincts ; Second Ward, two precincts ; Third Ward, two precincts ; Fourth Ward, two precincts; Fifth Ward; Sixth Ward, two precincts. Eden Township, San Leandro, San Lorenzo, Haywards, Mt. Eden, Castro Valley; Washington Township: Alvarado, Centreville, Mission San Jos4 Niles, Newark; Murray Township: Sunol^ Pleasanton, Dublin, Livermore No. One, Livermore No. Two, Altamont. Road Districts. — Another criterion of the rapid development of a hitherto sparsely-peopled country is the want immediately felt for carefully laid out roads and easy means of transport. He who has experienced such a desire can fully appreciate the comfort of well-graded thoroughfares and smoothly macadamized streets. The scarcely- to-be-recognized trails give place, as if by magic, to the skill of the surveyor; the dangerous ford to the well-built bridge and the impenetrable undergrowth to the road-maker's ax. In a few short years miraculous changes are worked, and science brings places within comfortable travel and neighbors within ken. Contra Costa in the pre- American days was not a whit better off than the neighboring counties ; when the first roads were laid out, however, we have been unable to trace, but the records of the Court of Sessions inform us that as early as July 20, 1850, the county was partitioned into districts and the following roads declared public highways: — One and Two. — From Martinez Xo Pueblo de San Jos4 divided into two districts, the first being from Martinez to the farm of Francisco Garcia ; the second from thence to the line dividing the counties of Contra Costa and Santa Clara, the overseers appointed being respectively N. B. Smith and Joseph Rothenhostler. Three. — The streets in the town of Martinez were declared to be District Number Three and . placed under the supervision of A. Van Heme Ellis. Four. — The road then usu- ally traveled from Martinez by the house of Salvio Pacheco to the town of New York of the Pacific was classed as District Number Four, with Henry F. Joye, Over- seer. Five. — The road from the Moraga Redwoods to that leading from Martinez to San Jos^, terminating on said road nearly equidistant from Martinez to the house of Widow Welch, was established as District Number Five, and E. Miller appointed Overseer. Six. — The road usually traveled from the rancho of Vicente CaStro by the rancho of Elam Brown, intersecting the road from the Moraga Redwoods to Martinez near the house of Jonah Bernell was defined as District Number Six, and Elam Brown appointed Overseer. Seven. — The road leading from the crossing of the San Joaquin to the Pueblo de San Jos^ by the rancho of Robert Livermore, and to where it inter- sects that leading from Martinez to the Pueblo de San Jos^ as belonged to the county of Contra Costa, was declared to be District Number Seven,- and placed in charge of Greene Patterson, Overseer. cyc>^^ iyl^cc4i^ e^w;*^ Legislative History of the County. 177 After the creation of Alameda, the matter of public highways throughout the county attracted considerable attention. The "Carpentier-Gilman Bridge" had been already established, but this was a private enterprise where exorbitant tolls were levied, but so soon as the official machinery was in working order, petitions for roads began to flock in, the first to be declared a "public highway," being the thoroughfare then traveled, leading from the county line east of the Mission de San Jos^ and to said mission; thence through Amador Valley, and known as the Stockton Road- But we have not the space at our disposal to follow the hundreds of petitions for road purposes as they appear in the records of the Court of Sessions and Board of Super- visors. To give even an outline of each would more than fill a volume of no ordinary proportions. As the fertile districts were settled, each new arrival felt the want of some avenue of outlet from his homestead; connection was needed with the main arteries of traffic; the inevitable petition to the authorities was transmitted to the proper quarter, and, where the necessity was proved, never was the prayer rejected. With the opening out of fresh highways, more districts were imperatively necessary; with the creation of these districts, it was as necessary to appoint Overseers, and now Ala- meda County is blessed with a large number of districts and a net-work of roads, better than which there are none in California. On June 6, 1853, the Court of Sessions ordered that the county should be parti- tioned into the following seven Road Districts: — Road District No. I, to embrace the highway leading from Union City to the Mission San Josd, extending two miles each side thereof, of which Charles Breyfogle was appointed Supervisor. Road District No. 2, to embrace the highway leading from the Mission San Jose, running in the direction of the Pueblo de San Jos4 to the county line of Santa Clara County, of which William H. Chamberlain was appointed Supervisor. Road District No. 3, to embrace the highway leading from Mission San Jos^ in the direction of Stockton, through the Amador Valley, to the crossing of the Alameda Creek, of which A. Marshall was appointed Supervisor. Road District No. 4, to embrace that part of the highway leading from the Mis- sion San Jos^ to Stockton, which lies between the Alameda Creek and the house of Robert Livermore, of which Robert Livermore was appointed Supervisor. Road District No. 5, to commence at a point opposite the house of Robert. Liv- ermore, and thence embrace all that part of the main traveled highway leading to Stockton, up to the east line of the county, for which a Supervisor was appointed. Road District No. 6, to commence at the town of Oakland and run thence along the highway, extending two miles each side thereof, to the house of Vicente Peralta, of which Francis K. Shattuck was appointed Supervisor. Road District No. 7, to commence at Oakland and run thence to the north line of the county, near the house of Vicente Peralta, and R. M. Randall was^ appointed. Supervisor, his jurisdiction to extend two miles each way from the above line. It was at the same time ordered that Road Districts Nos. 2, 3, and 5 should extend two miles each side of the highways designated as their boundaries. At the present time the Road Districts are thirty-four in number, as follows: Alvarado, Sebastian Franz, Overseer; Alviso, James Hawley; Bay; Brooklyn, J. P. 178 History of Alameda County, California. Condon; Castro Valley, John Cahill; Centreville, James A. Trefry; Cosmopolitan, J. C. Whipple; Dublin, William Tehan; Eden Vale, J. H. Davis; Inman, J. Galway; Laurel, James King; Lincoln, E. Munyan; Mission San Jos^ D. C. Hibbard; How- ry's Landing, Edward Ryan; Mount Eden, E. Clawiter, Jr.; Murray, Philip Thorn; Niles, Thomas Bonner; Newark, G. G. Healey; Ocean View, B. D. Boswell; Peralta> H. C. Babcock; Polamares, W. J. Ramage; Piedmont, J. O'Connor; Pleasanton, L. M. Lyster; Redwood, E. D. Brown; Rosedale, L. Hollenbeck; San Lorenzo, Leonard Stone; Summit, C. Elliott; Sunol, J. Madden; Stony Brook, J. D. Farwell; Temescal. E. J. Sayer; Townsends, W. W. Wynn; Vallecitos, E. H. Frick, Jr.; Warm Springs' R. J. Horner; Washington, J. N. Smith. School Districts. — The first School Districts in Alameda County were divided in consonance with the townships which then obtained, but such a partition embraced too large a territory, therefore alterations became necessary, like in the townships themselves. Boundaries and limitation lines were perpetually being altered at the solicitation of innumerable petitioners. The authorities, ever with an eye to the people's welfare, in most cases granted the prayer, until, after an infinity of rectifi- cations, the present school districts of the county number forty-five, and are named: Alameda, Alvarado, Alviso, Bay, Castro Valley,, Centreville, Cosmopohtan, Eden Vale. Eureka, Fruit Vale, Green, Harris, Inman, Laurel, Lincoln, Livermore, Lockwood> May, Melrose, Midway, Mission, Mountain House, Mowry's Landing, Murray, Niles, Oakland, Ocean View, Polamares, Peralta, Piedmont, Pleasanton, Redwood, Rosedale, San Lorenzo, Stony Brook, Supimit, Sunol, Temescal, Townsend, Union, Vallecitos, Vista, Warm Springs, Washington, Wilson. POLITICAL HISTORY. We now come to the second branch of the Legislative History of Alameda, namely, that which may be termed the Political History of the County. This, it is to be feared, however, may be considered a misnomer, as in the rest of this chapter much will be found which in itself has no political significance, while a considerable amount may be recognized as purely political. All our information has been garnered from the well-kept records of the Court of Sessions and Board of Supervisors, who, though exercising political functions, still have authority over affairs not political; therefore the remarks made below may be said to relate more to the government of the county, than to its politics. Mexican Government. — ^The following interesting account of the political aspect of California, found among the papers left by the late Doctor John Marsh, of Contra Costa County, has been kindly placed at our disposal by Hon. W. W. Camron of Oakland, and will be read with interest as being the remarks of a polished scholar and gentleman, who had at the time of the acquiring of the State by the United States, ' been more than ten years a resident of California. After the decease of General Figueroa (who governed Alta California from 1833 to 1835) the right to govern was assumed by Gutierrez (1835), the senior officer of the military, and Estudillo, the oldest member of the Legislature, or Primer Vocal, to whom it appertained as a matter of right by the civil law; but as might is apt to Political History of the County. 179 decide matters of right all over the world, and more particularly in Spanish America, he retained the command until the Spring of 1836. At this time a new Governor arrived from Mexico in the person of General D. Mariano Chico, member of the Mex- ican Congress, and with many long and magnificent titles. His first act was to issue a proclamation in most .grandiloquent terms, greatly praising the docility and patriotism of the people of the country, and telling them that they owed him a debt of gratitude for having left his dear wife and belovfed children, and taken so long a jour- ney, from pure love of the people of California and his desire to serve them. He was the friend to Victoria (the Governor who ruled in . the year 1 829), pursued the same outrageous course of conduct, and shared the same fate. He arrived fully determined to take vengeance on those individuals who had been chiefly instrumental in expelling Victoria. Like him he chartered a vessel in which to send his opponents to Mexico, not omitting the American gentleman whom Victoria had attempted to send ; and, to . complete the parallel, he was himself compelled to leave the country in the same vessel he had designed for his adversaries. Gutierrez then assumed the command a second time. A few months after this event, Don Juan B. Alvarado, who, at that time, held a subordinate employment in the Custom House, had a quarrel with the com- mandant, Gutierrez, relative to the posting of a guard of soldiers on the beach, whether to assist or prevent the smuggling of a vessel in port was best known to the parties concerned. High words and mutual threats ensued. Alvarado went in the night to consult his friend, Jos^ Castro, and the next' day, they both went to the Pueblo de San Jos^, and thence to Sonoma to confer with the officer in command of. that post. They mutually agreed to expel Gutierrez, and all the Mexican employes of every class. They assembled in haste a few people from the neighboring farms, and repaired to Monterey in a secret manner. In this promiscuous assemblage were about twenty or thirty foreigners ; some five or six were American hunters. These were under the command of I. Graham, a hunter from Kentucky, and John Coppinger, an Irishman. They took possession of the old fort without opposition, and fired one shot at the pre- sidio in which the Mexicans were. Negotiations immediately took place, which ended in a capitulation of all the Mexicans, who were forthwith embarked for the coast of San Bias (a port in the State of Guadalaxara,. Mexico). The California patriots, who had succeeded beyond their own expectations, hardly knew what to do with their cheaply bought victory. They, however, issued various contradictory proclamations, in one of which they declared themselves independent of Mexico until the re-establishment of the Federal Constitution. Alvarado was declared Governor (i 836), and General M. G. Val- lejo. Military Chief All this was done by the people of the northern part of the country, and particularly of Monterey, while all the southern districts were opposed to the new order of things. After a series of bloodless campaigns and paper battles, peace was restored by giving ample spoils from the missions to the principal aspi- rants. Mexico, in the meantime, fulminated furious proclamations and awful threats against, such unnatural sons of the Republic. After Alvarado had enjoyed his usurped authority about a year, he was acknowl- edged as legitimate Governor by Mexico (1838); and he himself, with the greatest facility, swore fealty to the Central Government. The administration of Alvarado, as the only one in which the Government had been for any length of time in the hands 180 History of Alameda County, California. of a native, for its long duration and for the important events which took place under it, must be considered as the most important era in the Mexican domination over California. It has become a portion of the history of the country, and as such has become a legitimate subject for discussion. Taken as a whole, it must be regarded as an entire failure. It entirely failed to accomplish any part of the good it promised at the outset, and has only served to perpetuate the evils it proposed to remove. The friends of good order and a just administration of the laws, of whom, notwithstanding appearances, the number had always been considerable, had great hopes of seeing better times at the commencement of Alvarado's government. His constant declara- tion was: " Let me have a little time to tranquilize the country, and I will provide for the strict enforcement of the laws and the punishment of crimes and offenses." But, after being in office more than five years, he left things in a worse condition than he found them. Even if we give him credit for good intentions at the beginning, he never had the necessary knowledge, intelligence, or firmness of purpose to have done any good for the country. The whole period of -his administration was a perpetual struggle to inaintain himself in office. He was compelled to make every kind of concession to preserve even the ostensible support of pretended friends. The wealth of the missions, which at the beginning of his administration was very considerable, had, in this way, been completely exhausted. All these, together with the revenue derived from the Customs, amounting in the aggregate to a vast sum, were lavished on his relatives, partisans, and favorites, and, at last, when he had nothing more to give, he found himself deserted. (About 1849, Don Juan B. Alvarado, removed from Monterey to San Pablo, Contra Costa County, where he resided up to the time of his death, July 13, 1882.) The most prominent event in the administration of Alvarado, and the one that will be longest remembered, is his attempt to expel, by force, all the foreigners, and particu- larly Americans, from the country. The true motives which led to this step, were, for along time, involved in obscurity. The facts as far as could be known at the time are handed down by Doctor Marsh in these words: " It was secretly determined by Governor Alvarado and his friend and compadre, Don Jos^ Castro, that they would seize and transport to Mexico all the. foreigners, and particularly Americans, that were in California, and, as a pretext, they pretended that they had discovered a secret conspiracy of the foreign residents to kill the Governor, Military Commandant, and some others, and to possess themselves of the country. This was so manifestly false, that no person could be made to believe it after the first few^days. One solution of the affair is; that as Castro was at bitter enmity with Vallejo, the Military Com- mander, and desired to supplant him in his office, and knowing, at the same time, that public opinion in Mexico at the time was highly exasperated against Americans, on account of the recent defeat and disaster of the Mexican arms in Texas, and that he, by feigning the conspiracy of the Americans in California, and capturing and carrying them prisoners to Mexico, would thereby acquire to himself great merit with the Government, and by that means obtain the office to which he aspired. This opinion derived additional probabilities at the time from a knowledge of the character of Castro — artful, subtile, intriguing, utterly unprincipled, and grossly ignorant The project, however, was concerted and executed with considerable skill. Political History of the County. 181 "At an appointed time, the foreigners, who lived widely dispersed in almost every part of the country, entirely unprepared and without the least apprehension of danger, were seized and marched to Monterey' by night, strongly guarded. Isaac Graham, who has been heretofore mentioned, was captured by Castro himself, with his own chosen followers. The house was attacked at midnight, the door forced open, and a volley of fire-arms discharged at Graham and his partner, Nale, before they had left their beds. Nale received two severe wounds, and was left for dead. Graham was knocked down, severely beaten, bound and carried to Monterey, where he was heavily ironed and strictly guarded. For the next week, more or less men were daily brought in, loaded with irons, and thrust into a loathsome prison, which was so crowded that space was not left to lie down. At last the ship arrived which had been chartered to transport them, and they were marched on board like criminals, between two files of soldiers. Graham, alone, was not suffered to walk, but with his irons still upon him, was carried on board on the shoulders of Indians. The brutal treatment of these men on their voyage to San Bias, and on the route from that port to the City of Tepic, I shall not attempt to describe, as I have no desire to stir up feelings that may as well be left at rest, but it may well be believed that feelings were excited, aye, deep and burning feelings, that will not be soon forgotten by the witnesses as well as the victims of these horrible acts of cruelty and injustice. On the arrival at Tepic, they were taken from the hands of Castro and his myrmidons by the influence of the British Consul, and, although still prisoners, were treated with kindness. After a long detention, during which several of the number died, by the strenuous interposition of the British Minister in Mexico, they were fully liberated, and those who chose to return to California were sent back at the expense of the Government. From some docu- ments, which have but very recently come to light, it is rendered probable, and in fact almost certain, that the foreigners were seized and sent away prisoners by the express order of the Government of Mexico, which they were afterwards base enough to deny." So far we have gained an insight unto the feelings of some of the native Califor- nians regarding foreigners, and which shows a bitter enmity to their presence in the country. It will be our duty now to place before the reader the manner of govern- ment whereby these people were guided. 'Prior to the year 1839, not much is known of the political divisions of Upper California; on February 26th of that year Governor Alvarado dubbed it a Depart- ment, and partitioned it into three districts. In the second of these was the original Contra Costa section. The government was vested in a Governor and Departmer>tal Assembly, from which was constituted the Legislative Assembly that held its sessions in Monterey, the then capital. In order of precedence, the political officers next to, the Governor were the Prefects, having jurisdiction over districts; Sub-Prefects, Ayuntamientos or Town Councils, Alcaldes, and Justices of the Peace. We are informed, on reliable authority, the Mexican law contemplated the formation of a Superior Tribunal for each department, and that provision for the establishment of such a Court, with two lesser ones for California, had been made. The tribunal was to be composed of four Judges and one Attorney-General, the senior three of the former to sit upon the first, and the junior one on the second bench. This latter, known as the Court of Second Instance, heard appeals from the Court of 182 History of Alameda County, California. First Instance and had original jurisdiction in certain cases. The senior court sat at the capital of the Department, while that of the First Instance held its sessions at the chief town in a district, where it exercised a general jurisdiction and attended to cases involving more than one hundred dollars, those for a less sum being tried by the Alcalde and Justice of the Peace. There is no record of a Superior Tribunal ever having been established in Cali- fornia under the Mexican Government, and no Court of First Instance in San Jos^, the chief town of the district now under consideration, until 1849, when they were commissioned by the authority of the United States. The first Alcalde to be thus installed, for the Contra Costa, was the honored pioneer, Hon. Elam Brown, N. B. Smith being the first Sub-Prefect of the district. The law was administered then in a peculiarly lax manner; fortunately or unhap- pily, as the case may be, lawyers had not yet penetrated into the supposed wilds of the Pacific Slope. The Alcalde's word was the supremest effort of legal wisdom; his silver-headed cane a badge of office which the most captious must respect, and could not gainsay, while, there being no prisons, it was usual to sentence the Indian to be flogged, and others to be fined. Military Government. — Between the years 1846 and 1849 the country remained under the control of the United States military. In regard to law it was utterly at sea. A military commander controlled affairs, but there was no Govern- ment. As long as the war lasted it was only natural to expect that such would be the case, and the people were content; but after peace had been attained,- and the succession of Military Governors remained unabated, a people who had been brought up to govern themselves under the same flag and the same Constitution chafed that a simple change of longitude should deprive them of their inalienable rights. With those views General Riley, who succeeded General Persifer F. Smith, April 13, 1849, entirely sympathized. When it was found that Congress had adjourned without effect- ing anything for California, he issued a proclamation, June 3d, which was at once a call for a convention and an official exposition of the administration's theory of the anomalous relations of California and the Union. He strove to rectify the dominant impression that California was ruled by the military. That had ceased with the termination of hostilities, and what remained was the civil government, which was vested in a Governor appointed by the Supreme Government, or, in default of suchr appointment, the office was vested in the commanding military officer of the Depart- ment, a Secretary, a Departmental or Territorial Legislature, a Superior Court with four Judges, a Prefect and Sub-Prefect, and a Judge of the First Instance for each district, Alcaldes, Justices of the Peace, and Town Councils. General Riley, more- over, recommended the election, at the same time, of delegates to a convention to adopt either- a State or Territorial Constitution, which, if acquiesced in by the people, would be submitted to Congress. The proclamation stated the number of delegates which each district should elect, and also announced that appointments to the judi- ciary offices would be made after being voted for. The delegates from the district of which we then formed a portion to the Convention were Joseph Aram, Kimball H. Dimmick, J. D. Hoppe, Antonio M. Pico, Elam Brown, Julian Hanks, and Pedro Sain- sevain. Political History of the County. 183 CONOTITUTIONAL CONVENTION. — On September i, 1849, the Convention met at Moruerey, Robert Semple, of Benicia, one of the delegates from the District of Sonoma, bcinj chosen President. The session lasted six weeks, and, notwithstanding an aj^kward scarcity of books of reference and other necessary aids, much labor was performed, while the debates exhibited a marked degree of ability. In framing the original Constitution-of California slavery was forever prohibited within the jU.isdic- tion of the State; the boundary question between Mexico and the United States was set at rest; provision for the morals and education of the people made; a seal of State was adopted, with the motto EuREKA, and many other subjects discussed. The Constitution was duly framed, submitted to the people, and at the electon held on the 1 3th of November, ratified by them and adopted by a vote of twelve thousand and sixty-four for and eleven again>t it, there being, besides, over twelve hundred ballots that were treated as blanks, because of an informality in the printing. The vote of ' the District of San Jos6 on the occasion was five hundred and sixty-seven votes for and nine against its adoption, while five hJundred and seventeen votes were cast for Peter H. Burnett as Governor. In Contra Costa, on that occasion, one hundred and seventeen votes were polled at the three precincts then established; Governor Burnett received seventy-four votes; Lieutenant-Governor John McDougal thirty-one, and F. J. Lippett sixty-four, while W. R. Bascom, of San Jose, was elected Senator, and Elam Brown, of Lafayette, Contra Costa County, Joseph Aram, Dr. Ben. Cory, and J. H. Mathews were sent to the Lower House of the State Legislature, Edward Gil- bert and George W. Wright being sent to Congress. Aniong those who took a prominent part in the Convention were Hon. Chas.. T. Bottsand J. Ross Browne, who was its official reporter, both gentlemen long associated with Alameda County. We here reproduce, as curiosities, two of the tickets which were voted at the time, and distributed in and around Sacramento and the upper portion of the State: — PEOPLE'S TICKET. PEOPLE'S TICKET. FOR THE CONSTITUTION. FOR GOVERNOR, John A. Sutter. FOR LIEUTENANT-GOVERNOR, John McDougal. FOR REPRESENTATIVES IN CONGRESS, William E. Shannon, Pet. Halstead. FOR STATE SENATORS, John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A. Grant, Vernon. FOR ASSEMBLY, H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, J. Sherwood, Elisha W. McKinstry, Madison Waltham, Coloma, W. B. Dickenson, Yuba, Tames Queen, South Fork, W. L. Jenkin, Weaverville. FOR THE CONSTITUTION. FOR GOVERNOR, Peter H. Burnett. FOR LIEUTENANT-GOVERNOR, John McDougal. FOR REFRESENTATIVES IN CONGRESS, Edward Gilbert, George W. Wright. FOR STATE SENATORS, John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A. Grant, Vernon. FOR ASSEMBLY, H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, H. S. Lord, Upper Sacramento, Madison Waltham, Coloma, W. B. Dickenson, Yuba, James Queen, South Fork, Arba K Berry. Weaverville. 184 History of Alameda County, California. The popular voice also made San Jos6 the Capital; but let us here describe the interesting preliminaries attending this consummation. San Jos^ Made the State Capital. — During the session of the Conveijtion the residents of San Jos^, in public meeting assembled, elected a committee to pro- ceed to Monterey, to there use their utmost endeavors with the members to have San Jose named in the Constitution the State Capital. They found a staunch opponent at once in the person of Dr. Robert Semple, the President, who coveted the honor for his then rising towr]. of Benicia, he offering at the time that if the favorers of the San Josdscheme would agree to permit the first session to be held at the former place he doubted not but the permanent location at the latter could be readily effected. This, however, did not suit the views of San Josh's plenipotentiaries, and, as if to bait the hook, they emphatically promised to be ready with a suitable building by the i Sth of December, about the time when the Legislature would sit — a rash promise enough when is taken into consideration the fact that such an edifice had not then been completed in the town. Let us see how the pledge was redeemed. At that time there stood on the east side of what is now called Market Square, San Jos^ a large adobe structure, erected in the year 1 849 by Sainsevain and Rochon, which was meant by them for a hotel. This edifice, as the most suitable the town could offer for a State House, the -Ayuntamiento, or Town Council, proposed to rent for the Legislature, but the price asked was so exorbitant, four thousand dollars per month, that it was deemed best to purchase the building outright; but here the proprietors declared themselves unwilling to take the public authorities as security, who were consequently placed in the two-fold dilemma of being without the requisite funds to effect the purchase and no credit to rent it. Happily those citizens in whose coffers lay most of the wealth, rather than see the future glories attendant on the presence of the Legislature in San Jose glide from them, with marvelous generosity came forward to save the honor of the delegates to the Convention, as well as the credit of the Town Council, and nineteen of them executed a note for the price asked, thirty-four thousand dol- lars, with interest at the rate of eight per cent, per month from date until paid. A conveyance was made to three of their number, who held the premises in trust for the purchasers, to be ultimately conveyed to the Town Council when it could pay for them. An appropriation of fifty thousand dollars, purchase money for the build- ing, was made by the Legislature, and bonds bearing interest at the rate of two and one-half per cent, per month for that amount were issued; but the credit of the new State, unfortunately, was below par; actual cash in hand was the slogan of the vendors. The bonds were sacrificed at the rate of forty cents on the dollar, and the amount received thereby used in partial liquidation of the debt, the liability remain- ing being subsequently the cause of vexatious and protracted litigation. On Saturday, December 15, 1849, the first State Legislature of California met at San Jos(^, E. Kirby Chamberlin being elected President pro tern, of the Senate, and Thomas J. White Speaker of the Assembly. On the opening day there were only six Senators present; the following day Governor Riley and his Secretary, H. W. Halleck, arrived, and on Monday nearly all members were in their places. CO GXlyO^^ Political History of the County. 185 Members of First California Legislature. — We will now introduce to our readers a number of those of California's first Legislators — an interesting record of by-gone times: — senators. David F. Douglass.— Born in Sumner County, Tennessee, the 8th of January, 1 82 1. Went to Arkansas with Fulton in 1836. On the 17th of March, 1839, had a fight- with Doctor William Howell, in which Howell was killed; imprisoned fourteen months; returned home in 1842; emigrated to Mississippi; engaged in the Choctaw speculation; moved with the Chdctaws west as a clerk; left there for Texas in the winter of 1845-46. War broke out; joined Hays' regiment; from Mexico emigrated to California, and arrived here as a wagoner in December, 1848. M. G. Vallejo. — Born in Monterey, Upper California, July 7, 1807. On the 1st of January, 1825, he commenced his military career in the capacity of a cadet. He served successively in the capacity of Lieutenant, Captain of Cavalry, Lieutenant- Colonel, and General Commandant of Upper California. In 1835, he went to Sonoma County and founded the town of Sonoma, giving' land for the same. He was a mem- ber of the Convention in 1849 and Senator in 1850. Elcan .Haydenfeldt. — Born in Charleston, South Carolina, September 15, 1821. Emigrated to Alabama in i84i;from thence to Louisiana in 1844; to California in 1849. Lawyer by profession. Pablo DE la Guerra. — Born in Santa Barbara, Upper California, November 19, 1819. At the age of nineteen he entered the public service. He was appointed Admistrator-General ^'^ de la rentas," which position he held when California was taken by the American forces. From that time he lived a private life until he was named a member of the Convention which framed the Constitution of the State. Represents the districts of Santa Barbara and San Luis Obispo in the Senate. S. E. WoODVirORTH. — Born in the city of New York, November 15, 1815. Com- menced career as a sailor, A. D. 1832. Sailed from New York March 9, 1834. Entered the navy of the United States June 14, 1838. Emigrated to California, via Rocky Mountains and Oregon, April i, 1846. Resignation accepted by Navy Department October 29, 1 849. Elected to represent the district of Monterey in the Senate of the first Legislature of California, for the term of two years. Thomas L. Vermeule. — Born in New Jersey on the nth of June, 18 14. Immi- grated to California November 12, 1846. Did represent San Joaquin District in the Senate. Resigned. W. D. Fair. — Senator from San Joaquin District, California. Native of Virginia. Emigrated to California from Mississippi in February, 1849, as President of the "Mississippi Rangers." Settled in Stockton, San Joaquin District, as an Attorney- at-law. Elisha O. Crosby. — Senator from Sacramento District. Native of New York State. Emigrated from New York December 25, 1848. Aged thirty-four years. D. C. Broderick. — Senator from San Francisco. Born in Washington City, D. C, February 4, 1818. Emigrated from Washington to New York City March, 1824. Left New York for California April 17, 1849. E. Kirby Chamberlin, M. D. — President pro tern, of the Senate, from the dis- 13 186 History of Alameda County, California. trict of San Diego. Born in Litchfield County, Connecticut, April 24, 1805. Emi- grated from Connecticut to Onondaga County, New York, in 1 8 1 5 ; thence to Beaver, Pennsylvania, in 1829; thence to Cincinnati, Ohio, in 1842; served as surgeon in the United States Army during the war with Mexico; appointed surgeon to the Bound- ary Line Commission, February 10, 1846; embarked from Cincinnati, Ohio, February 15th; arrived in San Diego June i, 1849, and in San Jos^ December 12, 1849. J. BiDWELL. — Born in Chautauqua County, New York, 5th of August, 1819- Emigrated to Pennsylvania; thence to Ohio; thence to Missouri; thence, in 1841, to California. Term in Senate, one year. H. C. Robinson. — Senator from Sacramento; elected November 15, 1849. Bom in the State of Connecticut. Emigrated at an early age to Louisiana. Educated as a lawyer, but engaged in commercial pursuits. Arrived at San Francisco, February, 1849, per steamer California, the first that ever entered said port. Benjamin S. Lippencott. — Senator from San Joaquin. Born in New York. Emigrated February, 1846, from New Jersey. By pursuit a merchant. Elected for two years. assemblymen. Elam Brown. — Born in the State of New York in 1797. Emigrated from Massachusetts in 1805; to Illinois in 18 18; to Missouri, 1837, and Platte County, in Missouri, 1846, to California. J. S. K. Ogier. — Born in Charleston, South Carolina. Emigrated to New Orleans. 1845, and from there to California, December 18, 1848. E. B. Bateman, M. D. — Emigrated from Missouri, April, 1847. Residence, Stockton, Alta California. Edmund Randolph. — Born in Richmond, Virginia. Emigrated to New Orleans, 1843; thence to California, 1849. Residence, San Francisco. E. P. Baldwin.- -Born in Alabama. Emigrated from thence in January, 1849. Arrived in California, May i, 1850. Represents San Joaquin District. Resides in Sonora, Tuolumne County. A. P. Crittenden. — Born in Lexington, Kentucky. Educated in Ohio, Ala- bama, New York, and Pennsylvania. Settled in Texas in 1839. Came to California in 1 849. Represents the county of Los Angeles. Alfred Wheeler. — Born in the city of New York, the 30th day of April, 1820. Resided in New York City until the ist of May, 1849, when he left for California. Citizen and resident of San Francisco, which district he represents. James A. Gray. — Philadelphia, Monterey, California. Emigrated in 1846 in the first New York Regiment of Volunteers. Joseph Aram. — Native of the State of New York. Emigrated to California, 1846. Present residence, San Jose, Santa Clara County. Joseph C. Morehead. — Born in Kentucky. Emigrated to California in 1846. Resides at present in the county of Calaveras, San Joaquin District. Benjamin Cory, M. D. — Born November 12, 1822. Emigrated to the Golden State in 1847. Residence in the valley of San Josd. Thomas J. Henley. — Bom in Indiana. Family now resides in Charlestown in that State. Emigrated to California in 1849, through the South Pass. Residence at Sacramento. Political History of the County. 187 Josifi N. COVARRUBIAS. — Native of France. Came to California in 1834. Resi- dence in Santa Barbara, and representative for that district. Elisha W. McKinstry. — Born in Detroit, Michigan. Emigrated to Cahfornia in March, 1849. Residence in Sacramento District, city of Sutter. George B. Tingley. — Bom August 15, 181 5, Claremont County, Ohio. Emi- grated to Rushville, Indiana, November 4, 1834. Started for California April 4, 1849. Reached there October i6th; was elected to the Assembly November 13th, from Sac- ramento District, and is now in Pueblo de San Jos^. John S. Bradford. — Represented the district of Sonoma. At the start considerable dissatisfaction was felt in respect to the accommodation offered by the State House, and only four days after its first occupation, George B. Tingley, a member from Sacramento, introduced a bill to remove the Legislature to Monterey. It only passed its first reading and was then consigned to the purgatory of further action. Governor Burnett Assumes Office. — Governor Riley resigned his Guberna- torial functions to Governor Peter H. Burnett on the 20th of December, 1849; o" the same date Secretary of State Halleck was relieved of his duties, and at noon of the day following the new Governor delivered his first message. On this day also Colonel J. C. Fremont received a majority of six votes, and Dr. William M. Gwin a majority of two, for the United States Senate. State Capital Removed. — And now a monster enemy to the interests of San Josd appeared in the field. In the year 1850 General-Senator Mariano Guadalupe Vallejo became convinced that the capital of California should be established at a place which he designed to name Eureka, but which his colleagues in the Legislature, out of compliment to him- self, suggested should be named Vallejo. To this end the General addressed a memo- rial to the Senate, dated April 3, 1850, wherein he graphically pointed out the advan- tages possessed by the proposed site over other places which claimed the honor. In this remarkable document, remarkable alike for its generosity of purpose as for its marvelous foresight; he proposed to grant twenty acres to the State, free of cost, for a State Capitol and grounds, and one hundred and thirty-six acres more for other State buildings, to be apportioned in the following manner: Ten acres for the Governor's house and grounds; five acres for the offices of Treasurer, Comptroller, Secretary of State, Surveyor-General, and Attorney-General, should the Commissioners determine that their offices should not be in the capitol building; one acre to State Library and Translator's office, should it be determined to separate them from the State House building; twenty acres for an Orphan Asylum; ten acres for a Male Charity Hospital; ten acres for a Female Charity Hospital; four acres for an Asylum for the Blind; four acres for Deaf and Dumb Asylum; eight acres for four Common Schools; twenty acres for a State University; four acres for a State Botanical Garden; and twenty acres for a State Penitentiary. But with a munificence casting this already long list of grants into the shade, he further proposed to donate and pay over to the State, within two years after the 188 History of Alameda County, California. acceptance of these propositions, the gigantic sum of three hundred and seventy- thousand dollars, to be apportioned in the following manner: For the building of a State Capitol, one hundred and twenty-five thousand dollars; for furnishing the same, ten thousand dollars; for building of the Governor's house, ten thousand dollars; for furnishing the same, five thousand dollars; for the building of State Library and Translator's office, five thousand dollars; for a State Library, five thousand dollars; for the building of the offices of the Secretary of State, Comptroller, Attorney- General, Surveyor-General, arid Treasurer, should the Commissioners deem it proper to separate them from the State House, twenty thousand dollars; for the building of an Orphan Asylum, twenty thousand dollars; for the building of a Female Charity Hospital, twenty thousand dollars; for the building of an Asylum for the Blind, twenty thousand dollars; for the building of a Deaf and Dumb Asylum, twenty thousand dollars; for the building of a State University, twenty thousand dollars; for University Library, five thousand dollars; for scientific apparatus therefor, five thousand dollars; for chemical laboratory therefor, three thousand dollars; for a mineral cabinet therefor, three thousand dollars; for the building of four common schools, ten thousand dollars; for purchasing books therefor, one thousand dollars; for the building of a Lunatic Asylum, twenty thousand dollars; for a State Penitentiary, twenty thousand dollars; for a State Botanical Collection, three thousand dollars. In his memorial the General states, with much perspicacity, his reasons for claim- ing the proud position for the place suggested as the State Capital. Mark the single- ness of purpose with which he bases these claims: — " Your memorialist, with this simple proposition (namely, that in the event of the Government declining to accept his terms, it should be put to the popular vote at the general election held in November of that year^ — 1850,) might stop here, did he not believe that his duty as a citizen of California required hirn to say thus much in addi- tion — that he believes the location indicated is the most suitable for a permanent seat of government for the great State of California, for the following reasons: That it is the true center of the State, the true center of commerce, the true center of population, and the true center of travel; that while the Bay of San Francisco is acknowledged to be the first on the earth, in point of extent and' navigable capacities, already, throughout the length and breadth of the wide world, it is acknowledged to be the very center between Asiatic and European commerce. The largest ship that sails upon the broad sea can, within three hours, anchor at the wharves of the place which your memorialist pro- poses as your permanent seat of government. From this point, by steam navigation, there is a greater aggregate of mineral wealth within eight hours' steaming, than exists in the Union; besides, from this point the great north and south rivers — San Joaquin and Sacramento — cut the State longitudinally through the center, bringing the immense gold deposits on the one hand, and untold mercury and other mineral resources on the other; from this point steam navigation extends along the Pacific Coast south to San Diego, and north to the Oregon line, affording the quickest possible facilities for our sea-coast population to reach the State Capital in the fewest number of hours. This age, as it has been truly remarked, has merged distance into time. In the operations of commerce and the intercourse of mankind, to measure miles by the rod is a piece of vandalism of a by-gone age; and that point which can be Political History of the County. 189 approached from all parts of the State in the fewest number of hours, and at the cheapest cost, is the truest center. " The location which your memorialist proposes as the permanent seat of govern- ment is certainly that point. "Your memorialist most respectfully submits to your honorable body whether there is not a ground of even still higher nationality? It is this: that at present, throughout the wide extent of our sister Atlantic States, but one sentiment seems to possess the entire people, and that is, to build, in the shortest possible time, a rail- road from the Mississippi to the Bay of San Francisco, where its western terminus may meet a three weeks' steamer from China. Indeed, such is the overwhelming sentiment of the American people upon this subject, that there is but little doiibt to apprehend its early completion. Shall it be said, then, while the world is covet- ing our possession of what all acknowledge to be the half-way house of the earth's commerce — the great Bay of San Francisco — that the people of the rich possessions are so unmindful of its value as not to ornament her magnificent shores with a Capital worth)'-' of a great State ?" Upon receipt of General Vallejo's memorial by the Senate, a committee, com- posed of members who possessed a local knowledge of the country, Comprised in the above-quoted document, both geographical and topographical, were directed to report, for the information of the President, upon the advantages claimed for the location of the capital at the spot suggested, in preference to others. The report, in which the following words occur, was presented to the Senate on April 2, 1850: " Your committee cannot dwell with too much warmth upon the magnificent propo- sitions contained in the memorial of General Vallejo. They breathe throughout the spirit of an enlarged mind, and a sincere public benefactor, for which he deserves the thanks of his countrymen and the admiration of the world. Such a proposition looks more like the legacy of a mighty Emperor to his people than the free dona- tion of a private planter to a great State, yet poor in public finance, but soon to be iimong the first of the earth." The report, which was presented by Senator D. C. Broderick, of San Francisco, goes on to point out the necessities which should govern the choice of a site for California's capital; recapitulates the advantages pointed out in the memorial; and, finally, recommends the acceptance of General Vallejo's offer. This acceptance did not pass the Senate without some opposition and considerable delay; however, on Tuesday, February 4, 1851, a message was received from Governor Burnett, by his private secretary, Mr. Ohr, informing the Senate that he did this day sign an Act originating in the Senate, entitled " An Act to provide for the permanent location of the Seat of Government." In the meantime General Vallejo's bond had been accepted; his solvency was approved by a committeee appointed by the Senate to inquire into that circumstance; the report of the Commissioners sent to mark and lay out the tracts of land proposed to be donated was adopted, and, on May i, 1851, the last session of the Legislature in San Jos^ was completed; but the archives were not moved to the new seat of government at Vallejo at that time, the want of which was the cause of much dissatisfaction among the members. The Legislature first met at Vallejo on January 5, 1852, but there was wanting 190 History of Alameda County, California. that attraction of society which would appear to be necessary to the seat of every central government. With these Sacramento abounded, from her proximity to the mines. The Assembly, therefore, with a unanimity bordering on the marvelous, passed a bill to remove the session to that city, ball tickets and theater tickets being tendered to the members in reckless profusion. The bill was transferred to the Sen- ate, and bitterly fought by the Hons. Paul K. Hubbs and Phil. A. Roach. The removal was rejected by one vote. This was on a Saturday, but never was the proverb of '• we know not what the morn may bring forth," more fully brought to bear on any consideration. Senator Anderson, it is said, passed a sleepless night through the presence of unpleasant insects in his couch; on the Monday morning he moved a reconsideration of the bill. The alarm was sounded on every hand, and at two P. M.. on January 12, 1852, the Government and Legislature were finding their way to Sacramento by way of the Carquinez Straits. On March 7, 1852, a devastating flood overwhelmed Sacramento, and where they had before feared contamination, they now feared drowning. The Legislature adjourned at Sacramento May 4, 1852, the next session to be held at Vallejo. On January 3, 1853, the peripatetic Govern- ment met again at Vallejo, whither had been moved in the previous May the State offices. Once more the spirit of jealousy was rampant. Sacramento could not with any grace ask for its removal thither again, but she, working with Benicia, the' Capi- tal was once more on wheels, and literally carted off to the latter town for the remaining portion of the session, where it remained until a bill was passed to fix the Capital of the State at Sacramento, and thereafter clinched by large appropriations for building the present magnificent capitol there. The Capital being removed from San Jos^ the Town Council sold the State House for thirty-eight thousand dollars, which sum it was intended should be applied to the liquidation of the note mentioned above. The money, it would appear, was not so applied, therefore legal proceedings were instituted by the gentlemen holding the premises in trust for the purchasers, or their representatives, against the city, to obtain the foreclosure of a mortgage executed to them by the civic authorities in 1850, to secure the purchase of the property. A decree of foreclosure was obtained, the public lands brought to the hammer, and bought in by the trustees of the plaintiffs who had organized themselves into a land company, and claimed title to all the pueblo lands, a claim which was resisted to the bitter end by the pueblo authorities. The question of the legality of the removal was brought up in 1854, before the Supreme Court, when a majority of the Justices, Heydenfeldt and Wells, held that, according to law, San Josd was the Capital of the State, who thereupon made the fol- lowing order, March 27th: — " It is ordered that the Sheriff of Santa Clara County procure in the town of San Jos^ and properly arrange and furnish, a Court-room, Clerk's office, and consultation room for the use of the Court. It is further ordered that the Clerk of this Court forth- with remove the records of the Court to the town of San Josd It is further ordered that the Court will meet to deliver opinions at San Josd, on the first Monday in April, and on that day will appoint some future day of the term for the argument of cases. " Heydenfeldt, J. "Attest: D. K. WOODSIDE, Clerk." "Wells, J. Political. History of the County. 191 A writ of mandamus, on the strength of the above, was issued from the Third District Court against all the State officers, commanding that they should remove their offices to San ]os6, or show cause why they should not do so. The argument was heard and the theory maintained that San Jose was the proper capital of the State, whereupon an appeal was carried to the Supreme Court. In the interim Justice Wells had died, his place being filled by Justice Bryant. On the appeal, the Supreme Court decided that San Jos^ was not the State Capital, from which decision Justice Heydenfeldt dissented. Hitherto we have dwelt principally upon the establishment of the State Capital, a matter but little known to the general public ; we will now turn to the particular records of Alameda County, before touching upon which, however, we will briefly allude to the position of Contra Costa County before the year 1853. Political History Prior to 1853. — In the year 1852, and while Alameda was still a portion of Contra Costa County, an Act providing that " the stream called San Antonio Creek, in the county of Contra Costa, is declared navigable from its mouth to the old Embarcadero of San Antonio,' and no obstruction to the navigation thereof shall be permitted," was passed ; yet notwithstanding, the question has fre- quently "cropped up" since then, and indeed has been the subject of much legislation not only in our own State Capital, but in Washington also. In this year, too, the town of Oakland was incorporated, the chief promoter of the scheme being Horace W. Carpentier, while early in the following year the towns of Clinton and Oakland were commenced to be connected by a bridge across the slough of San Antonio, an affair whose history we now place before the reader, as given in a " Statement of Facts," drawn up for the State Legislature by Judge Thomas A. Brown of Contra Costa: — On October 28, 1852, the Board of Supervisors of Contra Costa County made a contract with T. C. Oilman to build a bridge across the San Antonio Creek, in Oak- land, the contract price being seven thousand four hundred dollars. It was stipulated in the contract that should the Treasurer refuse to pay any warrant or order drawn in favor of Oilman, the Treasurer having in his hands any money belonging to said county, they agreed to pay Oilman a penalty of five per cent, per month, to be deemed an interest. On March 8, 1853, the Board of Supervisors met and accepted the bridge, and made an order directing the County Auditor to draw a warrant upon the County Treasurer, in favor of Oilman, for seven thousand six hundred and sixty-two dollars and fifty cents, being the contract price of the bridge, together with interest thereon at five per cent, per month from the time the bridge had been completed up to the period the order was made. A warrant was drawn (number two hundred and sixteen) by the Auditor, in favor of Oilman, and delivered to him, March 8, 1853, for seven thousand six hundred and sixty-two dollars and fifty cents. The warrant was accepted by Oilman, and on the same day was presented by him to the County Treasurer, and the Treasurer made the following indorsement on the warrant: "Not paid for want of funds; March eighth, eighteen hundred and fifty-three; D. Hunsaker, Treasurer, by A. M. Holliday, Deputy." Oilman retained the warrant. It does not appear that Gil- man presented his warrant to the Treasurer for payment again. On November 15, 1854, Oilman commenced an action against the county of Contra Costa to recover t.ie 192 History of Alameda County, California. contract price of the bridge, together with five per cent, per month interest from and after March 8, 1853. The cause was tried in Solano County, and judgment was ren- dered in favor of the county. An appeal was taken to the Supreme Court, the judg- ment of the District Court was reversed and a new trial ordered. The cause was again tried in the District Court on January 30, 1856, and judgment was rendered agamst the county for twenty thousand four hundred and twenty-seven dollars, being the amount of the original contract price of the bridge, with five per cent, interest thereon from March 8, 1853, to the date of the judgment, and the said judgment to bear inter- est at five per cent, per month. On February 14, 1855, an Act was passed funding all the indebtedness of Contra Costa County which accrued prior to April i, 1855, and the thirteenth section of the act provided that it should not be lawful for the County Treasurer to pay or liquidate any of the indebtedness of said county of Contra Costa, which accrued prior to February i, 1855, in any other manner than in such Funding Act provided (Statutes 1855, page 12). Gilman did not present his claim to be funded. That on January 10, 1857, Gilman caused execution to be issued on the judgment in his favor, recovered on January 30, 1856, for twenty thousand four hundred and twenty- seven dollars. The execution was levied on all the monies in the county treasury belonging to all Funds. This levy was made January, 19, 1857. On February 25, 1857, the Sheriff, under the direction of Gilman, levied on the Court House, and on March 5, 1857, again levied on the funds in the county treasury. In March, 1857, the county moved the District Court to quash the execution and the several levies. The District Court denied the motion. The cause was appealed to the Supreme Court, and the Supreme Court reversed the order of the District Court, and ordered the exe- cutions should be quashed and the levy vacated, the Court holding that the county buildings were exempt from seizure and forced sale on execution; and also held that the levies upon the revenues in the hands of the Treasurer were illegal and void; that the revenues were authorized by law, and appropriated to distinct purposes, and were not the object of seizure upon execution (8 Cal. Rep* page 58). On July 9, 1857, Gilman caused another execution to be issued on said judgment, and levied on private property, being an undivided eighth of the San Pablo Rancho. The property was advertised for sale, and the owner, Joseph Emeric, obtained an injunction from the District Court of the Seventh District, enjoining the sale. The case was appealed to the Supreme Court; that Court decided (10 Cal., p. 404) that the private property of an inhabitant of a county is not liable to seizure and sale on execution for the satisfaction of a judgment recovered against the county, and that no execution can issue upon a judgment rendered against the county. Gilman again caused an execution to be issued on his judgment against the county, on April i, 1858, and levied the same on the funds in the county treasury. A motion was made to set aside the execution and quash the levy; the District Court granted the motion and Gilman appealed to the Supreme Court. The Supreme Court affirmed the order of the District Court (10 Cal. Rep., p. 508). This left Gilman without any remedy whatever to collect his debt, and the county without any power or authority whatever to pay. The Supreme Court having decided,- in the case of Hunsaker vs. Borden (5 Cal. Rep., p. 288), that the county of Contra Costa had no power to pay any of the indebtedness which existed against that county prior to February i, 1855, in any m^ fhM<^^^^ Political History of the County. 193 other manner than as prescribed in the Act to fund the indebtedness of said county, passed February 14, 1855, and that the payment in any other, manner. was unlawful. Oilman's debt having been contracted prior to February i, 1855, and he having failed and neglected to fund his debt, he was without remedy. The rights of the parties continued thus until March 14, i860, when an Act was passed entitled "An Act providing for the payment of a judgment in favor of Trusten C. Oilman, against the County of Contra Costa." (Stat, i860, p. 94.) In the preamble of the Act it is recited: — "Whereas, The Supreme Court has affirmed a judgment entered in the Seventh Judicial District Court, in favor of Trusten C. Oilman against the county of Contra Costa, which judgment was entered in said District Court on the twenty-second of March, eighteen hundred and fifty-six, for the sum of twenty thousand, four hundred and twenty-seven dollars, and interest and costs." The Act provides for levying and' collecting a special tax of one per cent, on the taxable property in the county to pay said judgment, together with interest thereon at ten per cent, per annum from its date. The fifth section of the Act provides that the Treasurer of the county of Contra Costa should pay the money collected by virtue of the Act from time to time, upon demand, to said Trusten C. Oilman, his executors, administrators, or assignees, and at the same time take a receipt therefor from his assigns; and have said judgment credited with said payment or payments by the proper party or parties entitled" to receive the same; and the said party or parties entitled to receive from the Treasurer the payment of said judgment, shall, before any payments are made by the Treasurer on account of the -same, deliver to the Treasurer the warrant heretofore issued in favor of said Oilman, and known as Warrant Number Two Hundred and Sixteen, and the Treasurer shall cancel the same. Section eight of said Act provides that said T. C. Oilman, or his assigns, should be allowed until the first Monday in August next hereafter to make known to the Board of Super- visors of said county his or their acceptance of said amount in full satisfaction and payment of all demands accruing at any time in his favor against the county of Con- tra Costa for building a bridge across the San Antonio Creek; provided, that if he fail to declare said acceptance to the Board of Supervisors on or before the first Mon- day in August next, then said special tax shall not be collected. That on August 6, i860, Oeorge F. Sharp, to whom Oilman had assigned said judgment, and who was the legal assignee of the judgment, rendered in favor of Oil- man against the county of Contra Costa on March 22, 1856, for twenty thousand four hundred and twenty-seven dollars, with interest and costs, came before the Board of Supervisors of Contra Costa County, and in writing accepted the provisions of the Act of March 14, i860, in full satisfaction and payment of all demands accruing at any time in favor of said Oilman against the county of Contra Costa for building a bridge across the San Antonio Creek, and he also surrendered to the Treasurer of said county, as provided in said Act, the county warrant, number two hundred and sixteen, for seven thousand six hundred and sixty-two dollars and fifty cents, which was canceled, as provided in the fifth section of the Act. On the same day, August 6, i860, the Board of Supervisors of Contra Costa County levied a tax of one per cent, on the taxable property of the county, as provided in said Act, for the 104 History of Alameda County, California. payment of said claim. The payments made by the Treasurer to Sharp, as the assignee of said judgment and in satisfaction of said claim, amounted in the aggre- gate, on June 19, 1862, the time of the last payment, to thirty-one thousand, six hun- dreti and eleven- dollars and twenty-ohfe centsj that being the full sum due for prin- cipal and interest, as in said Act provided. And upon making the several payments the Treasurer took from said Sharp receipts as follows: "Office of the County Treas- urer of Contra Costa County. — Received from Hiram Fogg, County Treasurer of Contra Costa County, the sum of ten thousand dollars, lawful currency of the United States of America, in part payment and satisfaction of the judgment recovered by Trusten C. Oilman against the county of Contra Costa. Tiie said sum is paid out of the Oilman Judgment Fund, which was levied and collected in pursuance of an Act of the Legislature of the State of California, entitled an 'Act providing for the payment of a judgment in favor of Trusten C. Oilman against the county of Contra Costa, approved March 14, i860, and by order of the Board of Supervisors of Contra Costa County, made on the sixth of August, eighteen hundred and sixty, a copy being annexed to this receipt; the said sum is received in part satisfaction of said judgment, in accordance with the provisions of the said Act of the Legislature, and I hereby authorize satisfaction of the amount receipted for to be entered." There were thir- teen different payments made, and thirteen receipts given by Sharp, as assignee of Oilman, to the Treasurer, of like tenor to the above. The debt was fully paid, as provided in said Act, on June 19, 1862. That on March 15, i860, prior to the passage of the Act of March 14th men- tioned, Oeorge F. Sharp, as the assignee of Oilman, commenced an action in the District Court of Solano County to revive the judgment of March 22, 1856, in favor of Oilman and against the county, for twenty thousand four hundred and twenty-seven dollars, with five per cent, per month interest. Judgment was entered in said action in favor of Sharp, assignee of Oilman, by default, in the Clerk's office, on July 18, 1 860, for eighty-five thousand and forty-two dollars and eighty cents. No action was taken by Sharp on this last judgment until long after he had been fully paid, as stated, on and prior to June 19, 1862. That on July 16, 1865, Sharp commenced another action to revive the last judg- ment of eighty-five thousand and forty-two dollars and eighty cents, against the county. The action was commenced in the Fifteenth District Court in San Fran- cisco City and County. The county defended the action on the ground that the debt had been fully paid, satisfied and discharged. The cause was tried; judgment was rendered in the District Court in favor of the county. The Court decided that the county had fully paid and satisfied the said debt and the said judgment, and ordered and directed that Sharp should cancel and satisfy said judgment of record. Sharp appealed from said judgment to the Supreme Court. The judgment of the District Court was affirmed. The Supreme Court held that the county was not either legally or equitably indebted upon the demand in any sum whatever, but on the contrary, that the county had, under the Act of March 14, i860, fully paid and discharged the said claim. The case is entitled "Sharp vs. Contra Costa County," and is reported in 34 Cal. Rep., p. 284. Oilman's claim is now (1872) made to the Legislature for the same identical Political History of the County. 195 claim for building the bridge across the San Antonio Creek, and in relation to which the litigation named was had, and the same for which payment was provided in the Act of March 14, i860, and is the same which was fully paid and satisfied under said Act. His county warrant has been surrendered and canceled; his judgment has been paid, satisfied, and discharged, and satisfaction entered of record ; he now makes a claim against the county of over six hundred and seventy-six thousand and ninety dollars upon this claim. It is submitted that the county has not only paid the claim, but has actually paid more than double what was due him according to law. When Oilman received his warrant for seven thousand four hundred dollars, on March 8, 1853, and presented the same to the Treasurer, the Treasurer made the indorsement thereon required by law. From that time the debt drew ten per cent, per annum, interest, and no more. Section ten of the Act concerning County Treasurers, passed March 27, 1850, (Statutes, 1850, p. 115) provides when any warrants shall be pre- sented to the County Treasurer for payment, and the same is not paid for the want of funds, the Treasurer shall indorse thereon "nof paid for want of funds," annexing the date of presentation, and sign his name thereto; and from that time till redeemed, said order or warrant shall bear ten per cent, per annum. That section of the Statute has been in force ever since it was passed in 1850. When Oilman accepted his war- rant, and presented it to the Treasurer and procured it to be indorsed by him, and had received it back, into his possession, he knew, or was bound to know what the law was; and from that time no ofificer was authorized by law to pay any greater rate of interest on that debt tttan ten per cent, per annum. The interest on the debt up to June 19, 1862, the time when the full amount was paid under the Act of i860 — being nine years and three and one-third months, would have been six thousand eight hun- dred and sixty-five dollars, which, added to the principal, seven thousand four hundred dollars, amounted to fourteen thousand two hundred and sixty-five dollars. The county actually paid thirty-one thousand six hundred and eleven dollars and twenty- one cents, being seventeen thousand three hundred and forty-six dollars and twenty- one cents more than was due on the warrant, according to the law concerning indebt- edness of counties. The facts in this case are fully set out and authenticated in the record on the appeal of the action of Sharp vs. The County of Contra Costa, in the Supreme Court, in the case reported in 34 Cal. p. 284. The transcript, briefs, and decisions of^ the District Court, with its findings, and the testimony in the case, will be found bound in Volume LXX of California Supreme Court Records, pp. 50 to 102. The petitioner has no claims whatever upon the county, either legal or equitable; but he has been paid by the county actually more than twice as much as was justly due him, and his present claim is a sham without foundation, and is neither supported by equity nor good conscience, and should be postponed indefinitely. Ere the segregation of Alameda County, an election for the position of Member of the Assembly was held on March 26, 1853, when three candidates, viz., Horace W. Carpentier of Oakland, Robert S. Farrelly of " Squatterville " or San Lorenzo, and B. R. Holliday of Martinez, entered the field. The election was subsequently contested in the House, and is here mentioned to give to the reader, not only an idea of what the voting strength of the district was then, but also to throw light upon the manner 196 History of Alameda County, California. ■ in which elections were carried on. The highest number of votes were polled by Mr. Carpentier, against which Mr. Farrelly protested on the ground of fraud, upon which plaint a certificate of election was refused to Mr. Carpentier by the County Clerk, and the matter handed over to be unraveled by the Committee on Elections of the Legislature. Mr. Carpentier claimed five hundred and nineteen votes; Mr. Farrelly, two hundred and fifty-four, and Mr. Holliday one hundred and ninety-two, thus showing a majority of seventy-three votes in favor of the first named. S. J. Clark, attorney for Mr. Farrelly, presented various grounds of objection, and forcibly signified fraud on the part of Mr. Carpentier, as well as collusion on the part of the Board of Judges, Inspectors and Clerks of Contra Costa or Oakland Township. In the examination it was ascertained that the whole number of votes cast in the town- ship was three hundred and seventy-seven, while, according to the testimony of the agent who took the census of the township, but ten short weeks before, there were only one hundred and thirty votes within its limits — a rather unprecedented influx of people in so limited a space of time. It was also declared that it took almost two hours to count the Carpentier tickets which lay in a compact yellow mass at the top of the box, ere any white ones, representing Farrelly, were reached, and yet three of the last voters who cast their ballots at sundown swore positively that they had voted white tickets for Farrelly. An affidavit was made by a man named Ford, that 'he crossed on the ferry-boat to San Francisco on the day of the election and there found a man called Gilman who said ,he had thirty-seven workmen for his bridge on board and was arranging for their fare. These men, or some of them. Ford afterwards recognized voting at the polls, while he heard one of them say that he had voted seven times. The Board of Supervisors of Contra Costa County, however, took the view that Mr. Carpentier was duly elected, and made affidavits to that end, and a majority of four to six of the Committee on Elections were of the like opinion, and reported in favor of his taking his seat, in which he was duly confirmed, and sworn in April II, 1853. We will now proceed with the recorded events as found in the minutes of meet- ings and proceedings of the Courts of Sessions and Boards of Supervisors. The RECORD.S. — In the month of May, 1853, the first election of officers took place, when any man who sought official distinction was at full liberty to seek the suffrages of his fellow-citizens. This election was long known as the " steeple chase " for there were from five to six candidates for each office, while many of the would-be county officers appeared in the poll-lists under nick-names. The following gentlemen were eventually elected in accordance with the provisions of the Organic Act: Addison M. Crane, County Judge; A. N. Broder, Sheriff; William H. Coombs, District Attorney; A. M. Church, County Clerk; J. S. Marston, Treasurer; Joseph S. Watkins, Public Administrator; William H. Chamberlain, Coroner; H. A. Higley, Surveyor; George W. Goucher, Assessor; W. W. Brier, Superintendent of Schools. The Senator was Jacob Grewell, who continued to act as Joint Senator for the three counties of Santa Clara, Alameida, and Contra Costa, while the first chosen Member of Assembly was Joseph S. Watkins. The Third Judicial District held sway over this portion of the State, the Judge being Craven P. Hester. Political History of the County. 197 1853. — The first meeting of the Court of Sessions was held in the town of Alvarado on Monday, June 6, 1853, when there were present Hon. A. M. Crane, County Judge; A. M. Church, County Clerk; Andrew H. Broder, Sheriff; William H. Coombs, District Attorney; together with the five Justices of the Peace elect, viz., A. W. Harris, I. S. Long, David S. Lacey, A. Marier and John McMurtry. The first duty undertaken was the selection from among these last-named gentlemen of two to serve as Associate Justices, the choice falling upon Messrs. Lacey and Long, who, after producing their certificates of election, were duly installed, and with the County Judge constituted the first Court- of Sessions of Alameda County. Mr. Coombs, the District Attorney elect, then produced his ■ license as attorney and counselor at law,. and was duly admitted to practice in open court. The county was next divided into the six townships of Oakland, Contra Costa, Clinton, Eden, Washington, and Murray, as mentioned elsewhere, and thus was the machinery of Alameda, put in motion. On August 4, 185 1, the Court of Sessions of Contra Costa County granted a license to H. W. Carpentier and A. Moon to run a ferry " from Contra Costa, in the township of San Antonio, to the city of San Francisco," the tariff , being then fixed as follows : — For one person $i.oo " one horse 3.00 " one wagon ; 3.00 " one two-horse wagon 5-00 " neat cattle, per head 3-0° " each hundred-weight 5° " each sheep. i.oo " each hog i.oo This enterprise had blossomed into a joint stock company during the two years of its existence, for we find, at the first meeting of the Court of Sessions of Alameda County, that H. W. Carpentier as attorney for the Contra Costa Steam Navigation Company, made application for a renewal of the license for one year, which was granted and the following rates declared leviable: — For one foot passenger $ .50 " horses, mules and cattle, per head 2.00 " empty wagons, each ;...., i.SO ' ' hogs and sheep, per head 5° " freight, her hundred-weight 25 Then came petitions for public roads and the designation of road districts, and, again, Mr. Carpentier, with a proposition in writing, concerning a matter which continued for several years thereafter to furnish an apparently exhaustless supply of material for county legislation, and which, like Banquo's ghost, would not down at any mortal's bidding. This morsel of ancient history we here reproduce in its entirety: — , , County of Alameda, June 6, 1853. I hereby propose to complete the bridge across the creek known as San Antonio Slough, opposite the resi- dence of Messrs. Patton, on the following terms: The bridge shall be commenced forthwith and finished with expedition. I will charge and receive to my own use tolls at the following rates, to-wit: Each footman, twelve cents- horses, cattle, etc. , each twenty-five cents; vehicle drawn by one or two animals, fifty cents, and other things in like proportion. Said bridge shall be free from taxation or assessment. I will surrender said bridge to the county, to be made a free bridge and to be used only as a bridge, at any time within twelve months, on their payment to me of the original cost of its construction, together with interest thereon at three per cent, per month. It shall be finished from bank to bank. This proposition to be binding on its acceptance by the Court of Sessions ofi Contra Costa County. [Signed] H. W. Carpentier. 198 History of Alameda County, California. This is the first appearance of the Twelfth-street bridge, but by no means the last. ; The Court after due consideration ordered that the proposition be accepted, care- fully guarding the county, however, from any obligation to redeem the same, or in any- wise to become pecuniarily responsible in the matter. The Court then proceeded to levy a poll-tax for highway purposes of two days' work on all able-bodied men be- tween the ages of eighteen and forty-five years, for the year 1853, after which catholic and comprehensive legislation, it proceeded to bring its first day's labor to a close by adjournment "till to-morrow morning at eight o'clock." The record of this adjourned meeting is dated May 7, iS^j, a month prior to the first one. The only business transacted by the Court at this time was the fixing of allowances to officers of the late election at five dollars per day, and passing claims against the county, aggre- gating six hundred and twenty-three dollars and forty cents, divided as follows: — D. S. Lord, for blank books and stationery $425.00 A. M. Church, services, obtaining books, stationery and trimming for desk, etc 49.00 Homer & Stevens, lumber for county desk 26.00 Perham & Weaver, work on county desk 81.00 Justices Long and Lacey, two days' services as Associate Justices @ $6. 00 per day each. . . . 24.00 Justices Marier, Harris, and McMurtry, one day's services so as to elect Associate Justices @ $6.00 per day each 18.00 At the next meeting the election precincts in the different townships were estab- lished, after which the Court resolved itself into a Board of Equalization and proceeded to levy a tax upon all real and personal property in the county, of sixty cents upon each one hundred dollars, " instead of thirty cents heretofore ordered by this Board at a special term held at this place on the nth day of May, 1853." As the Court was organized on June 6th, this levy refers to the proceedings of Contra Costa County. From this date forward the time of the Court was chiefly occupied with road matters, with occasional variations, as for instance, on August 2d, George Kerr & Co., presented a bill for thirty dollars for printing one hundred hand-bills, which the Court, after due consideration, cut down to fifteen dollars, therein setting an example of careful scrutiny and rigid economy in public affairs far mqre worthy of imitation than modern legislative bodies generally seem to consider it. In this connection it may be truly said that this county was unusually fortunate in the selection of its first officers. They were very .careful, accurate, methodical men, leaving for the most part clear and intel- ligible record of their public work behind them, and if further evidence be required of this, it is to be found in the fact that the only two survivors of the first elected officers of Alameda County are still occupying elective positions of honor and trust among the descendants of those whose excellent judgment first called upon them for public service. The well-worn proverb, " As the twig is bent the tree's inclined," receives ample confirmation both in the legislative and executive history of this county, for, with rare exceptions, the confidence reposed in those selected for office has never been violated. It is but just and proper that the full measure of praise should be meted out to the faithful public officer: The difficulties that beset his path are no more understood by the people at large than are the duties devolving upon him by statute; he is required to interpret as well as to execute the law, and, upon his decision important private as well as public interests ofttimes depend. When attention is . Political History of the County. 199 called to these facts and well-earned praise is bestowed upon him, it is too often met with the contemptuous and contemptible reply that " anybody can do as well." This same anybody is occasionally tried and found wanting, and then what a howl goes up from the virtuous people! The individual is taken for the class, denunciation is poured forth with unstinting measure, and the honest public official hangs his head in shame for his race, feeling that in retiring from his trust he will carry within himself the only reward of a well-administered official career — a mind conscious of right. Honest officials outnumber dishonest ones a thousand-fold, popular clamor to the contrary not- withstanding, and the time has come when we should understand this, and though late in the day, yet render equal and £xact justice to all. — to the good- as well as to the bad. On September 9th an election was held in the county, at which the following officers were chosen for one year: Asa Walker, S. P. Hopkins, H. M. Randall, B. F. Ferris, A. Marshall, William Fleming, Calvin Rogers, and S. H. Robinson, Justices of the Peace; A. B. Atwell, D. N. Van Dyke, William H. Walker, Constables. The Court of Sessions makes no record of this election, either by proclamation or by can- vass of returns. In October following, these Justices, convened and elected A. Mar- shall and S. H. Robinson from among their number as Associate Justices, while, the most noteworthy event that occurred thereafter was the presentation of a claim for seven thousand two hundred and four dollars, seventy-three cents, against Alameda by the county of Santa Clara. By a reference to section eleven of the Organic Act, it will be seen that two Com- missioners were to be appointed from each of the counties of Santa Claraand Contra Costa to meet like Commissioners of Alameda County who should determine and fix the amount of indebtedness due to the two former by the latter. The report of this Commission is preserved and shows that on July 25, 1853, the Board of Supervisors of Santa Clara County appointed H. C. Melone and John Yontz as their members. Mr. Melone was County Clerk and certifies to the genuineness of his own appointment. The Court of Sessions of Contra Costa County, on June 8th of the same year appointed J. F. Williams and Thomas A. Brown their members, the latter gentleman being the County Clerk of his county at the time. These four gentlemen met in Alameda County, and the record of their proceedings, bearing date August 15, 1853, sets forth that they find the sum of seven thousand two hundred and four dollars and seventy- three cents due from Alameda to Santa Clara, and the sum of six thousand two hun- dred and forty-seven dollars and sixty-four cents due to Contra Costa from the same source. The claim of Santa Clara County was therefore presented to the Court of Sessions as above stated, at the September Term thereof, and was held under advise- ment until the December Term following, at which time the claim was rejected on the ground that the award was made "wholly without authority of law; " the Court further " do not in any way admit the same to be correct as to amount, or that anything what- ever is due from Alameda to Santa Clara County." It is difficult to understand how the Honorable Court arrived at this conclusion, with the recently enacted statute before them. They might have disputed the claim as regards its equitableness, but the mandatory character of the law covering the case seems to dispel all doubt as to its legality. 200 History of Alameda County, California. The matter again became the subject of State legislation and on May i, 1854, an Act was passed fixing the indebtedness at six thousand four hundred and seventy- four dollars, to be paid in two equal sums on or before January i, 1855 and 1856, and ordering the Court of Sessions to make the necessary tax levies to meet the obligations. Accordingly, the first levy was made August 24, 1854; the first payment on account was made March 3, 1855, of two thousand one hundred dollars, and they were con- tinued at irregular intervals until October i, 1857, at which time the account showed that six thousand two hundred and thirty-five dollars had been paid, leaving a balance on hand of seventy-eight dollars. In December, 1853, the county was again divided into townships, the number being reduced to five, and that of Contra Costa being absorbed in Oakland, while the boundaries of the others were materially altered. 1854. — The year 1854 brought to Alameda County, among its first offerings, the claim of Contra Costa, which was certified to at the same time as that of Santa Clara County. The Court of Sessions made the same disposition of this claim that it did of the other; the like resort to the Legislature was had, and that body, under date May 15, 185 s, enacted that B. C. Whitman of Solano County be appointed a Com- missioner to adjust the indebtedness, and that he should enter on the discharge of his duties " as soon as a suit now pending in the District Court in favor of T. C. Gilman and against the county of Contra Costa shall be finally terminated," at a time appointed by himself, at the town of Martinez, and in conjunction with the County Clerks of Alameda and Contra Costa Counties. This matter of the county's indebtedness dragged its slow length along — let us follow it. On April 26, 1862, B. C. Whitman and Charles Fish were appointed to ascertain and award the amount of indebtedness of Alameda County to Contra Costa. In their report, presented in the form of a communication addressed jointly to the Supervisoral Boards of the two counties interested, the following decision is found: " They (the Commissioners) find that the county of Contra Costa has paid on account of obligations existing at the time of the organization of the county of Alameda the sum of thirty-six thousand seven hundred and fifty-five dollars, fifteen cents. That the said county of Alameda was justly and equitably bound for a portion thereof, amounting to fifteen thousand five hundred and eighteen dollars, seventy-eight cents. That under and by virture of an award heretofore made on June 4, 1858, said county of Alameda has paid to the county of Contra Costa the sum of three thousand nine hundred and forty-five dollars, sixty-six cents; leaving unpaid a balance of eleven thousand five hundred and seventy-four dollars, twelve cents, equitably due from the county of Alameda to the county of Contra Costa, arising out of obligations existing against the county of Contra Costa, at the time of the organization of the said county of Alameda. Therefore we do hereby award said sum of eleven thousand five hundred and seventy-four dollars, twelve cents, as equitably due under and by virtue of the pro- visions of the Act aforesaid from the county of Alameda to the county of Contra Costa, and, by virtue of the powers conferred upon us, we declare and certify the same to your honorable bodies, as by said Act directed and charged." In an appeal from the. Fourth Judicial District Court to the Supreme Court, Justice Lorenzo Sawyer, in the case "The People ex rel. The County of Contra Costa C^^i^y^ . / evidence of those yet living, who know whereof they speak. An election in that day was a " free to all:" men were imported from San Francisco by the boat-load; no conditions were imposed at the polls that were not readily complied with by such characters, and as a consequence numerical results were obtained that were not equaled years afterwards, under more salutary regulations of the election franchise. The newly-acquired honors of San Leandro, however, were not destined to remain long uncontested. *lt is probable that the last two mean one and the same place. 206 History of Alameda County, California. The county buildings, as before stated, were finished in July, 185S; On August 9th following. Supervisor Dougherty was delegated " to represent the Board of Super- visors of this county at the hearing of an application for peremptory mandamus before the Hon. C. P. Hester, Judge of the Third Judicial District, to be held at San ]os6 on the loth instant, and to adopt such measures as may be necessary and proper to protect the interests of this county in the matter." The mandate was presumably issued to determine the legal right of the County Judge to order the election, and to determine therefrom the location of the county seat. The question was settled at once, and in a manner not favorable to the claims of San Leandro, for the next meeting of the Board of Supervisors is recorded on the i6th August "at the Court- room in Alvarado." This arrangement, however, was not at all satisfactory to those who were managing the San Leandro scheme, and resort was next had to the Leg- islature, and on February 8, 1856, a bill was approved which once more gave them the coveted prize. Justice again betook herself to wheels, and on the loth of March following we find her proclaimed once more from the Court House at San Leandro, destined at least to enjoy the quiet happiness of a fixed and permanent abode for a number of years to come, and here we will take advantage of her state of quiescence to resume the thread of current history so abruptly broken off. At the meeting of the Board of Supervisors on July 10, 1855, a resolution was adopted authorizing the Auditor hereafter to draw their warrants for mileage both going to and returning from the county seat, a measure authorized by section eighteen of the Act approved March 20, 1855, though not strictly applicable to this Board, which was created by a special Act. Shortly after this another peculiar order appears, as follows: " That the total amount of the county's proportion of the nassessed {sic) taxes for the year 1854, when collected, be applied to the County Common School Fund." At the same time a property tax of two cents on each one hundred dollars was levied for road purposes, and a road poll tax of three dollars was made levia- ble on all adult males between the ages of twenty-one and fifty years. At this session the District Attorney, at his own instance, was instructed to bring suit " upon the official bond of Jotham S. Marston, late Treasurer of said county, to recover a judgment for any defalcation as such Treasurer." As soon as the county officials had betaken themselves to Alvarado in August, 1855, a question very properly arose touching the legality of all county business transacted at San Leandro during its occupancy as the shire town, from April 2d to August 15, 1855. The Board of Supervisors, therefore, to make their record unim- peachable, passed a curative resolution affirming and re-enacting all res olutions and enactments passed by them during that time. On September 17th the returns of the general election held on the gth of that month were canvassed, and the statement ordered on file. The propriety of making election returns a matter of record was not observed until the year 1859; as a consequence the matter of accurately determining official incumbency and succession up to that time is beset with more diflficulties than would at first appear. Documentary evidence is not always at hand; tradition is not always reliable, and the final resort is the examination of events with which the oflficial record sought may be directly or indirectly connected. Great care should be bestowed Political History of the County. 207 upon the preservation of official history in a county; records can scarcely be made too full and minute; matters that appear of minor importance at the time may assume serious importance in the future. The filing away of a paper usually results in its loss, and this may lead to extensive and expensive litigation; the time spent in recording it may prove to be time saved a thousand-fold. October i, 1855, the Supervisors-elect assembled and proceeded to organize, there being present: Henry C. Smith of Washington, Thomas Eager of Clinton, Henry Haile of Alameda, George Fay of Eden, F. W. Lucas of Murray, S. D. Taylor of Oakland — the last holding over by virtue of a tie vote, and Mr. Smith being chosen Chairman. This Board evidently understood that county matters had heretofore been handled with a rather loose rein, therefore they went to work in good earnest to bring them up to a more distinct business standard. The official bonds of all officers-elect were carefully examined, all county and township officers were required to make report at once; a committee was appointed to examine and report upon the condition of the Treasurer's books; that official himself was required to file an additional bond of thirty thousand dollars, within ten days (which he did); the acting Coroner, S. H. Crocker, having failed to file an additional bond, was ousted; and matters generally were "brought up with a round turn." More attention was also paid to school affairs than had hitherto been manifested; the pay of School Trustees was fixed at three dollars per diem, while on duty. Washington Township was divided into three school districts, and another one formed in each of the townships of Oakland and Eden, and one from parts of Eden and Clinton. A special election was also ordered for Super- visor in Oakland Township, to be held November 24, 1855, made necessary by the tie vote at the general election. No further record appears of this, but as Mr. Taylor con- tinues to occupy the position on the archives, he was doubtless re-elected at that time. 1856. — Up to January, 1856, county officers had not responded promptly to the order of the Board regarding their reports, therefore, on the 8th of that month they were notified that unless their quarterly reports were forthcoming as required by law their duty in this regard would be legally enforced. This edict had the desired effect and thenceforth these matters were more promptly attended to than ever before. At this time, also, it was determined that the Special Act creating a Board of Super- visors should be repealed and the county be brought under the General Act of March 3, 1855, for the evident reason that under this latter bill the scope of the Board was more extended and its duties and powers more general. Accordingly, April 3, 1856, an Act was approved repealing that already mentioned, and subjecting the county to the General Act above referred to, which provides that certain counties, Alameda among the number, should be allowed five Supervisors instead of three, as provided for the counties at large. On Macch 10, 1856, the county seat being again at San Leandro, a resolution- introduced by Supervisor Eager was adopted " that the places called San Antonio and Clinton, and the township heretofore known and called Clinton be, and they are hereby consolidated, and that the whole territory embraced within the original limits of said township of Clinton shall hereafter be known as and called Brooklyn." This matter had been acted upon at a previous meeting in March but the resolution then 208 History of Alameda County, California. adopted did not correctly state, nor fully cover the case as petitioned for by tie ci zens of the territory referred to. A committee was al?o appointed to ascertain probable cost of a brick jail, an institution that, up to thig time, the county nao aged to get along without, the worst cases of criminals- having, been confined m e San Francisco prison, and the others cared for as best could be done. In the mont of May more school districts were formed; the sum of five hundred and sixteen dollars was appropriated to pay R. J. Horner for a bridge built by him above Alvarado across the Alameda Creek; and a resolution was adopted looking to the building of a Court House and jail, a committee being appointed to visit the newly-erected buildings of this nature at Martinez, also one to ascertain upon what terms Carpentier's Bridge (Twelfth Street Bridge, Oakland) could be purchased. The pay of the Supervisors was at that time fixed at four dollars per day; the survey of the county and township boundary lines, and the construction of maps proposed; and to, close the month's pro- ceedings the Clerk was directed to procure from the Secretary of State a copy of the laws affecting Boards of Supervisors in general, and that of Alameda County in par- ticular, our Honorable Board being evidently determined that all of their acts should stand the test of legal scrutiny. In June the Building Committee presented a plan for county buildings and were instructed to ascertain the probable cost thereof; the Treasurer was instructed to pro- cure the county's portion of the State Indigent Sick Fund — now due for two quarters; while a new township called Jefferson was created out of portions of Eden and Wash- ington, the order creating it being, however, rescinded and vacated at the next meet- ing. In July sealed proposals were invited for building a Court House and jail, to be opened August 5th, and the annual tax levy was made. On August 5, 1856, nine bids for erecting county buildings were opened and found to range from twenty-six thousand to thirty-nine thousand nine hundred and fifty dollars; on the 8th of that month the contract was awarded to C. B. Tool at thirty-two thousand four hundred dollars which was subsequently reduced to thirty thousand dollars by modifications in the plans. On the i8th of August it was decided to employ a suitable person to tighten the screzvs of San Leandro Bridge. This was undoubtedly meant to be construed literally although previous as well as subsequent action on the subject might warrant a figurative interpretation of the order. The County Surveyor at the same meeting was authorized to complete two maps of the county for which he should receive twenty- six hundred dollars when finished and approved. In the month of October the county was divided into five Supervisoral Districts in accordance with the general law, which were described and designated as follows: Township of Oakland, District Number One; Townships of Brooklyn and Alameda District Number Two; Township of Eden, District Number Three'; Township of Washington, District Number Four; Township of Murray, District Number Five. At this meeting the office of Public Administrator was declared vacant, the incumbent, Edwin Barnes, having failed to file the additional bond required of him- while on the same date Mr. Tool received his first installment on account of his con- tract' of fifteen hundred dollars, and Mr. Fairfield is allowed fifty dollars for working the Court House plans. On November 4th a general election was held throughout the State for Presiden- Political History of the County. 209 tial electors, Members of Congress, State, County, and Township officers, the result of which in Alameda County will be found in the tabulated statement published herein. At this session of the Board, Noble Hamilton and Edward R. Carpentier were each allowed one hundred and twenty-five dollars for legal services in the case of The People, ex rel. vs. C. P Hester which grew out of the assessment made during the month of August for a County Building Fund. Those opposed to it made application to Hon. C. P. Hester, District Judge, for a writ of certiorari to review the said proceedings of the Supervisors. This the Judge refused to grant, whereupon application was made to the Supreme Court for a writ of mandamus directed to the said Judge compelling him to issue a writ as asked. The Court sustained the Judge in his decision, On the 25th Hiram Keeney was appointed to superintend the building of the Court House; and with a vote of thanks to the Chairman the Board of Supervisors adjourned sine die. The ist of December following found the newly-elected Board assembled and ready for business. Mr. Dougherty was elected Chairman, the other members being, Thomas Eager, J. H. Mason, William Hayward, and J. A. Hobart. After the appoint- . ment of the usual standing committees, the remainder of the meeting — the only one in this month — was devoted to road and bridge matters. ' • 1857. — In January, 1857, and for some time following, the new Court House appeared to demand considerable attention. Doubts having been expressed as to the manner in which the work was being done it was ordered that a-competent brick-mason be employed to examine it carefully. A committee was also appointed for the same purpose. No fault appears to have been found, however, and the work progressed to its completion, July 8th, on which day the contractor was paid in full including five hundred and eighty dollars for extra work, his receipt for thirty thousand five hundred and eighty dollars being spread upon the records, while a committee received the key and delivered it to the Chairman of the Board. March 2d, Jotham S. Marston, the first County Treasurer, petitioned to be released from all liability on account of money stolen from the treasury during his term of office. The petition was refused. The history of this affair as gathered from those who were residents of the county seat at the time is as follows: Sometime during the year i8£^ the safe containing the county funds at Alvarado was robbed of about twelve thousand dollars. Hon. A. W. Crane, then County Judge, was in San Francisco at the time and being apprized of the robbery immediately crossed the bay and took the stage for Alvarado. Upon 'arriving he at once proceeded to examine the locality of the occurrence closely. The rear of the building in which the safe was kept projected over the shelving bank of Alameda Creek affording standing room underneath. Here the Judge, while poking around in the loose sand w^ith his cane, discovered under the part of the build- ing on the bank, an old boot which he hooked on to and' noticing that it appeared to be very heavy, but still not attaching much importance to that fact, he drew it out, and emptied it of about four thousand dollars in gold. Other parties then provided long poles with hooks attached and succeeded in reducing the loss to about seven thousand dollars. Suspicion rested strongly upon certain parties but no evidence could be obtained that would warrant their arrest. Mr. Marston appealed to the Legislature — his only resort for relief— and that body in an Act approved Feb- 210 History of Alameda County, California. riiary 3, 1857, granted it to him so far as the State's loss was concerned, and authorized and permitted the Bpard of Supervisors to give him credit and acquittance for the sum of seven thousand one hundred and fifty-six dollars and forty-four cents, the total shortage. Mr. Marston's petition, as'above stated, was refused; but in .August follow- ing, upon payment of three thousand four hundred and forty-one dollars and forty cents, he and his bondsmen were released from all responsibility in the matter and legal proceedings against them stopped. At this time two irregularities in the acts of former Boards were discovered and it was ordered that all Auditor's warrants drawn previous to July i, 1856, be destroyed, and a committee be appointed to examine and check up, to same date all. allowances made by previous Boards. Some doubt existed at this period also as to whether sufficient power was conferred upon County Supervisors by the General Act of 1855 to justify a tax levy for erecting county buildings, and the delegation from Alameda County was instructed to put forth every effort to have the question settled by legis- lative enactment. This resulted in a Special Act, approved April 18, 1857, authoriz- ing a tax levy of 3 quarter of one per cent, for the building of a Court House and jail in Alameda County. Matters of ordinary interest occupied the Board during most of this year. On August 3d the annual tax levy was proclaimed; on the Sfti it was ordered that possession of the new Court House be taken at once by the county officers, the same having been made ready for occupancy. August lOth Surveyor Higley presented the county maps contracted for in 1856, and received his stipulated price therefor, viz.: two thousand six hundred dollars; while, at the same time the plan of Mr. Hobart for furnishing the Court House was adopted, the contract for which was awarded to Freeman & Smith at eleven hundred dollars. The tax levies for the years 1854-55-56 having been declared null and void were ordered' stricken from the rolls so far as the State's portion was concerned and the Collector ordered to receive fifty per cent, of the county portion in full of all demands. Then, after having can- vassed the returns of the late election, and attended to the inevitable road matter the Board adjourned sine die. On October 5, 1857, the following-named gentlemen assembled at the county seat, to whom were delegated^he care of the county's interest for the following year: James W. Dougherty, F. K. Shattuck, James B. Larue, J. R. Mason, and C, P. Wray, the first- named serving as Chairman. At this meeting two luckless Justices of the Peace, John R. Wales, of Washington, and B. F. Ferris, whose claims had been ignored by. the Returning Board, petitioned for their rights, and, upon due consideration, the former was granted a certificate, but his fellow-sufferer was forced to wait for his position until the next meeting. 1858. — In February the contract with the Alameda County Gazette for printing the proceedings of the Board was annulled; the salary of the School Superintendent was fixed at four hundred dollars, payable quarterly, scarcely enough to pay his livery bill if he discharged his duties as prescribed; on the same date the monthly pay of the Treasurer was increased seventy-five dollars. The Act approved April 28, 1857, regulating fees in office of certain counties — Alameda among the number — received the hearty endorsement of the Board; on February 2d the annual tax levy was made; Political History of the County. 211 this levy is remarkable in that the authoritative Act for each item in the count is referred to. On the day following, the Legislature, by Act approved February 2, 1858, fixed the maximum of State tax at sixty cents; the change above referred to in this connection was made 'in March. The 26th of February should be known as a red-letter day in the calendar of Alameda County, for upon that day the Honorable Board of Supervisors attempted to reduce its own per diem allowance from four to three dollars, and failed. Mr. Wray was the image smasher who precipitated this unwholesome and unparalleled piece of legislation upon his Honorable confreres^ and that, too, without any previous warning. The party of " old ideas " was equal to the emergency, however, and promptly squelched this bit of audacity by a tie vote, the rash author of the resolution and his coadjutor, J. B. Larue, being met by Messrs. Mason and Shattuck. How the Honorable Chairman, Mr. Dougherty, would have recorded himself had he been present those who know best can say; we only give the facts as they appear on record, for the benefit of any who may hereafter attempt such a rash innovation upon established precedents. In April we find that H. M. Vesey, Clerk, issued to H. M. Vesey, Auditor, three thousand blank county licenses, under Act of April 17, 1858, which is noteworthy only as one of the many absurdities that grew out of the combination of these two offices, another one of which is that the County Clerk files his official bond with the "Auditor, and that oiificer his with the County Clerk, both being the same "party. At the first meeting in June, 1858, the matter of the Contra Costa County debt came up for action. In April previous the Legislature approved a bill appointing B. C. Whitman, of Solano County, John H. Livingston, of Contra Costa County, and J. W. Dougherty, of Alameda County, a committee to adjust and certify the amount of the debt; the same Act also fixed the time of paying the claim, viz.: March i, 1859, and i860, one-half at each date. The amount found to be due was three thousand nine hundred and forty-four dollars and sixty-six cents, and a special tax of five cents was levied to meet the first payment. In the month of August the Santa Clara indebted- ness was finally settled by an order of the Board instructing the Auditor .to issue a warrant for eight hundred and eighty-two dollars and forty-seven cents, that being the amount found to be yet due thereon by Commissioners Melone and Dougherty. The general election for this year took place on September 21st, but there is no record of the returns ever having been canvassed. The Supervisors elected were F. K. Shattuck, for Oakland; Jonathan Mayhew, for Washington; J. A. Griffin, for Eden; S. M. Davis, for Alameda and Brooklyn; and Charles Duerr, for Murray. Mr. Shattuck was chosen Chairman, he being also the only member of the outgoing Board returned. 1859. — The new guardians of the public weal, following the proverb of the "new broom," made a clean sweep of all former county legislation on the subject of indigent sick, by repealing the same; they also examined the jail and reported alterations and improvements affecting its safety and sanitary condition; and gave the printing of their proceedings to the Gazette at six dollars per column. They also adopted an order of business and twelve rules for the government of their deliberations. Supervisor Mayhew at this time developed a talent for architecture. 212 History of Alameda County, California. and profited thereby to the extent of ten dollars, that same having been allowed him for executing plans and specifications for an out-house. On February 9th, one Miguel Marquis petitioned for the refunding to him of one hundred and fifty dollars paid by him under protest for violating the Sunday Law, the same having been declared unconstitutional. Here we see the "little cloud no bigger than a man's hand " that was destined to spread over our entirfe political sky in the years to come, and prove a veritable Pandora's box to opposing parties. On the 28th of the same month the annual tax levy was made. A grant for a wharf at Fleming's Point was made by the Board on the 17th of May under provisions of the Act of April 8, 1858, while at the same session no less a sum than seven hundred dollars was allowed to Dr. Cole for medical care of an indigent. The care of sick and afflicted persons was a matter that had to be dealt with from the very organization of the State and legislative provisions relative thereto were enacted as rapidly as observation dictated the method or financial ability permitted their consummation. The first Legislature that assembled wisely foresaw that great suffering would necessarily follow unless legal provision should be made for the care and maintenance in sickness of the thousands who were flocking to the shores of the Pacific in their " sacred hunger for gold." The character of the early immigration to California differs widely from that to any other of the new States of the Union. The pioneer of Illinois brought with him his wife and children; his sturdy arm at once laid low the, mighty oaks of the primeval forest; his cabin was soon built; and cheered and encouraged by the presence of those he held most dear he entered at once upon the enjoyments — rude though they were — of an established home. Not so, however, with the " forty-niner " of California. He bade adieu to the loved ones at home and started forth upon his perilous journey over thousands of miles of trackless waste, beset with dangers on all sides, in pursuit of the land of gold. His journey accomplished, he at once sought the mines, and in rain and in sunshine, through night and day, " from morn till noon, from noon till dewy eve," he toiled with his pick and pan for the acquisition of the fortune that alas too often eluded his grasp. Finally, worn out by his excessive and unnatural toil, his physical vigor gave way and he lay upon a bed of sickness in his rude miner's hut. No loving wife nor mother to minister to his necessities and cheer and soothe him with her presence, but he was forced to combat with the Angel of Death single-handed, with only such help as could be expected from his associates, whose kindly hearts could not supply skill and proper care. As a consequence, his life was either cut off, or he rose from his bed ruined in fortune and so shattered in health as to become at once a burden and an object of charity. To meet this state of affairs we find among the statutes of 1850 one establishing a Marine Hospital at San Francisco, to which the sick of that city could be admitted upon proper application. Further legislation in 1851 located State Hospitals at Sac- ramento and Stockton, and in the month of April following two thousand dollars per annum was allowed to the city of San Diego for the care of indigent sick arriving at that port. In May, 1853, a General Law was passed establishing a State "Indigent Sick Fund" providing means for its maintenance and prescribing the manner of its Political History of the County. 213 distribution to the organized counties of the State. This law was amended and its scope enlarged by the Act approved April ii, 1855, which, among other matters, delegated the care of indigent sick to the Boards of Supervisors of the respective counties, giving them power to appoint physicians, to erect hospital buildings, to levy a tax and to draw from the State Hospital Fund the amount apportioned to their county quarterly. Under this Act we find the first record of the county of Alameda in this matter, bearing date May i, 1855, at which time the Board of Supervisors appointed Doctors D. C. Porter of Oakland, A. W. Powers of Eden, H. C. Sill of Washington, and William Wilworth of Clinton, County Physicians, who were allowed two dollars per visit and one dollar per mile traveling expenses, and in July following the first requisition was made for the amount of, Hospital Fund due. The first bill allowed on this fund was to W. J. Wentworth for medical attendance, etc., on Frederick Campbell, one hundred and eighty-three dollars. The Board of Physicians was continued, with various changes and one removed, until January i, 1856, at which time they were all discharged, the Supervisors prob- ably fearing that the bills resulting from their former order might prove a .serious matter. Up to this time the indigent sick, though possessing a "name'' in law, had no "local habitation." Their care was delegated to citizens, and it must have been a pleasure in those days to a poor sick person, if the comforts offered them were at all in proportion to the magnitude of the bills therefor that were audited and paid. The matter continued in this condition until the following August, when it was decided to procure a suitable place and means of providing for the indigent sick; accordingly a contract was made with Orrin Hamlin to that end, at the per capita allowance of twelve dollars a week. This ' arrangement continued but a short time, and on April 4, 1857, an order appears abolishing the County Hospital, from date, and again com- mitting to the care of the Supervisors the sick of their respective districts. This was retrograde legislation, and merely serves to show that, in the face of what were more important matters, this very momentous one had not had bestowed upon it the thought and study that it deserved. However, a silent yet impressive influence was constantly being exerted in its favor, as bills poured in, and had to be disposed of; and in November, 1858, it was decided to ascertain at what expense the indigent sick could be cared for in hospital at San Francisco; also to advertise for sealed proposals for their care, and then to clear away all obstacles in the way of future legislation — all orders, rules, or resolutions appearing on the minutes of the Board of Supervisors relating to the care or attendance of indigent sick were repealed, and Supervisors were clothed with the authority of hospital stewards. This legislation seemed to affect the sanitary condition of the county unfavorably, as bills for medical attendance, nursing, etc., appeared in increased volume. As an instance, in June, 1859, the bill of Dr. Thomas Payne for attendance on indigent sick, five hundred dollars, was allowed, as was also that of Dr. Cole, mentioned above, for seven hundred dolla,rs for one 7nan. These bills were closely examined by the Finance Committee, and their payment recommended. We can easily imagine the feeling of relief that was experienced when, in Feb- ruary, i860, a proposition was received from St. Mary's Hospital, San Francisco, 214 History of Alameda County, California. offering to take charge of the indigent sick of the county, at a per diem charge of one dollar and twenty-five cents per capita. Without hesitation the offer was accepted, and presumably all who could be safely moved were at once transferred thither, and yet we find among allowances shortly after, one of one hundred and forty-six dollars and twenty-five cents to the hospital, and an aggregate to others for the same purpose of four hundred and eighty-eight dollars and thirty cents, from which it may be inferred that either the hospital was unable to attend to all the indigent sick in Ala- meda County or, that the private citizens found county nursing far too profitable a source of revenue to be tamely surrendered; preponderance of evidence is found to sustain the latter view, for, up to February 2, 1861, forty-five per cent of all allowances on account of Indigent Sick Fund were made to parties other that the hospital. This was observed, in all probability, by the Supervisors, for, on the day last named, it was decided to advertise for sealed proposals for the care of the indigent sick of the county. Four bids were presented as follows : Thomas Green, M. D., for board, medical and other cares, one dollar and seventy-five cents per day; Joseph Ralph, for the like offices, one dollar and fifty cents per day; Henry Haile, twelve dollars per week; and Thomas Payne, two dollars per day. The records show that this last-named gentle- man accompanies his bid with a letter of considerable length, in which he states, among other things, that should he be -awarded the contract, he will do what he can to make them (the sick) comfortable, cost what it may, and adds, underscored and in quotations, " Liberality is my forte ". He also adds a bit of financial history to the effect that county scrip has been as low as seventy-five csnts on the dollar since his residence in the county. In due time thereafter a contract, covering twelve months, was made with Dr. Henry Haile "to board, lodge, take care of and furnish all msdicine and medical attendance necessary for the indigent sick at twelve dollars per week for each individ- ual;" his first bill was audited in August following, at two hundred and twenty-one dollars and thirteen cents, and the contract with St. Mary's Hospital was also con- tinued and claims allowed under it, amounting to three thousand seven hundred and fifty-two dollars and twenty-five cents up to May 5, 1862, at which date it was decided '' that all patients remaining in said hospital from this county be discharged there- from, from and after this date, and that all contracts express or implied heretofore or now existing with said hospital for the care of the indigent sick are hereby discon - tinued and ended from and after this date." At the same time the contract with Doctor Haile was renewed for one year from May 14, 1862, at ten dollars per week for each person; and was continued with him the following year at seven dollars and tv/enty-five. cents per capita. In May, 1864, the period for making the annual con- tract, time was taken for consideration and Doctor Haile was instructed to continue under his last contract till further orders. The object of this delay is clearly to be seen. While everything had been working smoothly under the contract system, and the monthly reports of the committee appointed to supervise the matter were favora- ble, yet, the necessities of the case were not fully met. Either from lack of room in Doctor Haile's hospital, or from some other cause, numbers of sick were still cared for on the outside and the monthly bills paid on their account aggregated a large Political History of the County. 215 per centage of the total disbursements of the fund. - Added to this was the apparent fact that the contract system was a profitable business for at the last opening of bids the lowest one was less than one-half the rate of 1861. It was therefore thought biest to establish a County Kospital, the management of which should be directly in the hands of the Board of Supervisors, and it was so decided in August, 1 864. A Board of Managers was at once appointed, consisting of Supervisors Shattuck and Cummings and Doctor Edward Gibbons as Hospital Physician. A building was procured of Mrs. Lyon in the city of Oakland, at a monthly rental of thirty-five dollars and the new order of things was inaugurated at once, for we find on the 15 th of the same month allow- ances to various parties for supplies fop County Hospital, 'three hundred and fifty dollars, and on the 22d Doctor Haile was paid (presumably) in full under his contract, eight hundred and forty-five dollars and twelve cents. The hospital Steward, H. T. Burr, filed his quarterly report to date on February II, 1865, and regularly thereafter up to his dismissal in August following. The first year under the hospital system proved conclusively the wisdom of the arrangement. The total expense, including rent, furniture, pay of employh, and two hundred and seventy-one dollars paid outside for care of a small-pox patient, being only, three thousand six hundred and nine dollars, six cents, which compared with the expenses of preceding years showed a very substantial retrenchment. No charge on account of medical attendance appears against the county during this year, and, on August 14th, a letter from Doctor Newcomb tendering his services in the medical department of the hospital gratuitously for one year was filed. The following year Doctor Van Wyck ^yas. Hospital Physician at fifty dollars per month, and Orrin Hamlin, Steward. In May, 1867, Doctor Pinkerton succeeded Dr. Van Wyck and continued in office to the end of the County Hospital period, December 12, 1868. Thus after a struggle of eleven years with this question the solution was finally reached and henceforward there were to be only temporary obstacles to ever come in the pathway — the way itself was clearly defined. On April 18, i860, the Legislature enacted a law to establish County Infirmaries and amendatory of an Act to provide for the Indigent Sick, etc., approved in 1855. Under the provisions of this Statute the Supervisors of every county in the State, with the exception of seventeen, which are designated by name in section twenty-six, are authorized to establish County Infirmaries whenever in their opinion such a measure will be advantageous; to purchase one hundred and sixty acres of land, or less, and erect thereon suitable buildings, the expense to be defrayed by a tax levy not to exceed one-quarter of one per cent. They were also to act as a Board of Directors and in general to exercise a supervisory care over this as over other county interests. Under the provisions of this Act it was decided, in December, 1868, to establish a County Infirmary. The matter had evidently been unofficially canvassed previous to this time, as the proposition of C. Puff to sell fifty acres of land in Eden Township to the county for this purpose was accepted, and a committee ap- pointed to enter into a contract with him for purchase of the said tract. A County Infirmary tax of fifteen cents on each one hundred dollars' worth of property was levied, and in May, 1869, proposals were invited for erecting a suitable building thirty- six by fifty-six feet in dimensions, the cost not to exceed three thousand dollars. In 216 History of Alameda County, California. the meantime the committee had closed the contract for the land with Mr. Purl, m the month of June following the contract was let to Messrs. Taylor & Goodrich at two thousand nine hundred and twenty-five dollars; work was commenced at once, and on July 7th the contractors were allowed their first two payments, nmeteen hundred and fifty dollars and six hundred and ninety-one dollars and forty cents, on account of extra work; on August 5th they were allowed one thousand three hundred and seventy-five dollars and fifty-six cents, and Robert Dalziel was granted four hundred and seventy-one dollars for work which, with a subsequent allowance of sixty-five dollars for painting, brought the cost of the building up to $4)552 96 To which add cost of land, 123^^^ acr^s of C. Puff 1,632 46 F. D. Atherton 3,786 60 $9,972 02 The new Infirmary was occupied about August 15, 1870, this being the date from which Doctor Coleman, the first attending physician, was paid. There is no record of the Board of Directors beyond that contained in the minutes of the Board of Super- visors prior to October 3, 1870, at which date a meeting was called, officers elected, and minutes taken. This was continued up to May 4, 1874, three and two-thirds years. .The report of the Hospital Committee for the year ending December 31, 1874, is as follows: — Number in hospital, January 1 1, 1874 .' 36 Number admitted during the year igi Total 227 Number discharged during the year 162 Number of deaths during the year 22 Total 184 Number of inmates on December 31, 1874 43 Yearly expense for salaries, supplies, coffins, etc., $13,274.52 Relief granted to persons outside of Infirmary 2,842.49 Total amount of warrants drawn ' $16,117.01 Average daily expense per patient during yeai 51 Cash accrued during the year 225. 35 Cash accrued during the year expended 167.85 Balance on hand, December 31, 1874 .' f 'iy Ho On April 12, 1875, the Board of Supervisors ordered the erection of four new wards, at a cost not to exceed one thousand dollars, this expense becoming necessary on account of the want felt for increased accommodation. These were reported com- pleted on June 14th, at a cost of eight hundred and eleven dollars and thirty-three cents, but even this extra room proved insufficient, as on May 15, 1876, the Infirmary was reported full, therefore it was thought advisable to make some lasting addition to the building. At the session of the Board on July 6th, the Hospital Committee were instructed to have plans and specifications drawn out for the increase in size of the building, which were duly submitted to the Board, who, August 17th, directed them to advertise for bids for building additions in accordance with submitted plans and specifications on file. September nth four bids, ranging from five thousand two hundred and sixty to five thousand dollars were offered, and all rejected, while the y -•' ':^ -o-^/?^ Political History of the County. 217 plans were returned to the committee for alteration in consonance with the wishes of the Supervisors, who desired to expend a sum not exceeding three thousand dollars. The plans were again submitted on the 2Sth of the same month, and bids, etc., once more called for. On the loth of October ten offers were opened, at sums ranging from five thousand one hundred and fifty to three thousand two hundred and fifty- five dollars, at which latter figure the contract was awarded to J. W. Watson. The building was reported completed, accepted by the Board of Supervisors, warrants ordered to be issued to the contractor for the sum contracted for, and one hundred and ten dollars to J. J. Newsom for services as architect, on December ii, 1876. On November 26, 1877, the Hospital Committee submitted to the Supervisors for their consideration and approval, a set of new rules and regulations intended for the guid- ance of physicians, superintendent, steward, cook, nurses, and other employes, as well as' patients, which were adopted, ordered printed in pamphlet form, with County Infirm- ary Law, and also on cards, to be placed in the several wards of the hospital. On December 17, 1877, a resolution was adopted appointing a committee to inquire into the necessity of purchasing twenty-five or fifty acres of land, convenient to the city of Oakland, suitable for a poor-farm or alms-house, where the old, infirm, poor and homeless, and orphans, could be sent, at the same time making it a self-sustain- ing institution, similar to those in the Eastern States, while the District Attorney was requested to draft a bill for presentation to th: Legislature so that such an establish- ment should be placed on a sure foundation. The matter, it would appear, did not find favor in certain quarters, however, for on March 4th, following, appears on the records a resolution protesting against the passage of a bill " to establish a County Hospital in the city of Oakland"; the Board, however, claimed ample power, under existing laws, to provide for the dependent poor and sick of the county, and believed that the division of the Infirmary Fund would be impolitic. On December 27, 1 877, a corporation named the Oakland Homeopathic Hospital and Dispensing Association, founded by the ladies of the county, petitioned the Board of Supervisors for the use of two rooms in the city of Oakland wherein to establish their institution and afford free medical aid to the poor. The petition was denied at the time, but afterwards, on February 11, 1878, an allowance of forty dollars per month was voted, under the understanding that the Supervisors should have the priv- ilege of sending patients t?) their establishment. In March, 1878, a resolution was introduced to farm out the care of the county poor, the contractor to furnish medical attendance, medicine, all necessary help, provisions, and supplies, and to have the use of the Infirmary buildings, grounds, furniture, etc. In accordance with the above, bids were advertised for during the month of April. In due time they were received and found to range from sixty- four to forty-five cents a diZ-y per capita, but nothing was done permanently until May 17th, when it was decided to reject all bids and continue the institution under its present management. In July, 1878, it was resolved to select a site in Oakland Township for the Infirmary, the District Attorney being requested to decide the question as to the right of the Board of Supervisors to dis- pose of the present Infirmary grounds and remove the establishment. The decision of that officer was favorable to the scheme, on which the Hospital Committee selected a building site in Friiit Vale — but there the matter would appear to rest. In the follow- 15 218 History of Alameda County, California. ing November the hospital steward presented a plan for an addition to the Infirmary, which was referred to a committee and adopted. Plans and specifications were, under proper directions, advertised for. On presentation these were referred to a Committee of the Whole, a motion to refer to the Hospital Committee having been lost. The plans of S. & J. C. Newsom were duly adopted, and bids for building the same were ordered to be placed in public competition. Ten contractors responded to the call with bids ranging from six thousand five hundred to four thousand nine hundred and fifty-six dollars, at which latter figure Messrs. Ingerson & Henderson were awarded the contract on January 13, 1879. This addition was reported finished March 24th, and the Board, after visiting and examining, "pronounced it good," and recorded, March 31, 1879, their formal acceptance of the work. We now append the last report of that institution : — The Alameda County Hospital was located in Oakland August 16, 1864. From that date to 1869, a period of five years, there were 356 patients admitted for treat- ment; 200 were discharged cured, 91 improved or left voluntarily, and 54 died. In 1868 the Board of Supervisors purchased 123^ acres of land near the foot- hills, two and a half miles from San Leandro and ten and a half miles (not fourteen or sixteen miles, as often stated) from Oakland, for an Infirmary, paying therefor $5)535- In 1869 a building was erected and the hospital closed in Oakland and the Infirmary established at its present location. Other buildings were erected in the years 1875, 1877, 1879, and 1882. At present there is room for nearly 200 patients. From the establishment of the hospital in Oakland, August 16, 1864, to Decem- ber 31, 1882, there have been 3,778 admissions, of whom 466 have died and 3,197 have deen discharged, cured, improved, or leaving voluntarily, except a few each year sent away for disobedience. The following report of the Infirmary for the year ending December 31, 1882, was presented to the Board of Supervisors: — To THE Honorable the Board of Supervisors of Alameda County, California — Gentlemen: I have the honor to present the following report of the Infirmary for the year ending December 31, 1882. Respectfully, J. F. BURDICK, Sec'y. Patients present January I, 1882 103 Patients admitted 365 Total present 468 Patients discharged 315 Patients died 38 Total deduction ... 353 Patients present December 31 115 Average number present during year 113 Of those admitted 99 have been former inmates of the Infirmary, and 266 were admitted for the first time. Of those discharged, 225 were cured, 81 were improved, 5 left voluntarily, not improved, and 4 were discharged for disobedience. Political History of the County. 219 THE SEX, RACE, AND NATIVITY OF PATIENTS. Present January ist — Males 397, females 71; natives of United States, 182; foreigners, 286; white, 457; black, 5; Indians, 6. Deaths — Males 35, females 3; natives of United States, 15; foreigners, 23; white, 35; black, i; Indians, 2. Discharged — Males 265, females 50; natives of United States, 121; foreigners, 194; white, 310; black, 3; Indians, 2. Remaining Decdhiber 31st — Males 97, females 18; natives of United States, 46; foreigners, 69; white, 112; Black, i- Indians, 2. The- follpp^^g shows the number admitted, readmitted, discharged, died, and the average number of patients present, by months, during the year: — Total number admitted in January, 27; February, 38; March, 35; April, 38; May, 32; June, 30; July, 31; August, 28; September, 21; October, 29; November, 28; Decem- ber, 28. Total, 365. Discharged in January, 22; February, 19; March, 38; April, 35; May, 33; June, 35; July, 26; August, 25; September, 26; October, 20; November, 17; December, 19. Total, 315. Died in January, 4; February, 3; March, 2; April, i; May, 5; June, 7; July, 5; August, I ; September, 3 ; October, 2 ; November, 2 ; December, 3. Total, 38. Average number in January, 105; February, 118; March, 120; April, 123; May, 121 ; June, 113; July, loi ; August, loi ; September, 99; October, 105 ; November, 109; December, 115. Patients were received from the different townships as follows: From Alameda, 7; Brooklyn, 17; Eden, 35; Murray, 41 ; Oakland, 242; Washington, 21 ; born in hos- pital, 2. Total, 365. Also from the Supervisors as follows: From Messrs. Brown, 11 ; -Clement, 26; Dusterberry, 15; Green, 33; Hanifin, 91 ; Marlin, 44; Myers, 104; McClane, 26;.Judge Green, i ; Dr. DuBois, 5; admitted by the Superintendent, 7; births, 2. Total, 365. RELATIVE AGES OF PATIENTS PRESENT DURING THE YEAR. Under twenty years, 30 ; from twenty to thirty, 79 ; thirty to forty, 86 ; forty to fifty, 98; fifty to sixty, 86; sixty to seventy, 56; seventy to eighty, 19; eighty to ninety, 13; above ninety, i. Total, 468. RELATIVE AGES OF THOSE WHO DIED DURING THE YEAR. Under twenty years, i ; from twenty to thirty years, 5 ; thirty to forty, 3 ; forty to fifty, 9; fifty to sixty, 8; sixty to seventy, 6; seventy to eighty, 2; eighty to ninety, 3; above ninety, i. Total, 38. Cause of death : Abscess of brain, i ; cancer of face, 2 ; heart disease, 5 ; inflam- mation of lungs, I ; paralysi.s, 3 ; chronic alcholism, 2 ; consumption, 19; gunshot wound, I ; old age, 4. Total, 38. TABLE OF EXPENSES FOR THE YEAR. Salaries officers and employes % 4i78d oo Fuel 864 s6 Medicines , 461 65 Meat, fish, fruit, and vegetables 4i 728 51 Contract supplies, dry goods, and groceries S'7o5 ^9 Repairs and improvements 2,857 16 AH other supplies, incidentals, etc 486 86 Total expenses $19)^^4 43 220 History of Alameda County, California. Average daily expense per patient, for all expenditures, exclusive of repairs and .improvements, 4-1)4 cents. During the year there has accrued from various sales, cash left by deceased patients, and for board of pay patients, $535.25. There has been expended for fares, and cash paid discharged patients, and for various incidentals, $482.80, leaving a balance of cash on hand, $56.45. The amount paid for salaries during 1882 is less than that paid in any year since 1873, when there were only thirty-five patients present daily; it being $500 less than that paid in 1874, when there were only thirty-nine patients daily, and nearly $1,600 less than paid in 1877, when the daily attendance was only sixty-five patients. The following shows the expense incurred during each of the past five years: In 1878, for repairs and improvements, $440.52 for all other expenses, $20,954.15; in 1879, for repairs and improvements, $8,250; for all other expenses, $20,424; in 1880, for repairs and improvements, $945.58; for all other expenses, $17,357.92; in'i88i, for repairs and improvements, $1,782.37; for all other expenses, $17,048.18; in 1882, for repairs and improvements, $2,857.16; -for all other expenses, $17,027.27. From the above it will be seen that the total expenditures, exclusive of repairs and improve- ments, have decreased each year, being $3,900 less during 1882 than in 1878. While the total number of days' board for patients during 1878 was 32,120, the total number of days' board for patients during the past year was 40,515, an increase of 8,400 days, or the equivalent of 25 years for one person. It would appear as if there were a fatality attending the office of County Treas- urer, human nature being, it seems, too weak^o be trusted with monetary responsibility. In nearly every county of the State the unfortunate charge of malfeasance in the office has occurred, and still more sad is the fact that it still occasionally happens. Though temptation surround us, so much the more resolute should we be in meeting it: it is a timid heart and a weak mind that cannot work for the honor and glory o the public weal without descending to the debasing and treacherous act of pecula- tion. On August 17, 1859, the Finance Committee reported a deficiency of six thousand five hundred and eleven dollars and ninety-nine cents in the County Treas- ury. The Board of Supervisors at once directed the District Attorney to bring suit against C. C. Breyfogle as Treasurer of the county of Alameda, and his bondsmen. On the next day that officer's resignation was tendered and accepted, and the position offered to Joseph S. Watkins, but this gentleman declining, James Scott was appointed. On the assembling of the new Board of Supervisors, their first duty was to order the pressing of the suit against Breyfogle and his sureties for " eight thous- and dollars and more." The end of the affair was that the county was no loser as the security was sufficient and the sum missing was made good, all of which was so reported by the Finance Committee on August 13, 186 1. On November 7, 1859, the new Board of Supervisors of Alameda County, con- sisting of J. W. Dougherty, of Murray Township; M. Fallon, Oakland Township; James Shinn, Washington Township; A. A. Anderson, Eden Township; S. M. Davis Brooklyn Township, met, the first-named gentleman being chosen Chairman. On the nth of November, they recommended the passage of a law granting the County Treasurer from three to five per cent, on all sums less than fifty thousand dollars disbursed by the treasury. Political History of the County. 221 During the session of the Legislature in this year (1859), the bridge question again cropped up although it was thought to have been finally settled two years pre- viously. In this year an attempt was made by the owners to pass an act confirming the original contract as granted by the Court of Sessions, as it was contemplated to construct a new one in its place. The Legislature, however, refused the legislation desired, and the question remained in statu quo. As a matter of curiosity, we now produce some of the assessments, showing in whose coffers lay the wealth of the county: — « J. J. Vallejo $190,050 G. W. Patterson $ 17,320 William Castro 148,000 Mrs. A. C. Colombet. 17,000 Estudillo Family 120,359 Thomas G. Carey 15,400 Hathaway, Brady & Crabb 60,800 H. N. Carpenter. . .' 15,000 Soto Family 60,392 Benjamin HoUaday I5,0c0 J. B. Larue 56,145 C. J. Stevens 14,725 Ygnacio Peralta 54,ioo A.Lewelling I3j70o A. Alviso 45,900 California Steam Navigation Company l3i5oo S. B. Martin 43,250 Z. Hughes 13,450 H. G. Ellsworth. . 38,975 Richard Threlfall 12,450 J. W. Dougherty 31,800 "William Glaskin 12,000 F. Higuerra 28,950 Coffee & Risdon 12,000 Livermore Estate 28,300 H. I. Irving 11,675 Contra Costa Steam Navi8;ation Company . . 28,000 Wm. H. Souther 1 1,500 Edward Minturn 27,200 E. S. Eigenbrodt 1 1,450 Robert Simpson 26,750 Mulford cS: Co 11,425 E. L. Beard 26,285 William H. Maddox 11.250 A. M. Peralta 25,S5o,.. Cull & Luce 11,040 Clemente Colombet 25,100 R. B. Donovan 10,950 A. B. Fabes 23,000 Jesse Beard 10,621; Antonio Sunol 21,400 J. Lewelling 10,385 W". M. Lubbock 20,000 A. L. Pioche 10,300 Earl Marshall 18,000 Domingo Peralta 10,000 i86o.^Early in the year 1859 the Alameda County Agricultural Society was organized and fully placed in working order. On February 7, i860, we find them applying ta the Supervisors for the five hundred dollars appropriation authorized by the Legislature, but this sum the Board pleaded its absolute inability to pay, owing to " the present depressed ' state of the finances " of the county, although it was per- fectly willing to hear and act upon the petition. The amount of five hundred dollars was, however, paid on the 27th of the same month, and another like sum, appar- ently, on August 3, 1 86 1. On June 15, i860, two Commissioners were appointed to investigate the matter of county licenses, these gentlemen each to receive twenty dollars per month for their services. The office was abolished on the 8th of August, however. The new Board of Supervisors met on December 10, i860, the members being F. K. Shattuck, Oakland Township; A. W. Swett, Brooklyn Township; John Lew- elling, Eden Township; C. S. Eigenbrodt, Washington Township; Michael Murray, Murray Township; from whom Mr. Lewelling was chosen Chairman, but their operations, though of much profit to the county for the balance of the year, are of not much profit to the historian. We are not a partisan in politics, but the year i860 is one the memory of which 222 History of Alameda County, California. should not die. In it the Republican party, which came into existence in 1856, ousted the Democrats from their position, which they had held for more than three decades. The Republicans became dominant throughout the country, the State, and the county, and the first martyed President, Abraham^ Lincoln, was called to the highest position in the gift of the people. 1 86 1 — The initial record for the year 1861 demonstrates the idea that the Board of Supervisors had not found the bills presented by Justices of the Peace and Con- stables always in order — indeed, that they usually bore on, their faces -the brand of extravagance. To remedy this they passed an order, on February 4th, introducing a system of "red-tape," whereby the accounts of these officers should all be certified to ere presentation. At this meeting Supervisor Eigenbrodt, of Washington Town- ship, spoke of the desirability of constructing a good, durable road through the county that can be traveled at all seasons of the year, on which the Board resolved to orig- inate and present a plan. On February Sth two hundred and seventy-five dollars were paid, for engraving and printing county bonds on account of the bar at the mouth of San Antonio Creek, to Benjamin F. Butler. Not long after this gentleman became famous, and is, we are informed, the now renowned Ben. Butler, the lawyer- general-Governor of Massachusetts. The county, on the same date, purchased from J. W. Carrick, at a sum of three hundred and seventy-five dollars, a safe for the Treasurer's office, that in which the public funds had been hitherto placed being provided by that official himself at his private expense. In the minutes of Febru- ary 1 2th we find that the Board had knowledge of a petition having been presented to the Legislature whereby Washington Township should be given back to Santa Clara County, but the Representative in the Legislature was instructed that such a proceeding would be unwise, and the matter finally dropped. May Sth J. O. Miner and Joseph Chadbourne, having petitioned that the span in the Oakland Bridge (Twelfth Street Bridge) be widened, at their own expense, so that they could be able to ship bricks through it, a committee was appointed to investigate and report, the prayer of the petition being finally granted. In the year 1861 there were no less than three parties in the field, namely, the Republicans, Democrats, and Union Democrats, the first being successful in all parts of the State. For the distinguished office of State Senator, A. M. Crane, Repub- lican, received twelve hundred and seventy-four votes; H. Linden, Democrat, two hundred and eighty-eight; and N. Hamilton, Union Democrat, six hundred and sixteen votes, while there were no less than six candidates in the field for the office of Member of Assembly, the successful competitors being the two Republicans, S. B. Bell and J. M. Moore. The Supervisors elected were: Charles S. Eigenbrodt, Wash- ington Township; William Meek, Eden Township; Michael Murray, Murray Town- ship; H. Robinson, Brooklyn and Alameda Townships ; F. K. Shattuck, Oakland Township, the last-named gentleman being chosen Chairman. Having adopted rules of procedure, as well as the committees of their predecessors, they commenced their labors on November 4, 1861. It can never be forgotten that during this year (1861) the great Civil war burst upon the country carrying with it all its accompanying heart-burnings, havoc, and Political History of the County. 223 desolation. Though the scene of actual warfare lay thousands of miles away, our own California was not without its sympathizers. Military companies sprang up on every ' side determined to maintain the integrity of the Central Government, and Alameda County, was not behindhand in practically asserting her. loyalty. On August 31, 1861, the Oakland Hfonvs Guard was organized and properly officered by gentlemen whose names will be found elsewhere, while, on November 4th, it is of record that they were allowed a monthly apportionment of twenty dollars, which, January i, 1862, was raised to fifty dollars per mensem, wherewith to provide an armory. Of the further doings of the Oakland Home Guard and other corps we speak in our chapters of Township Histories; but we may here record, while on this subject, that, February 18, 1862, the Board of Supervisors passed the following preamble and resolutions, which were carried nem con: — - "Whereas, The news of the success of our arms at Fort Donelson (captured February i6, 1862) and else- where inspires us with feelings of joy and gratitude and lively hopes of a speedy restoration of the Federal Union and the supremacy of the Constitution ; therefore, "Resolved, That this Board do now adjourn for ten minutes for the purpose of raising the glorious old flag of the Union and saluting it with three cheers and a tiger.'' The record then follows with these words: "All of which being done with a will and with the proud emblem of our Country's Liberty floating at the mast-head the Board resumes the tame business of consideration of accounts." The probable author of the foregoing. Supervisor Eigenbrodt, afterwards sealed his patriotism with his life as an officer of the California Hundred. In this year crime was rife throughout the county, and especially in Murray Township, it frequently occurring that first-class misdemeanants escaped from out of the reach of the law. The Sheriff was at too great a distance to effectively interfere, he therefore appointed James S. Kapp his Deputy for that district — the initial step towards suppressing lawlessness in that out-of-the-way section of Alameda County. In 1 861, the county had to deplore the loss by death of Hon. A. L. Rhodes of San Jose, the Joint Senator representing Alameda and Santa Clara Counties, a gentleman much respected by all, and of high literary attainments. We may now close the record of 1861 by mentioning that notwithstanding the Republican Ticket having carried all before it at the general election, the Democracy held sway at the Charter election for the officers of the city of Oakland. 1862. — This year opened with a series of devastating floods throughout the county, remarks on which will be found elsewhere ih this work. The first matter of interest to be noticed in this place as performed by the Board of Supervisors was the appointment of a committee to ascertain the probable cost of a perfect and accurate map of the county, which it is presumed was supplied, for later we find a copy of one in the Recorder's office mentioned. On May s, 1862, we find that the county printing was given to the Gazette at twenty-five dollars per quarter. It would appear that the Grand Jury found, in this year, the Court House, jail, and other county build- ings in a state of disrepair, on which some condemnatory remarks were passed, other- wise, the affairs of the county were in a very flourishing condition, while the manner in which the different offices were conducted, and the integrity of the officials in 224 History of Alameda County, California. charge were highly commended. The periodicals of the day hand down to posterity the following rather absurd blunder on the part of the then Senator from Alameda. It would appear that the copies of a bill which he introduced in the Legislature con- cerning roads in the county, in its sixth section read: "The Board of Supervisors shall not open or establish any road or highway through the ornamental grounds of any dwelling-house of over three years' growth, etc." The relator goes on to state that Mr. Oulton of San Francisco, rose in amendment, and with much gravity moved to insert after the word "through,'' this clause: "The number of years which the house has been growing shall be determined by the rings of the chimney,'' this gentleman evidently drawing his inspiration from a rather recent visit to the Calaveras and Mariposa Big Trees. On April 24th of this year, in defiance of the determined opposition of Senator Crane, the bill providing for the payment of the Oilman debt to Contra Costa by Alameda County was carried by a large vote. The Board of Super- visors at their May term directed the levy of fifteen cents on each ohe hundred dollars' worth of property, as a war tax, as well as a per capita tax of two dollars on each male inhabitant between the ages of twenty-one and sixty years. June 14, 1862, a Union County Convention was held at San Leandro when delegates to the State Convention to be held in Sacramento on the 17th were selected as follows: A. M. Church, A. M. Crane, W. W. Crane, Jr., A. J. Kelly, William Kennedy, S. W. Levy, William Meek, J. M. Moore, F. K. Shattuck. The presiding officer at the State Convention was Walter Van Dyke, of Humboldt, but subsequently, for many years, an honored resident of Alameda. For the purpose of nominating candidates for the Assembly, a second Union Convention was held at San Leandro on August 13th, when there were present over fifty delegates, who were about equally divided between Democrats and Republicans. On the occasion resolutions of un- swerving loyalty were passed, and some opposition to the candidature of Milton S. Latham for United States Senator expressed. Henry Robinson of Alameda, Repub- lican, and Thomas Scott of Washington, Democrat, were the choice for the Assembly of the Convention. The election in the month of September proved the wisdom of this selection, as the accompanying votes will explain: For Assembly, Robinson, (Union) nine hundred and fourteen votes; Scott, eight hundred and thirty-four; John- son, (Union Democrat) seven hundred and seventy-seven; Fallon, six hundred and forty. It may be mentioned, and it is generally conceded, that the creation of the Union Democratic party is due to Alfred A. Cohen, an eminent lawyer of San Fran- cisco and a wealthy resident of Alameda. On November 3, 1862, the new Board of Supervisors consisting of F. K. Shat- tuck, of Oakland Township; William Meek, of Eden Township; S. M. Davis^ of Brooklyn and Alameda Townships; H. Overacker, of Washington Township ; and J. West Martin, of Murray Township, took their seats, elected Mr. Shattuck Chairman, and adopted the rules of procedure of the year 1859. In this month an election for District Judge of the Third Judicial District was held, with a majority for Samuel Bell McKee of seventy-six votes, as will be gleaned from the following figures : — S. B. McKee. T. a. Brown. Monterey 349 Santa Clara 420 Santa Cruz 199 Contra Costa 385 — 805 Alameda 333— 881 Jj ??S-s-> Political History of the County. 225 1863. — The political aspect of the country remained unchanged, for the dreadful civil war was yet raging ; in our own county, however, demonstrations were not want- ing to intensify the patriotism of the people, while it is rendered famous in the history of the county as that in which the question of subsidy to railroads was tested in the instance of the Alameda Valley Railroad, and in that of the world as the year in which the first sod was cut for the great Central Pacific Railroad. In this year too the functions of the time-honored Court of Sessions were ended, and their mantle descended upon the shoulders of the Board of Supervisors. On January 2d, intelligence was received from San Francisco of the death of Judge Lent, of the Alameda County Court, after a long and painful illness. His place was soon filled by Governor Stanford, who appointed Major Noble Hamilton to the office, Asa Walker and George Fleming being chosen Associate Justices by Mr. Hamilton. Owing to another of the county's officials being called upon to cross.the dark river, we find recorded under date April 6, 1863, the follow:ing resolutions, tn ■memoriam : — "Whereas, Since the last meeting of the Board of Supervisors of the county of Alameda, Samuel M. Davis, one of the members of this Board, has departed this life, and the other members of the Board being desir- ous of manifesting their respect for his memory; therefore, " Resolved, That in Samuel M. Davis we have always found, in the discharge of his duties as a. member of this Board, uprightness of purpose and a strong solicitude to follow the path of right. In our social intercourse we found him the warm and generous friend, with affable disposition and deportment; we therefore sincerely deplore his loss. "Resolved, That these resolutions be spread upon the minutes of this Board in token of respect to his memory.'' On January 10, 1863, articles of incorporation of the Alameda Valley Railroad were filed in the office of the Secretary of State, the length of the line being twenty- two miles, and its terminus at Niles, the estimated cost of which was seven hundred and fifty thousfind dollars, shares being put at one hundred dollars each, with ten per cent, paid down. The first Board of Directors were: B. C. Horn, President; Timothy Dame (President of the San Josd Road), Treasurer; George E." Potter, Sec- retary; and William Hayward, J. A. Mayhew, J. B. Felton, E. M. Derby. The Board of Supervisors being authorized by the Legislature, the direct result of a bill intro- duced by Senator Crane, approved April 21, 1863,^0 subscribe for Alameda County two hundred and twenty thousand dollars' worth of stock in the enterprise, should the sanction of the people be obtained, a special election was held June 2, 1863, when the proposition was declared lost, as under: — Precinct. Whole No. Votes. Yes. No. Oakland 419 389 30 Temescal So 49 i Ocean View S^ S ' Brooklyn 258 103 155 Half-way House 65 5 60 San Leandro 90 12 78 Haywards 117 49 68 San Lorenzo 66 6 60 Mount Eden 45 11 34 Alvarado 132 16 Ii6 Mission San Jos6 152 26 126 Centreville , 198 24 174 Hart's (Murray) 57 $6 i Dougherty's Station 62 4 58 Alameda 49 28 21 l8i2 829 982 22() History of Alameda County, California. Giving a majority against the proposition of one hundred and fifty-three votes. In this year J. B. Larue, A. W. Swett, and William Hayward obtained a franchise in San Francisco for constructing a wharf for the accommodation of the ferry line of steam- ers plying between Oakland -and San Francisco. They grounded their petition on -4:he4jlea that, the line had been in operation since 1858, and that it had become a neces- sity to the public. About this time Senator Porter of Contra Costa had the claim against Alameda County submitted to a committe of the Senate hoping to compel its payment, but they reported against it; suit was thereupon instituted and, August 8th, O. L. Shafter was paid by the Board of Supervisors the sum of five hundred dollars to defend the case. On August i8th we find that the Board of Supervisors deter- mined to lay a side-walk on either side of the road between Alvarado and Centreville and make provision for shading the same with trees; but although the first part of the proposition was carried out, the matter of planting trees was revoked March 7, 1864- On June 13th a Union Party Convention assembled at San Leandro under the presidency of Asa Walker, with F. M. Campbell, Secretary, when the following dele- gates to the Union State Convention at Sacramento were appointed: Alameda Town- ship, Henry Robinson; Brooklyn Township, A. W. Swett; Eden Township, William Meek; Murray Township, (no delegate); Oakland Township, John McMann; Wash- ington Township, H. Overacker. The Democratic County Convention was held at the same place on the 27th of June,.and among those who took a part in its affairs was ex-Governor Weller, who, in 1 863, was a resident of Fruit Vale, while on August 1st the Union County Convention' met for the purpose of nominating the county ticket, which at the election was triumphant in every instance. At this election the vote in Alameda County for Governor was. Low (Union), one thousand three hundred and ninety-two; and Downey (Democrat), eight hundred and five. In regard to the Judicial election held October 21st, Judge McKee defeated Judge Brown of Contra Costa, who had received the Union Nomination, by three hundred and thirty-three votes. In September of this year a mandamus was issued by Judge Reynolds, of Contra Costa, with the purpose of compelling the Board of Supervisors of Alameda County to levy a tax to pay the Contra Costa judgment, but on application to the Supreme Court a stay gf proceedings was granted. On the 14th of the same month panels of grand and trial jurors were apportioned in the following manner: Alameda Township, three; Brooklyn Township, nine; Eden Township, eleven; Murray Township, six; Oak- land Township, seventeen; Washington Township, fourteen. During the year 1 863 the Legislature passed an Act providing for the election of two additional Supervisors for the county, and that the townships of Brooklyn and .Alameda have'power to elect one Supervisor for each township; therefore, on October 5 th, when the new Board met it was composed of A. Cummings, of Alameda Town- ship; Robert S. Farrelly, of Brooklyn Township; William Meek, of Eden Township; John Green, of Murray Township; F. K. Shattuck, of Oakland Township; and H. Overacker, of Washington Township; Mr. Shattuck being again chosen Chairman, On November 2, 1863, plans and specifications for a bridge across the San Leandro Creek at the town of that name were adopted, and sealed proposals for build- ing the same were desired to be called for, the work being eventually let to Dole & Political History of the County. 227 Brother, at the contract figure of two thousand five hundred dollars. November 3d, the Alvarado Guards asked for an apportionment for rent of armory and were allowed fifty dollars per month from that date, while, December 7th, the last record of the year. District Attorney W. W. ' Crane . resigned' his position and .was ^replaced by George M. Blake. ' - r ,..r i-- - . 1864. — The Grand Jury which met in January of this year having declared the county jail to be a public nuisance, the Board of Supervisors must have taken the matter to heart to some extent, for we find them, on February 2d, appealing to the Representatives in the Legislature to have a bill passed as soon as possible, authoriz- ing the levy of a special tax for the erection of a county jail and making urgently- required repairs to the Court House. In the meantime a watchman was placed in charge "until the parties at present confined therein for grand larceny be discharged;" while on the 23d of the same month a committee was appointed to make a thorough investigation into the condition of the premises, who it would appear reported that its state was far from satisfactory, and that additional accommodation was imperatively necessary. To this end a contract was entered into with Messrs Kittredge & Leavitt for the construction of an iron cell to cost sixteen hundred dollars, a work that was at once proceeded with, reported complete, and paid for, September 5, 1864. On May 23d a proposition to make the jail of the city of Oakland a branch of that of the county for the confinement of persons where the city was liable ' for the exipenses of keeping, was received and referred to the District Attorney. At the previous meet- ing of the Board, a committee was appointed to report upon the advisability of build- ing a board fence around the Court House Square, a proceeding they considered unwise. However this does not appear to have been the opinion of the majority of the Supervisors, for they adopted a plan presented by E. H. Goff, and specifications there- fore were received, and proposals to build advertised for; and on the 1 5th August, another committee was appointed to superintend the construction of a high fence to inclose the jail, repair the well, etc., at a cost not to exceed five hundred dollars, a labor that was apparently performed, as, on the 19th October, a charge of four hun- dred and seventy-five dollars for such work appears on the minutes. During the month of January J. B. Larue, at a meeting of the Board of Super- visors, presented a scheme for their approval having as its object the improvement of the navigation of the San Antonio Creek, provided he were allowed a franchise and permitted to levy a toll. Frequent attempts to effect this boon had been previously made but to no avail, while he deprecated the idea that the granting of such a privi- lege would have the appearance of the Supervisors' countenancing a monopoly, as there were already two ferry lines having communication between Oakland and Ala- meda and San Francisco, irrespective of that which used the creek. Mr. Larue made the proposal in the name of the Oakland and San Antonio Steam Navigation Com- pany, of which corporation he was the President. ' Further resolutions were introduced by him, February 2d, but the subject was left in abeyance for some time; the Super- visors, however, subsequently thought favorably of the plan, which was embodied in a bill that was, although passed by the Legislature, vetoed by the Governor. On February 18,1864, the Oakland News was given the publishing of the proceed- 228 History of Alameda County, California. ings of the Board of Supervisors at the same rate as charged by the Alameda County Gazette. March 3d, Socrates Huff, the newly-elected County Treasurer, presented his receipt, showing that he had received from J. W. Carrick, the late incumbent of that office, the sum of ten thousand two hundred and twenty-one dollars and sixty-six C2nts, being the amount of funds on hand in the County Treasury; and on the 7th, twenty thousand dollars were distributed among the Road Districts of Alameda, Brooklyn, Eden, Murray, Oakland, and Washington. On the 3d of the same month occurs the first bid for national aid to improve the navigation of the San Antonio Creek, at which time resolutions, setting forth the immense advantages that would accrue to the county were such a scheme perfected, were passed and ordered to be sent to the Senator and Assemblymen of Alameda in the Legislature. Under the chairmanship of Dr. W. Newcomb, of Oakland, and S. S. Saul, Sec- retary, a Union County Convention was held at San Leandro on March 19th, at which time delegates were appointed to the State Convention to be held in Sacra- mento, who selected those to proceed to the National Union Convention to choose candidates for the offices of President and Vice-President of the United States,- their unanimous sympathy, as the sequel showed, being with Abraham Lincoln. In contin- uation of this subject we may state that the Democratic County Convention met at the same place on the 7th of May for a similar purpose, with William S. Moss pre- siding, and Harry Linden, Secretary, when William S. Moss, P. E. Edmondson, W. H. Glascock, and Harry Linden, were appointed delegates to the State Convention. These political meetings culminated on the 29th October, when a very numerously attended and enthusiastic gathering of Union followers at San Leandro — the largest then that had been had in the county — met to do honor to their popular nominees. I. A. Amerman, President of the Lincoln and Johnson Club of San Leandro, officiated as Grand Marshal of the Day, with E. M. Smith, Lysander Stone, and E. C. Jacobs, as Aides-de-Camp. As the sun reached the meridian the strains of music from the south proclaimed the arrival of the contingent from that portion of the county, headed by a brass band. It included a delegation from Centreville, with Capt J. M. Moore as Marshal; another from Alvarado, with whom was the mihtary company in full uniform and accoutered, with Judge Williams as Marshal; while there came under the marshalship of Henry Smith, a strong body from San Lorenzo. This column presented a most imposing appearance when on the line of march, as it occupied the space of road between San Lorenzo and San Leandro, with its flag- bedecked wagons and gaily-caparisoned horses. The hour of noon had scarcely tolled ere the phalanx from the northern portion of the county came in sight with "Fife and "Steed, and trump and drum, and roaring culverin,'' This last being a mounted cannon, bearing the label, " The Peacemaker." This con- tingent was marshaled by F. K. Shattuck, of Oakland, accompanied by Gen. Irwin McDowell, the members of his staff, and the Oakland Guard. The Brooklyn dele- gation, with some men from San Francisco, marshaled by Hon. Thomas Eager, numbered a thousand men. The Alameda division was headed by Judge Hastings, and when moving stretched from Alameda Lane to San Leandro, a distance of four miles and a half, these two making a procession eight miles in length. This vast concourse passed in review order before General McDowell, who stood in his carriage. Political History of the County. 229 with uncovered head, company by company, as they filed past, making the welkin ring with their loyal cheers. The Hon. Edward Tompkins was President of the Day, who made a most eloquent and soul-stirring speech, and was followed by Hons. Delos Lake, Nathan Porter, F. M. Pixley, J . G. McCallum, Attorney-General McCuUough, W. H. L. Barnes, and Judge Tyler, the Secretaries for the occasion being Messrs. Saul, Gagan, and Estabrook Smith. This demonstration was in every sense a most enthu- siastic one, as is now remembered with great gratification by those now alive who par- ticipated in it. At this time great dissatisfaction was felt at a -fee bill that had passed; the Legis- lature through the instrumentality of Assemblyman Scott, therefore it became neces- sary to pass a new Act, making the fees of the Sheriff the same as those established by the enactment of 1855, and repealing the clause relative to the fees of Justices of the Peace and Constables; while, about the same period, Andrew B. Forbes and his associates made application to the Legislature for the grant of a wharf franchise, to maintain and construct such a pier at Green Point, for the public convenience and the accommodation of steamers plying between San Francisco and Alviso. The South Pacific Coast Railroad have now built to that point from San J()s6, and in its vicinity has since sprung up the town of Newark. On May 2, 1864, Dole & Brother were paid the sum of two thousand dollars on account of the building of the bridge at San Leandro, while the time for finishing the same was extended to the ist of June. It was, however, completed and accepted by the county on May 23d, and the balance of two thousand four hundred and forty- five dollars due to them paid; while, it was ordered, August 8th, that a fine of fifteen dollars be imposed for rapid driving over it. On May 5th, the Auditing Committee on the accounts of the Auditor and Treasurer, from February i, 1862, to February i, 1864, reported that they found these in a satisfactory state and correct; and on the 23d it was reported that a bridge over Alameda Creek, near the Bell Ranch, was impera- tively necessary. On the sarhe date plans and specifications for repairing and replank- ing the Oakland Bridge were ordered and bids for doing the same called for. This contract was let to A. W. Hawkett & Co., for nineteen hundred and ninety-five dol- lars, to be paid in county warrants on completion, which was duly done August 8, 1864. The old lumber was thereafter sold, and the proceeds, seventy-seven dollars and fifty cents paid into the Treasury. As is too well remembered, party feeling ran very high at this period, and many were the disloyal statements made by the unthinking portion of the community. The county, however, never had itself so startled as it was when the intelligence was received from San Francisco that its District Attorney had been apprehended by a United States Marshal for using seditious language, and incarcerated on Alcatraz Island. The crime, however, proved to be less serious than was at first imagined, for, soon after, Gen. J. S. Chipman was released on taking the oath of allegiance. In June of this year the following excellent joke was perpetrated on Judge Church, the first County Clerk and Recorder of Alameda, and at present a very able and efificient Justice of the Peace of Oakland Township. It would appear that sev- eral gentlemen had determined to subscribe a monthly amount towards the Soldiers' Relief Fund, during the continuance of the war, and among those who subscribed ten 230 History of Alameda CouNxt; California. dollars per month was our excellent friend. Upon the receipt of the contribution, the Committee of the Soldiers' Relief Fund published the acknowledgment in the Aita California — then, as now, a morning paper — of ten dollars from "A. M. Church, San Leandro," which appeared in the Bulletin of the same evening, transmogrified into the following: " African Methodist Church of San Leandro," thus taking a very strange, though innocent, liberty with Mr. Church's initials. On November 8, 1864, the Presidential election showed a majority in this county for Lincoln of six hundred and fifty-eight votes, while his plurality throughout the State,,w1|g;i:m'xt€;eH, ithousand six -Jiundredt-find; 1;hirty-four votes; and, for Congress, Higby rec6ived fourteen hundred and fifty-eight votes, as against seven hundred and ninety-seven for Coffroth. The new Board of Supervisors met December 5, 1864, as follows: F. K. Shat- tuck, Oakland Township; L. Fassking, Alameda Township; R. S. Farrelly, Brooklyn Township; William Meek, Eden Township; H. Overacker, Washington Township; John Green, Murray Township. Mr. Shattuck was chosen Chairman. Standing Committees on Auditing and Finance, Roads and Bridges, Judiciary and Hospital, were appointed, and Dr. E. Gibbons, L. Fassking, and F. K. Shattuck, elected man- agers of the County Hospital. It should be mentioned that during the year 1864 was the first term that the Legislature sat under the biennial system inaugurated by the amended Constitution. 1865. — Besides a general activity in railroad building, there was notJiing of great "polificabsignificarice'b'ccurred in Alameda. County, although, the assassination of Pres- ident Lincoln occupied much attention. The first item of note is the allowance, on February 11, 1865, of fifty dollars a month to the Hayward Guard for the purpose of providing an armory; while, August 21st, the like sum for the same object was granted to the Brooklyn Guard, another military organization. In this month the Supreme Court affirmed the judgment obtained by Contra Costa County against Alameda County, for the old Oakland (Twelfth Street) Bridge indebtedness, the amount being fifteen thousand dollars, and, on November 25th, under the Act approved April 26, 1862, the amount paid by Alameda to Contra Costa, if any, was directed to be apportioned, fifty per cent, to be applied to building a road from the Walnut Creek House, in Contra Costa County, to the Alameda County line, to super- intend which, on the 27th of Decerpber, F. K. Shattuck was appointed Commissioner to meet a like official from Contra Costa. On March 2, 1865, the collection of the road poll tax was systematized, and Road Commissioners were directed to procure a sufficient number of receipts for the purpose of issuing them to Township Assessors, who were to make monthly and yearly reports of the same and be held liable, on bond, for any deficiency. On the same date the petition of the San Francisco and Alameda Railroad Company and others, for permission to lay their track through Alameda Street to Ward Street, and through the latter to the easterly sidcvof the county road, was granted, so far as crossing the county road at the termination of Ward Street was concerned; while, at the same session of the Board, the following apportionment of grand and trial jurors was made: Oakland Township, seventy- eight; Alameda Township, fourteen; Brooklyn Township, thirty-six; Eden Town- Political History of the County. 231 ship, thirty-seven; Washington Township, fifty-six; Murray Township, nineteen. In the month of March, in this year, we find that the committee to whom was delegated the duty, examined and passed that now distinguished lawyer, A. A. Moore, who was admitted to practice in the District Court. Mr. Moore was the first law student from Alameda County to make such an application. The profound , sensation caused on the receipt of the intelligence of President Lincoln's assassination may be more readily imagined than described. On April 17, 1865, the Board of Supervisors held a meeting, there being present Messrs. Fassking, Farrelly, Meek, Overacker, and Green. Mr. Farrelly being chosen Chairniafi p^d-'l^m.^: upon taking his seat he offered the following resolutions,' which were unanim'ously adopted: — " Whereas, The sad intelligence has recently come to us of the death of our beloved President, Abraham Lincoln, who has been inhumanly murdered in cold blood by a brutal assassin, the like of which cowardly assault does not find its parallel in the history of the world, therefore be it "Resolved, That as we have always loved and respected Honest Old Abe, our Good President, while he lived, and in common unison with our fellow-citizens throughout the Union, we are sad and sorrowing to-day at the great loss our nation has sustained, trusting in the God of our fathers, who has always sustained our nation, and who ever keeps her destiny in his hands to still uphold our country during this terrible affliction. It is hereby further "Resolved, That we do now, as a Board of Supervisors, adjourn without transacting any business until the first Monday of May, and that all matters coming before us at this time be continued until the said first Monday of May, and that the Sheriff of the county be directed to drape the Court House with appropriate badges of mourning, the same to remain thirty days. " And the Board then adjourned. F. K. Shattuck, Chairman. "Attest: G. E. ^vmv.. Deputy Clerk.. About this time the late Hon. J. B. Felton was a prominent candidate for the position of United States Senator, and many were the remarks made as to the means used to further his candidature, but with these we have nothing to do. His cause was warmly espoused by the Oakland News, and as strenuously opposed by the San Leandro Gazette. On the 5th of August the Union County Convention was held in San Leandro, and the Democratic Convention at the same place on the 24th, the platform adopted being: First — In favor of a hard money currency, with an exten- sion of the Specific Contract Act, to include verbal contract for workingmen's wages. Second — Opposition to negro or Chinese suffrage. Third — In favor of the recon- struction of the Southern States on the principles established by President Johnson. At the general election which followed, on September 6th,- the Union candidates were successful in every instance; while, at the Judicial election held in the following month, S. W. Sanderson, the Republican nominee for Judge of the Supreme Court, received, in Alameda County, three hundred and ninety votes more than did Hartley, the Democratic candidate. On October 23, 1865, the new Board of Supervisors, consisting of F. K. Shat- tuck, Oakland Township; A. Cummings, Alameda Township; R. S. Farrelly, Brook- lyn Township; J. B. Marlin, Eden Township; H. Overacker, Washington Township; John Green, Murray Township, met, while among their first duties was the granting of a contract to E. Dole to build, for thirteen hundred dollars, a bridge acro.ss Ala- meda Creek near the Bell Ranch, which was completed and duly accepted November 10, 1865. 232 History of Alameda County, California. 1866. — In the month of January, 1866, a bill was vetoed by the Governor which had for its object the granting to the Alameda Railroad Company a subsidy of ten thousand dollars a mile, to be raised by a tax of twenty-five cents on each one hun- dred dollars' worth of property, but fortunately it brought numerous remonstrants and was very properly demolished. The chief questions during the session of the Legislature in this year was what was known as the " No Fence Law," and the rail- road subsidy. The first of these, introduced by Hon. Thomas Eager, was subse- quently withdrawn, and the second, although it passed, was strongly opposed by the citizens, who, in meeting assembled at Oakland, March 27th, called upon the Governor to veto it, which he did. In this year Senator Robinson introduced yet another bill in the Legislature. It was for the purpose of imposing and regulating a dog tax. On March 26, 1866, the Jackson Guards, another military organization, was allowed by the Board, the sum of fifty dollars per month for rent of an armory; on April 4th further payments to military companies were ordered suspended to await legislative action on the militia law, which subsequently allowed warrants to them up till April I, 1866, and no farther. A commission wasappointed jointly by the Alameda and Contra Costa Boards of Supervisors to survey the Telegraph Road with a view to its permanent improvement, about this time; while on Match 26th the salaries of ■ the Auditor and Clerk of the Board were respectively fixed at nine hundred and two hundred and fifty dollars per annum. In the beginning of March, 1866, the San Antonio (Twelfth-street) bridge ques- tion again cropped in the rendering of a judgment against the claimant, in the case of Oilman vs. Contra Costa County, in the Supreme Court at Sacramento. Early in this chapter we have touched upon this subject (pp. 191 to 195, and 200 to 204) and shown to the reader how an original claim of seven thousand four hundred dollars may be increased to eighty-five thousand dollars and upwards. On May 7, 1866, five Pound Districts were established, keepers appointed, and rates for the county established as follows: — Cattle, horses, mules, etc. First day ;$i.oo Each subsequent day 50 Swine, sheep and goats. First day 50 Each subsequent day 25 On the same date a change in the Road Districts was effected, while the road poll tax, and road tax, , collected for 1866-67 was directed to be set apart to the credit of its own especial district. On the 29th the following Road Commissioners were appointed: Henry P. Barlow, Alameda Township; M. C. LaGrange, Brooklyn Township; Hiram Madden, Eden Township; O. Morgan, Washington Township; J. Donlon, Murray Township; Samuel C. Percy, Oakland Township; whose bonds were fixed at one thousand dollars each. This scheme, it is presumed, did not work satis- factorily, for on September 10, 1866, the road tax was ordered to be distributed once more, the Auditor being directed to call in all outstanding road warrants drawn on the different Township Road Funds and issue, in lieu thereof, warrants on the General Road and Bridge Fund of the County for the amount of principal and interest of said warrants called in. The County Superintendent of Schools, Rev. C. E. Rich, pre- sented a report on the re-establishing and more clearly defining boundaries of the Political History of the County. 233 several School Districts, which being fully considered at their meeting of June 5th, the Board then established: Oakland, Temescal, Peralta, Ocean View, Bay, Brooklyn, Lockwood, Redwood, Alameda, Encinal, Union, San Lorenzo, Eden Vale, Eureka, Alvarado, Alviso, Lincoln, Centpcville, Mowry's Landing, Washington, Mission San Jose, Warm Springs, Mission Peak, Murray, Pleasanton, Livermore, Suiiol. On June 1 2th, the Contra Costa Water Company were granted the privilege to lay pipes in Brooklyn Township. In accordance with the law requiring all persons claiming the right to vote should be enrolled in their respective townships, the following Enrolling Clerks were ap- pointed: Charles H. Haile, Alameda; , Brooklyn; Joel Russell, Eden; J. W. Dougherty, Murray; Perry Johnson, Oakland City; T. L. Walker, Oakland Township; J. Shinn, Washington. On September 5, i865, the following Supervisors were elected: F. K. Shattuck, Oakland Township; Robert S. Farrelly, Brooklyn Township; J. B. Marlin, Eden Township; John Green, Murray Township; William Threlfall, Washington Township; A. Cummings, Alameda Township. There was a tie between Messrs. Cummings and Millington for the office of Supervisor for Alameda Township, each candidate receiving forty votes, but the special election held on the 22d of the same month resulted in the choice of Mr. Cummings. Henry Dobbel, under date December 10, 1866, put in a claim for four hundred dollars, alleged value of a mule killed in crossing an insecure bridge near Dougherty's Station, which, on, being delegated to a committee, was finally rejected on January 6, 1867. The condition of the Court House would still appear to have been a cause of solicitude to the Board, for we find them on December loth appointing another com- mittee to examine into its condition, who reported that thirty dollars would make all the repairs necessary. At the same time GofPs plan for fencing that building, long since "pigeon-holed," was once more brought to light, and subsequently a contract was entered into with John Taylor, for fourteen hundred dollars, it being paid for, and therefore completed, March 23, 1867. The Board of Supervisors, on December loth, adopted a rule that the first day of each meeting should be devoted to petitions, reports of county officers and auditing bills, unless otherwise ordered by two-thirds of the members present; and also, decided upon explicit regulations for the government of Justices of the Peace and Constables in their reports; also for those of Road Commissioners. In compliance with the requirements of the law, on December 3d the Board of Supervisors made a semi-annual statement of the revenue and finances of the county and the debt existing at that date. The receipts from all sources ware as follows: — From State Fund $55,711.26 " County General Fund 19,752.11 " Common School Fund 15,469.67 Road and Bridge Fund 23, 176.70 " Indigent Sick Fund 4.379-02 '• Oakland Bar Fund 3.882.52 " Contra Costa Fund 2,453.01 Total $125,824.29 Cash on hand June 4, i865 13,137.22 Grand total of Receipts $138,961:51 16 234 History of Alameda County, California. The total value of assessed property in Alameda County for the year was five millions six hundred and twenty thousand nine hundred and seventy-six dollars and fifty cents. 1 867. — This year is remarkable as one when the Sheriff's office was no sinecure ; crime was rife, and owing to the amount of individual lawlessness, the Grand Jury were three days in getting through the business of the January term. They returned into coiirt with eleven indictments, embracing all the range of crime from man- slaughter to petit larceny. It appears that at thjs sitting of the court, one prisoner was tried for the grave offense of stealing a horSe, but was acquitted — so said the Gazette — by Yivs, peers. This legal phraseology, however correct, did not find favor with some of the jury in the case, who thought that the mighty wielder of the shears and paste-brush had branded them as horse-thieves, he was therefore called upon for an explanation, which no doubt he made^ as it is not recorded that vengeance fell upon his devoted head. In January, 1867, an important decision was rendered by the Supreme Court, touching the question of damages and benefits to property by railroads. The partic- ular case of which we speak was that of the San Francisco, Alameda, and Stockton Railroad vs. Andrew Caldwell and others, land-owners on the route of the road. It had been decided by Judge McKee that it was wrong for Commissioners to take the supposed benefits conferred -by a railroad as whole or part compensation for lands taken from an owner for right of way. This decision the Supreme Court reversed, maintaining that the difference in the value of property before and after the improve- ments should be taken into account in awarding damages and benefits. Justices Curry, Shafter, and Sanderson sustained this view, b,ut Justice Rhodes dissented, on the ground that " benefits'' could not be considered in ascertaining the "just compen- sation" to which the land-owner is entitled under the Constitution. On February 4, 1867, the Board of Supervisors resolved to expend three hundred dollars in laying out Court House Square and planting trees therein, but that sum being considered insufficient for the purpose, two hundred and fifty dollars more were appropriated, and on April 13th a flag-staff, to cost fifty dollars, was ordered for the square. On April 23, 1867, Supervisors Green and Threlfall endeavored to rescind the order in force in regard to the distribution of the Road Fund, but were voted down by Messrs. Marlin, Cummings and Farrelly, but the old order was subsequently adopted on April 13th. The Board having heard that Dr. Haile had a claim against the county for medical. services rendered to prisoners in the jail, under order of the former Board, on April 13th, annulled such order and notified the doctor not to render service unless so ordered. At the following meeting he was allowed three hundred and twenty-fiv2 dollars. On this same date the Contra Costa Water Company obtained permission to lay pipes in Oakland Township; and, on May 27th, Dr. T. H. Pinkerton was elected resident physician of the County Hospital. On June 8, 1867, the Union County Convention was convened at San Leandro, but discord had crept into the ranks of the party, and there was an undoubted diver- sity of opinion in the assembly. Judge A. M. Crane was chosen Chairman, and A. M. Church and William Gagan, Secretaries, while there were some fifty delegates Political History of the County. ,235 in attendance from all the townships in the county, and the following emissaries were appointed to the State Convention at Sacramento: John W. Dwinelle and B. F. Ferris, Oakland Township; A. M. Church and B. F. Marston, Washington Township; William Meek, Eden Township; S. Milbury, Brooklyn Township; A. M. Crane, Ala- meda and Murray Townships jointly. Mr. Dwinelle offered two resolutions, which were adopted. The first presented Hon. E. D. Wheeler, as a candidate for the office of Attorney-General; the second indorsed the oiiScial course of Hon. William Higby as representative of the district in the United States Congress. Judge Crane (the Chairman) took the floor and offered a series of four resolutions, the first indorsing the reconstruction policy of Congreis; the second favoring the amendment of the Constitution, as proposed by the Thirtieth Congress, and the disfranchisement of the leaders of the Rebellion; the third favored the amendment of our State Constitution, removing the discrimination then made against the better educated of the colored people of the State; the fourth resolved that " while this Convention refrains from instructing the delegates to the State and Congressional Conventions in favor of any particular persons, yet we do instruct them to vote for no candidate known to be a crafty and unprincipled politician, seeking his own good and the consummation of corrupt schemes for the enriching and aggrandizement of a class at the expense of the people; for no one* heretofore known as a corrupt lobbyist, seeking to impose upon the people an immense public debt for .the sole benefit of already overgrown corpora- tions or secret cliques and 'rings' of public thieves; for, no one, in short, whose record in public and private life is not pure and clear from all such corrupt contaminations." The mover sustained his resolutions in a lengthy speech, after which Mr. Dwinelle moved that they be voted on separately. The first and second resolutions were unan- imously carried; the third gave rise to a discussion in which most of the members of the Convention took part. Mr. Dwinelle opposed the resolution at length, taking strong grounds against negro suffrage, contending that the negroes were inferior to the Chinese, and finally moved that the resolution be laid upon the table. Mr. Crane and Mr. Shinn replied, condemning Mr. Dwinelle's utterances, and said the speech of the gentleman from Oakland would have been a very proper one for a Democratic Con- vention. S. G. Nye defended the resolution as far as it went, but thought suffrage should not be based on complexion, but on manhood. On a division, it was found that twenty-five voted for Mr. Dwinelle's proposition, and twenty against, while four declined to vote, all the Oakland delegates but two voting in the majority. The fourth re.solution, which was evidently aimed at the candidacy of George C. Gorham for Governor, was withdrawn, and peace and harmony restored by Judge Hamilton moving that the word white be stricken out of the State Constitution, wherever it occurred. On the iSth of June the Democratic County Convention was held at the same place, when J. West Martin, C. H. Gushing, J. W. Dougherty, William Moss, and John Threlfall were appointed delegates to the State Convention. When the Convention met at Sacramento the name placed at the head of the ticket was that of George C. Gorham for Governor, who, it was afterwards charged, had secured his nomination by smart tactics and " trading;" the real choice of the Convention was General John Bidwell, of Chico. Be this charge as it may, the 236 History of Alameda County, California. Union men that were expected to have led him triumphantly to victory, became dis- affected, and at the election held in the month of October, the ticket vi^as ingloriously defeated. The Democrats seeing this weakening of the opposing host, published a platform denouncing the Mongolian influx, declared labor to be the true foundation of all prosperity, and placed at the head of their ticket the name of Henry H. Haight of Alameda as Democratic candidate for Governor, who, amid much enthusiasm, obtained a signal majority over Gorham of eight thousand five hundred and twenty- seven votes. On July 6, 1867, the Contra Costa indebtedness was reported fully settled, and the Treasurer ordered to discontinue the fund set apart for that purpose, and to transfer all sums on hand or due to that fund to the General County Fund. On July 22d, the Union County Convention met at San Leandro for the purpose of nominating County and Judicial officers; the Democrats meeting for that purpose on the loth of August. In the ticket presented by the last-mentioned party there was for the office of District Attorney, George M. Blake, a convert from the Union ranks, while, in the person of Captain Mayhew, who had been a prominent member of the other party, the Democracy also found a new follower, yet notwithstanding these recruits the Union ticket was that which won. The Board of Supervisors elected on October 4th was composed of, F. K. Shattuck, Oakland Township; Duncan Cameron, Brooklyn Township; E. M. Smith, Alameda Township; J. B. Marlin, Eden Township; John M. Horner, Washington Township; Dan. Inman, Murray Township; who appointed Mr. Shattuck, Chairman, and Messrs. Shattuck, Cameron, Smith, and Marlin, the Hospital Committee. December 12, 1867, it was ordered that no more armory claims would be allowed unless accompanied with evidence of approval by the State Board of Military Auditors. 1868. — Early in this year the late distinguished citizen of Alameda County, J. Ross Browne, was appointed Minister Plenipotentiary to the Court of Peking, but not being impressed either with the " Flowery Kingdom " or the officials thereof, he returned to these more congenial shores and at once set about unmercifully satirizing the Burlingame Treaty, that marvelous covenant which, in the language of its author and originator, was to establish the "comity of natiqns, and place a shining cross upon every hill " in China. Once again in this year did the removal of the State Capital obtain prominence, and once more did Alameda County make an offer for the prize. At a meeting of the Board held February 3, 1868, on motion of Supervisor Horner, the following pre- amble and resolution were unanimously adopted: — " Whereas, The question of the removal of the State Capital is now pending in the Legislature; therefore, " Resolved, That a committee of three members of this Board be appointed to prepare a Bill to be submitted to said Legislature, authorizing the Board of Supervisors of Alameda County to issue bonds to the amount of one hundred and fifty thousand dollars, to be appropriated to the erection of suitable buildings for use of the State, in the event of the Legislature locating the State Capital in this Coujity. " Messrs Shattuck, Cameron, and Smith were appointed such committee. On the 2 1st February, the State Legislature visited Oakland, but it is needless to say the Capital was not given to the county. On the 29th of this month County Surveyor Board man was requested to keep an office at the county seat and remove thither all public records of his department. Political History of the County. 237 In this year a bill was introduced in the State Senate, the Committee on Com- merce and Navigation recommending its passage, granting a tract of submerged lands with a frontage of nearly a mile on ship channel lying between Alameda and San Leandro to the Western Pacific Railroad Company for a terminus, the company to give bonds that the terminus would be there located and that a large amount of money would be expended in improvements. A bill was introduced by Mr. Church, in this year, recommending a considerable diminution in the emoluments of county officers, which gave rise to much discussion and was the cause of a good deal of pleas- antry, as may be gleaned from the following suggestive advertisement which appeared in the columns of the Gazette: — " County Clerk's Office. — Notice! Except duringthe sessions of the courts, or meetings of the Board of Supervisors, the Clerk will be found somewhere about the neighborhood, sawing wood. Any business connected with the office will be attended to after work hours. N. B. — Orders for wood-sawing left on the order-slate will be promptly attended to at two dollars per day, and board." On March 1 8, 1 868, there passed the Legislature, an Act to provide for the erection of a jail and County Recorder's office in San Leandro; and another, concerning roads and highways in Alameda County. About the same time another bill was introduced by Mr. Church, having for its object the purchase of land for charitable purposes and the establishment of an institution thereon for the care of " unfortunates." This has since developed into the County Infirmary. The "Legislature in this year, too, failed to pass an Act in favor of granting a subsidy to the Alameda Railroad Company to aid it in extending their line to Washington Corners, which caused its abandonment. In regard to political meetings, the Union County Convention assembled at San Leandro on March i8, i868, and elected delegates to the State Convention at Sacra- mento, while that of the Democrats was there convened on the 2Sth of April, when they passed resolutions highly complimentary to Governor Haight, and strongly urged his being put forward as the next Democratic candidate for the highest office in the gift of the people of the United States — the Presidential Chair. On May ii, i868, the County Treasurer was directed to divide the late Alameda County Road and Bridge Fund equally among the several townships; but on the ist of June this order was amended, and that officer instructed to set apart ten per cent, of the road and bridge, tax and establish the " Special Road and Bridge Fund," from which appropriations were immediately made, as follows: one thousand dollars to each of the roads — from Alvarado to Centreville; Stockton Road, in Murray Township; Salt Marsh, in Eden Township; and five hundred dollars for a new bridge across Alameda Creek, south of Alvarado. On June 1st, a petition addressed to the Board of Supervisors by the County Superintendent of Schools for an increase of salary was received and the prayer granted, his stipend being then fixed at one hundred dollars a month, with the understanding that he devote his entire time to the duties of his office. On Saturday, July i8, i868, a grand Democratic ratification meeting at San Leandro, in honor of the nomination of Seymour and Blair as candidates for the Pres- idency and Vice-Presidency of the United States, was held, among the speakers being Governor Haight and Lieutenant-Governor Holden. The chair was occupied by William S. Moss, while the Secretary was W. J. Collier, editor of the Democrat. i!38 History of Alameda County, California. There was a great deal of excitement among politicians during the Presidential election of this year, mass meetings of both Republicans and Democrats being held throughout the county, while the most able speakers were arrayed on both sides. The Republican candidates were General U. S. Grant and Schuyler Colfax, and those of the Democracy already mentioned, the former of whom, at the election held Octo- ber 3d, received a majority in Alameda County of five hundred and thirty-six votes, the winning candidates receiving one thousand eight hundred and sixty-one votes, and Seymour and Blair, Democratic nominees, twelve hundred and sixty-two. In this year there were enrolled on the Great Register, after the cancelled names were struck off, four thousand six hundred and twenty-three names, while there were recorded on the poll list only three thousand five hundred and ninety-six names, showing that there were two thousand and twenty-seven persons who did not feel sufficient interest to have their names registered; therefore, taking the number of votes cast, viz.: three thousand one hundred and' twenty-three, from the number on the Great R.egister, and we have fifteen hundred persons in the county who were enti- tled to vote but did not make use of the privilege. On October 26, 1868, the county jail of San Francisco was designated as that for Alameda County also ; while, at their meeting of November 1 6th, the Board of Super- visors agreed upon plans for a new Court House, jail and Recorder's office, the latter to be a fire-proof brick building, and the prison to be provided with iron cells. The Board also appointed, at this time, a special committee to purchase a piece of ground on which to establish the County Infirmary, who were instructed to obtain 'fifty acres of land belonging to Mr. Puff, and located betwcii San Leandro and Haywards, above the county road. The Supervisors elected for this term were: F. K. Shattuck, Oak- land Township; Duncan Cameron, Brooklyn Township; E. M. Smith, Alameda Township; J. B. Marlin, Eden Township; Dan. Inman, Murray Township; William Whidden, Washington Township. On December nth the county, conjointly with the city of Oakland, established a pest-house on the San Pablo Road; while, on the same date, rates of dockage, etc., were established for the Ocean View Wharf, under the Act of March 3, 1868. 1 869. — This year opened with the ranks of our citizens being decimated by small-pox, which was then prevalent in the county, and accounts for the establish- ment of the pest-house mentioned above, in which, in the first week in January, there were four patients, attended by a cook, nurse, and visiting physician; beyond this there was little of any moment. At a previous meeting a petition was presented to the Board for widening Tele- graph Road from the charter line of -the city of Oakland to the town of Berkeley, and February i, 1869, set as the day for hearing claims for damages resulting from same. Claims aggregating nearly forty thousand dollars were made, and proof brought before the Supervisors, who, on May 25th, awarded as such a little over eight thousand dollars. On August 8th a second petition was received for the same pur- pose, with claims totaling seven thousand five hundred and fifty dollars, of which six hundred dollars were allowed. The road was finally ordered opened. May 5, 1870. On February 13th, the report and field notes of survey of the boundary line between Political History of the County. 239 San Joaquin and Alameda Counties were submitted, approved and adopted; and, on May 3d, a special road and bridge fund was again created. Early in the year the new Court House was completed, but its appearance, style, 'and discomfort, excited general complaint; for its embellishment, however, a new national flag was ordered on June 6, 1869. On July 7th we find the first petition for the creation of a Swamp and Tide Land District, under the Act approved March 23, 1868; on the 17th the Union County Convention was held in San Leandro, while the Democrats made no nominations; but an Independent party was formed and a ticket put in the field, headed by Edward Tompkins for State Senator. On the ist of September the election was held, portions of both tickets being successful. For the office of County Recorder there was a tie vote between P. S. Marston and M. W. Levy, which, at a special election held on October 2Sth, was set at rest by the first- named gentleman being chosen. The Board of Supervisors elected were: A. C. Henry (Chairman), Oakland Township; Duncan Cameron, Brooklyn Township; Louis Fassking, Alameda Township; William Haywaid, Eden Township; M. W. Dixon, Washington Township; Thomas Scott, Murray Township; who commenced their duties on October 4th. On the 2d November it was ordered that the county printing should be thereafter done by contract, such being awarded, on December 1 2th, to the Oakland News, Transcript, and Alameda County Gazette for, one twelve- month, at one hundred dollars each yearly On the 12th December E. L. Beard, for Swamp Land District No. 82, reported work commenced, in accordance with the Act, and made a demand for funds, when a warrant on the Swamp Land Fund for eleven hundred dollars was ordered to be issued • 1870. — Early in this year a bill was introduced in the Legislature providing for the building of a bridge over the estuary of the San Antonio, between Oakland and Alameda, but the people of Brooklyn, thinking that such would materially interfere with their commercial prosperity, strongly protested against its construction, to no avail, however, for the bridge was built and is now known as the Webster-street Bridge. Another scheme of the same nature was the introduction in the Legislature for an Act authorizing the construction of a bridge between Oakland and Brooklyn, for which plans and specifications were authorized to be called on March 14th. These, as prepared by W. F- Boardman, were adopted on the 2d of May, the county agreeing to pay fifteen thousand dollars in bonds, and the balance to be supplied from the Road Funds of Oakland and Brooklyn Townships. This action, however, was recon- sidered on the 7th June, when all bids received in the matter of building were ordered to be rejected, and the Auditor directed to issue fifteen thousand dollars in bonds to the Road and Bridge Committee, who were empowered to commence the construction without delay, but under no circumstance was the expense to exceed the sum men- tioned above. On July ist the contract to supply piles and lumber therefor was let to Samuel Merritt, and on the 20th August the work was commenced under the superintendence of Roadmasters Thorne, of Brooklyn, and Hersey, of Oakland, who did the preliminary grading, cut down the hill n the Clinton side, and filled in the roadway with earth. It was not until the clo.se of the year, however, that the work was completed. 240 History of Alameda County, California. It is always a pleasant task to chronicle tributes of praise to deserving public officials, as that which we here append. At the meeting of the Board, held February 7, 1870, the following preamble and resolutions were introduced by Supervisor Henry: — "Whereas, I. A. Amerman, Esq., will retire from the office of County Clerk before this Board will meet again; therefore be it " Resolved, By the Board of Supervisors of Alameda County, that we recognize in I. A. Amerman an hon- orable citizen, and one who has for the last four years discharged the duties of the office of County Clerk with fidelity and honor to the people and himself. " Resolved, That a copy of the foregoing preamble and resolutions be spread upon the minutes of this Board." Besides this eulogium, that gentleman was presented with a handsome gold watch, chain and key, by the clerks in the Court House, Deputy Recorder, A. A. Moore, making the presentation speech. A few days later Mr. Amerman received from the members of the bar a set of silver table ware, the offering being made by Lewis Shearer, Esq. March 7, 1870, the official bond of the County Treasurer was increased to sixty thousand dollars; and, on March 14th, the Board of Supervisors entered an earnest protest against the attempt being made by the city of Oakland to remove the county seat, setting forth that it is wrong and detrimental to the best interests of the tax- payers of the county. Thus we see the commencement of that bitter feud that so long existed between Oakland and the country residents. On the same date the Board also condemned the " draw-bridge project," to be built by parties resident at Alameda Point and Oakland, and declared it against the interests of the citizens of the county. Copies of these resolutions were sent to the Legislature. The proposition authorizing the Board of Supervisors of Alameda County to issue bonds for the construction of a new bridge between Brooklyn and Oakland, to the value of twenty thousand dollars, was approved March 12, 1870, and became law; while, on the 4th April, petitions were received from F. K. Shattuck for a franchise to build a wharf from the south half of Plat No. 59, Oakland; another from Ezekiel Brown for similar privileges at Berkeley Point, whence a ferry was to be run to San Francisco; and a third from William A. Bray, to construct railroads in Oakland and Brooklyn Townships. On the same date Adeline or Regent Street was declared a public thoroughfare from Twenty-second Street to San Pablo. Road, Oakland. ~ On April 5, 1870, the Board of Supervisors declared themselves dissatisfied with the boundary lines of the county and called for a resurvey of the sarne " from junction of San Joaquin and Tuolumne Counties northwardly on the west line of San Joaquin County to the slough known as the Pescadero, and also to establish that portion of the boundary from the Pescadero Slough, westwardly, in a straight line, until it strikes the dividing ridge in the direction of the house of Joel Harlan in Amador Valley." This order was modified on June 7th, however, and Horace A. Higley was appointed Deputy Surveyor, by the Surveyor-General of California, to survey the boundary lines of the county of Alameda. He was directed first to establish the line between Alameda and San Joaquin, to be subsequently approved by the Surveyor-General, and afterwards erect monuments, execute maps for filing, etc., for which he was to receive one thousand dollars in county scrip. These duties being completed he received his warrant September 9, 1870, and on the nth November the Board of Supervisors of San Joaquin County were notified that the boundary line established by Mr. Higley was that recognized as the true one by Alameda County. Political History of the County. 241 On May 2, 1870, Hiram Tubbs, J. West Martin, W. A. Bray, F. K. Shattuck, W. Van Voorhies, T. Le Roy, A. J. Snyder, George M. Blake, Harry Linden, and Allen J. Gladding, on petition, were allowed to lay down and operate for twenty-five years, a railroad from Fruit Vale to and upon Twelfth-street Bridge, Oakland; and one on Adeline Street to University Avenue. On the same date, B. F. Mann, Fred- erick Kapp, E. A. Haines, C. C. Webb, and S. Burpy et al., were granted similar privileges from the boundary line between Alameda and Contra Costa Counties on San Pablo Road to Broadway, and thence to the water front of the City of Oakland; while, on July 1st, the same company were granted the right to operate a horse rail- road, as follows: Commencing at Washington Corners; thence along the main county highway, through Centreville, Alvarado, and San Lorenzo to San Leandro; thence along the public highway to Fruit Vale Avenue in Brooklyn Township; and thence to connect with the contemplated railroad to San Pablo in Contra Costa County. Under the provisions of ±he "Gopher and Squirrel Act," passed March 2, 1870, a special tax of one and a half cents on each one hundred dollars' worth of property, to be called the Bounty Fund, was ordered to be levied; while, another special levy of one cent, with the same conditions, was ordered in accordance with the Act approved March 8, 1870, to be known as "Interest Bridge Fund." On June 7th the County Recorder was authorized to re-record in the proper book the following maps: Kellers- berger's Map of the City of Oakland; Map of town of San Leandro, by H. A. Higley; and a map of Oakland showing the position of the property of Joseph Irving, deceased. At the same time the map of the ranchos of Vicente and Domingo Peralta were ordered to be framed. On June 11, 1870, the articles of incorporation of the Decoto Land Company of Alameda County were filed in the office of the County Clerk of San Francisco; while, among other corporations connected with Alameda whose documents were iiled in this year, were the Bay Spring Water Company, in the office of the Secretary of State, April 4th; the Berkeley and Oakland Water Works Company, in the office of the County Clerk of Alameda County, April 12th; and the articles of association) amalgamation and consolidation of the Central Pacific of California with the Western Pacific Railroad, under the name of the Central Pacific Railroad, in the office of the Secretary of State, June 23d. On July I, 1870, the petition of E. S. Moulton et al., to build a wharf in Alameda, was received and the prayer granted; while, from the report of the Grand Jury for fhe September term of this year, we find that the balance in the treasury vault on the 23d of that month was twelve thousand nine hundred and fourteen dollars; and the assessed value of the real and personal property in the county was eleven millions seven hundred and eighty-six thousand three hundred and eighty-one. dollars; the amount of tax levied for the year 1870 being two hundred and fifty-five thousand seven hundred and sixty-four dollars and forty-eight cents. On October 3, 1870, the new Board of Supervisors took their seats and com- prised: F. K. Shattuck (Chairman), Oakland Township; R. S. Farrelly, Brooklyn Township; Louis Fassking, Alameda Township; W. J. Stratton, Eden Township; M. W. Dixon, Washington Township; Thomas Scott, Murray Township. Among their first duties was the appointment of a eommittee to obtain plans and specifica- 242 History of Alameda County, California. tions for a draw-bridge across the Alameda Creek, near Alvarado, and to order the Road Commissioners of Eden and Washington Townships to advertise for bids to build the same. On the 7th November, Mr. Burrell, to whom was granted the con- tract at eleven hundred and ninety dollars, invited examination of the work, and for this purpose the Board appointed a committee, who, on January 9, 1871, reported that the building of the bridge was not in accordance with the plans and specifications, and recommended its rejection. Upon this the contractor was granted thirty days' extension of time wherein to complete the work, and on the 2d February was allowed one thousand dollars on account, while John Caddy was appointed to inspect and report upon the work March 3d. Mr. Burrell demanded a settlement in full, but this the Board refused on the plea that the bridge had not been made in accordance with the plans adopted by them, but on the nth the Supervisors agree to examine the structure, evidently it was found to be unsatisfactory, however, for we find, under date March 20, that the Road Commissioners of Washington Township were required to put the bridge in proper order to subserve the purposes for which it was intended, that official, on April 14th, reporting its completion by B. F. Ingalls at a cost of four hundred and ninety-nine dollars and ninety-nine cents. The certificate of incorporation of the San Jose Mission Land Company was filed, October 13th; and, on the 17th, the fifteen thousand dollars' worth of bonds issued on account of the Twelfth-street Bridge was reported as exhausted and the work unfin- ished; whereupon the Board ordered the issuance of three thousand dollars additional bonds to complete the work. A committee appointed for this purpose, December 5th, report all bills paid, and after selling the last-mentioned bonds at par, held a cash balance of four hundred and ninety dollars and forty-nine cents. The population of Alameda County, according to the census of 1870 is given at twenty-five thousand, seven hundred and thirty-seven. 1 87 1. — It is said the year 1871 was remarkable in Alameda County for its hom- icides, criminal calendar, educational enterprises, and short crops. On January 2d, Judge Nye, in his charge to the Grand Jury, dealt roughly with the California Legislature for passing an Act in opposition to the spirit of the Con- stitution of the State, permitting the Mercantile Library Lottery in San Francisco. He declared, that, without exaggeration, no single Legislative Act in the history of the State had been so baneful to society, and urged upon them to indict any parties get- ging up lotteries or raffles in the county, several of which were known to be in prog- ress. This Grand Jury reported that they had found twelve true bills out of the seventeen cases examined ; while, an order was issued which transferred the famous case of Laura D. Fair, tried for the murder of A. P. Crittenden, in the month of Octo- ber of the previous year, to the Third District Court. It will be remembered that Mrs. Fair shot Crittenden on the Oakland Ferry Boat after she had left the wharf, which as we all know, juts for a great distance into the bay; consequently a doubt arose in which county the crime was committed, and upon the survey of Surveyor- General Bost it was found that the offense took place outside of the boundaries of Alameda County, therefore it became necessary to transfer the case to San Francisco. William C. Blackwood and William Meek, two of the chief taxpayers in the Political History of the County. 243 county, on January 30, 187 1, entered suit in the Tiiird District Court against County Treasurer McClure, to recover the amount of State and county taxes paid under pro- test by them, claiming, among other things, that the assessment roll was made by Edwin Hunt, who was not County Assessor, and who was not authorized by law to make such assessment. On the 6th February the District Attorney requested the Board of Supervisors to supply him with assistance in defending the suits, when Hon. John W. Dwinelle was employed. These were cases of great interest and moment to the county, and as a decision of the suits was not likely to be reached for some months, and as the legality of the assessment for the current fiscal year was involved, Mr. Dwinelle consulted Attorney-General Hamilton, who brought an action oiquo war- ranto against Edwin Hunt, the acting County Assessor, charging him with usurpation of office, setting out all the facts, including Mr. Hunt's election. A demurrer was entered by Mr. Dwinelle, the case argued in the Fourth District Court, before Judge Morrison, and a decision in Mr. Hunt's favor recorded. The case was appealed. On February 13th, it was resolved by the Board of Supervisors, "That it is expedient that proceedings be instituted to procure a speedy decision by the Supreme Court as to the rightful authority by which the assessment of State and county taxes can be made in the county of Alameda." It came on before that tribunal, who affirmed Judge Morrison's decision, and it was decided that the office of County Assessor of Alameda County is a county office; that Edwin Hunt was lawfully elected and was last year, and was then, lawfully in office. On March 6, 1871, the boundary line between Eden and Washington Townships was rectified as follows: "Commencing at the junction of North and Alameda Creeks; thence running up said North Creek to the mouth of Mathewson Ditch, so called; thence up said ditch to its intersection with the Mountain Road; thence following the line of said ditch produced to its intersection with the old township line at a point on the lands of Andrew Patterson; thence following the old township line between Eden and Washington Townships easterly to the corner of Washington, Murray, and Eden Townships." t Under the Act approved April 4, 1870, the Board of Supervisors authorized the building of the drawbridge at the foot of Webster Street, Oakland, the cost not to exceed forty-five thousand dollars, to be borne equally by the city of Oakland and town- ship of Alameda, for which purpose, at this meeting, under the report of the Commis- sioners, a tax of three dollars and eighty cents on one hundred dollars of assessed property in Alameda Township was also levied. To this levy there was, however, some objection, and to test its validity suit was brought against the Board of Super- visors by Thomas A. Smith, in whose favor Justice McKee decided, on the ground that the levy was in excess of the amount authorized by the Act, and therefore void. The Board therefore ordered another levy of three dollars and sixty cents on each one hundred dollars' worth of taxable property. On March 20th, the Oakland Gas Light Company asked for further privilege to lay pipes across the Twelfth-street Bridge, while, on the loth April, E. L. Beard was paid seven thousand three hundred and twenty-one dollars on account of work done in Swamp Land District No. 82, from May, 1870 -to May, 1871. On May 9th, the deed of J. S. Emery's rock quarry was made by that gentleman to Road Commissioner Hersey, of Oakland Township, and his succcs- 244 History of Alameda County, California. sors in office, which was duly accepted and ordered recorded, the rock from the quarry being directed to be used in the macadamizing of roads in Oakland Township. On June 1 2th, bonds were ordered to be issued to the amount of two thousand dollars for the purpose of completing the Twelfth-street Bridge, in accordance with the Act approved March 12, 1870, said bonds to be issued "out of the Oakland and San .Leandro Bridge Fund." This order was amended, however, August 25th, by omitting these words. On the 2d October, the repairs were reported as nearly completed; but these matters would appear to have rested for a time, for we find on the 6th November the attention of the Supervisors being called to its unfinished condition. On August 25th, two thousand dollars from the Special Road and Bridge Fund was directed to be set apart for constructing a bridge over the Arroyo de Laguna, in Murray Township, for which the plans and specifications were adopted on September 1 8th, and the con- tract awarded to E. Dole, who reported its completion at a cost of two thousand eight hundred dollars, on the 13th November. Eight hundred dollars of this sum was contributed by private individuals, the balance being paid by warrants on the county treasury. On the i8th September, another sum of one thousand seven hundred and five dollars was paid from the Swamp Land Fund to E. L. Beard for work per- formed between the 15th July and 15th September. At the election of September 6, 1871, for Congressional, State, County, and Township officers, Newton Booth received a majority in Alameda of nine hundred and eighteen votes, a result which gave great pleasure to his adherents, more espe- cially as it was thought that his opponent. Governor Haight, was almost certain of re-election. On the 2d October the new Board of Supervisors, composed of the following gentlemen, took their seats: F. K. Shattuck (Chairman), Oakland Town- ship; W. B. Clement, Alameda Township; Isham Case, Brooklyn Township; J. B. Marlin, Eden Township; H. Overacker, Washington Township, Joshua A. Neal, Murray Township; and at once entered upon their duties. 1872. — The chief object of interest in this year was the question of the removal of the county seat. The first gun was fired on February 6th, when Supervisor Marlin introduced a resolution on the subject which was " simply received and filed." The Legislature was in session at this time, and there the city of Oakland, which was represented in the Senate by Hon. Ed. Tompkins, and in the Assembly by Doc- tor Pardee, felt that a better fight could be made than in the year 1870, when the matter was last contested. But the honor was not by any means to go undisputed, for the citizens, outside of Oakland, were all on the side of the residents of Eden Township, who wished the prize for San Leandro. This contest has been so fully described by different writers that we reproduce one of these: "Assemblyman Crane took up the cause for his country constituents; the Board of Supervisors, excepting the Oakland delegate, were a unit in favor of San Leandro; an able delegation, con- sisting of Hon. I. A. Amerman and John Nugent, watched over their interests at Sacramento, where they had the support of some of the ablest men on both sides of either house. On one side the cry raised was convenience, and, on the other, cost. The Oakland people maintained that they supplied the greater part of the business transacted at the county seat, which was nine miles distant from them. There were Political History of the County. '245 the principal lawyers and professional men, the banks and real estate agents of the county. The Edenites maintained that San Leandro was more central; that it was accessible and convenient for all parts of the county, and was served by two rail- roads; that the county was in possession of a valuable piece of property, which was donated to it by the Estudillo family, which would revert to the original owners in case of disuse of the purpose for which it was granted; that county offices, a Court House, and jail, sufficient for the wants of the county, were already erected; and that removal would entail great expense on the people for new county buildings and grounds upon which to erect them. The Oaklanders met some of these objections by showing that the upper portion of the City Hall could be used for years yet to come for county offices; that a fire- proof Hall of Records could be built on the city property adjoining the City Hall; or, in case of failure in this, the two city plazas, consisting of two town blocks in the lower part of the city, on Broadway, could be secured for the purpose of county buildings. Oakland had a committee, or an association, established, called the Citizens' Union, which directed the agitation in favor of removal, and of which Harry Linden was agent. A petition was prepared and names sought for it all over the county, and active steps taken for legislative action. This aroused the Eden people, who also held meetings and organized. Their first public meeting was held in the Court House, San Leandro, on January lo, 1872. It was addressed by L A. Amerman and John Nugent, of Eden; R. S. Farrelly and' A. H. Griffith, of Brooklyn; and J. R. Palmer, of Murray. A committee was appointed to report a plan of action and resolutions, consisting of County Judge Nye and four of the gentlemen already mentioned. The following resolutions were adopted: — Whereas, Certain people in the city of Oakland are endeavoring to remove the county seat of Alameda County from its-present central location to the city of Oakland; and Whereas, Said removal is contrary to the wishes of a large majority of the tax-payers of Alameda County; therefore, be it Resolved, That our Senator and meml lers of Assembly be, and they are hereby earnestly requested to delay any action upon the petition for the removal of the county seat until they receive a remonstrance of the tax-pay- ers who are opposed to such removal. Resolved, That a. copy of the above proceedings be forwarded to the Senator and members of Assembly of Alameda County, duly certified by the Chairman and Secretary. A committee, having a representative in every school district in the county, was appointed to procure names to a remonstrance, which, in due time, was forwarded to Sacramento, largely signed. Mr. Amerman, having been commissioned to go to Sacramento to watch legisla- tion and defeat action there, immediately after his arrival addressed a communication to Senator Tompkins, in which he put to that gentleman six leading questions touch- ing removal. Mr. A.'s communication was dated the 17th of January, and the Sen- ator's answer came promptly on the i8th, and in which he took strong ground favor- able to the Oakland agitation. Then followed a public meeting in Brayton Hall, Oakland, on the 24th of Janu- ary, at which the following preamble and resolutions were adopted: — 246 History of Alameda Cou^jty, California. Whereas, It has become necessary for the accommodation of a large majority of the citizens of Alameda County, that the county seat of said county should be removed to the city of Oakland, and a petition of the voters of said county has been presented to the Legislature of the State asking the passage of a law authorizing such removal; and Whereas, Objections to said removal are being made by some, on the ground that a .heavy debt would be incurred by such removal, in the purchase of land and the erection of the necessary buildings for county purposes; it is therefore Resolved, By the citizens of Oakland, that the second story of the City Hall shall be finished at the expense of the city, and partitioned into suitable rooms for the District Court, the County and Probate Courts, the Sheriff, the District Attorney, the grand jury, the petit jury, the County Surveyor, and the Judge's chambers, and that rooms shall be provided on the first floor of said hall for the Board of Supervisors and the Superintendent of Public Schools, and in the basement of said hall, if required, room sufficient for a jail. And that the city will also dedicate to the county a lot of land, parcel of the City Hall lot, situated in the southwest corner of the same, fifty feet wide, on Fourteenth Street, by one hundred feet in depth, for the purpose of erecting a Hall of Records for the use of the County Recorder, County Clerk and County Treasurer. And that the use and control of said rooms and said land shall be vested in the Board of Supervisors of Alameda County, for so long a time as said Board may use and occupy them for the purposes aforesaid. Resolved, That the Secretary of this meeting transmit to our Senator and Representatives, and to the City Council, a copy of these resolutions. Messrs. F. K. Shattuck, E. C. Sessions, John Benton, and Dr. Samuel Merritt were appointed to see that the matter was brought before the Legislature. At a meeting of the City Council, held on the 29th of January, a bill was pre- sented and adopted, which was sent to the Hon. Mr. Tompkins for introduction in the Senate. The bill provided for an election to determine the future location of the county seat— San Leandro or Oakland. In case of the success of the latter, the City Hall of Oakland was to be fitted up for the use of the county officers; the basemsnt of the same given up for a jail; and furthermore, a pi :ce of ground, fifty feet front by one hundred and fifty feet in depth, granted on Fourteenth Street, for the purpose of building a fire-proof Hall of Records thereon; and bonds issued for the purpose of erecting the necessary build- ings thereupon. The bill provided that the removal should be at the expense of the county; but the rooms in the City Hall were to be fitted up at the expense of the city of Oakland. Tuesday, the 17th of February, was the day fixed for the discussion of the bill in the Senate. The bill was read by the Clerk, Mr. Ferrall, in a distinct voice, after which Senator Tompkins rose and off"ered a series of amendments, meeting some of the objections that had been raised to the bill; among which was one providing for the use of the plazas on Broadway for county purposes, and another making the city of Oakland liable for the election expenses in ease of a defeat at the polls. His argument was strong, plausible, and persuasive. In his masterly manner he portrayed the justice of his cause and delivered an exceeding able argu- ment. No one in that Senate chamber knew better how. It had all the facts and figures of the case to perfection, and placed them in a manner best calculated to enforce his opinions. Oakland was fortunate in possessing so able an advocate. He was one of the most brilliant men that ever shone in a California Legislature, and in point of ability and effectiveness was superior to every man there. Not a point was lost, not an advantage left untouched. All he wanted was a vote on the ques- tion. Nothing was fairer than that the will of the majority should be respected and their demands granted. Political History of the County. 247 Senator Pendergast, of Napa, was expected to reply. The San Leandro lobby depended upon him. He was considered, next to Alameda's Senator, the most eloquent man in the Senate. But no reply came from him. Senator Larkin, of El Dorado, objected to the bill because it was a species of special legislation, while there was a general law to cover the case. In Senator Farley, of Amador, however, the Edenites found their strongest champion. He espoused their cause warmly, and he was a power. He was Chairman pro tern, of the Senate, and the leader of the Demo- crats in that House. He referred to the remonstrance that had been presented against the bill, which, he said, contained five hundred more names than the petition in favor of it. The Board of Supervisors of the county, he said, were all opposed to it, with one exception, and had officially so declared; he showed that the townships repre- sented by the Supervisors contained thirteen thousand one hundred and thirty-three inhabitants, while the population of the city of Oakland was but eleven thousand one hundred and four. He maintained that there were facts to show that the county seat was best situated where it then was, to serve a majority of the people of the county. He had seen so many discreditable proceedings in connection with county seat removals that he was cautious in such matters. Senators Maclay, of Santa Clara, and Minis, of Yolo, followed on the same side, and Mr. Tompkins had to reply to them all; and this he did ably and clearly, meeting their objections in the most forcible manner. But there was an asperity in his manner and a bitterness in his tone that was unpleasant. The bill was ordered engrossed by a majority of one, there being nineteen for, to eighteen against it. On the 28th of February the vote on the passage of the bill was taken, when there appeared a majority of one against it. Senator Goodale, of Contra Costa, having reversed his former vote. The vote to reconsider, next day, stood nineteen for, to seventeen against. There was rejoicing throughout the county precincts, and the San Leandroans received their lobby back from Sacramento with bon-fires, music, and the ringing of bells, followed by a public ball. But the contest was not yet over. On the 20tjh of March Assemblyman Pardee gave notice that he would introduce a new bill in his House in reference to the subject, but it was not necessary that he should, for the revised Codes provided the means for ending all such disputes, and of these the people of Oakland subsequently availed themselves. At a meeting of the Board of Supervisors, on September 24th, a petition was presented to that body praying the Board to order an election for the purpose of allowing the citizens of the county to vote on the question of change of location of the county seat. W. W. Foote and William Van Voorhies appeared on behalf of the petitioners and R. B. Moyes and A. H. Grififith opposing the same. The petition was accompanied by the affidavit of Harry Linden as to the signatures upon the petition being those of qualified electors of the county, and also by the certificate of the County Clerk as to the number of votes cast at the last Gubernatorial elec- tion. Messrs. Moyes and Griffith opposed the petition upon the ground that the county seat had already been once removed, thereby making it necessary that two- thirds of the voters upon the Great Register should sign a petition for removal of the 248 History of Alameda County, California. county seat, and Joseph DuMont was sworn and testified that the county seat was- formerly located in Alvarado, and was removed from there some time in 1854- J- B. Goodrich and C. B. Reed were each sworn and testified as to the number of uncan- celled names upon the Great Register, both setting the number down at five thou- sand. The Board appeard to be dissatisfied as to all the names upon the petition bemg those of qualified electors, on motion, the petitioners were allowed to withdraw the petition, for the purpose of presenting the same at the next meeting, with the neces- sary proofs as to all the signatures being thoseof qualified electors. Ata subsequent meet- ing of the Board of Supervisors, held on the 22d of October, Col. Harry Linden again presented the county seat removal petition, signed by over one-third of the voters at the last general election, one thousand seven hundred and seven names. W. W. Foote introduced Colonel Linden, who was sworn and testified that he obtained over fourteen hundred of the signatures on the petition. Richard Moyes asked Colonel Linden to point out the names he had obtained, which was done. John Coffee was sworn and testified that he had compared seventeen hundred and seven names on the petition with the Great Register, with the assistance of Mr. Collins and Mr. Knox.* He could point out all the names as he had marked them. Mr. Collins was sworn and testified that he had assisted in comparing about one hundred names on the peti- tion, and found them on the Great Register. J. V. B. Goodrich, County Clerk, was sworn and testified that the Great Register presented contained all the names of the voters of the county. He knew that at the last general election four thousand and sixty votes were cast. On examination of Mr. Moyes, he said there were five thou- sand seven hundred and fifty-four names on the Great Register. Mr. Foote said the petition was presented under section three thousand nine hundred and seventy-six of the Political Code, under which the petitioners demanded that the Supervisors should act. Mr. Knox was here sworn and testified that he had compared down to fifteen hundred and sixty-two of the names on the petition. The question whether the county seat had been once removed by a popular vote was brought up. Judge Williams was sworn on this point. In 1855 or 1856, the election was held for the re-location of the county seat from Alvarado to San Leandro. There was no Board of Supervisors at that time, and the Court of Sessions called the election. The election resulted in the removal. The county became a county in 1853. The county seat remained at Alvarado until 1855. A popular vote was taken in that year, and it was in favor of San Leandro. Subsequently it was removed back to Alvarado. In accordance with an Act of the Legislature, after that, the county seat was again removed to San Leandro. Supervisor Case moved that the petition be received and the election ordered. Mr. Moyes objected on the ground of unauthenticity of the names. Mr Griffith argued against the motion. A writ of mandamus compelled the removal of the records from San Leandro to Alvarado. A similar case came up in Sutter Countv at that time, and the Supreme Court decided that the Courts of Record must be keot where they were prescribed by law. The District and County Court must be held at the county seat. The Legislature deemed it their duty to fix the place where th courts should be held. An election, called' by this Board, would amount to nothinp- Political History of the Countv. 249 An Act of the Legislature must be had. He claimed that the p :tition did not come up to the requirements. The county seat had been once removed; to remove it again it must be done in the manner prescribed by the Act. One-third of the votes of the Great Register was required. There are five thousand seven hundred and fifty-four names on the Great Register, and the petition contains but fourteen hundred and fifty- three. At the meeting held on October 7th, W. W. Foote appeared before the Board and stated that the parties who had been at work comparing the names on the peti- tion for the county seat removal had as yet only compared about eight or nine hun- dred names. He stated that in two weeks from then the petition would be presented; and, if the Board refused to grant the petition, proceedings would be instituted to com- pel the Board to do so. Mr. Moyes arose to speak on the question. Mr. Shattuck said it was unnecessary to say any more on the subject. He was satisfied that a majority of the Board would vote against the petition. John R. Glascock read a decision of the Supreme Court, in the case of Upham vs. The Supervisors of Sutter County, in support of the argument .that the Supervisors have the power to order the election. Supervisor Case called upon the county's legal advisor for his opinion on the point as to whether the Board is requir ed to grant an election upon the petition of one-third of the voters of the last general election. Mr. Moore said he did not think the present case came under three thousand nine hundred and eighty-five, but does properly come under section three thousand nine hundred and seventy-six. Mr. Moyes requested that Judgs, Nye's opinion be asked. Mr. Moore said it was proper for him to state that Judge Nye differed from him. Judge Nye was sent for and returned word that he thought it bet ter for him not to give his opinion, as the matter might come before him judicially. A vote was taken, and the motion lost by the following vote : Neal, Overacker, Clement, Marlin, No; Chase, Shattuck, Yes. The petition was ordered on file. The next step was to apply to the Supreme Court for a mandamus, which was done on the 12th of November, by Mr. Foote. The Court granted an alternative writ, returning on the following 19th. It commanded the Board of Supervisors to order an election or show cause for declining to do so. A demurrer was filed, and on the 19th of November the case was argued before Judge McKee, in the Third District Court; General Irvine of San Francisco and A. H. Griffith of San Lorenzo represent- ing the Board, and William Van Voorhies of Oakland and W. W. Foote of San Fran- cisco appearing for Linden. The Court sustained the demurrer, on the ground that Harry Linden was not the proper party to bring the action — he, in fact, having no more interest in the question than any other of the petitioners. The Court held that the suit should have been brought in the name of the people. No further action was had in the matter during 1872; but, as will be seen here- after, a new complication of the matter was in process by the annexation of the town of Brooklyn to the city of Oakland. On February 12, 1872, the District Attorney was ordered to prepare and forward to the Legislature a bill authorizing the county to issue fifteen thousand dollars of ten-year bonds to be applied to the building of a bridge across Alameda Creek near Niles. On the 19th March, specifications and plans for the structure, to consist of 17 250 History of Alameda County, California. three spans of one hundred and thirty-three and one-third feet each, resting on stone or iron piers, all timber except the floor, to be preserved by the "Robins process, were called for, which. May 5th, brought out a series of bids ranging from ten thou- sand two hundred and fifty to fourteen thousand nine hundred dollars. On the nth of May the contract was awarded for a "Smith Truss" to the Pacific Bridge Com- pany, at twelve thousand four hundred and ninety-six dollars, and 'the work at once proceeded. To meet this amount county bonds for fourteen thousand dollars were ordered to be issued; and on September 30, 1872, the bridge was reported completed and satisfactory, and the contractors paid. Owing to the great destruction of roads and bridges, consequent upon the floods of the winter of 1871-72, the Road Commissioner of Washington Township issued certificates for labor and material expended in repairing, one thous,and and six dollars in excess of the amount apportioned to that township, but the Board of Supervisors doubting its authority to allow such an outlay, on March 5th resolved to prepare an empowering bill for presentation to the Legislature for the purpose of absolving him from any responsibility in the matter. In the month of February of this year the Central Pacific Railroad Company brought suit against the city and county of San Francisco, and the county of Alameda, and the city of Oakland, for the purpose of determining in which county their wharf was situated, and to what corporation they were justly compelled to paj- taxes. This action brought about a considerable amount of discussion and the services of such eminent engineers as Surveyor-General Bost; S. J. Clarke (a member of the first Cali- fornia Legislature); Captain E. F. Rogers, of the Coast Survey; G. F. AUardt, chief engineer of the Tide Land Survey; Luis Castro, County Surveyor of Alameda; and Colonel Coffee, were called into requisition, it being finally arranged that the end of the wharf was in San Francisco County, which was competent to collect taxes from the company. Under provisions of the Act approved February i , 1872, entitled "An Act sup- plemental to and amendatory of an Act entitled an Act to authorize the construction of a swing or draw-bridge across the San Antonio Creek in the county of Alameda, approved April fourth, eighteen hundred and seventy," authorizing the issue of bonds of the county to the amount of thirteen thousand three hundred and forty-four dollars and sixty-six cents, payable as follows: — On December 12, 1872, one bond for $1500.00 '^73 " 1600.00 1874 " 1800.00 '°7S 2000.00 '°7" " 2200.00 '°77 " 2400.00 '878 " 1944.66* Was directed by the Board, the payment to be made in gold coin of the United States at ten per cent, per annum. On the same date, March 11, 1872, in response to a petition of citizens an election was ordered to be held at " Kelsey's Bowling Saloon " on Telegraph Avenue, Oakland, to decide as to the annexing of the following de- *Opposite the last bond on the margin ot the record is written in pencil, "Last bond is $1844.66 (signed) E. C. Palmer." Political History of the County. 251 scribed territory to the city of Oakland: "Bounded on the north by the line of division between plots ten and eleven on Julius Kellersberger's Map of the Rancho of Vicente and Domingo Peralta, filed in the office of the County Recorder, January 21, 1857 said line being produced in a straight line with itself westerly till it intersects the westerly boundary of the county of Alameda in the bay of San Francisco, and pro- duced in like manner easterly beyond the easterly line of Webster Avenue until it intersects the small creek known as Cemetery Creek, which rises in the grounds of the Mountain View Cemetery Association and flows southwesterly to its junction with another creek rising east of said Webster Avenue on the east by said Cemetery Creek, and the other creek aforesaid below their junction until they empty into Lake Mer- ritt or Peralta, and thence southerly along the west shore line of the northwestern arm of said lake till the same intersects the northerly line of the city of Oakland; on the south by said north line of said city, and on the west by the westerly line of said county of Alameda in the bay of San Francisco, to its point of intersection with the north line already described of the territory sought to be annexed." To effect this plan an election was held with the following result : In favor of annexation, seventy- nine votes, and against it, forty-two. Under provisions of an Act approved March 7, 1872, the town of Alameda was incorporated, while San Leandro had similar honors conferred upon it, March 21, 1872. On July 28th, the Republican party held a Convention at San Leandro, with the object of electing delegates to the Congressional Convention, at Sacramento, when, after a keen contest, Hon. Nathan Porter, of Alameda, was put forward as the choice of the Republicans of the county. Although Mr. Porter appeared to be the favorite at Sacramento, there was present an unseen influence that gave the nomination to Horace F. Page, of Placerville, who was put forward by the friends of the Central Pacific Railroad, and thus that company commenced to work what cannot but other- wise be a questionable influence upon the politics of California. At the meeting of the Board of Supervisors held October 7, 1872, a petition was received from the citizens of the town of Brooklyn, praying to be annexed to the city of Oakland under provisions of the Act passed February i, 1872, and requesting that an election be held to determine the question. The prayer was duly granted and an election called for October 21, 1872, when the following was the result: one hundred and eighty-six votes were in favor of annexation; seventy-three against it; while there was one rejected ballot. This scheme was mooted with the ultimate view of securing the county seat, for obtaining which there appeared to be a tacit understanding; there was also a feeling that a close union of the people on this side of the bay would be more likely to advance the improvement of the harbor facilities of San Antonio Creek in the eyes of the United States Congress, thus promoting the mercantile advantages and resources of the towns situated on the estuary. The opponents of the scheme, the minority, were those who saw a neglect of the interests of Brooklyn under a con- solidated city government and squirmed at the ogre of increased taxation conjured up by themselves. The wisdom of the more far-seeing has since fully proved the sagacity of their views. . Then came Alameda with a like petition. Its prayer was granted, October 22, 252 History of Alameda County, California. 1872, and, on the 9th November, the election to decide the question was held, when it was ascertained that there were only forty-seven votes in favor of annexation, and one hundred and forty-one against it; thus the township-town was permitted to retain its pristine glories. On October 22, 1872, the Oakland and Alameda Railroad Company, assignee of H. F. Shepardson, et al., was granted permission to lay their track upon the west side of the cross-road between the Webster-street Bridge and Euclid Street, and on the west side of Euclid Street, Alameda; while, on the same date, two additional bonds of five hundred dollars each were ordered to be issued to meet the remaining debt on the Niles Bridge. Let us now glance at the financial state of the county as made by the Treasurer up to October 7, 1872: — FUNDED DEBT. Oakland Bar Bonds $ 34,000 00 Oakland Bridge Bonds ; 20,000 00 Niles Bridge Bonds • lS,ooo 00 Total $ 69,000 00 FLOATING DEBT. Registered Warrants % 74,221 94 (Interest on entire debt 10 per cent. All registered warrants will be paid by January i, 1873) Value of property owned by county; Court House, buildings, and land % 40,000 00 Infirmary buildings 6,000 00 Infirmary lands 6,000 00 Total $ 52,00000 Cash in County Treasury 20,329 12 VALUE OF PROPERTY IN COUNTY. Real estate $24,738,246 00 Improvements 5>498>°2o 00 Personal property 6,748,655 00 Amount of money 341,675 00 Total $37,326,59600 TAXES. Levied for 1872-73 $ 327,61862 Special tax in Alameda Township 2,015 1° Total $ 329,633 72 On November 11, 1872, the Board of Supervisors passed the following resolution, which speaks for itself: — Whereas, Mr. F. K. Shattuck, now and for many years a member and Chairman of this Board, is now about to retire from his duties in this Board, Resolved, That we do now extend to Mr. Shattuck the thanks of this Board for the able, untiring, and energetic manner in which he has for so long a time discharged his duties among us, and the cordial and uniform kindness and correctness which has always characterized his conduct as a Supervisor and Chairman of this Board.. On November 14, 1872, Alameda County lost one of its brightest ornaments and most efficient public servants in the person of Hon. Edward Tompkins. Senator Political History of the County. 253 Tompkins was distinguished alikel for his vast learning as he was for his oratorical gifts, and when the Fell Reaper gathered him to his sheaf he was in the zenith of his fame. The new Board of Supervisors, composed of W. B. Clement, Alameda Town- ship; Isham Case, Brooklyn Township; J. B. Marlin, Eden Township; J. A. Neal, Murray Township; E. Bigelow, Oakland Township; H. Overacker, Washington Township, took their seats and elected Mr. Case Chairman of their meetings. They at once set apart ten per cent, of the Road Fund for the Special Road and Bridge Fund, as heretofore, the township of Alameda being excepted from the above; and, on the 30th, ordered that the rate of riding and driving across bridges should be restricted to a walk, and that the number of horses and cattle driven over a bridge at one time should be limited to fifteen. 1873. — Once more have we the county seat controversy, which was re-opened at a meeting of the Supervisors held February 3, 1873, when W. W. Foote and Col. Harry Linden appeared before the Board with the request that a new election be ordered, the gallant Colonel and R. G. Knox giving testimony in regard to the names on the petition. Supervisor Bigelow moved that an election be ordered, which was seconded by Mr. Clement, but was declared lost by the following vote: Ayes — Bigelow, Clem- ent, Case. Noes — Marlin, Neal, and Overacker. A vote that showed a change in the aspect of affairs, for both the Supervisors from Brooklyn and Alameda Townships had changed their colors. It is thought that the reason for this lay in the hope that the Brooklyn portion of the city of Oakland would be chosen as the locality in which the Court House and public offices would be built. Notwithstanding this last rebuff dealt by the Supervisors, Mr. Foote procured from the Supreme Court an order commanding the Board to call an election, a charge which they could not ignore after a certified copy of the order of the Supreme Court •directing a peremptory writ of mandate in the matter of the county seat removal had been served on the Chairman by Mr. Foote, on the 17th of February. It was there- upon moved that an election be called for Saturday, March 29, 1873, and that the Clerk be directed to give the proper order, all the members of the Board, save Super- visor Marlin, who was absent, voting in the affirmative. The following proclamation was subsequently promulgated: — State of California, \ County of Alameda. J" A petition having been heretofore presented to the Board of Supervisors of the county of Alameda, signed by more than thirteen hundred and fifty-five qualified electors of said county, praying the Board of Supervisors to order an election, to be held to determine the question of removing the county seat of Alameda County from the place where it is now fixed by law, and to determine to what place it shall be removed. And it having been determined and established satisfactorily, and it appearing to the Board that said petition does contain the requi- site number of names of qualified electors, and is in all respects in compliance and conformity with law, it is therefore ordered by the Board that a special election be held in the county of Alameda on Saturday, March 29, 1873, to determine whether or not the county seat of Alameda County shall be removed from the town of San Leandro, in Alameda County, the place where the same is at present located by law, and to what place the same shall be removed. Said election to be held and conducted, and the returns made in all respects in the manner prescribed by law for general elections in said county. At such election each elector must vote for the place in the county of Alameda which he prefers as the seat of justice, plainly designating it in his ballot. And it is further ordered by the Board that, at such election the 254 History of Alameda County, California. election precincts, polling places, and officers of election of each precinct in said county shall be as follows: [Here follows the usual description of places constituting election precincts, polling places, officers of election, etc.] J. V. B. Goodrich, By C. G. Reed, Deputy Clerk. Clerk of the Board of Supervisors of Alanuda County. San Leandro, February 2^, iSyj, The morning of the day big with fate broke clear and bright; the sympathizers with the opposing factions were early afield, but, seeing that Brooklyn had come up in line with Oakland, the result was a foregone conclusion. Yet a good fight was made on the part of the Edenites. The result was a total ballot of three thousand five hun- dred and twenty-seven votes, divided as follows: — Oakland , 2, 254 votes San Leandro 1,180 " Eight other towns in the county 88 " Scattering and rejected 5 " 3,527 votes Thus giving the city of Oakland a majority of nine hundred and eighty-one votes- We have said the fight was keen, if possible the preliminary skirmishes were more so. The San Leandrans hoped against hope, but slackened not in the combat; they had learned to believe that discord had found its way into the Oakland camp, chiefly on account of the choice of location, an idea they fostered with much solici- tude, for there is no doubt that those favoring the City Hall scheme, and those partial to the plaza plan, upheld their rival claims with a good deal of bitterness, thus should any breach occur it would incline to the benefit of the old county seat. Brooklyn, also, was at fever heat, supported as she was by a large number of citizens, but, on account of a compromise with Oakland, who threatened to place " Oakland Town- .ship" on their ballots instead of "Oakland City," which latter included Brooklyn as well as the original section of the city, she put no ticket in the field. But, though the indications pointed to victory, nothing was certain, therefore a number of the citizens of Oakland proceeded to the Council Chamber and presented to the City Fathers the following resolution, which, on being read, was fully discu.ssed, and the deputation alssured that the Council had been promised, by prominent citizens, sufficient money to fulfill the promises made in the resolution: — "That in case the people of the county vote for the removal of the county seat, the Council hereby tender the county the free use of the unoccupied portion of the City Hall, the same to be finished by the Council, within sixty days after notice by the Supervisors. And that whenever the Supervisors deem it expedient to erect build- ings, the Council will then dedicate public squares on Broadway for county purposes. And, in the meantime, to secure the county records, the Council will cause to be erected a fire-proof building adjoining the City Hall, for the use of the county, free of charge. And that we are opposed to a division of the county. " Then was read the following petition signed by six hundred persons: — To THE Honorable the City Council of the City of Oakland — We, the undersigned, residents and property-holders in the city of Oakland, respectfully ask that Your Hon- orable Body offer to the Board of Supervisors of Alameda County, for temporary county purposes, for such length of time as the said Board may deem proper to meet, the use of the City Hall of said city, and as much land mmediately adjacent thereto belonging to said city, as may be required for the erection of su ch other buildings as may be found necessary to the proper and safe management of county affairs. Also, that Your Honorable Body offer to the said Board the two plazas fronting on Broadway, between Fourth and Fifth Streets, in said city, as permanent locations for such county buildings as said Board may in future see fit to erect thereon. Political History of the County. 256 Contrary arguments now sprang up like mushrooms. It was said that the city had neither the power nor the authority to give away pubHc squares which they held only for specific purposes; others declared that the completion of the City Hall would be of no ben46it to any other pjace in the county save Oakland; while should it become necessary to build, the county could ill afford the construction of expensive buildings suitable to such a rising city. All these various topics were, however, of no avail. Oakland City became the county seat March 29, 1873. On the sth of April, the Board of Supervisors paid a visit to Oakland to make choice of the three sites placed at their disposal, namely, the City Hall, the Broadway plazas, or Brooklyn (East Oak- land) where Independence square, or failing that, a block of the Larue estate was signified for their acceptance. This duty having been performed by the Supervisors, who were escorted by several prominent citizens, among them being Mayor Spauld- ing, Councilman Ferris, ex-Supervisor Shattuck, Councilman Larue, Judge Glas- cock, etc., adjourned to hold their next meeting at San Leandro on the following Monday, when it was understood their choice should be determined upon. The matter was then taken up, when Councilman Larue, on behalf of the executors of the Larue estate, and the people of Brooklyn, handed in an offer donating for county purposes a certain block of land on Adams Avenue, numbered twenty-two on the map of the old town of San Antonio, and a tender of ten thousand dollars in coin, accompanied by properly executed bonds. Judge Glascock appeared on behalf of the City Coun- cil of Oakland, and read to the Board the resolutions offering to the county the use of the upper portion of the City Hall so long as they might require the same, and promising to place it in a fit condition for reception. The resolution also promised the erection of a fire-proof Hall of Records on the City Hall property, without charge, besides the donation of the plazas already noticed. He also stated that there were citizens present, who were willing to enter into . bonds in the sum of fifty thousand dollars, guaranteeing that the offers would be faithfully performed. The care of the Brooklyn interests was in the hands of Leonidas E. Pratt of San Francisco, who belittled the gift from Oakland, and praised that which he represented, stating, that that city had no title to the plazas and no power to turn aside any city property from its original destiny. These statements over, the Chairman declared that they should now proceed to make a selection, but Mr. Bigelow, the Supervisor from Oakland, stated as his opinion that the subject was worthy of further consideration, and sug- gested that it remain over for one week. A resolutian accepting the grant of the Larue estate in Brooklyn was next proposed by Supervisor Clement of Alameda and seconded by Marlin of Eden, and on being put to the vote, resulted in its adoption by a vote of si.x to one. Here was a contretemps! Where Oakland wanted the county seat she was ignored; the Supervisors all, save Mr. Bigelow, the representative from that city, had voted that it should be located within a few hundred yards of the city's eastern limit, and one mile or more from the City Hall. This decision gave the whole county, except the residents of Oakland, supreme satisfaction — their bete noir had been conquered. Yet this triumph was short-lived, but we may not anticipate. As if to put further movement beyond the reach of Oakland, the Supervisors at 256 History of Alameda County, California. once advertised for plans and specifications for a Hall of Records, to cost ten thou- sand dollars, while temporary arrangements were made by the citizens of Broo J for the reception of the county officers and the archives. On. the 13th of April the Board met at San Leandro, when the matter of county seat removal once more came up. The Chair having made the announcement that the Board would now receive petitions, B. F. Ferris presented himself, and informed the meeting that he was Chairman of a special committee, deputed by the Coun- cil of the city of Oakland to wait upon the Board for the purpose of reading the fol- lowing bond to them: — Know all men by these presents, that we, the undersigned, undertake and promise, and hereby guarantee, that the City of Oakland will faithfully carry out all that is expressed and contained in the resolutions hereunto annexed. RESOLUTIONS. Resolved, That in case the people of the county of Alameda, at the approaching election, vote for the removal of the county seat from San Leandro to the city of Oakland, the City Council of the city of Oakland do hereby tender to the county of Alameda the free use of the unoccupied portion of the City Hall, the same to be finished by the City Council, so as to accommodate the county government, within sixty days after notice from the Board of Supervisors of their acceptance, for such time as the Supervisors of said county may desire; and that whenever the Board of Supervisors deem it expedient to erect buildings for county seat purposes, the City Council will cause, free of cost to said county, to be dedicated for such purposes, the public squares, situated upon Broad- way in said city, usually known as Washington and Franklin Squares, and also known as the plazas: and in the meantime, and for the purpose of securing the public records, the City Council will cause to be erected, free of cost to said county, a good and sufficient fire-proof building upon a lot adjoining the City Hall for the use of the county, free of charge, so long as the county may desire the use of the same for said purposes. B. F. Ferris, Samuel Merritt, F. K. Shattuck, Wm. H. Glascock, John Scott, A. C. Henry, P. S. Wilcox, Gustave Touchard. F. Warner, James De Fremery, Benjamin Akerly, Henry Durant, Mack Webber, Israel Knox, Henry Rodgers, Attest: H. Hillebrand, City Clerk. A resolution passed by the City Council April 13th, to build a Recorder's office, fire-proof throughout, free of expense to the county, and to cost not less than twenty thousand dollars, was also read by Mr. Ferris, while he, at the same time, presented the/ollowing petition from citizens of Washington Township: — To the Honorable the Board of Supervisors of Alameda County — The undersigned citizens of Washington Township respectfully request that you will reconsider your action in locating the county seat of Alameda County on Block twenty-two, in the town of Brooklyn, for the reasons: 1st. We believe that the location selected is not a desirable one. 2d. In our opinion it does not conform to the intentions of the majority as expressed in the recent election 3d. We believe that it is not for the best interests of the county financially. Samuel Marston, T. W. Millard, R. Blacow H. Crowell, H. M. Holland, W. Blacow J. C. Palmer, M. Sigrist, Peter Campbell, Ji. L. Beard, Louis Sigrist, J. S. Marston John M. Horner, Henry Muller, Lorenzo G Yates Joseph Hirsch, Peter Werringer, R. B. Hull A. O. Rix, J. J. Stokes, W. F. B Lynch Edward Rix, O. P. Tuller, Jacob Salz Ehrman cS; Bachman, Geo. W. Cook, S. Salz, ' Stephen Murray, E. F. Palmer, Joseph Horner N. Bergman, Plutarco Vallejo, John Lowrie ' C. W. T. Bergman, Joseph Herbert, W. J. Eggleston J. L. Lang, M. M. Smith, Jos. McKeown, ' Alfred K. Henry, G. M. Walters, August May, Isaac L. Lang, W. H. Mack, August Heger, Michael Rogan, K. Threlfall, Political History of the County. 257 The Board of Supervisors ordered the documents presented by Councilman Ferris to be laid on the table. Next came a communication from Mr. Estudillo stating to the Board that on December 30, 1854, a plot of land for a Court House site had been deeded by his family for so long a period as the county offices should be retained at San Leandro, but now that their removal was contemplated, he requested the Supervisors to execute a quit-claim deed for the land, a statement which was referred to the Judiciary Com- mittee and the District Attorney. The next step taken was the opening of plans for a Hall of Records, those of S. C. Bugbee & Son being adopted on motion. But here a difficulty arose, for the County Auditor, Mr. Goodrich, questioned his right to issue warrants to pay for these plans, should they be adopted, and on the matter being referred to District Attorney Moore that officer gave it as his opinion, guided by a decision in a similar case in Monterey County, that the power to erect county build- ings without first being authorized to do so by a tax levy, was not vested in the Board. The whole subject was then referred to the Committee on Ordinance and Judiciary, who were directed to report at the next meeting. This was held on the 20th of April, when they stated that the point of authority of the Board to direct payment of premiums for plans and specifications, etc., had been carefully considered by them, and they, had arrived at the conclusion " that the Board had sufficient power under the law to order said payments, and it is its duty to do so; " therefore the plans of S. C. Bugbee & Son for the Hall of Records were adopted, the Clerk being ordered to advertise for building such, the bids to be received up till the 25th April. Bugbee & Son now presented a bill amounting to two hundred and fifty dollars for the plans, etc., which on being allowed, was handed to the Auditor, who refused its audit, there- upon, on ascertaining this action of Mr. Goodrich, Supervisor Clement moved that the Board employ counsel in the matter, for the Auditor was acting under the advice of the District Attorney. The motion was adopted. On April 25th George W. Babcock was awarded the contract to build a Hall of Records, the price to be eighteen thousand two hundred and forty dollars, while to superintend its construction, a Build- ing Committee was appointed, but this movement was also doomed to failure, for on the 28th April, while in session, the Chairman and each member of the Board were served with a complaint made at the instance of Harry Linden, and an injunction granted by Samuel Bell McKee, Judge of the Third District Court, to restrain the Board from entering into any contract for the erection of any buildings for county purposes, or for the payment of any bills against the county for such purposes. The complaint was required to be answered within ten days. This document, which was signed by Haight & Sawyer, attorneys for plaintiff, averred that the site selected by the Board of Supervisors was not within the city of Oakland; that the location was procured by the votes and influence of President Case, who was charged with being interested in the adjacent property; that the defendants had advertised for one week for proposals for the erection of a County Recorder's office upon said block, which would involve an expenditure of about eighteen thousand two hundred and forty dollars; that such expenditure would be an incumbrance upon the tax-payers of the county, and that no authority of law existed for the outlay; that the Board had not yet acquired a title to the 258 History of Alameda County, California. property, and that unless the Supervisors were restrained from proceeding with their proposed disbursement, great embarrassment would result to the tax-payers and to the county. It then wound up with a general prayer that the defendants might be enjoined from entering- into any contract for the erection of a Hall of Records, or other county buildings, and that said injunction might be made perpetual. Having each been served, as stated above, with the complaint the Board of Supervisors then adjourned. While the injunction stayed the buildings being proceeded with on block twenty- two, it did not prevent the Brooklyn Joint Stock Company, who had purchased block twenty-one, from proceeding with the erection of a Court House and other public offices there, thus the intention of the decree was set at naught and Brooklyn fixed as the county seat, from which position it appeared as if nothing but an Act of the Legis- lature could oust it. The deed to block twenty-two was presented by the represen- tatives of the Larue estate on the 20th May, which, on its being referred to the District Attorney, that officer reported favorably upon, June loth, James Larue in the meantime tendering to the Board the use of a wooden building that stood upon block twenty-one for the use of the county, at the nominal rental of one dollar per month, the new Hall of Records being at the same time offered for seventy- five dollars a month, which propositions were duly accept-ed, and the District Attorney directed to draw up leases embodying the condition that the property would be rented by the county for one year, with the privilege of two — the leases to be vacated upon three months' notice of either party. The following resolution locating the county seat on block number twenty-one was adopted by the Board June 17, 1873: — Whereas, This Board did heretofore, by resolution duly passed and entered, in pursuance of law, designate the city of Oakland, in the county of Alameda, State of California, as the county seat and seat of justice of said county, from and after the 2Sth day of June, A. D. 1873; now be it further resolved and ordered, that the wood and brick buildings erected and being finished upon Block twenty-one, of the late town of Brooklyn {now Oakland), in said county, together with the land upon which they stand, is, and shall be from and after said 25th day of June, 1873, and until the further order of this Board, the county seat and Court. House of said county, and the abiding place of all the offices and records of said county. The county jail was then located by the following order: — It having been ordered by this Board that the seat of justice be, from June 25, 1873, at the city of Oakland, in this county, and it appearing to the Board that no adequate facilities exist in said city for the safe keepii^ and detention of prisoners and persons accused of crimes, it is resolved and so ordered that until the further order and action of this Board the jail of said county be and remain in the town of San Leandro, and as at present used. Thus, after two years of vigorous conflict, was San Leandro deprived of her "capitolian crown;" but was Brooklyn to be allowed to continue in calm possession of her newly-earned honors? That was the question! It was hardly to be expected that the twice baffled citizens of Oakland proper would remain supinely indifferent while its late acquisition of Brooklyn bore away the trophy of victory. The war was to be maintained; the combat must be fought to the bitter end. The archives were duly transferred to their new home on the 26th June, and then did the county officers take possession of the buildings located at what is now known as East Fourteenth Street and Twentieth Avenue. On the 5th of July Political History of the County. 259 the Board of Supervisors held their first meeting there, and on the /th the County Court had its first session. On the 15th a certain amount of doubt as to the action taken in accepting the deed of block twenty-two from the Larue estate was manifested, and gave cause for considerable discussion. It had been hinted that the title in fee simple still remained vested in the grantor, who, it was contended, in the event of the county not being able to build upon the land, would maintain his right to it; while, if the title was not vested in the county, any persons that might object to the erection of buildings thereon would have good cause for an injunction; and, should the fee simple of the land be vested in the county, on the other hand, and the county fail to erect buildings thereon, the ground would inevitably be lost to the estate of Larue. The matter was then laid over for further consideration. Meanwhile the Board of Supervisors expectantly looked forward for the decision from the Supreme Court on an application for an injunction, as they were bent upon the erection of a jail on block twenty-two, and they had those against them who were unfavorable to the scheme and would not hesitate to make the most strenuous opposition. The Supreme Court delayed not in their judgment; the appli- cation was made on the i8th July, and on the 19th the decree was given to the public. Having stated its reasons for granting a temporary injunction, the Court goes on to say: — Waving the question of whether the action is properly brought by the plaintiff and against the defendants, without making the county by name a party thereto, we are satisfied that the complaint states no cause of action. It is settled in this State that no order made by ths Board of Supervisors is valid or binding unless it be legally chargeable to the county;, and if claims not legally chargeable to the county are allowed, neither the allowance nor the warrants drawn therefor create any legal liabilities. [People eij. Supervisors of El Dorado County, n Cal., 170; Branch Turnpike Company vs. Supervisors of Yuba County, 13 Cal., 190; Trinity County vs. McCammon, 25 Cal., 117.] If therefore it be true, as alleged, that no authority of law exists for the expenditure . proposed, and neither the defendants nor the Board of Supervisors are authorized by law to make provision for the payment of any claim for or on account of the work proposed, it must follow, as a consequence, that by no legal possibility can the plaintiff or the other tax-payers of the county be injured by the supposed illegal acts of the defendants. The expenditure, if made, would, in that event, be no charge upon the plaintiff's property, and he has, therefore, no interest in the question presented. If illegal claims are allowed by the Board against the county, it will be the diity of the Auditor to refuse to draw warrants therefor; and if warrants are drawn it will then be the duty of the Treasurer to refuse to pay thera. The presumption is that these officers will faithfully discharge their duty in the premises. Order reversed; remittitur to issue forthwith. We concur: Belcher, J. Wallace, C.J. Rhodes, J. And now, with right on their side, the Supervisors commenced to advertise for plans and specifications for a fifty-thousand-dollar jail, offering a premium of three hundred dollars to the successful architect. On August 6th the tender of G. W. Babcock was accepted for building the proposed structure on block twenty-two for thirty-two thousand and sixty-six dollars, to be paid in county warrants; Mr. Larue, at the same meeting, presenting a new deed for that parcel of land, which was accepted and the erection proceeded with. At this juncture the Civil Code providing for the division of counties into Super- visoral Districts, according to population, came into operation and gave Oakland 260 History of Alameda County, California. Township three Supervisors instead of one as heretofore, thus manifestly improving her position in voting on the vexed question of county seat removal. Yet the coun- try members of the Board, who were all re-elected at the September election, stuck to each other as against their " common foe," and lively times were experienced within the walls of the Board-room. They held their first meeting on the 6th of October, when, after much heated discussion, Isham Case, of Brooklyn, was called to the Chair. Triumph number one for the Brooklynites ! The vote went to show the feeling of the Board, it being the three members from Oakland as against the four from the non-metropolitan districts. Henceforward the fights at the Board were extremely bitter; hardly a question that came up but was hotly contested; meanwhile Brooklyn, or rather East Oakland, as it was then being generally called, retained the honors — but the end was not yet!! Leaving this subject for the nonce, we will now proceed with the several other official actions connected with the year 1873. A generous offer of two thousand young trees, to be planted on either side of the county road, between San Antonio and San Leandro, was made in the month of March to the Board of Supervisors by Henry S. Fitch, of Fitchburg, but it is not on record that any notice was taken of the tender, although the Board had in con- templation such an improvement. On the 17th of June a committee was appointed to divide the county into Supervisor Districts, a duty that was reported completed on August 2d, as follows: First Supervisor District, Murray Township; Second Supervisor District, Washington Township; Third Supervisor District, Eden Township; Fourth Supervisor District, Alameda and Brooklyn Townships; Fifth Supervisor District, all that part of the city of Oakland in Oakland Township south of Tenth Street and east of Adeline Street; Sixth Supervisor District, to comprise all that part of the city of Oakland in Oakland Township north of Tenth Street and east of Adeline Street; Seventh Supervisor District, to comprise all that part of the city of Oakland west of Adeline Street, and all that part of Oakland Township outside of the limits of the city o^ Oakland. On August II, 1873, the Republican County Convention met at San Leandro under the presidency of George M. Pinney, when Charles Webb Howard, W. J. Gurnett, and I. A. Amerman were nominated as State Senator and Members of Assembly; and on the 23d, a meeting of the Independent Reform Convention was held at the call of the Democratic County Committee at the same place. Doctor Beverly Cole being Chairman and J. M. Estudillo, Secretary of the Convention. The nominations made by this new party in county politics are curious as showing a fusion of the two opposing factions, and are here produced as an example of attempting to mix oil and water. The information is obtained from Mr. Halley's work: " Hon- Edward Gibbons, Independent, received the nomination for State Senator, and Hon- J. W. Dwindle, Republican, and Hon. Daniel Inman, Democrat, both former repre- sentatives of the county, were nominated for Assembly. For Treasurer, Robert Far- relly was nominated by acclamation. Mr. Farrelly had been a candidate before the Republican Convention, having hitherto co-operated with that party; but by one of those mysterious political manoeuvres, which sometimes surprise people, the nomina- Political History of the County. 261 tion was snatched from him. This was believed to be done through the influence of a secret politico-religious organization, known as the ' Crescents,' which had a strong delegation in the Convention, and Mr. Farrelly felt free to accept the Independent nomination, which he did. Ellis E. Haynes, a Republican, was nominated for Sheriff; J. M. Estudillo, Democrat, for County Clerk; Eben C. Farley, Democrat, for Recorder; Henry Evers, Republican, for Auditor; W. W. Foote, Democrat, for Dis- trict Attorney; Newton Ingram, Democrat, for Tax-Collector; Thomas W. Millard, Democrat, for Assessor; V. S. Northey, Independent, Commissioner of Highways; John Doherty, Democrat, Surveyor; Eugene Thurston, Democrat, ifor Superintendent of Schools; S. W. Mather, Republican, for Coroner; and Dr. W. P. Gibbons, Replibli- can, for Public Administrator." At the election which took place on the 3d Septem- ber, the entire Republican ticket was elected save for the offices of State Senator and County Treasurer, in which the Independents were successful, while the candidates for the positions of Coroner and Public Administrator were endorsed by both parties. The new Board of Supervisors, who took their seats on the loth October, were: J. A. Neal, District No. i; H. Overacker, District No. 2; J. B. Marlin, District No. 3; Isham Case, District No. 4; W. B. Hardy, District No. S; P. S. Wilcox, District No. 6; F. K. Shattuck, District No. 7. This Board was elected for three years and by law were required to divide themselves as nearly as possible into three classes to hold for onC) two, and three years respectively. The District Attorney gave it as his opinion that this could be done legally at any time within the iirst year after their election, where- upon a resolution to classify at once, as follows: two for one year, three for two years, and two for three years, was indefinitely postponed by a vote of four to three, following which, Supervisor Case was elected President of the Board for the ensuing year. In this fall the People's Independent party was organized in California, with Governor Newton Booth at its head; and, at the judicial election held October isth Judge McKinstry was elected on the Independent Ticket, although Judge McKee, the Democratic nominee, had the greater majority in this county. At this election the candidature of G. E. Freeman and A. M. Church for the office of Justice of the Peace of Murray Township resulted in a tie, but, at a special election held on the 22d November, Mr. Church received the position by a plurality of forty-six votes. On October 20th a franchise was granted to the San Francisco and Oakland Water Company to lay water-pipes along and across the main county road to San ]os6 and "in, through, along, and across any and every other public highway in the county" for the purpose of supplying the inhabitants of said county with pure, fresh water, conditional, among other things, upon water being furnished free for extinguish- ing fires, and at half rates or less for sprinkling purposes to the county. On November 11, 1873, a resolution was introduced by Supervisor Marlin, that County Assessor Edwin Hunt be requested to resign his office on account of failure to discharge his duties, etc. It was so ordered and a committee appointed to investi- gate into the affairs of that department. It would, appear that Mr. Hunt had been arrested on the 2 1 st of October, under a charge of embezzling public funds, but the decision come to by Judge McKee, before the case came up for trial on December 2d, sustained the demurrer to the complaint on the ground that the provisions of the Political Code, authorizing Assessors of counties to collect poll-taxes were inapplica- ble to those officers who were elected before the adoption of the Code. 262 History of Alameda County, California. About the same time, Mr. Northey, who had been elected Commissioner of High- ways, was refused, by the County Clerl<, a certificate of election, on the ground that the office in this county was not authorized by law. On application to the Third District Court for a writ of mandate to compel the issuance of such certificate, Judge McKee decided against the existence of such an office. On November 22d there died at the residence of his brother-in-law, James Beebei at Temescal, Colonel Harry Linden, a gentleman who had been politically prominent in Alameda County. Coming to California in 1850, he maintained his residence here for a long series of years. He was appointed Colonel on Governor Haight's staff; held the office of Public Administrator of the county, and for several years anterior to his death was Commissioner of the Third District Court. Not long before his death, hfe filled the position of member of the Board of Commissioners and Treasurer of the Deaf, Dumb, and Blind Institute. In this gentleman the Democratic party lost one of its most ardent supporters. It would appear that on the 3d November it was resolved that when the Board of Supervisors meets on the same day as such, and as a Board of Directors of the County Infirmary, the allowance of six dollars per day shall be for said day only. It is therefore presumed that this sum was allowed in the first instance for more than one day, as, on the 24th, Supervisor Hardy notified the Board that he had placed the warrant issued to him in his favor for the bill allowed on the 3d November in the hands of the Clerk, and asked that he be allowed to withdraw it as he had ascertained that the same was incorrect. Thereupon, on motion, the bill of each member of the Board allowed at that date was referred to the District Attorney, who was requested to point out any error that might exist. This he did on the 23d December, and after an attempt to legalize their bills for the past year, on February 23, 1874, they decided to surrender the warrants previously issued to them, amounting to two thousand four hundred and seventy-seven dollars and eighty cents, and have issued in lieu thereof warrants for two thousand one hundred and fifty-nine dollars and eighty cents. During the month of December a bill was introduced into the Legislature to change the sittings of the Supreme Court from Sacramento to Oakland, but to no avail; while, the Assessor's reports at the end of the ^ear showed Alameda to have gained the proud position of being the chief rural county of California. Her assess- ment roll showed a value of thirty-five millions, one hundred and fifty-four thousand, and sixty-five dollars; her total State and county tax amounted to four hundred and thirteen thousa,nd, three hundred and forty-four dollars and sixteen cents; while, her indebtedness was one hundred and eighty-six thousand, six hundred and twenty-five dollars and thirteen cents. 1874. — Chief among the events that transpired in the year 1874 were the steps taken by the Board of Supervisors of Alameda County towards the improvement of Oakland Harbor; and the completion of thfe third fight over the county seat. On January 12, 1874, the following memorial to Congre-ss in respect to the improvements of Oakland Harbor, was adopted by the Board of Supervisors; — Whereas, It is now understood by your petitioners that an official survey has been made by officers of the United States for the purpose aforesaid, and that a plan is about to be reported by the Board of Supervisors of the Pacific Coast, Wherefore, Your petitioners, on behalf of the citizens of Alameda County and of the city of Oaldand, anp Political History of the County. 263 in view of the very important geographical location of the harbor of the city of Oakland, relative to the marine and land traffic and travel connecting the shores of Asia and Europe across the continent of America, and joining the Atlantic and Pacific seaboards of the United States, most respectfully ask that Your Honorable Bodies will be pleased to grant such an appropriation for the improvement of the harbor of Oakland, California, as may be recommended by the Board of Engineers of the Pacific Coast and endorsed by the Chief of Engineers of the United States Army. And further your petitioners will ever pray, etc. Like memorials were transmitted by the City Council of Oakland, and the Board of Trustees of San Leandro, which culminated in the appropriation of one hundred thousand dollars for the commencement of the work. Its further progress will be found recorded in our history of the city of Oakland. An attempt was made about this time to incorporate Berkeley as a town, but the farmers being unfavorably disposed to the scheme, it was not brought to full fruition. It was also attempted, by a bill introduced in the Legislature, to take a strip of land of about two miles from off the southern portion of Alameda County and annex it to that of Santa Clara, but this too failed; while, the Tide Land Commissioners had it on the tapis to dispose of a part of the tide land at the head of Lake Merritt, but this also failed on the. passage of an Act ceding the territory in question to the city of Oakland. It was in the Supreme Court that the county seat question made its reappearance in 1874. The manner of its resuscitation was in this wise. Upon George W. Bab- cock, the contractor for building the jail, making' application to Auditor Goodrich for payment of his claim on that account, that officer declined to allow it, therefore the first-named gentleman applied to the Supreme Court for a peremptory writ of man- date to compel the County Auditor to allow his demand. The Court gave a decree in favor of Babcock, and thereafter a bill was passed by the Legislature, March 28, 1874, allowing him the sum of one thousand dollars and no more. On February 4, 1874, "An Act to enable the Board of Supervisors of the County of Alameda to erect the county buildings of said county upon Washington and Franklin Plazas, in the city of Oakland," was approved, and is as follows : — Section One. — Whenever so directed by a resolution passed by the City Council of the city of Oakland, at a regular meeting of said Council, the President and Clerk of the said Council shall execute, under the common seal of said city, and aclcnowledge grant from said city of the plazas situate in said city and known as Washing- ton and Franklin Plazas, to the county of Alameda, for the purpose of erecting thereon a County Court House and other county buildings for said county. Section Two. — Such grant, when so executed and acknowledged, shall be delivered to the President of the Board of Supervisors of said county, who shall cause it to be recorded in the Recorder's office. Upon the receipt of such grant the Board of Supervisors of said county shall have power to remove the county buildings of said county to said plazas, and to erect therein such county buildings as they may be authorized by law to construct. Section Three. — In case such plazas shall be conveyed to the county of Alameda, as hereinbefore provided, and the same, or either of them, shall not be occupied by the county of Alameda for the purposes aforesaid, within four years from the delivery of such grant, the city of Oakland may have and maintain an 'action against the county of Alameda for a reconveyance to it of the property not thus occupied. Section Four. — This Act shall take effect immediately. This bill was brought to the attention of the Supervisors at their meeting held on the nth February, when it was read; besides, a certified copy of a resolution passed by the City Council of Oakland, and a deed, duly signed, was presented by Mr. Shattuck, who moved that the conveyance be accepted, but it was adversely met by the "Big Four" from the rural districts, who stated that they were but the mouth- 264 History of Alameda County, California. pieces of their constituents, who were all inimical to the accepting of the P^°^°^^-g^^^ Mr. Case, who, like the ill-fated Duke of Brunswick on the field of Quartre ^^^^, " rushed into the field, and foremost, fighting, fell," contended, with much ^^""^^^^ that the lease was illegal, and that the change had been by no manner ot me ^ required by a majority of the people, he finally moving that the resolution be m e - nitely postponed. Then ensued one of those conflicts of words that do not con er honor upon the august body charged with conducting the affairs of the county. ihe upshot of the whole was, however, that the unfailing four carried the motion of indefi- nite postponement against the voice of the usual three, and ended the matter so far as the Board of Supervisors was concerned, while Oakland had exhausted all her resources in that quarter. Of the succeeding action, Mr. Halley, who has evidently given the question his closest attention, says, the Country Delegation at Sacramento could only be par- tially relied upon. Senator Gibbons had expressed no opinion on the matter, and had made no pledges in this regard when before the people of the county seeking election. He had, in fact, refused to commit himself, and had consequently met with opposition where he would otherwise have gained votes. He was an Oakland man, to be sure, but then he had the example of Senator Tompkins, who had incurred the hostility of the country people on account of his alleged special advocacy of Oak- land, to warn him. Assemblyman Amerman, until the time of the removal to Brooklyn, had conducted the fight for San Leandro, and it could not be supposed that his support would be forthcoming. Mr. Gurnett, alone, of the three delegates, was the only man who could be relied upon to warmly espouse the cause of Oakland in the Legislature, and this, of course, he did. Then there was the question — What could the Legislature legally do that had not already been done? Could it properly interfere in deciding what part of a town a Court House was to be located in? The matter, at any rate, was to be tested, as Oakland had already exhausted every other resource. At a meeting of the City Council, held on the i6th February, Mayor Durant sent in a message in which he urged the Corporation to take the initiative in a move- ment for the division of the county, with a view to the erection of the city of Oak- land and the adjoining townships into a separate county, to receive the name of Oakland. No action, however, was taken on this message, which no doubt was merely meant as a threat to be put in force under certain contingencies. With the aid of the daily papers, which had very warmly entered into the controversy in favor of the claims of the city, public opinion was aroused to action and the legislative remedy sought. The best legal opinion was obtained, and a bill drawn up to suit the emer- gency, at the instance of a committee having the matter in hand, called the Citizens' Union, which consisted of prominent property owners. By this bill, which was enti- tled: "An Act to provide for the erection of county buildings in the county of Ala- meda, and for the issuance of bonds therefor," the Board of Supervisors was directed to issue eight per cent, twenty years' bonds, to the amount of one hundred and fifty thousand dollars, to be redeemed by an annual tax, which raised one thousand dol- lars. The Governor was required to appoint five Commissioners, who were to have sole management of the money. They were to take possession of the Oakland Political History of the County. 265 plazas and proceed to erect such county buildings as they might deem proper. They were authorized to complete the jail then erecting on Block twenty- two, if they saw fit. The bill contained many restrictions, and it was intended that the Supervisors should not have any control over it, or in any way defeat the progress of the work, even by resigning. Doctor Gibbons introduced the bill without comment in the Senate, and it soon went before the Committee on Corporations. Both sides were advised, and, on the evening of March 3d, the matter was discussed. Supervisor Case, E. G. Mathews, and William Meek, were heard on behalf of the Supervisors; W. W. Foote followed as counsel for the city, speaking more than an hour. Then Senator Gibbons declared himself He was in favor of the bill, but said he had offered a compromise to locate the county seat in the vicinity of Tubbs' Hotel, but the idea was not tolerated. Then followed a speech by Mr. Gurnett, before and after which there was a running cross- fire of assertions and contradictions from both sides. It will be seen that so far Mr. Amerman had taken no part in this year's inter- necine warfare. The Sacramento correspondent of the Oakland News, Mr. Harwood, who took a very zealous part in the controversy, and may be said to have kept the life in it for the Oakland people, wrote very despondingly one day that Amerman would "oppose any legillation intended to break the ring in the Board of Super- visors," and this left the matter in not an altogether encouraging condition. The Chairman of the Committee on Corporations, too, was Senator Farley, who, two years before, had championed the cause of San Leandro in the Senate, in opposition to Senator Tompkins. On the Sth of the month, the committee met again and heard further statements in reference to the matter. The Chairman said, on calling the committee to order, the question before them was whether they should take from the Board of Supervisors certain functions they were vested with by law; whether it was good policy in this case for them to do so. Supervisor Shattuck appeared and made a full statement of the existing troubles. He cited the example of San Francisco, where the erection of county buildings had been taken out of the hands of the Supervisors and vested in Commissioners. The subject of title to the plazas was discussed, when Mr. Shattuck stated how they were donated and what they were worth; and Senator Gibbons said the original owners of the town site. Hays and Caperton, had recognized the plazas as public property, and for twenty years they had been so considered. Mr. Gurnett read a letter from Judge Glascock, Attorney for Hays and Caperton, stating that he was authorized and would execute any kind of deed that was required. The Chair- man asked what was the general sentiment of the people on the question. Shattuck replied that they denounced the action of the Supervisors. . Senator Laine asked how the vote of the county would stand on the proposition, when Shattuck answered, "two to one." Case asked if the jail then building would be sacrificed; Shattuck then went into a statement of the building difficulty; showed how the Supervisors were elected for three years under the Code; how they had endeavored to obtain a classification of the Board as to years of service, and been defeated, and how, under a late decision of the Supreme Court, the Board could raise four hundred thousand dollars annually by taxation and put up fine buildings at the expense of the people. F. J. Clark of 18 266 History of Alameda County, California. Livermore, said those who voted for removal in Murray Township were in favor of the plaza proposition. Mr. Shattuck said, in Washington Township, many represen- tative men were in favor of the Oakland plazas. Case said that the jail would be completed in thirty days. Senator Gibbons stated that he had received a letter from Samuel Marston, of Centreville, stating that a majority of the people of Washington Town.ship favored the pending bill. Mr. Mathews read an article from the Oakland News, which stated that if the Brooklyn people would annex to Oakland, her plazas should be included in an offer to the county. Senator Gibbons replied to this that he had offered to compromise in favor of the plaza near Tubbs' Hotel, in Brooklyn, a most beautiful location, but Mr. Case paid no attention to the proposition. Case and Mathews said they would be very glad to give up the Court House and get back their town government, and be once more independent of Oakland. And here follows another pause in the controversy before the final and abrupt close of the protracted farce. After this Mr. Harwood wrote to his paper that success was quite certain, if the bill was got through the Senate. Gurnett could get it easily through the Assembly whether Amerman opposed it or not. A day or two after there was suddenly a talk of compromise in favor of the Washington (Brooklyn) Plaza, near Tubbs' Hotel; then an open declaration that Case would agree to a compromise^ by which the jail would remain on block twenty-two, and the- Court House be built near Tubbs' Hotel; and that Senator Gibbons was a party to the compromise. Then came a cry of " treason,'' and a declaration that Oakland was without a particle of public spirit. There was a sudden awakening, however. Senator Gibbon's course was criticised, and a public meet- ing called by " Many Tax-Payers " on Saturday evening, March 14th, in Brayton Hall, Oakland, whose rallying cry was "No Compromise!" Hon. Zach. Montgomery, on motion of Judge Ferris, was voted to the chair; W. D. Harwood and A. W. Bishop the editors of the News and the Transcript, were appointed Secretaries. Then fol- lowed a long list of Vice-Presidents. Judge Ferris moved the first resolution instruct- ing " our Senators and Members of Assembly to use their best endeavors to pass, without delay, the original bill in relation to the removal and location of the coun-ty buildings, and opposing their location elsewhere than upon the Broadway plazas." Senator Gibbons was called for, but was not forthcoming. Mr. Gaskill said he was at the Grand Central Hotel, and moved the appointment of a committee to wait upon him, where he was accordingly waited upon by Messrs. Gaskill, Wilcox, and E. Bigelow. They subsequently reported that they had seen the Senator, but he excused his non- attendance on the ground of illness. He admitted being a party to the compromise, and would not pledge himself to the removal to the plazas, as contingencies might arise that would influence him. Mr. Shattuck gave his version of the new develope- ment, with which he associated the name of A. A. Cohen. He said Senator Farley would report the bill on Monday, unless he received instructions to the contrary, and expressed the opinion that the people were opposed to any compromise. Judge Blake followed in a speech, wondering at the conduct of Senator Gibbons, and opposing a compromise. This was to allow the jail to remain on block twenty-two, and pay the Larue estate twelve thousand dollars for the land. Hon. R. C. Gaskill fol- lowed in a "ringing" speech, condemning the course of the Senator, and declaring Political History of the County. 267 the Senate would pass the bill in spite of him. Supervisor Wilcox made a speech in which he described the horror of a " stench," and said he would prefer to have the county buildings back to San Leandro, or even Alvarado, than that they should remain where they were. He favored " no compromise." He accused the members of the Board of Supervisors of telegraphing each other with their thumbs, whenever a vote on this question was taken. Marlin had told him he would vote for the plazas but when thumbs went up he "fell down." Mr. Foote accused some of the members of the Board with perjury, and spoke encouragingly of the bill. He believed Doctor Gibbons would withdraw his support from the compromise; he knew that Amerman who was a prospective candidate for Congress, would not dare to oppose it; and Gurnett, he was sure, was in favor of it. The resolution was unanimously carried, and a committee of five appointed to go to Sacramento, to assist in the passage of the Senate bill. The proceedings concluded by taking up a subscription to defray expenses. The Secretaries were instructed to furnish the delegation with a copy of the resolution, and then the meeting adjourned, feeling that success would surely follow. The meeting had its effect, and the result was an immediate surrender. The committee appointed proceeded to Sacramento on Sunday. They met at Amerman's apartments, and talked the matter over. It was stated that Case would not oppose the bill if the Commissioners were stricken out and the Supervisors allowed to erect the buildings. All but Judge Ferris agreed to this. Senator Gibbons said the bill should be so altered; it was the weak part of the bill, and the concession was a trifling one. Amerman said he had taken no part in the contest, but could not, as expected, champion block twenty-two. He favored the bill with the Commissioners stricken out. Gurnett did not care who did the work, so long as the buildings were placed on the plazas; so that the whole delegation were united, and the bill would go through both Houses without a word of dissent. About midnight Case was called upon. He was not in favor of the bill in any shape, but as all Alameda County's representatives had united to pass it, as an officer of the law, he should obey. He would not do anything to obstruct the erection of the buildings, and as a Supervisor he would act in connection with all building oper- ations on the Broadway plazas, just as if they were on the location of his first choice. The praise of Mr. Case, as a man of honor, who had made a gallant fight for his sec- tion and friends, then followed. He had never broken his promis: nor violated his word, and all that remained to end this prolonged county-seat controversy — to finish this three years' local warfare — was the arrangement of the formalities. On the fol- lowing Thursday, Senator Farley reported a substitute for the original bill. Gibbons moved a suspension of the rules, in order to consider the bill at once. Edgerton opposed it, and said he had been requested to oppose it, and wanted time to consider their reasons. Evans said the committee had heard both sides, and the substitute was the result. Gibbons explained; and on a call of ayes and noes there were thir- teen noes to eighteen ayes, showing that the Brooklyn party were far from being without strength, even after this compromise was concluded; and it is doubtful, con- sidering that this was within twelve days of the end of the session, if the fight had been kept up, the original bill could be carried through. 268 History of Alameda County, California. A few days after there was a hitch; some of the Brooklyn men — Larue and Cam- eron — having heard what was going on, proceeded to Sacramento and rather disjointed matters. Some new arrangement was effected, however, and the parties appeased, and on the 19th the bill passed the Senate unanimously and went to the Assembly. It provided for the issue of bonds to the amount of two hundred thousand, instead of one hundred and fifty thousand dollars as at first proposed, and allowed the deeding back to James Larue of block twenty-two should the county jail be removed. In case the jail should be completed on block twenty-two, the Supervisors were to pay Mr. Larue a reasonable compensation for the property. Mr. Larue, however, did not want the jail on his property, and simply asked for a return of the land, which of course could not be, and was refused. There were several Brooklyn gentlemen pres- ent, who did not relish the turn things had taken, as some of them had invested largely in the company to put up the temporary county buildings; and it was no wonder if they felt as if they had in some way been deceived. The bill passed the Assembly on the 20th, and at four o'clock on the 2Sth it was signed by the Governor, and became a law. Until the very last there was some oppo- sition to it, and there remained yet a dread that the majority of the Supervisors would carry on a hostility, or that the legality of the bill would be tested in the courts. Indeed, a slight move in this direction was made, but all opposition was soon aban- doned. The jail building on block twenty-two was pulled down, and the material removed to Washington Plaza, where it was reconstructed. This little matter cost the county about twenty thousand dollars. As we have seen, a bill was passed through the Legislature allowing Mr. Babcock, the contractor, one thousand dollars for law expenses in his contest with the Auditor, who very injudiciously put the county ta that and other outlays, in taking a position that the Judges made clear to him he had no right to take, in disputing an order of the Supervisors. In looking over the whole of this protracted contest, the writer cannot help thinking that the greater part of the acrimony and passion that entered into it might have been avoided, and all that was desired accomplished by the use of conciliation and a clearer forecast. At the start the agitation for removal was consigned to the management of one man, who, however active and zealous, was not the proper person to conduct so delicate a business. Col. Harry Linden was suffei^ing from ill-health, and was not able to use that argument of the manner which pleases, if it does not convince. Had only one of the outside townships been won, the battle was assured for Oakland. A respectable deputation from the city at the proper time would have done it, but, instead of persuasion, there was too much wordy warfare — too much, assumption for conciliation. The Supervisors, however improper their conduct might have been, when violently attacked received the sympathy qf their constituents and an opposition was constructed, so inflexible as nearly to conquer and endanger the decision of the county. That block twenty-two was not a desirable location no one will now pretend to maintain; but in it was centered the local pride of a spirited community, who believed that they were entitled, by an unwritten compact, to the county seat. Again, the southern section of the county, formerly the ruling portion of it, saw the seat of justice gradually slipping away from it — from Alvarado to San Leandro; from San Leandro to Brooklyn — and it was only natural that they should Political History of the County. 269 resist its establishment on Broadway as an Oakland aggression and a centralization of power and advantages. But it is very doubtful if the location were open to dis- turbance to-morrow that the slightest effort would be made to effect another change. Since the close of the contest two splendid structures, on either plaza, have been erected, which, notwithstanding some defects, are both ornaments to the city, and proud emblems of the importance of the county. It is hoped that by their cost, completeness, and convenience, an end is forever put to all further county seat agita- tions. The latter is an ordeal which every county in the land has had to pass through some time or the other. In our chapter on the Early History and Settlement of the County we have seen the trouble crop out here first in 1835, with our Mexican prede- cessors, who desired to see the seat of justice for this district removed from San Francisco to San Jos^, where laws for the Contra Costa were first administered. When Contra Costa County was organized, in 1850, there appears to have been no trouble in effecting the location at Martinez, because Alameda was virtually without population, a location, or a champion; but when the creation of Alameda came there ■was the first bitter warfare between the northern and southern sides of the county. The south, by reason of its earlier settlement, was then the strongest and won. It had the population and the resources. The removal to San Leandro was an assertion of the growing power of the north; and the removal to Brooklyn was a piece of strat- egy that obtained its advantage from peculiar position and tact. The final transfer to Broadway, Oakland, was simply the evidence of cumulative power and the irresistible force of a rapidly augmenting business center, and a spirit that would brook no resist- ance and yield to no compromise. All the localities that have lost the boon of the 'county seat at various times, made gallant contests for its maintenance, and there is no just reflection to be indulged in now, only that they had to yield to the inevitable. Perhaps the keenest contest ever had in Alameda County was that known as the "Local Option," a scheme which emanated from the State of Ohio, and was an- other form of a crusade against intemperance. It was the embodiment in one law of a p:an to permit townships to determine by a popular vote where the vend- ing of liquor should be licensed within them or not. It called forth the energies of all enemies to strong drink. Men and women, clergymen and laymen, public officers and unofficial persons all took part, and excitement ran at fever heat. On April 22, 1874, two hundred and seventy-six citizens of Washington Township peti- tioned the Board of Supervisors for a special election to vote upon the question of "License or No License," under the provisions of the Act approved March 18, 1874. The prayer was granted, and May 23d fixed as the date for holding such. Mean- while the question assumed a prominent shape in other townships, and in due course of time elections were there held, with what result the following figures will explain: — Township. Date oE Election. For License. Against License, Alameda July 2,1874. 201 108 Brooklyn June 6, 1874. 267 350 Eden July 11, 1874. 305 244 Murray June 27, 1874. 384 170 Oakland May 30, 1874. 1,038 _ 1,291 Washington May 23, 1874. 184 167 Total 2,379 2,330 270 History of Alameda County, California. Showing a total of forty-nine in favor of " Licenses," this general result, however, not affecting the result in the separate townships, who had the right to exercise its own local option. On June 29, 1 874, W. H. Foye presented an estimate of the cost, of applying the " Foye System" to the construction of the walls of the new Court House, placing his figures at five thousand nine hundred and ninety-one dollars and fifteen cents, which, July 6th, was adopted; while, on June 29th, the resignation of Supervisor Wilcox from the Board was accepted. On July 6th bids were opened for the purchase of fifty thousand dollars' worth of county building bonds, for which there were seven bidders. The offer of Charles Sutro, at 102 85-100 was accepted. On July 13, 1874, the boundaries of Alameda Township were changed to read as follows: Beginning in the center of San Leandro Bay, thence'northwesterly to the mouth of Brick Yard Slough; thence westerly up and along the middle of said slough to the center line of Washington Avenue; thence westerly along the center line of Washington Avenue to the westerly line of Park Avenue, at the bridge; thence north- westerly along the middle of Main Slough, emptying into the estuary of San Antonio, to said estuary; thence westerly along the main channel of said estuary to its mouth in San Francisco Bay; thence westerly in said bay, following the deepest water, to the western boundary line of Alameda County; thence southeasterly along said boundary line six and three-fourths miles, more or less, to an angle in the same, and due ea.st one and a quarter miles, more or less, to an angle in the same; thence northerly to the most easterly extremity of Bay Farm; and thence northerly in a straight line to the place of beginning. On the 3d of August Judge Nye appointed George C. Potter Supervisor for District Number 6, in the place of Captain Wilcox; while, on the same date, the Board of Supervisors was classified as follows: First — -Two members to be elected at the next general election, in September, 1874. Second — Two members to be elected at the general election in 1875. Third — Three members to be elected at the general election in 1876. The Supervisors for the First and Sixth Districts were to be elected in 1874; those for the Second and Fifth in 1875; and those for the Third, Fourth, and Seventh Districts in 1876. The election being held on the 7th Septem- ber, the new Board, consisting of James Beazell, District No. i ; H. Overacker, Dis- trict No. 2; J. B. Marlin, District No. 3; Isham Case (Chairman), District No. 4; W. B. Hardy, District No. 5; O. H. Burnham (absent), District No. 6; F. K. Shattuck, District No. 7, took their seats on the 5th of October and commenced their labors. On November 2, 1874, the boundary line between Murray and Washington Townships was changed to be as follows: Commencing at a point where the line between Murray and Washington Townships crosses the Alameda Creek, running thence up the Alameda Creek to the junction of the Alameda Creek and the Arroyo Laguna; thence up the Calaveras Creek to the Arroyo Honda; thence up the Arroyo Honda to a point where it intersects the boundary line between Alameda and Santa Clara Counties; thence following the said boundary line west to Monument Peak; thence in a southwesterly direction following the line between the two counties to the Bay of San Francisco. During the year 1874 the elegant Court House, situated on Washington Square, Political History of the County. 271 on the west side of Broadway, between Fourth and Fifth Streets, was constructed of wood, brick, stone, and iron, at a cost of upwards of two hundred thousand dollars. It is a magnificent building, connected with which is ^ jail, complete in all its details, and a credit to the county. 1875. — The first item of official importance that may be mentioned for the year 187s, was the second appropriation of one hundred thousand dollars for the improve- ment of Oakland Harbor. This action of Congress was the signal for a general joy on the part of citizens, it being looked upon as an earnest of their intentions to pro- ceed with the work to its completion. In the month of February, the Newark Land Association was incorporated with the object of building up a manufacturing town on the shores of the bay, in Washington Township. On the 15th of March, permission was granted to the Livermore Spring Water Company to lay down water pipes in the public highways in and about that town; and, on the 29th of the same month, the Sheriff was granted permission to have the prisoners photographed. Under a new Road Law subdividing the original road districts into Road Revenue Districts and apportioning the Road Fund thereto, some trouble had arisen, for there were outstanding at the time of such subdivision warrants on the original districts for the payment of which no fund was provided. To meet this. May 3, 1875, Supervisor Burnham introduced a resolution, which was adopted, that all road moneys now in or that may come into the hands of the County Treasurer be apportioned to Oakland, Brooklyn, Eden, Washington, and Murray Townships, as the same were created by Act approved March 24, 1862, et seg., and that the County Treasurer pay all the indebtedness of said districts for which warrants have been drawn, and apportion the overplus to the newly created sub-districts. June 8, 1875, was proclaimed by the Board as the date when the new Court House, etc., should be occupied by the county officers. On June nth the Republican County Convention was held in Oakland, the assembly being called to order by George M. Finney, Chairmaji of the County Central Committee, and Thomas Eager, chosen temporary Chairman, A. W. Bishop, being Secretary. Confidence in the National Administration was declared, and appreciation of the services of Congressman Page was pronounced, while, delegates to the State Convention were appointed. This last was held in Sacramento, not long after, when Dr. Ezra S. Carr, received the nomination for the State Superintendency of Public Instruction, and F. K. Shattuck, for membership of the State Central Com- mittee. On the 19th of the same month, the Democrats held a Primary Election in Oakland, when two tickets were placed in the field and the largest vote ever poUgd at a Democratic primary cast. The Democratic County Convention was held on the 26th when the best harmony did not exist, a result which brought about the defeat of the Oakland delegation, who found their path to glory firmly opposed by nearly all of the county delegates, and thus lost control of the Convention. The true bone of contention was for seats in the State Convention, for which the Hon. Phil. A. Roach of San Francisco was being boldly pushed by his Irish admirers, but though defeated, a majority of the delegation selected favored the nomination of that gentleman, at the State Convention, on the first ballot. The election which followed was the first for iJ72 History of Alameda County, California. many years in which the Democrats had been successful. The Convention met in Union Hall, San Francisco, on June 29th, but no one from Alameda County received a nomination. Dr. Carr being left out in the cold. In this month too, the Independent County Convention held their session in Oakland and declared their principles to be reform in the administration of public affairs, the correction of local abuses, opposition to monopolies and the reconciliation of the North and South. On June 22d the Convention met at Sacramento when their platform was adopted, and General John Bidwell, of Chico, nominated for Governor, there being no one from Alameda County placed on the ticket issued by them. The meetings of the Conventions for the nom- inations of legislative and county officers, were held as follows: That of the Democrats on July 24th, at the Academy of Music on Fifth Street, Oakland, with James Beazell, at its head as State Senator; the Independents met on the same day in the City Hall, and named Henry Robinson, of Alameda, for State Senator, endorsed M. W. Dixon (Dsmocrat^ of Washington Township, for the Assembly, and added the names of Walter Blair, of Oakland, and Joseph Taylor, of Murray, On the 2d of August the Republican Convention held their meeting in the Academy of Music, with one hundred and fifteen delegates. Their ticket had at its head, E. B. Mastick, of Alameda, for State Senator, but this gentleman subsequently declined the nomination, when James W. Shanklin was nominated in his stead, and Messrs. John L. Beard, of Centreville, A. T. Coville, of San Leandro, and J. V B. Goodrich of Oakland, named for Members of Assembly. The Board of Supervisors met in the new Court House for the first time for the transaction of public business on Monday, June 14, 1875; the first session of the Third District Court commenced there on the 21st of the same month, while the County Court met there for the first time on the loth of July. On that day the Grand Jury made their report, and dealt thus severely with the completion of the new Court House: "In examining the proceedings of the Board of Supervisors, the jury were led to examine the contract for building the Court House, and found material as well as minor discrepancies between it and the building as completed, particularly as to the front steps. The contract calls for steps fifteen inches wide; speaking-tubes and whistles are called for between the Court-rooms and certain offices, while none are found. The jury concluded that the architect has been negligent in duty, and, to say the least, censurable, if not liable therefor; and that it was the duty of the Building Committee and Board of Supervisors, before accepting the building, to see that it was completed according to contract, and this they evidently did not do. The construction of the floors in the Supervisors' and Recorder's rooms is very faulty, and more pillars or other supports are needed under the floors. We con- sider it a great oversight, in a climate like this, in allowing the plastering to be put upon the brick, instead of furring the walls. The rooms are cold and damp, and, in consequence, the walls are nearly all discolored. The whole interior con- struction and arrangement of the building is, in our opinion, excellent; and the upholstering and furnishing, except in the Surveyor's office, tasteful; but, at the same time, unnecessarily expensive, and extravagant for county purposes." On the 7th of August, a committee of the Board of Supervisors, appointed to investigate the management and condition of the County Infirmary, reported that the «s mi 'v-tf • . m 'r- t '. ■ % **& .* i -■- r " ih 'I' Z^cAy / '/^ ^2>Z^ Political History of the County. 273 state of the establishment was entirely satisfactory, and there was but one head under which they could make complaint, and that was the habit, scientific though it was, indulged in by the physician, of preparing skeleton figures on the premises. This spectral practice they strongly condemned. On September 6,' 1875, Juana M, Estudillo presented a claim to the Board of Supervisors as follows: — For value of iron vault taken from old Court House at San Leandro $S,ooo oo For nine iron cells 8,000 00 Rent of premises from June 25 to January 25, 1875, ^t $15° per month 2,850 00 Rent from January 25 to August 25, 1875, at $100 per month 700 00 Damages to premises (Court House) 1, 500 00 Total $18,050 00 It may be mentioned that the vault referred to in the foregoing account was placed in the Court House to be used for storing the public funds, and figured also in the suit entered by F. Rhoda, the proprietor of the temporary county buildings in East Oakland. After being referred to the District Attorney, the Supervisors rejected the claim of the Senora Estudillo. On December 6th, Judge Nye appointed Valentine Alviso to the Board of Super- visors in place of James Beazell, who was elected to the Legislature, while, it may be stated that, in this year the taxable property of the county had grown to ten millions of dollars, thus putting it at the head of all the counties of the State, saving the single exception of San Francisco. 1876. — Besides being remarkable as the centenary of American Independence, the year 1876 is one full of interest to Alameda County. In it the city of Oakland was first partitioned into wards, while it saw the incorporation of the two towns of Haywards and Livermore. The construction of the sea-walls for the protection of Oakland Harbor entered upon its second year most auspiciously, while the dredging of the estuary of San Antonio and the reopening of the creek route was consum- mated. In it a protracted struggle was made by the Contra Costa Railroad Company for the right of way through Market Street, Oakland, to ship channel; it was in this year the Berkeley branch of the railroad from West Oakland was built and put in operation; the Central Pacific Company commenced the building of the Northern Railroad; the Southern Pacific Railroad to Los Angeles, with Oakland as its term- inus was completed, as was also the Alameda section of the South Pacific Coast Railroad. The Brooklyn and High Street Horse Railroad was put into operation, as well as the Piedmont Horse Railroad from Seventh Street, Oakland, to Mountain View Cemetery. On January 24, 1876, the Road Fund tax paid in by townships amounted to thirty-eight thousand two hundred and eighteen dollars and twenty-eight cents, which was ordered to be distributed among the several township districts. On the 21st of February, the City Council of Oakland requested a conference with the Board of Supervisors in the matter of repairing the Twelfth-street Bridge, which resulted in the Alameda Delegation in the Legislature being requested to obtain the passage of a bill authorizing the building of a solid causeway in the place of bridge, the cost 274 History of Alameda County, California. not to exceed twenty thousand dollars. On March 13th, the Board of Supervisors received a petition from the citizens of Ocean View Road District, asking for an issue of forty-four thousand dollars in township bonds for the purpose of macadam- izing their streets, under section two thousand .six- hundred and fifty-four of the Polit- ical Code, which was denied on the 29th of May, on the ground that it would inflict too great a burden of taxation on the people. On the 3d April, the County Treas- urer asked and received permission to transfer two hundred and forty-one dollars from Bounty Fund to Oakland Bar Bond Fund which would make said fund one thousand dollar^, and thus enable him to pay off No. 19 — the last bond of the Oakland Bar matter. On the same day Sheriff Morse presented a bill of two thousand five hun- dred and fifty-five dollars on account of livery furnished by himself for one year, which, on being considered by the Audit and Finance Committee, its rejection was recommended and ordered. The Republican County Convention assembled in Oakland on April 22, 1876, and appointed delegates to the State Convention at Sacramento for nomina- ting Presidential candidates and electors, while, on the 21st of May, the Democratic party held their Convention for the like purposes, and also elected a County Central Committee. On the 12th of that month a great anti-Chinese mass meeting was held in Oakland,' when a memorial to Congress praying for relief from the Mongolian incubus was adopted; and the first campaign meetings of the Republicans and Dem- ocrats were held respectively on June 19th and July iSth, their individual State Con- ventions being held in San Francisco on August 9th and July 26th. On the 8th of May a statement of funds in the Treasury was made consequent on the death of Joseph Becht, County Treasurer, which occurred in Oakland on the previous day. Mr. Becht was a steadfast member of the Democratic party, and enjoyed a well-earned popularity. Suitable resolutions of respect to his memory were spread upon the minutss of the Br)ard of Supervisors. The deceased gentleman was succeeded in his functions by Deputy County Treasurer, Charles E. Palmer, who had been the Republican candidate in opposition to Mr. Becht, at the general election. On May 29th the Hospital Committee presented a report which blamed the last Grand Jury for making various ill-timed and unwarranted suggestions in regard to the management of the institution, for spreading discontent among the employes, and for suggesting improvements which the Infirmary Fund would not admit of On the same day the Chairman of the Citizens' Anti-Chinese Meeting pre sented the fol- lowing resolutions adopted in mass meeting: — Whereas, By the great influx of Chinese into this city, and by the dirty and iilthy manner in which they keep their premises, they are endangering the health and Hves of our citizens; therefore, be it Resolved, That we, the citizens of Oakland in mass meeting assembled, hereby respectfully request the Hon- orable, the City Council of Oakland to pass an ordinance requiring each person who lodges in any room or house in this city to have as many cubic feet of fresh air in said room as is necessary to sustain life, and always to keep the said room in a good and healthy condition, and we most respectfully recommend that the number of cubic feet be at least five hundred or upwards in each room where any person sleeps. It was the spirit and intention of the meeting also that the authorities of the county be invited to co-operate and to that end requested the Board of Supervisors to also pass a similar cubic air ordinance so that it should apply to every city, town, Political History of the County. 275 and village in the county. What the Judiciary Committee did with the matter, we do not know, but on June 12th E. J. Kelly, the Chairman of the meeting mentioned above, presented a petition to the Board requesting that they pass an ordinance inflicting as part punishment upon all who are convicted of any offense by the author- ities of Alameda County that they shall have their hair cut off to within an inch of their scalp. This was a move evidently aimed at the Chinaman's "pig-tail," but such an action was subsequently declared by Judge Field as interfering with their religion, and therefore unconstitutional; but how the erudite justice learned this, we know not, for, in China, religions and sects are as common as native vices, and accord- ing to the criminal codes of the country, thieves and such like are by law deprived of their cues — the absence of that appendage marks the criminal and it is on that account that those Chinese who have aped western customs and costumes pretend that they do not desire to return to their native land. On the 27th November, 1876, permission was granted to the Berkeley Water Works Company to lay their pipes in certain streets; and, on the same date, W. F. Boardman, Assessor of Oakland Township, appeared with a statement of the affairs of his office showing great irregularity therein and asking for such action as would enable him to make a proper assessment for the next year. He set forth therein, that there is: First, a large amount of property unassessed; Second, a very long list to unknown owners; Third, property assessed to persons who never owned it; Fourth, property that is subdivided still assessed to the original owner; Fifth, great discrep- ancy in the relative value of property: Sixth", no index of blocks, plots, or tracts; Seventh, no proper maps of townships for the purpose of checking off the property to see that it is assessed. He suggested the proper remedies for all of these defects. But Supervisor Burnham stated that no action could be taken in the matter for the reason that Mr. Boardman was not eligible to the office when appointed thereto by the Board, and in consequence there was no legal Assessor of the township. Mr. Boardman stated his willingness to resign, but it was contended that he held no office to resign from. In order therefore to settle the matter the Clerk was directed to pro- cure the petitions presented by the various applicants on the 28th August, which, being all read, on motion of Supervisor Pumyea, the Board proceeded to the election of an Assessor, when Mr. Boardman was unanimously chosen, in the place of Edwin Hunt, who had been sentenced to two years' imprisonment in San Quentin. . On the 4th December, the new Board, elected November 7th, took their seats; and were composed as follows: Valentine Alviso, District No. i; Howard Overacker, District No. 2; Joseph B. Marlin, District No. 3; William C. Mason, District No. 4; Peter Pumyea, District No. 5; O. H. Burnham (Chairman), District No. 6; Jerry A. Chase, District No. 7. On the nth of December, certain additions to the County Infirmary were completed, and the bill of the contractor, J. W. Watson, and architect, J. J. Newsom, amounting in the aggregate to three thousand three hundred and sixty- five dollars' were accepted and allowed. 1877. — On January 2, 1877, Supervisor Alviso presented a deed for certain lots in Oak Knoll Cemetery, near Livermore, to Alameda County, which were contracted for when Mr. Beazell was a member of the Board of Supervisors. On the 8th of Jan- 276 History of Alameda County, California. uary, we find Dr. William Bolton appointed by the Board a Justice of the Peace for the city of Oakland, who, February 19th applied for "such statutes or books contain- ing the laws of California" as he may be entitled to. On the 5th of March the Dis- trict Attorney gave it as his opinion that Doctor Bolton was neither de facto, nor de jure a Justice of the Peace, for, the office being a municipal one, the Supervisors had no power to make such an appointment, consequently on the 19th, Doctor Bolton tendered his resignation, but was elected to the ofifice at the municipal election. On the 22d January, a franchi'se was granted to F. Chappellet for a horse railroad along Shat- tuck Avenue from the terminus of the Central Pacific Railroad at East Berkeley, to Cordoneces Creek. On February 2d, the Secretary of State impressed upon the Board of Supervisors the necessity under the statutes of having a set of standard weights and measures, at a cost of three hundred dollars. On February 5, 1877, the Central Pacific Railroad Company offered to pay three thousand eight hundred and six dollars and twenty-four cents in full of all taxes unpaid by them to the county of Alameda for the year 1872-73, it being understood that all suits against them should be discontinued. This matter was referred to the District Attorney, who, under date July 1 6th, consented to the plan provided it should receive the approval of the Attorney-General of the State, which it did, June 2, 1879, when all suits against the Central Pacific Railroad Company were ordered to be aban- doned. On the 24th of April, the Clerk was directed to communicate with the Board of Supervisors of Contra Costa County with a view to more definitely establishing the boundary line between the two counties, to which an affirmative reply was.received May 25, 1876. About this period Alameda Township had petitioned that the Webster- street Bridge being gver a navigable stream, should properly become a charge upon the county and that the township of Alameda should be relieved from the payment of the balance due thereon, amounting to thirteen thousand dollars, incurred under the Act approved April 4, 1872, but when referred to the Judiciary Committee they reported adversely to the proposition and there the matter rested for the time. In the month of June and immediately previous thereto, numerous applications had been made by paupers discharged from the hospital to have their expenses paid to whith- ersoever they wished to proceed, but on July i6th, on the recommendation of the Hospital Committee the practice was ordered to be discontinued. Owing to the absence of Supervisor Chase in the State of Maine, and his inability to return within the prescribed limits of his leave of absence, on September 29th he tendered his resignation, which was duly accepted, and on the same day J. B. Woolsey was appointed in his stead. On the 1st October, the Superintendent of Schools reported the number of census children between the ages of five and seventeen years of age in the county to be twelve thousand five hundred and forty-four, and that the school money required would be fifty-eight thousand dollars. On the 1st of October the reorganized Board of Supervisors, composed as follows: John Green, District No. i; H. Overacker, District No. 2; J. B. Marlin, District No. 3; William C. Mason, District No. 4; Peter Pumyea, District No. S; John F. Smith, District No. 6; J. B. Woolsey, District No. 7, had their first session, when, on the fourth ballot, Mr. Overacker was chosen Chairman. On the 22d of the same month a standing reward of one thousand dollars was offered for the arrest and conviction of any person Political History of the County. 277 or persons unlawfully setting fire to any property in Alameda County. On the 29th October Sextus Shearer claimed that at a judicial election, held on the 17th instant, he was elected Justice of the Peace for Oakland City, and requested a recount of the vote, which being granted it was found that he received seventeen votes in the Sec- ond Ward, four in the Third Ward, and one in the Fifth Ward, making in all twenty- two votes; he was therefore declared elected. A resolution that had been for some time before the Board was adopted, November 26th, authorizing the Oakland Rail- road Company to operate their road on Telegraph Avenue on the extension outside the city limits of Oakland with dummy engine in lieu of horses. On the 3d Decem- ber, the custom heretofore prevailing, of, drawing monthly warrants in favor of out- side indigents, was declared to be wrong, it was therefore directed to be discontinued, while it was commanded that thereafter all such matters should come before the Board at the regular monthly meetings in the form of bills, and take the usual course. On the 17th December, the Supervisors, by resolution, earnestly protested against the passage of a bill then pending in the Legislature, whereby the control of the Web- ster-street Bridge, Oakland, would be transferred to the county. In spite of this opposition, however, the Act was approved December 21, 1877. On December 12th, the Oakland Homeopathic Hospital and Dispensary Association set forth in a peti- tion to the Board that it is a corporation formed by the ladies of Alameda County for the purpose of affording free medical and surgical advice and treatment to the poor; that they proposed to establish a hospital and dispensary in the city of Oakland that would largely benefit the county and they asked the Board to furnish them two rooms free. A motion to allow the Society forty dollars per month was lost, and the petition referred to the Hospital Committee, who must have reported favorably on the matter, for, on February 11, 1878, that amount was granted for rent, the Super- visors retaining the privilege to send patients thither. 1878. — On the 22d January a special election was held to elect a State Senator in the place of Hon. Nathan Porter, deceased, which resulted in the election of the Workingmen's candidate, John W. Bones, with the following vote: John W. Bones, two thousand seven hundred and forty-seven votes; W. W. Crane, Jr., two thousand and sixty-four votes; J. B. Lamar, five hundred and seventy-seven votes; scattering, two votes. In regard to the establishment of another hospital and poor-farm, the committee appointed to report on the scheme, on January 28th, set forth reasons adverse to it, stating that they were furnishing aid to many parties outside of the Infirmary at much less rates than could be done inside. On the same date the maps prepared by Thompson & West were declared to be the official maps of the county. In the month of March the Board decided to adopt a new plan in the matter of the County Infirmary, and advertised for proposals for the care of the inmates at a stated per diem rate per head, the contractor to furnish medical attendance, medicines, nurses, food, etc. Five bids, ranging from sixty-four to forty-five cents, ^ere received on May 6th, but on the 1 5th the whole of these were rejected, the Supervisors con- cluding to continue the existing management. On the 27th of May a proclamation was issued calling for an election to be held throughout the State on June 19, 1878, to elect delegates to the Constitutional Convention, the number to be elected being 278 History of Alameda County, California. one hundred and fifty, of which number thirty-two were to be chosen "at large," of whom not more than eight should be from any one Congressional District. The dele- gates for Alameda County were : J. G. McCallum, J. V. Webster, William Van Voorhies, Daniel Inman, Alexander Campbell, Jr. On August 8th, a resolution introduced for building the new Hall of Records on Franklin Plaza was taken under advisement for two months. The School Superintendent reported, September 2d, that fifty thousand dollars would be necessary for his department at next tax levy; while, on the 4th, H. Dusterberry and F. F. Myers were elected Supervisors for Dis- tricts Number Two and Five respectively, thus making the new Board, when they took their seats on October 7, 1878, to consist of John Green, District No. i; Henry Dusterberry, District No. 2; J. B. Marlin, District No. 3; William C. Mason, District No. 4; Fred F. Myers, District No. S; John F. Smith, District No. 6; James B. Wool- sey. District No. 7. It would also appear as if the report of the last Grand Jury contained some charges reflecting upon the acts of the Honorable Board, for one of the members, under date October 21st, takes it upon himself to reply in a letter (which is spread upon the minutes) couched in language more forcible than grammatical, in which, among other matters, he states that he has been twice to Sacramento in the interests of the county and saved it thereby fifty thousand dollars, at a personal expense of one hundred and fourteen, which he was allowed to bear. "I have never," he says, "received one dollar for my services, but the abuse of the Grand Jury in payment for same." Under date November 4th, we find Robert Stephenson, of Brooklyn, com- plaining to the august Board that a negro baby, only a few days old, had been left at his residence a short time ago, and as he did not want it, he requested that the Supervisors would relieve him from this deeply-colored practical joke. The subject was referred to Mr. Mason with power to act, but what he did in the premises the records do not divulge. In the Financial Report filed on this date, we find that the — ■ Value of County Real Estate and Improvements was $39, 105,894 00 Value of County Personalty 3>7i6,983 00 Giving a total of $42,822,877 00 On the 2d of December the Board of Supervisors passed the following resolu- tion : — Resolved, That commencing January i, 1879, this Board will grant no further relief to those indigents now dependent upon the county and receiving aid, nor to any others who may apply at any time thereafter for the payment of rent, or for groceries, or fuel, as all the dependent poor of the county will then and thereafter be required to go to the County Infirmary, and no outside relief will be granted, except in extraordinary cases, and then only by a vote of the entire Board. On the 23d December a proposition to suspend action of the above resolution until after the additions to the County Infirmary were completed, or the Alms House built, was defeated. Ere closing the events of the year 1878 we will introduce the reader to a short sketch of the rise and fall of the Workingmen's Party, that political organization that flashed upon California for a short time and after an erratic course of about two years, as suddenly was interdicted by the better thinking portion of the community. Com- munism was slain and law and order prevailed. Political History of the County. i7!) For several years previous to the creation of the Workingmen's Party as a political organization, there had been more or less agitation of the Chinese question, and the competition of Mongolian with white labor. The steady influx of Coolies from China, the employment of this cheap labor by manufacturing firms, and the consequent driving out of white laborers from many of the branches of mechanical employment, aroused the working classes to the highest pitch of resentment. Early in 1877, Dennis Kearney, an Irish draymen of San Francisco, commenced holding public meetings on the vacant lots near the New City Hall in San Francisco — since known throughout the length and breadth of the land as the Sand Lot — and in his vulgar, declamatory harangues, worked upon the worst passions of the ignorant mul- titude, denouncing all men of wealth, and preaching the extreme doctrines of com- munism. Others, who saw a chance for political preferment by catering to the evil passions of the mob, followed in the wake of Kearney, holding outdoor meetings all over the State. Clubs were formed, and out of these sprang the Workingmen's Party. The bold times of 1877-78 helped forward the communistic organization, and to its ranks flocked all of the hoodlum and criminal elements of the State. They became the terror of San Francisco and Oakland, threatening to burn and destroy the property of the rich, and seize upon the Government by force. The result was that Capitalists refused to invest; all improvements came to a stand-still; thousands of other workmen were thrown out of employment and joined the hooting rabble. . Then came the demands for a new Constitution — a Constitution that would cinch Capital, and force those who had something to divide with those who had nothing. One or two papers of the sensational class joined in this insane movement, and the result was that the Democrats and Workingmen of the Legislature of 1877-78 passed an Act calling a Constitutional Convention, the election of delegates to which should take place on the third Wednesday in June, 1878; the Convention to meet on the 28th of September, 1878. To save the State from the communists. Republicans and the better class of Demo- crats united upon non-partisan tickets in most of the counties of the State, and thus elected a majority of the Convention. But a large minority of the people of the State were utterly opposed to the whole programme of the New Constitution, believing the Old Constitution answered all purposes — and especially were they opposed to any change, at that time, when communism ran rampant throughout the State. The Convention met, framed the present Constitution, and appealed for a vote of the people on its adoption the succeeding May. The time of the election came, and the party called the "New Constitution Party," headed by the San Francisco Chronicle, united with the Workingmen's Party, and carried the day, adopting the new instrument by a small majority. Alameda County gave a majority of two thousand against the new organic Act. The first election under the New Constitution occurred in September, 1879. Three candidates for Governor took the field. The Republicans nominated Hon. Geo. C. Perkins; the Democrats and New Constitution Party put up Dr. Hugh Glenn, and the Workingmen's Party nominated William White, a farmer of Santa Cruz County. During this canvass, one of the fiercest ever waged in the State, the difficulty occurred between Charles De Young, proprietor of the San Francisco Chronicle, and I. S. Kalloch, the Baptist minister, who had joined the Sand-lot crowd, and was nom- 280 History of Alameda County, California. inated by that party for Mayor. The result of this personal warfare was the shoot- ing of Kalloch by De Young, from which Kalloch recovered, and was elected Mayor; and afterwards the assassination of De Young, in his own office, by I. M. Kalloch, son of the Mayor, and also a Baptist minister. The Republicans gaining control of the State Government, the years 1879 and 1880 beirtg prosperous, and there being plenty of work for all who wanted it, the Sand-lot Party gradually«died out; and the large majority finally went back to the Democratic party in the Presidential election of 1880, from which it had cut loose during the exciting period of over two years. Even Oakland succumbed fd'Sand-lotVule for two years — the Workingmen electing their Mayor in 1878 and 1879 — ^" 1878 electing not only their candidate for Mayor, but Police Judge and City Attorney, and in 1879, the Mayor, two members of the City Council, and two mem- bers of the Board of Education. Very little is left of the party to-day — like a mush- room, it sprang up in a night, and vanished as suddenly. 1879. — The first item of interest in the year 1879 that we may record is the appointment of Col. E. M. Gibson to the position of District Attorney, upon the resignation of Henry Vrooman, who, on retiring, received the highest encomiums from the Board of Supervisors. On the 28th of April, Supervisor Smith offered a motion, which was adopted, viz.: That proper ballot boxes be supplied to all election precincts requiring them, the reason for this action being the impending election on May 7th for the adoption or rejection of the New Constitution, and the fear that the soap and candle boxes in use in some of the precincts of the county were not as secure as the more legitimate receptacles for votes. The result of the election mentioned above, in Alameda County, was: — For the New Constitution 4,054 Against the New Constitution 6,054 Majority against adoption 2, 000 On the 2d July, the order made allowing forty dollars per month to the Oakland Homeopathic Dispensary was rescinded, and, on the 24th, District Attorney Gibson gave it as his opinion that the election of Supervisors in September was in no wise affected by the New "Constitution. Now came the election on the 3d September to test the feeling of the people on the subject of Chinese Immigration, which resulted as follows: — For Chinese Immigration 65 Against Chinese Immigration 9i40i Majority against Chinese Immigration 91336 On the 22d September the county treasury contained a cash balance of eighty thousand one hundred and fifty-nine dollars and forty-eight cents ; while, on the same day, the Superintendent of Schools reported the number of school children in the county, who draw money, to be fifteen thousand and twenty, and the amount re- quired fifty thousand dollars. The Board also on this date ordered the Court House to be decorated and county offices closed on Thursday, the 25 th September, and the Political History of the County. 281 day be observed as a holiday in honor of General Grant, who was to be given a recep- tion in Oakland on that day. On this date, besides, the Board recorded its opinion that the Supervisors-elect from the Third, Fourth and Seventh Districts do not take their seats until the first Monday of March, 1880. While upon the subject of Supervisors' terms of office it may be mentioned that the Code declares the term of office of a Supervisor to be three years, but is silent in regard to the commencement of the term. It had been the custom in Alameda County for Supervisors to assume their office on the first Monday of the month fol- lowing their election. On the first Monday of October, 1879, the Supervisors elect expected to take their seats, but it so happened that those gentlemen whose terms were supposed to expire on that day need not actually relinquish their offices until the first Monday of December, as they were elected at the Presidential election of 1876, and assumed their office on the first Monday of the following month, which was December. Messrs. Chase, Marlin and Mason were elected in 1876, and in Septem- ber, 1877, Mr. Chase resigned and J. B. Woolsey was appointed to fill the unexpired term. If the election of Supervisors in November, 1876, was legal, the terms of those then elected, it was argued, did not expire until December, [879; therefore, to ascer- tain the custom of several counties in this respect, the Clerk of the Board communi- cated with those holding the like positions in San Joaquin, Contra Costa, Solano, Napa, and Sonoma Counties, to which he received replies stating the invariable custom was that the Supervisors took their seats at the first regular session after election. Mr. Marlin had been re-elected, therefore it made no difference to him when his term commenced. On the 6th of October, Mr. Clement, Supervisor elect from the Fourth District, appeared before the Board and made a formal demand for his seat, stating that there existed a difference of opinion among lawyers as to the proper date for the assumption of office, but he did so then under the advice of his attorney. Mr. Mason stated his willingness to give up his seat at any time. On the 1st of December W. S. McClane, Supervisor elect from the Seventh District, appeared before the Board, presented his certificate of election, and demanded his seat, but the subject was referred to the District Attorney, and must have been settled, for on Decem- ber 8th, the new Board organized and consisted of: John Green, District No. i ; Henry Dusterberry, District No. 2; J. B. Marlin, District No. 3; W. B. Clement, District No. 4; Fred. F. Myers, District No. 5; John F. Smith, District No. 6; W. S. McClane, District No. 7. On October 20th Mr. DeLacy and others petitioned for permission to erect blasting powder works at Damon's Landing, Brooklyn Township,' but the prayer, after considerable discussion, was denied on the 19th of November. On the loth of November the South Pacific Coast Railroad Bridge over Alameda Creek, at the sugar mill near Alvarado, about which complaint had been made, was declared an obstruction, the company being directed to remodel the same. On the 19th of the same month, however. President Davis, of the Company, appeared in response to the above and stated that the bridge was built solely for the benefit of the Sugar Company, and that he was willing to remodel the same if necessary. He also asked for time enough to be given in order to make a practical test as to its being an olistruction. Therefore the order of the Board was modified. 19 282 History of Alameda County, California. On November 24th, 1879, the President of the Bay and Coast Narrow Gauge (South Pacific Coast) Railroad Company made an informal request to the Board to relinquish to him the Webster-street Bridge to be used as a crossing for his rail- road, he agreeing to perform certain things as recompense. The matter was referred to the District Attorney, who, in a lengthy report, dated December 8th, advised the Board that it had no authority of law to grant the request. On the same day an injunction was issued out of the Twelfth District Court of the City and County of San Francisco against the Board of Supervisors restraining them from granting any such privilege to any person. Messrs. Greathouse and Blanding, attorneys, offered their services free to the Board in the matter and were authorized to appear as the Attorneys of the Board in conjunction with the District Attorney, before the Court above named and take steps to have the injunction dissolved at once. The Board states that it "does not propose to act hastily or unjustly in the matter," but to exer- cise due discretion and judgment, etc. The proposition of Mr. Davis was thereupon referred to a Committee of the Whole to report in future. This they did December 22d, as follows: — The Committee of the Whole, to whom was referred the application of Alfred E. Davis asking that this Board, in whom is invested by law the power to control the Webster-street Bridge across the Estuary of San Antonio and regulate its use, shall transfer and set over to the use and benefit of himself and assigns for the period of fifty years, respectfully report, that we have carefully considered said application and would recommend that the use of said bridge be transferred to said A. E. Davis and his assigns subject to the conditions set forth in the accompanying resolutions. Respectfully submitted, J. F. Smith, Jos. B. Marlin, W. S. McClane. F. F. Myers. W. B. Clement, Th^ motion to adopt was opposed by Supervisor Green, who stated that under the rules the matter should lie over for thirty days, and moved that the subject be referred to the Franchise Committee. Mr. Dusterberry said that he could not clearly under- stand why there should be haste in the matter, "whereupon the following dispatch is read":— " San Francisco, December 22, 1879. "To John F. Smith, President Board of Supervisors — Alameda County Court House. "Records show no application to amend without prejudice to injunction in suit of Meetz vs. County. No new bond filed since amendment. Wm. a. Stuart, County Clerk.'' Mr. Green's motion to refer to Committee, meeting with no second, the motion to adopt the report of the Committee of the Whole was carried unanimously. The fol- lowing were then presented, viz.: — " Resolved, 1st. The right and privilege is hereby granted to Alfred E. Davis and his assigns to maintain and operate a railroad over and along the bridge known as the Webster-street Bridge across the Estuary of San Antonio in Alameda County, and the approaclies thereto, such railroad to be a single or double track railroad, and the cars thereon to be propelled by steain or horse-power, such right to commence upon the passage of this order, and to continue for a period of twenty-five years. "2nd. Said Davis and his assigns shall, before they operate such railroad, repair and strengthen or reconstruct such bridge under the control, management, direction, and supervision of the Board of Supervisors of Alameda County, so that the use of the same for a public bridge and the lawful uses of the public may not be impaired. Political History of the County. 283 The costs of such repairing, strengthening, or reconstruction to be paid by said Davis and his assigns, work on such bridge to be commenced within one year from the passage of this order, and to be prosecuted without unreasonable delay. "3d. Said Davis and his assigns shall also, so long as he or they operate said railroad over such bridge, pay the cost of keeping such bridge in repair, except that he or they shall not be required to keep the floor of such bridge in repair, and he and they shall also, during such time, pay into the General Fund of Alameda County an amount equal to the salary, not exceeding one hundred dollars per month, which may be paid by the Board of Supervisors or the County of Alameda, to the said draw-bridge tender, such payment to commence on demand from said Board, and to be paid every three months thereafter. "4th. Nothing herein contained shall be construed as impairing the right of the Board of Supervisors to regulate and control said bridge and approaches." Mr. Myers then moved that the rules be suspended in order that said resolutions should be considered, which was so ordered. Mr. Clement thereupon moved that the above resolutions be adopted, a motion that was carried by the following vote: Ayes — Messrs. Clement, Dusterberry, Green, Marlin, McClane, Myer.s, and Smith; Noes — None. Some other business having been transacted, Mr. Green then made the state- ment that he had voted with the "majority" (sic) for the purpose of moving a recon- sideration of the action; he therefore made a motion to the effect that the said action so taken be reconsidered in order that he may be placed upon the record as voting " No." The proposition meeting with no second, the Chair ruled that it could not be entertained, and there being no appeal from the decision of the Chair, on motion of Supervisor Clement that the request of Mr. Green to have hi ■ name appear upon the record as voting "No," be granted, was so ordered. 1880. — On February 28, 1880, water rates were established under provisions of Section fourteen of the New Constitution for the following which were named as the water companies of the county: The Contra Costa Water Company, the Mission San Josd Water Works Company, the Livermore Spring Water Company at Livermore, and the Washington and Murray Townships Water Company in Washington Town- Ship. The Board decided that the same rates be established as were charged by these companies during the past year, the scale to commence on July ist. -On the 28th of February, complimentary resolutions were passed upon the retirement of Eben C. Farley, Deputy County Clerk, and Clerk to the Board of Supervisors. Under the provisions of the Act approved April 7, i88o, authorizing the appointment of a Board of Education, on April 19th, O. S. Ingham, Joseph McKeown, A. L, Fuller, and W. H. Galbraith were chosen to fill the offices, their salaries being fixed at five dollars per day for the time necessarily employed, and twenty cents allowed for mileage in going to their place of business. Under a resolution directing the Clerk to furnish to the Board "the number, denomination, and amount of all bonds issued show- ing the date of issue, to whom issued, in accordance with section four of the statutes of 1869-70, page 297," which reads: ".It shall be the duty of the said Auditor to keep a record of the number, denomination, and amount of all bonds issued, showing the date of the issue, to whom issued, and the number of each coupon to each particular bond," and also, the Act to provide for the building of a bridge and roadway across the estuary of San Antonio, etc. On April 26th the Clerk reported that he had examined one of said bonds, and found that they are 284 History of Alameda County, California. "payable ten years from date to the holder," and hence there were no means of ascertaining to whom they were isssued. They were dated and issued as follows: — DESCRIPTION. NUMBERED. VALUE. DATE. AMOUNT. First Lot I @ 15 inclusive. .-. . . . 16 @ 30 inclusive 31 @ 36 inclusive 37 @ 40 inclusive $500 00 each 500 00 each 500 00 each 500 00 each Aupust 12 18^0 $ 7,500 00 7,500 00 3,000 00 2,000 00 Second Lot Third Lot Fourth Lot September 12, 1870 November 1 1, 1870 Aueust 2^, 1871 $20,000 00 Pursuant to the resolution just mentioned, on June 14, 1880, the County Treasurer made the following statement of the outstanding indebtedness of the County: — Outstanding Warrants on General Fund Outstanding Warrants on Infirmary Fund Outstanding Warrants on District Road Fund. Interest on above warrants Total . Claims allowed and not yet drawn by Auditor about NILES BRIDGE BONDS. Thirty in number; I500 each, issued August 5, 1872; ten per cent, interest; semi-annu- ally; ten years to run; redeemable after five years at option of Board of Supervis- ors. Statutes 1871-72, p. 206 WEBSTER-STREET BRIDGE BONDS. Four outstanding; annual interest, ten per cent.; Statutes 1871-72, p. 83; also Minutes of Board of Supervisors, Vol. 3, p. 589; also Statutes 1877-78, p. 942 COUNTY BUILDING BONDS. Two hundred in number; $1,000 each; issued July 6, 1874; interest ten percent.; semi-annually; one-tenth of said bonds due in 1885, and one-tenth each year thereafter until all paid. Statutes 1873-74, P- 594 $52,457 13 9.457 03 8,875 89 882 50 $71,672 55 3,000 00 $15,000 00 $ 8,444 66 200,000 00 $223,444 66 On June i, 1880, the Board issued orders to have prisoners confined in the County Jail made to perform eight hours work daily in and about public buildings, roads and highways, under Section one thousand six hundred and thirteen of the Political Code. On June 14th, a resolution consolidating the offices of County Clerk and Recorder, Tax Collector and Treasurer, on and after July ist, was referred to a Committee of the Whole. The salaries of deputies of each county and township officer were fixed at one hundred and twenty-five dollars per month, June 21st; while, the Building Committee having had under advisement the advisability of establishing a Receiving Hospital in Oakland, on June 21st reported favorably to the scheme, which on being adopted was handed over to the Hospital Committee, who, at the following meeting of the Boards recommended the fitting up of rooms in the basement of the new Hall of Records. On July 19th, a resolution to fund thei debt and issue bonds therefor was referred to a Committee of the Whole, but the matter fell through on account of the County Government Bill being declared unconstitutional by the Supreme Court. On the same date the county was re- partitioned into Supervisor Districts under Section four thousand and twenty- five of the Act of 1879-80, the same districts being re-established with the boundaries heretofore designated. On July 31st the Board Political History of the County. 285 f adopted a seal; and a communication was received from Sidney Sanders, attorney, setting forth that James M. Goggins owns six-thirty-sixths undivided interest in Washington and Franklin Squares in the city of Oakland, and wished to know what action the Supervisors would take in the premises. The document was " laid on the table." .Under date the 15th October, J. J. Hanifin, Supervisor elect from the Sixth District, appeared with his certificate of election and claimed his seat. Mr. Smith, the incumbent, declined to give it up, stating that the election of a Super- visor in that district was illegal. After an adjournment for consideration, Mr. Smith, in a communication to the Board, desired that Mr. Hanifin be allowed to take the seat of the Supervisor for the Sixth District, reserving to himself the right to resume it in case the Supreme Court should hold the election illegal. Mr. Myers was then called to the Chair, while Mr. Smith introduced Mr. Hanifin as his successor; after which the Board then re-organized as follows: John Green, District No. i; Henry Dusterberry, District No. 2; J. B. Marlin, District No. 3; W. B. Clement, District No. 4; F. F. Myers, District No. 5; J. J. Hanifin, District No. 6; W. S. McClane, District No. 7. Mr. Dusterberry was unanimously chosen Chairman. 1881. — On January 10, 1881, a resolution introduced by Supervisor Hanifin was adopted that the Clerk of the Board immediately indorse upon every bill or account allowed the fact of such allowance, the amount ordered paid, the date of such action, and sign his name thereto at the time; also, that all bills allowed be signed by at least two members of the Auditing Committee. On the 21st a former order offering a thou- sand dollars reward in the matter of incendiarism was rescinded. On May 9th, the Central Pacific Railroad Company were called upon to render less dangerous their crossings on public roads. The Northern Railway having been assessed by the State Board of Equalization at one million, five hundred and forty-three thousand and fifty dollars, the proportion allotted to Alameda County was ninety-two thousand four hundred and seventy- five dollars; that of the Central Pacific Railroad, was fifteen millions, fifty-five thousand, five hundred dollars, and the county proportion, two mil- lions, eighty-eight thousand dollars. July Sth, the School Superintendent reported, as per census, fifteen thousand six hundred and seventy-seven children between the ages of five and seventeen years, eight thousand two hundred and forty-two of whom were in Oakland Township. On September 6th, the California and Nevada Railroad Company were authorized to build their road on Adeline Street from its junction with Spring Street, northerly to its junction with Lowell Street, produced southerly to Adeline Street. On the 19th of the same month. County Treasurer Palmer resigned to take the position of Cashier of the Union Bank, when complimentary resolutions were passed, spread upon the minutes, and J. A. Webster appointed in his stead. On the 26th September, the proper condolatory resolutions were passed on the death of President Garfield; while, on October 31st, the County Board of Horticultural Com- missioners were appointed as follows: A. D. Pryal, A. P. Crane, and Martin Menden- hall, who were to receive four dollars per day while actually on duty, but no member would be permitted to charge for more than thirty days during the year. On Novem- ber 2 1st, the Committee of the Whole report adversely as to crossing Webster-street Bridge with horse railroad, signed by Supervisors Dusterberry, Marlin, Green, Mc- 286 History of Alameda County, California. Clane. A minority report by Supervisor Hanifin favoring the scheme, which had to give way to the majority report, the only votes in the negative being those of Messrs. Clement and Hanifin. On December 5th, a communication was received from C. O. Rockwell expressing Mrs. Garfield's "grateful acknowledgments for the resolutions of the Board of Supervisors." 1882. — On January 3, 1882, D. C. Brown having presented his certificate of elec- tion as Supervisor elect from Fifth District, Supervisor Hanifin proposed that Mr. Brown's name be called by the Clerk on all questions and that the Board recog- nize the prima facie right of that gentleman to a seat at the Board. The subject was, however, laid over to enable Mr. Myers, the incumbent of the contested seat, to have legal counsel. On the 4th, Mr. Brown again demanded to have his name called at roll call, when he was informed by Chairman Dusterberry that the matter was a pri- vate one between him and Mr. Myers to be adjudicated by the Courts. Again on the i6th the same demand was made by Mr. Brown, and finally he made his appear- ance with an appointment signed by Judges Crane and Hamilton, whereupon Super- visor Hanifin introduced a resolution that his name be called and his vote recorded, which was adopted by a full Board, Mr. Myers voting " No," and Mr. Green declining to vote; the Board then reorganized with Mr. Brown seated. The members were: John Green, District No. i; Henry Dusterberry, District No. 2; J. B. Marlin, District No. 3; W. B. Clement, District No. 4; Dudley C. Brown (vice Myers term expired). District No. 5; J. J. Hanifin, District No. 6; W. S. McClane, District No. 7. Mr. Clement being Chairman. The chief matter of political interest that happened in the county of Alameda during the year 1882, is indubitably what has been termed the Democratic wave whose swell first rolling up large majorities in the cis-Atlantic States broke upon the Pacific Coast, carrying everything before it. It is not our province to enter into the causes of this wonderful reaction in politics, suffice it to say that' feelings ran high, and the Banner Republican county, Alameda, was appalled at the havoc made in her ranks. -The election of 1882 will long be remembered. In closing this chapter we will call the attention of our readers to the tables here- with appended. In the first will be found a list of the taxes levied since the formation of the county, exclusive of the poll-tax, while in the second we have handed to pos- terity a list of all the officers who have served the county, from State Senator to Constable, with the votes received by each, and the dates upon which they were elected; also notes showing the appointments made by the Courts of Sessions, and Boards of Supervisors between each general election. This table is as complete as it is possible to make it, and all records of the county have been thoroughly searched for the purpose of having it perfect and reliable, while it is with no little degree of pride that we present to our patrons the result of our labors, feeling assured it will be well appreciated by all who may have occasion to refer to it. Political History of the County. 287 " 2 September, 22 October, 4 *' 2 May, z August, 4 February, 26 28 iune, 7 'ebruary, 2 28 March, z May.s February, 23 23 " 2?::::::::: March, 3 " 28 " 10 " '4 • 13 " 6 1 cr. oooooaooooooooooaioo'/joooooooooocaoaoocioosoooooooooooooooooooo » IH VO 00-J OlUl *■ OJ » M CX3-4 ChUl *OJIOMMO\OCOCO 00"^ CM/< *■ ■ MM- : : , ^ pun^ 3ms '°A MM(JjMHHI0MMWMUlMM»MtjJ'f>.-k-^,'UtUt6lUi: '. l^UtUlUiUl u)tnoocoMonk.-..40ooiHM»ujoooo> cooo- : 00000 pun^ IBjau3£) A}uno3 iomOm!oSh*S'S-?OOiu{o(JiOo'ooO' OOtnwi'. 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Sdpid I S s • . . . flj-C js si o o o o o o o !z;^;:zi;zi^;:z;:zi « S: : : - : : E - G r- c .; .ti " H H H H c lU d J- J3 ti ^ "^ "^ 2 «5o 3S^Se=;^oo^ i^.EO 5 a t>. p. - .,1; rt S « o, P. o. a o. a H H 2= 3= < OPQ m ^ - fe^ „ _•; ^-S|3K;^c3S|HHcg ind, a, -a ^ n fH H H H H H .3 (355. a 5 SjmStOjQ g ao^^ifc|j>j Sp; id I g<^ Vote. T3T3 . S S " ■ U « 4) C 4J . 3J u C C g'S.E'5, >■■«■« SK.; £ E o5 ui -dMT3 J" rt S . c . c Bj:x _ 4I-0 C C ii o 5.0 ^00 3 QJ tn5_ tnl5 6 6 6 6 6 d^ v.. = :::::: E" f -f -n-="^S ■S.Eii«pa>;| e-ill'sy-gi c:: ^ a Oi a H H H 2 - fto "p 'J*\^ t**^? Me;?cican Grants. 305 grant, but insists that a measurement shall first be made, and then that Romero and Soto shall appear before him, evidently with the view of determining the rights of the latter. The subsequent proceedings, as shown by documents exhibited by the claimants, confirm this view. On the isth of January, 1847, Romero and Garcia, the present claimants, appeared before John Burton, the Alcalde of San Jose, and executed a paper in the presence of the Alcalde and two witnesses, reciting a sale by Romero to Garcia of one-half of the land, and stipulating that both parties should remain subject to the final result, " if the Governor grant it in ownership." And if the contrary should be "the case, then Garcia should lose equally with Romero, without any right to reclaim the consideration paid." This paper is signed by the parties, the Alcalde, and the witnesses. On the 28th of May, 1847, Josd Romero addressed a petition to John Burton, Alcalde of San Jos^, .representing that, as early as 1844, an order from the former Governor had been sent to the Alcalde's Court requiring a measurement of the land called "Juntas;" that such measurement had not yet been made. He therefore solicits the Alcalde to give him a testimonial of the reports, which, in the year 1844, were sent to the Government, so " that we can be granted said land." The Alcalde in a marginal order directs that the lands should be measured according to the original order of the Supreme Government. In the margin of the order transmitted by Jimeno, under date of March 23, 1844, the Alcalde writes: "Be it done accordingly on the 9th of April, 1847. The interested parties will proceed to take possession of the menti ■•ned land according to the order of the Governor. I further order, that in case any bordering land-owner demand it, a measurement of his land be ordered. John Burton, J. P." It appears, moreover, that about two months before the date of their last petition, viz.: on the 31st of March, 1847, Jos^ Romero had addressed a peti- tion to the same Alcalde, representing that some years before he had solicited a piece of land in the Cailada de San Ramon, and bordering upon lands of Don M. Castro, and that His Excellency had ordered the lands of Castro to be measured, which had never been done. The petitioners further stated that tiiey were two brothers, with a numerous family, and were without any piece of land whatever to raise cattle; they therefore begged the Alcalde to provide for them as soon as possible, that they might retain and locate their stock. The Alcalde on the Sth of April orders that the fulfill- ment of the superior order should be at once proceeded to. The entry in the mar- ginal order transmitted by Jimeno was made on the Romeros' petition of the 23d of March, and not on that of the 28th of May, above referred to; for it directs the meas- urement to be proceeded to on the 9th of April. And, finally, on the 27th of Decem- ber, 1847, K. H. Dimmick, then Alcalde, makes an order in which, after reciting that disputes as to the boundaries existed between the Romeros and Domingo Peralta, he directs that the boundaries be established and adjusted in the manner specified in the order of the Governor, dated 23d of March, 1844. I have stated the contents of these various documents with some particularity, because an attempt has been made since the rejection of the claim by the Board, to show by parol evidence that a final grant issued to the Romeros, which has been lost. We have seen that the last document in the expediente is the order of the Governor of the 23d of March, 1844, adopting Jimeno's recommendation .that a measurement should be made before issuing the final •SOS History of Alameda Coui^fTY, California. grant, or even a provisional one, as solicited by Romero; and even then it does not seem that the grant was certainly to be made, for Romero and Soto were to "present themselves," evidently for the purpose of enabling the Governor to ascertain their respective rights. Nothing further seems to have been done, either by the Government or the petitioners, until 1 847 On the 3 1 st of March of that year we find the Romeros representing to the Alcalde that the Governor had some years before ordered the land to be measured, which had not been done; and that they were without any piece of land whatever, and they begged the Alcalde to provide for them. The Alcalde there- upon directs that the superior order of Marcli 23, 1844, be proceeded to. On the 28th of May, 1 847, the Romeros again petition the Alcalde, representing that as early as 1844, the Governor had sent to the Alcalde's Court an order requiring a measurement of the land; they therefore ask a testimonial of the reports and orders in his office, " so that we may be granted the land!' The Alcalde again directs the superior order of March 23, 1844, to be complied with, and on the following day a declaration is made before the Alcalde by Antonio M. Pico, that Don J. Moraga and Don L. Pacheco, the colindantes, had declared that for their parts the surplus of land which does not belong to them '' could be granted to the Romeros." And, finally, the deed from Romero to Garcia of January 15, 1847, expressly stipulates that both the parties to it should remain subject to the final result, '^ if the Governor grant it in ownership, and if the contrary should be the case, then Garcia should lose equally with Romero without reclamation." These documents appear to me to establish beyond doubt that all action of the Government on the application of the Romeros terminated with the order of.March 23, 1844, directing the measurement as an indispensable preliminary to a grant, either final or provisional. That during the year 1847, the petitioners made several attempts to have that measurement effected, but apparently without success; and that up to December, 1847, neither they nor any one else pretended that the order of March 23, 1844, was not the last Act of the Government in the premises. The parol testimony offered to prove that a grant issued will be briefly adverted to. C. Brown swears that the Romeros have lived on the rancho since 1840, and that he always understood they had a grant. He does not pretend to have seen it. James M. Tice swears that he has searched for the title-papers, but has been unable to find them. J. J. P. Mesa saw a bundle of papers in Romero's hands on his return from Monterey, in 1844. The bundle was not opened, but Romero said they were his title- papers. He subsequently saw Micheltorena's order for the measurement of the land. He does not pretend to have seen any grant. It is to be observed that Mesa was examined before the Board, and did not mention this circumstance; and that he can neither read nor write., Inocencio Romero, who disclaims any present interest in the land, swears that he had a grant; that he gave it to Mr. Tingley to be presented to the Board, and that since then he has not seen it. He' also states that the grant was made by Micheltorena a short time after he arrived in the country, and that Area, who was then his Secretary, delivered it to him. The expediente, however, shows that Jimeno was the Secretary, at least until March 23, 1844. And as it is clear that at that date the grant was suspended until a measurement should be made, the title- papers seen by Mesa in the hands of Romero on his return from Monterey in 1844, must have been the papers now produced. Mexican Giiants. 307 The testimony of Mr. G. B Tingley is the only evidence in the cause which approaches proof that a grant issued. This witness swears that on the trial of a suit between Domingo Peralta and the Romeros, a grant from Micheltorena to the latter was produced in evidence; that the petition was for a sobrante; that the signatures were genuine; and that one Sanford took the papers, and he has never seen them since. On his cross-examination he states that the papers produced were the original petition, and the marginal order of reference an information signed by A. M. Pico, then a decree of concession, and final a title in form, with a condition that the grant should not interfere with the adjoining grants. If these papers were produced, they must all, with the exception of the grant, have been procured from the archives, for the petition, the informes, and the decree of concession form part of the expediente which remains on file. That expediente is in evidence in this cause, and contains no decree of concession whatever, nor any draft or "borrador" of the formal title delivered to the party, as is almost invariably the case where such a document issued; on the contrary, the last order of the Governor, in effect, refuses, as we have seen, to grant the petition for even a provisional title until a measurement was made, which clearly was not done until after December, 1847, if at all. Besides, if all these papers were produced from the archives and were delivered to Sanford, how does it happen that only a part of them were restored to the archives, and are now produced? ]os6 ■ Ramon Mesa, a witness produced on the part ot the United States, testifies that he was present at the trial of the suit referred to by Mr. Tingley; that no formal title was produced by the Romeros, but only a provisional license to occupy, subject to the boundaries of the neighboring proprietors, during the pendency of the proceedings to obtain a title. The witness further swore that he heard Inocencio Romero state to Domingo Peralta, in reply to an inquiry as to what title he had, that he had no title; and that he had intended to take steps to get one, but that all he had was a "provis- ional license." This provisional license is in all probability the order made by John Burton, Justice of the Jeace, in April, 1847, on the margin of the Governor's order of March 23, 1844, for the measurement of the land, and was in compliance with Romero's petition to him of the 3 ist of March, 1847. The Justice of the Peace directs that "the interested party will proceed to take possession of the land, according to the order of the Government," etc. As a copy of Jimeno's order, with this marginal entry of Burton's, appears to have been furnished to Romero, and by him sent to Garcia, it is in all probability the "license" referred to. It will not be pretended that any rights could be conferred by such an order of an American Justice of the Peace in April, 1847. The record of the suit between; Peralta and the Romeros has been produced. It contains no evidence whatever even tending to show that a grant was produced at the trial. Antonio M. Pico, a witness produced by the claimants, swears that he received an order from the Governor to put the coterminous neighbors, Pacheco and Moraga, into possession of their land, and to measure the same for the purpose of separating them from those of the Romeros; that he was directed by the same order to put the Romeros in possession of the surplus; that he summoned the colindantes, but they did not appear; that he did not then execute the order, but repeated the summons to them; that the Romeros made a complaint to the Governor, and he, the witness, received from the latter a new order to carry the former into 308 History of Alameda County, California. effect, upon which he told the Romeros to go there — which they did in 1844. This witness explicitly states that no title to the land in favor of the Romeros was ever exhibited to him. The orders referred to by Pico are obviously those contained in the expediente. The first order did not, as he supposes, direct him to put the Romeros in possession, but only to measure the land and certify the result, " so that it might be granted." Romero's complaint or petition to the Governor stating the failure of che Alcalde to measure the land, and asking for a provisional grant, we also find in the expediente, and also the second order of the Governor, which, like the former, only directs the measurement of the land — the Governor having, as we have seen, adopted Jimeno's recommendation that the land should be measured, and Soto and Romero should present themselves before any grant should issue. On the parol proofs alone I should come to the conclusion that Mr. Tingley is mistaken in suppos- ing that a grant for the land was ever produced. But the evidence afforded not only by the expediente, but by the repeated declarations of the Romeros themselves in their various petitions and in the conveyance to Garcia, removes every possible doubt on the question. The facts of the case are unmistakable. The Romeros solicited land, which the Governor was disposed to grant. He directed a measurement pre- paratory to making the grant, and this measurement never was effected. I cannot per- ceive how this Court can recognize these proceedings as giving any title to the lands. It may be admitted that in 1844 they went upon the land, as stated by Pico — though, if so, it is singular that John Burton, Alcalde, should, in April, 1847, have ordered "the interested parties to proceed to take possession of the mentioned lands, according to the order of the Government." But this occupation, not authorized, so far as it appears, by the Government, and only made in pursuance of a verbal permission of Pico, and without the measurement of the land, as required by both orders of Michel- torena, can hardly be deemed to have conferred any title, either legal or equitable, upon the claimants. The case is, perhaps, a hard one, for there seems no reason to suppose that the grant would have been refused if the measurement had been made and Soto's rights had been found to have been forfeited. But no grant, either perfect or inchoate, was made, nor any promise given that one should be made. The peti- tions were favorably received, a provisional grant refused, and a measurement directed. There the action of the Government ended, and certainly such proceedings did not confer such a right of property in the land as this Court can recognize. The claim must be rejected. (June Term, 1857.) decision of the secretary of the interior in the matter of the sur- vey of the rancho el sobrante, in california. Department of the Interior, ) Washington, February 23, 1882.1 To the Commissioner of the General Land Office — Sir: I have con- sidered, on appeal from the decision of your office of February 26, 1881, the matter of the survey of the California private land claim known as El Sobrante Rancho, situate in the counties of Contra Costa and Alameda, and confirmed to Juan Jos^ and Victor Castro by the Board of Land Commissioners and the United States Dis- trict Court for the Northern District of California, under the Act of Congress approved March 3, 185 1 (9 Stats., 631). Mexican Grants. 309 Such facts appearing of record in your office, as are necessary to a proper under- standing of the main questions presented for consideration, will be stated as briefly as practicable. On the 26th of May, 1852, the said Juan Jos^ and Victor Castro, by their attor- neys, H. W. Carpentier and John Wilson, filed in the office of the said Board of Land Commissioners a petition in which they set forth, among other things, that on the 22d of April, 1841, they presented their joint petition to Juan B. Alvarado, then Governor of Upper California, "for a grant of all the vacant {sobrante) land lying between the Ranchos San Antonio, San Pablo, Pinole, Valencia, and Moraga, being the surplus or overplus left between the said ranchos after the boundaries to the Ranchos" should "be ascertained and settled;" that "on the 23d of April, 1841, the said Alvarado, so being Governor, and having full power and authority to do so, granted the land as prayed for in the said petition," and directed the petitioners " to appear anpw before the proper authority with a map of the land so asked * * * as soon as the boundaries of the Ranchos named in said petition * * * should be ascertained, regulated and settled ;" that they had always been ready to comply with the direction of the Governor to present themselves anew to the proper author- ity, with a map of the land thus conceded to them, but that the boundaries of the ranchos named had not b^en ascertained and settled; that "the said Victor, several years before the date of the grant, had settled upon the land so granted them, had built and resided in a house, and cultivated fields thereon;" that both the petitioners "pastured their cattle, horses, etc., upon it," the land granted, "before the grant was made," and had continued to do so ever since; that the said Victor had "constantly since resided thereon," and had cultivated three different ranchos thereon, and had> for the last fourteen years (prior to presentation of the petition to the Board), "had and held (and which was known to the owners of the neighboring ranchos mentioned in the grant * * *) exclusive and continued possession thereof;" and the peti- tioners prayed that they might "be allow.ed to intervene in the cases arising out of the said ranchos when the boundaries thereof" were to be investigated, so that justice might be done them and they obtain "all the vacant {sobrante) land lying between the said ranchos after their boundaries are properly adjudged and regulated," and that their grant might be confirmed and made valid to them "according to the full intent of the grant at the time the same was made." (Record of Petitions, vol. i, p. 460, et seq.. Land Commission of California.) On the same day, to wit. May 26, 1852, the Castros filed another petition, in which they represented, as before, that they had petitioned for a grant April 22, 1841,. of " all the vacant {sobrante) land lying in between the Ranchos of San Antonio, San Pablo, Pinole, the ranch of Valencia, and the ranch of Moraga, being the overplus lying between these several ranchos, which lie in the county of Contra Costa ;" that on the 23d of April, 1841, the Governor granted the same tOjthem, "as they peti- tioned," and directed them to "present themselves anew before the proper author! ty> accompanied by a map of the land so granted, so soon as the boundaries of the ranchos named should be ascertained and settled; * * * but that the boundaries of the said ranchos " had never been ascertained and settled. They therefore prayed the Board to ascertain and settle said boundaries, and then they would comply with 310 History of Alameda County, California. all their duty in the premises. They also stated that they would prove that they had been " in the actual possession of said sobrante, or vacant, land so granted them ever since the date of the said grant," and that they had " had on it a large stock of cattle, horses, sheep, etc.'' They further alleged that the grant had not been approved by the Departmental Assembly, "because the boundaries of the adjoining ranches had not been ascertained," and set forth other matters not necessary to be stated here. They again prayed the Board to confirm their claim, etc. (lb. pp. 634-5.) Whether this petition was to amend the one first herein referred to, or vice- versa, does not appear; but the two may be taken together as the petition of the" Castros to the Board of Land Commissioners. It may be well here to state that about the year 1853, after said petition to the Board was filed, and before the claim was confirmed, the county of Contra Costa, in which the petitioners alleged their land to be situated, was divided, and part of it included in the county of Alameda. There is, consequently, no variance between the general location called for in the petition as in Contra Costa County, and that in the Board's decree as in the counties of Contra Costa and Alameda. In support of their claim the petitioners introduced in evidence the original peti- tition and concession, or grant, and a translation thereof, which translation was certified as correct by George Fisher, Secretary to the Board. This official translation of said petition and grant reads as follows: — PETITION. To His Excellency, the Governor: The citizens, Juan Jos^ and Victor Castro, natives of this Department, and residents within the jurisdiction of San Jose de Alvarado, present ourselves before your Excellency in the most proper and respectful manner, and represent that, being desirous of being finally settled upon land of our own, for the purpose of devoting ourselves to the labors of agriculture and the raising of cattle, in order by these means to obtain the very necessary means of subsistence for our numerous increased families, which is of such vital importance, we beseech your Excellency that you will deign to grant unto us a piece of vacant land which is situate on the immediate limits (inmediaciones) of San Antonio, San Pablo, Pinole, the farm (ranch) of Valencia, and the farm of Moraga, which land is the over- plus {sobrante) of the ranches aforesaid. Wherefore we humbly pray, etc. JUAN Jos^ Castro, Victor Castro, marginal concession or grant. Monterey,. April 23, 1841. As the parties interested petition for in this representation so the land of which they make mention is granted unto them, they remaining under obligation to present themselves anew, accompanied by a map of the land, so .soon as the boundaries of the neighboring land-owners shall be regulated. AlvaKADO. (Record of evidence, vol. 19, p. 107, Land Commission, California.) Testimony was introduced to prove the genuineness of the grant, its character the settlement of Victor Castro thereon, the possession of the Castros as alleged in Mexican Grants. 311 the petition, and also some testimony concerning the boundaries of the Peraltas' grant of San Antonio, and the case was submitted for decision, whereupon, on the 3d day of July, 1855, the following opinion and decree were rendered by the Board of Land Commissioners : — OPINION. Juan Jose and Victor Castro, ^ TJ. !-No. 96. For a sobrante, in the county of Contra The United States. j Costa. The evidence in this case establishes the following facts: That the petitioners presented their expediente for a sobrante of land lying between ranchos named in said expediente, and in pursuance of said expediente,- Juan B. Alvarado, Governor of California, on the 23d day of April, 1841, issued a grant to the petitioners, and requir- ing them to report a plat of the same as soon as the adjoining ranchos could be surveyed and the extent of the sobrante ascertained, which survey has not been had of said ranchos so as to enable the petitioners herein to define with certainty the boundaries of their said sobrante, and a large amount of testimony has been taken for the pur- pose of settling the boundaries, which is rendered inapplicable to the merits of this claim by the decision of the Supreme Court of the United States in the case of Fremont. The grant offered in evidence is proven to be genuine, and the proofs in the case go to show that it was issued to the grantees in consideration of services rendered to the nation, and for supplies furnished for the use of the Mexican Government. We think this claim a valid one, and a decree will be entered confirming the sarrte. decree. Juan Jose Castro and Victor Castro, \ vs. y No. 96. The United States. j In this case, on hearing the proofs and allegations, it is adjudged by the Commis- sion that the claim of the said petitioners is valid, and it is therefore decreed that the same be and hereby is confirmed. The land of which confirmation is hereby made is situated in the counties of Contra Costa and Alameda, and is the surplus (sobrante) which on the 23d day of April, A. D. 1841, the date of the decree of concession to the present claimants, existed, lying between the tracts known as Ranchos of San Antonio, San Pablo, Pinole, Moraga, and Valencia, reference being had to the original expediente on file in this case. (Record of Decisions, vol. 3, pp. I06 and 107, L4nd Commission, Cali- fornia.) The case was taken to the proper United States District- Court, as provided in section 9 of the Act of 1851, above referred to, and such proceedings were had before, and decree entered by the Court as made the decree entered by the Board the final decree in the matter. The contest now here on appeal arose over a survey of the claim thus confirmed, which was executed by Deputy Surveyor William Minto, in 1878, under contract with the Surveyor-General of California, c^pproved by your ofifice. The field notes of the 312 History of Alameda County, California. survey were returned to the Surveyor-General's office August 26, 1878, and from them a plat was made, after which, in September and October, 1878, notice of the execution of the survey and plat was duly published under section i of the Act of July i, i864> (13 Stats., 332), and the survey and plat were retained in the office of the Surveyor- General for inspection, as required by law. Many objections to the survey, protests against the surveying of the claim as demanded by the owners thereof, and interventions in the case were filed, some before and others after the period of ninety days from the first publication of notice had expired; and thereunder a vast amount of testimony was introduced before the Sur- veyor-General, which was forwarded with the appeal. It is unnecessary to pass upon the status of the various objectors, protestants, .interveners, or to specify those who appeared in time and showed such interest as entitled them to be heard, and to dismiss the proceedings of all others, under the rule laid down by the Department May 28, 1879, in the matter of the survey of the rancho El Corte de Madera del Presidio (Copp's L. O., vol. 6, p. 52), for the reason that the case is appealed by parties having a proper standing therein, who have raised every point, it seems to me, that the cir- cumstances of the case admit, or that arises in the case. I need not further recite connectedly the history or facts of the case, enough hav- ing already been stated to develop the principal questions involved; but such other matters of record in your office as shall seem proper to be considered will be referred to and discussed as occasion may require. It is proper here to state my reasons for not using and discussing the testimony of witnesses taken before the Surveyor-General. I have not done so for the reason as to one branch of the case no such testimony is admissible, and as to the other, from my view of the case, none of it is needed. The explanation is this: The decree is said to be ambiguous. Now, if there is a patent ambiguity, it cannot be explained by testimony unless the terms used are wholly indefinite and equivocal, and convey on their face no certain or explicit meaning, and the decree itself furnishes no mate- rials by which the ambiguity thus arising can be removed. In such a case, rather than the claim which has been adjudicated upon the principles of equity (Sec. 11, Act of 185 1, 9 Stats., 633), should entirely fail, the light of intrinsic evidence may be brought in to ascertain the intention of the Board. But, in my opinion, the decree is not in such a condition. I think that any patent ambiguity in the expressed decree can be explained by reference to such matters, as under the rules of interpretation applicable to this case, may properly be examined for that purpose as a part of the decree. It follows, therefore, that any ambiguity appearing upon the face of the decree itself must be removed by construction and not by averment, and hence upon this branch of the case the testimony aforesaid is inadmissible. The latent ambiguity of the decree can, in my opinion, be sufficiently explained by the records of your office or those of the Surveyor-General's office, and therefore the testimony of witnesses was not, and is not, needed in this case. In other words, that which was confirmed by the decree of the Board can be so surveyed as to do substantial justice from light afforded by the' records of the Land Department, and no testimony dehors the records would make the matter more certain. The decree of confirmation in this case is final and conclusive as between the Mexican Grants. 313 United States and the Castros, or those claiming under them. If there were error or mistake in it, the only remedy was by appeal. The appeal from the decree of the Board having been dismissed by the District Court, the decree must forever stand as the Court thus made and left it. There is no authority or jurisdiction in any tribunal to correct, altar, amend, or annul it. Nothing remains to be done except to execute it according to its true intent as the law provides. If it is ambiguous and requires construction, then this must be done under the rules of the common law. The decree must serve as the guide to the Surveyor-General in making a survey in execution of the same. It is the duty of the Commissioner of the General Land Office to see to it that the survey conforms as nearly as practicable to the decree, and finally, the Secretary of the Interior, by virtue of his supervisory powers and appellate jurisdic- tion, has authority to review the action of the Commissioner in the premises and direct how the survey shall be made. Each of these several propositions of law will be found fully sustained by some one or more of the following authorities: Higueras vs. The United States (s Wall, 827, 828, 830, 832, 834); United States vs. Halleck (i Wall., 439); United States vs. Billings (2 Wall., 444); the Fossatt case {ibid., 649); United States vs. Fossatt (21 How., 447); United States vs. Sepulveda (i Wall, 107); 12 Opins. Attorneys-General, 250; Snyder z's. Sickels (8 Otto., 203); sections 13 and 15, Act of 1851, 9 Stats., 633, 634; sections i, 6, 7, Act of 1864, 13 Stats., 333, 334; section i. Act of 1812, 2 Stats., 716; section i. Act of 1836, S Stats., 107; section 3, Act of 1849, 9 Stats., 395; section 453 Revised Statutes; and decisions of this Department of March 3, 188 J, in the matter of the survey of the pueblo lands of San Francisco, and of May 21, 1881, in the matter of the survey of the Rancho San Jacinto Nuevo y Potrero. It has been contended in argument by some of the able counsel that the claim of the Castros was not such as, according to the decision of the Supreme Court in numer- ous cases, should have been confirmed; because the paper constituting the petition and concession was in the hands of the Castros until the organization of the Board of Land Commissioners, and until it was filed in the office of the Board; because there was no map accompanying the petition, no reference by the Governor of the petition for information, no report upon the petition by any Government officer, and the grant was not made matter of record in the archives of the Mexican Government; and hence, that the only title to consideration which the claim has is the decree of con- firmation. For these reasons it is contended that, as to the claim, the construction of the decree should be strictissimi juris. Others contend that the doctrine applicable to public or legislative grants should be applied in construing this decree; that it should be strictly construed as against the confirmees. On the other hand, counsel for claimants contend that the doctrine above mentioned does not apply to decrees especially not to a decree under the Act of 185 1, founded upon the principles of equity, and that as to such a decree the doctrine of liberal or equitable construction should be applied. As to the first point, it is only necessary tp say that the tribunal created by law to execute the decree cannot go behind it. The presumption is that the Board and the United States District Court did their duty in the premises, and adjudicated the case upon the laws and principles by which they were required to be governed as 21 314 History of Alameda County, California. provided by section ii of the said Act of 1851, and hence, that the decree is vaHd and binding upon all parties thereto. Therefore, if construction is necessary, the decree must be considered as entitled to the same respect and consideration as any other final decree of confirmation under said Act. As to all the foregoing propositions it may be said that the decree must be executed according to its true intent and meaning, and that construction should not be employed to any other end. Sedgwick, in his work upon Construction of Statutes, etc., after having examined many decisions of courts bearing upon the subject of strict and liberal construction, concludes a long chapter by giving the judiciary and the legal profession, in the form of rules, the benefit of his extended researches, from which I make the following quotations: — "The intent of the Legislature should control absolutely the action of the judiciary; where the intention is clearly ascertained, the Courts have no other duty to perform than to execute the legislative will, without any regard to their own views as to the wisdom or justice of the particular enactment. " The idea that an act may be strictly or liberally construed without regard to the legislative intent, according as it is viewed either as a penal or a remedial statute, either as in derogation of the common law or beneficial innovation, is, in ■ its very nature, delusive and fallacious. "In cases where the intent of the legislation is ambiguous, and the effort to arrive at it is hopeless, and in these cases only, does the power of construing a statute strictly or liberally exist." (Sedgwick on the Construction of Statutory and Consti- tutional Law, 325 and 326.) The Supreme Court of the United States, in discussing the doctrine of strict con- struction as applicable to legislative grants, held that the grant being considered by them could not extend beyond the intent it expresssd; that — " It should be neither enlarged by ingenious reasoning, nor dimini Aed by strained construction. The interpretation must be reasonable, and such as will give effect to the intention of Congress. This is to be ascertained from the terms employed, the situation of the parties, and the nature of the grant. If these terms are plain and unambiguous, there can be no difficulty in interpreting them; but if they admit of different meanings — one of extension, and the other of limitation — they must be accepted in a sense favorable to the grantor." (Leavenworth, etc., R. R. Co. vs. U. S., 2 Otto, 740.) The harmony between the doctrine expressed by the Court and that referred to above is at once apparent. Both agree that the intention must prevail, but when the terms employed are so anjbiguous as to render it impossible to ascertain the intention of the framers of the act, then the doctrine' of strict' or liberal construction may be applied according to the nature of the case. The Supreme Court, in the particular case, held that when the terms admitted of different meanings, one of extension and the other of limitation, they must be accepted in the sense favorable to the grantor. The Court supposed a case wherein it was hopeless, from the ambiguity of the terms employed, to arrive at the intent of the Legislature, in which case it was authorized to employ the doctrine of strict construction as. to the grantee, or to take that meaning Mexican Grants. 315 which was favorable to the grantor. A meaning of extension and another of hmita- tion are certainly diametrically opposed to each other, in which case one could be taken to the exclusion of the other. But where no such condition of affairs exists — where the intent can be reasonably ascertained from the whole act or instrument being interpreted — then there is no choice left, and the intent must govern. In this connection it may be well to advert to the fact that the decree refers to "the original expediente and grant on file in this case." That instrument, therefore, may be read with the decree as a part of it (Sedgwick on Construction, &c., 2d edit, 229 and 230; and Broom's Legal Maxims, 7th edit, 673 et seq., and the numerous cases cited therein); not, however, for the purpose of opening anew any question adjudicated by the Board and District Court, nor for giving to the instrument referred to any other construction or force than that given by the Board and Court, as expressed in their decree; hence, not for the purpose of changing the meaning of terms that are clear and unambiguous in the expressed decree, but only to explain any ambiguity in the decree itself (U. S. vs. Halleck, i Wall., 455; decision of this Department of May 21, 1881, in riiatter of survey of Rancho San Jacinto Nuevo y Potrero.) Wherein the decree, on its face, is clear so far as it relates to the subject matter or the original petition and grant, it must be held to be the construction of the Board and Court upon those instruments, which cannot be questioned here. Further- more, in referring to the petition and grant in this decree, we can only look to the official translation thereof; we cannot take any other translation, and by it undertake to explain any dubious expression of the decree. The Board had the services of a Secretary "skilled in the Spanish and English languages," a part of whose duty it was to act as interpreter to the Board, as the law provided. (Sec. i. Act of 1851, 9 Stats., 631.) The Secretary certified the translation of the petition and grant above given to be correct. The Board and District Court gave consideration to the petition and grant, and adjudicated the case in view of that official translation. It follows, upon reasons too apparent to require explanation, that the expert testimony of witnesses before the Surveyor-General, giving a different translation to some of the words in the original petition and concession than that certified by Secretary Fisher, is wholly inadmissible, and that all efforts to inject into the case now any other translation than that which the Board and Court adopted, must fail. The points raised by the objectors, protestants, etc., are very numerous, and need not be recited here. They are all, in some way, embraced in the three following general questions or propositions: First. It is contended by the owners of the grant that the decree confirmed to them all the land within the exterior boundaries of the five ranchos named as colin- dantes, which should be left or result as surplus upon the final survey of said ranchos; that their grant is not limited, except as by the exterior boundaries of said ranchos and their finally surveyed limits, and therefore that the locative call in the decree for land "lying between the tracts known as Ranchos of San Antonio, San Pablo, Pinole, Moraga, and Valencia" should be disregarded in making a survey under the decree. Second. Some of the contestants insist that the claim confirmed was a piece of vacant land, never within the exterior boundaries of the five ranchos referred to, nor any of them, but outside thereof and bounded by them. 316 History of Alameda County, California. Third. Other contestants admit that the land confirmed was surplus of said five ranches, or some of them, but insist that it must, from the terms of the decree, lie between those ranches as finallj' surveyed, in the sense of being surrounded or partly- surrounded and bounded by them. The better to understand the situation, a short explanation of the location of the five ranchos mentioned is necessary. The San Antonio Rancho has the Bay of San Francisco for its western boundary, the ridge of the Coast Range mainly for its eastern boundary, and extends from a small stream called the Cerrito Creek, on the north, to the San Leandro Creek, on the south, a distance of about twelve miles. This was a grant by specific boundaries, and was surveyed and patented as such. To the north and northeast of San Antonio, at a distance of about five miles, is the Rancho El Pinole. This, as confirmed, surveyed, and patented, was a grant of quantity within larger exterior boundaries. The calls for the exterior boundaries of this grant were natural fixed objects, leaving no uncertainty as to the lines thereof San Pablo was a grant of quantity to be located within the boundaries mentioned in the grant, which were the Ranchos of San Antonio, El Pinole, and the Bay of San Francisco; the southeastern boundary being thus necessarily uncertain. To the east of San Antonio, southeast of San Pablo, and south of El Pinole, was. the Rancho of Valencia, called Acalanes. It was a grant of quantity, to be measured within the general boundaries mentioned in the grant as San Pablo, San Antonio, and El Pinole. South of the Acalanes and east of San Antonio was the Moraga Rancho, called Laguna de los Palos Colorados. It was a grant of quantity, to be measured within the exterior boundaries described in the Governor's formal grant, which virtually,, though not expressly, called for San Antonio and Acalanes as colindantes. The foregoing brief explanation, and the connected map prepared by the Surveyor-General in compliance with telegraphic order from your predecessor of October 24, 1878, from data on file in his office, which map was certified by the Surveyor-General November 22, 1878, or the map subsequently subS'tituted therefor by the Surveyor-General, will give a tolerably correct idea of the country occupied by said ranchos, and their relative situation both as regards their exterior and their finally surveyed boundaries; but as to a part of the exterior boundaries there is some question as to their being accurately delineated on said maps, which will be discussed hereafter. It will be seen that a large tract of land is left nearly surrounded and bounded by said ranchos as finally surveyed and patented, in addition to which there were numerous other smaller tracts excluded by final surveys, not surrounded by nor lying betweeii said ranchos, but within the exterior limits of some of them, most of said tracts being entirely disconnected with the large tract and with each other, and scat- tered about in various parts, mainly on the outskirts of the general tract embraced by the exterior boundaries of the five ranchos mentioned in the decree. Your predecessor, having decided that the decree confirmed to the Castros all the surplus lands of the ranchos aforesaid — that is, all the land within their exterior boundaries excluded by final survey — and that the said rarichos were coterminous as. Mexican Grants. 317 to their exterior boundaries in the central portion in the general tract embraced by them all, set aside the Minto survey, and directed a new survey to be made, which should include not only the large tract nearly surrounded by the ranchos as finally surveyed, but all the other tracts excluded from the final surveys, limiting his award only by the quantity of twenty-two square leagues. In this, it seems to me, your office did not follow the decree of confirmation, assuming that the tract confirmed was surplus of some of the said ranchos resulting upon final survey thereof ■ The error in the decision proceeds from premises, which, to my mind, are not supported by the relevant facts and the law of the case, to wit, first, that the word " sobrante,'' as used in the grant and decree of confirmation, necessarily meant all of the sobrante of said ranchos, and could not be limited by the words designating the particular location of the sobrante, nor by the words designating it as a piece — one piece — of land; and, secondly, that it was a grant by name of the sobrante, and hence included all of the sobrante. It cannot be maintained upon general principles that power was wanting in the Governor to grant, or in the Board and Court to confirm, as sobrante any portion of the surplus of grants of quantity, and define its location and boundaries. As a matter of fact the records of your office will show that more than one such grant has been made of the sobrante of a single grant, and the grants thus made have been confirmed and patented accordingly. Now, that the tract confirmed in this case, admitting it to be sobrante of some of the ranchos mentioned in the decree, was limited, seems clear to me,. and that the Surveyor has no authority to locate or survey any land in any other locality than that mentioned in the decree, cannot be success- fully questioned. In view of the authorities hereinbefore mentioned no one will deny that the decree of confirmation must be the guide in making the survey, or that the Surveyor must follow it. In the United States vs. Fossatt (2 1 How., 449), the Supreme Court, in speaking of the powers and duties of the Board and Courts under the Act of 1 82 1, said: — " But, in addition to these questions upon the validity of the title, there may arise questions of extent, quantity, location, boundary, and legal operation, that are equally essential in determining the validity of a claim." This doctrine was re-affirmed in the Fossatt case (2 Wall., 707). In United States vs. Sepulveda (i Wall., 107 and 108), the Court said: — " It is true, for the determination of the validity of claims presented, some con- sideration must have been had of their extent, location, and boundaries. The peti- tion of the claimants must necessarily have designated, with more or less precision, such extent and location." In the light of these decisions rio one can consistently say that the Surveyor- General, your office, or this Department can disregard the words of the decree that point out the locus of the land confirmed, in making or directing a survey thereof The decree recites that the land of which confirmation is thereby made "is the sur- plus (sobrante) which, on the 23d day of April, A. D. 1841, * * * existed lying between the tracts known as Ranchos of San Antonio, San Pablo, Pinole, Moraga, and Valencia." 318 History of Alameda County, California. Is it possible that any land that does not lie between those ranches can be sur- veyed under this decree ? By what authority can the Surveyor-General look for land under this decree, except in that locality ? But the Commissioner suggests that the words " lying between," etc , constitute a false description of the land, and that it grew out of the mistaken meaning of the words " en las inmediaciones," in the petition for the grant, which he says were carelessly taken to be translatable by the word " between;" and he further says that the Board did well to refer for greater certainty to the original grant. The answer to this has already been anticipated. The Board having thus trans- lated and interpreted the grant, there is no tribunal that has thepower to change it. Certainly it does not lie with the claimants to object to the translation, for the record shows it to be their own, notwithstanding it was adopted as the official translation. The regulations of the Commissioners, found in journal, vol. i, p. 24, required every claimant to accompany his petition " by a copy of the original grant and a transla- tion," and the petition of the Castros shows that this regulation was complied with, and the records do not show that said copy and translation were rejected or objected to. Unless the Board was to adopt the translation, if found correct, there was no object in requiring it to be filed. But the idea that there is repugnance in the language of the grant and that of the decree on this point is not well founded. Referring to the official translation of the petition and grant, it will be found that the Castros petitioned for '^apiece of vacant land which is situated on " (not " m " as the Commissioner has it) " the imme- diate limits (inmediaciones) of San Antonio," etc., "which land is the overplus (sobrante) of the ranchos aforesaid." Here we find that this tract must be " on the immediate limits of" the said ranchos. Now, from the very meaning of these words, taking the actual situations of the grants named, the land must lie between them all in the sense of being surrounded, or partly surrounded, and bounded by them. The word " immediate," as here used, means " not separated in respect to place by anything intervening." (See any standard dictionary.) It was one tract that was granted and the same tract was confirmed; and it was not a tract of land, vacant or otherwise, that surrounded all these ranchos and bounded their outer limits. The Bays of San Francisco and San Pablo and the Straits of Carquinez put an end to such an idea, even if the absurdity of the proposition in itself does not. Where else, then, than in the midst of these ranchos can a tract of land be found that can lie on the immediate limits of each and all of the ranchos named in actual contact with all of them. There is not the slightest repugnancy between the description in the grant and that of the decree, so far as the words " lying between " are concerned. But it is urged the word "between" can refer to but two objects, and hence was not the proper expression to use to convey the idea above expressed. Perhaps in a literal narrow sense this may be true; but a definition is given it in dictionaries like this, " in the immediate space of ;" "having mutual relation to two or more o^-" in fact the word is quite commonly used with respect to more than two persons or things, as "between us, to go no further, I will tell you something," the pronoun "us" embracing, perhaps, twenty individuals. But, ''qui hcerret in litera hceret in coriice." Mexican Grants. 319 Such verbal criticisms as are indulged in upon the words " lying between," as used in the decree, are of little value in the interpretation of written instruments. The well- known general and comprehensive rule for .the interpretation of written instruments is that where the intention is clear, too great a stress should not be laid on the strict and precise signification of words. One who will consider for a moment what other word can be found to describe the locality of a tract of land surrounded, or nearly so, by a number of ranchos, will soon discover that no form of expression in the English language is better adapted briefly but clearly to define its location than that it lies between them. But if there could be any doubt as to what the Board meant by the use of the words "lying between," in the connection in' which they were employed, it would be at once resolved by reference to the petition and grant, as has already been demonstrated. Suppose, however, that the petition and grant did not make clear the terms in the written decree, and that the Department were required to look beyond them, then I should turn to the Board's finding of facts in the opinion preceding the decree. The Board there says that the evidence establishes the fact that the petitioners pre- sented their expediente for a "sobrante" of land "lying between ranchos named in said expediente." If this were not satisfactory, then I should read the petitions of the Castros to the Board. In the first one they describe the land as "lying between" the said ranchos, and, as if to leave no room for doubt as to what they really meant, in their other petition to the Board they describe it as "lying in between" said ranchos. No one knew better than the Castros where the land was for which they petitioned. Now, with this expression, so oft-repeated, it seems to me that no other locality than the intervening space inclosed (or partially inclosed) by all these ranchos, could be sought for the location of the piece of land confirmed, even if the original grant did not so effectually settle the question. But there is no confusion in the decree about this matter. The meaning of the Board and Court as to the locality of the land is plain, especially when the papers referred to in the decree are read. It is hardly necessary to say more on this point. The mere mention of the rule, which is applicable to this decree as well as to other written instruments, that the whole instrument must be construed together, so that, if possible, every part shall stand, that no words are to be rejected as meaningless and none interpolated or added, would perhaps have been sufficient to answer all that has been said in favor of the rights of the owners of El Sobrante to have other land surveyed than that found to lie between the five ranchos in the sense in which the Board clearly employed the word "between," that is, within the surroundings of the five ranchos; not between any two, or three, or four of them, but between all of them. .Whatever the land may be, whether an independent, vacant tract (vacant in the sense of never having been included within the exterior limits of any of the ranchos named) or vacant surplus land (sobrante, in the sense of having been included in some of the exterior boundaries named in the grants, and vacant in the sense of being subject to grant), it must be found in the locality designated in the decree as above defined. I am supported in this view by the Supreme Court of California. In the case 320 History of Alameda County, California. of Tewksbury vs. Derosier, decided November ii, 1881 (The Pacific Coast Law Journal, vol. 8, No. 17, p. 683), the Court, speaking of this very decree, said : — "The confirmation of El Sobrante was of lands 'lying between the tracts known as Ranchos of San Antonio, San Pablo, Pinole, Moraga, and Valencia.' The lands in controversy are not between the ranchos above named, or any of them. On the contrary, they are on the shore of the Bay of San Francisco, and between it and the Rancho San Pablo. They are not even in the vicinity of any of said ranchos, unless it be the Ranchos San Pablo and San Antonio." The land in question before the Court, and of which the Court was speaking, is one of the tracts which your office directed to be included in the new survey. After so much has been said, it is hardly necessary to discuss the proposition that this is a grant by name. Surplus is undoubtedly a name, because it is a noun, but it was not a proper noun as used by the Castros in their petition. There is noth- ing in the case to show that it was ever the name of this rancho at or before the date of this grant. Sobrante means in English surplus or overplus. The three words mean the same. There is probably no foreign word that can be translated into our English with more exactness of definition than the Spanish word "sobrante" by the English word "surplus." If the Board in its decree had put in parentheses the word "over- plus," instead of "sobrante," after the word "surplus," the decree would have meant exactly what it does now, each word being the exact equivalent of the other. The use of the word "sobrante" in parenthesis simply shows that the Board translated it by the word "surplus." The Castros asked for vacant, surplus land. Whether surplus of vacant public land left in the general tract occupied by the five ranchos outside of and defined by their exterior boundaries, or of that which should remain within the exterior boundaries after the quantities of said grants should be surveyed, will be determined next in order. They did not ask for a place known by the name of Surplus, or Lo Sobrante, or El Sobrante; but for a piece of vacant, surplus land. That is all the name the rancho had. That does not fill the well-known definition of a Mexican grant, by name of the place granted, nor the old common law case or illustration of " Black Acre." The second proposition above set forth presents more difficult questions than the one just disposed of , The expressed, recorded decree describes the land confirmed as the surplus "which, on the 23d day of April, 1841, the date of the decree of the concession to the present claimants, existed, lying between the tracts known as Ranchos of San Antonio, San Pablo, Pinole, Moraga, and Valencia." The Supreme Court of the United States has, in several instances, described the different kinds of grants which could be made under Mexican law and regulations by Governors of the Department of California, thus: ist, grants by specific boundaries where the donee was entitled to the. entire tract described; 2d, grants by quantity, as of one or more leagues situated at some designated place, or within a larger tract described by out-boundaries, where the donee was entitled out of the general tract only to the quantity specified; and, 3d, grants, or places by name, where the donee was entitled to the tract named according to the limits, as shown by its settlement and possession, or other competent evidence. (Higueras vs. U. S., S Wall., 828; Alviso vs. U. S., 8 Id., 339; and Hornsby vs. U. S., 10 Id., 224.) . '^iri a? Mexican Grants. 321 'The claim of the Castros, having been decreed to be valid, should belong to one of the kinds of grants thus defined. It is clear upon the face of the decree that it was not a grant of quantity nor one of place by name. It therefore necessarily falls into the category of grants by boundaries; and as no calls are given for boundaries, except the five ranches named, it must be limited by their boundaries and lie between them all. If this be not so, then, although confirmed as valid, the claim is void for uncertainty. In United States vs. Fossatt (21 How., 449), the Supreme Court said that "in affirming a claim to land under a Spanish or Mexican gi-ant to be valid within the law of nations, the stipulations of the treaty of Guadalupe Hidalgo, and the usages of those Governments, we imply something more than that certain papers are genuine, lega, land translative of property. We affirm that ownership and possession of land of definite boundaries rightfully attach to the grantee." See also Fossatt's case (2 Wall.; 707),' and United States w. Sepulveda (i Wall., 107 and 108). In United States vs. Grimes (2 Black, 613), the Court, speaking of the duty of the Land Commissioners under the Act of 185 1, said: "It is their duty to establish the boundaries as well as the validity of the Mexican grant as between him (the grantee) and the Government." The Board and Court, then, had power to fix the boundaries as they did. Now, the presumption in favor of the validity of the decree, and that the Board and Court performed their duties under the law, forces the conclusion that the decree in some manner indicates the boundaries of the claim with more or less certainty, which in executing it must be ascertained with reasonable exactitude; for not to ascertain them would render that void which the Board and Court have affirmed to be valid; hence the decree must be construed, if possible, so as not to make void that which has thus been affirmed as valid, whether the construction be as to patent or latent ambiguity. In doing this, so far as ascertaining the boundaries is concerned, that which is certain should be preferred to that which is uncertain. Now, as regards these boundaries, the expressed decree seems to be ambiguous, but the ambiguity is mainly latent, and, wherein it is so, it may be explained by matters dehors the decree or the documents referred to therein. While there may be no uncertainty as to the ordinary meaning of the word "surplus" or "sobrante," yet, when applied to land, it seems to me that it may embrace lands differing in condition or status, although it is strongly maintained that it can- not. The ordinary definition of "surplus" is that which remains when use is satisfied; excess beyond what is prescribed or wanted — overplus. Now, was the land con- firmed surplus of vacant public land which was left of the general tract out of which the said five ranchos were to be satisfied, and which was never within the exterior boundaries mentioned in the Governor's grants of the said surrounding ranchos, and bounded by their exterior boundaries; or was it surplus of those ranchos, or of any of them — that which should remain of the larger tracts when the quantity to which the donees were severally entitled should be satisfied — bounded by said ranchos after they should be measured off" and segregated ? The decree does not clearly state of what the land confirmed was surplus. But it is insisted that what here may appear to be ambiguitas latens and subject to expla- 322 History of Alameda County, California. nation by extrinsic evidence is explained by subsequent terms in the decree, and no other evidence is admissible; that wherein the decree describes the surplus as that "which, on the 23d day of April, A. D. 1841, * * * existed, lying between the tracts known as Ranches of San Antonio," etc., the Board and Court necessarily meant a tract of vacant public land, in the sense of lying without the exterior boundaries named by the Governor in the grants of said tracts, and hence surplus of the general tract of public land out of which the several ranches mentioned were taken, and bounded by their exterior boundaries; that in describing the land as surplus, which existed in 1841, lying between tracts known by the names mentioned, those tra^cts must have had known boundaries, and that a grant of quantity which might be located anywhere within the exterior limits mentioned would not have been referred to as a known tract. But it will be seen that these subsequent terms necessarily lead for explanation and certainty to matters outside the decree itself To ascertain what surplus existed in 1 841, we certainly must look to matters not set forth in the decree. Were the ranchos mentioned grants from the Mexican Government ? Were they completed grants ? Were they grants by names of places, or by specific boundaries, or of quan- ity within larger exterior limits? If of quantity, had they been set off and segregated? If not, what were their exterior boundaries ? These and divers other necessary ques- tions are not answered by the decree, and the decree itself necessarily refers us to extrinsic matters. This is latent ambiguity, and the decree is by no means peculiar in this respect. It is well settled that even the instruments referred to in the decree cannot be read to vary the natural import of the language used, if there be no uncertainty therein, nor to control the description of boundaries that are certain and free from ambiguity, but only to explain an ambiguity (U. S. vs. Halleck, i Wall., 455; decision in San Jacinto Nuevo y Potrero, above cited), and the same may be said of all extrinsic evi- dence resorted to. Now, looking at the petition and grant referred to in the decree we find that the Castros petitioned for "apiece of vacant land which is situated on the immediate limits (inmediaciones) of San Antonio, San Pablo, Pinole, the farm (rancho) of Valencia, and the farm of Moraga, which land is the overplus {sobrante) of the ranchos afore- said." Here we find the land described as both "vacant" and "sobrante;" but in terms as sobrante of the ranchos mentioned in the petition. What is meant by the word " vacant " as used in the petition ? Does it mean land that was vacant in the sense of not being or having been within the exterior limits of any of the ranchos mentioned, or vacant in the sense that it was not occupied by any of the grantees of the said ranchos, nor claimed as being included in the quantity to which they were respectively entitled and hence subject to grant ? It would appear from the further description thereof, " which land is the overplus (sobrante) of the ranchos aforesaid," that the latter was meant. The Governor granted to the Castros the land of which they made mention in the petition, and by no other description than that which they had employed, holding them " under obligation to present themselves anew, accompanied by a map of the land, so soon as the boundaries of the neighboring ranchos should be regulated." Mexican Grants. 323 It would appear from this that the boundaries by which the tract was to be defined were not then fixed and certain, and that the hnes of the neighboring ranches had not then been regulated. As has been explained, San Antonio was a grant by boundaries, which were as certain then as now; but San Pablo, Pinole, Acalanes, and Laguna de los Palos Colo- rados were grants of quantity, which quantity had not been segregated in 1841. Enough appears in the records of the Land Commissioners to show that as San Pablo and Acalanes were claimed and occupied in 1841, there was land in the locality named by the Castros, which would not be taken to satisfy the quantity to which these grants were respectively limited. The establishment of the Castros, owners of San Pablo, was on the part of the rancho adjoining the bays of San Francisco and San Pablo, and that of Valencia was considerably east of the western exterior boundary of the large tract. It was well known that there was more land lying between these ranchos as thus possessed than would be required in satisfying the quantity to which the respective donees were entitled- The northern limit of Moraga's Rancho would not interfere with this sobrante. The boundaries of San Antonio and the exterior boundaries of Pinole, as defined in the grant in 1842, were natural objects; and if surplus was thrown off of neither of them there would still be a large tract between them, surplus of San Pablo and Acalanes. Now, if all the exterior boundaries of San Pablo, Acalanes, and Moraga's Rancho were clear, then there would have been no difficulty in presenting a map of the sobrante asked for, if it was composed of a tract bounded by the exterior boundaries of the five ranchos mentioned. But it does not appear that it was customary to regulate exterior boundaries of grants of quantity in the sense of establishing them permanently. Con- sideration was, of course, to be given them, so far as to locate the quantity granted within them; but I think it cannot be questioned that the boundaries to be regulated were such as defined the quantity of the land actually granted, and remained as the boundaries of the land to which the donee was legally entitled under the grant. This seems to be the view taken by the Board and the Court; for in the finding of facts the Commissioners say that Alvarado issued a grant to the petitioners " requiring them to report a plat of the same as soon as the adjoining ranchos could be surveyed and the extent of the sobrante ascertained, which survey has not been had of said ranchos so as to enable the petitioners herein to define with certainty the boundaries of their said sobrante" If the exterior boundaries of the adjoining ranchos were the ones to be regulated, then that could have been done much better in 1 84 1, when witnesses were living who would be more likely to know of them than those that can be produced at this late day. Moreover, if the Board had supposed that such boundaries were to be regulated, then as it was their duty to fix the bounda- ries with as much certainty as the case would admit, and having the Governor's grants of the said ranchos before them, and living witnesses to point out their boundaries, they would have found them and set them forth in the decree. But they found that the boundaries to be regulated were to be ascertained by surveys. No survey, to this .day, has been made of those exterior boundaries of the grants of quantity. When will the surveys that were to make these boundaries clear and develop the extent of the sobrante be made, if the exterior boundaries of the grants were the ones intended ? 324 History of Alameda County, California. Thsre will have to be further legislation by the Government to accomplish this, for there is no provision for surveying other than the land confirmpd by the decrees of the Board of Land Commissioners and the Courts, and the five ranches have been surveyed and patented. Undoubtedly the Governor referred to the regulation of boundaries that took place under the Mexican land system upon juridical measure- ment, for that was the " regulation'' of boundaries required by law and ordinance, and which usually was expressly provided for in grants. In all cases in which the juridical measurement had not been had under the Mexican Government, this duty of measuring and segregating the lands granted was transferred to and devolved upon our Government; and it is fully performed by our final surveys and patents. Our official surveys take (or rather fill) the place of the juridical measurement required under Mexican law. This has been settled beyond question by the decisions of the Supreme Court. It would therefore appear that the boundaries to be regulated or the surveys to be made, which were to develop the sobrante granted and show its bounda- ries and extent, are those carried into the patents of the said ranchos. But suppose this view should be incorrect, then, looking into the condition of the surrounding ranchos in 1841, no independent, vacant tract, with certain boundaries can be found. The San Pablo grant was to be located within the following limits, taking the description in the Governor's concessions of 1834 and 1835: "Bounded by the Ranchos of San Antonio and El Pinole, and by a portion of the port of San Francisco." The southeastern boundary, according to these calls, was clearly not defi- nite and certain. It is suggested that the diseiio accompanying the petition will make the southeastern boundary more certain, but examination thereof throws very little light on this matter. It will not indicate from what points on the boundaries of El Pinole and San Antonio a line should be drawn to form this boundary. The map or diseno here referred to is found in Volume 2 of maps, Land Commission Records, page 421, on which the southeastern portion of the tract, within which the quantity was to be surveyed, is limited only by the border of the map. The southeastern exterior line of San Pablo, drawn on the Boardman map attached to the objections of Edson Adams, does not agree with that drawn by the Surveyor- General upon the connected map hereinbefore referred to. So it seems that, with all the light afforded by the Surveyor-General's office, and by actual examination in the field (see Surveyor-General's certificate on connected map), skilled surveyors cannot to-day agree as to the southeastern exterior of San Pablo. In the third and fourth conditions, both in the decree of 1834 and that of 1835, the donees were to solicit juridical possession of the proper Judge, who should meas- ure the tract according to law, for the purpose of having the boundaries of the grant marked out, the surplus to remain to the nation for proper uses. But this measurement was not made by the Mexican Government, and it devolved upon our Government to finish the work that was left undone by the former Government. Our Government has measured the quantity and given it certain boundaries. Were not these certain boundaries the ones that the Governor and the Board referred to as requiring regulation in order to define the boundaries and_show the extent of the sobrante granted and confirmed, rather than boundaries that are never to be regulated in the sense of being accurately surveyed and established, that are shown to be uncertain and possibly impossible of ascertainment? Mexican Grants. 325 Again, take Valencia's Rancho Acalanes. The Governor's grant describes it as "the tract of land known by the name of Acalanes, bounded by the Ranchos of San Pablo, San Antonio, and El Pinole." It is contended that the large tract out of which the quantity granted to Valen- cia was to be measured was not bounded by San Pablo, notwithstanding the calls in the grant; because in limiting the quantity in the fourth condition, and directing the Judge who should give Valencia possession to measure it conformably to ordinance, the overplus remaining for the use of the nation, etc., it was said that the tract to be measured was " one league in length by three-quarters of a league in width, according as is explained on the map," which was with the record of proceedings; and the map had written on its margin that the place asked for was " situated between the arroyo Galindo and the arroyo Grande," those streams baing delineated on the map or diseno. In other words, that the map on which was sketched the country to the northwest as far as the coast should control, instead of the aforesaid calls of the grant, because it showed the situation of the three-quarters of a square league that was granted as being between the arroyos aforesaid. Upon this showing it is insisted that a vacant tract is developed between the line formed by those two arroyos (Galindo being a tributary to the arroyo Grande or San Pablo Creek, with junction southeast of the claimed southeastern exterior line of the rancho San Pablo) and the southeastern exterior of San Pablo. Now, if this were true, there would still be the uncertainty as to San Pablo's southeastern boundary; and it is not clear how this -boundary could be " regulated " so as to define such tract. But the vacant tract disappears, admitting the arroyos Grande and Galindo to be the northwestern exterior boundary of Acalanes, for then the southeastern exterior line of San Pablo becomes certain, and comes up to said arroyos. The grant of Acalanes ought not to be held repugnant in its terms if they can be made harmonious. Then if the arroyos Grande and Galindo are the western and northwestern boundaries of Acalanes, the call expressed in the grant for San Pablo as a boundary should not be repugnant thereto; and as the southeastern boundary of Pablo was uncertain, this call brought it to the arroyos aforesaid. But I look upon the language of the fourth condition in Valencia's grant as simply a more specific designation of the locality in which the quantity was to be measured, and not as contradicting the general boundaries within which it was to be located. . It follows, then, that the mentioned ranchos had coterminous boundaries, and that the land confirmed was the surplus of some of them that should be defined by their boundaries as established or regulated by final survey. This fulfills the legal proposition that the grant, having been confirmed as valid, necessarily has definite boundaries; and this was its condition in 1841, under the well- known rule that in law that is certain which is capable of being rendered certain. Any other conclusion would result, it seems to me, in inextricable confusion. It is contended that the tract confirmed could not have been sobrante of any of the grants, because the grantees had the right of possession of the entire tract until segregation of quantity, and hence the Castros could not have had possession of other than land not within the exterior boundaries of the grants of quantity. Such an objection might be made to any grant of sobrante; still sobrante grants have been 326 History of Alameda County, California. confirmed, surveyed, and patented. While it is true, as held by the Supreme Court in Van Reynegan vs. Bolton (5 Otto, 33), that the right to make selection of the quantity granted rested exclusively with the Government, and could be exercised only by its officers, and that until segregation the grantee had the right of possession of the entire tract within which the quantity was to be measured, yet the discretion to be exercised by the officers charged by law with the execution of decrees in such cases was not arbitrary but reasonable, and was to be so exercised, in view of the record of the case, the situation of the land, the improvements and possession of the donees, and all other circumstances proper and necessary to be considered, as to fulfill the i ntent and requirements of the decree, and thus do substantial justice between the United States and the confirmees. For example, no survey would be deemed a proper one that excluded the improvements and actual possession of the donee against his selection of land thus improved and possessed, provided it was within the boundaries called for. Now, notwithstanding the donees of the grants of quantity in the case might have had the right of possession to the limits of the larger tracts, yet they did not object to the occupancy and possession of the Castros in this case. Why they per- mitted the Castros to occupy the land is not a matter of just concern of this depart- ment. The Castros received a concession of a tract of vacant, surplus land, and the claim thereunder has been confirmed, and the regulation of boundaries of the neigh- boring ranchos has developed such a tract in the place called for in the grant and decree. Beyond this it is not {Srofitable or pertinent to inquire. A tract or piece of land, no portion of which shall lie east of the western line of Acalanes, or sotith of the northern line of Mora ja, or west of the eastern lines of San Antonio and San Pablo, or north of the southern line of El Pinole, as tho&e lines have been established by the final surveys and patents of said ranchos, will substantially fulfill the decree, and do justice according to the record of the case as between the United States and the owners of the sobrante grant. The next question for consideration is, should the survey of El Sobrante embrace any portion of the Rancho La Boca de la Canada del Pinole ? As regards the La Boca tract, it is contended by the owners of the sobrante title that it was a part of the sobrante which existed April 23, 1841, and which on that date was granted to the Castros, and subsequently confirmed to them under the Act of 1851; that as it is the duty of the Surveyor-General to follow the decree of confir- mation, he has no right to look at the fact that said tract has been patented in -making surV'ey of the sobrante; that it is the duty of the Land Department, under the Act of 1864, to include in the survey all the lands included in the decree. Against this the owners of the La Boca tract refer to the fact that the survey of their claim was ordered into Court under the Act of 1860(12 Stats., 33); that the . owners of El Sobrante intervened in that matter and 'were made parties thereto; that the decree of the Court approving the final survey of that claim was entered by con- sent of all the parties; and that, therefore, the sobrante claimants are estopped from demanding that any portion of the La Boca shall be included in their survey, and your predecessor so decided. Cases are cited as supporting this proposition, As against this position, the sobrante owners, some of them at least, argue in Mexican Grants. 327 effect that under the Act of 1851 the Land Commissioners and Courts had no juris- diction to adjudicate upon title as between third parties, but only as between the United States and claimants; that the primary object of the said Act was to separate lands owned by private individuals from the public domain; that confirmation under the Act of 185 1 simply affirmed that the land embraced by the decree was private land; that the patent of the United States under said Act is but a relinquishment of claim, or a quit-claim, to the tract confirmed, and record evidence of the action of our Government upon the claim, operating by relation from the time when the claim was presented to the Board of Land Commissioners; that such patent is simply conclusive as between the United States and the claimants and the privies of the respective parties; that the District Court of California, under the Act of i860, had no greater jurisdiction, to say the least, than the tribunal created by the Act of 1851, for ascer- taining and settling private claims; that the matter before the Court under the Act of i860 was simply upon the question of the correctness of the survey, in other words, to determine the question as to whether the survey was an execution of the decree of confirmation, the same as that of the Surveyor-General now under the Act of 1864, or formerly under the Act of 185 1; that parties to proceedings before the Court upon approval of a survey under the Act of i860 are only bound by the decrees, and estopped as to the subject-matter before and within the jurisdiction of the Court, and that all questions of title between third parties, claiming under grants of Mexican origin were necessarily referred to the judiciary; and cases in support of these propo- sitions are cited. The foregoing statement is made in order to develop the positions of the con- tending parties in this matter. However; I do not think myself called upon, as I understand the case, to decide or express an opinion as to which is the correct one. It would undoubtedly be necessary to decide the question were it shown that the land patented as the La Boca de la Cafiada del Pinole was vacant, sobrante, land within the meaning of and embraced by the decree in the sobrante case. To my mind not only is this not shown, but it seems to me that the records of your office and of the Surveyor-General's office show beyond question that the land patented to the La Boca claimants was not vacant, sobrante, or surplus of any of the five ranches mentioned, existing z.s such April 23, 1841, within the true intent and meaning of the decree of confirmation of this case. The records prove with reasonable clearness that it was neither vacant nor sobrante at that time, and it was well said by one of the contestants in argument, that as the Government has patented the La Boca, the survey of the sobrante should not, in any view of the case, invade such patented territory except upon clear proof that the land so patented is embraced by the decree of confirmation to the Castros. The question whether the La Boca was vacant and sobrante or surplus land of any of the ranchos mentioned in 1841, and is embraced by the decree of confirmation, . is one to be determined by the officers or tribunal upon whom the duty of executing the decree is imposed by law; as only vacant, surplus land, within the meaning of the decree, can be surveyed. In the first place, the La Boca was not a grant of the surplus or sobrante of El Pinole, or any of the other ranchos mentioned as boundaries of El Sobrante. It was 328 History of Alameda County, California. not a.sobrante grant in any sense, according to its terms; but it was a grant of quan- tity to be surveyed within designated boundaries. The Land Commission record shows that Ignacio Martinez claimed to have received a grant of the place called El Pinole as early as 1823; he so represented to the Mexican authorities in 1834, stating that he had lost his title-papers, and solicitmg a renewal of the same. Record evidence was not found to support his allegations, and he was required to petition anew, which he accordingly did November 10, 1837! stat- ing that as he had mislaid or lost the grant issued to him in 1 823,' and as it was impossi- ble for him to make it appear that such a grant had been made, he was under the necessity of making a second petition. In this petition he described the land as "three sitios, which are 'Canada del Pinole,' and that which is called 'La Hambre,' straits of Carquinez, running towards the ' Mar de la Norte,' that is called the bay of Sonoma, adjoining the mouth of the same Canada del Pinole, as is explained in the adjoining plan." For reasons set forth in the petition he asked for an additional league. (Rec- ord of Evidence, vol. 1 5, p. 427.) Thus it will be observed there was nothing in the archives of the Mexican Gov- ernment in 1837 designating boundaries to the place known as El Pinole; and, as pro- ceedings on the petition of Martinez were pending in 1841, when the grant was made to the Castros, and were not terminated until June i, 1842, when the first and only recorded grant to Ignacio Martinez was issued, it follows that El Pinole had no bound- aries recognized by the Mexican Government in 1841, and consequently that the boundaries declared in the grant to Martinez, in 1842, are the true boundaries of EI Pinole, within which the four leagues granted to Martinez were to be surveyed, and within which the boundaries of quantity were to be regulated, as provided in the grant and decree in the sobrante case. That these boundaries did not include La Boca de la Canada del Pinole will appear from what follows. While proceedings were pending upon the petition of Ignacio Martinez, Felipe Briones, on the 24th day of July, 1839, petitioned for the grant of the place known by the name of El Pinole, stating that it was then more than ten years that he had pos- sessed said place, comprising three "sitios de ganado mayor," more or less, as desig- nated upon the plan accompanying the petition. Briones further alleged that he had built a house on the land prayed for, "planted a garden of much consideration, and cultivated some lands," by which and "some milking cattle " he had maintained his family, composed of eighteen persons. This petition was referred to Ignacio Peralta a Justice of the Peace, who reported thereon July 29, 1839, that the Rancho of El Pinole had been occupied by Don Ignacio Martinez since 1824, by order of the Governor /w tern., Don Luis Arguello, and that Briones, in his petition, did not make mention of the land that he (Briones) had occupied, called "El Corral de Galindo " where he kept his cattle, and hence that it would appear as though his petition operated injuriously by asking for the Canada del Pinole, and not stating that he held the aforesaid "Corral de Galindo." Peralta further reported that Briones went on the land under an arrangement with Martinez, entered into in 183 1, the parties "agreeine that their ends should meet;" that Briones "should assist at rodeos, and place his small houses immediate for company." The report of Peralta does not make it clear whether Briones intended to procure Mexican Grants. 329 a grant of all the land occupied by Martinez and himself, or only for that occupied by himself, giving the land he desired the wrong name. But the tract called "Corral de Galindo" embraced a part of the Canada of Pinole, and it is probable that Briones intended to ask for the land occupied by himself, known as well by the name of La Boca de la Canada del Pinole and San Felipe, as Corral de Galindo, as facts herein- after mentioned will show. Howe^^r this may be, the matter of the several petitions was pending when the Governor made the grant to the Castros, and was not finally settled until more than a year afterward by the issuance of grants to Martinez and the widow of Briones, respectively (Briones having died about the year 1840). That the Governor considered Briones entitled to the land occupied by him, and so decided before he issued a grant to Martinez; that Martinez so understood the matter, and acquiesced in the Governor's decision; and that it was well understood that the tract known as La Boca de la Canada del Pinole, in the possession of Briones, was not included within the exterior boundaries named by the Governor in his grant of El Pinole to Martinez, will appear from the following: — On the 1st of June, 1842, evidently having in view bbth of the petitions of Martinez and Briones, and of the report of Peralta, the Governor, Alvarado, who made the grant to the Castros, issued a grant to Ignacio Martinez. In the concession of that date, the tract within which the quantity was to be surveyed was described as "commencing at the mouth of the Canada del Pinole, eastwardly along the same until it adjoins with the Corral de Galindo, from this place to La Canada de la Ham- bre, and from thence to the straits of Carquinez." In the formal title issued the same day the four square leagues granted were to be surveyed within the following boundaries: "By the name of Pinole its limits being- from the mouth of the ravine (Canada) of the same name, in an easterly direction by the same until it joins with the ' Corral de Galindo;' from this place to the Canada de la Hambre, and along the same to the Straits of Carquinez, the boundaries to termi- nate at the mouth of said Caiiada del Pinole into the Bay of San Francisco." Evidently this description was not to include the "place"' called "Corral de Galindo," otherwise La Boca, etc. The ravine (Caiiada del Pinole) was to be followed until it adjoined with the "Corral de Galindo; from this place to the Caiiada de la Hambre," etc. The same facts appear, and are placed beyond doubt by the language of the grant to the widow Briones, made twenty days after the grant to Martinez. The grjint to Maria Manuela Valencia, widow of Briones, was made upon her peti- tion of the 8th of June, 1842, in which she set forth inter alia that she was the "widow of the late Felipe Briones, and established in the mouth of the Canada of Pinole (en la Boca de la Canada del Pinole);" that for more than eleven years she had "lived in peaceable possession of said place, with a considerable amount of stock, consisting of four hundred head of cattle, having also an adobe house, and more than one thousand grapevines, together with some fruit-trees;" and she prayed the Governor to concede to her "the legal ownership of the said place, containing three square leagues, as shown by the accompanying diseno." The accompanying diseno distinctly called for the land of Ignacio Martinez as a northwestern, northern, and northeastern boundary (see Record of Maps, vol. 2, p. 489). Her allegations accorded with those of her 22 330 History of Alameda County, California. husband in his petition of 1839 as regards possession and the length of time that the Briones family had occupied the place, as also with the report of Peralta upon the peti- tion of Briones. The widow's petition, having been referred to the proper judge for investigation and report, was presented to Ignacio Martinez, adjoining owner, who stated concerning the same, June 13, 1842, as follows: "The. Sefiora Manuela Valencia, who petitions for the place, as shown by the annexed diseno, is worthy of being heard, and what she asks may be granted to her, since it does not prejudice my land!' (The underscoring in the foregoing quotation is my own.) On the 14th of the same month, the Judge to whom the petition was referred, Guillermo Castro, reported that, in view of the report of Ignacio Martinez, the tract asked for might be granted to the petitioner. On the 2 1st of June, 1842, the land was granted to the widow of Briones, the Governor stating that, in view of the petition, the foregoing reports, "and all other matters necessary to be considered (the other matters necessary to be considered undoubtedly included the former petition of Briones and Peralto's report thereon). Dona Maria Manuela Valencia is declared owner of the place named in Boca de la Canada de Pinole, bounding with the Rancho of Don Ignacio Martinez, with that of Don Julio Wil, and with that of Candelario Valencia;" and in the formal grant of the same date the land is described by the same boundaries, being limited in the third condition to three square leagues, as shown by the disefio annexed, the sobrante remaining to the convenient uses of the nation. (Exhibit 32, Adams, from the archives in the Surveyor-General's office.) In bounding the general tract out of which the quantity .should be surveyed to Mrs. Briones with "the Rancho of Don Ignacio Martinez," the boundaries of El Pinole, as declared by the Governor a few days before in the grant to Martinez, were unquestionably meant. When this claim was before the District Court upon petition for confirmation, the testimony of Josd de Jesus, son of Ignacio Martinez, was taken. Being asked. what he knew in regard to the boundaries of the tract, the witness stated that on the north it was bounded by the Rancho of Ignacio Martinez, father of the witness, called El Pinole; that the original map {disefld) was made by him in 1841, and that it was correct; that it was the original map presented by Dona M. M. Valencia to the Governor when she petitioned for the land, and that he made it for that purpose; and that when he made it the houses, corral, and garden were on the Rancho as repre- sented on the map. The witness further stated that he became acquainted with the boundaries of La' Boca by going over the land with a son of Mrs. Briones for the purpose of making the map; that he had lived on his father's Rancho since April, 1830, and ridden over the La Boca Rancho "thousands of times," and that he was well acquainted with everything connected with it. (Exhibit 58, Blum, from archives in Surveyor-General's office.) From the foregoing I conclude that the La Boca Rancho was not within the boundaries of El Pinole as established by the Governor's grant in 1842, the first official definition of the exterior boundaries of that place. And taking the facts above stated in connection with the testimony of William Richardson (vol. 5, 245, Evidence), C. Briones, and Napoleon B. Smith (vol. 4, pp. 561 and 720, Evidence), delivered to the Board in the case of El Pinole, and the location of the tract called Mexican Grants. 331 Corral de Galirido, and the Cuchilla de Chemisal, as laid down on the connected map hereinbefore mentioned and on the official map of Mr. Minto's survey, it would appear that the northern patented litie of La Boca very nearly represents the calls of the grant and decree in the Pinole case for Pinole's southern exterior boundary in this locality. It follows, therefore, that La Boca was not surplus {sobrante) of El Pinole, and as the District Court decreed the claim of Mrs. Briones to be good and valid to the land known by the name of " La Boca de la Canada del Pinole" to the extent of three square leagues " within the boundaries so described in the grant and map on file in the records," and as the grant and diseHo call for Acalanes and Pinole for bounda- ries, and as Acalanes calls for Pinole as one of its boundaries, it necessarily follows, from the situation of these several grants, that La Boca was not surplus of any of the five grants mentioned in the grant to the Castros of 1841, the presumption of law being that La Boca was located within the boundaries called for in the decree of confirmation. -Again, La Boca was not vacant land in 1841, within the meaning of the decree of confirmation in the sobrante case. The evidence in the case of the La Boca upon peti- tion for confirmation, as well as that of Josd de Jesus Martinez, hereinbefore referred to, and that of Peralta in his report, show a continued occupancy and possession from about 1831 till long after April, 1841, by the Briones family, the widow continuing in occu- pancy and possession after the death of her husband, and that the land was improved by them as alleged in the petitions therefor of 1839 and 1842. It was the very land occupied and in the possession of her husband that Mrs. Briones petitioned for, and it makes no difference whether it is called La Boca de la Canada del Pinole, San Felipe, or Corral de Galindo. In the opinion of the Board in that case, it was stated that the depositions on file showed a long residence on the land by the grantee, and established very clearly a substantial compliance with the conditions of the grant, and that the only obstacle to confirmation was to be found in the proof of boundaries. The decree of the Board rejecting the claim was reversed by the District Court, and the claim was decreed to be good and valid, and it has been surveyed and patented accordingly. It was manifestly against the policy of the Mexican Government to grant lands to one party that were improved and in possession of another; and petitions were referred to the proper magistrate for the purpose of ascertaining whether they called for lands occupied by others. In the very matter of the petition of Martinez it is seen that, although he asked for land by the name of a place that might have embraced the establishment of Briones, and Briones had no grant from the Government, yet the possession of Briones was recognized as well as that of Martinez, and the land possessed by him was carefully excluded from the grant to Martinez. Now, as the Governor recognized and protected the possession of Briones; as that possession was continued by his widow, and was of the same land; as proceed- ings were pending before the Government for a grant of this land at the time of the grant to the Castros; as upon the death of Briones the claim for the grant was con- tinued in the name of his widow, she alleging the possession that had continued since 1831; and as the grant to the widow was made in view of all the proceedings men- tioned, and necessarily in consideration of the uninterrupted possession of the Briones 332 History of Al^me;pa County, California. family since 1831, it follows that the possession was not a trespass. The presumption is that the final survey followed the decree of confirmation; that it embraces the quantity of land thus possessed as limited in the decree; that it correctly shows the boundaries thereof, and that the land was surveyed within the boundaries mentioned in the decree; and, as the possession which continued from 1831 was not a trespass, it extended to the boundaries of the claim as surveyed and patented; all of which results in this conclusion: That in 1841 the land surveyed as the Rancho La Boca de la Canada del Pinole was not vacant. Finally, it seems to me that the Mexican authorities, having jurisdiction in the premises, decided, in 1842, that the land known as La Boca de la Canada del Pinole was not embraced within any former grant. The reference of the petition of Mrs. Briones to the auxiliary Judge of Contra Costa required him to report whether "the land referred to belonged to any individual, with all other matters that may be necessary." His report, as well as that of Martinez, and that of Estrado, the Seflor Prefect of the district, and the action of the Governor thereon in making the grant to Mrs. Briones, which, he stated, was in consideration of those reports, and all other matters necessary to be considered, amounted to a decision that the land granted was not included in any former grant. In view of the facts and the legal conclusions relative to this matter, it would be just as consistent to hold that the land surveyed under the grant to Martinez was vacant sobrante land in 1841, as to hold that that which was surveyed under the Briones grant was vacant sobrante land at that time; and the survey of El Sobrante might as well include the one tract as the other. The grants of Pinole and La Boc i are precisely similar in character, and were virtually the result of the final determina- tion of the same proceedings before the Mexican Government pending and undecided April 23, 1 841. I therefore decide that no part of the Rancho La Boca de la Canada del Pinole should be embraced in the survey of the Rancho El Sobrante. The Minto survey not only embraces the larger portion of the La Boca, but also a small part of the Rancho Laguna de los Palos Colorados (Moraga's claim), as patented, and does not include all of the land embraced in the decree as herein con- strued. It is therefore set aside. The remaining question is with regard to the tract marked " No. 7" on the Board- man map, and as public land on the Minto plat of survey of El Sobrante. I do not consider that that tract lies between the five ranchos mentioned, within the meaning of the decree, and it will accordingly be excluded from the final survey. You will therefore direct a new survey to be made of the following boundaries: Beginning at post S. P. No. 67, at the terminus of course No. 195 in the patented line of the San Pablo Rancho; thence in a direct line to post P. R. No. 4, terminus of course No. 4, in the patented line of El Pinole Rancho; thence with the patented line of El Pinole to a point therein at which the westernmost line of the Rancho La Boca de la Canada del Pinole as patented extended northwardly intersects said line of El Pinole; thence with the patented line of the Rancho La Boca de la Canada del Pinole to the point at which the western patented line of Acalanes intersects the same; thence with, the said line of Acalanes to the north patented line of the Rancho Laguna de Mexican Grants. S33 los Palos Colorados; thence with the last-named line and the same extended west to the eastern patented line of the Rancho San Antonio; thence northward with the patented lines of the RanchOs San Antonio and San Pablo to the place of beginning. The decision of your office is modified accordingly, and the papers of the case are herewith returned. Very respectfully, S. J. KiRKWOOD, Secretary. This decision has been confirmed by Secretary Teller, and cannot be further opened. TABLE OF LAND CLAIMS. Domingo and Vicente Peralta, claimants for San Antonio, granted August i6, 1820, by Don Pablo Vicente de Sala to Luis Peralta; claim filed January 21, 1852, confirmed by the Commission February 7, 1854, by the District Court January 26, 1855, and by the Supreme Court in 19 Howard, 343; containing 18,848.98 acres. Patented, February 10, 1877. Josd Dolores Pacheco, claimant for Santa Rita, granted April 10, 1839, by Juan B. Alvarado to J. D. Pacheco; claim filed, February 21, 1852, rejected by the Com- mission, April 25, 1854, confirmed by the District Court August 13, 1855, and decree afifirmed by the United States Supreme Court in 23 Howard, 495; containing 8,894.01 acres. Patented March 18, 1865. Jos6 Noriega and Roberto Livermore, claimants for Las Positas, two square leagues, granted April 10, 1839, by Juan B. Alvarado to Salvio Pacheco; claim filed February 27, 1852, confirmed by the Commission, February 14, 1854, and by the District Court February 18, 1859; containing 8,880 acres. Patented May 25, 1872. Fulgencio Higuera, claimant for Agua Caliente, two square leagues, granted October 13, 1836, by Nicolas Gutierrez, and April 4, 1839, by Juan B. Alvarado, to F. Higuera; claim filed February 27, 1852, confirmed by the Commission February 14, 1854, and appeal dismissed November 24, 1856; containing 9,563.87 acres. Patented April 17, 1858. Jos6 de Jesus Vallejo, claimant for Arroyo del Alameda, four square leagues, granted August 30, 1842, by Juan B. Alvarado to J. de Jesus Vallejo; claim filed March 2, 1852, confirmed by the Commission October 18, 1853, by the District Court March 2, 1857, and appeal dismissed July 28, 1857; containing 17,705.38 acres. Patented January i, 1858. Juan Jos6 Castro, claimant for El Sobrante, eleven square leagues, granted April 23, 1841, by Juan B. Alvarado to J. J. Castro; claim filed March 9, 1852, confirmed by the Commission July 3, 1855, and appeal dismissed April 6, 1857. Andres Pico et al., claimants for Mission San Jose, 30,000 acres, granted May 5, 1846, by Pio Pico to Andres Pico and Juan B. Alvarado; claim filed March 22, 1852, fconfirmed by the Commission December 18, 1855, and rejected by the District Court June 30, 1859. ^^* History of Alameda County, California. Jos^ Maria Amador, claimant for San Ramon four square leagues and eighteen hundred varas, granted August 17, 1835, by ]os6 Figueroa to J. M. Amador, claim filed March 23, 1852, confirmed by the Commission August i, 1854, by the District Court January 14, 1856, and appeal dismissed January 10, 1857. Patented March 18, 1865. Antonio Sufiol et ai, claimants for El Valle de San Jose, described by bound- aries, granted April 10, 1839, by Juan B. Alvarado to Antonio Maria Pico et al., claim filed May 18, 1852, confirmed by the Commission January 31, 1854, by the District Court January 14, 1856, and decision of the United States Supreme Court as to the right of appeal in 2q Howard, 261; containing 48,435.92 acres. Patented March 15, 1865. Josd Joaquin Estudillo, claimant for San Leandro, one square league, granted October 16, 1842, by Juan B. Alvarado to Joaquin Estudillo; claim filed May 31, 1852, confirmed by the Commission January 9, 1855, by the District Court May 7, 1857, and by the U. S. Supreme Court; containing 6,829.58 acres. Patented July I5> 1863. Tomas Pacheco and Augustin Alviso, claimants for Potrero de los Cerritos, three square leagues, granted March 23, 1844, by Manuel Micheltorena to T. Pacheco and A. Alviso; claim filed May 31, 1852, confirmed by the Commission February 14, 1854, by the District Court October 29, 1855, and by the United States Supreme Court; containing 10,610.26 acres. Patented February 21, 1866. Antonio Maria Peralta, claimant for part of San Antonio, two square leagues, granted August 16, 1820, by Pablo V. de Sola to Luis Peralta; claim filed June 18, 1852, confirmed by the Commission February 7, 1854, by the District Court December 4, 1855, and appeal dismissed October 20, 1857. Patented February 3, 1858. Ignacio Peralta, claimant for part of San Antonio, two square leagues, granted August 16, 1820, by Pablo V. de Sola to Luis Peralta; claim filed June 18, 1852, con- firmed by the Commission February 7, 1854, by the District Court January 13, 1857, and appeal dismissed April 20, 18.57. Patented February 10, 1877. Guillermo Castro, claimant for 'part of San Lorenzo, six hundred varas square, granted February 23, 1841, by Juan B. Alvarado to G. Castro and for San Lorenzo, six square leagues, granted October 24, 1843,- by Manuel Micheltorena to G. Castro; claim filed July 8, 1852, confirmed by the Commission February 14, 1853, by the District Court July 6, 1855, and appeal dismissed January 16, 1858. Patented April 14, 1877. Barbara Soto et al., claimants for San Lorenzo, one and a half square leagues, granted October 10, 1842, by Manuel Micheltorena and January 20, 1844, by Juan B. Alvarado to Francisco Soto; claim filed January 22, 1853, confirmed by the Commis- sion April 24, 1855, by the District Court April 23, 1857, and appeal dismissed April 29, 1857. Patented February 14, 1865. Mexican Grants. 335 Archbishop Joseph Sadoc Alemany, claimant for Mission San Jos6, in Alameda County, founded under Carlos IV., June ii, 1797; claim filed February 19, 1853, con- firmed by the Commission December 18, 1855, appeal dismissed in Northern District, March 16, 1857, and in Southern District March 15, 1858; containing 28.33 acres. Patented March 3, 1858. Guillermo Castro, claimant for land granted January 14, 1840, by Juan^ B. Alvarado to G. Castro; claim filed March 2, 1853, rejected by the Commission, May IS, 185s, and appeal dismissed for failure of prosecution March 9, 1857. Charles B. Strode, claimant for part of San Antonio, 5,000 acres, granted by P. V. de Sola and Luis Antonio Arguello to Luis Peralta; claim filed March 2, 1853. Discontinued. Charles B. Strode, claimant for part of San Antonio, 10,000 acres, grantedjby P. V. de Sola and Luis Antonio Arguello to Luis Peralta; claim filed March 2, 1853. Discontinued. TABLE Showing the Number of Land C.^vimissitner Claims, Name of Ranch, Name of Confirmee, Number ]of Acres, and Date of Patent of the Different Spanish and Mexican Grants in Alameda County, Supplied by the Surveyor- Genbral of California. ' No. 273 ■ 4 274 256 285 524 78 82 79 6og no 77 258 128 60 231 Name of Ranch. San Antonio San Antonio San Antonio San Leandro San Lorenzo San Lorenzo Agua Caliente Arroyo de la Alameda. . . Cafiada de los Vaqueros . Mission of San Jos6 Mission of San Jos^ El Pescadero Las Positas Potrero de los Cerritos San Ramon Santa Rita Valle de San Jos6. Name of Confirmee. Ygo. Peralta V. and D. Peralta A. M. Peralta J. J. Estudlllo Barbara Soto, et al Guillermo Castro Fulgencio Higuera J. de Jesus Vallejo R. Livermore and Noriega. Bishop Alemany Andres Pico and Alvarado . A. M. Pico and H. Nagle. . R. Livermore, J. Noriega. . A. Alviso and D. Pacheco. . J. M. Amador Yountz Administrator . Sunol & Bernales Area of Private Grants. Area of Public Land . Total Area in Acres . . Acres. 9,416 .66 18,848.98 15,206.59 6,829.58 6,685.85 26,722 .52 9.563-87 17,705-38 2,080.00 28.33 89.00 8,880.00 10,610.26 6,040.00 8,894,01 48,435 .92 196,036.95 275,963 -05 472,000 .00 Remarks. Patented, February 3, 1858. " February 10, 1877. " June 25, 1874. " July 15, 1863. " April 14, 1877. " February 14, 1865. " April 17, 1858. " January I, 1858. Before the U. S. Surveyor-General (Part in Contra Costa County.) Patented, March 3, 1858.. Rejected, June 30, 1859. Patented, March 10, 1865. (P.-.rt in San Joaquin County.) Patented, May 25, 1872. " February 21, 1866. March 18, 1865, (Part in Contra Costa County.) Patented, March 18, 1865. " March 15, 1865. 336 History of Alameda County, California. THE CRIMINAL HISTORY OF ALAMEDA COUNTY. AND the Lord said unto Cain, Where is thy brother? And he said, I know not: am I my brother's keeper ? And he said, what has thou done ? The voice of thy brother's blood crieth unto me from the ground. And now art thou cursed from the earth, which had opened her mouth to receive thy brother's blood from thy hand; when thou tillest the ground, it shall not henceforth yield to thee her stfength; a fugitive and a vagabond shalt thou be in the earth." Thus is graphically given us on the page of divine history the record of the first murder that ever the sun shone upon or the eye of God looked upon, and the woful curse pronounced upon the author of that foulest of all crimes by the Supreme Judge of the universe. And how tenaciously has that curse followed the generations of life-takers down from Cain to the present day. "A fugitive and a vagabond shalt thou be in the earth!" How natural when a man has taken that from a fellow-man which no power of his can restore, no amends make any adequate reparation, has taken his life and shed his blood, to become a fugitive! The first impulse is to flee. A power he knows not of until the horrid deed is done impels him on, and ere he is aware he has become a fugitive. And he becomes a vagabond too! No matter if the lax operations of the Courts allow him to return to society, the deed has been committed, the blood is on his hands just the same, and all who know him can see it. He can see it, too, far more plainly than others, for it is burned into his consciousness by, the flaniing tongue of conscience, a chasm is riven between him and human society, and wherever he goes, if it is known that he has blood upon his hands, the finger of humanity is pointed at him, and he hears the voice of outraged and, oftentimes, cheated justice, exclaiming in loudest tones: "He is a murderer!" The vengeance of the Author of mankind justly follows him up who presumes to take the life of a human being — a being created in the image of the Divine Creator. After the waters of the flood had subsided, and the genera- tions of men were again starting out to run the course of destiny, God spake to Noah and his sons, saying: "And surely your blood of your lives will I require * * * at the hand of every man's brother will I require the life of man. Whoso sheddeth man's blood, by man shall his blood be shed; for in the image of God made he man." And when the people of his choice were upon the road to enter the rich inheritance which had been given to their fathers hundreds of years before, he caused them to halt, and amid the thunderings of Sinai he declared to them in language explicit, simple, and grand: "Thou shalt not kill." And when the great master, Jesus, came, he embraced all law, all gospel, and all ethical codes into one grand, glorious sentence which stands emblazoned upon the sacred page in letters of living light, and which shall shed forth rays of brightest effulgence all down the ages of the great eternity of God when time shall 'have ceased, and only immortality exists: "Whatsoever ye would that men should do to you, do ye even so to them." On the leaves of a leather-bound memorandum-book, found in the heart of an Arizona desert, the following self-reproaches and self-accusations were written in pencil. ■Criminal History of the County. m Near by it the half-decomposed remains of a human being — a murderer — whose cUrse had truly been more than he could bear. How he suffered let his own simple story relate, as placed on record by the same hand that had sent a human soul unprepared into the presence of its Maker: — ■ " Blood on my hands ! A blur of crimson before my eyes ! The skies are brazen above me. The sun is sick with g6re. The winds from the desert shriek at me — shriek and howl; and this one word only do they wail in my ears — this dreadful word, 'Murder!' I stop my ears with my hands; I cry aloud to drown their wailing voices; I cannot drown it; I cannot keep it out. It pierces me — pierces me through and through. " What is it? I am bewildered. Why am I flyihg as one who seeks the ends of the earth? Yesterday earth had no h6rror for me. The winds were only winds^ not demon voices. Ah, now I recollect. God pity me! Pity? I forgot! He can only curse me. Annihilate me, O God! Blot me out from the universe. TAai would be pity. "It all comes back to me now. It is seared in my brain. The long search for the mine; the days in the desert, in the mountains; and then, behind that hill that overlooks the ' Valley of Death,' the vein of white, shining silver — wealth for a king. Then it swept over me — my years of poverty and toil, the cold sneer of the rich as they saw my penury — and here was wealth. I would have it all — aU. Not even my partner should share the treasure. I was mad. He stooped to pick up the precious metal, and I struck him — kim, the friend of my toils, and one who had never failed me — him, who had shared his food with me, who had slept upon the desert, in the mountains, under the same blanket; who had nursed me in sickness — I struck Aim to the earth. God, I was mad! Then I was alone with my wealth; with my wealth — ah! and the dead. I had not thought of the cold, still face that would lie there a/Ur the. blow; of the sightless eyes staring to heaven. TAen the madness left me. I threw myself beside him; prayed him to awake; felt for the heart-beat. Dead — dead. O my God ! Dead ! the friend of my toils. And I was a murderer — a murderer!" Here some leaves were missing, and the next entries legibly represent him as a veritable vagabond: — " Chin with guilt and fear, White from curse and scorn, Out to the wilderness drear He stumbles through brier and thorn, With a smitten face to haunt him, Beckoning toward the west. Touching him here and there With a bruise of a ghastly stain, Stinging his numb despair To the jagged quicks of pain. " " Wandering, still wandering. Earth has no rest for my feet; and I am so weary ! When I step the earth spurns me, and the pitiless skies cry: 'On! On!' Starving! Penniless! and there, back there, is wealth untold. Yet I dare not seek it, dare not tell of it; for there, too, is that cold, still face with the sightless eyes gazing at the heav- ens, and the red blood crying, ever crying to God. I wander on, and I can feel upon my brow a brand like Cain. It is a brand of blood — hot, burning blood. I walk among men and I feel that they must see it — it is there. I pull my hat over my brow — closely; oh, so closely — down to my eyes, but they must see it. The, brand of Cain! 338 History of Alameda County, California. The brand of Cain! O God, it is upon me! For days I have wandered in the mountains, thirsting, hungering, trembling at the stir of a leaf. Yet death comes not to me. The wild beasts avoid me. The savages pass me by, and harm me not I suffer, faint — -but do not die." How vividly has Thomas Hood been inspired to portray the feelings of a man whose hands have b^en imbued with a fellow-man's blood, and whose heart-throb has been stilled by one fell blow. Ay, indeed: — I. And how the sprites of injured men Shriek upward from the sod; Ay, how the ghostly hand will point To show the burial clod; IL And tell how murderers walk the earth Beneath the curse of Cain, With crimson clouds before their eyes, And flames about their brain; For blood has left upon their souls Its everlasting stain ! ***** IIL One that had never done me wrong — A feeble man, and old; I led him to a lonely field, The moon shone clear and cold: Now, here, said I, this man shall die, And I will have his gold: IV. Two sudden blows with a ragged stick. And one with a heavy stone, One hurried gash with a hasty knife — And then the deed was done ! There was nothing lying at my foot But lifeless flesh and bone ! A dozen times I groaned — the dead Had never groaned but twice ! But lo! the universal air Seemed lit with ghastly flame — Ten thousand thousand dreadful eyes Were looking down in blame; I took the dead man by his hand And called upon his name. ***** VI. My head was like an ardent coal, My heart as solid ice; My wretched, wretched soul, I knew, Was at the Devil's price; VII. Then down I cast me on my face, And first began to weep. For I knew my secret then was one That earth refused to keep; Or land or sea, though he should be Ten thousand fathoms deep. VIII. So wills the fierce avenging Sprite, Till blood atones for blood ! ' Indeed this love of crime is a fatality that would appear to follow the Indian into his partial civilization, the Mexican-Spaniard from his native clime, the Anglo- Saxon from his far-off land, and the Mongolian from his Flowery Kingdom. All would seem lost to the natural cry which springs alike from instinct and religion, for chilling murders are not committed by the violent and passionate alone; we might almost say, would that they were, then would the horrid deed be confined to the crouching assassin and the hellish act of suicide be the work of the insane. But human nature is various and confusing in its many failings; temper will outstrip dis- cretion, a blow will be struck, a shot fired, and life will be sacrificed, and though escape of present punishment may be effected, happily it is assured that a dread fear of detection in the future will haunt the criminal, for it is truly said, " conscience doth make cowards of us all." 1853. — The first serious criminal act that we have been enabled to trace as having been committed in Alameda County took place shortly after its segregation from Contra Costa and Santa Clara, and was the shooting of Albert Scott. Criminal History of the County. 339 This man was shot by Franklin Uray on September 9, 1853. From the evidence eUcited before the Justice of the Peace it would appear that the parties were residents of Clinton Township. Uray being a farmer, and the land which he occupied being' in dispute. Scott was 'employed to guard a fence erected on Uray's claim, which the latter tore down, when a dispute ensued, resulting in the shooting of the former. The Justice of the Peace did not think the case of sufficient gravity to commit Uray for trial. On October 20, 1853, a man named Henry Colvin was shot by Frank Hale, near San Leandro Creek. From the evidence adduced it seems that the parties had been disputing, when Colvin pursued Hale with a club, striking him several' times, when the latter turned round and shot him. Hale was discharged by the Justice, and a verdict of " self-defense" recorded. The next case is that of the shooting of Henry Blake by Charles Martinez on August 7, 1853. At the preliminary examination had before the Justice of the Peace, bail was fixed at five hundred dollars, and from the evidence then heard it would appear that Blake and some others went to the house of Martinez, when a quarrel ensued and there the shooting took place. 1854. — Among the criminal papers of the year 1854, evidence was taken before the Justice of the Peace on March 14th of shooting at Constable Carpenter by J. B. Heap. The crime took place at the " Gate House," in Clinton Township, where the constable was called to quell a disturbance, the inmates having a dance, and being all more or less drunk and disorderly. It does not appear, however, that Carpenter was hurt. On June 15, 1854, Antonio Garcia, Domingo, Marshall, and William McCoy were complained of as the murderers of William Wettig. It seems that these men had gone to the foot-hills to hunt cattle-thieves, and from the statements made in evidence by them, came upon Wettig, with freshly-killed beef upon his horse. They made accusation, which resulted in a quarrel, when one of the Spaniards, Domingo, killed him, and then made his escape. Garcia, McCoy, and Marshall were appre- hended, and the last named held to answer as an accessory before the fact. Some- where, about this date George Zimmerman, Charles Wilson, and Israel C. Townley had a preliminary examination in the matter of an assault with intent to take the hfe of John C. Pelton, at San Leandro, the dispute being in regard to the ownership of some hogs. Wilson and Zimmerman were held to answer, bail for the former being fixed at seven hundred dollars, and one thousand for the latter. 1855. — On July 7, 185s, we find \.\i-aX John Doewz.s indicted for the killing of John Fanning; while, at the same term, a man called "Mack" (his other name being unknown), and H. Hastings were indicted for killing Peter Rochblam, and Amada Canute, on or about the 23d or 24th August of the previous year. Among the crim- inal papers, we find the case of the People vs. Hosea (possibly meant for Jos6) Antonio. This individual was indicted by the Grand jury at a Special Term of the Court of Sessions, held August 17, 1855 (the minutes of the Grand Jury accompany the papers) for killing Joqquen {sic) by stabbing him in the back. The indictment was set aside on motion of defendant's counsel, Benjamin Williams, on the ground that the County Judge had no authority of law to call a Special Term of said Court. The defendant gave bonds for his appearance to answer any indictment that might be found by a regularly constituted Grand Jury. 340 History of Alameda County, California. 1856-1857. — There is now either a discontinuity in the records or a reign of terror signalized, for there appear to have been no very serious crimes committed in the county during the next two years. 1858. — On May 10, 1858, a man nained Cruz was indicted for the tnurder of one Frederico; was tried at the July term of the Court of Sessions and found not guilty. We also find that there was a criminal case, entitled the People vs. Francisco Routires, recorded in this year, but there are no documents on file to show what the circumstances of the affair were. A reward was offered by Governor John B. Weller> November 25th of this year, for the arrest of the murderer of Ciriaco Sacre, a Chileho, who was cruelly slain on a little island near Alvarado about eighteen months pre- viously. 1859. — On April 11, 1859, there commenced a trial for murder, before the Third District Court, at San Leandro, Judge McKee presiding, in which great public interest was manifested. The circumstances which led to the case of the people vs. Thomas Seale, took place in Santa Clara on January 6, 1859. It would appear that Scale and a family named Shore were joint proprietors of a certain portion of the Rinconada de San Francisquito Rancho in that county. Each had bought out an interest in the ranch — Seale holding several shares and the Shores had bought out but one heir, the property remaining undivided between them. But Seale had gone on to the premises, had improved and inclosed a large body of the land, a thousand acres or more, and was in the enjoyment of it — in fact had appropriated to his own use land that was common property. On the date mentioned above, Richard E. and Paul C. Shore, assisted by a youth named Lewis, were putting up a house on these lands, when Thomas Seale and S. J. Crosby came up and an altercation ensued between Seale and Richard Shore. In the meantime there appeared on the scene one Alexander Robb. Continuing his work, Richard Shore stepped up on a bench, when he was pitched off by Seale. Shore then ordered him to keep back, when Seale drew a pistol half-way out of his pocket. Near by, Paul C. Shore was standing leaning on the handle of an ax. Seeing him, Seale ordered him to put down the ax in very rough language, which was not complied with, when Seale made for him with the drawn pistol, he received a blow from the ax, and dropped his pistol, for which a grab was made by Crosby and Robb, Seale then drew another weapon, and firing, it took effect, the victim never afterwards speaking. Seale then went to San Josd and gave himself up to the authorities, while Cipsby and Robb were apprehended as accessories. At the session of the Grand Jury which convened in the month of March, true bills were found against Seale and Robb, but that against Crosby was ignored. During the session of the District Court at San Jos4 on Monday, March 28, 1859, the case of the people vs. Thomas Seale and Alexander Robb, indicted for the murder of Paul C. Shore, being set for the following day, an indiscriminate shooting affray took place, which resulted in the death of S. J. Crosby, the Coroner's jury finding that the deceased came to his death by three or more shots from pistols, by the hand of Thomas Shore or Richard Shore. But this was not the end of this bloody chapter. While the tragedy last mentioned was being performed without the Court House, ode Criminal History of the County. 341 of a nature still more painful was being acted within. L. Posey Fergusson, a miner from Gra^s Valley, who visited San ]os6 to accompany an old friend home to Missouri, had entered the court-room and was listening to the proceedings, when firing was heard. Remarking, "What does that mean?" he went towards the door and got upon a bench, when a ball from the outside, after passing through planking three inches and a quarter in thickness, struck him on the breast, when he cried out to a friend named Stewart, standing by, "John, I am a dead man !" He stepped back a few paces, then sank on a bench, and died in half an hour. The Coroner's jury found that the shot had been fired by the hand of Samuel J. Crosby, at certain persons standing in front of the Court House. Under these circumstances it was deemed advisable to change the scene of trial from Santa Clara to Alameda County. After a trial lasting five days the jury failed to agree on a verdict, therefore another jury was immediately impaneled, and after three days trial the case was given to the jury, who, after occupying two days more, returned a verdict of " Not guilty." In 1859, we ascertain from the records that Miguel Marquis was tried for the crime of murder when, October 9th, a verdict of guilty was rendered. He was sen- tenced to be hanged on the 25th of November, but a new trial being granted, he was convicted, at the July term, of murder in the second degree and sent to the State Prison for life. On December 2, 1859, Ventura Aipen stabbed to death Marcus Castillo, and was indicted under the name of "Ventura" at the January term following. He was tried, found guilty of manslaughter, and sentenced to two years in the State Prison. i860. — At the September term of the Court of. Sessions Ah Path was indicted for stabbing and cutting to death, in Oakland, How Sam on September 9, i860, the cause of quarrel being a sum of money owed Ah Path by How Sam. The slayer was tried, found guilty of murder, and. sentenced to be hanged January 11, 1861. Mean- while a motion for a new trial was made and denied; the case was then appealed, to the Supreme Court, who affirmed the judgment of the Court below. On November 19, i860, Ramon Romero was indicted for the crime of murder, was tried and convicted at the November term of the District Court, i860; found guilty and sentenced to be executed on January i, 1861; but on a new trial being granted he was acquitted, November 22, 1861. He subsequently found his way to Sacramento, where he was guilty of killing another man with a knife. 1861. — In the Court of Sessions of the city and county of San Francisco, at the February terni, 1861, James H.. Hardy was indicted for aiding and abetting the killing of Samuel NewelLby Horace Smith, on January i, 1861. Motion for a new trial was ii)ade and granted and the cause transferred to Alameda County, where it, was tried and a verdict of " not guilty" rendered. At the January term of the Court of Sessions in this year, Edward W. Bonney was indicted for stabbing to death Augusto G. Hirsch on January 13, 1861. The case came to trial in July following, and on, the 27th of that month a verdict of "guilty of murder in the first ■ degrpe as charged in the indictment" was rendered. Motion fo^. arrest pf judgment and a new trial was made and overruled by thp Court, and on 342 History of Alameda County, California. August 2d, he was sentenced to be hanged on September 7, 1861. An appeal was taken to the Supreme Court, the judgment affirmed, and date of execution again fixed for April 25, 1862, but a respite of fourteen days was granted by Governor Stanford. He was ultimately executed May 9, 1862. Both parties were residents of San Fran- cisco and had been friends. The hanging of Bonney was the first legal execution for any crime that ever took place in Alameda County. He died protesting his innocence although the evidence against him was very conclusive. We do not learn of any blood-shedding during the year 1862, but the year fol- lowing takes up its gory legend. 1863. — On November 12, 1863, a quarrel occurred at San Antonio (Brooklyn) which resulted in the death of Juan Andrada, a Chilean, by the hand of ]os6 Pizarro (Cosa), a Mexican. It commenced about a small bill ; from words it proceeded to a hand-to-hand fight. The parties were separated by the spectators, when Pizarro went away, but returned in about half an hour armed with a bowie-knife. He found Andrada in the kitchen of Cruz Edilla, opposite the hotel then kept by Tom. Hill, and demanding his hat from him was answered that he knew nothing about the som- brero. Pizarro then dragged Andrada through the door, when in the tussle that fol- lowed both fell to the ground from the outside platform, some three or four steps high. As they got lip Pizarro stabbed his opponent with the bowie-knife under the left arm outside of the chest, running upward and slightly inward, severing the subclavian artery and vein of the arm. Andrada did not live three minutes. Pizarro was duly tried at the January term, 1864, found guilty of murder in the second degree, and on being recommended to the merCy of the Court, February 20, 1864, was s'entenced- to4mpris- onment in the State Prison for ten years. Save the lynching of a Mexican at Alvarado on November 23, 1863, there is no further criminal record for this or the following year. 1865. — A terrible murder occurred at San Antonio (Brooklyn) on the night of September 36, 1865. The circumstances are briefly these: A dance was being held at Louis Lerreaux's hotel. About half past eleven o'clock, Samuel S. Kennedy, a Scotchman, who had been a resident of Brooklyn for some five or six years, some- what intoxicated, approached the door-keeper and desired admission, which was refused. A Frenchman, named Cora, of San Pablo, was standing outside the door at the time, and angry words were passed between himself and Kennedy, but no blows were, at that time, exchanged. Cora crossed over the street, returning after a short time and recommenced the war of words. Taking off his hat Kennedy shoved it close up to Cora's face, when the latter returned the insult by giving the former a blow with a sling-shot, or some other dangerous weapon, on the right temple, causing him to totter and fall against the side of the house. Recovering himself Kennedy rushed towards Cora, but was so drunk that he fell flat on his face. While in this position, Cora struck him on the head several times, breaking the skull so that the brain pro- truded, and at the same time kicked him heavily in the face. Cora was perfectly sober at the time. From the effects of the wound Kennedy died two days afterwards. Cora was indicted at the January term, 1866, tried and found guilty of manslaughter Criminal History of the County. 343 March 2, 1866, the Judge being recommended to "give the full extent of the law." He was sentenced to three years imprisonment in the State Prison. On September 24, 1865, Jos^ Ruparda stabbed one Rosindo, who died from the effects of the wound on October 9, 1865. The murderer was indicted in the January term, 1 866, tried, found guilty of murder in the second degree, and, February 24, 1 866, sentenced to thirteen years imprisonment in the State Prison. About this period Murray and Washington townships were infested by bands of horse and cattle thieves, stock poisoners, and incendiaries, and so incessant and dar- ing were their depredations that a firm determination to put a stop to their maraud- ings was come to by the citizens. To this end a meeting was held at Centreville, April I, 1865, when they resolved to form theijiselves into a Vigilance Committee, Thomas Scott being chosen President, Dr. J. M. Selfridge, Secretary, and William Tyson, Treasurer, in addition to whom an executive committee of twelve members was appointed. A salutary effect was the immediate result of this move, causing the rogues to be more on their guard. A reward of five hundred dollars for the convic- tion of the person or persons who a short time previously poisoned a wheat-field ' belonging to Mr. Ellsworth, was at this time offered by the committee. In the month of October of this year the house of Charles Garthwait, near Pleas- anton, was robbed during his absence. The burglars, however, received a warm reception from Mrs. Garthwait, who wounded one of them named Welch, who was subsequently arrested, tried, and convicted of grand larceny in the County Court and sentenced by Judge Hamilton to eighteen months imprisonment in the State Prison. Mr. Halley says he told a tale of his hardships, which, if true, entitled him to sym- pathy, and reminds one of some of the incidents in the play of the Ticket of Leave Man. Welch stated that after serving a term some time previously at San Quentin, he resolved to lead a correct life, and went honestly to work on a ranch in Santa Clara County. Pretty soon, however, some of his acquaintances, formed during the term of his confinement, came along and recognizing him threatened to " blow" on him if he did not give them money. He stood this as long as he could, but finally fled from them to avoid exposure, and went over among the Amador Hills, where he thought himself secure from his vile tormentors. He had been there but a little while when his confederates in the crime for which he was then suffering made their appearance and recognized him. They declared if he did not go with them and assist to commit ■the robbery they would kill him, and he yielded. 1866. — The following particulars of a horrible murder perpetrated at Corral Hollow, are gleaned from the columns of the Alta California of May 19, 1866: Edward, or better known as " Sandy," Simpson, who was well to do, and the owner ■of a store on the Stockton Road, near Amador Valley,,was foully murdered by two men on Friday morning the 12th instant, and it is supposed for money he had about him at the time. It seems that on last Thursday evening two men, one a black-whiskered man and the other wearing no beard, stopped at Simpson's store and requested some- thing to eat and a night's lodging, which was granted them. Next morning, at an «arly hour, the shepherds attached to the ranch went to attend to their daily labors. During the day the deceased's brother discovered the body, with a horrible wound on 344 History of Alameda County, California.' the right side of the head, caused by a rifle-shot from the rifle of the deceased. The alarm was given, but though every effort was made to capture the assassins there is no record to show that they were ever apprehended. A murder occurred in Murray Township, at Pleasanton, on Friday evening, August lO, 1866, the victim and the murderer being both Mexicans, the former named Ricardo, the latter Marcus Chavoya. The origin of the difficulty was a lawsuit which took place a short time before between the parties, and which occasioned ill-feeling since it transpired. The murderer surrendered himself on the day following to Sheriff Morse, at San Leandro, and also the pistol with which he committed the deed. On giving himself up to the authorities he made the following statement : On the evening in. question, he said, that Ricardo, who was drunk at the time, came to his house and tried to effect an entrance by cutting through the door with a long knife with which he threatened to kill Chavoya. The latter armed himself with a revolver, opened the door and told Ricardo to go away — that he did not wish to have any quarrel with him. Ricardo refused and Chavoya fired at him twice — or, rather, in the air — so as to scare him off". Ricardo instead of retreating made a rush at Chavoya for the purpose of stabbing him, when the latter shot him fatally. He was discharged on the ground of justifiable homicide. A mulatto barber by the name of Manley, says the San Leandro Gazette of Octo- ber 30, 1866, who was in a shop adjoining the Exchange Saloon at the Mission San Jos^, was discovered lying in the street on Wednesday morning, near his shop, with one ear nearly severed from his head, and so terribly bruised and beaten as to be unable to speak, and he died during the day. It appears that during the previous evening some difficulty occurred between him and a young man named Hyde, at Elbridge's Saloon. Manley subsequently went to his shop and to bed. About midnight, Hyde and one Griffin awoke him and endeavored to induce him to come outside, but failed. They then dragged him out and in self-defense Manley used a razor on his assailants, wounding Hyde in the abdomen and shoulder. Hyde succeeded in getting him into the street and there brutally beat him with a bottle and kicked him until, as stated, death resulted from the injuries. Hyde was arrested, and, after examination before Justice Bond, committed to await the action of the Grand Jury. 1867. — In the July term of this year, Jos^ Guliful Choreen was indicted, tried, and acquitted of the charge of having shot and killed Amilio Higuera on June 25, 1864. On June 6, 1867, a fracas of a fatal character occurred at the ranch of Robert Livermore, in Livermore Valley. A Californian named Moche, who had been drink- ing heavily, made an attack with a knife upon a young man called Foscalini, who avoided him several times, but finally turned upon him and discharged his pistol at him, emptying three chambers of the weapon, each shot taking eifect. Both parties were on horseback. The wounded man insta;ntly wheeled his horse, rode away rapidly and soon disappeared. When about three miles from the place of shooting, Moche fell heavily from his horse, head foremost, to the ground, and when approached was found to be dead, his neck having been broken by the fall. It was found how- ever, that either of the shots was sufficient to kill him. Foscalini surrendered himself Criminal History of the County. 345 and after an examination before Justice Mark of Pleasanton was dismissed. Moche, who was partly paralyzed, was, nevertheless, considered a desperate and dangerous man. Some ten years previous it was said he attacked a stage single-handed, and on the refusal of the driver to pull up, sent a shot from his revolver through it. On June 30, 1867, a very tragic affair occurred at Mount Eden; a Dane, named Peter Jobson Schmidt, having murdered his sister and then shot and killed himself Contrary to his wish, his sister, whom he had sent for to his native land some time previously, had determined to marry a young man in the neighborhood, and it seems that this drove him crazy. Schmidt was a farmer, owning one hundred and twelve acres, and unmarried, his sister keeping house for him. The poorgirlmade a desper- ate struggle for life, and the contest was a severe one. Two shots from his gun had entered her body; the first below her right nipple and the second in her heart. Whether the affection the man had for his sister, or the weight of his financial troubles, with which he was beset, had upset his reason, is not known; but he had formerly proved himself a man of good character. Indeed, he had previously made a will, in which he devised all his estate to his sister Jane, the girl whose life he took, and whose fate he thus horribly ended with his own. At the July term, 1867, Charles M. Diel was indicted for the crime of assault with intent to murder, committed at Centreville upon the person of William Neal, whom he wounded above the hip no less than three times, on June 28, 1867. He was tried, found guilty, and sentenced to imprisonment for one year in the State Prison. At the January term, 1867, John Hyde was indicted for beating one Manley on October 23, 1866, so that he died on the following day; while, at the September term, a man named Hill was indicted for beating to death with a club an individual called Manuel, on August 8, 1867. Hill was tried, found guilty of manslaughter and, Novem- ber nth, sentenced to seven years imprisonment at San Quentin. On October 3, 1867, about two o'clock in the morning, several persons were engaged in a game of poker in Greavenor's saloon at Haywards, when a dispute arose, and one of the party, a Chileno, named Narrato Ponce, left the room, and shortly after returned with a pistol, which he pointed at those present, and, firing, eventu- ally shot Lewis Joy in the left side, the ball passing through the lung and body and lodging in the right arm. He then walked a few steps into an adjoining room and fell dead. As soon as the firing commenced the lights were extinguished, and under cover of the darkness the slayer effected his escape, leaving his horse behind him in the corral. The redoubtable Sheriff, Harry Morse, was soon placed in full informa- tion of the dastardly deed, and kept a sharp lookout for the Chileno, but it was not until late in the month of October that he had any reliable information as to whither he had fled. This intelligence was at last received: it was that Ponce had made his retreat to the mountainous regions of Murray Township at the back of Liverpiore Valley. ,On November ist. Officer Conway, of Oakland, who, having obtained authority from the Mayor and Marshal of the city, joined Sheriff Morse, and both proceeded to Dublin, in the Amador Valley, where, leaving their buggy, thence started on horseback for the place where the murderer was supposed to be concealed. Sheriff Morse was in possession of secret information that during that night the Chileno would pass down a by-road and into the telegraph or main traveled 23 346 History of Alameda County, California. road for the purpose of escaping to the lower country. The Sheriff and Officer Con- way accordingly took positions' at the gate leading into the by-path, in the shadow of a hay-stack, there to await the coming of their man. About half-past nine o'clock horse's footsteps were heard coming up on the gallop, when the Sheriff recognized the voice of the murderer and a companion. The officers had the gate tied so as to prevent hrs escape. The Chileno opened the gate, tied it, and came towards the offi- cers. When he got within ten feet of Sheriff Morse the latter drew a shot-gun and ordered him to stop, which he refused to do, but turned his horse round quickly and started back, only to be met by Officer Conway, who leveled a six-shooter and com- menced firing at him, Sheriff Morse having discharged a load of buck-shot at the murderer, striking him in the back, the Chileno drew his revolver and banged away twice at Conway without effect. With the last shot fired by Conway, Ponce fell from his horse; but he was not so badly wounded as to prevent his running on foot down alongside the fence. Conway had to go back to the hay-stack after his Henry rifle, which took him a little time, thus enabling the murderer to hide himself in the dark- ness. Sheriff Morse fired three shots; Conway five, his last missing fire. The officers hunted about for their quarry in the darkness until two o'clock in the morning, but could find no traces of him. When daylight came they made a further search up towards the hills, having employed eight or ten Mexicans to aid them, and discovered the Chileno's coat completely riddled with buck-shot and balls. Haifa mile from where this garment was found his boots were picked up, which, for some reason or other,. Ponce had pulled off and left. The murderer's horse, a small Mexican mare, was wounded in the thigh, and was not worth bringing away. Nothing further was heard of Narrato Ponce until the 7th of November, when Sheriff Morse received a letter from Sheriff Classen, of Contra Costa County, inform- ing him that if he repaired to Martinez he would give him information as to the whereabouts of him whom they sought. At eight o'clock the energetic Morse was at the rendezvous, prompt and prepared. The intelligence received was that Ponce was supposed to be in Cisco, Placer County. For Cisco, Morse started, accompanied by Deputy Sheriff Swain, of Contra Costa County. The intention was to take steam- boat for Sacramento at Antioch, and to that place they proceeded. Here they learned that instead of being at Cisco, Narrato was concealed in Rigg's Canon, near Monte Diablo. To reach the place designated they had to return, by boat, to San Francisco, cross from there to San Leandro, where, taking saddle-horses, they proceeded to the Black Hills, north of Livermore Valley. Officer Conway, of Oak- land, again accompanied the gallant Sheriff from San Leandro, and at eleven o'clock at night the party arrived at the canon specified. They at once surrounded the house where the murderer was supposed to be concealed, but no further action was taken until break of day. When dawn came a thorough search failed to discover the object of their solicitude, and scouting parties in the hills brought no tidings save the dis- covery of his hiding-place, where he had been in the habit of concealing himself before his first skirmish with the Sheriff. At this juncture they met an old native, who, upon being examined and threat- ened, conveyed the information that Narrato's hiding-place at that particular time was near the bay, at Pinole. A rapid return was made to San Leandro; from there Criminal History of thk County. 347 they went to San Francisco, where they took passage for Martinez, the place to which they had originally set out. On the following morning they started for Pinole, which is eleven miles south of Martinez and seven east of San Pablo. They searched all the houses through the valley as they went. Arriving at the house of one Jose Rojos they saw a man on the mountain side with a bundle on one arm and a shot- gun on the other, whom they thought might be the person they were looking for. Con- way and Swain went into the house with instructions to let no one out until Morse had ascertained who it was that was on the hill-side. At the moment of the Sheriff getting to the hill, he heard Swain cry out, "He's here," and directly thereafter was heard the report of a pistol-shot. Morse immediately directed his horse to the house on a run, when he discovered Narrato Ponce running away, trying to escape from the officers, who were shooting after him as rapidly as possible. A ravine inter- vening, Morse had to dismount. He immediately called upon the fugitive to stop and lay down a pistol he carried in his right hand, but the latter paid no attention to this command and kept on running, endeavoring to make good his escape. A shot from Conway here struck him in the right hand, causing him to change his weapon to the other, with which he kept his pursuers covered. Finding that the villain was determined not to be taken "alive, the Sheriff concluded to finish the affair, he therefore sent four shots from his Henry rifle after him, and all failing, a fifth was dispatched, and found its billet, sending him forward on his face, in which posi- tion he died, his pistol being firmly clinched in his hand. His body was removed and a Coroner's jury summoned, who returned the following verdict: — We the jury, summoned by A. F. Dyer, Justice of the Peace, acting Coroner, to inquire into the cause of the death of the man now before us, do find that deceased came to his death by a gun-shot wound in the upper portion of his abdomen, passing through the intestine and coming out on the left side. We find that the name of the deceased is Narrato Ponce, a native of Chili, about thirty-five years of age. We are of the opinion that the shot was fired by H. N. Morse, Sheriff of Alameda County, while endeavoring to arrest deceased on a charge of murder. (Signed) N. L. Lester, Foreman. George Hanks, Joseph Garcia, ► C. MuRTA, E. Hobble, E. Marich. A reward of five hundred dollars was offered by Governor Low for the arrest and conviction of Narrato, a sum hardly sufficient to compensate the officers for the expense, trouble, and danger to which they were put in ridding the State of a des- perado said to be the superior in criminality of the famous Joaquin Murietta. While scouting among the hills in search of Ponce, Sheriff Morse discovered an old offender named Antonio Martinez alias Jesus Torres, an ex-convict, who had been evading the officers for six months previously. There were several charges against him — ^one at Sonoma and one at Santa Clara. Not long previously he was reported as having been shot by an officer who was trying to arrest him in Monterey for cattle-stealing; while, it was said, he was one of the gang that committed the Pacific Street robbery in San Francisco about three years before. When he was taken nto custody he denied his identity to the Sheriff, but when brought into the presence of Conway and Swain, whom he knew, he lost courage and acknowledged. He was taken to San Leandro, from whence he was sent to Sonoma County, to answer the demands of justice. 348 History of Alameda County, California. Among the profoundest sensations of this year was the murder of Officer Rich- ardson in Oakland. On October 22, 1867, complaint was made in, the Police Court that John Thomas, as principal, and his wife Margaret, as accessory, had shot and killed R. B. Richardson, on that date, on block No. 113, situated at the corner of Ninth and Castro Streets, in the city of Oakland. The account of this affair is substantially as follows: The man Thomas, an old negro, had been living for some time upon a small lot of land near Market-street Station, the property of General Wright, who, Thomas claimed, had given him per- mission to occupy the land until they should meet again. General Wright was drowned on the ill-fated Brother Jonathan, and upon this quasi title Thomas held possession. He was generally accounted a peaceable man, being of a religious turn, and occasionally preaching to his colored brethren. Some parties had been trying -to gain possession of a portion of the lot in question, and a man who was on the ground for some purpose was driven off lay Thomas with a shot-gun. The party thus expelled procured on his oath a warrant for the arrest of Thomas, which was placed in the hands of Officer Richardson, who proceeded to serve it. The report of a pistol coming from the house of Thomas shortly after drew a crowd to the spot, where the officer was found dead, lying on his back, his feet on the door-step and a ghastly wound in his throat, caused by a charge of shot that had severed the carotid artery producing almost instant death. It is supposed that the negro met him at the door shooting him down before he had time to defend himself Thomas was arrested and hurried to the jail at San Leandro, as rumors of lynching were rife. The shooting was done with an old-fashioned double-barreled pistol, one barrel of which remained loaded, filled nearly to the muzzle with bullets, inferentially showing the nature of the shot that nearly decapitated the unfortunate ..officer. Richard B. Richardson had been a member of the police force of the city of 'Oakland for about three years, is described as a fine specimen of manhood, tall, and of commanding presence, and of fearless courage in the discharge of his duties. His ;S0cial qualities were on a par ' with his physique and personal popularity, and had made him a prominent candidate for the office of City Marshal. He was but thirty- five years of age, had just built a home for himself, where, with his wife and three little ones, he was about entering upon the happiness and comfort of accruing indepen- dence, when his life was cut short by the red hand of murder. Upon the case coming up for trial a change of venue was asked and denied, the cause being transferred from the County to the District Court; but, March 23, 1868, the death of the defendant was announced in Court, and the case dismissed in con- sequence. 1868. — On March 4, 1868, Henry Crieger was found murdered in the hills at the back of Haywards, for which crime a saloon-keeper of that town was apprehended on suspicion, but, on examination, no evidence was forthcoming to connect him with the deed, he was therefore discharged. On September 20, 1868, Joseph Newell shot with a pistol Morgan Layton, from the effects of which he died on the 26th of the same month. The slayer was indicted at the January Term, 1869, tried, found guilty of manslaughter, and sen- tenced to five years imprisonment in the State Prison. Criminal History of the County. * 349 In this year Alameda County furnishes one of the most remarkable cases of mistaken identity on record. Sheriff Morse arrested a man named John Slack, in San Luis Obispo County, in the month of May, supposing him to have murdered, thirteen years before, a son of Don Antonio Suiiol, in the valley which bears his name. The story is thus narrated in the San Leandro Gazette, of May 30, 1868: — " Most of the old residents about Mission San Jose, and many of our readers, will remember the circumstances of the killing of young Suftol, on account of some land difficulty; the attempted arrest by the Sheriff; the resistance of the murderer, and his escape and disappearance. This occurred in the spring of 1855. Twelve years passed, and no clue to Wilson's .whereabouts could be obtained. About a year ago, a Spaniard, who had been acquainted with the parties, while passing through the 'lower country,' saw at San Luis Obispo a man whom he took to be Wilson, and on returning informed the friends of Sunol of the fact. About two months since the matter was put into the hands of Sheriff Morse to be worked up. The Sheriff immediately set at work. He at once ascertained the whereabouts of the man, cor- responded with the officers of the county, who quietly made inquiries and informed Morse of the result. Everything pointed to this man. The necessary warrant was taken out, and the Sheriff started for San Luis Obispo, to make the arrest. On making the arrest some little show of resistance was made by the father-in-law of the prisoner, but he was soon quieted. On examination of his charge the Sheriff was more confident than ever that he had his man. The description was perfect — the height, complexion, color of the hair and eyes were the same. The prisoner had the same stoop of the shoulders, downcast look, and restless eye that characterized Wilson, and the absence of a tooth from the corner of his mouth. He was brought to San Leandro and placed in jail, although he protested and insisted that his name was Slack, and not Wilson. He stated that in the spring of 1855 he was at work in the mines; that subsequently he removed to San Josd, where he was at work on a ranch till the spring of 1 860, when he went to Monterey County with a drove of cattle; and finally located in San Luis Obispo, where he resided till the time of his arrest. Upon the examination of Slack before Judge Nye, on Monday, the i8th instant, two witnesses, one a brother of the murdered man, swore positively that Slack and Wilson were the same person. Other witnesses thought they were the same, but were not positive. One of these latter was present when the murder was committed. When the prose- cution closed the case seemed strong against the prisoner. The accused had three witnesses; one a Mr. Jameson, of Santa Clara County, who swore that he brought Slack across the plains from Missouri in the fall of 1854, and knew of his whereabouts in the spring of 1855, at the time the deed for which he was arrested was committed. A gentleman residing in San Francisco, named Cooksie, swore that he knew the accused in Missouri, and had known him from childhood; that his name was Slack^ and that he always bore a good character. A Mr. Eaton, living in San Francisco, testified that he knew the prisoner in the spring of 1855; that his name was Slack; that they worked together that spring in the mines at Coon Hill, between Mud Springs and Diamond Springs, near Placerville, El Dorado County; that he had met Slack in Santa Clara in i860. When the defense closed the prosecution asked for a postponement until the following Saturday, for the purpose of procuring the atten- 350 History of Alameda County, California. dance of an important witness, whose wherealiouts had been ascertained since the commencement of the examination. The motion was granted. On the reopening of the examination on Saturday, two other witnesses were examined for the prosecu- tion. One testified that this was the man Wilson. A woman who was called as a witness said that the prisoner was not Wilson; that Wilson had lost two front teeth; that she knew they were front teeth from the fact that on one occasion in conversa- tion Wilson told her that he had lost his teeth in a fight with a grizzly bear, but did not know whether they were from the upper or lower jaw, or from the front or the corner of the mouth. The former witness had sworn that Wilson had lost one or two teeth. The prisoner showed that he had had a tooth pulled, about a year before, at San Luis Obispo. After the summing up by the respective attorneys, Judge Nye decided that the evidence was insufficient, and discharged the prisoner." On the night of June 29, 1868, another bloody affray occurred, a circumstance which would appear to have beein more than ordinarily common in this year. It would appear that two Mexicans, named Lazra Higuerra and Rafael Altamareno, got into a dispute over a game of cards in Laddsville, Murray Township, and from words came to blows, when the former drew a knife and made a deadly assault upon the latter, cutting him about the face and almost severing his arm above the elbow. At this stage Agatone Ruis interfered, telling Higuerra not to kill Altama- reno, but so infuriated was he that he turned upon Ruis, who was compelled to shoot him in self-defense, three shots taking effect, one through the breast, another through the arm, and the third through the neck, causing him to become so weak that he could not be removed by Sheriff Morse. Another affair of this nature occurred at Laddsville, about a month later, under the following circumstances: On Sunday, August 9, 1868, a man named Hyde, a des- perate character, came into Ladd's Hotel, in the Livermore Valley, and demanded a drink, but being already under the influence of liquor, he was refused the beverage he sought by the proprietor. He then stepped behind the counter, and seizing a large water-pitcher struck Ladd on the head, cutting an ugly gash upon the temple. This blow he followed with another from a lager-beer-jug. Ladd, however, managed to grapple with him, but being no match for so powerful an adversary was thrown down to the ground and held there. At this juncture the bar-keeper of the establish- ment came upon the scene, but failing in his endeavors to separate the combatants, proceeded to procure assistance, which he found in the person of J:wo Mexicans, with whom he returned. As they entered, the report of two pistols was heard, and on pull- mg Hyde off Ladd, they found he held a pistol in one hand, his finger on the trigger, and Ladd clutching it by the njiddle. Hyde was found to be shot in the abdomen, and, from the effects of the wound, died on the following day. During an examina- tion into the cause of the man's death before Justice Kottinger, Ladd stated that after being struck with the pitcher, he remembered nothing until the firing of the pistol brought him to his senses, and then he thought that he himself was the victim of the shot. A statement was made by another who had that day heard Hyde say he would " have a man for his supper" that night, and went into Ladd's house with the delib- erate mtention of killing Ladd, who, when he was down.^had turned away the muzzle from his own breast towards that of Hyde, when the latter pulling the trigger shot Criminal History of the County. 351 himself, Ladd's hand being considerably lacerated by the powder. The death hav- ing been the result of a scuffle in self-defense, Ladd of course was discharged. The man Hyde is he whom we have shown above killed the mulatto barber named Manley, at Mission San Jos^ in October, 1866. An attempt was made on the 6th October of this year, by two men named Jack- son and Mann, who were in prison, to escape, in doing which they ineffectually tried to overpower Under Sheriff Borein, who, however, made a determined resistance, and whose cries fortunately brought assistance. Mr. Borein managed to keep firm hold of Jackson, but Mann contrived to get clear, but was soon captured. The story goes that among the prominent pursuers was District Attorney Gilchrist, who seized an old pistol, the same with which Thomas had shot Officer Richardson in Oakland. When Mann beheld the noble attorney arm-ed with an old pistol, which had probably not been loaded for many years, he cried out with fear and trembling — " Don't shoot; for God's sake, don't shoot!" Thus he was taken, and the normal quiet of the prison and the excited community restored. On September 20, 1868, two men named Lighton and Newell had a dispute over a dog-fight, in Castro Valley, at the rear of Haywards, Eden Township, when the latter shot the former through the head with a pistol, causing a wound from the effects of which he died on the 26th of the same month. Newell immediately thereafter mounting a horse escaped. So soon as this discovery was made the indefatigable Harry Morse was on his track, accompanied by Constable Morehouse (now a member of the State Board of Equalization). The extent of the search made for the murderer may be imagined when we mention that upwards of two hundred miles of country were covered. To no avail they ransacked the coal-mines of Contra Costa and Alameda. After being absent for a considerable period they returned and now heard of Newell's whereabouts in the southern country and were once more in chase. Following him through deserts and over sierras, sometimes hearing of him, and again losing all trace of him, they at last came across the decomposed remains of his defunct quadruped, and subsequently met the man himself flying false colors as a workman on the Los Angeles and Anaheim Railroad. The Sheriff arrived with him at San Leandro on the 7th November, where he was lodged in prison, subsequently tried, convicted, and sentenced to six years imprisonment in the State Prison. 1869. — Early in this year another shooting affair occurred at Laddsville, but one which showed no criminal intent. A man named John Alty shot a Spaniard who was trying to force an entrance one night into a stable where he slept. He told him several times to go away, which he declined to do, he then shot him, the ball tak- ing effect in one of the arms, and in a few days he died from the effects of the wound. Alty, after giving bail to appear, was dismissed by the Grand Jury. A notorious desperado and thief, named S. F. Robinson, was arrested by Sheriff Morse, on April 5, 1869, in Palmyras Cafion, on the charge of stealing a set of harness from the barn of Thomas Livingston, San Lorenzo; while on June 6th, Patrick Glancy was arrested on a warrant from the Coroner's Court, dated the same day, for causing the death of Robert Lightbody, but what the result of this was, farther than he was admitted to bail in one thousand dollars, we have been unable to trace. The same 352 History of Alameda County, California. remark bears on the case of Jesus Paredas and two others, names unknown, who were indicted January 7, 1870, for entering the house of Joshua Wahab, on the evenmg o October 5, 1869, and severely wounding him with a pistol. 1870. — In the month of May of this year. Sheriff Morse, accompanied by Con- stable Morehouse, captured a Californian named Jesus Tejada, who had been charged with being a participant in a dreadful crime in San Joaquin County, about twenty miles from Stockton, on December 9, 1869. He and a number of others, belonging to the same band, brutally and in cold blood, mtirdered a man named Frank Medina, an Italian store-keeper, his clerk, two Mexicans, and a ne^ro on the occasion referred to, and then escaped. Sheriff Morse was commissioned with the arrest. About the latter part of April he received information that led him to believe that Tejada, one of the murderers, was encamped with a band of outlaws in the mountains, about one hundred miles south of Ellis Station, and with his companion started in pursuit. They found the band alluded to, but could not identify their man, and had tq return. Subsequently, having received further information, they again proce2ded to effect the arrest and in the night-time made a descent upon the outlaws' hiding-place, when within a few hundred yards of the spot where Tejada and four companions were sleeping, the officers came upon a sentinel that had been posted to warn the sleepers of the approach of danger. The sentry, on perceiving the officers, started for the tree where the murderer lay in the arms of Morpheus, but the Sheriff and his aids overhauled him before he could give the alarm. Creeping up softly, they got within a few feet of the party, and getting their rifles in position called upon them to sur- render. Tejada in surprise and consternation threw up his hands, evidently aware that he was the object sought. He was handcuffed and the officers took him off, leaving the others to their reflections. Tejada wa? about twenty-four years of age, and six feet in height. Another life was sacrificed on July 27, 1870, on this occasion at the Haywards Trotting Park; the victim and principal being two youthful jockeys. It would appear that they were skylarking or playing when Charles Roos drew a pistol and shot John McCue through the head, for which he was tried at the following session of the County Court and acquitted, the grounds taken being that the shooting had no malicious intent. Of this case the Grand Jury for the September term, 1870, in their report speak in the following words: "The Grand Jury cannot but feel the hardship imposed by their finding against the boy Charles Roos, for murder in the second degree While the evidence by which we were compelled to decide this case, left no alterna- tive to our action, we cannot but observe a serious deficiency in our criminal law> which threatens not only the punishment of mature felons, but a child of the tender age of from twelve to fourteen years, whose education has been neglected and who needs instruction and information rather than punishment. The hardening compan- ionship of the State Prison can only confirm him in a life-long career of crime. Such cases ought to be sent to an Industrial School; and since the abolition of the institu- tion formerly located at Marysville, we would suggest that the next Legislature be called upon to make some other provision for the reformation of juvenile offenders throughout the State." Criminal History of the County. 353 On July 17, 1870, John Ignacio was killed by Joaquin Silva, who was indicted on the 23d September, but there are no documents on file to show whether he was convicted or not. ' The following diabolical deed, illustrative of the blood-thirsty character of the Indian, which occurred in Washington Township, is gathered from the columns of the Alameda County Gazette, of November 12, 1870: "On the evening of Thursday, the loth instant, an Indian woman, supposed to be insane, named Anistaba, killed her daughter, aged ten years, the child of a 'greaser' (who was himself killed about three years ago at Gilroy), and a man named Cohuacho, a native of Sonora, Mexico, aged about forty years. The killing was done with an ax, in a house near the Alviso hills, where the woman had been put by her Indian friends for safe-keeping, and the man, Cohuacho, set to watch her. From the surroundings it appears that the woman took the man by surprise, in the house, his head being chopped and smashed to a jelly. The body of the little girl was found in a swamp near by, with the head mangled in the same way as the man's. Dr. Yates, who held the inquest upon the bodies, says the sight was an exceedingly horriblie one. After the killing the woman wandered from the house, and was not found until the following Friday evening; she was then discovered at an Indian house, at Baylis' Mills. When she presented herself to the inmates of this house she appeared to be drunk. Her head was covered with gashes, more than a dozen in number, which were evidently self-inflicted, and her clothes clotted with blood from head to foot. Constable Trefry, of Centreville, lodged the woman in the County Jail yesterday morning, to which she was committed by the acting Justice. Since the commission of the crime she has acted as a perfectly sane per- son, except when she first appeared at the house at the mills. Before the arrest she acknowledged the murder, and gave as her motive a desire to kill herself, as she had no way of making her living. Violent deaths run among these people — the last hus- band of this woman having been killed, a few weeks ago, in a drunken row, by an Indian." At the January terra of the County Court, 1871, Anistaba was duly indicted, and the cause transferred to the Third District Court. On November 11, 1870, Joaquin Augusta was convicted of murder in the second degree and sentenced to eleven years in the State Prison, but who his victim was the records do not show, the only documents on file being a copy of the judgment and a subpoena. 1871. — On the evening of January 10, 1871, ex-Supervisor Thomas Scott, a store- keeper at Sunol, and several other persons, among them Otto Ludovisci, Mr. Scott's clerk, were sitting in the store engaged in conversation. The place is a wild-looking, lonesome locality, and as there were many lawless characters prowling about the neighborhood, the doors of the store were usually kept locked after dark, and custom- ers who visited the establishment for supplies had only to rap to gain admittance. Some time during the evening mentioned above, a knock was heard at the front door. It was answered by the clerk, who, upon opening it, was confronted by three men, among whom was a notorious Mexican named Juan Soto, with bandages over the lower part of their faces to disguise themselves. They entered, and, paying no atten- tion to the other inmates, attacked the clerk and shot him, inflicting a wound from which 354 History of Al^^meda County, California. he died shortly afterwards. The murderers at once cleared out, and being all well mounted escaped pursuit, but before leaving helped themselves to sixty-five dollars in cash from the till. On the next day Harry Morse was at their heels. He first pro- ceeded to San Jose, visited the New Almaden Mines, scoured the country as far south as the Pacheco Pass, and penetrated into Meroed County, but with no success. However, a colony of Mexicans, all armed and desperate characters, had been dis- covered in the Panoche Mountains by Sheriff Harris, of Santa Clara, and from among their number had taken an escaped convict from his county. This information he imparted to Sheriff Morse, but in the mean time the band had dispersed. Intelli- gence, however, was soon received by Morse of the whereabouts of some of the gang, and, therefore, without delay, accompanied by Sheriff Harris and Constable Winchell, of San ]us6, and a small party of trusty men, he made for the Panoche Mountains. The exact position having been obtained from certain guides procured, three houses, near to each other, wherein they lay, were pointed out, therefore it became necessary to divide the party, to make a search so that all within should be arrested. . Accom- panied by Winchell, Morse proceeded into one of the houses, unfortunately, however, leaving his Henry rifle slung on the horn of his saddle, and there found, seated at a table with three others, Juan Soto, the murderer of Ludovisci. He was unprepared for so sudden a rencontre, but determined at once to secure his man, therefore, draw- ing his revolver, he called upon the Mexican to "throw up his hands,'' covering him with his pistol as he spoke. No response came to this command. Thrice was it repeated and thrice was it defiantly ignored. Morse now, keeping his. eye steadily fixed upon the murderer, produced a pair of handcuffs, which, throwing- upon the table, he directed his companion to place upon Soto's wrists; but at this critical moment a large, muscular female sprang from behind upon the Sheriff, seized his right arm in a vise-like grip, his left was clutched by a man who was near, while, quick as thought, seeing Morse thus encumbered, Soto leapt from where he stood at bay to a position behind a companion and drew his pistol. Minutes now became momentous, and a struggle for life lay before the officers. With a prodigious effort Morse threw off his assailants, and fired his pistol at the bandit's head, but only car- ried away his hat. Juan now retaliated. The Sheriff thereupon made a dash for the door, succeeded in making a safe exit, but on turning a corner found himself looking down the barrel of his opponent's pistol. Both now discharged their weapons at each other, the outlaw's shot being in advance, and how he missed is strange, for he was reputed a "dead shot." Four times were shots exchanged without a casualty, but now a bullet from Morse's revolver struck that of Soto, which it is believed so numbed his arm that he at once made for the house. While beating this hasty retreat, Winchell appeared on the scene, armed with a double-barreled shot-gun, heavily loaded ' with shot, and commenced a fusilade upon the vanishing figure of the outlaw, but without effect. Morse then ran for and secured his Henry rifle. In the interval Soto had been indulging in a little habilita- tion, in the shape of putting his blue soldier's overcoat on the back of a companion. This effected, both ran for a saddled horse, hitched to a tree standing opposite the house, and Sheriff Harris was about to fire at the blue-coated runner, when he was hailed by Moi'se, that a ruse had been perpetrated, and thus checked his fire. Fate Criminal History of the County. 355 seemed to be against the bandit on that fatal 12th of May. At the juncture last mentioned Soto's horse broke away from him, and while in the act of running to another, which stood ready at a little distance, a bullet from Morse's "Henry" hit his right shoulder. With this he turned around with demoniacal resolve in his eyes. Holding a revolver in either hand he boldly advanced to meet his enemy, the Sheriff. This was no time for parley : Morse raised his rifle, a cloud of smoke, a report, and the desperado lay stretched upon the ground shot through the brain, and once more was the gallows cheated of its proper prey. The entire party of desperadoes was afterwards captured, at their headquarters, close by, and among them was found the notorious cattle-thief, Gonzales, who had escaped from the Santa Cruz prison only a short time previously. Soto, as we have already stated, was a large and powerful man, a complete type of the traditional Mexican bandit, with long, black hair, heavy, bushy eyebrows, large eyes of an undefined color, with, altogether, a tigerish aspect. He had served two terms in the State Prison, and was generally regarded as the most formidable and desperate character living on this coast. He was known to all the Mexican inhabit- ants in the lower counties, and was held in such dread that few or none of them dared to offend him or make known his hiding-places. It appears that, like many other celebrated men of his class, he at length fell a victim to the ruling passion of mankind, having come from the rendezvous to visit certain seductive seiioritas in that secluded valley, where he had the ill-luck to encounter the redoubtable and vengeful Harry Mor.se. The rest of the gang had returned to headquarters, leaving the hapless chieftain to the society of his lady-love. It must be said for the dare-devil of the mountains that he made one of the most gallant fights on record, and fell in a conflict with a foeman worthy of his lion-like courage. The Sheriff, having secured his splendid black horse, and his three formidable revolvers, left him to be buried by his Mexican friends, who through the fight manifested very little excite- ment, and seemed to regard the bloody work as an incident of their wild life. The old women made some little outcry, but the girls manifested the utmost composure. Too much praise cannot be awarded to Sheriff Morse for this capture. In it he distinguished himself by one of the most desperate and daring acts that has ever been performed in the history of detective work on the Pacific Coast, and his own life was preserved only by the manifestation of astonishing self-possession and pres- ence of mind. It so happened that circumstances placed him in the focus of danger, out of reach of his companions, where he had to rely wholly upon that steadfast courage and steadiness of nerve which have given him deserved celebrity among the foremost detective officers of the country. He had previously been through many perilous adventures among tlje more desperate characters of California, but we sup- pose this hand-to-hand and long-continued conflict with the chief of the brigands was the most exciting and desperate of all. In regard to the foregoing it may be mentioned that during the month of March, 1873, one Bartolo Sepulveda, against whom there had been a warrant out for two years, accusing him of being concerned in the murder of Ludovisci, came to San Leandro and delivered himself up to Sheriff Morse, demanding a trial to exonerate himself from the charge. He was duly indicted, twice tried, and sentenced by Judge McKee to imprisonment for life in the State Prison. 356 History of Alameda County, California. On January i6, 1871, a man named Hiscock, a hunter, was murdered hy Ramon Amador, near Pleasanton, Murray Township. Amador had beguiled his victim into the chaparral in search of deer that the scoundrel had informed him were in that neighborhood, when, being previously possessed of a gun belonging to Hiscock, he deliberately discharged its contents into the back and head of his victim. After a vigilant search he was captured, and admitted the killing, but said it was in self- defense. Amador was duly indicted, tried, July 20th, found guilty, and sentenced to be hanged, which was carried into execution September 9, 1871. On February 17, 1871, a man named Zelbtus Reed was shot and killed by F. W. Clarke, at a ranch in the foot-hills near Ocean View, about seven miles from Oakland, in the township of that name. The following statement of the crime is taken from the columns of the Oakland News: For a long time past the case of Gustave Mahe vs. John Reynolds has been progressing, involving the title of about eighteen settlers to a portion of the Peralta Rancho, at Cardoneces Creek, commonly known as the Williamson property. Final judgment was at last obtained, and a writ of assistance was issued and placed in the hand of Sheriff Morse for service. In many instances the settlers acknowledged the title that had been judicially established and took leases of the property they had occupied, which were given on nominal terms. One of those who refused to recognize the title was the deceased, Reed, and by .virtue of the writ of assistance the Sheriff ejected him and placed H. K. W. Clarke, the actual owner, in possession. Mr. Clarke, in turn, placed his son, F. W. Clarke,, a young man about twenty-seven years of age, in charge of the premises. When Reed was ejected, on Thursday (February i6th), he said that he was " prepared to shed his blood; that it should flow as freely as water," etc., in the presence of Mr. Clarke and his son. They were at the time informed that Reed was a dangerous mar(^ as we learn from the friends of young Clarke. At the time of the ejectment a large quantity of personal property belonging to Reed was on the premises, and he was told to come the next day and take it off On Friday he went to the premises occupied by Clarke and proceeded to load on his wagon the property belonging to him, and which he had permission to remove. He was told to put it all on the wagon and not to return. He paid no attention to this, except to reply that he would do as he pleased. About half-past two in the afternoon he approached the premises in a wagon, he being seated, but a man of the name of Charles Huntsman was standing. When about to enter the inclosure Clarke told them to keep off, saying that he had possession and would not be disturbed in it. Reed entered a portion of the premises and occupied a small building in defiance of Clarke, saying that he was able to take care of himself and could shoot as well as anybody else. They told him to shoot if he wanted to, and continued their course. Clarke had a four-barreled Sharpe's pistol, and he dis- charged the contents of one of the barrels, probably at Huntsman, no harm being done. Three other shots were fired, and two of them took effect on Reed, who fell back, saying, "I am killed!" Huntsman immediately summoned the nearest physi- cian, hastened to Oakland and notified the police, who apprehended Clarke and a man named C. F. Waite, who was with him. Reed, who was shot through the heart, was a middle-aged, single man, who had made his home with Williamson, working for his board, for several years, and is represented to have been usually quiet and peaceable. Criminal History of the County. 357 Justice Lentell held a Coroner's inquest on the body of the deceased on the fol- lowing Saturday, when the accompanying verdict was returned: — We, the undersigned, the jurors summoned to appear before James Lentell, acting Coroner of the county of Alameda, on the l8th day of February, 1871, to inquire into the cause of the death of Zelotus Reed, who was killed on Williamson's Ranch, having been duly sworn according to law, and having made such inquisitions, after inspecting the body and hearing the testimony adduced, upon our oath, each and all do say that we find the deceased was named Zelotus Reed, aged about forty-six or forty-seven years; that he came to his death on the 17th day of February, 1871, in this county; and we further find that we believe F. W^ Clarke to be the person by whose act the death of the said Zelotus Reed was occasioned, by shooting him, the said Reed, with pistol- shot, killing him; and we further believe that Charles F. Waite was accessory thereto; all of which we duly certify by this inquisition in writing, by us signed this 1 8th day of February, 1871. William Graham, A. Rammelsberg, Walter Blair, SiLVANHS White, Charles Carl, G. A. Warren, Joseph Fallon, On February 2 1st, a preliminary examination was had before Judge Jayne of the Police Court, Oakland, which continued for no less than five days, there being a great amount of legal talent arrayed on the contending sides. The prosecution was conducted by District Attorney Wright, aided by City Attorney Havens, Zach Mont- gomery, and W. W. Foote; the defense being in the hands of Harvey S. Brown, Blake & Van Voorhies, W. H. Glascock, and Alexander Campbell. At the conclusion of the inquiry, Judge Jayne delivered the following judgment: — I have listened attentively to every word of the testimony, and have studied over it by night as well as by day, and can come to a conclusion now. I find from the evidence adduced in the examination, that a crime- has been committed as charged in the complaint, and that there is sufficient cause' to believe the defendant, Frederick W. Clarke, guilty thereof. It is ordered that he be committed to the Sheriff of Alameda County. In regard to the defendant, Waite, I considered his evidence against himself to be the clearest of all the evidence brought forward, except as to the statement by Huntsman that he saw him show a weapon before the shooting. He does not seem to attempt to screen his friend. I am constrained to believe that he has narrated the transaction as he believes it to be. I believe that he has told the truth. There is no evidence to charge him with being accessory. He is therefore discharged. On February 28, 1871, Clarke was brought before Judge Crockett of the Supreme Court upon a writ of habeas corpus, when the prisoner was admitted to bail in the sum of thirty thousand dollars, and at the following term of the County Court in April, 1871, the case was submitted to a Grand Jury composed of W. G. Hunt, Fore- man; Robert Carr, C. P. Hanson, F. Garcia, F. Devoll, C. B. Rutherford, A. Chabot, J. A. Folger, E, Gallagher, Fred. Runkle, David Scully, W. A. Bray, H. F. Shepardson, W. Benitz, who ignored the bill, whereupon the defendant was discharged and his bail exonerated. This decision of the Grand Jury produced mark-;d wonder among citizens; their conduct was vehemently denounced by the press, and the District Attorney, S. P. Wright, was loudly condemned. In refutation he appeared in print answering his traducers. He stated that the case for the people had been presented in as clear and lucid a manner as it well could be; that they had the testimony untrammeled of a large number of witnesses that the defendant.produced before the committing magis- trate, as to the general reputation of the deceased. He observed : "When I left the Grand Jury-room, and as I was closing the door after me, I heard some one of the Grand Jurors say, 'I move to ignore the bill;' and, hearing such a motion as that, I felt 358 History of Alameda County, California. indignant, as the defendant, under the evidence, in my opinion, ought to have been indicted." The District Attorney forthwith applied to the Court for an order to resubmit the case to another Grand Jury, there appearing in favor of the application, Mr. Wright, and against it, Harvey S. Brown, H. K. W. Clarke, William Van Voorhies, and George M. Blake. Judge Nye, in his decision stated that the points in favor of the motion made by the District Attorney were not sustained, but the Judge discovered a point not there raised, viz., that the jury erred in listening to the testimony of the defend- ant, Clarke, and remarks in the opinion, after quoting from the Criminal Practice Act: The defendant then becomes a competent witness only after indictment found or complaint made or other pro- ceedings instituted, and the issue of fact made by a plea interposed and upon trial of the issue. Wherefore, the Grand Jury erred in hearing the defendant as a witness. It is suggested that the latter point was not made by the prosecution and no argument had thereon, and that the resubmission be had without argument as to that point, and some showing formerly made by the District Attorney. Reserving a decision on this point, I will permit the District Attorney to make such showing further as he may see fit, and hear arguments thereon on the first day of the next term, Court -being now about to adjourn. At this subsequent term Judge Nye made an order resubmitting the case to the Grand Jury, from which the defendant appealed to the Supreme Court, who held that the order was not appealable. The case was again submitted by the County Judge, when the defendant sued out a writ of review before Judge Dwinelle, who held the case for about two years without rendering a decision, until the press and the public became so clamorous about it that he at length dismissed the writ and the case went before another Grand Jury, which in turn also ignored the bill. Of this cause ceiebre, Mr. Halley, who edited a paper in Oakland about this time, says: "There was a great deal of feeling in this case, not only in Alameda County, but outside of it. It was presumed that the wealth of the accused and his social posi- tion had much to do with his escape; it was charged that he received the favor of the legal fraternity; that his father was a lawyer; that members of the judiciary became his bondsmen; that the Supreme Court Judges favored him; that all the land-grabbers in the country gathered around him; that Horace W. Carpentier had used his wealth and influence unsparingly for his protection; and all because the man who was slain had in his capacity, as a settler on some disputed lands in Contra Costa County, rendered himself obnoxious to these parties in defending his own and his neighbors' rights against their encroachments. " Much space is given here to this celebrated case, because it is looked upon as one to be ever held up as an example, showing the danger to life and liberty, even under our free and popular system of government, when certain influences are allowed to be exercised. Indeed, the whole affair is looked upon as marvelous, and such as not to be credited only that the evidence of it is so recent, and all the facts are so patent, with what assiduity and ability the mind must have worked and the hand directed, that produced such extraordinary results and defeated justice, shielding a a culprit and threw the darkest shades of suspicion on the machinery of the law!" We are sorry to state that later on it will be our painful duty to once more refer to F. W. Clarke, upon whom suspicion rested as having been in some manner concerned in the death- of a relative. Criminal History of the County. 359 And yet another homicide occurred in the year 1871. On the 26th of March, WiUiam Powers, in a drunken quarrel that occurred on the Haas place, about six miles east of Haywards, " on the divide," stabbed and killed a Norwegian named Nelson Larsen. At the Coroner's inquest held before Justice of the Peace Graham, the jury returned the following verdict in accordance with the facts adduced : — We the undersigned, convened as jurors to hold an inquest on a dead body, do find as follows, viz. -. That the body is that of one Larsen; that his age was about forty-seven years; nativity, Norway; and that he came to his death on the 26th of March, at Haas' Ranch, in Eden Township, from a wound inflicted by a knife in the hands of one William Powers. At the April term of the County Court, 1871, the murderer was tried, convicted, and sentenced to thirteen years imprisonment in the State Prison. On June 15, 1871, a man who went by the name of " Dutch Frank" ahas Michael Frendar , shot and killed Edward Lavin, on the Dublin Road, in Eden Vale, about a mile and a half from Haywards: The cause of quarrel between the men, who were neighbors, was a trivial one, and may be shortly described as follows : Frendar had accused Lavin's son of stealing one of his chickens, and caught him roughly, when his father went to the rescue. Taking hold of Frendar he stigmatized him as " an old thief," following the expression with coarse and abusive language, finally striking him on the neck. With an imprecation Frendar raised a gun which he carried, and fired at Lavin, who staggering fell, and while falling received another shot from Frendar. The culprit gave himself up to the authorities, was subsequently tried, found guilty of murder in the second degree on July 21st, and sentenced to fifteen years imprison- ment in San Quentin, but in 1872 was pardoned. On July 23, 1871, John Dorsey shot and killed Edward Donahue at Mission San Jose. He was indicted at the September term of the County Court, found guilty of murder in the second degree, and on November 15th, sentenced to thirteen years imprisonment in the State Prison. This slaying was followed by another shooting affair which took place near Liv- ermore, Murray Township, on Sunday, July 30, 1871, when a man named Bradley desperatelj? wounded another named Knuckles. To elude his creditors the former had placed a .sum of money in the hands of the latter, which he refused to refund, upon which Bradley deliberately shot him in the lower jaw, tearing away the entire chin and ripping the flesh down close to the windpipe. We have alluded to a shooting affair that occurred in Alameda, in the history of that township, in September, 1871, therefore it will be unnecessary to do more than refer to it in this place. The following record in the celebrated Laura D. Fair case appears on file among the criminal papers of 1871 : — County Court, Friday Morning, January 6, 1871. The People of the State Against j- Indicted for Murder. Laura D. Fair. ) It apjjearing to the Court that the Grand Jury have found and presented herein a true bill of Indictment for Murder against said defendant. It is ordered that the Clerk transmit said Indictment to the Clerk of the District Court in and for the county of Alameda. 360 History of Alameda County, California. In the records of the Third District Court, under date February 23, 1871, we find the following: — The People ) vs. Laura D. Fair. ) No proceedings in this case were had and the Court ordered the same passed. It will be remembered that the shooting of A. P. Crittenden took place on the ferry-boat during its passage across the bay, and upon the question of jurisdiction it was decided to have taken place within the limits of the city and county of San Francisco, the cause being accordingly transferred thither. 1872. — On March 6, 1872, William Steele was placed on trial at San Leandro for the murder of Silverio Monjas, on a change of venue, when he was returned not guilty. The circumstances of the case we will now relate. Of this affair the Contra Costa Gazette, of July 8, 1871, has the following: "During the past week or more, the people of the central portion of the county have been intensely excited by occurrences growing out of the disputed ownership and possession of a certain portion of the Moraga grant, about which there has been much litigation and contention for several years. The land in question is claimed on one side by Isaac Yoakum, and on the other by members of the Moraga family. Some two months or more ago the Sheriff, by writ of the District Court, was directed to put Yoakum in possession of the lands then occupied by a portion of the Moraga family, but he had, as is claimed, no authority in executing the writ, to remove and dispossess such of the Moraga children as were not named in the instrument, and he refused to do so. Yoakum, or his agent, as is said, refusing at the time to accept pos- session unless all the Moragas and their personal effects were removed. Yoakum subsequently, however, went into occupancy of the portion of the premises to which the writ entitled him; and the Moragas remained in possession as the Sheriff had left them, of a portion of the land claimed by Yoakum, and to which, as we understand, he would have been entitled under the judgment of the Court, but for an error of omission in the complaint in action, upon which the judgment was rendered in his favor. From this situation of affairs, both parties claiming and believing they had legal and equitable rights which they were justified in asserting and defending, much heat and bitterness of feeling has arisen, and several serious collisions have occurred to the imminent peril of life on both sides. Some time early in May several rifle-shots were fired at one of the Moragas, and the horse he was riding was killed by a man in the employ of Yoakum, named William Steele, who was at that time, together with one of the Yoakum boys, under one thousand dollar bonds to answer before the Grand Jury of the county. "Since that time the temper of the hostile parties has not imprpved, and threat- ening demonstrations and preparations have been made on both sides, with no very serious results, however, until last Saturday (July ist) when Silverio Monjas, one of the Moraga party, was shot by William Steele, as he affirms, in self-defense. On the previous day there had been a collision between the parties and a good deal of shooting. In the mil^e, one of the Moraga girls was struck with a gun and severely V "'-y - It ^ €>^;4^C4y^^^^ Criminal History of the County. 361 hurt by Mr. Yoakum, and the horse he was riding was fatally shot. Reports of these occurrences spread rapidly about the county, and created a degree of excite- ment and manifestations of indignation seldom produced in our usually quiet and moderate community; and the excitement and indignation reached a higher pitch on Saturday, after the shooting of Monjas, threatening to culminate in a vengeful out- break against the Yoakum party. In the heat of the excitement many intemperate and improper charges and threats were made, which a cooler judgment and a fuller knowledge of facts would not justify. "Sheriff Brown was on the ground shortly after the shooting of Monjas, on Sat- urday, and, on the information of Yoakum, found and arrested Steele. Yoakum vol- untarily offered to surrender himself to the Sheriff for examination before any com- petent magistrate, upon any charge that might be preferred against him, and accom- panied the Sheriff -to Walnut Creek, where, on finding Justice Slitz was absent, they proceeded to Pacheco, and, on reaching that place, found that Justice Ashbrook was also from home. Yoakum here declined to accompany the officer farther, though he offered to give his word or bond for appearance, whenever, and for whatever purpose required. As the Sheriff had no warrant or authority whatever for detaining him, he was allowed to go; and the Sheriff has been highly censured therefor, but, so far as we can see, without the slightest good reason." Monjas, who was shot by Steele, died about three o'clock on Saturday morning,, and a Jury of Inquest, summoned and sworn on Sunday by Justice Allen, continued their inquiries until Monday evening, when the inquest was adjourned to ten o'clock,. Saturday morning, at Walnut Creek. Steele was brought before Justice Ashbrook for examination on Thursday; the People in the conduct of the case were represented by District Attorney Mills, and the defendant by Judge Blake, of Oakland. The examination was concluded on Friday afternoon, and Steele was held to answer for murder without admission to bail. The Jury of Inquest found Isaac Yoakum to be accessory to the killing of the said Silverio Monjas. He was brought before Justice Ashbrook, of Pacheco, on July loth, to answer to the charge of assault with a deadly weapon, with intent to commit bodily injury upon the person of Gunecinda Moraga, in Moraga Valley, on June 30, 1871. On motion of Judge Warmcastle, acting for District Attorney Mills, the charge was mod- ified to one of assault and battery. The defendant, contrary to the expressed desire of the Court and the prosecution, objected to trial of the charge by jury, and in defer- ence to his objection the case was tried without a jury. The trial occupied the greater part of the loth and nth. The defendant conducted the case in his own behalf, assisted by a young lady, his daughter, who wrote out the testimony as given in by the witnesses. The evidence produced clearly sustained the charge, and estab- lished that the defendant had proved an aggravated assault upon the Moraga girl, striking her twice with his gun and inflicting severe hurts upon her person, while, at request of his herder, she and her sister were assisting him to drive the defendant's sheep away from the inclosure held by the Moraga family. Yoakum was found guilty and fined five hundred dollars, but gave notice of appeal. On the charge of being accessory with William Steele in the killing of Silverio 23 362 History of Alameda County, California. Monjas, Isaac Yoakum was brought before Justice Wood, of Da nville, on July 24th, being continued till the 27th, and at the conclusion of the examinat ion was held upon bail of three thousand dollars to answer to the charge. Steele was tried and disposed of as mentioned above; and then held on another charge of assault with intent to murder Joaquin Moraga on April 13, 1871, when the plaintiff had his horse shot under him. The defendant was liberated on bail, to appear at the next session of the Court on this charge. The case was tried in the April term of the County Court, and the prisoner found guilty. He was sentenced to pay a fine of five hundred dollars, or be imprisoned at the rate of two dollars a day until paid. On April 25, 1872, Rodendo alias Procopio, one of the most noted and desperate cattle-thieves that ever infested Alameda County, was convicted of the larceny of a cow. His counsel asking until the 3d of May, for time to show cause why a new trial should be granted, but which was denied after lengthy argument on that day. Procopio was sentenced to ten years' imprisonment in San Quentin' Tomaso Rodendo alias Procopio, the above-mentioned bandit, a nephew of the celebrated Joaquin Murietta, was suspected of being connected with the murder of John Rains, in Los Angeles, in 1859. He escaped from thence and came to Alameda County. In 1863 he was arrested for the murder of the Golden family in Alameda, his accom- plices being supposed to have been Narcisco Borjorques and Celano Ortego. In attempting to arrest Borjorques Sheriff Morse shot him off his horse, but he escaped to the bushes. An account of this event will be found in the history of Murray Township. Afterward he was killed in the lower country. Some time subsequently Tomaso Rodendo was arrested in Alameda County for cattle-stealing. When appre- hended he shot the Constable and got away, swimming the stream with his pistol in his mouth, persons shooting at him the while. He was subsequently captured and sent to the State Prison for seven years, his time expiring in 1870. As soon as he was set free he was suspected, and not without reason, of being connected with all the daring mail robberies in the lower counties, and had become a terror to the entire State. His seizure was effected in a restaurant in Morton Street, San Francisco, and when taken had two pistols in his belt, so arranged that he could easily draw them. When he observed two officers entering the front door he made a motion to draw a pistol, but turning about and seeing himself covered by pistols at che other door, he submitted to fate. Procopio is described as an ugly-looking desperado, over six feet high, and known to most of the Sheriffs in California. In the month of March of this year Ah Sam, convicted of assault to murder in 1867, and sentenced to ten years' imprisonment, and William Hoffman, who received five years for grand larceny, were pardoned. 1873. — On August 12, Sebastian Flores killed Francisco Garcia near the house of Senor Higuerra, at the Warm Springs, Washington Township. It would appear that each had borne the other a grudge for a long time, and meeting at a wake held over the body of a young Spanish girl at the place stated above, a slight difficulty occurred between them during the evening. At about ten o'clock they left the house and went a short distance together down a road, where another altercation took place Criminal History of- the County. 363 between them, and Garcia received a wound from which he died on the 2ist of Sep- tember. When found he lay on the ground with his throat cut. After several days' trial and an elaborate charge by Judge McKee, the jury brought in a verdict of man- slaughter, the prisoner being sentenced on the 2ist November, 1873, to five years, imprisonment in the State Prison. 1874. — In this year the famous Harry Morse started on an unsuccessful hunt after the noted bandit, Tiburcio Vasquez, "but," says the News, " newspaper correspond- ents were too much for the hunters to contend with, for although Morse traveled by unfrequented trails, avoiding public highways and human habitations, thS enterprising ' gatherer up of unconsidered trifles ' kept in his wake and wafted by telegraph to the whole country the whereabouts of the searchers. Vasquez had thus been kept better posted about the movements of his pursuers than the public had been." The robber was captured, however, a few days after, May 14, 1874, by Major Mitchell's party, not far from Los Angeles. The daring deeds of Tiburcio Vasquez, the wily and active bandit, whose scoundrelisms eclipse those of Joaquin Murietta, had won for him a national notoriety. He had roamed through the southern counties of the State, and apparently held rodeos of the desperadoes of his own ilk, gathering all the outcasts together under his command, and planning and plotting and executing raids upon travelers, ranches, and towns. He had defied the authorities with the audacity of a Vidocq, and baffled every attempt at capture. The story of his repeated triumphs over law and order impressed many of his adventurous countrymen with the idea that he was a chosen leader in rascality, one of the anointed, and ought to be assisted with kindly encouragement in word and deed. The fellow had actually recruited his gang on several occasions with young Californians whom he enticed to the broad trail leading to distinction, by the narration of his triumphs and the practice of the seduc- tive arts in which he seemed to abound. Several members of his gang were boys, who bore fair reputations for honesty prior to uniting their fortunes with the outlaws. Others were young men who never were promoted to the grand larceny grade until Vasquez admitted them to his advanced class of rogues. This outlaw had a notable prison record. He entered the State Prison on August 26, 1857, from Los Angeles County, having been convicted of grand larceny and sentenced to imprisonment for a space of five years, He was then only nineteen years old. He escaped June 25, 1859, and the following August was apprehended in Amador County on a charge of grand larceny. He was convicted and returned to San Quentin to serve a term of one year. The fact of his previous escape does not seem to have been taken into consideration by the Amador Court. The term of his imprisonment began January 18, 1867, when he was sent from Sonoma County for grand larceny and held for a period of four years, after which, and until the tima of his capture, he had been constantly engaged in robbing and murdering people in the southern counties. A shocking tragedy occurred at the farm of Patrick Feeney, on the county road to Moraga Valley, about one mile and a half beyond East Oakland, on the morning of May 27, 1874, the details of which are as follows: Mr. Feeney, who lived with his wife and three small children on the farm, had at intervals for about a year previous, suffered from an affection of the brain, caused by falling on his head from a load of 364 History of Alameda County, California. hay, and several months before it was thought advisable to commit him to the State Insane Asylum. His wife, however, desired to keep him at home, and as she appre- hended no danger to herself or children, he was not taken before a Commission of Lunacy, as was the intention at that time. About three o'clock on the morning mentioned above, Feeney arose from his bed, complaining that he had been unable to sleep all night, and went out of the house. He returned a few minutes afterwards, and as he entered the room in which Mrs. Feeney was lying in bed, she observed that he carefully held his hands behind him, as though enjjeavoring to conceal something from her view. His manner alarmed her, and she raised herself up in bed, and asked him what he was going to do. He simply answered " nothing," and at the same moment a hatchet fell from his hands to the floor. Mrs. Feeney, now very much frightened, and springing from the bed, begged her husband to quiet himself and to do no harm. Before she had scarcely spoken, he grasped the hatchet from the floor and rushed upon the children, who had by this time come into the room, and brandished the murderous weapon over their heads and aimed several blows at them. The mother sprang to their rescue and warding off the blows of the maniac saved their lives, but could not prevent them from receiving several cuts upon the head, none of which, however, were of a serious nature. The insane man's murderous freak seemed suddenly to leave him, for he turned and rushed from the house still retaining the bloody hatchet in his hand. Mrs. Feeney, alarmed for his safety, took her children and proceeded t6 the house of her nearest neighbor, about a quarter of a mile distant, narrated there the horrible occurrence, and besought the assistance of the inmates to find her husband. One of the men started immedi- ately for East Oakland to summon a physician and police aid, and another proceeded to search for Feeney. After seeking some time the insane man was found, lying upon his side, with his knees drawn up to his chin, as though to bring his body into as small a space as possible, in a hollow known as Sessions' Ravine, about three hundred yards from Feeney's house. When discovered, his first words were that he was cold and wished some one to cover him up. He then asked for a drink of water, and the man went to the house to procure some for him. On his return to the spot Feeney had turned upon his back, and it was then discovered that he was shockingly wounded. His clothes were saturated with blood, and several streams of the life-current were issuing from wounds in his left breast. Constable Nedderman, of East Oakland, and Doctor Bamford arrived at this moment, and Feeney was carried into the house. Upon examination the doctor found no less than eight wounds in the left breast, which had been inflicted with a short knife, such as butchers use in skinning animals, which had been ground very sharp and pointed. Some of the stabs had evidently penetrated the left lung, as at every inhalation of the breath, air flowed with some force out from the wounds. Loss of blood had rendered the unfortunate man extremely weak. Feeney was represented as a man of temperate habits and the owner of about forty or fifty thousand dollars worth of property. On August 4, 1874, Thomas Thornton and Edward Edwards were sentenced to thirteen years' imprisonment in San Quentin for the robbery of W. J. Keating in Oak- land, on the night of May 4th. When being taken over the bay, Edwards complained of the tightness of the handcuff by which he was chained to the other prisoners, and Criminal History of the County. 365 upon examination the Sheriff found that it had cut into his flesh; he therefore loosened it one notch. The fellow returned his gratitude by quietly slipping his hand through the handcuff, and as the boat was about to leave, jumped ashore and managed to make his escape. On the evening of Friday, December ii, 1874, San Leandro was the scene of a fearful tragedy, resulting in the death of two persons, man and wife. The circum- stances of the event are thus told: Leonard Watkins, formerly a station agent and subsequently a Deputy County Clerk at San Leandro, but more recently Deputy County Clerk of Santa Clara County, shot his wife on the street in front of the old Court House, killing her instantly, and then shot himself through the head. There was no accounting for this murder, for the lady was beyond reproach, and its com- mission must have been the result of a disordered brain. 1875. — At the January Term, 1875, Joseph Ratto was indicted for a murderous assault upon his wife, Louisa Ratto, on October 2, 1874, and was tried, January 291 1875, found guilty, and sentenced to one year's imprisonment in the State Prison. On April 16, 1875, a shooting affray with fatal results occurred near the farm of a Mr. McGeery, about five miles northeast of Livermore. It seems that two brothers, George and Jack McGeery, pre-empted adjoining quarter-sections which were con- firmed to them. George McGeery died in the interim and his brother held his ■quarter-section. Antonio Garcia, a Spaniard, who claimed to have had previous possession, had since the death of George McGeery attempted to dispossess the brother and regain the land. The parties had been quarreling for some time, with many threats of violence on either side. On the date mentioned, as Jack McGeery Avas returning with his family, he was assaulted by Garcia and a man named Davis. He tried to escape from them, and sent his family on with a neighbor. Garcia and Davis continued to pursue, while McGeery retreated. Davis was armed with a re- -volver, and Garcia is said to have had a knife. McGeery was unarmed. Finding they could not overtake him, the pursuers mounted their horses, which were near, and stopped'McGeery near his place. Here he was knocked under the fence by one of the persons. McGeery succeeded in getting partly over the fence, when Garcia and Davis got hold of him and dragged him back. McGeery's wife then came to her husband's assistance, bringing a loaded revolver, with which the tables were quickly turned, McGeery shooting Garcia in the breast, causing death in a few moments. The Coroner's jury acquitted him, finding the killing to be justifiable. In the April term of this year Louis Hanson was indicted for assault to murder Lizzie Hanson, his wife, on or about February 23, 1875; he was duly tried, found guilty and. May 5, 1875, sentenced to two years in the State Prison. Joseph Newell was indicted for assault with a deadly weapon upon Thomas Harly, and July 1 5, 1875, was sentenced to nine months' imprisonment in San Quentin. 1876. — During this year Alameda County was the scene of a trial more extraor- dinary than which possibly never occurred in any country. Harry D. Wakefield was arraigned for having married in several States no feWer than eight wives, all of them being alive. His mother, who was a resident of East Oakland, appears to have 366 History of Alameda County, California. been aware of his matrimonial ventures, for when about to commit himself to the nuptial knot for the last time, she wrote to him the following few words of caution: " Be careful that you don't get deceived again — -you know you've been deceived so often." On the night of Friday, June 30, 1876, officer W. D. Thomas was desperately wounded by one Louis Strand, a Norwegian, at East Oakland, under the following circumstances: While Officer Thomas was strolling along East Eleventh Street, on the evening mentioned, he saw his assailant, whom he at once recognized, come along with a box upon his shoulders, but upon being seen Strand turned sharply up another street. This movement aroused the suspicion of Thomas, who knew that Herman Drucker had been moving his large stock of liquors into his new saloon on Thirteenth Avenue, near the Brooklyn railroad station, and that Strand had been working there the day before as a carpenter, and thought that he might have helped himself to a box of liquor. He accordingly walked after the retreating form until he overtook Strand, when he discovered that he had a large box filled with bottles on his shoulder. On being accosted Strand replied that the bottles in the box contained wine, with which he intended to celebrate the 4th of July. Thomas then asked him to set the box down. During this colloquy the parties had reached the corner of East Twelfth Street and Tenth Avenue, where there was a carpenter bench and a pile of lumber. There was a hatchet and a drawing-knife lying on top or among the bottles, and as Strand set the box upon the bench he picked these up. Officer Thomas noticed the movement, but thinking that it was done that he might more readily get at the con- tents of the box, paid no attention to it. This accommodating move and the fact that the man was a hard-working mechanic disarmed him of suspicion, and he care- lessly leaned over the box to inspect its contents. As he was thus stooping over, baring the back of his neck, Strand dealt a murderous blow at him with the hatchet, with the evident intention of severing the officer's spine, or of cutting the jugular vein. Fortunately Thomas caught a glimpse of the quick movement of his antagonist and dodged, throwing up his left arm to ward off the blow. The blade of the hatchet fell heavily across the back of the left forearm about five inches back from the wrist, open- ing a gash three and a half inches in length and in depth to the bone from one side of the arm to the other. The blow deadened the arm and stunned the officer slightly, and before he had fairly recovered, or could get out his pistol — almost before he had time to think at all. Strand aimed another bfow at him, which struck the hand of the same arm, opening the flesh and muscles to the bone, from the junction-knuckle of the middle finger diagonally toward the base of the thumb for a distance of an inch and a half This wound, however, the officer scarcely felt, as that on the arm had already benumbed the hand. Thomas kept attempting to get his pistol, but a third blow fell heavily against his right jaw, near the point of the chin, and knocked him to his knees. Luckily he fell against the pile of lumber, and this doubtless saved his life, as the contact threw him forward upon one foot and one knee and left his pistol hand and arm free. Before the would-be assassin could advance to follow up his advantage, Thomas got his pistol out and fired, almost in his face, shooting him in the forehead. This staggered Strand and he fell back a pace or two, but for which Thomas would doubtless have killed him on the spot. The ball, however, must have Criminal History of the County. 367 struck him on the right side of the forehead, glanced over the skull and come out near the crown of the head, as indicated by two holes and blood in Strand's hat, which was left on the ground. Rallying, the assassin was about rushing upon the officer again, when Thomas fired a second shot, but it is doubtful if this took effect, but it served the purpose of saving his life, for now Strand fairly "bolted," with the officer in hot pursuit. He was duly arrested, tried at the July Term, 1876, and on August 2d sentenced to one year's imprisonment in the State Penitentiary. It may be mentioned that on the night when the tragedy just alluded to was being acted in Brooklyn, Oakland was the scene of no less than three daring burg- laries, the perpetrators of which succeeded in effecting their escape. During the month of March, 1 876, Peter Chisholm and T. B. Mortee were employed as clerks in the office of Higgins& Conkling, stock-brokers, at 322 Montgomery Street, San Francisco. Forsome reason Mortee was discharged from his position and he accused Chisholm with being instrumental in his removal. On June 5th, together with a friend, H. La Grange, he went to Badger's Park, where the picnic of the California Theater Boat Club was being held. There he fell in with Mortee, and angry words immediately passed between them, which resulted in Chisholm's proposing that they go outside and settle their affair by fighting. Mortee objected fo this manly way of terminating the difficulty, however, and instead picked up a piece of two by three scantling, with which he struck his opponent just over the ear, crushing the skull and making a horrible wound, from which he died. The slayer claimed to have acted in self- defense, and was held to answer before the next Grand Jury. He was duly tried, but on the jury failing to agree, was discharged March 15, 1877. During a quarrel about a woman at Alameda on July 13, 1876, Amedee Joseph Deligne was shot by Alfred Janin; while, on the 7th August, Carlos Quinthero was sentenced to imprisonment for life in the State Prison for the murder of "Indian Jim," near Niles, on the nth of March. On August 4, 1876, the trial of Felix Polzinsky commenced in the Third District Court for the murder of a man named Joseph Kreuchefski, both being Russians. The crime was committed in the central part of the county in April, 1876, on the ranch of Mr. Sinkwitz, near Haywards. The deceased had recently rented the ranch. Soon after taking possession of the farm he suddenly disappeared. The defendant was subsequently found with some of the effects of the dead man, and some time in June the dead body was found, buried in a shallow grave on the ranch, with a bullet wound in the throat. Polzinsky admitted the killing, but claimed that the gun was accidentally discharged in a scuffle, the two men having quarreled about the measurement of some wood. He was ii^dicted on July 13, 1876, the cause being transferred to the Third District Court, and sentenced to life imprison- ment, August 7, 1876. 1877. — The pistol was early at work in this year On the evening of January 19, 1877, Lewis Shearer, of San Francisco, was shot and wounded by Henry W. Kind, the affair being the result of a personal matter which need not be here reverted to. Of an other affair that occurred in the same month the Tribune, of January 23, 1877, says: "Last spring there appeared in Oakland a Frenchman, Leon Castangauby name, claiming to have recently lived in Chicago, before that in New Orleans. Being 368 History of Alameda County, California. of a jovial and convivial nature, and exceedingly liberal with his means, he soon acquired a large number of friends. He was also an expert at billiards, and became acquainted with the sporting portion of the community, by playing several public match games of billiards in this city. In the middle of July he took -charge of the Grand Central Hotel billiard-room, and it was while in that situation that he got mto the difficulty which has kept him a prisoner in the county jail for over three months. Castangau and one Henry Zweifel, a bar-keeper at the Grand Central, were m the habit of enjoying a convivial glass together, occasionally, and while liquor tended to make the excitable Frenchman still more vehement in his actions, the phlegmatic Zweifel would become stupidly prone to fits of alternate courtesy and discourtesy. On the afternoon that Cooper & Bailey's Circus gave its first exhibition in this city, Zweifel and Castangau attended that institution in company. Arriving back at the hotel after the performance, a dispute arose between the two and a fight occurred, during which the Frenchman suffered the loss of a portion of his left thumb, either by one of the two pistol shots fired at him by Zweifel, or by the latter's biting the member off, and the bar-keeper was stabbed in the loin. Castangau was arrested and held by the Police Judge to appear before the Grand Jury, who found a true bill against him of assault with intent to commit murder." He was duly tried, and adjudged not guilty. On March 8, 1877, the trial of Jose Rodrigues for the killing of Joseph McDonald, at San Leandro, some three months previously, was commenced before Judge McKee of the Third District Court, when he was found guilty of manslaughter, and sentenced to three years' imprisonment in the- State Prison. At the July term, 1877, Edward Clancey was tried for the murder of Manuel Silva, the circumstances of the case being as follows: An intimacy had been formed between Clancey and Silva's wife, who was an Irishwoman. Clancey* stated that Mrs. Silva had agreed to raise the window of her chamber on the night of the 4th of June last, in case Silva was not at home. Clancey was to give a signal by throwing pebbles against the side of the house. He gave the signal agreed upon, and did not await a response, but ran round to an outhouse near the Methodist Church, Haywards. He had a pistol in his pants' pocket. Silva followed and attacked him with a heavy club, and after receiving two blows, Clancey fired his pistol upon Silva and fled. He did not deny the killing, but claimed that it was in self-defense. He was found guilty of murder in the second degree. Among the items of criminal history mentioned by us as occurring during the year 1869, was the arrest of Patrick Glancy for causing the death of Robert Light- body. Glancy or Clancey was convicted of this murder in the July term 1877, and sentenced to fifteen years' imprisonment in the State Prison. 1878. — At the April term, 1878, Chung Wong, a Chinaman, was indicted for murder. The case was transferred to the Third District Court, but on September 12, 1878, he was declared insane and committed to the Napa Asylum. 1879. — During the year 1879, the only very serious case that we find in the records, was the conviction and imprisonment of Clark De Forrest, June 30th, for ten *=-«IJ-.N- '^ CZ^^Z^^Hy" Criminal History of the County. 369 years in the State Penitentiary, for an assault to commit murder; other than this there were the usual quota of burglaries, and cases of larceny, but none of sufficient gravity that they should be remembered, save by the victims. 1880. — The reader may remember the case of Frederick W. Clarke, who shot Zelotus Reed in 1871. In the meantime he had been charged with embezzling money due the estate of his father, H. K. W. Clarke, and on January 24, 1880, was once more arrested, on the complaint of A. B. Lawson, for the original crime. The case was eventually taken to the Supreme Court, under a writ of habeas corpus and that tribunal under date March 23,* 1880, rendered its decision. The Court held that the fact that Clarke had already been before two Grand Juries, was no bar to the case being again examined into. Judge McKinstry delivered the opinion, in the course of which he said: — Inasmuch as there is no limitation of time appUcable to prosecution for murder, and as a defendant in whose order a dismissal of the action has been made, has never been p Jt in jeopardy, within the meaning of the Con- stitution, a new action on behalf of the people may in such case be initiated at any subsequent day, either by pre- sentment of a Grand Jury or by a complaint filed with any magistrate. As we have seen, if the Superior Court retains the power to resubmit a charge once or oftener dismissed by • a Grand Jury, for any length of time after 'Ave. prosecution has been dismissed, the power may be employed at the option of the Judge or of any number of successive judges, without complaint or evidence or any cause shown. The practicable difficulties inseparable from such construction of the statute seemed to have occurred to counsel, who suggested at the argument that the power should be exercised by the Superior Court only after the defendant had been rearrested under warrant issued out of that Court and his case re-examined. To authorize such a pro- ceeding we would have to supplement the section of the Code with other sections providing for the issue of such warrants, the admission to bail in certain cases, etc. In the first place the language of section 942 is plain, and does not contemplate any new warrant and examination in such case; in the second place, we are not empow. ered to legislate or provide machinery which the law-makers have not provided, but which they have rejected; and, in the third place, no benefit would accrue to a party charged with crime, since the result of the proposed changes in the law would only be to confer on the Judge of the Superior Court in another form the same power which he now possesses in common with all other magistrates, to wit: the power to issue a warrant and to examine and to hold to answer. We have only to add that the main question involved in the present application was expressly decided in ex parte Cahill, 52 Cal., 463. In that case the facts were like those of the present, except that there the County Court had made an order resubmitting to the next Grand Jury, after it had dismissed the action, or discharged the defendant from custody. But the Court did not there hold that the power to resubmit continued after the prosecution had been dismissed, and there could have been no pretense that the order of resubmission in and of itself constituted a warrant or process which justified the Sheriff in restraining the party of his liberty. The Court in terms declared that the Sheriff was justified in holding his prisoner by the warrant of the Justice of the Peace. "The Court say: No bar to another prosecution having occurred, and the prisoner being at large without bail in consequence of the order of the County Court discharging him from custody, it was competent for any commit- ting magistrate of the proper county to exatnine the charge made against him, and if, upon such examination, he appeared to be guilty, to hold him to answer." Judge McKee dissented from this opinion, and on the 29th May, in Department No. 2 of the Superior Court of Alameda County, Judge Greene, after listening to argument by General Irvine, and remarks by District Attorney Gibson, reviewed the case of F W. Clarke, charged with murder, dismissed the prosecution, and discharged the defendant, thus setting him once more free. On the night of Monday, February 2, 1880, a ferocious assault was made on two Chinamen named Chu Fun and Chu Long, at a Chinese gambling-house on Webster Street, midway between Eighth and Ninth, by which the two Celestials named were 370 History of Alameda County, California. terribly cut about the head and face. The affray occurred about eight o'clock over a game of tan, and the assaulting heathens were from Spofford Alley, San Francisco. As soon as the affair was known, officers Ross, Field, and Coughlan hastened to the scene of the probably fatal occurrence, and found the interior of the rooms bespattered with blood on all sides. Stains of blood were also found at the door-sill and on the boards leading to the side-walk. The mutilated Chinamen were carried out of the house soon after they had received their injuries and placed under the care of Doctor Li-Pu-Tai, a Chinese physician of San Francisco. They were subsequently taken to the San Francisco Hospital. Chu Fun was gashed ^fearfully across the middle of the face and through his nose, and from above the ri^t temple through the cheek into the mouth. Chu Long was cut on the head, face, back, shoulder, and arm. On the 6th February Officer Ross captured Loh Ah Wing, one of the five murderous assail- ants, on Eighth Street, Oakland, and took him to the City Prison, and on the follow- ing day he was arraigned in the Police Court on a charge of assault with a deadly weapon. The case was, however, continued, as one of the wounded men was thought likely to die. On Saturday, February 7, 1880, a very painful accident occurred on Second Street, when an unfortunate woman was shot while walking along the thoroughfare. At the inquest eight of the jurors agreed upon the following verdict, and the ninth juror would not add his signature without the additional words which are given below : — We, the undersigned jurors, after inspecting the body and hearins; the -testimony adduced, do find the deceased was named Ellen Stetson, a native of Wales, aged thirty-seven years. That she came to her death on the 7th day of February, a. d. 1880, by a pistolshot wound in the neck, causing immediate death, while she was crossing Second Street, near her residence. And the jury find that the shot was fired by one Jacob Lenz, from the grocery store of William Lenz, while in an altercation with Patrick McFadden. (Signed) George W. Smith, J. J. Kane, J. W. Tuck, John Scott, F. T. Hall, Wm. Williams, Wm. J. Atkinson, ' F. Curniff. The above verdict I agree to, with the addition that I believe the shot was fired in self-defense. Robert Reed. Perhaps no more exciting time was ever witnessed in Oakland than when the intelligence became public that Alfred Lefevre, a dentist, having his office at the corner of Eighth Street and Broadway, had been shot and killed by Edward F. Schroeder, a clerk in the London and San Francisco Bank, San Francisco, on Monday, July 26, 1880. The circumstances of the case need not be here repeated; the details will be found most elaborately portrayed in the periodicals of that time; the page of history is not the place to pamper to a morbid taste for meretricious literature. Suffice it to say that the most eminent legal talent was arrayed on either side; the speeches for the prosecution and defense teemed with erudition, notably those of Messrs. Hall McAllister, Foote, and Gibson, while the charge of Police Judge Yule will take rank side by side with the best efforts of older lawyers. It will not be readily forgotten with what thrilling interest Mr. McAllister held his audience as he defined the fine points of mania, transitory insanity, monomania, and malice, which were successful in clearing Schroeder from this most horrible crime. On May 17, 1880, Low-Kee, a Chinaman, was indicted for the crime of murder, and on July 12th was sentenced to ten years in the State Prison. Criminal History of the County. 371 1881. — On November 9, 1881, A. J. Ross, charged with an attempt to kill special officer Martin, was discharged from custody, and Martin, who was then arraigned, was convicted, but in consideration of the fact that he had suffered severely from knife wounds inflicted during the fight, the Court did not think it necessary to impose a fine. On August 7, 1 88 1, a man named John Taylor was grievously assaulted by one Poblec, near Livermore, from the effects of which he died. He was duly tried before the Superior Court. Since this time the red hand of murder has happily been stayed, although several lives have been taken by accident, but as there did not appear to be any criminality connected with these it has not been thought advisable to mention them in this place. Suicides have been too common, and so will they continue, it is to be feared, so long as the public countenance this means of "shuffling off the mortal coil " and consider it as a right that every individual has. Surely, the life given us to maintain is no more ours to destroy thaji is that of our neighbor. To take both by violent means is equally heinous, and suicides will continue to be the part of the callous as long as the public look upon it as no particular sin. Thefts are too common to notice, and while we pen these lines a young man who had hitherto held a high position in the esteem of his fellows, is under order for trial for embezzlement of the public funds intrusted to his care. As the trial has not yet taken place, no good purpose would be served by making further mention of the circumstance. That crime is on the decrease is due to the efficiency of the officials of Alameda County. 372 History of Alameda County, California. ALAMEDA TOWNSHIP. ("> EOGRAPHY. — Alameda Township is bounded on the north by San Antonio -J- Creek and Oakland Township; on the east by Brooklyn Township; on the south ^ by the Bay of San Francisco; and on the west by the Bay of San Francisco. Topography. — The township of Alameda bears, in outline, some resemblance to the elbow of the human frame; is about one mile in width and three and a half in' length, and has an area approximating twenty-two thousand acres. It has, however, no very marked topographical features, and may be described as a level, sandy plain coyered with umbrageous oaks, which still give to the place an air of sylvan retirement. Its southern boundary is a well-defined water-front, somewhat abrupt, merging north- ward into marsh or overflowed lands, all of which are susceptible of reclamation. Stream^. — There are no streams in the Encinal or Alameda, but being a peninsula, as its name implies, it is necessarily washed on three sides by water, those ofthe San Antonio Creek and San Leandro Bay being all-important, for here are we to have the capacious Oakland Harbor, with its adjuncts of shipping and commerce, in which Alameda will naturally share as well as its greater sister of Oakland. Climate. — Compared with San Francisco and Oakland the climate of Alameda is remarkably mild. The westerly sea winds of summer which sweep over the former and round the bay, are less than a mile high. They are gradually arrested by the Coast Range of mountains, and partly by the easterly current of air which overlaps the lower stratum. This easterly current is always dry in summer, coming, as it does over the arid soil of the San Joaquin Valley, where it encounters a solar temperature of nearly one hundred degrees Fahrenheit. First, then, we see that the resistance which is offered to the westerly current either modifies its force, or entirely overcomes it before it reaches the Encinal; and, as a secondary consequence, the fog-bank is not only held at bay, but it is absorbed by the hot, dry, easterly current which is contin- ually pushing seaward. Together these causes conspire to lessen the amount of summer winds, and to make fogs the exception to the general rule. Thus, while the citizens of San Francisco are immersed in dense fogs and subjected to high winds, Alameda, but twenty minutes of time distant, is enjoying the clear, calm sunshine of a delightful climate, which is neither so cold as to be uncomfortable, nor so hot as to be oppressive. Though the same remarks will apply, to some extent, to the climate of Oakland, yet, owing to the fact that the northern boundary of that city being covered by the waters of the bay, and the city itself being nearly opposite the Golden Gate and thus more exposed to the direct force of the trade-winds, there is probably as much differ- ence between the climate of Oakland and Alameda as there is between San Francisco and Oakland. Alameda Township. 373 Soil. — Nothing can be said in this regard but that nature has been more than usually benign to this favored spot. The soil though sandy is extremely productive, being especially adapted to the growing of small fruits and vegetables, while Ray Farm Island bears a reputation for its fertility which is unsurpassed. Products. — Alameda Township is not a farming district in the proper sense of the term. Its products are almost entirely confined to the raising of fruits, tubers, and vegetables, which, owing to the peculiarity of its climate, and to its warm, sandy soil, are usually the first in the San Francisco market. Flowers, too, grow with marked luxuriance as the many well-kept gardens can testify, while its nurseries are industries which fully sustain the above remarks. Early in the year 1870, a correspondent of the Scientific Press while dilating on the delights of Alameda's temperature and its adaptability for the production of semi- tropical fruits, says: " At Mrs. Doctor Haile's residence I was shown the noted lemon tree, the seed of which the late Doctor Haile brought from Panama in his vest pocket and planted fifteen years ago, where it is now growing. The tree stands eighteen feet high, is very symmetrically formed, vigorous and thrifty, branching low, and spreading sixteen feet across. The lady informed me that at least two hundred and fifty lemons had been gathered from the tree that season, and I estimate the number on the tree now at three hundred and fifty. The tree has produced fruit several seasons. I saw lemons in all stages of growth from the blossom to the ripened fruit. The full-grown fruit is of medium size and very beautiful. The quality is excellent. The skin is rather thicker than the imported lemon, while the pulp, though acid, is exceedingly pleasant." It will thus be seen that the lemon and the orangejwill withstand here the frosts of winter, while who shall say of what the spring and summer months are capable ? The yield of such delicacies as asparagus and tomatoes is enormous and most profitable — five hundred dollars per acre of the first named has been cleared on Bay Farm Island — while all land for such purposes commands high rents. Of the numerous orchards what shall we say: As early as the month of February the eye is gladdened with the almond tree in full bloom; then come the white, snow-like blos- soms of the cherry, to be followed in quick succession by those of the plum, the apple, and the quince, which brings this gorgeous floral fete half-way into the month of April. Then comes with unerring certainty the growth and ripening of the fruits, accompanied by the springing of flowers. He who visits Alameda in the spring-time will be ravished by the beauties which surround him; his autuninal visit though not so kaleidoscopic still bears the sense of fruitful plenty and quiescent comfort, twin benefits that make man feel at rest with himself and the whole world. Timber. — Nearly the whole peninsula of Alameda is covered with live-oaks, whose beautiful forms and ample boughs lend an air of pastoral retreat to the place. As the town has been laid out and the necessary thoroughfares graded, many of these have been removed, but enou'gh remain to leave to the imagination the filling- in of the picture as it was when the first settler made his appearance in the quest of game among the thick undergrowth and gnarled trunks of these ancient groves. With the advance of time many other trees have been planted to embellish the homes 374 History of Alameda County, California. of citizens, but none of these — variable species though they be — are so noble as the primeval oak, which, happily, are under the fostering care of the " city fathers." No oak may be laid low without permission of the Board of Town Trustees. Mexican Grants. — This township has no especial Mexican Grant in itself, but was a portion of the Rancho de San Antonio, granted to Don Luis Maria Peralta, and by him given, with other property, to his son Antonio Maria Peralta. It was originally called "Bolsa de Encinal," and sometimes "Encinal de San Antonio," the first-named meaning the low-lying or level lands of the peninsula, and the last the peninsula of San Antonio, taking its style from the creek of that name. Early Settlement. — Prior to that memorable year, 1 848, when gold was discov- ered by James W. Marshall in the tail-race of Sutter's Mill at Coloma, the Encinal of Alameda was, to all intents and purposes, a terra incognita to the Anglo-Saxon. It is true they may have looked upon it from the distant shores of Marin County, while their ships lay in the cove of Saucelito taking in supplies of water, or perchance have gazed upon its wooded area from the sand-dunes of Yerba Buena, and thought of it as a place where game should be found in more or less plenty; but that it was ever visited by them is a matter of which there is no kind of record. That it was a land beautiful beyond comparison, we know from what we to-day see of its pristine groves whence it takes its name. With the advent of the immigrant its productiveness was soon put to the test, and at a very early date it became the resort of the hunter, the trapper, and the charcoal-burner, who on landing found the ground occupied by coyotes, quail, hares, rabbits, and possibly deer in companionship with stray herds of cattle that had foun4. their way to this shady retreat through a brush-fence con- structed by Antonio Maria Peralta, the course of which is described as being from where the Fruit Vale Station of the Central Pacific Railroad now stands, along the line of the avenue leading to Park Street in the town of Alameda. It has been elsewhere stated that on August 23, 1820, the Spanish Government, on account of services rendered to his country, granted to Don Luis Maria Peralta an estate comprising no less than five leagues of land of the fairest territory on the Pacific Coast. In this was included the Encinal de San Antonio, now known as Alameda Township, which he transferred to his son Antonio Maria, who held it intact until the year 1850, when he leased a portion of it to two Frenchmen named Depachier and LeMaitre, who acquired the tract for the purpo.se of supplying the San Francisco market with fire- wood, the -cutting of which they claimed under the provisions of their lease, but which, we are informed, actually forbade them doing so. These two gentlemen were the actual pioneer settlers of Alameda Township; the next were W. W. Chipman and Gideon Aughinbaugh, the latter of whom still resides on the peninsula. 1850. — In a lengthy interview with Mr. Aughinbaugh he informed us that he arrived in San Francisco in the year 1849, ^" bowling-alleys,- etc. The building destroyed by fire was intended for the club-house and was fur- nished in very superior style. The bowling-alleys were laid, etc., but the hotel proper was, for causes unknown, never built. The premises thus furnished and ready for occupancy were leased to Frank Johnson, who opened them to the public under the most flattering auspices. People came over in crowds to Alameda, and the hotel, large as it was, proved insufficient to accommodate them. After a while, Johnson,, finding that he was making nothing, notwithstanding "the rush," disposed of his interest to McDonald, who formerly kept an eating-house at the corner of Clay and Leidesdorff Streets, San Francisco, who, in a very short time, discovered that he " couldn't keep a hotel;" and he in turn was succeeded by Mr. Reed, formerly of the Weber House, Stockton. Reed's path was not strewed with roses; for the business had fallen off — the prestige of the place had gone — and he very soon went with it. It then stood unoccupied for some time, and, until purchased by Doctors Trenor and Tucker, to be used as a Private Insane Asylum with the first-named gentleman as resident physician. This purchase was made in the latter part of 1866, from which time, up to the middle of December, 1870, it was used as a refuge for insane persons whose friends could afford to place them beyond the prying eye of the general public. On June 20, 1 871, the hall belonging to the Independent Order of Good Templars was dedicated, while, on the 8th August, the Alameda Academy of Professor J. T. Doyen was destroyed by fire and its entire contents consumed. The following " shooting scrape," the circumstances attending which we glean from the Encinal, took place on August 29, 1 87 1: " Our usually quiet and peaceable community was terribly startled on Tuesday evening, on learning that a triple shooting scrape had taken place within our borders. A meeting of the "Independent" party had been held in Good Tem- plar's Hall, and had just terminated at a trifle after 10 o'clock; a number of people who had attended the political gathering were engaged in conversation in the bar- room of the ' Loyal Oak,' when a young man ran in to inquire the whereabouts of Alameda Township. 381 Dr. Trenor, at the same time stating that a man had been murdered by a burglar. A stampede was at once made in the direction indicated by the informant. Constable Val- entine immediately closed up his saloon, and in company with three others, also started for the scene. In going through Pacific Avenue, and when within about fifty yards of the spot where the affray took place, this party observed a strange-looking man step out from under a tree into the middle of the road. Going up to him, one of the men asked him who he was and whence he came; to which he made answer that he had just walked in from San Leandro. He at first denied all knowledge of any shooting, but finally acknowledged that he had just shot a man, and said that he had been compelled to do so in self-defense. He was thereupon taken in charge and con- veyed into the presence of the one whom he had shot, who, instantly recognizing him, exclaimed, 'Patton! O you devil, Patton ! You did it!' Patton was immediately taken away and kept in custody until a conveyance could be procured in which he could be taken to the jail at Oakland." The cause of the quarrel was a girl! 1872. — Let us now turn our attention to the second incorporation of the Town of Alameda. During 1870 some of the citizens took measures to have this "consumma- tion devoutly to be wished " brought to a focus, therefore on January 27th of that year a meeting was held at the Yosemite House to hear the report of a committee that had been appointed to draft a bill for the incorporation of the town. It was agreed that such was desirable, but it was evident that many of the large property-holders were averse to making the town anything other than a place of country residence. The bill agreed upon at this time slumbered in the Legislature, and never became law; but, on March 7, 1872, " An Act to incorporate the Town of Alameda" received the Governor's approval, the first section of which ordered as follows: "The people of the Township of Alameda, in the County of Alameda, are hereby constituted a municipal corporation by the name of the Town of Alameda, and the boundaries of said town shall be the same as now form the said township of Alameda." The Government of the newly incorporated town was vested in five Trustees; one Assessor, who was ex- officio Superintendent of Streets; one Treasurer, who was also Clerk of the Board of Trustees; while the township Justices of the Peace and Constables were, by the Act, authorized to perform their duties in the town. An election was ordered to be held on the first Monday in May of each year, and the Trustees were ordered to assemble ten days after the first election for the transaction of business. This Act was amended in 1876, and in 1878 a new charter was adopted. ' These Acts restricted the amount of taxes that could be levied for town purposes and restrained the officials of the town from creating any indebtedness, or expending in any year a larger sum than was derived from taxes in that year. By this wholesome restriction Alameda is entirely free from debt at the present time (1883), save forty thousand dollars which the Legislature authorized by special Acts, for the purpose of purchasing lots and build- ing school-houses. As a result the credit of the town stands high, while as a showing for the bonds issued to build school-houses, Alameda has five splendid institutions of learning with a capacity to accommodate thirteen hundred pupils, while the school department gives employment to twenty-six teachers. But to return to the original Act of 1872. On the 30th March the Board of Supervisors ordered that the town 382 History of Alameda County, California. election be held May 6, 1872, at which date the first corporate officers of the town of Alameda were elected, viz.: H. H. Haight, E. B. Mastick, Fritz Boehmer, Jabish Clement, Henry Robinson, Board of Trustees; Dr. W. P. Gibbons, William Holtz (for three years), Cyrus Wilson, Nathan Porter (for two years), Fred. Hess, F. K. Krauth (one year). School Directors; Thomas A. Smith, Treasurer; E. Minor Smith, Assessor. The Board of Trustees met for organization May i'3, 1872, when H. H Haight was elected President, and every Tuesday evening declared to be the time when the Board should convene, and stated that Smith's Hall, at the corner of Park Street and Pacific Avenue should be the place of meeting, and in that building and by the above-named gentlemen, was the official machinery of the town set in motion. Among the first duties undertaken by the Board of Trustees was the fixing of salaries to be given its employe's. On May 21, 1872, it was ordered that the emolu- ments of the Town Treasurer should be five hundred dollars per annum, and one per cent, of all moneys collected by him on account of taxes, licenses, and street assess- ments, so long as the sum did not exceed one thousand dollars a year. The salary of the Assessor was fixed at six hundred dollars per year; that of the Clerk at twenty dollars per month, and that of the Street Superintendent at thirty dollars per month, but these rates were changed, however, on November 12th, so far as regarded the Treasurer and the Clerk, the former of whom was to receive seventy-five and the latter forty AoWaxs, per mensem, but, on October 14, 1873, the Clerk was only allowed thirty-five dollars a month and was called upon to perform the 'duties of Clerk to the Board of Education besides his other functions. May 21, 1872, W. H. Porter was appointed Town Clerk, and on the same date a petition was received from James Riddell and H. F. Shephardson, praying for the macadamizing of Euclid Street, which was referred to Mr. Mastick, and on June 4th, the work ordered to be performed. On the 28th of this month E. Minor Smith was appointed Superintendent of Streets; there being also passed on the same date an ordinance levying a poll-tax of two dollars on each male inhabitant over twenty-one and under sixty years of age, and ordered to take effect immediately. By the Treasurer's report the state of the town finances on July ist showed a balance in hand of six hundred and twelve dollars and sixty-six cents. As early as July 2, 1872, the subject of water for town purposes occupied official attention. On that date Mr. Robinson presented a resolution which was adopted, " That the Committee on Ordinance and Judiciary be authorized and requested to purchase a lot on Central Avenue, near Park Street, or, on Park Street, near Central Avenue, at a price not to exceed eight hundred dollars, and of dimensions not less than fifty by one hundred and fifty feet, and, that immediately after such purchase the Com- mittee be authorized to contract for the boring of an artesian well upon said lot to a depth not exceeding one hundred and eighty-five feet, and to erect a box-tank of ten thousand gallons capacity, and to provide the necessary machinery for raising the water." Diffi- culties, however, were experienced in gaining water at this point, therefore on July 23d the same Committee were authorized to lease a suitable lot on Central Avenue, between Euclid Street and West End Avenue, where a well was to be sunk, or a reservoir for salt water built, and the proper machinery erected so that water might be procured for the purposes of street sprinkling. In the year 1876, however, B. R. Norton in Alameda Township. 383 boring a well at his plac2 at the corner of Grand Street and Railroad Avenue, found such an abundant supply of water that he at once conceived the idea of laying pipes throughout -the town, and supplying the inhabitants from this source. He at once placed himself in communication with the Board of Trustees, and on June 6th entered into a contract to supply the town with water for a period of five years, for one hundred dollars per month, the quantity to be so supplied being, " all the water that two sprinkling-carts holding six hundred gallons each, and each drawn by two horses and working ten hours a. day, can distribute during the dry season." A company was formed, of which he was the principal stockholder and manager, which, August 22, 1876, obtained a franchise from the town, and laid pipes on portions of the chief thoroughfares. But the town had made such rapid growth that this company was unable, with its resources, to lay pipes to properly supply the inhabitants, though the quality of the water was first-class, and until the year 1880 the company had sufficient ' for all who had connection with its mains. In the latter part of 1879, Captain R. R. Thompson commenced to bore wells on the old Farwell place, on High Street, to ascertain if a sufficient supp'y could be obtained to justify him in undertaking to con- struct a water-supply for the town. He obtained from four wells an abundance, and on .April 6, 1880, obtained a franchise to lay down and maintain for fifty years pipes to supply the town with water. Since then work has been vigorously pushed on this great and costly enterprise, until at the present time a net-work of iron pipes extends throughout the length and breadth of Alameda, and pumping works have been erected capable of raising over a million gallons of water every twenty-four hours. The town has now the best supply of water of any place on the coast. On July 30, 1872, all ordinances passed by the Board of Trustees were ordered to be printed in the Alameda Encinal which thus became the official organ of the town, and, August 13th, Mr. Robinson was elevated to the position of President of the Board on the retirement of Governor Haight, who was succeeded in the office of Trustee by Charles Wood. On September 24th a map of the streets drawn by Alfred Bannister was adopted, and October 7th, a tax of seventy-four cents on each one hundred dollars of taxable property was ordered to be levied. December 17th a communication was received by the Board of Trustees from J. W. McKee, agent for Hays and Caperton, and A. S. Barber, asking that the dedication of the following streets be accepted, and that they be recorded on the official map of the town, viz.: Continuation of Lincoln Avenue through the Hays and Caperton property to Ver- seilles Avenue: Continuation .of Santa Clara Avenue through the Hays and Caper- ton tract to Verseilles Avenue: Continuation of Broadway through the Hays and Caperton tract from Central Avenue to Buena Vist.i Avenue. 1873. — Early in the year 1873, it had become necessary to devise means whereby the expenditure required for the improving and watering of streets and constructing sidewalks should be defrayed. To this end, on February 28th, it was ordered that the sum of ten thousand dollars should be borrowed from the Union Savings Bank of Oakland, and set apart especially for these purposes, and no other, under the head of "Street Fund." On May 6th we find that W. W. Chipman deeded to the town a strip of land sixty feet wide- and four hundred and twelve feet four inches long to 384 History of Alameda County, California. complete the line of Santa Clara Avenue, while on the 20th of the same month a com- munication was received from Mary R. Fitch dedicating to the town, " all streets laid out and shown on the map of the 'Fitch and Sharon' tract, as per Stratton's survey, together with the extension of all streets running north and south to Atlantic Avenue, an offering which was duly accepted. The municipal officers elected this year were, E. B. Mastick, Henry Robmson, Jabish Clement, Eppes Ellery, Alonzo Green, Board of Trustees; M. W. Peck vice Krauth, and F, Boehmer vice Hess, School Directors; Thomas A. Smith, Treasurer; E. Minor Smith, Assessor and Superintendent of Streets; W. H. Porter, Clerk. On August 5, 1873, there being then in contemplation the extension of High Street, and the building a bridge to Bay Farm Island, Mr. Green, of the Board of Trustees, to whom was referred the affair, reported: "In the matter of bridging the slough in order to make a permanent landing at all times of tides, for the town of Alameda, I find the most practicable point to cross the slough is on Peach Street, where it will require a bridge one hundred and fifty feet long; the distance to build a road will be six hundred feet. I think parties interested will build the road and a wharf without expense to the town of Alameda as soon as a bridge is built." The report was received and the matter of building referred to a committee to prepare plans and specifications, who, August 12th, reported that it would be advisable to have the bridge built at the end of High Street, and submitted plans. Proposals to construct were thereupon called for, and on August 26th, six bids were received varying from that of A. Nelson for six hundred and twenty-five dollars to that of A. M. Bur- rell, three hundred and forty-four dollars. Meanwhile, however, delay occurred, and on February 3, 1874, all bids were ordered rejected and a special committee appointed to report — some being anxious that the bridge should be from Peach rather than from High Street; the first, however, being chosen at a meeting held on the lOth. This brought forth further opposition. A petition numerously signed by citizens was pre- sented to the Trustees urging the building of the bridge at the foot of High Street, while Bray and others offered to defray the expense of construction, in part, should it be placed there. This apparently had no influence, however, for the bid of Charles H. Foster was accepted to build the bridge at Peach Street. November 4, 1873, O. W. Briggs was appointed to succeed Mr. Porter in the offi:e of Town Clerk, and thus we wind up the official duties of the year. Of the matters of general interest which occurred in the year 1873, we find that the Episcopal church was dedicated by Bishop Kip on the 21st September, and on the 28th of the following month, Justice of the Peace, Milton Combs, was called upon to cross the dark river. Of this public official the Encinal of November ist savs: " For more than a year past this community has known of the invalid condition and has, taken note of the gradual passing away of Justice Combs, and yet all felt startled when the news spread through the town on Tuesday evening that he was dead. The awful fact could scarcely be realized. Occasionally, during the past few months he would appear on Park Street for an hour or so, when the weather was warm and pleasant, and at times he and his friends indulged the hope that he would soon be out among his fellow-men to fight the battle of life. It was a mistaken idea. Death had marked him long ago, and, like a skillful angler, was only toying with him until he :A^i>>Mta:ti4W»u>«t4fc^ U^<^i-.-£^a>^ (^y/Oaa^ Alameda Township. 385 had worn him out, and he could be brought into his fold an easy prey. He died from sheer enervation; there was not enough strength in his system to sustain him even after he had been freed from disease. Worn out; and death came to him as a great benefactor. During his long sickness he never lacked sympathizing friends who cheered him with their presence even to the last moments of his life and then forsook him not. Milton Combs at the time of his death had resided in Alameda a trifle over four years. He came here with his family — -a wife and two children — from Brooklyn, Nevada County, where, for some years, he had served as a public officer and engaged in mercantile pursuits. He had amassed considerable wealth, in company with a rela- tive, Justice McGowan, but, unfortunately, could not retain it. The town, like most mining towns, fell into decay, and gradually, day by day, their hard-earned hoard decreased, until at length they, with others, were compelled to close up business. Both were honest men. They paid out their last dollar and trusted in Providence for the next. Mr. Combs tried to live in San Francisco, but the bleak winds and close con- finement to business drove him from that side of the bay to this. Here he engaged in the saddlery business without capital and not in robust health. Gradually, disease told upon him and he could not give that attention to his affairs that was necessary to make them successful. After a while he was solicited to accept the position of Justice of the Peace for Alameda Township. He consented, and has held the office for two years. Latterly he has tried cases while lying upon his bed of sickness. The people found in him an excellent officer and were determined to keep him as long as his life lasted. He was just in the prime of life, only forty-two years of age." The " Fell Reaper" gathered into his fold on this year another gentleman, who, perhaps more than any other, is identified with the history of Alameda Township. W. W. Chipman, who died November i6, 1873, was a remarkably active man; always immersed in land matters, as well for himself as his clients. He literally died in harness. Years ago, when the Encinal de San Antonio was a wilderness, Chipman and Aughinbaugh — -then both men of means and indomitable energy — -bought the greater portion of the town and started gigantic improvements — roads, wharves, dykes, and bridges—which, had they been completed, would have made Alameda famous years before. Too sanguine of ultimate and speedy success, and consequent fortune, these pioneers worked up all their own means and then commenced to borrow on their landed interests. This was in the days when money commanded four and five per cent, a month. Ere they could realize their fondly cherished wishes, disaster came in the shape of foreclosures and they soon found themselves reduced from landed millionaire^ to possessors of a few paltry acres. The late Charles Minturn became the purchaser of his large tracts about this time, which he held almost intact until the day of his death. Now they are passing, or have passed, into other people's posses- sion, by foreclosures of mortgages made by him in the early days of their .purchase, and upon which he had been paying heavy rates of interest for many long years — always hoping, even against hope, for a rise in value which would clear them of their incumbrances. Had he lived a year longer in sound health, his hope might have been brought into full fruition. Both these men — Minturn and Chipman — had wonderful confidence in the brilliant future of Alameda, where both hoped to retire upon a foot- ing independent of the world and its vicissitudes. Alas for human foresight and 386 History of Alameda County, California. human calculation — the riches of both men are to-day embraced in a few feet of land in the charnel-house of the Quiet City! 1874. — On January 6, 1874, certain amendments to the Town Charter were directed by the Board of Trustees to be sent to the Alameda delegation of the Legis- lature with the request that they be passed, while on the 31st these amendments were discussed in mass-meeting assembled. In the year 1871, a highway was opened from the peninsula to the main-land by way of Webster Street. On March 1 7, 1 874, a resolution was introduced and adopted requesting the Board of Supervisors to take such action as would be necessary to secure the enactment of a law giving said Board full control of the bridge and road- way, the President of the Board of Trustees being requested to secure the co-operation of the Council of the city of Oakland to that end. To this the latter body would appear to have objected, for we find the Alameda Trustees passed, May 11, 1875, the following: — Resolved, That the copy of a resolution purporting to have been passed by the Common Council of the city of Oakland, and certified by H. Hillebrand, City Clerk, May 10, 1875, be returned by the Clerk of this Board to the said Common Council, and that this Board regards the threat embodied in, and the style of, the resolution as uncalled for and unbecoming the city of Oakland. Accordingly the original resolution was duly returned to the civic dignitaries of Oakland, the intention of which was the repair of the bridge and the willingness of Alameda to defray one-half of the expense. The bridge was subsequently repaired as intended in the first instance. Again, in 1877, the Webster-street Bridge was declared in an unsafe condition by the Oakland Common Council, and the co-opera- tion of the Board of Trustees of the town of Alameda requested. On August 28th the latter body appointed a committee to Inspect, who reported that an outlay of one thousand five hundred dollars would be necessary, upon which the following motion was carried: — Resolved, That the Clerk be and he is hereby instructed to inform the City Council of the city of Oakland that this Board appreciates the necessity of repairing the Webster-street Bridge, but that there is no money In the town treasury which can be applied to that purpose; and that the Charter of the town prohibits this Board from contracting any debt against the town except there be money in the treasury to pay the same. It may be mentioned that up to the year 1871 the only wagon outlet from Ala- meda was by way of Park Street to Brooklyn (East Oakland), or by High Street to the county road. During that year an Act was passed by the Legislature authorizing the issuing of bonds to obtain money to construct a bridge over San Antonio Creek, and a roadway across the marsh to connect with Webster Street. This road opened up a route that has done much for the town. There is now an enormous travel over it, and it is the shortest and most direct thoroughfare from Alameda to Oakland. On April 10, 1874, the President of the Board of Trustees having called Mr. Ellery to the chair, announced the death of Jabish Clement, Esq., late one of the Board, and paid an appreciative and impressive tribute to his memory, finishing his address by offering the following resolutions, which were unanimously adopted, and speak for the high character of the man : — Resolved, That we have received intelligence of the sudden and premature death of Jabish Clement, a worthy member of this Board, with feelings of profound regret for ourselves and of heartfelt sorrow for the stricken family of the deceased. Alameda Township. 387 Resolved, That the deceased, in all the relations of life, sustained a reputation, blameless and irreproachable,^ and that in his death this Board has lost one of its most able, industrious, and influential members; the town, one of its most useful and public-spirited citizens; the Bar an honorable, worthy, and most promising member; and his family a considerate and devoted husband and father. Resolved, That we extend to the family of the deceased our warmest sympathy in this dark hour of their bereavement, and counsel them to take consolation in the reflection that a blameless life must have secured a bliss - ful future. Resolved, That these resolutions be spread upon the records of this Board and that the Clerk transmit a copy of them to the family of the deceased. In regard to the officials of the town themselves, we find that Mr. Mastick resigned his seat at the Board of Trustees on February 24, 1874, and was succeeded by Nathaniel Page, while at the election of May 5th the following result was attained : Henry Robinson, E. B. Mastick, Alonzo Green, Eppes Ellery, William H. Wenck, Board of Trustees; H. H. Haight, Cyrus Wilson, School Directors; Thomas A. Smith, Treasurer; E. Minor Smith, Assessor and Superintendent of Streets; and, June nth, John Ellsworth to be Clerk vice Briggs, who, in turn, was succeeded by Lyttleton Price in that office on September 29th. On October 5th the tax levy was fixed for the year 1874-1875 as under: General Fund 25 cents on the $100 Street Sprinkling Fund 05 " " School Bond Interest Fund 05 " " School Fund 25 " " Total 60 cents on the $100. In 1874 the Board of Trustees built a great many sidewalks in the town. To some it appeared to be an unnecessary outlay, but the wisdom of the act became apparent, as the town settled up rapidly, and the sidewalks that in some cases had been constructed in front of vacant property very soon were trod by newly acquired inhabitants. Of the streets, Central and Pacific Avenues were the only thoroughfares for many years that were improved. They, however, were pleasant drives, and the bulk of the travel passed over them; but in 1874 streets were to be found in every quarter bearing names to suit the tastes of the original owners of the property, but which the Trustees periodically changed to those considered more appropriate; thus, on May 5th of this year, we find them ordering the fishy cognomens of Dolphin, Pike, Salmon, with front streets to be altered to Minturn, Union, Lafayette, and Schiller Streets. 1875. — It was resolved on March 9, 1875, by the Town Trustees: ' ' That habitual intemperance on the part of any emplbye of this Board shall be deemed sufficient cause for dismissal. Drinking of intoxicating liquors, 'treating' or being 'treated' at any bar or saloon by any policeman, regular or special, while on duty, shall be deemed sufficient cause for removal from office. " And April 6th, an ordinance ordering all public houses to be closed between mid- night and 5 A. M. was passed. The officers elected for the year 1875-76 were: Henry Robinson, E. B. Mastick, William H. Wenck, Eppes Ellery, Alonzo Green, Board of Trustees; J. W. Clark, C. G. Mead, School Directors; Thomas A. Smith, Treasurer; E. Minor Smith, Assessor and Superintendent of Streets; Lyttleton Price, Clerk. 388 History ok Alameda County, California. On September 7, 1875, a franchise was granted to Littledale and Goldthwaite to erect a wharf at the foot of Peach Street, for a term of fifteen years, the Board of Trustees reserving the right to regulate tolls and charges; while, on the 4th October, the name of Euclid Street was changed to Webster Street, that which it now bears. The taxes fixed to be levied for the year 1875-76 were announced October 4th, and are as follows : — General Fund 14 cents on the'$loo Street Sprinkling Fund 10 " '' School Bond Interest F'und 06 " " School Fund 25 " " Total 55 cents on the $100. It may be interesting to note that on the 20th March of this year the first car of the Alameda, Oakland, and Piedmont Railroad was received in the town and placed on the track; and, that in the month of June the Alameda Harmonic Society was inaugurated, and the following named officers elected, who were empowered to make arrangements for the selection and purchase of suitable grouhds on which to erect a Music Hall, viz., Adolph Mayrisch, President; Dr. Eichler, Vice-President; C. Volberg, Secretary; Fritz Boehmer, Treasurer; Mr. Kustel, Jr., Librarian; Messrs. W. H. Wenck, Conrad Liese, and William Holtz, Building Committee. We close the chronicles of the year 1875 with the statement that the magnificent High School building was dedicated with appropriate ceremonies on' the 30th Octo- ber. 1876. — On May 22, 1876, James L. Bissell and his associates received the author- ization of the Board of Trustees to lay gas-pipes throughout the town of Alameda; while in the matter of streets, an ordinance regulating the manner of laying sidewalks, and of what they should be composed, was passed. August 1st, it was unanimously resolved, "That all streets in Alameda running easterly and westerly shall be a uniform width of not less than seventy- five feet, and those streets intersecting shall be a uniform width of not less than sixty feet. That every street opened hereafter shall be made to accord with the above-mentioned proportions, and that the streets already opened be altered, where necessary, to suit said measurements, as rapidly as considerations of equity and justice will allow." All of which was proceeded with without delay. On December 26th, E. H. Miller presented to the Board a deed dedicating to the town of Alameda, for public use as streets, highways, and avenues, all those parcels of land in said town designated as thoroughfares on a map of Oak Park, Ei;cinal of Alameda, Alameda County, Califor- nia, 1876, as recorded in the County Recorder's office in Book Number One of maps. Up to the year 1876, it would appear that the town had been without any regu- lar fire organization. On September 26th, however, the enrollment of a Fire Com- pany was reported to the Board of Trustees, and its willingness to take charge of any apparatus which the town might intrust to it. The tender was duly accepted, and on January 6, 1877, the purchase of a lot on Webster Street whereon to build an engine- house was authorized, while, on April nth, hydrants were reported ready for use (the first in the town) at the corners of Bay Street and Central Avenue, Bay Street and Alameda Township. 389 Pacific Avenue, Grand Street and Central Avenue, and Grand Street and Pacific Avenue. On December 9, 1879, the purcliase of a bell, one thousand pounds weight, was ordered, but it was not until October 19, 1880, that the Fire Department of Ala- meda was created. At this time the town was divided into two Fire Districts: the portion lying east of the center line of Grand Street being constituted District Number One, and that part of the town lying west of said line, District Number Two. On November i6th. Citizen Hook and Ladder Company, No. i; Thompson Hose Com- pany, No. I ; and West End Engine Company, No. 2, were admitted into the Depart- ment; and, on December 7th, arrangements were entered into with Captain R. R. Thompson to furnish all the water for fire purposes and for flushing sewers, and to give the use of his pressure-engine for all fire purposes for two dollars and fifty cents per month for each fire-hydrant, commencing from December i, 1880, while he was in addition to establish a telephone line from Encinal Station to Webster Street. June 21, 1881, Whidden Hose Company, No. 2 (late West End. Engine Company, No. i); Central Hose Company, No. 3, and Pacific Hose Company, No. 4, were admitted into the Department. ' Among the general events occurring in the year 1876 we may note the establish- ment of the post-office at West End under the management of J. W. Clark, the official name being Encinal ; and the establishment on April ist of the Alameda Loan and Building Association with a capital stock of one million dollars divided into five thousand shares of two hundred dollars each, the directors being, F. Boehmer, P. W. Barton, J. H. Hardman, D. L. Munson, H. A. W. Nahl, A. Newberg, Denis Straub, A. Schroeder and A. Volberg ; and the incorporation in the month of December of the Alameda Water Company, for a term of fifty years, capital stock one hundred thou- sand dollars divided into ten thousand shares of ten dollars each, the Directors .being B. R. Norton, O. J. Preston, C. D. Wheat, F. Boehmer, and Theodore Bradley. 1877. — In the year 1877 the sewering of the town was commenced, the first men- tion of such in the records being on February 6th, when certain property-owners petitioned for a vitrified iron-stone pipe-sewer in Park Street, on which, March 6th, a general sewer ordinance was passed. There is now a splendid system of sewerage throughout the town, the chief drains being in Oak, Walnut, Chestnut, Union, Grand and Webster Streets, together with others in Alameda, Central, Santa Clara, Railroad and Pacific Avenues. On February 20th a franchise was granted to Theodore Meetz, Louis Fassking, Thad. S. Fitch, and their associates to lay and maintain an iron railroad, the line to commence on Park Street, at the southerly line of Railroad Avenue; running thence southwesterly along Park Street to Central Avenue; thence running into and along Central Avenue and Harrison Street southeasterly to High Street ; thence running into and along High Street, southeasterly to the town line. In the year 1877 the matter of building a Town Hall was first mooted, and on the 20th of that month Messrs. Barton and Mastick were appointed a committee to report a plan for the erection of such, who, April 17th, reported favorably on the plan submitted by Mr.JFoster, when, the Clerk was directed to advertise for plans and speci- fications for erecting the building as well as an engine-house, the cost not to exceed two thousand eight hundred dollars. June 12th Mr. Foster entered into a contract, 390 History of Alameda County, California. under bond amounting to two thousand dollars, to complete the erection, but, at a reduced price of twenty-six hundred and forty-nine dollars, after which the construc- tion was proceeded with and the building eventually occupied. The next event in chronological order in the year 1877, is the commencement of the narrow-gauge railroad. On April 24th the right was granted to the " South Coast Pacific Railroad " to construct, maintain, and operate, and to transport passengers and freight thereon, upon and through any of the avenues and streets running about east and west, and situated south of the northerly line of Encinal Avenue, supposing such line extended from the present termini of said Encinal Avenue, both east and west, to the boundary lines of the town of Alameda; provided, that said railroad shall not cross Central Avenue at any point. The term for which the franchise was conceded is twenty-five years; while the privilege to use horse, steam, or any other power was granted. This ordinance was passed by the following vote, viz.: Ayes — Messrs. Robinson, Mastick, Wenck, Barton, and Simpson. Noes — None. On the 4th of May it was unanimously adopted that wherever in the ordinance the name "South Coast Pacific Railroad" occurs the words "Bay and Coast Railroad Company, a corporation duly incorporated under the laws of the State of California" should be substi- tuted, while it was on the same date made obligatory on the company to com- mence work upon the line within six months and to expend upon that part of it within the town limits a sum not less than twenty thousand dollars, and that the whole should be completed within one year, under pain of forfeiture of the franchise. The original ordinance, however, was amended in its first section on July 17th, and made to read, "The right is hereby granted to the Bay and Coast Railroad Company, a company duly incorporated under the laws of the State of California, and its successors and assigns to use for the purpose of constructing, maintaining and operating a railroad in the streets, alleys, highways, parks, places, lands, and waters south of the following line, to wit: Commencing at a line where the north- erly line of Encinal Avenue projected easterly would intersect the easterly boundary of the town of Alameda; running thence westerly in a straight line to the westerly end of the said northerly line of Encinal Avenue and Saint George Street; thence along the northerly line of Central Avenue to West End Avenue, and west of the following line, to wit: a straight line projected along the easterly line of West End Avenue, northerly and southerly to the boundary lines of said town of Alameda; provided, that said railroad shall not cross the northerly line of Central Avenue." These boons granted, it was found necessary to make further concessions in order that Alameda should be put in direct communication with San Francisco, therefore under date November 17, 1877, the Board of Trustees passed the following pre- ambles and resolutions: — " Whereas, Means of direct and speedy communication between the town of Alameda and the city of San Francisco are of the utmost importance to the promotion of the interests and development of property in this town; and, and, ' Whereas, The facilities at present afforded by the Central Pacific Railroad are circuitous and insufficient; 'Whereas, The Bay and Coast Railroad Company propose to insure such means of ready and direct com- Alameda Township. 391 munication, and to that end has already expended large sums of money wfthout subsidy or pontribution from State, county, or town ; therefore be it '^Resolved, That it is the sense of this Board that said Bay and Coast Railroad Company is a great public necessity for the town and its inhabitants, and that it is the interest and the duty of this board to co-operate in promoting its completion as speedily as possible, thereby insuring speedy and cheap transportation and greatly increasing the taxable property of the town. " Thus the Trustees having taken the company under their sheltering aegis, made further grants and gave increased privileges for wharves, slips, etc., and by their pro- tection did much towards bringing the narrow-gauge line to its completion, a fran- chise being granted to them, April 6, 1880, with the privilege of crossing Webster- street Bridge, upon consideration that they "continue to transport passengers between Alameda and San Francisco by a direct route without crossing San Antonio Creek into Oakland," and that they should make at least twelve trips a day each way, pro- vided also that they should construct a high and close partition throughout the whole length of the bridge, so as to separate their track from that of the carriage roadway. From the foregoing remarks gathered from the records of the Board of Trustees it will be seen that a franchise was granted to what is now known as the South Pacific Coast Railroad Company, in 1877. The scheme, however, met with strenuous oppo- sition from a number of citizens, but the events which have accrued by the concession are almost incalculable. The whole southern and middle portions of the Encinal received a boom, and a great many fine residences were erected mainly because the new road offered direct and rapid transit to the city. At the election held May i, 1877, the following town officers were chosen: Henry Robinson, J. M. Gray, Alonzo Green, Conrad Liese, Charles Volberg, Board of Trus- tees; Cyrus Wilson, J. D. Sweet, School Directors; N. W. Palmer, Treasurer; E. Minor Smith, Assessor and Superintendent of Streets; and on May 15th John Ells- worth was elected Clerk, and Town Attorney as well. During the month of September, 1877, the American District Telegraph Company of Alameda filed articles of incorporation with the County Clerk, which stated their place of business to be the town of Alameda, and the existence of the association fifty years. Capital stock, fifty thousa,nd dollars, divided into two thousand shares of twenty-five dollars each, and the directors P. W. Barton, Alfred Bannister, Charles H. Ham, James M. Gray, and A. Newberg; the right to erect and maintain telegraph lines within the corporate limits of the town was given to them on October i6th, being granted to them by the Board of Trustees for fifteen years. The following changes in the names of streets was ordered by ordinance, Novem- ber 27, 1877: Webster Street in Old Alameda to Fillmore Street; Park Street in Old Alameda to Post Street; Washington Avenue to Harrison Avenue; Central Street to Austin Street; Eagle Street to Eagle Avenue; Oak Street at the West End of town to Hazel Street; Pine Street at Woodstock to Cypress Street; Willow Street at Woodstock to Maple Street; Bay Street at Woodstock to Bryant Street; Lincoln Avenue in the Fitch Tract to Clinton Avenue; Bay Avenue to Dayton Avenue; St. Mary's Street to Stanton Street; St. Paul Street to Morton Street; St. John Street to Benton Street; St. George Street to Sherman Street; Manzanita Street to Bush Street. 392 History of. Alameda County, California. . On October 1st the rate of taxation for the year 1877-78 was fixed as under: General Fund 18 cents on the $100 School Bond Interest Fund '. 07 " Street Sprinkling Fund 10 " School Fund 25 " Total 60 cents on the $100. In the Encinal of January 6, 1877, we find that the old " pavihon," famous in the "flush" days when Charles Minturn ran a steamer to Old Alameda Point, and crowds of people came across the Bay to enjoy the rural beauties of the peninsula's sylvan glades, was burned to the ground on Monday morning; while, on the 14th of the same month, the new Methodist Episcopal Church was dedicated by Rev. Dr. Jewell. On February loth the rails of the Alameda, Oakland, and Piedmont Railroad were laid as far as Park Street, while there were then ready three new cars to put upon the road. The last item of interest in the year 1877 is the initial trip of the South Pacific Coast Railroad, in the shape of an excursion which took place on December 2d. 1878. — -The year 1878 had hardly been ushered into existence than the residents of Alameda were called upon to mourn the untimely demise of one of its most zealous and prominent citizens. In a biographical sketch of the deceased gentleman, published in 1871, we find the Honorable Nathan Porter described as essentially a self-made man. Born in Massachusetts, he studied law in Providence, Rhode Island, where he was first admitted to the Bar, and immediately acquired a good practice. His genius for oratory — which had before in the lecture-room and on the stump developed itself — and sound judg- ment and a well-known application to business gave evidence of a brilliant future in his profession. Those who have witnessed his efforts at the Bar in California will not be surprised to learn that his remarkable command of language, united with his other acquirements, gave him. early the most flattering success. Indeed it is by no means certain, masterly as his latest efforts at the Bar had been, that they were superior to some of those of his earliest. The following circuirfstance of one of his earliest triumphs is thus related: Soon after his admission to the Bar, Mr. Porter was called upon to defend a young girl of fourteen, upon an indictment for murder. The case attracted great attention at the time, and the evidence of her guilt appeared to be too conclusive to allow of any hope for her acquittal. The defendant had, for a year or more, been a "spiritual medium," and it was at a time when this subject first attracted publip attention. During this period the wonderful developments or manifestations at her " sittings " were the subject of general comment and speculation. At one par- ticular seance she predicted that two infant children belonging to her own family would die at a stated period. The public watched with fearful interest the result of. her fatal prediction, and when the time arrived were horrified that it was in part fulfilled. Both of the children were suddenly taken ill, and one of them died. An investigation disclosed the fact that they had been poisoned with arsenic and upon this disclosure a confession, made, as Mr. Porter thought, by undue and unlawful urging and promises on the part of officials and others, was extorted from the gii'l of having administered the poison. She was indicted for murder, the penalty was death Alameda Township. 393 The defense in this remarkable case furnished Mr. Porter with his first opportunity to make a good effort and well did he improve it. The trial attracted unusual public interest; the youth of the prisoner; the mystery of her spiritual manifestations; the confession of her guilt and all the surrounding circumstances, gave it unusual interest, while her conviction, in view of the facts, was regarded as certain. The young lawyer had taken upon himself a responsibility which many an older head in the profession would have hesitated to assume, but he felt satisfied that the confession was an extorted one (which the law does not permit), and if true, that her young mind had been warped by the constant excitement to which it had been so long subjected, and that she was not accountable to the law for the act. With a full realization uf the importance of his trust, and determined that a human life should not be improperly sacrificed, he gave his whole energies to the task, and nobly did he acquit himself Although weary and exhausted by the labors of the trial, which lasted for many days, his closing address to the jury was pronounced as one of the most brilliant in the history of the Rhode Island Bar. During its delivery, the Court, composed of four elderly Judges, and the whole jury, were moved to tears, and among all the spectators, who filled the crowded court-room, there was scarcely a dry eye. The result of this masterly effort, to the surprise of all who were not present, was a prompt acquittal. The case immediately took rank among the causes c-Jlebre of the State, and gave Mr. Porter fame and practice and a professional standing among the first advocates at the Bar. Prior to embracing the law as his profession Mr. Porter had been engaged in mercantile pursuits, and his studies were prosecuted, as has been the case with so many men of mark in our country, while depending upon his labors for support. At this time we find him prominent as an orator in the lecture-room and on the stump; and that his abilities were recognized by the people who elected him for six consecutive years to serve in the Legislature — half of which time he was in the Senate, where he held the important position of Chairman of the Judiciary Committee, when it is con- sidered that in the New England States at that time, the ofifice always sought the man, not the man the office — the measure of the estimation in which he was held will be appreciated; and this application was still further shown by his subsequent nom- ination as the candidate of his party for the office of Attorney General. He was also at that time strongly urged to accept the nomination for Congress, but refused. Mr. Porter came to California in 1854, and up to the time of his death was prom- inently identified with its progress and interests. He immediately took rank among the leading attorneys of San Francisco, and as a lawyer won for himself a State reputation. Studious in his habits, prompt in his business, entirely devoted to the interests of his clients, with a logical mind, ready language to give expression to his thoughts, a speech marked by taste and literary culture, he occupied a deservedly high position in his profession. In private life he was a man of exemplary habits, generous in his contributions to good works, and liberal in his views, according to every one his full rights, civil, political, and religious. When the " People's Party'' was in power in San Francisco, Mr. Porter was sought, and, after much urging by the committee of that party, consented to accept the nomination for District Attorney of the city and county. The result was his 26 394 History of Alameda County, California. triumphant election in i860, and in every election thereafter until 1867, when he was no longer a candidate, and in that year the party was defeated. During all this time, when many were seeking the nomination, Mr. Porter never asked a renomination. On one occasion he was informed that the committee desired to hear from him as to his willingness to accept the office for another term, when he replied in these words: "If you deem \X.for the best interests of the people to renominate me, I shall deem your action an honor." He was renominated and re-elected by a handsome majority. His reply in this instance was characteristic of his whole political career. He believed not in personal claims to office, but rather that the public has claims upon the citizen for their services when required. Mr. Porter took up his residence in Alameda in the year 1856, and was fully identified with the interests of the county as well as of the district and State. He was never, so to speak, a politician, yet in all great elections his services in the cause of good government, by his speeches and his influence, were felt throughout the State, and whi;e entertaining decided convictions and a warm attachment for the Republi- can Party and its principles, had never been found taking an active part in caucus or convention, or been identified with any scheming class or clique. No candidate could be more available. Without enemies, and possessing unbounded popularity, with tal- ents and experience, all things appeared to combine to point attention toward Mr. Porter. From the first existence of California until the time of Mr. Porter's nomination, there had been no Congressman selected from the agricultural counties of what then formed the Second Congressional District. The mining counties had sent every member to Congress. In the mean time the agricultural counties had been growing in wealth and importance and increasing in population, therefore it was in them that the largest material interests should naturally center; thus it was that Mr. Porter was selected by his party to receive the nomination. While the greater portion of his fortune consisted in property near his home, where he was, in a measure, devoted to the farming interests, he also owned property in the mining districts, and made no little effort in its development. He was well known in some of the mining counties, where his voice had often been heard for the principles of the Republican Party, as in the valleys. Speaking of his labors in the mining counties, an anecdote is told of him, which occurred in Calaveras. On one occasion, while sojourning in the vicinity of Moke- lumne Hill, he met two of the old style California politicians who were to hold a polit- ical meeting at the " Hill," and he accepted an invitation to be present. The night was warm and the aujlience large. , The orators were unusually energetic in their exertions; the perspiration rolled down their faces, and it did not astonish the assem- blage that the speakers every few minutes should swallow a tumblerful of what appeared to he pure sparkling water, until a large pitcher, full at the commencement, was nearly empty. During the evening Mr. Porter, who was well known at the " Hill," was recognized by the people present. At the conclusion of the efforts of the regular speakers, there was a general call for " Porter! Porter! Porter! " Mr. Por- ter mounted the rostrum, and in a few minutes was warmly engaged in delivering one of those telling, magnetic speeches, so characteristic of the man, and it was not long Alameda Township. 895 before he, too, seemed thirsty, and sought the handle of the pitcher. Now, it was generally known that Mr. Porter never drank " liquor" of any kind, and had no more doubt that the transparent beverage, so freely partaken of by the gentleman who had preceded him, was what the color indicated — pure water — than had most of the audience; so he nervously turned out a tumblerful, and while the audience were engaged in a round of applause, Mr. Porter hastily took one deep swallow of the liquid, and his mouth was again full before he was aware that it was the strongest Holland gin. The sensation to him. was strangling, the second mouthful he could not swallow, and to eject it in the face of his listeners he was too polite.. For a moment he stood in the most comical indecision; his face grew purple, and the strang- ling sensation filled his eyes with tears. By this time the audience saw the joke, and the applause of an instant before was terminated in uproarious laughter and merri- ment. Judge Brockway, who then resided at Mokelumne Hill, was among the audi- ence, and while he lived used to create great mirth by relating the anecdote. He always called it " Porter's Fiery Ordeal." Mr. Porter was fearless for the right and could not be swayed from the path of duty to do a wrong; could not be used as a schemer or a trickster; was proof against bribery or corruption, by corporation, clique, or powerful influences; but was honestly devoted to the best interests of the State, and aimed to be in the truest and fullest sense her representative. With such noble- attributes as those above enumerated, is it any wonder that the Trustees of the town in which he had so long resided, should have paid to his memory the following eloquent tribute: — " Resolved, That this Board views with profound regret the dispensation of Providence which has so sud- denly removed from this life our highly esteemed townsman, neighbor, friend, and representative, Senator Nathan Porter. "Resolved, That the whole State suffers by this loss, the County of Alameda more than the State, and the town of Alameda much more than either. The State and county suffer the loss of an honest and able legislator, who was peculiarly qualified by experience and ability to forward their interests in the councils of the .State. It falls to the lot of few men in this world to be able to serve their fellow-men so thoroughly and successfully as our friend has done since early manhood. But this town has singular reasons for profound sorrow at this sad stroke of Providence, not only for the loss of a useful and upright citizen, a kind and generous neighbor and friend, but also in the fact tha,t as a representative he had at heart the best interests of the whole people of this town, and his great influence was already thus early in the session of the Legislature being exerted in their behalf. "Resolved, That our warmest sympathy is extended to the afflicted family of the deceased, whose great sorrow finds some of its members prostrated by long-continued illness. We mourn with them in their sad bereavement. "Resolved, That the Clerk be instructed to send a copy of these resolutions to the family of the deceased, and spread them on the minutes." On January 22, 1878, we find that a committee reported adversely in the matter of paying five hundred dollars to Thompson & West for a bird's-eye view of Ala- meda, to appear in their atlas of the county; while, on March 26th, a franchise was granted by the Board of Trustees to Thomas A. Smith, J. C. Tucker, G. W. Tyler, A. J. Tompkins, and W. B. Clement to lay and maintain a street railroad for a term of twenty-five years. The line intended to be so laid was from the southern or south- westerly extremity of Park Street, and running thence along its center to its northern or northeastern extremity, the fares not to exceed five cents and the rate of speed not more than eight miles an hour. 396 History of Alameda County, California. The officers elected on May 6th, to serve for the year 1878-79, were: B. F. Baker,. Henry Mohns, W. B. Clement, J. B. Vosburg, G. N. Williams, Board of Trustees; A. B. Anderson, Edward Parrish, G. C. Hall, A. Mayrisch, C. H. Ham, John Barton, School Directors; E. Minor Smith, Assessor; I. N. Chapman, Surveyor and Civil Engineer; John Ellsworth, Attorney; James Cook, Chief of Police; G. R. Bissell, Superintendent of Schools. On the nth May John Ellsworth was chosen Clerk, and on August 20th, T. S. Moses was appointed a Trustee in the room of B. F. Baker, resigned. . From the report of the Treasurer, made May 14th, we find the state of the Town Finances to be as follows: Dr. To School Fund $8,686 00 General Fund 8,423 56 $17,109 56 Cr. By Certificates of gold deposit in Bank $12, 180 00 silver " " 3,522 33 " Silver coin in safe. 1,407 23 $17,109 56 June 25th portions of Park Street, Pacific Avenue, Central Avenue, and Santa Clara Avenue were ordered to be lighted with gas for one year; while, on the loth September, we find the following minute:, "Mr. Williams introduced the following resolution, which was seconded by Mr. Mohns: — Resolved, Thai the proposal of A. Borel, made through Messrs. Gilbert & Hunter, to sell to the town of Ala- meda for the sum of five thousand two hundred and fifty dollars, cash, lots seven, eight, nine, ten, eleven, and twelve in the west half of block D, in the town of Alameda, county of Alameda, State of California, as said lots- and blocks are delineated and designated on the map entitled 'Map of Lands adjacent to the town of Encinal,. Alameda County, California, surveyed by James T. Stratton, May i, 1867,' filed for record in the office of the County Recorder of said Alameda County, May 28, 1867, be and the same is hereby accepted, and that said lots , be purchased for said sum." It was passed on the 17th September. On the 28th February, a free reading-room and library was opened, with G. H. Stipp as librarian, in the Park Opera House, where it continued until handed over to the town authorities, the manner of accomplishing which was thus: On August 6, 1878, Doctors Gibbons and McLean addressed the Board of Trustees, stating that they, together with Mrs. A. P. Andrews, had been appointed by the directors of the Alameda Free Reading Room and Library Association a committee to wait upon the • Board and inform it that the association desired to turn over its property to the town for the purpose of founding a Free Public Reading Room and Library, and requested the co-operation of the Board to that end, who appointed a committee of conference to prepare an ordinance for effecting such, which was, under the Act of the Legisla- ture, passed March 18, 1878, entitled "An Act to establish and maintain free public libraries and reading-rooms," accepted, the Board electing to take possession on, or about January i, 1879, and voting that the institution should be maintained by a tax of one mill on the dollar upon the assessed value of taxable property in the town. This was duly effected; on January 7, 1879, W. P. Gibbons, Mrs. Elizabeth Green, Thomas A. Smith, J. C. Tucker, and George Mastick were appointed trustees, and on February 28th the Alameda Free Library was opened lor the circulation of books. Alameda Township. 397 The taxes determined to be levied for the year 1878-79, were fixed as follows on October 7th: — General Fund 30 cents on the $100 School Fund ' 27 " " Street Sprinkling Fund 10 " " • Bay Farm Island Road Fund 10 " " Free Public Library Fund 05 " " School Bond Interest Fund (Act of 1874) 05 " " School Bond Interest Fund (Act of 1878) 03 " " 90 cents on the $100 In the month of February, 1878, we find that the Park Opera House was opened. This building is described by the Encinal as the property of the Alameda Hall Asso- ciation, the land upon which it is built, on the southeast corner of Buena Vista Avenue and Park Street, having been put into the fund by Thomas A. Smith at its market value for stock in the association, and is therefore part of its assets. The first trustees were: Cyrus Wilson, Dr. J. C. Tucker, George W. Tyler, Thomas A. Smith, and W. B. Clement. On the 7th September the Bank of Alameda opened its doors to business, with Levi Jenks as President, and J. E. Baker, Cashier. This institution changed its name to the First National Bank of Alameda in October, 1 879; and on September 14th the new hall of Encinal Lodge, No. 164, I. O. O. F., was formally dedicated. 1879. — On February 11, 1879, a resolution was adopted by the Board of Trus- tees granting to the Alameda, Oakland, and Piedmont Railroad Company permission to construct an extension of their road across Santa Clara Avenue and along Web- ster Street to the northerly line of Central Avenue in a similar manner as the said road is constructed and then in use between Railroad Avenue and Santa Clara Avenue. At the election held May S, 1879, the following town officers were elected to serve for the year 1879-80: D. T. Sullivan, J. M. Gray, William Whidden, W. B. Clement, Joseph Lancaster, Board of Trustees; G. C. Hall, Adolph Mayrisch, School Directors; E. Minor Smith, Assessor; N. W. Palmer, Treasurer; I. N. Chapman, Sur- veyor and Civil Engineer; John Ellsworth, Attorney; James Cook, Chief of Police; O. S. Ingham, Superintendent of Schools. John Ellsworth was appointed Clerk on the 13th May; and on 30th Dpcember C. A. Edson was chosen a Trustee vice Clem- ent, resigned. The taxes fixed for the year 1879-80 were: — General Fund 30 cents on the $100 ' School Fund 26 Street Sprinkling Fund 10 Bay Farm Island Road Fund 02 , Free Public Library Fund 04 ' School Bond Interest Fund of 1874 04X School Bond Interest Fund of 1878 03 79X cents on the $100 On March 22, 1879, a new Baptist church was dedicated, the cost of the build- 398 History of Alameda County, California. ing being three thousand seven hundred and four dollars. On March 30th the Kohl- moos Hotel was opened, while on the 5th December the Royal Soap Factory, located near the shore line, between the narrow-gauge landing and Alameda Wharf, com- menced active operations. The company was incorporated in May, 1878, with a capi- tal stock of two million dollars, much of it being held by prominent capitalists of San Francisco, and a considerable amount by residents of Alameda. The building is three stories high, one hundred feet front and one hundred and seventy-two feet deep. This enterprise was opened under the management of A. W. Griswold, of Alameda, but it is for the present unoperated. Under the caption "A Quadrupedal Romance," the Encinal, of October 18, 1 879, has the following, with which we purpose closing our chronicles of that year: "For several years past a noble-looking, coal-black stallion has been the .sole tenant of the block of well-wooded land, bounded by Railroad and Pacific Avenues, Grand and Minturn Streets, directly facing Fasking's Park. Citizens and strangers, on stop- ping at Encinal Station, have wondered, month in and month out, why an animal of such evident excellence should be perpetually shut up within the fence that surrounds this property. We feel that this common curiosity should be gratified. A recital of the whole story would fill several columns of our paper. Briefly, the tale may be told and the moral elucidated: An elderly gentleman — Mr. Brocken — was the owner of the horse for several years and prized him very highly. Once upon a time, being out at night, in a comparatively new country to him, he lost his way, and, but for the intel- ligence of his noble steed, would have perished. The horse intuitively appreciating the situation, finding himself free to follow his own instincts, boldly pushed forward in search of civilization. In his path lay a deep gorge, over which had been thrown a miserable apology for a foot-bridge. Across this bridge the intelligent animal lit- erally felt his way, step by step, each advance reducing the chances of a retrograde movement, and, finally, with the sweat dripping from his flanks, with a mighty neigh he planted his feet squarely upon the solid earth and saved his master's life — for, just in front of them, through the deep darkness of the wood, a beacon-light was seen, and soon after horse and rider were carefully domiciled for the night. This noble act by one of 'man's unselfish friends' was never forgotten by Mr. Brocken. A few years ago the old gentleman died, and in his will was found an item providing that his black stallion should have a life-lease of the block of land desci-ibed above; that he should do no more work, and that he should- be carefully fed and groomed as long as he lived." 1880. — Up until the election of May 3, 1880, no item of importance is to be found in the records. On that occasion the following Town Officers were elected : H. B. Herbert, Joseph Lancaster, William Whidden, J. M. Gray, C. A. Edson, Board of Trustees; Henry Michael, John Barton, J. W. Mastick, Isaac Ayer, School Direc- tors; E. Minor Smith, Assessor; N. W. Palmer, Treasurer; I. N. Chapman, Surveyor and Civil Engineer; John Ellsworth, Attorney; James Cook, Chief of Police; O. S- Ingham, Superintendent of Schools. On December 4th, F. K. Krauth, Jr., was elected Chief Engineer of the Fire Department; W. T. Valentine, Assistant Engineer of District Number One; C. Sturm, Assistant Engineer of District Number Two; and Alameda Township. 39'9 on December 7th, Dr. W. P. Gibbons was chosen to be Health Officer, and Doctors W. L. Twichell, J. T. McLean, and Alexander Jones, the Board of Health. The trustees of the Free Library for the year 1880^81 were, Mrs. A. B. Andrews, W. P. Gibbons, D. T. Sullivan, George K. Mastick, T. A. Smith. Upon the retirement from office of the Board of Trustees last serving, the follow- ing resolution was unanimously adopted : — Whereas, The retirement of our esteemed citizen, Daniel T. Sullivan, from the office of President of this Board, presents a suitable opportunity for expressing the esteem in which we hold him as a faithful and courteous public servant. , Therefore be it Resolved, That the thanks of the members of this Board are due to Daniel T. Sullivan for the able and impartial manner in which he has uniformly performed his public duties, and that we sincerely regret his retirement as a member of this Board. On May 25, 1880, minors visiting saloons was declared to be a misdemeanor, while the same ordinance made it a punishable offence for those under age to loiter about railroad-depots, or jumping on and off cars when in motion. June 8th, the numbering of houses was ordered, twenty-five feet frontage being allowed for each building. On July 27, 1880, a Board of Health was created to be composed of a health officer, who, together with the President of the Board of Trustees and one other person appointed by the Board, all except the President aforesaid to be licensed practising physicians; Dr. W. P. Gibbons and Dr. J. T. McLean being, August 30th, appointed Health Officer and member of the Board respectively. November i6th, the ordinance was amended to appoint "three other persons," instead of one. The taxes fixed on October 4th for the year i88o~8i, were as follows: — General Fund 30 cents on the $100 School Fund I? Street Sprinkling Fund 10 Free Library and Reading- Room Fund 05 School Bond Interest Fund of 1874 03X School Bond Interest Fund of 1878 , 02^ Total 68 cents on the $100. In the year 1880 two lodges under the auspices of the Ancient Order of United Workmen were instituted, namely. Ashler Lodge, No. 165, and West End Lodge, No. 17s, on March 24th and June 21st respectively. On May 4th the Long Branch Hotel was destroyed by fire, entailing the death of Miss Spaulding and a monetary loss of thirty thousand dollars to the proprietors, Messrs. Pearson & Co., and three thousand dollars to the keeper of the restaurant; while on July 3d, the corner-stone of the "Water-Tank Building," was laid with masonic honors and much ceremony. 1881.— ^On May 2, 1881, the following corporate officers were elected: W. G. Marcy, Joseph Lancaster, J. M. Gray, William Whidden, C. A. Edson, Board of Trust- ees; Henry Michaels, J. E. Baker, James Hunter, School Directors; E. Minor Smith, Assessor; N. W. Palmer, Treasurer; L N. Chapman, Surveyor and Civil Engineer; John Ellsworth, Attorney and Clerk; James Cook, Chief of Police; O. S. Ingham, Superintendent of Schools; Mrs. A. B. Andrews, George H. Mastick, W. P. Gibbons, T. A. Smith, D. T. Sullivan, Trustees Free Library. The apportionment for railroads of the county for th; year, relating to the Town 400 History of Alameda County, California. of Alameda, by the Judiciary Committee of the Board of Supervisors, was: Number of miles, 6.08 ; rate per mile of road-bed, right of way, rolling stock, and franchise, $2,500,000; total value in district, $152,000, which was attempted to be reduced, but to no avail. On July 19th the Clerk was directed to transmit to the Board of Supervisors the following preamble and resolutions: " Whereas, The Alameda, Oakland, and Piedmont Railroad Company, on the i6th day of December, 1872, obtained a franchise by grant from the city of Oakland, by virtue of which the company was authorized to and did lay down rails upon the bridge across San Antonio Creek, and into and upon Webster Street, and maintained a railroad over the same, and said road extended from Park Street in Alameda to Broadway, Oakland, and has been operated for nearly nine years last past; " That by reason of the substitution of a new bridge for the old one the rails were taken up with the expecta- tion that they would be relaid, and said road operated and maintained ; and " Whereas, The Supervisors of this county now object to said rails being relaid, and to the railroad being maintained over said bridge; Therefore " Resolved, That said Board of Supervisors be and hereby are respectfully and urgently requested not to object, but to consent to the said rails being relaid, and to the road being maintained over said bridge for the following reasons among others : " First — The said railroad is a great public convenience and necessity, and the discontinuance of it in whole or in part would seriously inconvenience many of the citizens of Alameda and of Oakland. ' ' Second — The said railroad is one of the three prominent means of communication between the inhabitants of the city of Oakland and Alameda, and ought to be maintained and fostered. ' ' Third — The railroad company, in good faith, has invested in this railroad over thirty thousand dollars, and if not allowed to maintain the road across the bridge it would be greatly damaged to the extent of almost confis- cation. ' ' Fourth — That the refusal of the Board to allow said road to be operated deprives the inhabitants of Oak- land and Alameda of the cheapest means of communication, as fare on this road is five cents, while on each of the steam rpads the fare is ten cents. " Fifth — This road is the only direct route from Oakland to the Alameda Baths." This demonstration, however, would not appear to have stricken the County Supervisors with terror, for they maintained their position, which still further brought the wrath of the Board of Trustees upon their devoted heads, as the following pream- ble and resolution, passed May 30, 1882, will testify: " Whereas, In surrendering our Webster Street Bridge into the hands of the County Supervisors an abiding faith in their sense of justice made us secure in the belief that none of the uses and conveniences of that structure would be lost to the town of Alameda; and " Whereas, In the subsequent action of this Board of Alameda Town Trustees, in granting a certain franchise to the South Pacific Coast Railroad Company, it was confidently believed that no rights or advantages would be lost to the town; Therefore be it " Resolved, That a denial of the County Supervisors to the Alameda Horse Railroad of the privilege to cross the Webster Street Bridge is in violation .of the spirit of these contracts and against the wishes and interests of the people of Alameda, and that these facts be fairly presented to the County Board of Supervisors, under the authority of this Board, with a respectful request that such action may be taken as will restore the service of the road." Upon receipt of the news of the death of President Garfield the following resolu- tions were passed by the Board of Trustees, under date September 20, i88r : " Whereas, It hath pleased Almighty God, our Heavenly Father, in His Infinite Wisdom and Divine Providence, to call home our late Chief Magistrate, James A. Garfield ; Therefore be it " Resolved, That we feel most deeply and sincerely the loss the people of the United States have sustained in his death; and that the bereaved widow, the fatherless children, and stricken mother have our heart-felt sympathy. Alameda Township. 401 " Resolved, That in token of respect' to his memory we request our fellow-citizens to drape their residences and places of business in mourning, and that all public business be suspended on the day appointed for his funeral. " On October 3d the taxes to be levied for the year 1881-82 were fixed as under: General Fund 30 cents on the $100. School Fund 10 " Street Sprinkling Fund ., 08^ " Free Library Fund 05 " School Bond Interest Fund of 1874 03^ " School Bond Interest Fund of 1878 02^ " 60 cents on the $100 1882. — On January 14, 1882, there were elected: F. K. Krauth, Jr., Chief Engi- neer Fire Department; W. T. Valentine, Assistant Engineer, District Number One; and C. Sturm, Assistant Engineer, District Number Two. The regular corporation officers for the year 1882-83 were: William Simpson, J. M. Gray, C. A. Edson, William Whidden, Louis Meyer, Board of Trustees; H. V. Herbert, Adolph Mayrisch, School Directors; E. Minor Smith, Assessor; N. W. Palmer, Treasurer; I. N. Chap- man, Surveyor and Civil Engineer ; John Ellsworth, Attorney and Clerk ; James Cook, Chief of Police ; O. S. Ingham, Superintendent of Schools ; Mrs. A. B. Andrews, W. P. Gibbons, George H. Mastick, D. T. Sullivan, T. A. Smith, Trustees Free Library. Looking back over the history of the town of Alameda we see that it has made wonderful progress. From a cattle ranch, over which there was a continual squatter war, it has come to be a town of over six thousand inhabitants, who are of the very best to be found anywhere. It has been sought as a place of residence for many reasons. It has a warm, genial climate, different from that of either Oakland or San Francisco. It has better comniunication with San Francisco than any other town about the bay, and yet, owing to its peculiar situation, does not catch so many peddlers, beggars, tramps, and other social abominations as towns which are on main-traveled railroads or thoroughfares. It has good schools, thrifty church societies, sewered streets, plenty of pure water, gas, and good police protection, and, above all, taxes are low, and the law protects the tax-payer from being plundered by the tax-eater. Under these circumstances the growth of Alameda has been of the most stable and satisfactory character. It has not gone ahead too fast at any time. Its progress has been at all times healthy and permanent, and owing to natural causes. Alameda is not a town of accident. Its settlement and prosperity are mainly due to the causes we have named, and its future is bright and promising for the same reasons. Schools. — Having thus far carried our readers through a general history of the town-township of Alameda we will now consider the special subject of her schools, of which she is most properly proud. To the older residents of the town a running history of her public schools cannot fail to be interesting, while to the later-comers it .will furnish a chain of evidence of the growth of her educational system from its germ to the proud position of the peer of any and the superior of most of the School Departments outside of the large cities of the State. 402 History of Alameda County, California. Alameda School District. — The public school system in Alameda dates back to July 12, 1855, at which time C. C. Breyfogle, the first County Superintendent of Public Instruction, appointed James Millington, E. M. Taft, and James T. Stratton, Commissioners of Alameda School District. The Board organized July i6th and made arrangements for the purchase of a building and lot from A. Schermerhorn, for the munificent sum of one hundred and fifty dollars. On the 27th of the same month Mrs. A. S. Page was engaged to teach the school *at a monthly salary of seventy-five dollars and board. This engagement continued until October 31st, when the pay was fixed at one hundred dollars, without board. July 21, 1859, W. W. Brier, County Superintendent, appointed as Trustees Messrs. C. L. Fitch, Jas. Millington, and Dr. Henry Gibbons, who, the majority favoring the appointment of a male teacher, engaged W. W. Holder, who occupied the position until January 9, i860, when he was removed and M. A. Lynde substituted. Funds being low, it was found necessary, in order to pay the teacher's salary, to establish rates of tuition, as follows: Children under ten years of age, one dollar per month; under fourteen years, one dollar and fifty cents; over fourteen, two dollars. Mr. Lynde taught for one term, when he was removed, and Henry Gibbons, Jr., temporarily placed in charge. At this time Trustee Fitch gave notice of a petition to divide the district. June 22d, A. M. Crane, Nahum Poland, and Dr. H. Gibbons, were elected Trustees, and they continued Mr. Lynde as teacher. They also gave notice of an election to decide whether the tax-payers of the district were willing to be taxed two thousand dollars for the purpose of building a new school house. Thirty-three votes were cast at this election, of which thirteen were in favor of the tax and twenty against it. Not satisfied with the result, a second election was held, August 4, i860, to levy a tax of eighteen hundred dollars. The result was twenty-eight votes — sixteen for, and twelve against the levy. The assess- ment-roll of the town at that time footed up one hundred thousand dollars, making the rate of taxation one dollar and eighty cents on each one hundred dollars. Sep- tember isth, A. M. Crane resigned, and S. A. Hastings was appointed Trustee in his stead. Rev. A. H. Myers offered to sell to the Trustees two lots in block ninety-two for sixty dollars, which offer was accepted and the property (now occupied by the Alameda school) purchased. June 10, 1861, A. S. Barber, Jas. Millington, and H. S. Barlow were duly elected Trustees, and qualified as such. This Board appeared to have differed from their predecessors, as they appointed as teacher, Miss Eliza Webb. Non-resident pupils were then charged two dollars per month. Under Miss Webb's care, the school was run until October 14th, when she retired, and Orlando T. Hopkins was placed in the position, which he filled up to November loth, when a Mr. Dexter received the appointment. The School Marshal, >:. W. Palmer, reported October 29th eighty-two children in the district. April 4, 1863, Jas. Millington, N. W. Palmer, and S. S. Saul were elected Trustees, and on the nth of May they placed Miss S. S. Benedict in charge of the class. At the time fixed by law for the election of the next Board of Trustees no election was held and the County Superintendent appointed James Millington, N. W. Palmer, and M. S. Crane, who, January 13, 1864, deposed Miss Benedict and appointed Miss. E. St. John, who taught until December 12th, when she was removed and the Trustees elected Rev. J. A. Burlingame; they also formed a primary class, which was given in charge of Henry Burlingame. These Alameda Township.. 403 gentlemen were brothers of the late Hon. Anson Burlingame, well remembered as the author of the famous Chinese Treaty. On the 30th of the same month an election was held and a tax of two dollars and fifty cents on each one hundred dollars levied for school purposes, there being no opposition to the tax on this occasion. April 30th, the Board advertised in the Alameda County Gazette, published at San Leandro, for proposals to erect the new school-building. No satis- factory plans or bids being received, they adopted plans and specifications drawn by James Millington, and the contract for the building was awarded to Dr. H. Haile, for the sum of two thousand six hundred and twenty-six dollars. The old school-build- ing was sold to H. S. Barlow for fifty dollars, and was moved away, and is a portion of the cottage now standing on Railroad Avenue, about two hundred feet east of Park . Street, and formed originally the nucleus of the present Loyal Oak Hotel. The building was duly completed, and, in September 1864, was dedicated to school pur- poses with W. W. Holder as teacher. The ladies of the district joined in getting up a grand festival to raise funds to furnish the school-house, the receipts being, as returned by Mrs. J. N. Webster, Treasurer, three hundred and four dollars and fifty- five cents. Captain J, D. Farwell presented to the school a magnificent American flag, which floated over the building at the time of its dedication. Mr. Holder's tenure of office was but short, for, in February 1865, he gave way to W. M. McFadden, who held on till July 13, 1867, when Mr. Holder again came to the front, and all charges for tuition were abolished, the district being now able to pay the necessary expenses out of the public funds at their disposal. Titles to property in those days were intricate, and in October, 1866, a payment of three hundred dollars is recorded to Prince Fisher to quiet title to a portion of the school property. May 23, 1867, F. Pancoast was elected to serve as Trustee three years; C. H. Haile two years, and James Millington one year. At this date the Census Marshal, James Millington, reported one hundred and ten children between the ages of five and fifteen years. December 28th, Mr. Holder again stepped out, and Mr. McFadden was reinstated. July 8, 1868, Asaph Cleveland was elected Trustee to succeed James Millington, term expired. A District School Library was inaugu- rated, and the teacher appointed librarian. July i8th, Mr. McFadden was again appointed Principal, and Miss Mary B. Robinson, Assistant, for the term ending December 20th. Mr. McFadden, School Marshal, reported one hundred and twenty- seven children between the ages of five and fifteen years. The new term of school commenced the first Monday in January, 1869, with a Mr. Adams vice McFadden, removed, as Principal, and Miss Mary E. Bannister, as assistant. December 12, 1869, an election was held to decide the question of levying a tax of nine hundred dollars to liquidate the District School debt and paint the school-house. Sixteen votes were cast in the affirmative and none in opposition. The assessment-roll at this time footed up three hundred and forty-one thousand four hundred and seventy-five dollars, making the rate thirty-seven cents on the one hundred dollars. Again it occurred that no election was held for Trustees, and the County Superintendent appointed Messrs. C. H. Haile, Asaph Cleveland, and S. A. Wood to serve for one year from July 1st. The new Board elected Miss Robinson as Principal, and Miss Bannister, assistant. July 2, 1870, Henry Robinson, F. Boehmer, and James Mil- 404 History of Alameda County, California. lington were appointed Trustees. School commenced August i, 1870, with W. H. Mason as Principal, and Miss Robinson as Assistant. Mr. Mason failing to obtain a certificate from the County Board of Examination, was dismissed, and W. H. Granger substituted as Principal, October i, 1870. School opened for a new term January 3, 1 87 1, with same teachers, and closed March 1st. April 29th, Henry Robinson, Cyrus Wilson, and F. K. Krauth were elected for three, two, and one year respectively. Mr. C. Howe was appointed as Principal, and Miss Belle Glennon, assistant; term com- menced May isth. F. K. Krauth was appointed Census Marshal. September 23d, Mr. Howe resigned his position as Principal. J. W. Bones was awarded contract to build an additional class-room at a cost of nine hundred and seventy-five dollars. October 8th, W. W. Stone was elected Principal. November i8th, a special election was held to decide as to levying a tax of sixteen hundred dollars. Result — sixty-four votes for, and twelve against the tax. December iSth, Miss Matilda Lynch appointed to teach intermediate class just organized. With this action the Board closed its term, in accordance with the Act to incorporate the Town of Alameda. Encinal School District.— Was segregated from Alameda District in i860, and comprised that portion of Alameda Township lying west of Willow Street. Dr. Henry Gibbons, at that time County Superintendent of Schools, appointed C. L. Fitch, Louis Fassking, and J. D. Brower as Trustees, and they organized a school in an old "squatter's" cabin, twelve by twenty feet, on the Power's Tract (Railroad Avenue, near St. Mary Street) with Miss A. E. Powers as teacher, and nineteen scholars in attendance. Under Miss Power's management the school was carried on until 1865, when William Crowhurst was placed in charge. In 1865 the lot upon which the Encinal School House now stands, one hundred and fifty by three hundred feet, at the corner of Bay Street and Santa Clara Avenue, was by deed of gift conveyed by Mrs. Mary A. Fitch to the town for school purposes, and the main portion of the present building erected at a cost of about two thousand dollars. During the school year of 1866-67, Misses Susan W. Porter, Clara B. Porter, and S. Barker taught the class, and in 1867-68 Miss Flora Smith had charge. In 1869 an addition was made to the build- ing at a cost of some sixteen hundred dollars, and at this time the total valuation of school property in the district was six thousand dollars. The school was then graded and Miss Clara B. Porter appointed Principal, with Miss S. A. Penwell as assistant. During the year 1870-71 no report was filed with' the County Superintendent, but in 1871-72 we find A. J. Farley, Principal, and Miss Emma Frick, assistant. In May, 1872, the control of this district was vested in the Board of Education as provided for in the Charter of the town. The records of this district were lost in the fire that destroyed Mr. Fassking's house in 1874, and the foregoing general information is gleaned from annual reports of the Trustees to the County Superintendent. Under the Incorporation.— By authority of the Act of Incorporation of the Town of Alameda, the Board of School Directors elected under its provisions, met and organized May 20, 1872. The names of the Directors and terms of office were as follows: Dr. William P. Gibbons and William Holtz, elected to serve three years, Nathan Porter and Cyrus Wilson, two years, and Fred. Hess and F. K. Krauth one Alameda Township. 405 year. Dr. Gibbons was elected President, and F. K. Krauth President /n? tevi. June 19th, W. H. Porter, Census Marshal, reported the number of children between the ages of five and fifteen years as 347 — 176 boys and 171 girls. June 26th, W. W Stone, reappointed Principal of Alameda School, with Misses Tillie Lynch and Belle Glennon as assistants. Miss Fannie E. Bennett appointed Principal of Encinal School, and Miss Emma Frick assistant. The Board estimated that six thousand five hundred dollars would be required for school purposes for the ensuing year. Febru- ary 6, 1873, Board reported amount required to be raised for school purposes for ensuing school year as eight thousand five hundred and fifty dollar^. February iSth, W. W. Stone, Principal of Alameda School, resigned, and Mr. E. Rosseau was appointed to fill the vacancy. May 2ist, M. W. Peck and F. Boehmer elected to serve as Directors for three years, took their seats, Messrs. Hess and Krauth retiring. Dr. W. P. Gibbons re-elected President, and Cyrus Wilson elected President /w tern. Director Nathan Porter resigned, and Geo. O. Smith, Jr., elected to fill vacancy. June 6th, Mr. J. Browne elected Principal of Alameda School. Miss Tillie L. Lynch first assistant and Mrs. H. R. Clinton second assistant. June nth, Mrs. Fannie E. Ben- nett and Emma Frick retained as Principal and assistant of Encinal School. Report of W. H. Porter, Census Marshal, shows 405 children between the ages of five and fifteen years. July 30th, Mrs. H. R. Clinton, second assistant teacher of Alameda School, resigned. Miss Belle Glennon elected Principal of the primary department of Alameda School, with Miss Dita Hopkins as assistant. September 27th, Miss Glennon resigned, and J. Browne, Principal of Alameda School, leaves town and the school without notice to the Board. Miss Carrie Havens appointed substitute teacher in the Principal's department, and Mrs. Regina.Maney in the primary department of said school, during the pleasure of the Board. January 14, 1874, Miss Dita Hopkins, of the Alameda School, was reported ill, and Miss Sarah D. Barry appointed as sub- stitute. April 13th, teachers of Encinal School dismissed. May 6th, H. H. Haight and Cyrus Wilson took their places as members of the Board, Mr. Haight in place of Mr. Smith, term expired, and Mr. Wilson re-elected. Dr. Gibbons and Mr. Wilson re-elected President and President /w tern. June 3d, Miss Carrie Havens appointed Principal of Alameda School, and Miss Dora Barrett placed in charge of intermedi- ate department, and Miss Frances Barrett of primary department. Miss Emma Frick elected teacher of primary and intermediate department of Encinal School. June 17th, a room was engaged in Boehmer's building, corner Park Street and Santa Clara Avenue, for High School purposes, and Mr. C. T. Johns elected Principal. Mr E. L. Knowlton elected Principal of Encinal School. July 3d, Miss Emma Frick resigned, her position in the Encinal School. F. K. Krauth, Census Marshal, reported 502 children between five and fifteen years of age. July i Sth, Miss Cordelia Kirk- land elected to fill vacancy occasioned by resignation of Miss Frick. August 26th, plans and specifications for a High School building advertised for. September 2d, Miss M. E. Wheeler was appointed to fill vacancy in Encinal School, and Mrs. Martha Rayle in Alameda School. October 23d, High School lot on Santa Clara Avenue, purchased at a cost of two thousand five hundred dollars'. October 28th, lot pur- chased on Second Avenue, for Primary School purposes, one thousand two hundred dollars. January 20, 1875, Miss Annie Murphy appointed assistant teacher in 406 History of Alameda County, California. Encinal School, vice Miss Wheeler resigned. February 17, 1875, contract to erect High and Primary (West End) School buildings awarded to C. H. Foster. May 17, 187s, L. G. Mead and J. W. Clark presented certificates of election as members of the Board, vice Messrs. Gibbons and Holtz. H. H. Haight was elected President, and Cyrus Wilson re-elected President/w tern. June 2d, West End Primary School build- ing finished and accepted. June 2d, the following named teachers were elected to posi- tions in the department: C. T. Johns, Principal of High School; E. L. Knowlton, Principal Encinal School; Miss Cordelia Kirkland, Principal of West End School; Miss E. Powell, assistant in Encinal School. July 7th, C. L. Metzgar appointed Principal of Alameda School, with Mrs. Martha Rayle as first assistant, and Miss Frances C. Barrett second assistant; also. Miss Carrie Havens as assistant teacher of High School. October 13th, a new Primary School (the Park Street School) was organized, and Miss Sarah D. Barry elected teacher of the same. March 29, 1876^ Mr. Theodore Bradley was elected Superintendent of Public Schools, at a salary of forty dollars per month. May loth, Messrs. Adolph Mayrisch and B. F. Baker pre- sented certificates of election and assumed the offices, Messrs. Boehmer and Peck retiring. Governor Haight and Cyrus Wilson were re-elected as President and President pro tern of the Board. Miss Kirkland resigned the position of teacher of West End Pri- mary School, and Miss Frances C. Barrett was appointed in her stead. Mr. Theodore Bradley was elected as " visiting teacher'' at a salary of sixty dollars a month. Miss Mary E. Wheeler was elected second assistant teacher in the Alameda School, and Miss E. Powell as assistant in Encinal School. June 21st, position of High School Principal declared vacant, and Mr. A. F. Craven elected to fill the vacancy. Miss Wheeler pro-, moted to the position of first assistant of Alameda School, and Miss Lizzie Cheney appointed as second assistant. December 30th, John Ellsworth, Census Marshal, reports 783 children between the ages of five and fifteen years. January 13, 1877, Mrs. M. F. L'Hote was elected to succeed Mrs. Powell as assistant in Encinal School, and Miss Lulu Kervan placed in charge of West End Primary School. May 31st, J. D. Sweet presented his credentials, and took the place of H. H. Haight, term expired. Cyrus Wilson was elected President of the Board, and J. W. Clark Presi- dent /w tem. Robert Kirk, Census Marshal, reported 980 children entitled to school privileges. July 21st, Theodore Sohlke was elected teacher of German in the High School. Miss Taney appointed teacher in the German Department of the High School. December 29th, Miss Sarah D. Barry resigned the position of teacher of the Park Street Primary School, and Miss Minnie G. Millington was appointed to fill the vacancy. Methodist Episcopal Church of Alameda. — This church was organized by Rev. James McGowan in his own house, the small congregation worshiping in a tent. In 1854 the Rev. William Taylor bought a lot situated at the corner of Mound and Jackson Streets of to-day, donated it to the society, and on it was erected a house of worship which was duly dedicated on the 24th May of that year. The first pastor by appointment of the Conference was the Rev. David Deal, who was succeeded by his brother, William Grave Deal, who gave place to Professor Edward Bannister, who served both as principal of the school and pastor of the church. As the years went Alameda Township. 407 on the church was kept open, but it was getting pecuniarily involved, but in 1857 one of its members, Captain J. N. Webster, liquidated the debt to the amount of three thousand one hundred dollars, but this not putting it on a firm financial basis, its entire extinguishment was undertaken and carried out by Mr. and Mrs. John Gunn. With the coming of the railroad to the town a center of interest was created in the direction of Park Street; it was therefore thought expedient to remove the church to a more central location, which was duly effected during the pastorate of Rev. William Hulbert. As population increased the accommodation in the building became too confined for the size of the congregation; therefore under the regime of the Rev. Mr. Tower the erection of the present commodious church edifice was commenced, he having received subscriptions sufficient to cover costs. Financial pressure and many removals shrank the available donations to a small figure, in consequence of which a debt of two thousand dollars was left to encumber and paralyze the society. Rev. H. B. Heacock, who succeeded Mr. Tower, followed up the subscriptions with his accustomed energy, but they could not be collected. Under the pastorate of Rev. T. S. Dunn, the church had considerable prosperity but the debt remained unreduced. During the last Conference year it was liquidated in a quiet way by the generous contributions of friends within and without, and the society now needs only a parson- age to make it one of the most desirable charges, in all respects, in the State. Among the early members and staunch friends of the church we find the names of James McGowan and wife, John Gunn and wife, A. S. Barber and wife. Father and Mother Moses, Captain J. N. Webster — who served the church as chorister for twenty-one consecutive years, Mrs. David Deal, and Mrs. Bannister. A number of Presbyterians, among whom were the venerable Thomas Hopkins, Judge Hastings and wife, and others, having no services of their own, were for a number of years among the most liberal supporters of the church. The lot on which the edifice stands is situated at the corner of Park Street and Central Avenue, and was acquired mainly through the energy and address of Mrs. William Taylor and Mrs. John Gunn. For three years past the society has rented a parsonage contiguous to the church propert}-. The following has been the order in which the different pastors have served: James McGowan, local preacher, who organized the church; David Deal; William Grove Deal; Professor (afterwards doctor) Edward Bannister; A. Higby; William Gaffney; W. S. Urmy; Charles Northrup; John Daniel (deceased); Charles Rich; William Hulbert; Tower; H. B. Heacock; T. S. Dunn; and M. C. Briggs, the present incumbent. First Presbyterian Church of Alameda. — This church was organized with twelve members on November 5, 1865, the society being incorporated, however, on the 25th September of the previous year, but services were held in the old Alameda school house as early as June 1864. The first regularly installed pastor was the Rev. Frank L. Nash, who, having previously supplied the church for a year, was inducted, April, 1867, and so continued until June 3, 1868. During his pastorate the church building was completed at a cost of eight thousand dollars, and dedicated March 8, 1868. The Revs. Graham, Webb, and Ijams supplied the pulpit for various periods lasting about three years, and in October, 1 874, Rev. Rodney L. Tabor, the present 408 History of Alameda County, California. incumbent, came from the Eastern States to serve the church. The society has made extensive improvements in its church building, and built a commodious parsonage, while upon the property there is not a dollar of debt. The church membership actual and on the ground numbers ninety-one; there being an average attendance of one hundred and seventy at morning service and sixty in the evening. Connected with the church there is a flourishing Sabbath-school of one hundred and fifty members; three societies and a Ladies Aid Society, all in an excellent growing condition. Garden City Lodge, No. 1745, K. of H. — This lodge was organized August •29, 1879, with the following charter members: W. H. Loomis, R. Wheeler, Thomas Collie, A; J. Bancroft, Texas Angel, H. A. Thompson, Jo. Lancaster, A. Anderson, L B. Merritt, C. F. Carlson, L. Ford, H. A. Nahl, H. Koever, D. B. Taylor, A. Innis, James Cook. The first officers were- W. H. Loomis, Past Dictator; R. Wheeler, Dictator; Thomas Collie, Vice-Dictator; A. J. Bancroft, Assistant Dictator; Texas Angel, Reporter; H. A. Thompson, Finance Reporter; Jo. Lancaster, Treasurer; D. F. Coey, Chaplain; I. B. Merritt, Guide; A. Anderson, Guardian; C. F. Carlson, Sen- tinel; W. H. Loomis, Medical Examiner. The membership now is fifty-two, while the officers for the current term are: Jo. Lancaster, Past Dictator; Isaac Moore, Dictator; L. Wellendorf, Vice-Dictator; D. B. Taylor, Assistant Dictator; Henry Mohns, Finance Reporter; Hermann Ernst, Reporter; E. B. Renshaw, Treasurer; John Yablonsky, Guide; William Simpson, Chaplain; O. F. Westphal, Guardian; Ole Jensen, Sentinel The lodge meets on the last Thursday of each month in Odd Fellows' Hall, Alameda- and is in a flourishing condition. West End Lodge, No. 175, A. O. U. W. — This lodge was organized June 21, 1880, the following being the charter members: David Altvater, Charles Bochse, W. P. Byler, H. C. Ballheimer, J. C. Bruhns, A. T. Baker, J. B. Finley, L. S. Godfrey, P. F. Gochnauer, Ad. Hecker, Nels. Holm, Jacob Lenz, Louis Probst, Will. Ramm, Geo. O. Smith, Jr., John Quast, John Schomborg, Theo. Steinmetz, L. J. F. Schutenhaus. E. L. Knowlton, H. Traube, C. C. Volberg. The charter officers were: Sam. Orr, P. M. W.; Will. Holtz, M. W.; John Conrad, Foreman; Hermann Bremer, Jr., O.; H. Mc- Goun, Reed.; Henry Gripp, Rec; W. H. Moller, Guide; Geo. Relfe, I. W.; Fred. Benn, O. W. The lodge is in a flourishing condition, and is composed of forty-five members, the officers for the current year being, M. H. Hackett, P. M. W.; H. McGoun, M. W.; P. Z. Nauman, Foreman; Jacob Lenz, O.; H. C. Ballhermer, Reed.; Will. Holtz, Fin.; C. C. Volberg, Rec; A. R. Denke, Guide; W. P. Byler, I. W.; John Schomborg, O. W. Meets every Monday evening at Holtz' Hall, West End, Alameda. Alameda Council, No. 192, A. L. of H. — This lodge was organized March 24, 1881, the following being the charter members : — E. T. Barnes, A. Victors, E. J. Dodge, H. Kosminsky, I. Manheim, J. E. Baker, A. Cheminant, C. J. Moyes, C. F. Lewis, G. P. Reynolds, J. Wightman, J. Yablonsky, Annie Yablonsky, R. Gibbons, J. B. Vos- burgh, G. C. Vandal, H. Michaels, Alfred Bannister, Henry Deas, L. Beck, D. A. Cords, Mrs. S. A. Downes, F. C. Jordan, S. R. Chappel, W. Simson. The first officers to serve were, J. E. Baker, Commander; E. J. Dodge, Vice-Commander; H. Kosminsky, 'n>r^c^'^i:^a>c^:^-?^ Alameda Township. 409 Orator; E. T. Barnes, Past Commander; D. A. Cords, Secretary; A. Victors, Collector; I. Manheim, Treasurer; J. B. Vosburgh, Chaplain; C. J. Moyes, Guide; J. Yablonsky, Warden; A. Cheminant, Sentry; J. Whitman, G. C. Vandal, R. Gibbons, Trustees. There are at present thirty-one members on the roll, and the under-mentioned officers : H. Kosminsky, Commander; Mrs. A. Cheminant, Vice-Commander; A. S. Cheminant, Orator; R. Gibbons, Secretary; I. Manheim, Treasurer; A. Victors, Collector; E. T. Barnes, Chaplain; C. F. Reynolds, Guide; H. Deas, Warden; Mrs. Yablonsky, Sentry; D. A. Cords, J. E. Ager, Mrs. Vosburgh, Trustees. Meets on the second and fourth Thursdays of each month in Odd Fellows' Hall, northwest corner of Park Street and Santa Clara Avenue, Alameda. Whidden Hose Company, No. 2, Alameda Fire Department. — This com- pany was organized June 16, i88r, with the following charter members: G. W. Wheeler, F. Holtz, J. Conrad, C. Boehse, J. Ball, F. Benn, H. Bemer, O. A. Bemer, A. Denke, J. Edwards, L. Encinas, P. L. Gochnauer, T. Guillett, A. Hecker, W. Holtz, H. Kustel, G. Kreith, W. H. Moller, M. W. Mathiesen, L. Probst. O. Rogers, C. Sturm, H. Schoe- nau, W. Schulte, W. G. Stahl, its first officers being, G. W. Wheeler, Foreman; W. G Stahl, First Assistant; F. Holtz, Second Assistant; J. Conrad, Secretary; C. Boehse Treasurer; W. Holtz, H. Kustel, W. H. Moller, Trustees. There are on the roll twenty-five active and twelve honorary members, with the following office-bearers : G.' W. Wheeler, Foreman; O. Rogers, First Assistant; L. Schoenau, Second Assistant- J. Conrad, Secretary; C. Boehse, Treasurer. The company meets on the first Thurs- day of each month, at their quarters on Webster Street, between Pacific and Railroad Avenues, Alameda. Alameda Oil Works. — This enterprise was established in the year 1868, by Samuel Orr, and by him continued ever since. He at first started in the manufacture of castor, cocoanut, and linseed oil, but for the last seven years has confined himself to the production of the cocoanut-oil, of which he produces about three hundred tons per annum. The premises are situated in that part of the town of Alameda known as Woodstock, not far from Alameda Point. The establishment is supplied with a twenty horse-power engine and the necessary hydraulic presses. Pacific Coast Oil Company. — This company was established in 1880, and erected their large refinery at Woodstock, near Alameda Point, where petroleum oils are refined, the crude oil. being imported from other counties of the coast, as good an article being manufactured as is to be found in the Eastern States. The officers are, C. N. Felton, President; D. G. Scofield, Auditor; L. D. Fisk, Secretary. Office at 402 Montgomery Street, San Francisco. • Alameda Planing Mill. — This establishment, situated on Encinal Avenue between Oak and Walnut Streets, was started April i, 1882, and occupies one hun- dred by two hundred and forty feet of ground. It is provided with molding-rack, engine and boiler house, a fifty horse-power engine, steam-pump, etc., and gives employ- ment to fifteen workmen. The business done averages about twenty-five thousand dollars per annum. John A. Boin is the proprietor. 27 410 History of Alameda County, California. Encinal Lumber Yard. — Renton, Holmes & Co., proprietors, N. B. Renshaw, manager, is situated at the corner of Oak Street and Encinal Avenue, and occupies an area embraced in three hundred feet frontage and one hundred and fifty feet depth, with capacity of storing three million feet of lumber, most of which is imported from Puget Sound, and Mendocino and Humboldt Counties. The enterprise was started in 1878, by the present proprietors, on their present location. SCHUTZEN Park. — These excursion grounds, situated in Alameda, were opened to the public early in the year 1868, and are the property of the Schutzen Loan and Building Society. They comprise between seven and eight acres of land, and con- tain all the necessary apparatus to make it a place of resort and picnic grounds. There are a dancing-pavilion, swings, shooting-ranges, etc., all being leased by Capt. George Cantus, a gentleman well known all over the State of California. Newport Swimming Baths. — These, the pioneer baths of Alameda, were started in the year 1877, by Mr. Salara, but in February, 1878, he sold out to J. P. Wonderlich, who at once commenced elaborate improvements, which have been continued up to the present time, no less than twenty-eight thousand dollars having been spent upon them. The grounds are two hundred by six hundred feet. There are two hundred dressing-rooms, twelve hundred bathing-suits, a conservatory with glass sides, with a seating capacity for three hundred persons, and other and many luxuries for this health-giving exercise. Terrace Baths. — This establishment is owned by R. Haley and C. A. Edson, and was commenced in 1878, since when it has been considerably added to. The dam or tank is three hundred by three hundred and fifty feet in dimensions; there are two hundred and forty dressing-rooms, and several rooms for hot salt-water baths, while there are on hand no fewer than four thousand bathing-suits. No less than twelve hundred private suits are kept here for the accommodation of regular customers, while the entire premises are lighted by twenty-two gas-lamps, each having an eighty-candle power. The manager is R. Haley. Long Branch Swimming Baths. — This is the largest of the famous Alameda swimming-baths, with comfortable rooms and elegantly appointed grounds. Brooklyn Township. 411 BROOKLYN TOWNSHIP. GEOGRAPHY. — Brooklyn Township is bounded on the north by Oakland Town- ship and Contra Costa County, on the east and south by Eden Township, on the west by Alameda Township. Topography. — The area of this township is computed to be in the vicinity of twenty-four thousand three hundred and forty-four acres, and extends from Indian Gulch to San Leandro Creek, a distance of about seven miles, and from the bay of San Leandro to the summits of the Contra Costa Range, some eight miles in width. It possesses considerable commercial advantages from the fact that the future Oakland Harbor and the head of the estuary of San Antonio form a part of its western border, the bay of San Leandro also penetrating into the marsh-lands on that side, while the beautiful Lake Merritt divides it from the township of Oakland. In the first years of American occupation the belt of giant redwoods known by the name of San Antonio after the creek up which came the "hewers of wood," was in its pristine vigor; to-day we' only see the trunks of these monarchs of the forest^ with sapling shoots springing therefrom, giving promise, were they left to attain maturity, of future value. The only piece of native forest-land is to be found on its eastern border. From the waters of the San Antonio back to the hills we have rolling lands of extreme beauty and fertility, which rise in graceful regularity until culminating in the Contra Costa Range, where high up are seen the outlines of deep ravines and well-secluded canons. Valleys. — There are no valleys of any magnitude in Brooklyn Township, but several small ones are to be found nestling between the higher foot-hills. Among these Fruit Vale takes the chief place on account of its beauty, salubrity, and fertility. Streams. — Chief among the streams which belong to the township of Brooklyn is the San Antonio Creek. As early as the utility of the redwood trees was demon- strated the head of the stream became an embarcadero, and here, as early as 1851, did the late James B. Larue establish a trading-post. Of other streams, which all come babbling down from their mountain fastnesses, are the Indian Gulch Creek, which separates Brooklyn from Oakland Township, and falls into Lake Merritt ; Sausal, and San Leandro Creek, the dividing line between the townships of Eden and Brooklyn. Climate. — Like that of Alameda Township, Brooklyn is free from fogs ; indeed, while Oakland is enveloped in its dull, gray mantle, and the Bay of San Francisco is all but impassable from its opaque mist, the uplands of the township under considera- tion revel in the glorious delights of an unconcealed sun, thus there is a purity of air which makes this section a joyous sanitarium. In certain portions frosts are not known, while its' general evenness of temperature makes it the garden above all others 412 History of Alameda County, California. of Alameda County. High winds are the exception, and those which come, usually from the northeast, stay not long enough to do aught of damage. Soil. — The soil of Brooklyn Township is principally composed of adobe and clay, and differs considerably from that of Oakland or Alameda, inasmuch as the former is a sandy loam. It is said that one can cultivate a larger area in one day in Alameda than he can on the adobe land of Brooklyn ; but this is by no manner of means a disadvantage. The light, sandy soil soon dries for an inch or two below the surface, therefore sufficient moisture is not retained at such a depth to promote germi- nation of the seed, consequently it is necessary to commence garden operations as early as the month of January, planting, as the season advances, deeper into the soil. The soil of Brooklyn Township, however, although requiring much greater muscular exercise and severe working to bring it into perfection for planting, and to keep it in that state, is always sure of producing a bountiful yield, although there are certain portions that do not produce remunerative crops. But this is the exception. The tendency of the soil known as adobe is to crack, but this may be prevented by continu- ous working, while it possesses a well-known virtue above the sandy loam in so far as it does not readily part with its moisture. Products. — Although not exclusively an agricultural section, the products of Brooklyn Township may be stated generally as grain, hay, fruits, and vegetables- There are few spots in California possessed of more varied advantages. Here the cereals fructify to perfection, but while in certain portions grapes, currants, and black- berries will not develop into rich maturity, the Bartlctt pear, the Washington, and the Y;llow Egg plum here find their richest perfection. It possesses orchards than which there are none finer in the whole length and breadth of the land, those of F. Rhoda, R, S. Farrelly, L. Stone, W. Vandyke being especially noticeable, while the stretch of land lying along its western border displays a care in cultivation that speaks well for the thrift of its possessors. Timber. — In what may be termed the pre-American days there was one belt of redwoods which was known by the name of San Antonio, and where the production of lumber was carried on to a great -extent. To-day the site of the forest is to be recognized only by the gnarled stumps of trees, with %hoots springing therefrom. These were t-he only forest-trees in the county, save the usual clusters of oaks that give a. park-like appearance to the scenery. With the settlement of the district trees exotic to it were planted, and at present we have large groves of the eucalyptus, besides different species of ornamental trees, in the vicinity of the several mansions which have been erected in every part of the township. Mexican Grants. — Brooklyn Township is comprised entirely in the territory known as the Rancho San Antonio, granted to Don Luis Maria Pcralta for meritorious services, on August 23, 1820, the lands lying within its boundaries being those given to his two sons, Antonio Maria and Ygnacio Peralta; and on the San Leandro Creek, in what is Brooklyn Township, did the two brothers erect their adobe house, the first residence built within its borders. Brooklyn Township. 413 Early Settlement. — It is beyond a question of doubt that the first settlement made within the boundaries of Brooklyn Township was by the two brothers Ygnacio and Antonio Maria Peralta, who resided in an adobe house on the banks of the San Leandro Creek, bu t when this residence was constructed is lost in obscurity, although it may be right to conjecture that it was about the years 1821 to 1825. The lands of this powerful family extended from the above-named stream on the south to San Pablo on the north, and at the foot of the hills the two sons dwelt until the year 1842, when the magnificent estate was parceled out between them, Antonio Maria taking up his residence in Fruit Vale, and Ygnacio continuing in the old homestead. Here they remained in Arcadian simplicity to be disturbed eventually by the advent of the foreigner. With the arrival of these energetic pioneers, who commenced traveling over the country searching for lands which to purchase or on which to locate, the San Antonio Redwoods were discovered, and as early as the summer of the year 1847 they were well known, and a trade with YerbaBuena(San Francisco) had sprung up. We have been informed by the Hon. Elam Brown, of Contra Costa County, that he was there then, whipsawing lumber. In short, here many of the earlier citizens gained their first Californian experience. Then came the discovery of gold in January, 1848, and with it the rush of people to the Pacific Coast. For the first year all went to the mines, but as they wearied, sickened, or lost heart, they tried fortune in the lower country, and many came to the redwoods of San Antonio to find employment in the manu- facture of lumber and shingles. It was not long ere steam was introduced. In or about the year 1849 a Frenchman, whose name is not now remembered, commenced the erectio n of a mill in the redwoods, which had never been completed, but passing into the hands of the late Harry Meiggs in 1851, was by him sold to Volney D. Moody, the present President of the First National Bank of Oakland. In . 1852, D. A. Plummer, ndw residing in Brooklyn, entered the employment of Mr. Moody, and in the following year purchased the concern. In 1852 two more mills were erected by William and Thomas Prince, and a man named Brown. Subse- quently Tupper and Hamilton put up another, as did also a man named Spicer, which last stood at the head of the canon, its neighbor being Prince's mill, and lower down the Tupper and Hamilton place; Mr. Moody's stood about a mile on this (the Brookyn) side of the summit. In course of time, from its convenience to the rapidly increasing city of San Francisco, the timber was in a very few years completely sawed out, and the hundreds of laborers who there found work were compelled to depart to seek "fresh fields and pastures new." In the month of August, 1849, there arrived in California three brothers, Robert F., William, and Edward C. Patten, who, after passing the intervening time in San Francisco, in the month of February, 1850, crossed the Bay to visit the giant redwoods of San Antonio, of which they had heard a good deal. Procuring a whale-boat they made for the Contra Costa, and landing near the Brooklyn end of the railroad bridge, which is a continuation of Seventh Street, Oakland, found the country a vast undu- lating field of luxuriant grass, some ten inches in height. They at once bethought themselves of farming, although at that time it was generally believed that the pro- lific soil was naught but a barren waste. 414 History of Alameda County, California. At the period of which we write we are informed that the native Californians were bound by a most solemn pledge not to sell, nor even give information in regard to lands. They said: "If we can't fight these heathens out, we can starve them; for we can keep them from a permanent settlement here." Undeterred by this fact, how- ever, the Pattens sought the advice of a Frenchman, who had pitched his tent not far from the San Antonio Creek, and, through him, entered into negotiations with Antonio Maria Peralta, at his house in Fruit Vale, which culminated in their leasing one hundred and sixty acres, and, taking possession, became the first permanent Ameri- can settlers in Brooklyn Township. In a visit to the first named of the three brothers, the venerable octogenarian informed us that, when they arrived, there was a shanty standing on the site of the blacksmith establishment of Northey & Wagar, but by whom it was built is not known; this much has been ascertained, however, it was, early in 1850, in charge of a man named Hoober, a Pennsylvanian printer, but when the Pattens came it had been abandoned. The brothers also found, when they crossed the bay, a man named Moses Chase, in ill-health, living in a tent about where the foot of Broadway, Oak- land, now is, and attended by a friend. Chase had determined to return to the Eastern States, and had come to the Contra Costa to pass his time in hunting and recuper- ating during the mild Californian winter, ere going back to his home in the spring, but this journey he did not at that time accomplish, for the brothers taking a liking to him induced him to join them, which he did, and was afterwards invested with the like proprietary rights as themselves. In 185 1 the Pattens leased an additional three hundred acres for a term of eight years. In 1850 they had commenced farming, but on the extension of their territory they laid nearly the whole of their possessions under a crop consisting chiefly of barley and wheat, and to them is the honor of turn- ing the first furrow, with the first American plough, between Oakland and the Mission San Jos^ while, as an instance of the luxuriance of the vegetation, during the first year of their residence fifty tons of hay were cut on the site of Clinton, which netted seventy dollars per ton, the market price being eighty dollars, but ten dollars of which were deducted for freight to San Francisco. We have already mentioned the embarcadero of San Antonio, whence was exported the lumber from the redwoods. Early in the year 1851 the superior advan- tages of this location became known to the late Hon. James B. Larue, therefore mov- ing from San Francisco to the opposite shore he acquired some property from Antonio Maria Peralta, and there determined to found the nucleus of a town — mayhap of a mighty city. Ere proceeding, however, with his means of attaining this desired end, let us inform the reader of what manner of man this gentleman was. James Buskirk Larue was a native of Bergen County, New Jersey, where he was born February 6, 1800. Having received a good practical education in his native State he afterwards engaged in the manufacture of paper, but feeling that greater scope was necessary for his energy he followed the advice subsequently given by Horace Greeley to young men and "went west." In 1836 he settled in Michigan, and entered largely into the business of lumber-making, but owing to a disastrous crisis in the trade, he was compelled to succumb to misfortune, yet, honest man that he was, he gave up his all for the satisfaction of his creditors. That his manly worth Brooklyn Township. 415 and business capacity were appreciated in that State, we find from the fact that he was at one time put forward as a candidate for the high office of Lieutenant-Gov- ernor, but suffered a party defeat. In the year 1849, in company with a number of others, he came to California, and, after passing a short time at the mines, returned to San Francisco, and finally, in 185 1, took up his residence in Brooklyn Township, where he continued to reside until the day of his death, on January 7, 1872. His first establishment, which was a tent covered with hides, stood in the neigh- borhood of what is now the junction of Twelfth Street and Fifteenth Avenue, and here he opened a store having as its chief object the supplying the lumbermen in the redwoods with goods. He immediately, however, commenced the construction, near by, of the house now occupied by Louis Winegard, whither he transferred his goods from the tent, and took up his residence with his wife and his son Luke, being joined, early in 1852, by Antonio Fonte. This gentleman, who is now engaged in business at No. 800-802 East Central Avenue (Brooklyn), East Oakland, informs us that when he first came to the township in November, 1851, besides the tent of Mr. Larue, a Mex- ican named Manuel Paracio had a corral standing in the center of the ground now bounded by Twelfth and Fourteenth Streets and Fourteenth and Sixteenth Avenues, while a man named Parker h ;d a " rum-mill" where the store of Andrew Hempel now stands on East Twelfth Street, between Fifteenth and Sixteenth Avenues. This place, we are given to understand, had been built some time previously by a man named Dean. To the rear of the planing mill, now conducted by the Mendocino Lumber Company, stood a slaughter-house, occupied by Fisher & Son, while in the vicinity of what is now Twentieth Street stood a large farm-house, in which dwelt one Manuel Baragan, a Chileno, who farmed the whole of the Bray and Kennedy tract as far as the pres- ent boundary line of Alameda Township. The land to the west of Fourteenth Ave- nue was then what we have already mentioned as being farmed by the Patten Broth- ers and their associate, Moses Chase. Among those who settled in the redwoods in the year 185 1 was William C. Blackwood, and who is now a resident of Eden Township. In the year 1852 the Pattens erected the first residence in what afterwards became the village of Clinton, their dwelling previously being nothing more than a tent, which was often placed in jeopardy by the herds of wild cattle which then roamed at will over the district. In this year the first ferry from the embarcadero of San Antonio to San Francisco was started, the craft used being a "plunger," which received from her owner — a Frenchman — the name of the Pirouette, on account of the facility with which she could be brought up into the "wind's eye." At this time there was a great deal of traffic with the lumbermen, whose numbers could be counted by hun- dreds. In the year 1852 Duncan Cameron settled near the embarcadero, and on arrival found a butcher named Fuller, besides Allen, Chase, Larue, the Pattens, Michel and Lemoine, residing in the place, while there were some Portuguese earning a living by raising poultry, boating, and fishing. He then established the first livery-stable in the town, with only three horses. In this year Joseph and Isaac Freeman erected the Mansion House, which stood on the northeast corner of Fifteenth Avenue and East Twelfth Street, and conducted it as an hotel; and about the same time George Gaskins built on what is now the corner of East Fourteenth Street and Sixteenth Avenue. 416 History of Alameda County, California. In this year, also, a man named Hopper built a blacksmith's shop on the bank of the creek — now the foot of Sixteenth Avenue — but shortly after was succeeded by one Redman. Subsequently it was purchased by V. S. Northey, who now owns it. In 1853 Mr. Cameron built a larger livery-stable, while about this time the first school was established, and built by subscription. In the year 1854 C. B. Strode, of the law firm of Jones, Tompkins, & Strode, of San Francisco, acquired six thousand acres of land from Antonio Maria Peralta, sub- ject to the lease held by the Patten Bi'Others, to whom he made the proposition, that they should deed to him one-half of three pre-emption claims that had in the mean time been taken up by them, in consideration of their lease being canceled and the whole four hundred and eighty acres platted for the purpose of building a town. The survey was at once completed and duly recorded as the town of Clinton. The lots found immediate purchasers, the first property deeded being that now occupied by Badger's Park, the owner being Captain J. Nagle. In this year a large hotel was built by the property-owners of the town of Clinton, and placed in charge of Captain Wagstaffe, while in that year Hon. Thomas Eager came to the township, embarked in the lumber business in the redwoods of San Antonio, and erected his residence in the town of Clinton. Among the other accessions to the strength of the township in this year were J. A. Rose, now a resident of Murray Township, Andrew Hempel, and the deceased John Mathew. In 1854 there was a considerable native population resident in the township who indulged in the favorite pastime of bull-fights, while the town grew apace, and increased in regard to the number of its inhabitants. As early as 1852 a steam-ferry was established between Brooklyn and San Francisco, the pioneer steamers we are informed being the Kangaroo, Hector, and Red Jacket; these were followed by the Contra Costa (which was afterwards blown up and several lives lost) and the Clinton of the Minturn line. In the year 1857 the late James B. Larue, believing that the rates of fare then charged were excessive and detrimental to the interests of the residents of Alameda County, became associated with several others and established an opposition ferry line between Brooklyn, Oakland, and San Francisco, under the style of the "Oakland and San Antonio Steam Navigation Company," its originator becoming President. Having purchased the steamer Confi- dence, from her was built the San Antonio, which made her initial trip in April 1858. A general reduction in the rates of fare and freight ensued, one-half in the case of the former, and two or three hundred per cent, in the latter. In the fall of the same year the Oakland was launched and placed on the line, and during the summer of 1859 a lively opposition was kept up by the rival boats. The enterprise did not pay as well as its promoters anticipated and a great majority of them were anxious to sell out. The California Steam Navigation Company purchased a large amount of the stock and tried very hard to get the supremacy, thus Mr. Larue was forced to buy a suffi- cient amount to control the entire business or allow the whole scheme to fail; and in doing so, he became largely involved. In 1862 the Oakland and San Francisco Railroad and Ferry Line was established, and the steamers were sold to them. But be that as it may, frequent and rapid communication with San Francisco and low far-^s and freights were established, which naturally increased the value of property. Brooklyn Township. 417 On January 20, 1859, W. A. Bray established himself on the Oak Tree Farm and commenced agriculture. Here he built a fine mansion, planted shade-trees, cultivated fine orchards, and made handsome lawns. In the spring of i860, E. H. Derby took up his residence near his friend, commenced making improvements, and these formed the center around which has sprung a country of beautiful residences. To these gentlemen are we indebted for the delightful piece of locust-lined avenue in front of their dwellings. Soon after them came Henderson Lewelling and Governor Weller, whose places are now occupied by Hugh Dimond and Frederick Rhoda. Generally speaking the farmers and horticulturists have been successful. The orchards of Messrs. Rhoda, C. T. Hopkins, J. V. Webster, and Schumaker are among the finest in the State, while that of R. S. Farrelly, near San Leandro, for its size, is not surpassed by any. East Oakland, or Brooklyn. — This portion of the City of Oakland as con- stituted at the present time is made up of the three villages of Clinton, San Antonio, and Lynn. The first of these was that portion of the town on which the Patten Brothers located in 1850; the second where we have said was the embarcadero, while the last was situated on the heights, and sprang into notoriety from its being the site of a large boot and shoe factory established there in 1867. It is our purpose to treat these three hamlets as the nucleus of the town of Brooklyn ere it was swallowed up by its big neighbor, Oakland. The first house built in the town was that of the Pattens, and it was placed in regard to its survey on block number eight. The next settler we have already shown was the late James B. Larue. But it is unnecessary to repeat, for this infor- mation has been given to the reader elsewhere. In 1854, when the town of Clinton was laid out and Captain Nagle purchased the property now known as Badger's Park, he then built the second house in Clinton where it still stands in the center of the beautiful demesne. In the same year David S. Lacy erected a store at the corner of what is now East Twelfth Street and Twelfth Avenue, there being associated with him in the concern one B. M. Atchinson. On the northeast side of Twelfth Street, between Eleventh and Twelfth Avenues, a large hotel, three stories in height with seventy rooms, and costing thirty thousand dollars then, was erected by the owners of the town of Clinton, and placed in the charge of Captain Wagstaffe. Some six or seven weeks after it had been completed and occupied it was destroyed by fire. But why attempt to particularize. The town had taken a good start, for land was much sought after on account of its salubrity and beauty of location. The number of citi- zens had vastly increased, business enterprises had been effectually commenced, there- fore consolidation was deemed necessary. To this end,, in the year 1856, a petition wi^s presented to the Board of Supervisors of the County of Alameda praying that such an union should take place; the prayer was granted and the villages of Clinton and San Antonio became Brooklyn, the name being taken from that of the vessel in which the proposer of the resolution, Hon. Thomas Eager, had come to California in 1849. By the Act of the Legislature passed April 4, 1870, the villages of "Clinton, Lynn, Brooklyn, and vicinity" were constituted a body politic and corporate by the 418 History of Alameda County, California. name of the Town of Brooklyn, the boundaries being as follows: "Commencing at the bridge at the intersection of Encinal and Park Avenues, as laid down upon the published map of Oakland and vicinity (of William F. Boardman, City and County Surveyor), and thence following in a northerly and easterly direction along the bound- ary line of the city of Oakland and following said boundary line to a point opposite the center of Prospect Street; thence northeasterly, across Lake Shore Avenue to the center of the highway leading to Lake Park; thence along the center of said highway to an intersection with Indian Gulch; thence easterly along the center of said Indian Gulch, to the southerly and westerly line of the lands of John Hem- pel (excluding said lands); thence along the westerly line of said lands for- merly the property of Duncan Cameron, to an intersection with Sausal Creek (at the northeast corner of Porter's plot); thence southerly along said creek to the north- erly lands belonging to George Stevens; thence westerly, along said line to the north- west corner of said lands, at the westerly line of Lynn, as shown on said map; thence southerly, along said line to the northeast corner of the northern addition; thence southerly, along the easterly line of said northern addition, to the northwest corner of the Cameron plot; thence easterly along the northerly line of said Cameron plot to the northwest corner of Ghirardelli's plot; thence southerly along the westerly line of said plot in a direct line prolonged to the southerly line of the old County Road; thence westerly along the southerly line of said road to the northeast corner of the land of Sevin Vincent; thence southerly along the dividing line between the lands of said Vincent and W. A. Bray prolonged in a direct line to a point in the south line of Adam's Avenue; thence westerly to the northwest corner of the lands of Joshua Tevis; thence southerly along the westerly line of the lands of said Tevis to the southwest corner thereof; thence easterly along the land of Mrs. Requa; thence southerly in a direct line to the place of beginning." Section two of the Act vested the government of the town in a Board of five trustees, an assessor, and a clerk to be ex officio treas- urer, an election being ordered for the first Monday in the month of May of each year. On May 4, 1870, that election was accordingly had, and resulted as follows: H. A. Mayhew, Hiram Tubbs, Adam Cannon, Charles Newton, Henry Turn Suden, Board of Trustees; A. W. Swett, F. Buel, C. C. Knowles, School Directors; J. F. Steen, Clerk and Treasurer; C. E. Webster, Assfessor. Mr. Mayhew was elected Pres- ident of the Board of Trustees on May 7th. On May nth a proposition of Asa How- ard to erect a building on Block number forty, Washington Street, in which the meet- ings of the Trustees should be held, and offering it at a rental of ten dollars per month was accepted, and the officials subsequently transacted their affairs in that edifice. On the 14th May, O. Whipple was appointed Town Marshal; and on Sep- tember 2d, the name of Jackson Street in the ancient village of San Antonio was directed to be thenceforward called Humbert Street. On the 30th of the same montii the right to lay pipes in the streets was granted to the Contra Costa Water Company; while the same meeting gave directions that hydrants should be placed on Washing- ton Street, at the intersections of Chase, Jones, Clay, Polk, and Larue Streets; a fran- chise being granted to the Oakland Gas Company to lay their pipes on the 14th October. The second election of town officers was held May 5, 1871, when the following Brooklyn Township. 419 result was attained: H. A. Mayhew, Hiram Tubbs, Adam Cannon, H. Tum Suden, Isham Case, Board of Trustees; A. W. Swett, F. Buel, T. F. Steere, School Trustees; J. F. Steen, Clerk and Treasurer; A. B. Webster, Assessor; L. J. Rector, Justice of the Peace. To these, on May 12th, were added the names of T. J. Arnold, Engineer; and W. Van Dyke, Attorney. In our search through the records of the late town of Brooklyn, we find the Trustees receiving the following amusing letter of recommen- dation from a prominent citizen: "In the matter of Poundkeeper, referred to the com- mittee of which I am Chairman, beg leave to recommend (if any change is made) Mr. Patrick Morrisey, a gentleman well qualified to fill the position, and will act with- out any expense to the town. He is a good, loyal citizen, and has been fighting and bleeding for his country for a number of years last past. A man of property, a father of a large family, and always votes at all our elections, and votes right." On the seventh day of January, 1872, that much respected pioneer of Brooklyn, James B. Larue, was '" gathered to his fathers." It is said of him that very few men were possessed of a better judgment of " men and things." In matters of law his opinion was superior to that of many professional lawyers. One instance may be cited to show what faith he had in his own judgment and how persistently he followed it up. At the time when the ferry line was established between this and the San Francisco side of the Bay, the Contra Costa Steam Navigation Company, whose agent was Charles Minturn, was supposed to have the exclusive right to run and maintain a ferry between Oakland and San Francisco, under a contract with Horace W. Carpentier and others, and suit was commenced against the opposition company. Many lawyers said it would be useless to resist, for Minturn undoubtedly had an exclu- sive right. The suit was finally decided in the United States Suprenie Court in favor of the opposition company. One of the most brilliant lawyers of the San Francisco Bar once said: " If I could beat J. B. Larue in a lawsuit it would be a big feather in my cap." He was warm-hearted and genial in his nature, and beloved by his family and all who knew him intimately. He gave freely to all public institutions of the town. He presented the lots on which the Presbyterian Church is built; also those for the Episcopal; the lot for the engine house was also his gift, while he was the largest contributor towards the purchase of a fire engine. He had been a member of the State Legislature of Michigan, and subsequently had the like honor conferred upon him in California. He was possessed of that scarce spirit known as fortitude, in a remarkable degree, which, linked with his wonderful business acumen, nearly always enabled him to extricate himself from pressing difficulty. On the death of her hus- band, his widow, who had shared with him the many dangers and vicissitudes he had to encounter in East and West, returned to the home of her parents in Bergen on a visit, and coming back once more to her family and her dearly-loved Western home, there, in 1875, departed to that better land from whose "bourne no traveler returns." Upon Mr. Larue's death, the Board of Trustees, January 10, 1872, passed the follow- ing resolutions: — "Whereas, It hath pleased the Supreme Ruler of events to remove from our midst one of our most estimable and honored citizens, it is therefore Resolved, That we deeply realize the loss of one of the Pioneers of the town and one who has greatly assisted in building it up, and by his tepacity of purpose carried him and us through many tribulations and finally secured to us permanent benefits which we can never repay. 420 History ok Alameda County, California. Resolved, That we deeply sympathize with the family of the deceased, and trust that our Great Father will be a protector to the widow, and a father to the children who survive." At the May election of the year 1872, H. A. Mayhew, Isham Case, C. C. ' Knowles, A. W. Swett, George W. French, were chosen to fill the positions of Town Trustees, while the remaining officers were the same, save that of Clerk and Treas- urer, to which A. J. Webster was elected. During the progress of the war consequent on the removal of the county seat, and pending its decision, Brooklyn was honored with the presence of the Court House and other county buildings. In October the Trustees made a bid for its permanent location by offering either Washington or Independence Square for the purpose, but the coveted prize slipped through their fingers and went to Oakland. In the month of October, 1872, a petition, signed by some of the principal citi- zens and property-holders of Brooklyn, was presented to the Board of Supervisors of Alameda County, praying that an election might be held, under provisions of the Act entitled " An Act to enable the inhabitants of territory adjacent to any city in this State to annex the same thereto," for the purpose of determining whether the inhab- itants of Brooklyn would decide to have certain territory of that town annexed to the city of Oakland. The election was ordered as petitioned for, and, being held, resulted in showing a large majority in favor of annexation. The scheme was fully ratified; and the last minute in the Record Book of the Town of Brooklyn states that Messrs. Case, Swett, and French were unanimously appointed a committee to confer with the City Council of Oakland in reference to annexation. A vote of thanks was passed to the officials of the quondam town, and the Board adjourned sine die. Brooklyn now became a portion of the city of Oakland, its history since that time will therefore be carried on in the chronicles of that place. Besides being a locality of pleasant residence. East Oakland is a place of consid- erable business activity, as the following histories of its principal commercial enter- prises will fully exemplify. As at present constituted, East Oakland, or Bro -klyn, constitutes the Seventh Ward of the city of Oakland, possesses several good hotels, among them the famous . Tubbs' Hotel whose palatial fa(;ade and well laid out grounds, would enhance the baauty of any city, while nestling in the hills is the famous Mills' Seminary, an insti- tution which has a world-wide reputation. First Baptist Church of Brooklyn.— On April 16, i860, work was begun on the building of this organization, and the dedicatory services were held on the first day of the following September. During the month following, the organization of the church was effected by Rev. J. D. Saxton.with the following members: Rev. J. D.'Saxton, J. B. Stickney, Mrs. Saxton, James Lansing, Charlotte Lansing, Martin Shuey, Mar- garet Shuey, S. D. Shuey, Catharine Shuey, A, K. Warner, Sarah Warner, and Wealthy Taylor. Rev. J. D. Saxton was the first pastor, and J. B. Stickney was the first clerk. The first trustees were, Hiram Tubbs, J. A. Taylor, S. D. Shuey, W. W. Manning, and J. B. Stickney. The following named pastors have supplied the pulpit of this church: Revs. J. B. Saxton, John Francis, W. A. Farrey, T. G. McLean, and S. B. Morse. During the last four years the building has been remodeled inside and out Brooklyn Township. 421 and one hundred seatings added. The present membership is one hundred and thirty- two, and has more than doubled during the past five years, which speaks very highly of the efficient service of the pastor during that time. The Sunday-school connected with this church has an average attendance of two hundred and forty, and the Sun- day-school library contains six hundred Etnd fifty volumes. The building is located on the corner of Fourteenth Street and Tenth Avenue. The society is free from debt, and the property is valued at eight thousand dollars. Church of the Advent. — The Church of the Advent, Protestant Episcopal, of East Oakland, was organized May 25, i860, by Rev. Benjamin Ackerly, at that time rector of St. John's Church, Oakland. Owing to the fact that the records of the parish were destroyed by fire shortly after the organization of the church, it is impossible to give a list of the first members. The first church officers of which any record appears were those who served in 1864, as follows: Asa Walker, Senior War- den; E. G. Mathews, Junior Warden; William Patten, Clerk; Isham Case, Treasurer; and J. B. Larue, L. Wilson, and George Jones, Vestrymen. The building was erected in i860, and consecrated Feliruary 20th of the following year. The cost of the edifice, including furnishing and carpets, was two thousand four hundred dollars, all of which was met when due. The church was located on the corner of Fourteenth Street and Seventeenth Avenue, and was built on ground donated by James B. Larue. In June, 1882, it was- moved to its present site at the corner of Sixteenth Street and Twelfth Avenue, the ground it occupies comprising four lots, which were the gift of Mrs. M. Langley. In November, 1880, a room was erected adjacent to the church in which a parish school is conducted, and which is also used as a Sunday-school room. On the first Sunday of July, 1865, Rev. D. Ellis Wills was called to take charge of the church, and on the 25th of February of the year following he was elected rector. In 1869 Rev. Daniel Kendig was chosen his successor, and he was succeeded by Rev. Sidney Wilbur in 1871, and he by Rev. Hamilton Lee) in 1878, who is the present rector. The present officers are, C. J. Hawley, Senior Warden; C. M. Nichols^ Junior Warden; E. G. Mathews, Clerk; C. Ramsden, Treasurer; and Dr. M. W. Fish, L. R. Mead, A. E. Magill, and F. Hawxhurst, Vestrymen. The communicants at present number seventy, and the attendance at Sunday-school is one hundred and thirty. East Oakland Methodist Episcopal Church. — This church was organized in 1874, but the records fail to state who were the organizing members. The first pastor was Rev. William Hulbert, Rev. B. E. Edgell followed, him in 1876, and Rev. William Gaffney, Rev. C. J. Lovejoy, and Rev. George Newton supplied the pulpit during 1877. In 1878 Rev. William S. Turner was the pastor, and in 1879 he was succeeded by Rev. William Angwin, who was followed by Rev. Jonathan L. Mann, in 1880, who is the present pastor. The present membership of the church is given at sixty. A Sunday-school is conducted in connection with the church, which has an average attendance of one hundred scholars. The building is located on Seventh Avenue near Fourteenth Street. It is small, having a seating capacity of only two hundred sittings. It was erected in 1874. East Oakland Young Men's Christian Association. — This organization *22 History of Alameda County, California. was formed January i6, 1 88 1, with a membership numbering twenty-four under the auspices of the Oakland Association and as a branch thereof, and it still remains so related to the Oakland Association, although it is sustained by the people of East Oakland. The present average attendance is fifty-four. The meetings are held on Sunday afternoons, and are conducted as gospel meetings. Mills' Seminary. — -The history of this institution takes us back to the year 1852, when the Benicia Female Seminary was established, and from which upwards of twelve hundred young ladies went forth into the world to bring sunshine into many a household, ^and to instill into their children the knowledge gained from this fountain of learning. The school at Benicia had been for several years under the control of Rev. C. T. Mills and his wife, and under their popular regime had much increased in usefulness, but he desired to move to a more extended field and central location for the scene of his labors. He had become the owner of the lands now known as Semi- nary Park, and here he elected to establish his institution of learning for young ladies. A plan of operation was soon decided upon, and through the untiring assistance of J. O. Eldredge, of San Francisco, were prosecuted with the most flattering success. Over twenty-five thousand dollars were raised by private subscription. Dr. Mills entering into an agreement to maintain the school for at least five years, and to event- ually deed the land on which the building should stand, with fifteen acres besides, in trust forever to be used for a school for young ladies. Building operations were com- menced in the summer of 1870, and in the month of August, 1871, the school was opened for the reception of pupils, while there is not anywhere west of the Rocky Mountains such an institution, and it is doubtful whether the famous Vassar College excels it. The building is located in a beautiful little valley at the foot of the Contra Costa Range, at the confluence of two mountain streams, and is distant about five miles f.om the city of Oakland, the vale being psrfectly protected from the winds, and yet retain- ing, unobstructed, the general view of the country. The designs were drawn by S. C. Bugbee & Son, the architects under whose supervision the huge fabric was raised. The contract price was sixty thousand dollars, the work being done by J. W. Wilbur. The brick-work was done by Remillard Brothers, of Oakland, while the lumber came from Larue's lumber-yard at Brooklyn, three hundred thousand feet having been required. As one drives up the winding avenue leading to the premises, the immense pile suddenly looms up in its full proportions, and the visitor is astonished at such a display of architectural grandeur in so quiet and remote a locality. It has a frontage of two hundred and eighteen feet. The central portion is four stories high, surmounted by a -mansard roof and observatory, while the eastern and western divisions are three stories high, also with a mansard roof. It surpasses in beauty and extent any build- ing for educational purposes in California. There are three front entrances; that on the west being to the apartments occupied by the principal, the central one for the public, and that on the east being for the pupils. Upon entering the middle, the first room to the left is a reception-room, beautifully frescoed, and on the right there is a parlor for the use of young ladies. Passing on though a broad hall we come to a Brooklyn Township. 423 corridor running the entire length of the building from east to west. On either side of it are recitation and music rooms and parlors, which are for the most part frescoed, and provided with grates and marble mantels. At the extreme westerly portion of the structure are the private apartments of Doctor and Mrs. Mills. At the other extremity, there are three large school-rooms, connected by means of sliding doors, and adjoining these are numerous small recitation-rooms, all with stationary black- boards. At the east end of the building a wing is extended to the north, and there will be a similar one built upon the other end when the necessities of the institution may require it. Directly in the rear of the main building is the dining-room and kitchen, the former of which is frescoed and has an excellent wainscoting, it being equal in its arrangements to any hotel dining-room in the State. The kitchen would hardly be recognized as such by our great-grandmothers, could they revisit this sub- lunary sphere. The immense range and baking apparatus are of the latest and most improved patterns. The second story is divided into sleeping-appartments for the pupils and teachers. In every room there is a large closet, a marble basin, gas-fittings, etc., and there is not an apartment in the whole building, it may be stated, into which the sun does not shine at some time of the day. There are inside blinds to the windows. The teachers' apartments occupy commanding positions and while the young ladies may not consider themselves under strict surveillance they have a very poor opportunity to get into mischief, should they be so inclined. As in the lower story, a corridor runs the entire length of the building.- There are several bath-rooms, with hot and cold water, on this and on the third story. The third story is similar in all respects to the second, while from the observatory, elevated seventy-five feet above the ground, the view is surpassingly grand. The hills of San Bruno, with the waters of the bay of San Francisco at their feet, the southern portion of that city, including Hunter's Point, the valleys of Alameda, Santa Clara, and Fruit Vale, and the pretty village of San Leandro combine to form a picture which our poor pen is unable to describe. As we have said, there are gas-fittings in every room in the building, while water is obtained from the neighboring streams in never-failing abundance. The ventilation of the house is perfect, the corridors turning a current of fresh air into all the apart- ments through the transoms over the doors. Many of the rooms are warmed by means of grates, but a large hot-air furnace has been provided in the basement, having registers in the halls, which keep the whole building sufficiently warm. The institution is in no way sectarian, though Christian. The course of study is broad and liberal, while every precaution is used to avoid imparting that shallow and superficial smattering of the languages, music, etc., so common in female educational institutions. It is and ever has been the aim of Doctor Mills and his friends to impart a thorough education to the young women of California, and also instruct them in those varied duties they will be called upon to perform in future life. The grounds comprise sixty-five acres, rich in oaks, willows, alder, sycamore, laurel, and bay trees, orchard and garden, and a creek winding through the domain adds to the natural attractions of this delightful spot. Everything betokens the highest taste and skill, and we have seen no school edifice in California or elsewhere equaling it in beauty of surroundings, or surpassing it in convenience of design. 424 History of Alameda County, California. In May, 1872, the foundation-stone of the new church was laid, and is a very neat building, gothic in structure. It occupies a site opposite to that blown down in Octo- ber, 1870, and cost about fifteen thousand dollars, the edifice occupying an area of forty-five by seventy-seven feet, and surmounted by a spire one hundred feet in height. The first clergyman was Rev. Mr. Lacy. Brooklyn Lodge, No. 225, F. and A. M. — Was organized J uly 9, 1872, with John H. Sumner, John W. Phillipps, Jonathan V. Webster, Bezaleel M. Atkinson, Nicholas P. Perrine, Charles F. Barnhisel, Frank^ Schuneman, Herman Pfeimger, Henry Ham- pel, George W. Babcdck, John R. Watson, George M. Walker, John H. N. Tum Suden, Duncan Cameron, James Larue, Charles R. Stetson, Ludwell J. Rector, as charter members. The first officers were: J. H. Sumner, W. M.; J. W. Phillips, S. W. ; J. V. Webster, J. W.; G. M. Walker, Treasurer; J. Larue, Secretary; B. M. Atkinson, S. D. ; C. F. Barnhisel, J. D. ; H. Hampel, Tyler; G. W. Babcock, Marshal. The present number of members on the roll is forty-five ; the Past Masters are: J. H. Sumner, J. V. Webster, J. W. Phillipps, B. M. Atkinson, G. M.Walker, and J. A. Webster; while the officers for the current term are: C. H. Ramsden, W. M.; L. R. Mead, S. W.; A. E. Magill, I. W.; James Cabbledick, Treasurer; H.S. Mulford, Secretary; E. G. Mathews, S. D.; J. J. Newsom, J. D.; A. W. Swett, Marshal; J. V. Webster, Geo. Ridley, Stew- ards ; W. D. Thomas, Tyler. Meets on the first Tuesday of each month. Orion Lodge, No. 189, I. O. O. F. — Was organized June 14, 1871, with the following charter members: Joseph Becht, W. I. Noyes, O. Whipple, James McGrath, D. McFarland, J. J. Pensam, J. H. West, William Skitch, V. S. Northey, T. W. Le Ballister, J. K. Smallman, H. Hampel, F. Deike, T. D. Weymouth, S. N. Sawyer, the original officers being: Joseph Becht, J. P. G.; W. H. Hamilton, N. G.; W. D. Thomas, V. G.; W. T. Noyes, Sec; O. Whipple, Per. Sec; James McGrath, Treas.; S. N. Sawyer, Warden; V. S. Northey, Conductor; J. J. Pensam, I. G.; T. J. Le Ballis- ter, O. G.; T. D. Weymouth, R. S. N. G.; John West, L. S. N. G.; D. McFarland, R. S. V. G.; H. Hampel, L. S. V. G.; J. K. Smallman, R. S. S.; Wm. Skitch, L. S. S.; O. Hemstreet, Chaplain. The Lodge has at present eighty-four members on its roll. Its list of Past Grands is: E. Bangle, George Chase; W. H. Hamilton, A. Howard, W. A. Donilson, J. M. Holiday, H. A. Kingsbury, Z. Ludwig, R. w'. Martin, V. S. Nor- they, W. T. Noyes, J. J. Pensam, M. W. Fish, J. K. Smallman, H. A. G. Smith, W. D. Thomas, James Taylor, O. Whipple, J. K. Watson, E. W. Bradley; and its present officers are: J. E. Holmes, J. P. G.; C. H. Townsend, N. G.; C. M. Johnson, V. G.; W. Sandholt, Sec; J. WiUiams, Per. Sec; V. S. Northey, Treas.; W. C. White, Warden; M. W. Fish, Conductor; J. Ough, I. G.; George Bryant, O. G.; E. W. Bradley, R. S. N. G.; J. J. Pensam, L. S. N. G.; B. F. Henley, R. S. V. G.; F. Hampel, L. S. V. G.; T. F. Spear, R. S. S.; A. Gray, L. S. S.; W. H. Hamilton, Chaplain. Meets every Satur- day evening in Odd Fellow s Hall, at the southeast corner of Eleventh Avenue anJ East Twelfth Street. The hall was built in 1876, and is a two-story frame building having three stores on the ground floor, with lodge-room, ante-room, and library on the second, the whole reprcscntirg, with furniture, a value of some eight thousand dol- lars. The library contains about nine hundred volumes. Brooklyn Township. 425 Evening Star Lodge, No. 263, I. O. O. F. — The Lodge was instituted July 20, 1877, with the following charter members: T. W. Le Ballister, P. G.; F. Schimmel- pfening, J. L. Golden, John Nelson, John K. Woodward, O. J. Bailey, L. B. Larue; the first officers being: J. Nelson, N. G.; J. K. Woodward, V. G.; T. W. Le Ballister, Sec; F. Schimmelpfening, Treas. The present number of members is fifty-one, while the officers for the current term are: F. X. Olanie, J. P. G.; R. H. Larsen, N. G.; D. J. Sullivan, V. G.; T. W. Le Ballister, Sec; F. Schimmelpfening, Treas. Meets on Wednesday evening at Schimmelpfening's Hall, East Twelfth Street, East Oakland. Brooklyn Rebekah Degree Lodge. — The Brooklyn Rebekah Degree Lodge No. 12, I. O. O. F., was organized July 8, 1872, with the following charter members: J. C. Holland, Mrs. S. M. Holland, O. Whipple, Jeanette Whipple, Thos. F. Steere, Mrs. Julia E. Steere, W. D. Thomas, Mrs. Annie Thomas, Ives Scoville, .J. E. Bacon, Eliza Bacon, George Chase, Dana Chase, James Cobbledick, Isabella Cobbledick, Joseph Hook, Calista W. Hook, V. S. Northey, Mary L. Northey, F. M. Farwell, Jen- nie E. Farwell, Louisa Schimmelpfening, James McGrath, Mrs. E. M. Rosette, J. F. Fair- field, J. J. Pensam, J. H. West, T. W Le Ballister. The first officers were: J. C. Hol- land, N. G.; Julia E. Steere, V. G.; May L. Northey, Secretary; E. Bacon, Permanent Secretary; Annie Thomas, Treasurer; Thomas F. Steere, Warden; Mrs. S. M. Holland, Conductress; T. W. Le Ballister, Inside Guardian; C. W. Hook, R. S. to N. G.; E. M. Rosette, L. S. to N. G.; Isabella Cobbledick, R. S. to V. G.; Louisa Schimmelpfen- ing, L. S. toV. G.; Dana Chase, Chaplain. The Past Grands of the Lodge are: J. C. Holland, J. J. Pensam, O. Whipple, W. D. Thomas, Geo. Chase, J. W. Watson, Dana Chase, Louisa Holmes, May L. Northey, Annie Liere, Nellie S. Loud, M. J. Hamilton, Lydia J. Pinkham, Jeanette Whipple, Katie Icke. The present officers are: Katie Icke, J. P. G.; Sarah T. Yale, N. G.; Calista W. Hook, V. G.; Jeanette Whipple, Sec- retary; Annie Thomas, Permanent Secretary; Annie Liere, Treasurer; C. H. Town- send, Warden; Nellie S. Loud, Conductress; Louisa M. Watson, I. G.; May L. Northey, R. S. to N. G.; Dana Chase, L. S. to N. G.; S. M. Holland, R. S. to V. G.; R. E. White, L. S. to V. G.; Mrs. J. B. Williams, Chaplain. The present membership is ninety-three. This Lodge is in a very prosperous condition. It meets every Mon- day evening at Odd Fellow's Hall, corner of Twelfth Street and Eleventh Avenue, East Oakland. Brooklyn Lodge No. 32, K. of P. — Was instituted August 21, 1875, with the following charter members: George Lewis, Jr., Adam FoUrath, Shadrack Osborne, E._ M. Lawrence, Richard Cowell, Joseph Anderson, F. X. Olanie, W. Hendershot, George Rischmuller, H. Liese, James Moffitt, John Cowell, W. H. H. Hamilton, Joseph Hawthorne, F. Lheureux, F. Schimmelpfening, Charles Scheley, Robert Stephenson, F. J. Hughes, Richard Rischmuller, E. H. Geldner, and J. C. Roff The first officers were: George Lewis, Jr., P. C; Adam FoUrath, C. C; S. Osborne, V. C; Robert Stephenson,- P.; W. H. H, Hamilton, K. of R. & S.; J. C. Roff", M. of R; F. Schim- melpfening, M. of E., Richard Cowell, M. at A.; E. M. Lawrence, I. G.; F. Lhereux^ ■O. G. The Past Chancellors are as follows: George Lewis, Jr., Adam FoUrath, S. Osborne, Joseph Anderson, Joseph Hawthorne, W. H. H. Hamilton, E. L Hutton, 28 426 History of Alameda County, California. H. H. Colby, J. L. Roundey, W. W. Mill, Charles J. H. Luth, N. P. West, F. X. Olanie, E. H. Warren. The present officers are: E. H. Warren, P. C; W. A. Follrath, C. C; F. A. Brown, V. C; A. Follrath, P.; Charles J. Luth, K. of R. S.; T. Jackson, M. of F.; H. H. Colby, M. of E.; F. A. Bemis, M. at A.; A. J. Glaze, I. G.; A. M. Irwin, O. G. The present membership is ninety-five, and is continually increasing. Brooklyn Lodge, No. 3, A. O. U. W. — Was . organized September 29, 1876, with the following charter members : M. W. Fish, Geo. Chase, V. S. Northey, George Lewis, Jr., B. Browning, Joseph L. Golden, E. J. Deemer, J. C. Roff, O. Whipple, H. G. Oliver, George J. Hood, Oswald Lubbuck, David Hughes, M. N. Tharsing, Philip Schley, F. Schimmelpfening, Jr., Edward Bangle, Thomas J. Hughes, Thomas W. Le Ballister, J. H. Talken, Adam Follrath, Arthur Chilton, Charles Schley. The first officers were: M. W. Fish, P. M. W.; O. Whipple, M. W.; Thomas J. Hughes, Fore- man; B. Browning, Overseer; George Chase, Recorder; H. G. Oliver, Financier; Edward Bangle, Receiver"; Adam Follrath, Guide; M. N Tharsing, Inside Watchman; Arthur Chilton, Outside Watchman; O. Whipple, H. G. Oliver, and George Chase, Trustees. The following named gentlemen have filled the position of M. W. : M. W. Fish, O. Whipple, H. G. Oliver, Edward Bangle, W. H. Hamilton, J. E. Blethen, James Miller, L. J. Rector, H. C. Hinman, J. W. Watson, V. S. Northey, C. H. Townsend, and H. L. Farrier. The present officers are: C. H. Townsend, P. M. W.; H. L. Farrier, M. W.; John Abraham, Foreman; George Briant, Overseer; George Chase, Recorder; L. J. Rector, Financier; James K. Smallman, Receiver; E. W. Bradley, Guide; B. F. Rector, Inside Watchman; O. C. Kirk, Outside Watchman; O. Whipple, E. Bangle, and George Chase, Trustees. The present membership is ninety-two; meetings are held in Odd Fellows Hall, East Oakland. The Pioneer Pottery. — This may well be called the pioneer pottery, for it is ■not only the first enterprise of the kind ever begun in Alameda County, but it was put in operation by the man who established the first pottery in California. In 1856 Daniel Brannan came to what was then known as San Antonio, now East Oak- land, and being a potter by trade, and finding that suitable clay could be obtained conveniently he at once decided to begin operations, and from that small beginning has been developed the present extensive business, which is located at the corner of Twelfth Street and Seventeenth Avenue, East Oakland. Mr. Brannan owns about one hundred acres here, which gives him ample room for extending his business ■almost without limit. He began operations on a very small scale at first, having only .one kiln, and that was of very limited capacity, but since then he had occasion, owing to the demand made upon him for his productions, to enlarge the scope of his operations until at last he had three kilns, the largest of which was twelve feet on the inside, by eight feet high, the three having a capacity equal to any works in the State. He is at this writing (January, 1883) tearing down his old kilns and construct- ing new and larger ones. He has experimented sufficiently with clay that has been procured in different parts of this State to satisfy himself that a superior article of Rockingham and yellow-ware can be produced from it, and doubtless that branch of the business, which is new in California, will shortly be entered into quite extensively by Brooklyn Township. 427 him. He is also experimenting with a new clay that has recently been discovered in this State, from which he is confident that a superior article of China-ware can be made. Should this prove a success it will mark an epoch in the history of pottery in Cali- fornia. In the past Mr. Brannan has confined his attention chiefly to the manufac- ture of sewer and drain tile, flower-pots, and terra cotta. California Pottery and Terra Cotta Works.— This industry was begun by James Miller in 1875, in a small room only twelve by twelve feet, where he fol- lowed modeling and molding. From that small beginning the business has been increased to its present mammoth proportions. There are now three kilns, the largest of which is twenty-eight feet long, fifteen feet wide, and fifteen feet high. The com- bined capacity of the three kilns is about eight thousand dollars worth of goods. The buildings consist of a work-shop, one hundred by fifty feet, two stories; a drying- house, fifty by fifty feet, two stories; a work-shop, twenty-five by one hundred feet, one story; a grinding-room, thirty by sixty feet, one story; a jigger-shop, thirty by one hundred feet, two stories; and a flower-pot shop, thirty by one hundred feet. The premises include one and three-fourth acres of ground. There are three mills, with a capacity of fifty tons of clay per day. The following articles are manufac- tured at the works: Sewer-pipe, sewer-pipe fittings, ornaments and trimmings, for buildings, chimney-tops, garden-vases, fountains, antique urns, flower-pots, etc. The works are under the personal supervision of Mr. Miller, who is not only a master workman at his trade but an artist of the highest order as well, many of his designs being almost incomparable. The material used at the works comes from Michigan Bar. About fifty men are employed. The owners of the works are Messrs. Miller & Windsor. East Oakland Pottery. — This industry was practically put in operation in 1872 by Henry Bundock, who is the present proprietor. A small affair had been started by a man whose name is now forgotten about six months prior to the time mentioned above, but it was insignificant, and to Mr. Bundock belongs the credit of developing the business to its present proportions. The kiln used is eleven by seventeen feet in size. Drain-tile, sewer-pipe, stone-ware, flower-pots, and terra cotta are manufactured here with eminent success by Mr. Bundock. The white clay used at this establishment is shipped from Michigan Bar, while the red clay is secured in the vicinity of Brooklyn. The place of business and works are located at the corner of Twelfth Street and Nineteenth Avenue. Oak Grove Tannery. — This industry is located at the corner of Central and Eighteenth Avenues, East Oakland, and was begun by P. S. Wilcox & Co., about twenty years ago. When it was first put on foot it had a capacity of about one hun- dred hides a week, which has been increased gradually by the present owner, until six hundred hides per month are turned out ready for the market. The proprietor of the business now is J. S. Derby, who purchased it in 1871. There are seventy-five vats in use at present. An engine is used for pumping purposes, and for grinding the bark, about six hundred cords of which is used each year. The bark supply comes 428 History of Alameda County, California. from Mendocino County. The manufactured product of this tannery consists wholly of harness, sole, and saddle-skirt leather, the bulk of which is shipped directly to the East and sold at wholesale. Brooklyn TANNERY.^-This industry, which is located on Twelfth Street, East Oakland, was begun by G. F. Crist in 1871, and he has continued it ever since, though other gentlemen are now associated with him, and the firm name is Crist & Co. Operations were begun upon the same scale as that on which they are now conducted,, no change in either buildings or capacity having since been made. There are fifty vats in use, and about two hundred and fifty hides per week are turned out ready for the market. The leather manufactured at this tannery is used for harness and boot- soles only, and a ready market is found for the entire product on this coast. There are two buildings, one of which is forty by one hundred and forty feet, and the other is forty by one hundred feet; there is also a bark -shed which is sixty by eighty feet in size. Eight hundred cords of bark are consumed annually at this tannery in the proc- ess of leather manufacture. About twenty men are employed. The East Oakland Planing Mills. — This industry, which is the only one of the kind in East Oakland, was started by Messrs. Power & Ough in the spring of 1876. Since then it has passed through several hands. The building was destroyed by fire in 1879, and rebuilt by the present owners in 1880. The machinery at present consists of two planers, three molding machines, one variety molder or shaper, one set of sash, door, and blind machinery, four rip and three crosscut saws, band and scroll saws, and one buzz planer. The power which drives this machinery is produced in two boilers, and applied through an engine twelve by twenty-four inches. The building occupied by the mills is forty by eighty feet in size, and two stories high,. with additional room for boilers and engine, and is located on the corner of Twelfth Street and Fourteenth Avenue, East Oakland. A general milling and manufacturing business is conducted at the establishment. Mr. John Trotter is the present syperin- tendent. t Brooklyn Manufacturing Company. — This enterprise is conducted by Messrs. Northey & Wagar, and is located on Twelfth Street, East Oakland, where they are engaged in the manufacture of carriages, wagons, and agricultural implements. East Oakland Brewery. — This business was begun by Mr. Mangel in Oakland some years ago, but he finally decided to move to East Oakland, and chose for the site of his future operations the lot on the corner of Twelfth Street and Eighth Avenue. In July, 1881, R. Ringgenberg purchased the property and conducted the business till January, 1882, when S. Neukom became associated with him. The build- ing is thirty by one hundred feet and two stories high. The capacity of the brewery is given as two thousand barrels of beer per year. Brooklyn Brewery. — This business is carried on by Messrs. Welscher & Braun, in a two-story brick building forty by seventy feet in size, located on the corner of Fourteenth Street and Eighteenth.' Avenue, East Oakland. This enterprise was first Brooklyn Township. 429 put on foot by A. Miller in 1872, and the present proprietors came into possession in 1 876. The capacity of the brewery is given at thirty-five hundred barrels of beer per year. Badger's Park. — About half a mile beyond Broadway Station, on the line of the local ferry road, is Clinton Station, the last stopping-place of the local trains from San Francisco before reaching Brooklyn Station. Bordering on the San Antonio Creek, with its grounds sloping down to the water's edge and with an almost perpet- ual green landscape in view, it presents one of the most inviting places of rest to the sojourner from the city that perhaps can be found on this side of the bay. A few yards, not more than thirty or forty feet, beyond the platform of the station, com- mences the grounds of Capt. Thomas W. Badger, the hero of the well-known and nation-regretted steamer Central America disaster, which occurred on this coast in the year 1857. After retiring from a life on the ocean deep. Captain Badger purchased ten acres of land at San Antonio, and settled down to enjoy the remainder of a thus far well-spent active life on the rolling wave, and applied himself to beautifying his home. This was some twenty-two years ago, and during all that long period of time the Captain has been continually at work in the improvement of his beautiful place until now we doubt if a spot can be found in all California that can approach it in point of location and rustic beauty. A sloping grade from the northern boundary to the edge of the creek was long since made, and over the entire space are to be found trees and plants of almost every variety native to the soil and of the various trop- ical species. Drives and paths wind through grassy lawns shaded by umbrageous oaks and trees of an endless variety, and through the center runs a brook of the clear- est water emptying into the bend of the estuary, which forms a portion of the south- ern boundary of the property. But the gallant Captain, who has weathered so many storms in the wild waste of waters, and risked his life a thousand times for others, became tired of enjoying his paradise alone and resolved to share its beauties and the pleasures they gave, with others. He therefore determined to open it as a park and pleasure resort. On February i, 1872, ground was broken for a public park — for a place where the thousands of mind and body-weary denizens of San Francisco and Alameda Counties — school children and pleasure-seekers generally — might go and enjoy at will the free and pure air of the country mixed with the breezes that come, zephyr-like, up the winding creek from the bay and ocean beyond, and at the same time indulge in games and sports common to all places of resort of a similar kind. A large force of mechanics and gardeners was set at work; and these labors have never ceased, indeed are being still continued, and the result of them speaks for itself In the southeast corner of the park is a mammoth pavilion, covering a space of ground two hundred and twenty-five feet in length and ninety-five feet wide. The building faces the prevailing winds and breaks their force so effectually that none is felt inside of the inclosure. It is extensive enough for any purpose and is high enough to take in the magnificent views that may be had from its gallery windows, some forty in number. The width of the pavilion is ninety-five feet, and, besides, the galleries have a clear space of one hundred and three by eighty feet, for skating and dancing 430 History of Alameda County, California. ' purposes. On the park side this structure is fringed by clusters of oaks and orna- mental trees of various kinds. The floor is double; on the north side seven large doors, eight feet wide, open on the grounds. In the south end of the main building are galleries, which with the side seats will accommodate two thousand five hundred persons. These seats do not seem to take up much of the great space of the interior. Opposite the galleries, which are built in the strongest manner, is the music-stand for the band, and facing it are the dressing-rooms, etc. Contiguous to the whole is a capacious bar-room. The grounds are fitted up with all manner of contrivances for purposes of amusement, and a capital race-track where fleet-footed runners are wont to test their powers, while every attraction of sylvan beauty is here to be found. Badger's Park was opened in April, 1872, and has since remained a most favorite place of resort. Melrose. — This station is situated about two miles from Brooklyn (East Oak- land), and in close proximity to it is Clark's Landing, while two miles farther south is Damon's Landing. Melrose, however, is noted for once having been possessed of a fine rope-walk, the property of the Pacific Co'rdage Company, whose buildings are now in disuse; and it is the site of the Castle Dome Smelting Works, and the Pacific Reduction Works. Here, too, was established the works of the Pacific Drain Pipe Manufactory, an enterprise that has moved to a more congenial locality. Castle Dome Smelting Works and Refinery. — These works, located at Melrose, were commenced in the year 1870 by Judge Shearer, on a parcel of land purchased from Colonel Simpson, but before the buildings were completed they had passed into the hands of Whittier, Fuller & Co., who finished them. Two years there- after they were disposed of to George Hopkins, who, in three years, sold out to the Anglo-California Bank. They then passed into the hands of Doctor Zieler, who con- ducted them for about two years, and, in 1879, they were acquired by the Castle Dome Smelting and Refining Company, with W. P. Miller, President, by whom the enter- prise is now carried on. Here all ores may be smelted and refined; those chiefly being used at present are, lead, silver, etc. Pacific Reduction Works. — This enterprise, for the reduction of gold and silver ores, is located at Melrose, and is owned and operated by H. C. Clark. The works were built in 1876 by Mainham, Cushtrel & Bandmann, and conducted by them until 1 88 1, when they were purchased by the present proprietor. Fitchburg. — This like Martin Chuzzlewit's Eden, is simply a town of the future,, at present it has only a prospect. Near to it is what was known as the Pacific Race- track, while it is favorably situated as regards Damon's Landing. Cotton and Jute Manufacturers. — In the year 1865 Col. William H. Rector, with three of his sons, erected a cotton-mill on the estuary connecting Lake Merritt with the San Antonio Creek in Brooklyn Township, with a producing capacity of forty thousand yards of goods per month. They soon enlarged their works by adding- a set of woolen machinery, but, after about two years' operations, the gentlemen con- Brooklyn Township. 431 ceived the idea of manufacturing grain-bags from jute, there being at the time a very large and permanent demand for such goods on the coast, as all the grain of the country, instead of being stored in granaries as in other parts of the world, was stacked in sacks at the thresher in the field where it was cut. In this enterprise the Messrs. Rector were entirely successful. After two yeans of untiring industry and perseverance a factory was set in motion with a producing capacity of fifteen niillion bags per annum, a sufficient advance that warranted the doubling its capacity, and which was duly effected three years afterward. This establishment has been in operation some thirteen years, and in that period has produced about four hundred millions of bags, found employment for many men, and use for many hundreds of thousands of dollars. As a benefit to the country at large it shows that at the time of beginning operations bags were selling in the market at from fifteen to eighteen cents; that they were able to hold the market subject to their will and gradually reduce the price to nine and eleven cents. The manufacture of jute bags has now become one of the permanent institutions of the country, and not- withstanding the Messrs. Rector have retired from the business to more quiet pur- suits in life, they have left their foot-prints in the progress of the country and a name which will long be remembered by those who have been benefited by their enterprise and genius. In this regard, we may mention that, as we go to press, the Evening Tribune of May 9, 1883, has the following: "The jute-mill at East Oakland, which has been closed during the past six months, is to be re-opened and placed in active operation within the next thirty ddys, under the management of Superintendent Robinson, late of the San Quentin jute-works. Mr. Robinson states that the mill and machinery, which originally cost two hundred and eighty-five thousand dollars, were bought by the company which he represents, for one hundred and five thousand dollars, and it is their intention to operate on a capital stock of one hundred and twenty-five thousand dollars, seventy-five thousand dollars of which has been subscribed in San Francisco, principally by prominent dealers in grain-bags, and capitalists. As the works are to be located in this city, an opportunity will be given Oakland capital to invest to the amount remaining unsubscribed; and Mr. Robinson yesterday interviewed Mayor Martin, E. C. Sessions, Dr. Merritt, and other prominent citizens interested in manu- facturing enterprises, in regard to the matter. The mill, Mr. Robinson says, will employ four hundred hands, all of which are to be white men, Chinese labor in every form to be discarded entirely. Two hundred of these employes, including a large number of skilled workmen, are on their way from the Eastern States, and the remaining two hundred are to be hired in this city. Mr. Robinson is himself thor- oughly experienced in this kind of manufacture, and gave the San Quentin works their first impetus. He is enthusiastic in his plans, and predicts eminent success for the enterprise." 432 History of Alameda County, California. EDEN TOWNSHIP. GEOGRAPHY. — Eden Township is bounded on the north by Brooklyn Township and Contra Costa County; on the east by Contra Costa County and Murray Township; on the south by Washington Township; and on tlie west by San Francisco Bay. Topography. — The western portion of the township, namely, the plain stretching from San Leandro Creek on the north to Alameda Creek on the south, is a beautiful tract of level country some four miles wide, whose area is covered with orchards and fields, the fore-shores being marsh-lands; while its back or eastern portion comprises the Contra Costa Range, with the lesser undulating foot-hills. Eden Township has an area of about sixty thousand acres. Valleys. — The principal valley in the township is the Castro, which lies a little north of its center, and its opening to the plain being at Haywards. Besides this there are the Cull, Crow, Eden, and Polomares Canons, all beautiful little glens sur- rounded by mountains offering rich pasturage to the stock-raiser. Streams. — Eden Township is watered by the San Leandro and San Lorenzo Creeks, the former of which, rising in the San Antonio redwoods, Brooklyn Township, supplies the great reservoir of the Contra Costa Water Company — Lake Chabot — situ- ated about two miles from San Leandro, and flowing thence is distributed through that town, as well as the whole city of Oakland, about twelve miles distant, and finally flows into the San Leandro Bay. The San Lorenzo Creek has its source in the Contra Costa Range near the county line, and, after flowing through Cull Canon, joins its waters with those of the small streams from Crow, Eden, and Polomares Canons, and thence lazily finds its tortuous way through the plain, finally emptying itself into the bay at Roberts' Landing. These two streams being never entirely dry, even in the severest years, a constant supply of water is ever to be had. In addition there are the small estuaries known as Mulford's Canal, at Wick's Landing; the Estudillo Canal, a little farther south; the San Lorenzo Canal at Roberts' Landing; Barron's Landing; and Eden Landing, which is entered from the bay by the mouth of the Alameda Creek, and reached by a serpentine creek or slough to the landing proper. Climate. — The climate of Eden Township bears a strong resemblance to that of other portions of the county lying at the base of the Coast Range, with perhaps the exception that the keen winds that sweep through the Golden Gate are not so harshly felt here as at Oakland and the northern end of the county. That its climate is much sought after is amply exemplified in the fact that Haywards is yearly becoming more distinguished as a sanitarium,, while the vastness of the fruit yield proves the geniality of its temperature. Eden Township. 433 Soil. — The soil of this section of the valley is not to be surpassed anywhere in the known world, while by the annual overflow of its creeks and sloughs, with the yearly deposition of sediment washed down from the mountains or brought in by the spring-tides from the bay, it is periodically being enriched, It is impossible to pick out one place more than another where Nature has been particularly beneficent, but if that place does exist, it is in the vicinity of San Lorenzo, and on the magnificent farm of the late William Meek, whose acre after acre of fruit-trees are a marvel to behold. PRODUCTS.^The agricultural and horticultural resources of Eden Township, which first gave it its name, are almost fabulous, while its general industries may be briefly stated to be fruit-culture, farming, stock-raising, manufactures, salt-making, and coal-mining. Chief of all these, however, is fruit-raising, and the orchards of Messrs. Meek, Lewelling, Leonard Stone,' Lysander Stone, Blackwood, Marlin, Jessup, Baker, etc., have reputations far beyond the borders of California. It is only by personal observation that the magnitude of this industry may be appreciated, while the immense area devoted to fruit trees gives one the idea of a vast forest rather than the simple orchards of private gentlemen. Every portion of the township appears to be adapted to the cultivation of fruits, vegetables, and grain, while the higher ranges are eminently suitable for the rearing of stock, yet this branch has been by no means made a specialty in the township. Although not so extensively manufactured in Eden as in Washington Township, still the manufacture of salt is in nowise of minor importance. The principal locality where it is made is Mount Eden, where there are the establishments of Richard Barron and John Johnson, while in the vicinity of San Lorenzo is the place of D. Pestdorf Mexican Grants. — Eden Township embraces within its boundaries the lands of five Mexican Grants, viz., the Sobrante, which has been for so many years in dis- pute, it being situated in the northeast of the township; the EstudiUo, or San Leandro, granted October i6, 1842, and patented July 15, 1863; the Castro, or San Lorenzo, on the east, granted February 23, 1841, and patented February 14, 1865; the Soto, or San Lorenzito, on the west, granted October 10, 1842, and patented April 14, 1877; and the Vallejo, or Alameda, on the south, granted August 30, 1842, and patented January i, 1858. Early Settlement. — It is on record that the first settlement in Eden Town- ship was made in the year 1836, by Don Jos^ Joaquin Estudillo, and in that section of the county did he reside until his death. He was a Californian by birth, and on January 8, 1837, petitioned the Constitutional Governor of the Department of California for a grant of a tract of land in the said department known as the arroyo de San Leandro, but this document having either been lost or mislaid, a second petition was forwarded to that official on June 28, 1842, in which Sefior Estudillo states that "in order to procure his subsistence and enable himself to support his large family, con- sisting of a wife and ten children, after having served in the army seventeen years, four months, and seven days, on the eighth day of January, eighteen hundred and thirty- 434 History of Alameda County, California. seven, he petitioned for the tract of land known by the name of arroyo de San Leandro, containing four square leagues from east to west, and having obtained from Your Excellency, who extends a generous and protecting patronage towards the inhabitants of this land, permission to settle himself and continue his labors; meanwhile the proper legal proceedings thereupon should be concluded, which he has accordingly done;" etc. In view of the petition Don J. J. Estudillo was declared by Governor J. B. Alvarado to be the owner in property of the part of the tract of land known by the name of "San Leandro," bounded "on the north by the arroyo of San Leandro; on the east by the places where the waters from the springs on the lands which the Indians who are now established there occupy, waste themselves; thence on the south side, in a direct line to the arroyo of San Lorenzo, without embracing the lands which the said Indians cultivate; and on the west by the bay." It will thus be seen from the foregoing that the Estudillo family had lived on the land which was afterwards granted to them for a considerable number of years. In the year 1837 he built a house about two miles from the town of San Leandro, on the creek of that name, towards the lower part of the land.' He afterwards mOved farther up the creek, where the town of San Leandro now stands, about three quarters of a mile from the site of his original location. On January 14, 1 840, the Governor of the Department of California made the following order: " Don Guillermo Castro can establish himself upon the place called San Leandro, on the parts towards the hills, without passing beyond the line from north to south, formed by the springs on said place, not being permitted to make his fields in whatever part of all the land of ' San Leandro; ' this concession being under- stood provisionally until the governor may settle the boundaries which belong to Senor ]os6 Estudillo, who is actually established on the said site, and without prej- udice to the Indians living thereon." Thus we see the second settlement in Eden Township. He built his residence where now is the town of Haywards. The ,next Hispano-Mexican family to locate was that of the Sotos, who built their adobe residence on a part of what is now the Meek estate, where che house stood for many years, but was eventually razed to the ground, its position being at present occupied by a Portuguese tenant, about half a mile southeast from Haywards. Prior to the settlement of these families the district was occupied by the cattle of the mission of San ]os6, and, from the year 1829, had in certain portions been in the possession of Christianized Indians of that establishment. In 1841 or 1842 there was an Indian named Sylvester, on the San Leandro Rancho, who had residing with him, besides his own family, his brother Annisetti. They occupied an adobe house built by Don J. J. Vallejo, who was administrator of the Indians, and where they had some three or four acres under cultivation, chiefly watermelons and corn, the ground for which they turned up with sticks; besides these there were some others on the other ranchos, while a Californian named Bruno Valencia, dwelt under permission of Estu- dillo and Castro on the bank of the San Lorenzo, not far from the bay. It may be stated that at this period there was a so-called road through this territory to San Jos4 which had three crossings over the San Lorenzo: the Paso Viego, the Paso del Ramedero, and the Paso fiel Puente, and at the first of these during the summer months the Indians were wont to camp in a grove of willows and sycamores. Eden Township. 435 Let us now see what became of these pioneers. Don Jos^ Joaquin Estudillo died June 7, 1852. During his life he had filled many high offices in the gift of the Mexican Government. In his last will and testament, which bears date April 4, 1850, he declared that he was married in the year 1824 to Donna Juana Maria Del Carmon Martinez at the Presidio of San Francisco, by whom he had six sons and five daughters. Of these nine were alive at the time of his death. A large portion of the Estudillo lands have passed into the hands of foreigners, but the family still retain a fair share of the patrimony. Upon the establishment of the county seat at San Leandro, they made many concessions towards retaining it there, while their res- idence was at one time occupied as the Court House. Many years ago Guillermo Castro, having lost his possessions, went to South America, and there died. His son, Luis Castro, has since gained prominence as County Surveyor of Alameda. And of the Soto family we may also say that the land which knew them once knows them no more. Prior to the epoch of the discovery of gold at the mill of Captain Sutter, these were the only residents in Eden Township, and we can learn of but one foreigner that, anterior to this time, had attempted to locate himself permanently within its confines. In the year 1845 the late James Alexander Forbes, who died in East Oak- land a few years ago, was authorized by Bezar Simons, at the time Captain of the American ship Magnolia, to purchase a tract of land for him on the Bay of San Francisco, and just before his departure from the port both the Captain and Mr. Forbes crossed the bay in a ship's boat to San Leandro to see if the purchase of the rancho could be effected from Estudillo, who, however, was averse to sell. He declined the offer of ten thousand dollars made by Simons, stating that he would not take double the sum, as he wanted it for his family, and thus the master of the Mag- nolia was obliged to give up these fair acres, the acquiring of which would to-day have made him or his heirs among the wealthiest landed proprietors in the country. Subsequent to this, we have been informed, John B. Ward, who had married Melina Concepcion, eldest daughter of Don J. J. Estudillo, took up his abode in the township, but in what year we cannot state. We have heretofore made mention of the immense quantities of wild-fowl that then made the sloughs and marshes their home. These brought almost fabulous prices in the first and palmiest days of San Francisco in the markets there, and many of those men who had occupied their time during the summer months in the mines, turned their attention in winter to killing game for the city commission merchants, and positively made more money in this way than they did at gold-digging. It was in the search for game that the first settlers came to Eden Township. 1849. — In the month of December, 1849, there crossed the bay in a whale-boat, with baggage and guns, Thomas W. Mulford and Moses Wicks, both still residents of the township; the late A. R. Biggs, of San Francisco; E. Minor Smith, the present and for many years past Assessor of Alameda Township; and W. C. Smith, who, landing on the shore in the vicinity of the Estudillo mansion, there pitched their tent and commenced a war upon the feathered denizens of the marshes. At this date Mr. Mulford thinks there was no permanent foreign settler, and no houses save those 4:3() History of Alameda County, California. of the Spaniards mentioned above, an Indian hut where the graveyard at San Lorenzo now is, and an Indian rancheria on the site at present occupied by the County Hospital. This party dwell in a tent pitched on the shore, and in the spring of 1850 erected a " ten by twelve" cabin which was used as a cook-house, subsequently adding a chim- ney thereto of brick taken from a pile which had been thrown into the bay — the refuse of those us'ed in the construction of the new Estudillo house. The cabin stood on the margin of the bay in close proximity to Mr. Mulford's residence, but its site has long since been washed away by the rolling surf of the bay. In the spring of 1851 the dwelling-tent gave place to a cabin, and there it remained on the original location until 1876, when it was bodily removed to its present position among Mr. Mulford's farm-buildings, it being used as a blacksmith-shop on his premises. That winter, and also in quest of game, another party located at the mouth of the San Leandro Creek, consisting of Bob Smith, Steve Smith, a Mr. Solomon, and some others, but we do not learn that they ever did more than hunt in the locality. 1850. — In the spring of 1850 we hear of a field of wheat, about ten acres in extent, put in by Senor Estudillo and some Sonorians, which gladdened the eyes of the few Americans then roaming about the district. This green oasis amid the apparently sterile region is described to us as having been at the lower end of Lewel- ling's place near the Hay ward's road, where the Sonorians aforesaid also had a dwell- ing. But this was by no means the first cultivation of the cereals in Eden Township, for the Spaniards, we have already remarked, sowed wheat, planted corn, and raised watermelons on their first taking possession of their grants, but only in sufficient quantities to provide for their own households. In the will of Don J. J. Estudillo) which we have already quoted as having been signed in this year, he says: " I declare that I leave at different places on the rancho three fields sown in barley, in company with Don Guillermo Davis — one with Mexicans, .and another with Sonorians (pos- sibly the field of which Mr. Mulford speaks) — of which contracts exist, written agree- ments signed," etc. In addition to this branch of, agriculture the industry of stock- raising was still prosecuted with energy, there being on the Estudillo Rancho alone, in 1850, three thousand head of cattle, more than that number of sheep, and fifty horses of all classes. In the month of October, 1850, Captain William Roberts came to the township and established himself at Roberts' Landing, then known as Thompson's, whence he commenced freighting with small craft to different points along the bay. His suit was soon after followed by Captain Chisholm. 1851. — In the fall of 1851 William Hayward came to the township and first located on what he had been told was land belonging to the Government in Polo- mares Caiion, but which he was quickly informed was the property of Guillermo Castro, who, however, suggested his removing farther down the valley. This he did^ and early in the following year, 1852, located on the land now occupied by A Street, Haywards, immediately in front of his hotel, and there erected the first building in the flourishing town that bears his name. Eden Township. 437 1852. — During this year the squatters took possession of the entire plain, and what is now San Lorenzo was known as Squatterville. They found their chief attractions apparently on the Estudillo Rancho, for it was to that portion of the township that their attentions were principally turned. The rancho was believed to be Government land, and it was not until after years of litigation that the squatters were disabused of this belief Among those who had taken possession of part under such an idea was one Franklin Ray. He had erected a dwelling-house in the vicinity of San Leandro, on the land now occupied by R. S. Farrelly, and on being warned off, refused, when, on March 21, 1852, the owners of the rancho tore down the building, to recover the value of which, namely, three hundred dollars, he brought suit. This was only one of many cases of the same nature. With this great influx of people came many of those whose names are now among the most honored in the county. There were Robert S. Farrelly, William C. Blackwood, Messrs. Crane, Kennedy, McMurtry, Campbell, Harlan, and Johnson. They were followed in 1852 by Fritz Boehmer, Charles Duerr, William Field, George Meyer, Alexander Patterson, Joel Russell, and John Johnson, who all settled in the vicinity of Mount Eden, which up to that time had been entirely unoccupied. As having located in the township in 1852, there are the names of Peter Olsen, John W. Jamison, Alexander Allen, and Liberty Perham, all good men and true, indeed, it may be said that with this year Eden Township had its commencement; it then fell into the channels of trade in which it runs to-day. It is thought that in this year GuiUermo Castro made the first step in the down- ward path leading towards loss of lands and eventual poverty. We, learn that he took with him a sum of ready money amounting to about thirty-five thousand dol- lars to the southern counties, wherewith to purchase new stock, intending to drive them northward to his rancho, but, alas for frail humanity, he succumbed to the voice of the tempter and frittered his money away in card-playing, the plague-spot upon' every native escutcheon. The consequence was that he made not the intended, pur- chases, but returned without the "new blood," the infusion of which into his old stock that was so much needed, and eventually, in 1856, he was compelled to mortgage his estate. Piece by piece the lands were brought to the hammer, and finally, in 1 864, they passed entirely into the hands of the late Faxon D. Atherton, of Menlo Park, San Mateo County, who gave Castro thirty thousand dollars for them, with which amount he went into a self-inflicted exile in South America. 1853. — The year 1853 is memorable as that in which the county of Alameda was created, and the establishment of its capital in Washington, the contiguous town- ship to that now under consideration. Among the gentlemen who made their homes in Eden in this year are Henry Smyth, George S. Meyer, Tim. Hauschildt, David S. Smalley, Joseph De Mont, J. F. Elliott. In a conversation held with the two last-named gentlemen, they informed us that when they came in the summer of that year they found the land now occupied by R. S. Farrelly in the possession of Franklin Ray, while there were in the vicinity John Huff and William Mahoney; E. D. Mann resided on the property now owned by John B. Ward and the estate of John Mathews, Thomas W. Mulford, Moses Wicks, Will- 438 History of Alameda County, California. iam Smith, and E. Minor Smith were near the bay, and Emerson T. Crane on the San Lorenzo Creek. 1854. — The chief event in 1854 was the surveying of a town site at what has since become Haywards, under the directions of Guillermo Castro, a sign that the residents were beginning to look for nearer means of purchasing suppHes than Oak- land, San ]os6, or San Francisco. In this year the number of citizens was aug- mented by the arrival of Supervisor J. B. Marlin, Joseph H. Taylor, Frederick Schweer, Jacob Schilling, and of course many others whose names we have been unablq to gather. From this year onward to the present time the growth and prosperity of Eden Township has been wonderful. In the next decade the population increased many fold. The names of those arriving which we have been able to gather are as follows: in 1855 — Richard Barron, Joseph Graham, Josiah G. Bickell; in 1856 — William Knox, Otis Hill, Frederick Wrede, John Wille, Conrad Liese, Ferdinand Schultz; in 1857 — W. T. Lemon; in 1858— Maas Lueders, W. H. Miller; in 1859— Watkin W.Wynn; in i860 — N. D. Dutcher, John W. Clark; in 1861 — ^Frederick Brustgrun, A. P. Rose; in 1862 — Duncan Sinclair, O. W. Owen, A. W. Schafer; in 1865 — E. B. Renshaw, and, naturally, hundreds besides. He who journeyed from old San Antonio thirty years ago would have found between that spot and the Mission San Jos6 only about four houses, residences of the then lords of the land, while the valley itself was in a state of nature, without a furrow in the soil, but thousands of cattle roaming over it and "upon a thousand hills!" Behold the scene now ! Upon the beautiful hills flanking it on the east, and all over the valley itself, are magnificent, wide-spread fields, in a high state of cultivation; elegant mansions and handsome cottages; meadows, orchards, and vineyards; schools and col-- leges, and numerous churches, whose spires pointing heavenward seem on fire in the blaze of the declining sun. Towns and villages, beautiful San Leandro, San Lorenzo, Haywards, and Mount Eden, all enveloped in a wealth of splendor. Indeed the progress of this State of ours has been a marvel, and in no portion of it has its advance been more rapid than in Eden Township. Haywards. — This beautiful town is situated in the undula ting foot-hills of the Contra Costa Range at the rnouth of Castro Valley, and having a considerable alti- tude commands a view of unsurpassed loveliness over a large extent of territory. Its splendid climate has been the cause of its rapid growth and prosperity, and each year brings to it a larger influx of visitors than the last in search of health and relax- ation. A residence at Haywards during the summer months is especially enjoyable its environs being beautiful, and its air health-giving. It is but fourteen miles distant from Oakland, with which it is connected by rail, and is therefore within easy access of San Francisco. Haywards is located on the San Lorenzo Rancho, whose proprietor, Guillermo Castro, had his residence within the town limits, and who, in 1854, had a town site surveyed and platted there. It takes its name, however, from its first American set- tler, William Hayward. That most courteous and favorite pioneer informed us that after leaving the Polo- Eden Township. 4:39 mares Canon he came to the present site of Haywards and pitched his tent in the early part of the year 1852, on a position over which now passes A Street, and mid- way between his present hotel and the house opposite, which he has amalgamated with it. The location was about forty rods northwest from the residence of Castro, which, it may be mentioned, was destroyed by the great earthquake of October 21, 1868, He there engaged in farming, having purchased some kine from the late James B. Larue, who had a milk-ranch near Mission Dolores, San Francisco, and, opening a small store, with improvised hotel accommodation in connection therewith, was the actual pioneer of the town. During this time he still dwelt in his tent. In the fall of 1852 he erected about thirty feet of his present long house, and as travel increased, for the stage from Oakland to San Jos^ changed horses here, the popu- larity of his hostelry went upwards, and in 1854 he was cpmpelled to make an addi- tion by putting a front to the building, while it may truly be said that additions have been made continually ever since. Late in 1852, or early in the following year, two houses were erected by Joseph Worrell and some Sonorians, near where Wolf's store now stands, and a little later, close to these, on B Street, a blacksmith shop was opened by Mr. Finch, who is still a resident of the town. About the year 1855, a school house was erected on the land now .occupied by J. C. Strobridge, where it remained until 1864, when it was moved into the town; and prior to the year 1 861, when the Congregational church was built, divine worship for all denominations was held in Hayward's Hall. Since that time the town has increased most rapidly, while its well-kept streets, beautiful buildings, and general thrifty appearance are a credit to its inhabitants. 1876. — On March 11, 1876, the town of Haywards was incorporated under the laws of the State, with the following boundaries: "Beginning at the westerly corner of J. W. Bolce's land, and immediately on the northeasterly line of the County Road from Haywards to San Leandro; thence along Bolce's northwesterly line to a point •on the left or southerly bank of San Lorenzo Creek; thence following up the mean- derings of the left or southerly bank of said creek to the line dividing the land of M. Creery and J. W. Webster; thence southeasterly along said dividing line to the north- erly line of the County Road; thence across the County Road to the northwesterly ■corner of Correia's land; thence easterly along said Correia's land to the northeasterly corner thereof; thence southerly along said Correia's land to the northeasterly corner of Thompson's land; thence southeasterly along said Thompson's land to the north- erly line of Cemetery Avenue; thence westerly along the northerly line of said avenue to a point where the easterly line of N. Rasmusen prolonged intersects the same; thence southerly along the southeasterly line of said Rasmusen's land to the easterly ■corner thereof; thence westerly along the southeasterly line of Ra.smusen, Collins, and Pimentel, to the northeasterly corner of Pell's land; thence southerly along Fell's land to the southeasterly corner of the same; thence southwesterly to the southeasterly corner of land of Stroble and Neudeck ; thence westerly along Stroble and Neudeck's line to a point where it is intersected by the westerly line prolonged of Saint Joseph •Cemetery, thence southerly along the northerly line of said cemetery to the northerly 440 History of Alameda County, California. or right bank of Sanjon Creek; thence following down the northerly or right bank of said Sanjon Creek to the easterly line of the County Road from Haywards to Mount Eden; thence easterly along the easterly line of said road to a point opposite the northeasterly corner of J. M. Alexander's land; thence northwesterly, crossing said road, to the last-mentioned corner; thence southerly along the westerly line of said road to the southwesterly line of the Central Pacific Railroad's right of way; thence along the southwesterly line of said right of way to a point where the same is inter- sected by the northwesterly line of Haywards Avenue; thehqe northeasterly along the northwesterly boundary of Laurel School District; thence northerly along said bound- ary to the place of beginning." The government of the town, which was incorporated as Hayward* was vested in a Board of five Trustees, an Assessor, Clerk, Marshal, Treasurer, and Justice of the Peace; and on May 8th the first Board of Trustees met, when the oath was administered to John Manzer, J. D. Austin, Joseph Pimentel, T. A. Cunningham, and L. Linekin, as Trustees; John Wootten, Assessor; W. W. Allen, Clerk; George H. Horn, Marshal; George Brown, Treasurer; Samuel Wootten, Justice of the Peace. Mr. Manzer having been chosen President and Joseph Pimentel Clerk pro tern., the proper committees were appointed, and an ordinance passed fixing the amount of the official bonds of the town officers, regulating licenses, and appointing place of meeting, the time being fixed on the 12th May as the first Tuesday in each month. On this last date the Trustees passed a resolution that a survey of that part of Haywards as is included in the map of Castro, recorded in the Clerk's office in 1856, should be made, the map of this survey being adopted on January 6, 1877. At the meeting of the Board, held at the Planter's House on June 9th, it was directed that plans for a jail should be procured, and the purchase of a place whereon to build it was reported consummated on July 14th; while, July 28th, it was ordered • that Mr. Mastick be employed to prosecute the suit brought by the Board of Trustees for a title to the plaza. On the [7th November, Castro Street, between Pierce and Webster Streets, was ordered to be graded, and on December 22d the like work was directed to be proceeded with on Calhoun Street, between Castro and Main Streets. 1877. — On May 7th of this year the annual election of town officers was held with the following result: John Manzer, T. A. Cunningham, J. D. Austin, L. Linekin, Joseph Pimentel, Board of Trustees; Alexander Allen, Assessor; W. W. Allen, Clerk; George H. Horn, Marshal; George Brown, Treasurer; William Whidden, Justice of the Peace; while, at this date, Luis Castro was acting as Engineer and Surveyor, and, on July 2 1st, the municipality adopted a town seal. On August 3d, Asa Collins being Chief Engineer of the Fire Department, Hook and Ladder Company, No. 2, tendered their impedimenta to the toWn, provided that it would become responsible for the debts of that corps, amounting to about thirty- five dollars, which was duly accepted. On the 7th September, Castro Street, between Webster Street and the Mount Eden Road, was ordered to be graded ; on October 1st the municipal tax for the year 1877-78 was fixed at fifty cents on each one hun- dred dollars' worth of property, and on the Sth of the same month Joel Russell was appointed to be Town Attorney. * The Post-office is officially called Haywood. ^', ' *;'^fi Eden Township. 441 1878. — On the 8th of February the following thoroughfares were ordered to be graded: B Street, between Main and First Streets; First Street, between B and C Streets; and C Street, between First and Main Streets. The right to lay water-pipes through the town was granted to Joseph Pimentel on March ist, for a period of twenty years; while, May 6th, the following officials were elected: H. F. Larrabee, William Brown, H. Strong, L. Linekin, John Hunt, Board of Trustees; George H. Horn, Mar- shal; Julius Volkerts, Clerk; Charles Puff, Assessor; B. Haas, Treasurer; William Whidden, Justice of the Peace. June 7th, Pierce Street, between Castro Street and the line of William Meek's land, was ordered to be graded and macadamized; on the 7th October the municipal tax was fixed at thirty-five cents on each one hundred dollars' worth of taxable property; and on November 15th, William Hayward was elected Justice of the Peace for the town. 1879. — At the meeting of the Board of Trustees, held January 3d, provision was made regulating the building of dwelling-houses, stores, etc., having stove-pipes pass- ing through the roof, within certain limits; on February 19th it was decided to grant quarterly licenses to auctioneers; and, on the 28th of the same month, it was ordered that a tax of one dollar upon every male, and two dollars upon every female dog in' the town should be levied, while all dogs found at large without "tags" were directed to be impounded under date March 7th. On April 4th a Board of Health was created and the following appointments to it made: Doctor Smith, F. Hinckley, Mr. Thorndike, Ch. Hermann, and John Paine. On the same date William Brown, D. Salmon, and Ch. Winter were appointed Fire Commissioners; and on May Sth the following corporation officers were elected: L. Linekin, William Brown, H. F. Larrabee, John Walpert, T. A. Cunningham, Board of Trustees; George H. Horn, Marshal; F. M. Dallam, Clerk; G. Brown, Treasurer; — Woodman, Assessor; William Hayward, Justice of the Peace. On May 19th it was directed that the meetings of the Board of Trustees should thenceforward be held on the first Saturday of each month in the American House ; and on the 24th, D. S. Smalley and George C. Baxter were appointed Fire Commis- sioners. On June 7th, J. D. Austin was chosen Justice of the Peace; on the 9th, Joel Russell was appointed to the duties of Town Attorney; and on the 21st the purchase of a fire-engine was ordered. August Sth, according to the financial statement of the Town Treasurer, the balance in the treasury was one thousand seven hundred and seventy-two dollars and ninety-seven cents. Under date September 13th we find the 'appointment of R. H. Goodwin to the office of Town Surveyor, vice Hinckley,, resigned; on the 6th of October the municipal tax was fixed at twenty-five cents on each one hundred dollars' worth of taxable property; while, December 20th, certain citizens petitioned that an ordinance should be passed in regard to boys under eighteen years of age being on the streets and in saloons after night, a curfew enactment being made accordingly. 1880. — On January 5th a new fire organization was established, the town being, on June 2d, divided into four fire districts. On the i6th, Hayward Fire Company, No. I, gave its apparatus and building to the corporation; while, July 7th, the foUow- 29 442 History of Alameda County, California. ing Fire Commissioners were appointed: First District, D. Salmon; Second District, P. Keating; Third District, George C. Baxter; Fourth District, Charles H. Barnes. The municipality elected on May 3, 1880, consisted of L. Linekin, L. H. Brown, John Walpert, William Brown, D. Luce, Board of Trustees; Charles Puff, Assessor; F. M.' Dallam, Clerk; George Brown, Treasiirer; George H. Horn, Marshal; J. D. Austin, Justice of the Peace; the day of their meeting being changed, on May loth- to Wednesday evening. 1881. — At the election of town officers, held on May 4, 1881, the following officials were chosen: L. Linekin, William Brown, D. Luce, John Walpert, William Hay ward. Board of Trustees; A. R. Hale, Assessor; F. M. Dallam, Clerk; A. H. Trueworthy, Marshal; L. H. Brown, Treasurer. Upon receipt of the intelligence of the death of President Garfield, the Board of Trustees, in meeting assembled, passed the following condolatory resolutions: Whereas, The Nation is bowed down in grief and anguish at the death of our greatly honored, respected, and beloved President, James A. Garfield, who was cut off in the very prime of a grand and noble life, and upon the threshold of an administration that was bright with the promise of peace, happiness, and prosperity to the whole people, irrespective of section, party, or race; a misfortune brought about by the venomous attack of a cowardly assassin, who, in striking the representative of the people, has smitten the very heart of the Republic. And Whereas, It has been ordained through a proclamation, issued by Governor Perkins, that the People of the State of California shall show their respect for the departed President by assembling at their respective places of worship on Monday, September 26, 1881, the day designated for the funeral ceremonies, then and there to join m appropriate services. Therefore be it Resolved^ That we, the Board of Trustees of the town of Haywards, recognizing the irreparable loss sustained by the death of our Chief Executive, take this means of expressing our heart-felt sympathy and grief in this their hour of darkness and affliction, to the aged and gray-haired mother, the heroically-devoted wife, the orphaned children, and to our fellow-men. Resolved, That we suggest to the citizens of Haywards the propriety of closing all places of business on Monday, September 26, 1881, and observing it as a day of humiliation and prayer. Resolved, That as a token of respect to the memory of the deceased the Town Hall be appropriately draped in mourning for thirty days. On October 3d the municipal tax for the year 1881-82 was fixed at thirty cents on each one hundred dollars' worth of taxable property, and November 2d certain citizens petitioned that the Sunday Law should be enforced. 1882. — On the 3d of May the following gentlemen were chosen the municipal officers for the year: J. T. Dille, L. Linekin, Asa Collins, George A. Goodell, Chris. Meyer, Board of Trustees; A. R. Hall, Assessor; F. M. Dallam, Clerk; A. H. True- worthy, Marshal; L. H. Brown, Treasurer; J. D. Austin, Justice of the Peace. The tax for the year 1882-83 was regulated on the nth October, and fixed at forty cents on each one hundred dollars' worth of taxable property; while, December 6th, George A. Oakes was appointed Town Clerk, in the place of F. M. Dallam, resigned. 1883. — On February 7th of this year a franchise was granted to bring water through the town of Haywards, from Tuolumne River, by the Tuolumne Water Company, this being the last item in the records when they were most courteously placed at our disposal. Eden Township. 443 The population of Haywards is about twelve hundred, and although it is not a manufacturing center, its busy streets and handsome stores speak well for the people and the town. It has three churches — a Congregational, a Methodist, and a Catholic, histories of which we have been unable to obtain; while its school is in a most flour- ishing condition, and the building an ornament to the place. The hotel accommoda- tion is first-class, and its two newspapers — only one of which is printed in the town — have a considerable circulation in the surrounding district. Alameda Encampment, No. 28, I. O. O. F. — This Encampment was originally instituted in Alvarado, April 4, 1868, and organized by H. C. Crowell, of San Fran- cisco, with the following charter officers: E. H. Dyer, C. P.; E. Dyer, H. P.; D. C. Owen, Scribe; M. W. Levy, S. W.; D. S. Smalley, Fin.; J. Sulz, J. W. On Novem- ber 28, 1868, they removed to Haywards, where it has since remained. The present membership is thirty-seven, while the officers for the current term are: Henry Mein- enger, C. P.; George W. Frick, H. P.; G. A. Goodell, S.; C. Sanderson, S. W.; L. Linekin, T.; P. J. Christensen, J. W. The lodge, which is in a flourishing condition, meets on the second and fourth Thursday of each month, in Odd Fellows' Hall. Sycamore Lodge, No. 129, I. O. O. F. — This Lodge was organized on October 30, 1866, by District Grand J. N. Randolph, with the following charter members: A. L. Fuller, William Knox, William Meek, Willijm Roberts, William C Blackwood; and with these gentlemen as charter officers: A. L. Fuller, N. G.; William C. Black- wood, V. G.; William Meek, Treasurer; William Roberts, Rec. Sec; William Knox, Per. Sec; A. L. Rockwood, Warden; J. W. Josselyn, Con.; David S. Smalley, I. G.; G. E. Smith, R. S. N. G.; Joseph Graham, L. S. N. G.; J. M. Costigan, R. S. V. G.; George Brown, L. S. V. G. The Lodge at once became popular, and, at its second session, no fewer than nineteen names were added to the roll. The present membership is ninety-six, and the following are the officers for the current term: Daniel Chisholm, P. N. G.; Thomas Hellar, N. G.; H. H. Hamer, V. G.; B. F. Thomas, Rec. Sec; C. Christensen, Per. Sec; G. A. Goodell, Treas. The financial condition of the Lodge is most excellent; and it meets every Monday night in Odd Fellows' Hall, a large two-story building, erected on Calhoun Street in 1868, at a cost of seven thousand five hundred dollars. It was dedicated with proper ceremony, April 30, 1869, the evening being wound up with a grand ball. Haywards Lodge, No. 18, A. O. U. W. — This Lodge was organized January 19, 1878, with the following charter members: J. D. Austin, F. F. Allen, W. W. Allen, J. G. Cooper, Asa Collins, F. M. Dallam, F. C. Jessup, Rev. S. Kinsey, M. C. Hamer, Charles Prowse, E. O. Webb, George A. Whidden, D. W. Spoerer, the accom- panying being the charter oflficers: Asa ColLins, P. M. W.; George A. Whidden, M. W.; E. O. Webb, F.; F. C. Jessup, O.; F. F. Allen, G.; F. M. Dallam, Rec; J. G. Cooper, Fin.; James D. Austin, Recr.; M. C. Hamer, I. W.; D. W. Spoerer, O. W. There are at present sixty-seven members on the roll, while the following gentlemen are the officers for the current term: S. L. Cunningham, P. M. W.; A. M. Bullock, M. W.; William Dale, F.; G. P. Carpenter, 0.; J. Brown, Rec; J. C. Baxter, Fin.; '444 History of Alameda County, California. G. A. Goodell, Recr.; A. Bradford, G.; Charles Barnes, I. W.; C. Herman, O. W. Lodge meets every Tuesday evening at Lucas Hall, and is in a flourishing condition. Hercules Council, No. 139, O. C. F. — This Council of Chosen Friends was organized February 17, 1883, with the following charter members: H. M. Federson, A. H. Trueworthy, Chris. Peterson, Axel Seebury, Charles H. Pratt, J. J. Sandholdt, J. E. Wooten, H. H- Sorensen, John Lane, George Reavey, Frank Clark, W. E. Miller, E. Nicholson, P. Keating, H. Frost, C. Hoosen, Mrs. K. Sorensen, Mrs. K. Sandholdt, Mrs. M. Peterson, S. Donaldson. The original officers, who are those at present in in office, are: J. E. Wooten, C. C; P. Keating, V. C. ; C. H. Pratt, P.; Axel Seebury, P. C. C; H. Trueworthy, Mar.; J. J. Sandholdt, W,; F. Clark, G.; J. Lane, S.; H. H. Sorensen, Treas.; W. E. Miller, Sec. Meets every Tuesday night in Odd Fellows' Hall, the Society being in a flourishing condition. The Haywards Weekly "Journal." — This newspaper was founded in 1877, by Charles Coolidge, who, after publishing it about a year, disposed of it to Frank M, Dallam, who conducted it until November 25, 1882. During the management of this last-named gentleman the Journal steadily increased in circulation and influence, while as an advertising medium it has no superior among the interior weekly news- papers of Alameda County. In November, 1882, the plant was purchased by George A. Oakes, who has grown up in Haywards, and is the present editor, publisher, and proprietor. New York Brewery. — This enterprise was started in the month of Septem- ber, 1866, by John Booken and Henry Hulm, under the style of Booken & Hulm, an association that continued about two years, when the interest of the last-named gentleman was purchased by Jacob Denimark, who seceded in 1871. The original premises stood on the site of the present brewery, and occupied a space of thirty by sixty feet. It had a brewing capacity of about ten barrels only. On October 17, 1872, it was destroyed by fire, and the handsome edifice now in use, erected immedi- ately thereafter. It is composed of wood and brick, has a frontage of forty feet on A Street and ninety-six feet on Third Street, and consists of brewing-house, malt-kiln, etc., being complete in all its details. In 1875 Chris. Hermann became a partner in the concern, but in 1881 he severed his connection with it, since when it has been con- ducted entirely by Mr. Booken. The yearly manufacture is from fifteen hundred to two thousand barrels, for which ready sale is found in the surrounding counties. Lyons Brewery — This establishment was built by Charles Lyons, and in 1874 passed into the hands of the present proprietor, L. Palmtag. This is all the informa- tion that could be obtained from the, owner of this establishment, who is evidently one of those individuals that sees in every person armed with a note-book the dreaded tax-collector. Eden Landing — This landing was originally established in the year 1850, by an association of farmers, who called themselves the Mount Eden Company. In Eden Towi^jship. 445 1855 Captain Richard Barron came to the place and erected warehouses, carrying on a considerable business. In 1 860 he put on the steamer Poco 7Vw/o, to ply between this spot and San Francisco. She was succeeded by the Mount Eden, who gave place to the Ellen; after her came the Emma, but finding the carrying capacity of these too limited, he built the present Mount Eden (steam-boat), of seventy-six tons, and a capacity of one hundred and sixty-five tons dead weight, which plies to San Fran- cisco, in connection with the Barron Warehouse only. Near Eden Landing are the Barron Salt Works, where, in the year 1882-83, upwards of a thousand tons of salt were manufactured. Mount Eden. — This is a small village on the road from San Lorenzo and Alvarado, and receives its name from an elevation in the plain on which it is situated, but there is nothing that could by the highest imagination receive the name of a mount. The first settler in the vicinity was John Johnson, the present proprietor of Mount Eden Grove, whither he came in 1852. About a year later the first houses in the village were built, and a store was opened by Mr. Shiman of San Leandro, a house of entertainment being also started by a man named Peterson. Near Mount Eden is Eden Landing, and the salt-works of Captain Barron. In 1853 John Johnson commenced the manufacture of salt in a small way on the marsh fronting on his property, and in 1854 shipped his first load — twenty-five tons — to San Francisco, it being carried in the small coasters that then called at the diflferent land- ings around the bay for the general produce of the country. His salt interest has since grown until now he has two schooners, the Augusta Johnson and Energetic, in the trade, while his annual shipments amount to between fifteen hundred and two thousand tons. Mount Eden Grove. — This is a well-arranged picnic-ground the property of John Johnson, where he has accommodation for visitors; a well-arranged bar, a good dancing-floor, and all necessary comforts. It is a favorite resort for sportsmen in the hunting season, the marshes being the home of wild-fowl in abundance. San Leandro. — This beautiful little town, the former county seat of Alameda County, is distant from Oakland about nine miles from which there is a splendid road, besides direct commlinication by railway. It is situated in the valley on the bank of the creek from which it receives its name and is possessed of so rare a fertility that every kind of produce matures most rapidly. This being the case it is embowered with trees whose wide-spreading branches make it one of the most sylvan retreats in the county. Neat houses, ample grounds, and well-kept gardens testify to the thrifti- ness of the inhabitants, while its wide and clean streets are a credit to its authorities. Such thoroughfares as Ward Avenue, a mile long, leading to the foot-hills are a credit to any place and is such an ornament as would enhance the beauty of a more ancient city. At the commencement of this chapter it has been shown that the first settlement in San Leandro was made by Don Jos^ Joaquin Estudillo, who although he only obtained his grant in 1 842 had resided on the land for several years previous to that date. This family, several, of whose descendants still reside in the town and neigh- 446 History of Alameda County, California. borhood, dwelt there until the time of the American occupation. Their house in 1850 was about the only one on the present town site, indeed, in 1855 there were but three buildings within what are now the incorporated limits of the town of San Leandro, namely, that of the Estudillo family, the same that was burnt in that year; the present Estudillo Hotel, which was erected in the spring of that year; and a saloon and stage station, kept by Charles Ray, which was built, it is thought, in 1851, on the site of the Central Manufacturing Company's premises. The next house to go up was in the winter of 1855-56 by Jim Taylor for Mr. Hirschfeldter who started a store therein, but which he sold at the end of two years to E. D. Block. This building still stands at the corner of Watkins and Ward Avenues. In 1856 the building now occupied by J. F. Elliott was erected by Dan McMillan, now of San Francisco, while in the same year a school house was built near the site of the Catholic Church. With San Leandro as the county seat we have dealt in the chapter on the Legis- lative history, to which we refer the reader. It was established originally where now stands Martin's restaurant, after which it was moved to the site at present occupied by the convent, the block being donated by the Estudillo family for the especial purpose- In the early days San Leandro was one of the stage stations between Oakland and San Josd, the line being owned by Charles McLaughlin, and the stage being for some time driven by the famous Charley Parkhurst, who, it may be remembered, was proved to be a woman, the secret being revealed by death. It may be said that with being deprived of the advantages of being the seat of justice of Alameda County, it remained at the size which it then was, and although it may not have lost its natural attractions in point of extent or population it has not much increased. Let us therefore pass to the year wherein it took upon itself the dignities of the " Town of San Leandro." 1872. — In the month of February, 1872, a meeting of the citizens of San Leandro was held for the purpose of taking into consideration the matter of incorporation, when, the subject meeting with general approbation, a committee consisting of I. A. Amerman, A. T. Covell, Socrates Huff, Stephen G. Nye, and J. H. Putnam were appointed to draft an act of incorporation. The act was duly approved March 21, 1872, when the limits of the town of San Leandro were defined to be as follows: — Commencing on the southerly bank of the San Leandro Creek where the easterly line of lands of Michael Donovan intersects the same; thence southerly along the said line to the center of the county road leading to Halversen Landing; thence south twenty-eight degrees east across lands of Wm. Able to the lands of John B. Ward and his children; thence northeasterly and southeasterly, following the boundary lines of said Ward's lands, to the eastern corner thereof; thence southeasterly along the dividing line between the lands of Patrick Murnane and Maria Dolores Cushing to the southerly corner of said Murnane's land; thence northeasterly along the line of said Cushing tract to the westerly line of the Watkins-street County Road; thence along said line of said road to where the dividing line projected between the lands of James Durnan and Silas McClure intersects the same; thence following the dividing line between said McClure and Durnan and between said McClure and R. A. Mc- Eden Township. 447 Graw's lands projected to the southwesterly line of lands of John Carroll; thence fol- lowing said line projected to the southeasterly line of what is known as Maud Avenue; thence following the southeasterly line of Maud Avenue to the northeasterly line of Santa Clara Street; thence along said line to the southeasterly line of Juana Avenue; thence along said line of Juana Avenue to Grand Avenue; thence following Grand Avenue to Ward or Estudillo Avenue; thence at right angles to said last-named avenue to the southerly bank of the San Leandro Creek; thence following down said bank of said creek to the place of beginning. On May 13, 1872, the first meeting of the town officers elect was held, when there were present, Joseph Collingridge, I. A. Amerman, A. T. Covell, Socrates Huff, Board of Trustees; P. R. Borein, Clerk; the other officers of the incorporation being J. H. Putnam, Marshal; George Smith, Justice of the Peace; C. F. Juilliard, Treasurer. They set the municipal ball rolling by fixing the rate of licenses and establishing a uniform official grade for all streets and side-walks. On May 20th A. H. Judson was appointed Town Attorney and William Hazlehurst, a Trustee, while Luis Castro was called to the position of Town Engineer. Mr. Hazlehurst resigning, however, on June loth W. T. Thrasher was chosen to fill his position, and on July 24th C. E. Palmer was called upon to undertake the duties of Town Treasurer vice Juilliard, resigned. 1873. — The municipal officers elected on the 5th of May to serve for the year 1873-4 were: Joseph Collingridge, A. T. Covell, M. C. La Grange, Alexander Bald- win, George H. Payne, Board of Trustees; L. C. Morehouse, Assessor; J. M. Estu- dillo, Clerk; J. H. Putnam, Marshal; H. C. Grigsby, Treasurer; George Smith, Justice of the Peace. These gentlemen would appear to have successfully manipu- lated the reins of government during this year, while the only item of moment beyond the regular routine was the granting of a franchise on October 6th to the San Francisco and Oakland Water Company to lay pipes through the town. 1874. — On the Sth of January Mr. Covell introduced a resolution asking Congress to appropriate funds for the prosecution on the work of making a ships' channel along the bay of San Francisco and the southerly line of the city of Oakland, and connect- ing with the San Leandro Bay in the event of a favorable report being made on the same, which was unanimously adopted. On February i6th Frederick Bryant was appointed Town Marshal in the place of J. H. Putnam, who had resigned; and on May 4th the annual election for Town officers was held with the following result: Joseph De Mont, M. C. La Grange, Jacob Price, A. T. Covell, Board of Trustees; J. M. Estudillo, Clerk; Dennis Gannon, Marshal; Frederick Meyers, Treasurer; L. C. Morehouse, Assessor; Joseph Collingridge, Justice of the Peace. 1875.— At the election held on the 3d of May for the municipal officers no less than four out of nine candidates for a position on the Board of Trustees received the same number of votes, the result, however, being as follows: A. T. Covell, Alexander Baldwin, J. A. Estudillo, George Smith, Socrates Huff, Board of Trustees; J. A. Murphy, Clerk; Le Roy Morehouse, Marshal; Frederick Meyers, Treasurer; L. C. Morehouse, Assessor; Joseph CoUingridge, Justice of the Peace. On the 4th of 448 History of Alameda County, California. October the municipal tax was fixed at five cents on each one hundred dollars' worth of taxable property; while, on the same date, Joseph De Mont was elected to the Board in the place of A. T. Covell, who, upon resigning, received highly commenda- tory resolutions. 1876. — On April 24th of this year we find that authority was extended to W. W. Reid to purchase two blunderbusses for the use of the Fire Department. On the 1st of May the following gentlemen were elected to the official offices of the town: Joseph De Mont, J. A. EstudiUo, M. C. La Grange, S. Huff, W. W. Reid, Board of Trustees; S. S. Saul, Assessor; J. A. Murphy, Clerk; H. G. Grigsby, Treasurer; Joseph CoUingridge, Justice of the Peace. On May 8th fire-hydrants were established in the town, and on the isth J. H. Shirley was appointed Town Marshal. July loth Union Hose Company was admitted into the Fire Department. In the month of September we find the Board contemplating the erection of a Town Hall and jail; while, on the 2d of October, the yearly tax was fixed at thirty cents on each one hun- dred dollars' worth of taxable property. 1877. — Upon the death of Mr. Amerman, the Board of Trustees, under date • February 14th, in meeting assembled, passed the following laudatory and condolatory resolutions: — " Whereas, It has pleased Almighty God in his divine wisdom to remove from our midst our beloved friend Hon. I. A, Amerman, whose enterprise, public spirit, and sociability have endeared him to the citizens of San Leandro, and for whom they entertain the highest respect and feel that they have just cause to mourn his loss. He was chiefly instrumental in framing the Incorporate Act for the town of San Leandro, also ably discharged the arduous duties of the first President of the Board of Trustees. His familiar voice we had the pleasure of listening to in the dedication of the Hall a few weeks ago. "Resolved, That as a token of our respect and esteem, we adjourn our present meeting to February 17, 1877.'' On May 7th the annual election took place, when there were elected: Joseph De Mont, Socrates Huff, J. A. Estudillo, M. C. La Grange, W. W. Reid, Board of Trus- tees; John Cleland, Assessor; J. A. Murphy, Clerk; J. H. 'Shirley, Marshal; W. D. Smith, Treasurer; Joseph CoUingridge, Justice of the Peace. 1878. — On April 29th, George Fleming was appointed Town Clerk in the place of J. A. Murphy, deceased; while. May 6th, R. Mclntyre, O. H. Christie, F. Meyers, H. C. Powell, and I. H. Stone were elected the Board of Trustees; and John Cleland, Assessor; N. C. Lawrence, Clerk; W. D. Smith, Treasurer; J. H. Shirley, Marshal; M. L. Rawson, Justice of the Peace. 1879. — The officers for this yea'r, elected May Sth, were: O. H. Christie, Samuel Dasher, L. C. Morehouse, George Smith, J. S. Knowles, Sr., Board of Trustees; Fred- erick Eber, Assessor; M. L. Rawson, Clerk; J. H. Shirley, Marshal; W. D. Smith, Treasurer; J. W. Hodgkin, Justice of the Peace. 1880.— In this year the municipality was elected on May 3d as follows: R. Par- ker, T. P. Carey, J. S. Knowles, H. F. Crane, L. C. Morehouse, Board of Trustees; H. F. Eber, Assessor; A. Robinson, Clerk; W. J. Stratton, Marshal; W. D. Smith, Treas- urer; J. W. Hodgkin, Justice of the Peace. Eden Township. 449 1 88 1. — On the 2d of May the annual election for the town officials was held, and the following result attained: T. P. Gary, J. S. Knowles, J. E. Quinn, A. F. Crane Board of Trustees; D. K. Pratt, Marshal; H. F. Eber, Assessor; A. Robinson, Clerk; W. D. Smith, Treasurer. Owing to a tie vote with Mr. Huff at the annual election, on May 21st, R. Parker was chosen for a seat at the Board of Trustees. On July 25th M. L. Rawson was appointed Clerk vice Robinson; and, on November 21st, the following resolution was spread upon the minutes of the Trustees: — " Whereas, Since the last meeting of this Board, one of its members, J. S. .Knowles, has been, by the hand of death, removed from the community and from the Board; and " Whereas, We, in common with all the inhabitants of this town, deeply regret our loss, as well as the loss to our community of a man of such worthy character and a citizen of so much usefulness; therefore be it " Resolved, That out of respect to his memory this Board do now adjourn until to-morrow evening at half- past seven o'clock, and that this resolution be spread upon the minutes of this Board. " Owing to the demise of Mr. Knowles, on the 5th December, O. H. Christie was called to a seat at the Board of Trustees in his stead. 1882. — At the annual election held on the first of May, the following gentlemen were chosen the corporate officers for the year 1882-83: O. H. Christie, E. Kirkman, F. S. Dickinson, T. P. Cary, Henry Motz, Board of Trustees; H. F. Eber, Assessor; F. M. Pratt, Clerk, D. K. Pratt, Marshal; W. D. Smith, Treasurer. We can think of no place in California that has profited more by being incor- porated than has San Leandro. The municipality have displayed good judgment in their actions, and by a wonderful unanimity in their meetings the result is seen in the perfection of streets, and the highest degree of sanitary purification. Presbyterian Church. — The first services of this denomination were held by Rev. J. M. Alexander on August 25, 1864, and on February 11, 1866, the church was organized with eighteen members, preparatory services being held by Revs. S. Wells L. Hamilton, and J. M. Alexander. On April 28, 1869, the church edifice was dedi- cated and Rev. J. M. Alexander occupied the pulpit till the 23d of May, when, resign- ing, he was succeeded by Rev. A. H, Sloat on September 1 2, 1 869. After preaching only a few times, that gentleman left in consequence of ill-health, then the duties were undertaken by Rev. A. F. White, who commenced his labors on the last Sunday in October, 1869. He resigned December 14, 1873, and was succeeded in turn by the following clergymen: Rev. W. Alexander, January i, 1874; Rev. Tracy Oviatt^ November i, 1874; Rev. Hiram Hill, January 6, 1878, who, leaving on August 6, 1882, was succeeded by Rev. Theo. Beaizley, who commenced August 13, 1882. The pres- ent number of members is sixty-three, while there are one hundred and fifty attend- ants at the Sabbath-school. Roman Catholic Church. — This church was commenced in the month of January, 1864, and is one of the most architecturally beautiful erections in the county. It is gothic in style, thirty-two by fifty feet in dimensions, and is surmounted with a spire ninety-six feet in height. It was dedicated in August, 1-864. Eden Lodge, F. and A. M.— This lodge was organized February 14, 450' History of Alameda County, California. 1857, by Bro. J. F. Damon, with the following charter members: Joseph De Mont, P. E. Edmondson, J. L. Noble Hamilton, William G. Hamilton, Lewis Lengfeldt, Will- iam C. Pease, John W. Carrick, Joseph H. Taylor, Charles B. Tool, J. L. Shiman, the original officers being: P. E. Edmondson, W. M.; Lewis Lengfeldt, S. W.; Joseph De Mont, J. W.; Charles B. Tool, Treasurer; William C. Pease, Secretary; Joseph H. Tay- lor, S. D.; John W. Carrick, J. D.; John L. Shiman, Tyler. There are at present fifty-three members on the roll, and the officers for the current term are: John F. Burdick, W. M.; Frank W. Boardman, S. W.; Alonzo A. Ferreira, J. W.; J. F. E. Hopper, Treasurer; Charles H. Haile, Secretary;-William S. Du Bois, S. D.; Manuel J. Cardoza, J. D.; William W. Reid, Tyler. The hall which was built in 1857, and the lot on which it stands, is owned by the Lodge, -while she is the mother of five lodges in the county, a sufficient number having gone forth from her sheltering aegis to open that number of like institutions in different portions of Alameda. Eden Lodge is in a very flourishing condition San Leandro Lodge, No. 231, I. O. O. F. — Was organized June 8, 1875, with the following charter members: H. A. Hale, P. G.; F. W. Greeley, Ezra Smith, J. Lar- son, F. D. Moran, J. T. Krudleberger, J. F. E. Hopper, A. Lucio, G. S. E. Smith, G. H. Payne, W. J. Stratton. The first officers were: H. A. Hale, N. G; G. H. Payne, V. G.; J. T. Krudleberger, Secretary. The present membership is fifty-seven, and the officers now serving are: Frank Boardman, Jr., P. G.; George Larson, N. G; Manuel Avellar, V. G.; A. Lucio, Rec. Sec; F. D. Moran, Treas.; David Ury, Per. Sec. It meets in their own hall, which was built in 1880 and dedicated in 1881, every Tuesday evening; and is in a flourishing condition. San Leandro Lodge, No. 12, A. O. U. W. — Was organized December 11, 1877, with the following charter members: William H. Hodgkins, Robert Parker, P. N. Coughill, Jacob H. Shirley, Joseph Wallace, Eugene W. Smith, David Ury, Henry F. Eber, Alex. Robinson, Joseph Martin, H. C. Powell, Nelson McCune, Joseph A. Miller, Samuel Dasher, David J. Shields, James McDonald, Ezra Smith, O. H. Chris- tie, H. A. Hale, Louis J. Martin, Manuel J. Cardoza, Alonzo A. Ferreira. The first officers were: J. A. Miller, P. M. W.; O. H. Christie, M. W.; A. Robinson, G. F.; N. C. Powell, O.; H. F. Eber, Recr.; D. Ury, Fin.; R. Parker, Rec; James McDonald, G; E. W. Smith, L W.; Joseph Wallace, O. W. The present number of members in good standing is forty-seven, and the officers for the current term are: N. G. Sturte- vant, P. M. W.; R. Morgan, M. W.; J. H. Shirley, G. F.; F. C. Barradas, O. ; S. John- son, Recr.; D. Ury, Fin.; J. Gorman, Rec; H. F. Eber, G.; J. Raveks, L W.; H. Barr- mann, O. W. San Leandro Lodge, No. 180, I. O. G T. — Was instituted by Mrs. Emily Pitt Stevens, January 5, 1880, with one hundred charter members, and the following officers were installed for the first term: H. R. Huie, W. C. T.; Miss Eliza Haas, W. V- T.; Rev. J. J. Cleveland, W. C; R. M. Saul, W. S.; Mrs. Flora Richardson, W. A. S.; Mrs. H. R. Huie, W. F. S.; Mrs. J. W. Hodgkin, W. T.; G. R. Duval, W. M.; Miss Lizzie Mercer, W. D. M.; Geo. H. Richardson, W. L G.; William Sheehan, W. O. G.; Mrs. N. McCune, W. R. H. S.; Miss Nellie Duval, W. L. H. S.; Rev. Hiram Hill, P. Eden Township. 451 W. C. T.; N. McCune, L. D. G. W. C. T. There are at present fifty-three members on the roll, while the officers serving for the current term are: W. W. Reid, W. C. T.; Miss M. Gary, W. V. T.; George Smith, W. C.; H. Pelton, W. S.; Miss M. Geary, W. A. S.; R. H. French, W. F. S.; Miss D. Halverson, W. T.; H. Morin, W. M.; Miss Anna Halverson, W. D. M.; Thomas Sturtevant; W. I. G.; David Ury, W. O. G.; Mrs. W. H. Gray, W. R. H. S.; Mrs. C. E. Case, W. L. H. S.; J. W. Driver, P. W. C. T.; George Smith, L. D. G. W. C. T. The charter members who yet remain in good standing are: J. W. Driver, Mrs. W. H. Gray, Mrs. J. A. Gallet, Miss Dena Halver- son, Miss Anna Halverson, Miss Lizzie Mercer, H. Morin, H. K. Owens, Mrs. H. K. Owens, W. R. Price, Lester Price, W. W. Reid, George Smith, Mrs. George Smith, David Ury. The lodge is in a prosperous condition, but it was deprived of about half of its members when the agricultural works of Baker & Hamilton were removed from San Leandro to "Benicia. Chautauqua Literary and Scientific Circle of San Leandro. — Was organized in January, 1883, with Mrs. T. Beaizley, President, and Miss Jennie Huff, Secretary. The number of members is limited to fifteen, who meet every Tuesday evening, much interest being manifested in the various studies. San Leandro "Reporter." — This newpaper was started May 15, 1878, and is now in the fourth year of its existence. It is a twenty-eight column paper, published every Friday morning. The editor and proprietor is R. A. Marshall. Eight news- papers have been established in San Leandro before the advent of the Reporter, all of which have died a natural death, but by dint of energy and perseverance the circula- tion of the paper is nearly six hundred, while its advertisements are all reliable. For two years this periodical was issued as a twelve-column paper, eight by twelve inches in size, finally emerging into a six-page, then to an eight-page of the same size, and on July 2, 1881, the present size was established. On September 14, 1881, it became a semi-weekly publication, continuing so until May, 1882. It is the official organ of the town of San Leandro. San Leandro "Sentinel." — Was first started January 8, 1880, by Weston P. Truesdell, editor and proprietor, as a weekly. As such it continued until April, 1883, when it was changed to a semi-weekly issue. The Weekly Sentinel is a representa- tive paper of San Leandro. It is the exponent of her advantages, industries, and necessities. It is a mirror of the events, social, political, and otherwise, transpiring in the county, and is a regular visitor in hundreds of homes, and in many families no other paper is taken. Central Manufacturing Company of San Leandro. — Hopper & Larson, Proprietors. This industry was first started in the year 1875 by the above parties in a small building, still standing near Smith's grocery store, where they remained about six years. In June, t88o, they began the erection of their present large factory situated on Main Street, being two stories high, and occupying an area of forty-four by seventy- two feet. Attached to it is a building twenty-five by thirty-five feet, used solely for the manufacture and repair of agricultural implements. They moved into these 452 History of Alameda County, California. premises in October, 1 88 1, where they are engaged in all work coming under the category of agricultural implements and blacksmithing. San Leandro Plow Company. — This establishment for the manufacture of agricultural implements and farming machinery is located in San Leandro, and may be justly ranked among the best agricultural implement factories in the United States, though not among the largest. It comprises a planing-mill, blacksmith-shop plow-shop, machine-shop, foundry, paint-shop, etc.; in fact, everything required in a concern of the kind. The buildings are new, commodious, well arranged, and well lighted, and the machinery is nearly all new and of the latest styles, the whole be- ing driven by an elegant fifty horse-power Corliss engine. The location is considered the best to be found in the State, being close to San Francisco, with which there is hourly communication, and yet not within the limits where rents and taxes of any large city largely enhance the cost of production. The cars of the Central Pacific Railroad run into the yard, thus connecting it with the railroad system of the State, and saving all drayages, both on material arriving and goods going away. The company is a Joint Stock Corporation, composed mainly of wealthy citizens residing in San Leandro or its vicinity, and a number' of the leading mechanics of the Baker & Hamilton Agricultural Works (which was run for several years in San Lean- dro, but has recently removed to Benicia). The company was incorporated April 19, 1 88 1, with a cash capital of one hundred thousand dollars, the original and present directory being: S. Huff, President; T. P. Cary, Treasurer; W. H. Gray, Secretary; F. Meyers, L. C. Morehouse, L H. Bradshaw, and J. De Mont. San Lorenzo. — This village is distant from Oakland about twelve miles, and is situated on the northern bank of the creek of the same name. In 1852-53 it was known as "Squatterville," owing to the number of squatters who took possession of portions of the Estudillo Rancho. In 1853 John Boyle erected a blacksmith's shop, and with it business may be said to have had a start in the place. He was succeeded at his death by Henry Smyth, who had been in Boyle's employ, and he started the first forge-fire in San Lorenzo. Following Boyle's forge was the store of Daniel Olds, which occupied the position whereon the Willows Hotel now stands, and erected in 1854, and in the same yearthe San Lorenzo House was built by A. E. Crane. Save an establishment for drying fruit on the Alden process, which was tried some years ago, but failed, no other busi- ness venture than Smyth's works has been made in San Lorenzo. It should be said, that in this vicinity there is the finest soil in the whole valley, as the magnificent orchards, splendid gardens, and rich grain-fields indicate. It is truly a garden spot! The village comprises the usual quota of country stores, saloons, a post-office, and an excellent school besides. The church is a neat edifice in which union services are held, while the village is on the line of the Central Pacific Railroad. Roberts' Landing is but one mile and a half to the northwest, whence there is communication by water with San Francisco. Murray Township. 453 MURRAY TOWNSHIP. GEOGRAPHY. — Murray Township is bounded on the north by Contra Costa County, on the east by San Joaquin County, on the south by Santa Clara County, and on the west by Washington and Eden Townships. Topography. — This township, the largest in Alameda County, is about one-half its whole area, and comprises nearly four hundred square miles of territory, composed of mountains of considerable altitude, the lesser undulating foot-hills, and the fertile valleys, it being estimated that there are one hundred and sixty square miles of the first, one hundred and ninety of the second, and fifty of the last. Valleys. — The valleys of Murray Township are the Livermore, Vallecitos, Sunol, Amador, Alamo, and portions of San Ramon and Tassajara. The chief of these is the Livermore Valley, which is a gentle sloping plain, irregular in shape, and com- pletely surrounded by bold mountains. Its length is about fourteen miles from east to west, and its breadth from north to south from four to double that number of miles. It is situated in the northern part of the township, and extends from its western boundary line about two-thirds of the distance across it. North, northeast, northwest, southwest, and east of it the hills are low, and susceptible of the highest cultivation; while to the south, southeast, and west we have bold mountains valuable only for the timber with which they abound, and the unlimited range of pasturage which they offer. Stream.S. — -The water-courses of Murray Township are numerous, but few of them retaining their natural uses during the summer months. The principal ones are the Arroyo Valle, Arroyo Mocho, Calaveras Creek, Laguna, Las Positas, Tassajara Creek, and Corral Hollow Creek. Save the last two, all are tributaries to the Alameda Creek, which falls into the Bay of San Francisco, and forms the shore boundary between Eden and Washington Townships. The largest of these are the Arroyos Valle and Mocho, which, having their source amid the mountains of Santa Clara County take a northwesterly course through the township, and empty themselves, the first into the Laguna, near Pleasanton, after flowing a distance of some thirty miles; and the last disappears into the earth a few miles northeast therefrom, having run its course of fifty miles, the greater portion of the distance being through deep ravines buttressed by overhanging crags whose recesses are the home of the feathered tribes of, every hue and song. The Positas Creek has a westerly course, and drains the eastern end of Livermore Valley, emptying itself in the Tassajara, between the towns of Livermore and Dublin, while the last named itself, after watering the valley from which it takes its name — opening out to the north of Livermore Valley — meets its fate in the Laguna, near Pleasanton. Calaveras Creek has its birth in Santa Clara County, and finds its way through deep canons into Alameda County, while th'e Sunol ^o^ History of Alameda County, California. Valley is fed by means of the Laguna, with all the waters of the Livermore and adjoining valleys. These chief streams are principally fed by mountain torrents almost innumerable in number, which in the summer months are distinguishable only by their rugged courses, but which in winter become swirling, treacherous, angry torrents, sweeping here, and tearing thither, carrying all before them, until they mingle with the waters of the mightier streams. Although hardly coming under the category of water-ways, it may be mentioned that there are three natural bodies of water in Murray Township, two being small ponds of a few acres each, near the east end of the Livermore Valley, which, although usually dry during the summer months, in winter have a plentiful supply of water. Not far from the foot of the Contra Costa Range, at the western extremity of the the Livermore Valley, is a tract vicariously known as the Bolsa, or Lagoon, some fif- teen hundred acres in extent, swampy in character, and covered with a thick growth of willows, which, during the winter season is generally under water, and to some extent preserving this character in summer. Climate. — We have already dwelt upon the climate of Alameda County gener- ally, and placed before the reader condensed remarks on the climate of each of the townships. Of the township now under consideration, and its chief section, the Liver- more Valley and vicinity, G. Benton Jarrett, M. D., has stated that, protected as it is by the Coast Range, it has almost entire exemption from the nightly fogs of the coast, and possessing an altitude of nearly five hundred feet, several disagreeable conditions of the sea-shore climate are removed. The breeze of the ocean is toned down, its harshness is reduced; its unpleasant effects receive a check, being deflected upward by the Coast Range of hills and mountains, and deprived of excessive humidity, it can be breathed with comfort by many invalids who feel oppressed when near the coast. The summer air is very desiccating, and dead animals left unburied become in a short time so dry th^t scarcely any smell is emitted. So free is the air from moisture'and all morbific effluvia, that distant objects can be seen with great distinctness. The summit of Mount Diablo, though twenty-two miles distant, can be distinctly discerned with the naked eye, nearly the entire year. On the south, Cedar Mountain seems to be within an hour's walk of Livermore, though about twelve miles distant. On the east, a range of hills separates the valley from the San Joaquin; thus the Sacramento and San Joaquin Rivers, with their tule lands, are no part of the climate of this section, yet they can be plainly seen from Brushy Peak summit, nine miles from Livermore. To present more fully to the reader the climate of Livermore Valley, let us beg-in with the winter or rainy season. The Valley of Liverm ore possesses a great many features in common with the rest of the State south of San Francisco. A winter sea- son mild and agreeable and, compared to the Atlantic States, very short. The rainy, wet, or winter season, begins sometimes in October — though ofte;n November is dry and terminates about April. The " settled " rains occur during a period of three months. Even during the " settled rainy season," a cessation often occurs for a week, much more rain falling at night than during the day. Through the entire year the roads fn the gravelly part of the Valley are in good condition. A few hours after the Murray Township. 455 heaviest rains, all roads, except on adobe soil, become comparatively dry. The nature of the soil is assisted by the gradual sloping of the valley towards the mountain passes that lead to the bay of San Francisco. The southern winds prevail dyring winter and are those that bring the most bountiful showers. During the intervals between rains is the most delightful weather, the atmosphere being purified and yet mild and equa- ble. The coolest part of winter is a few degrees below the freezing-point; though on days when the morning is coldest, the midday and afternoon become warm and pleasant, and a man with extra wraps on is sure to be accosted with " what's the mat- ter?" by friends solicitous concerning the state of his health. Lightning is of rare occurrence during showers. No lightning rods are used — none are needed. Few thunder showers, and those phenomenal, mostly in midwinter, and followed by colder weather and hail, soon turning to rain. Snow seldom falls in the valley; it is said to be a decennial curiosity and melts immediately. As it lies on the mountain tops, it affords a beautiful contrast with the green foot-hills and valleys beneath. Spring-time is made beautiful by the many flowers that almost cover the hills and dales, and grasses, and evergreen trees. The orange, almond, and oleander trees live in the open air the year round; plants, such as the tomato, castor-bean, etc., become perennial. The dry season begins in June and lasts, as before stated, sometimes till Decem- ber. During" this time is one continual, uninterrupted succession of clear weather. A description of one day is that of another — indeed, of all. The sun rises in a cloud- less sky and lights up a scene of beauty; the air, cool and buoyant, is' clear as crystal without aught of fog or mist to mar the most distant view. As the heat of the sun increases, a slight breeze springs up from the west and grows in power with the fer- vency of the rays of old Sol, till slightly past noon, when both decline in force. Later a slight haze settles in the valley, while stray fog-clouds drift slowly along the distant mountain ridges. The sun sinks towards setting and now is the most lovely hour of the day. Hills and mountains are bathed in a sea of rich purple haze, bright and vivid on the high ridge, but down in the deep canon dark and sombre. The western sky is full of cloud-specks, each aflame with color bestowed by the fast sinking king of day. Great mountain shadows race across the valley as if in friendly rivalry; and, at last, in such a halo of glory, as is seen nowhere but in this land of the western sea, the sun sinks from view beyond the hills, and the day is done. The daytime, often hot, never fails to be followed by cool nights; and, owing to the dryness of the atmosphere, one hundred degrees is more easily borne than eighty degrees would be in the Middle States. Sun-strokes are of very rare occurrence and when they do occur are occasioned by exposure or dissipation. Cerebro-spinal men- ingitis of children and infants is entirely unknown. The cool nights-are so invigorating to the physical powers, that the digestive organs have ample time and opportunity to repair any damage incurred by the hottest days of summer. Like most of the State, the vicinity of Livermore has its individual localities having distinctive features regarding their climate. Streams having their source in the surrounding hills and mountains flow through the valleys, watering their banks. Far up them can be found openings or windings of the canon, well protected from adverse winds by giant trees and high ridges on either side, which are indeed "indi- 456 History of Alameda County, California. vidual localities," forming the camper's idea of a perfect elysium. The cHmate here is milder having more rain during the wet season, but less wind and cooler than t e valley proper. For invalids suffering from bronchial diseases and for phthisical persons, in first, and early part of second stages, these places in the hills are of incomparable value, and are available at little or no expense, compared to " springs" and sea-side resorts. Then, close at hand, are benches on the foot-hills or mountains where almost any altitude necessary for the invalid can be obtained, while those on the east slope are protected from winds and are all provided by nature with water-works that need no improvement and in which amimalculse have no place. Along the streams are pleasant groves of trees available for man and beast as shelter from the noonday sun. The game consists of rabbit and quail for the most part, although deer are often found. The " grizzly" is a thing of the past; the " lion,'' or cougar, is only to be started from his solitude in deep mountain gorges. Game, however, abounds in sufficient quantities to furnish meat for the camper, while at nearly every farm-house milk and butter may be procured at ordinary market prices. Good roads lead from the stations on the line of the Central Pacific Railroad to all the adjacent country, and it may be said that the most favorable season is from April or May till December, or from the close of the wet season until its annual recurrence. Soil. — The distribution of the soils of .Murray Township is both curious and interesting. The Livermore, which we have already stated is its chief valley, is ellip- tical in form and bears unmistakable evidence of having been at different times sub- jected to submersion by water, thus the distribution of soils has been largely effected by these floods, forming it into a lake whose shores were the surrounding hiLs. The primary soils of the valley, of which there are three at least, lie in circular belts, the outer surrounding the second, the third, or inner, forming an ellipsis, occu- pying its center. The outer belt, or ring, is a black adobe soil, extending completely around, besides including a portion of the valley. This belt is very extensive to the north and east, and, being most distinctive, very little other soil is found within it. To the south and west it is narrow and in certain localities becomes either mixed with other soils or covered by them. The second, or middle belt, extends entirely around the valley, and is a red or yellowish clay. On the south it is several miles in width; on the east west, and north this appears only here and there. Unlike most surface soils, this red clay is of great depth. Lying between the Positas and Mocho Creeks, nearly in the cen- ter of the valley, is a gravelly loam, which, during the inundations referred to, has been deposited upon the red clay. Nearly all of the arable lands of the township are composed of one of these three soils; others are found in particular localities, and are, in nearly every instance more or less made up of one or more of those above mentioned. The adobe soil is heavy, nearly black in color, and, when wet, of a persistently sticky nature. It is, however, rich in nutritive properties and retains its power of fruitfulness much longer than lighter soils. The adobe of this section varies con- siderably in quality, that on the hills being generally much lighter than that found in the valley land.s. Unless in a favorable condition the heavy soil is difficult to\' k Murray Township. 457 for, when dry, it becomes extremely hard and brick-like, and, if stirred when soaked with water, is ruined for that season. The lighter adobe is more tractable, and, when well mixed with a sandy loam, which is not unoften deposited upon it by overflows of creeks, makes a fine soil. It may be safely said that nearly three-fourths of the ara- ble land in Murray Township is of an adobe nature. The red clay soil is lighter than adobe and far more tractable. Not possessing the richness of that soil it does not, by ordinary means, produce as large crops, still, it is remarkable for its recuperative properties, indeed, some of it, which has been farmed ever since the first settlement of the valley, even now produces a good return. By a system of summer-fallow the red clay soil never fails to produce a good crop. Like the adobe, the gravelly loam soil also varies much in quality, while in cer- tain places the gravel is thick and the soil scant, yet, it is generally conceded to be the equal of the red clay in fertility. This soil succeeds best in a comparatively dry year, for a large amount of rain seems to produce a chill which .stunts growth. The richest soil in the township, however, is a heavj'- black loam found at the western end of the Livermore Valley, which partakes somewhat of the nature of adobe, but being more mellow is possessed of greater fertilizing properties. In the mountains of the township the soils are adobe, a sort of gray shale, loam, and white clay, the first of which possesses considerable fertility and will produce good crops, but the last, although doing well for several seasons, soon runs out. The streams entering the valleys from the mountains and the foot-hills every wet winter, break their banks, and, overflowing a large area, deposit on the lands a rich, sandy loam which is deemed most beneficial, especially to heavy adobe soils, and year by year is found to add to their value. Products. — Wheat is the one product of Murray Township that overtops all others. Barley and hay are raised to a considerable extent, but, compared with the one great staple, their production is limited. A large portion of Murray Township being of a mountainous nature, is unfit for cultivation, but is especially adapted for the raising of sheep, a business that is extensively carried on with generally good results in the commodity of wool. The settlement of the township has been of too recent a date to admit of there being any extensive vineyards or orchards. The soil, however, is especially adapted to this cultivation, and at the present writing several farmers have embarked in this enterprise, which will, at no distant date, form one of the principal occupations of the township. Still, there are several orchards and vine- yards in the district, than which there are none finer in the State. These are located chiefly about Pleasanton and Dublin, but by no means confined to these two places. Vegetables are cultivated to a considerable extent on the low, rich bottom-lands in the vicinity of Pleasanton, where immense crops are produced, the quality of the tubers being unsurpassed anywhere on the Coast. Stock-raising is followed with much success by most of the farmers, while the daiiying interests are of considerable magnitude, and constantly on the increase. The superiority of the hay in this section, and the excellence of the dry feed, tend to make the business more profitable than in most of the other counties. The raising of poultry, too, has become an important branch of industry, nearly every farmer keeping from fifty to five hundred hens, while, 30 458 History of Alameda County, California. scattered throughout the township, are numerous "chicken ranches," where poultry- raising is the only occupation. Timber. — The mountainous regions of the township are where we find the most timber, the principal growth being white and live oak, although in the canons we have the maple, buckeye, sycamore, cottonwood, alder, and other varieties; and along the banks of the creeks are many good-sized trees, mainly oaks and sycamores, the wood from the latter having given much satisfaction, while generally the timber is used as fuel for home consumption and foreign export, it being estimated that several thou- sand cords are shipped abroad annually, and find a ready sale at remunerative prices. Minerals. — Not much is as yet known about the mineral resources of Murray Township. True, gold, silver, quicksilver, coal, coal-oil, building-stone, sulphur, and marble have been discovered, but with the exception of coal and building-stone, none of these have been worked to a successful end About the year 1875, Michael Rogan, of Sunol, erected a derrick and bored for oil on the ranch of James Brown, about five miles northeast from the town of Liver- more, where he found 'indications which grew more marked and favorable as the work proceeded, but on the fifth day the well, unfortunately not being cased, began to cave, and was abandoned, Rogan -not feeling like going to the expense of erecting the nec- essary casings. The oil which flowed was jet black, of a thick-, sticky nature, and with a smell like kerosene. Several barrels were gathered and sold in its crude state in San Francisco, at a good price. During the winter of 1877-78 the soil in that vicinity was thoroughly saturated with water, and numerous streams ran out of the hillside near where the well was bored. In the water which flowed from these springs were clots of this black oil in considerable quantities. This substance still exudes from the earth in that vicinity, through springs, and can be seen floating on the sur- face of the water in large clots. Some time in 1871 James Farley, then living on his ranch in the eastern end of Livermore Valley, bored a seven-inch well for water. When down about twenty-five feet, the workmen suddenly heard a noise in the well like the rushing of water — a volume of gas had been struck, which escaped from the aperture with great force. A lighted match was placed over the mouth of the well, when the gas caught fire and burned readily, the flame rising to a height of several feet. This well, which was finally filled up, was located about a mile from the Brown ranch, where Rogan's prospecting was carried on four years later. These facts make it apparent that oil exists in that section, at no great distance from the surface, but its quantity, quality, and value can only be determined by research. The only stone quarry in practical operation in the township is situated near Altamont, in its northeastern portion. The formation is of sandstone, of excellent quality, and is mostly used for cemetery purposes, large quantities of it being shipped to San Francisco for that use. It is a fine, close grain, and when cut and trimmed is very handsome, being also fitted for general building purposes. The coal deposits of the township will be found treated on among the industrial enterprises of the town of Livermore, as well as in the chapter on the geology and mineralogy of the county. Murray Township. 459 Mineral Springs. — These abound throughout the township, the most common being those impregnated with white sulphur, but there are several containing salt, alkali, and iron. On the farm of J. A. Neal, near Pleasanton, are a number of springs, one of which is impregnated with iron and magnesia, and the remainder with white sulphur, all being highly extolled for their curative properties and much resorted to by dwellers in the vicinity for their health. About half a mile from the Mountain House there is a spring impregnated with sulphur which we are informed possesses the property of petrification, while, a mile and a half away, in another direction are several more, containing iron, borax, etc. Mexican Grants. — The Mexican Grants, wholly or partly in this township, consisted of the San Ramon, four square leagues and eighteen hundred varas, granted to J. M. Amador in 1835; confirmed by the Commission, August i, 1854; and by the District Court, January 14, 1857; extent in acres 16,516.96. The Santa Rita granted April 10, 1839, to J. D. Pacheco; rejected by the Commission April 25, 1854; confirmed by the District Court August 13, 1855; and decree affirmed by United States Supreme Court; 8,885.67 acres. El Valle de San Jose, granted to Antonio Maria Pico, April 10, 1839; confirmed to Antonio Sufiol et al., by Commission January 31, 1854; by the District Court Januar}- 14, 1856; 51,572.26 acres. Las Pocitas, two square leagues, granted April 10, 1839, to Salvio Pacheco; confirmed by Commission to Jose Noriega and Robert Livermore, February 14, 1854, and by the District Court February 18, 1859. Canada de los Vaqueros (mostly in Contra Costa County) granted February 29, 1842, to Francisco Alviso, et al., confirmed to Robert Livermore by Commission September 4, 1855, and by the District Court December 28, 1857. Early Settlement. — Before committing ounselves to a history of the early settlement of Murray Township it is proper to state that it received its name in the month of June, 1853, when the county of Alameda was created from that of Contra Costa, its sponsor being Michael Murray, one of its pioneer settlers, of whom we shall have occasion to speak farther on. Let us now take up the chronological order of events so far as we have been able to gather them. Would it were possible to banish grim death, preserve the ancient colonist in his pristine vigor, and retain him with his menxory unimpaired; were such things possible, then 'twould be an easy task to pen the recollections of the courageous men who were the harbingers of joy and comfort to what is now a fruitful district and a contented people. ' As far back as fifty-seven years ago — the year 1826 — Don Jos^ Maria Amador settled in the valley which afterwards received his name, and soon after con- structed an adobe house on the site of the present residence of C. P. Doughert}-. We have been unable to learn the date of the erection of this building, but on the present owner's father, J. W. Dougherty, acquiring the lands in or about 1852 or 1853 he took possession of the house and resided in it until the earthquake of July 3, 1863, when it was so rudely shaken that it w'as found necessary to abandon it and erect the present residence. Don Josd Maria Amador is still alive, having reached the ripe old age of one himdred and six years, and as we write, Christmas, 1882, he is visiting friends in San 460 History of Alameda County, California. Francisco, having made the journey thither from Watsonville, Santa Cruz County. He is described as retaining his intellectual capacity to a marked degree. Such being the case, what changes must he have noted. When he first saw the light the United States of America had but just declared her independence and the Mission Dolores been established on the peninsula of San Francisco. When he was sixteen years of age the Pueblo de San Joss was founded. As he grew to man's estate he held high office under the Spanish and Mexican authorities, and when fifty years old he took up his residence in what is now a portion of Alameda County, but then known as the Contra Costa. When he arrived he found the country wild in the extreme; neither habitation nor cultivation met the eye. The wild cattle of the Mission San Jose roamed at will over the mountains and valleys; the Indian held undisputed sway over the soil of which he was the primeval monarch; the mountains and gorges teemed with game, both feathered and four-footed; and the inaccessible crags and timbered hollows were the lair of the beast of prey. This was solitude indeed! The next settlement within the present borders of Murray Township was by Robert Livermore, whose name is a household word with the early Californian. Robert Livermore was born in Bethnal Green, a suburb of London, England, in the year 1799. In his youth, feeling the restraints of home somewhat keenly, and the curb of filial duty slightly strained, he shipped as a cabin-boy on board of a vessel and ultimately found himself in a Peruvian port. Here he joined the fleet of that nation, then under command of the redoubtable British Admiral Cochrane, afterwards Earl of Dundonald, but here finding the discipline of the navy too taut, he made his escape and found his way to Monterey in a hide-drogher. There are divers state- ments current as to the date of his coming to California, but we are inclined to the belief, and upon very reliable testimony, that it was in the year 1820, seven years after that of John Gilroy, the first Anglo-Saxon settler in the country. In the course of time, probably in the same year or that following, he arrived in the Pueblo de San jos6 where he soon made friends, chiefly on account of his sunny disposition, and tarried for a space, working on the ranch of Juan Alvarez and acquiring the Spanish tongue. He next proceeded to the Rancho Agua Caliente, or Warm Springs, and becoming acquainted with the family of Fulgencio Higuera afterwards found favor in the eyes of a daughter of the house whom he subsequently married.. While resident in San ]os6 he formed acquaintanceship with ]os6 Noriega, a Spaniard, and with him went to the valley which has since taken its name from the Suiiol family where he located, built an abode, in a small way entered upon the cultivation of the soil, and embarked in stock-raising. It is presumable that in his wanderings after his cattle or game he became familiarized with the locality, and from the summit of one of the adjacent "lomas" first cast longing and loving eyes upon the fair vale which bears his name to-day, and whither he moved in the year 1835. From that period can be dated the first step toward the permanent settlement and development of the valley. Livermore at once devoted his attention, almost exclusively, to the raising of horned cattle, horses, and sheep. For the first few years he was greatly harassed by Indians, who stole and slaughtered his cattle and even rendered it unsafe at times for himself and family to remain in their wilderness home. On such occasions they sought pro- Murray Township. 461 tection under the hospitable roof of Don Jose Maria Amador, which was rarely molested. In the year 1839 the Rancho Las Pocitas was granted to Don Salvio Pacheco who also owned the Rancho Monte del Diablo, but he, during the early part of that year, transferred his interest to Livermore and Noriega who took possession thereof April 10, 1835. That same year they erected an adobe house near the Pocitas Creek, which stood until about the year 1 875, when it was torn down. Here it was on this grant of two leagues of land that Livermore fixed his permanent abode and commenced a life that was truly patriarchal. In a few years his flocks and herds were counted by thousands, while they roamed about at will over a territory that vied in magnitude with many a principality. True it is that he was surrounded on every hand by frequent dangers, but these would appear to have added zest to his life. His eminent courage and infectious good-nature, however, soon made him friends among the families of the ranchos, who, although the distances were magnificent, he frequently visited, indeed it was not long ere he became one of themselves. In 1844 he planted a vineyard as well as a pear, apple, and olive orchard on the flat near his house, while he also raised wheat — the first produced in the valley — and by means of a ditch, the track of which is still to be seen, brought water from the Pocitas Springs for the purpose of irrigation. In addition to the occupation given to these enterprises, he killed his cattle for their hides and tallow — the meat not being salable was left on the ground — the latter of which he made in a large copper kettle which is still extant on the ranch of his son. When not engaged in this wise it is related that he turned his attention to the manu- facture of bear's grease from savage grizzlys that had fallen victims to his unerring rifle. Thus dwelt Robert Livermore for nearly fifteen years in the splendid valley which bears his name, while his cattle roamed untamed from the Amador Valley to the San Joaquin River. Here he brought up a family of sons and daughters, lived in peace with all men, unmolested and honored, little dreaming what a few years would bring to pass, and how the face of his beloved adopted country would be changed. It should be mentioned that on September 14, 1846, Livermore purchased the Canada de los Vaqueros grant, the greater portion of which lies within the boundaries of Contra Costa County. This rancho was originally granted in the year 1836 to Miranda Higuera and Francisco Alviso, and comprised three square leagues of land, or thirteen thousand three hundred and twenty acres. Of the original grantees of land, J. D. Pacheco received in 1839 the Santa Rita Rancho, located between that of San Ramon and Las Pocitas, but we are not aware that he ever placed any building of a permanent nature thereupon, although it was occupied in 1844 by Francisco Alviso as major-domo; while about the same time, towards the east end of Livermore Valley, grants of land were made to Antonio Maria Pico, Antonio Sunol, and Augustin Bernal. And now came the discovery of gold, with its accompanying influx of people of every tongue and from every clime. Well it was for many of them that a man like Robert Livermore had pitched his tent on one of the direct routes between San Fran- cisco and the mines. Here was he wont to extend an unstinting hospitality to all. The immigrants found him ever ready to hold out the right hand of fellowship, to fill 462 History of Alameda County, California. their exhausted larders, and otherwise aid them with practical knowledge of an unknown country. This discovery of gold was also the means of bringing to him communication with people speaking his native tongue, and brought him forcibly back to his youthful days. The first landmark of these post-halcyon days that we have been able to discover was erected in the year 1849, on the site of the Mountain House, not far from the spot where the three counties of Contra Costa, San Joaquin, and Alameda come to a point. It took the form of a " Blue Tent," and being on the direct road to the mines was opened and kept as a house of entertainment by one Thomas Goodale, or Good all. Here McLeod's stage from Stockton changed horses, while for ten years it was a kind of special camp for stockmen, rancheros, and immigrants. Goodale, or Goodall, subse- quently constructed an adobe house, in the building of which he employed Indians, and this edifice Simon Zimmerman occupied for twenty-seven years, when he added to it in 1868, by putting a frame building in front thereof, finally, however, pulling it down and erecting the residence now occupied by him on its site. Other than Good- ale, we cannot find that the population was in any way increased in the memorable year of 1849. Of the events that occurred in the year 1850, save that there was a small augmen- tation to the number of settlers, there is nothing to relate. In April of this year, Augustin Bernal brought up his family from Santa Clara County, built an adobe house, that now in the possession of Captain Chadbourne, on the west side of Laguna Creek, and there took up his residence. About the same time Michael Murray, after whom the township is named, located near where Dublin now stands, built the house and planted the orchard now owned by John Green, while with him came one Jeremiah Fallon, who settled on the place now occupied by his widow, in the Amador Valley. Also in this year there came to the township four brothers named Patterson and located in what is known as Patterson Pass. One of these, Nathaniel Greene Patter- son, still a much respected resident of the township, perceiving from the great amount of travel on the road the necessity for a hostelry, conceived the idea of opening an hotel; for which purpose he rented the Livermore adobe and started the first permanent house of entertainment in the district. In this year, too, Jose Sunol came up to reside on his father's possessions, while there also dwelt there as major-domo an old Mexican named Diego Celaya. The house occupied was situated on what is now the land of Mr. Ruggles, a portion of the building being used as a kitchen. In this year we also find Joshua A. Neal as a resident major-domo for Robert Livermore, while it is thought that it was in 1850 that A. Bardellini, the subsequent proprietor of the Washington Hotel in Livermore, first cast his lot in the district. The year 1 85 1 is noteworthy as that in which the first frame building was erected within the boundary of the township. During that spring such a structure was built by Robert Livermore, the lumber therefor having been brought from one of the Atlantic States around the Horn to San Francisco and thence transported with much difificulty to its future resting-place. Seven hundred dollars was paid for its construc- tion, the carpenter work being done by John Strickland and John Teirney. A portion of the building is still standing and is known as the "Old Livermore House." At this period more people commenced to settle than had done so formerly, among those being- Murray Township. that worthy gentleman and scholar, John W. Kottinger. From this pioneer, with whom we had a most interesting conyersation and from whom we gained much valuable information, we learn that he came to the township in the month of August, 185 1, and found already located an Englishman named Strickland, presumably the one already mentioned, lived five miles from Pleasanton on the El Valle Creek; near to him dwelt a trapper and hunter named Cook, and Francisco Alviso resided on the eastern bank of the Laguna Creek. In this year also, Juan P. Bernal commenced building his residence on the east side of the Laguna Creek and completed it in 1852, it being the habitation lately occupied by Joseph Black. On the bank of the stream known as the Old San Joaquin, in 185 1, Thomas McLaughlin located, he being still a resident there engaged in fishing, while about that time, or shortly thereafter, Edward Carroll and a man named Wright took up a claim in the section known as Corral Hollow, where also in the same season Captain Jack O'Brien, commenced sheep-raising. Alphonso Ladd and his family also settled in Sunol Valley in 185 1, where he built a two-story frame building, which he occupied until removing to and founding Ladds- ville, the eastern portion of the present town of Livermore, while Mr. Kottinger built unto himself the frame building now standing on the .east side of Main Street, in the village of Pleasanton and occupied by Henry Strang. Thus are we brought to the year 1852, one which saw the acquiring of a vast tract of land by American capital, for it is at this period that J. W. Dougherty came to the township and purchased the lands of Don ]os6 Maria Amador, which still remain in the hands of his son. Mr. Dougherty was a native of Tennessee, and as we have elsewhere said occupied the original Amador ''adobe" until its being rendered uninhabitable by an earthquake. In this year, too, the Senors Lorenzo and Juan Sunol moved up into the Suilol Valley. These gentlemen were nephews of the •grantee, and resided there for only about four years. The year 1853 is' a momentous one' in the annals of the district now under con- sideration, for on January 6th it received its baptismal rites and by metes and bounds became an accomplished fact as Murray Township, what these boundaries were will be found on page 171 of this work. On that same date Robert Livermore was appointed Supervisor for the township. During that year (perhaps in the following) Greene Patterson erected a frame house about two miles southeast from where the town of Livermore now stands, while about the same time R. W. Defrees built and opened a caravansary on the main road about one mile west from the residence of Mr. Livermore. Not long after — in the same year — ^Thomas Hart came to the district, was employed by Livermore for some time, and in 1854 bought the hostelry mentioned above and called it the " Half-way House," it being popularly supposed to have been equidistant between Oakland, Stockton, and San Jose. Here Hart resided until i860, when he removed to the town of Livermore, whera he died in 1871. Among the settlers who came to the township in 1853 we have the name of John Whitman, who with his family took up his residence on the west side of Laguna Creek on land near Pleasanton now owned by Charles Duerr. In 1854, during the autumn, Richard T. Pope came to the township, settled on part of the ranch now owned by J. P. Smith, and there engaged in stock-raising for eleven years, when, disposing of his property, he moved to the location he now occupies. Mr.. 464 History of Alameda County, California. Pope says that when he came to the township he found Messrs. Grover and Glascock occupying a portion of the ranch where Mr. Smith now is; Ben. Williams was also living there; while John G. Griffith was on the place now owned by Mr. Black. In this year J. West Martin and others came to the section of country near Pleasanton and were the first to embark in farming upon a considerable scale two years later on the land now occupied by Abijah Baker. In the Spring of the year Simon Zimmer- man located at the Mountain House, where he now resides, on the Stockton road fourteen miles from Livermore, but as we have already told the tale connected there- with we need not further trespass upon the time of the reader. In 1855 Hiram Bailey, a carpenter, came over to Livermore Valley from Contra Costa to erect a dwelling-house for Joseph, son of Robert Livermore, in the eastern end of the valley, and here has he since made his home. In or about this year, or early in 1856, Frank Heare came to the place now known as Midway and settled in what was called the " Zinc House;" while F. W. Lucas it is said settled near Mr. Pope. It has been estimated that at this period there were fully fifty thousand head of cattle and horses in the township, besides immense bands of sheep in the hills and mountains. Very few attempts at agriculture had been made, it being generally believed that the soil would produce nothing but grass. At Livermore's place, Alisal (Pleisanton) and Amador's both grain and vegetables had been raised, but in a very sm ill way. Everybody in the valley was interested in stock-raising, and no other industry was in operation, nor hardly thought of In the year 1856, however, the first blow toward the complete revolution of the industrial interests of the district was struck. Joseph Livermore had some time previously fenced a hundred-and-sixty-acre field on the Pocitas Grant, including a portion of the ranch now owned by Almon Weymouth, and that year sowed the same to wheat. This was the first field of grain ever raised in the Livermore Valley. In this year among the new-comers we have the names of Thomas Rafferty, J. L. Bangs, and Michael McCollier, while to this year is also the honor of seeing the first educational establishment in the township terected. It was placed about three-quarters of a mile south from Dublin and was first taught by M. G. Higgins. In the Spring of 1857 Joseph Black and two brothers named Carrick began raising wheat in the west end of Livermore Valley, the first-named gentleman putting in four hundred acres on the ranch of Jeremiah Fallon and the brothers a like amount on the Dougherty estate, adjoining. In the Summer of 1857 Robert Livermore began sinking an artesian well near his residence. George Duel, a traveling well- borer, had charge of the work, which lasted seven months, and, owing to the high charges for labor and prices of material at the time, cost a very large sum A depth of about seven hundred feet had'been reached at the time of Mr. Livermore's death- at which period the work was abandoned. At that sounding the water came within ten feet of the surface. A cross-pipe was put in and a flowing stream of water brought out on the hill-side below the house. The cost of this well (which is still flo ^ was not less than five thousand dollars. The year 1858 is a sad one in the history of Murray Township. Robert Li more, the pioneer par excellence of that district departed this life on the fourtee tli Murray Township. 465 day of February. For over a quarter of a century had he dwelt within the hill- begirted valley which took his name, beloved and honored by all with whom he came in contact. A sturdy and adventurous argonaut he wrested that beautiful vale from the possession of the wily and murderous savage and paved the way for the onward march of civilization. The level plains where his countless herds stood to the breast in wild oats and clover, and the ribbed foot-hills, which offered him safety when pur- sued by the savage and relentless Indian foe, know him no more. Savage and herds have disappeared, never to return. Civilization has come and peopled the wilderness as with magic wand. Livermore was a good, brave, and enterprising man. Sur- rounded as he was by a class to whom the word "enterprise," or its signification, was almost a stranger, he displayed that quality to a most remarkable degree. Thousands upon thousands were spent by him upon improvements of which another man in his position would never have thought. His house was always open to the traveler, and many are now living who can testify to his hospitality. Then, all honor to Robert Livermore; and let his name endure in the hearts of the people as long as lasts the beautiful valley he loved so well. In the fall of 1858 Supervisor John Green came to the township and found, near where Dublin now stands, Edward Horan on a portion of the Dougherty property; four miles to the eastward lived William Murray, while about the same time John Martin and his family came up from San Mateo County and located among the rolling hills about a mile and a half from Dublin; and not long after James F. Kapp and Robert Graham settled in the township. Among those who arrived in 1859 was Adam Fath, who located on land now owned by Charles McLaughlin, about six miles from Livermore, while in this year year the first church in the township was erected in the neighborhood of Green's Hotel, in Dublin. In the year i860 Mr. Zimmerman started a school in his residence already men- tioned, which was first taught by Miss White. The following year, however, it was transferred to a position on the plain about two miles and a half north of its former locale, but still bears its original euphonious name of Mountain House. In this year Lysander Stone and William Meek came to the township, while it was in i860 the first tov.m in Murray Township was started. This is the hamlet of Dublin, whose history will be found further on, and which had the honor of harboring Michael Murray and J. W. Dougherty for several years. In the year i860 Hiram Bailey sowed eighty acres of wheat on the Positas Grant, three miles north of Livermore, and in the same year Joseph Black rented four hundred acres from Dougherty in addition to that he was already farming on the Fallon Ranch. In that year, also, S. B. Martin, who had in 1854 purchased the Santa Rita Rancho, increased his sowing area by several hundred acres. During 1861 the acreage of sowed land was increased by Alexander Esdon by a thousand acres, situated next to Joseph Black's place on the Dougherty estate, while Hiram Bailey, too, added to his farming operations. In 1862, when Charles Hadsell came to the Sunol Valley, he found the old por- tion of the house in which he now resides, but a short time before evacuated by Nar- cisco, son of. Don Antonio Sunol, but it had been previously occupied by the eldest 460 History of Alameda County, California. son, who was murdered, in the spring of 1855, near the Mission San Jos^. The Argenti Hotel was then kept by a Frenchman named Bertrand. George Buttner Hved where he does at present, while Samuel Bonner resided near where Sunol Station now is; farther down the Laguna Creek was Isaac Trough, and not far from him was a man named Higgins. In this year wheat-raising was in full progress in the west end of Livermore Valley; fences sprung up everywhere, stock was crowded up towards the Livermore Ranch (which was then thought unfit for agricultural purposes) and flour- producing grain became an established fact, the yield, in many instances, being enor- mous, while the general average was about a ton to the acre. The number of cattle was still on the increase, there being in that year no fewer than eight thousand head of calves branded on the rancho of the Bernals. In 1863, of the settlers who came to the township we have been enabled to learn of John Booken, Amos S. Bangs, and Maas Lueders. In 1863-64, that commonly known as the "dry year," two brothers named Bean farmed about four hundred acres of the Bernal Grant, two miles southeast of the Livermore House, where the yield of grain was immense. At this period, too, John W. Kottinger sold some lots where now is the town of Pleasanton, to Jake Teeters, William Whittner, and Doctor Goucher, who at once built houses and started in their several occupations of blacksmith, carpenter, and medical practitioner. In the year 1864 that excellent citizen and pioneer of '1846, William M. Menden- hall took up his abode near Livermore, where he has since resided — one of its fore- most residents; and in this year the Pleasanton School, which stood to the south of Mrs. McLaughlin's house, was opened, under the tuition of a Mr. Powell. This year George May purchased a ranch on the grant near the east end of Livermore Valley, and put in two hundred acres of wheat, which produced an enormous crop, although scarcely any one had faith in the experiment, while that same season Richard Threlfall of Centreville leased four hundred acres adjoining Bean's, from which he had a large yield. Encouraged by these results the sowing season of 1865-66 opened auspiciously, while the demands for land largely increased. Threlfall sowed one thousand seven hundred acres in the eastern end of Livermore Valley, belonging to Francisco Auro- coechea; Alexander Esdon bought six hundred acres of the Rancho el Valle-de San ]os6, or Bernal Grant, adjoining the ranch the former had farmed during the pre- vious year, and sowed it all. He also farmed a large tract on the Dougherty property, thus making his lands under crop that season twenty-eight hundred acres. In this year a school was opened where now stands Scott's store, near Sunol, under the direc- tion of Mrs. Sam. Brown, while among those who arrived and made their permanent homes within the limits of the township, we have the names of Doctor I. N. Mark, Frederick and Charles Rose, Martin Mendenhall, Hugh Dougherty, and Peter McKeany. Thus far is it our intention to bring the settlement of Murray Township. We think the chief points in its history have been attained, and iivith considerable correct- ness, be it for the reader to indorse that statement. The large yield produced by the lands above enumerated, which only a few years before had been deemed worthless, except for pastoral purposes, could not but induce Murray Township. 467 a large immigration. Settlers came in great numbers, and either by purchase or pre-emption located in the district in every direction. There. was one drawback, however, to the immediate development and improvement of the country; this was the uncertainty of land titles. The chief cause of this was doubt regarding the boundaries of the Positas or Livermore Grant. The United States Patent, which was issued February i8, 1859, granted "two leagues, more or less," within certain boundaries. The limits described, however, contained upwards of eleven leagues, which amount was claimed by the heirs of Robert Livermore. On March i, 1871, this matter was definitely set- tled by the approval of the second Dyer Survey (two leagues) by the Commissioner of the General Land Office at Washington, in accordance with a decision by the Sec- retary of the Interior, a decision which threw open for peaceable pre-emption a large extent of country, and, coming as it did immediately after the completion of the railroad through the valley, resulted in bringing in a large population. Towns sprung up as if by magic; every year widened the extent of the grain-fields, and witnessed the building of new homes. As will always follow, the stock interests had given way before the plow of the sturdy husbandman, and the hut of the Mexican vaquero was supplanted by the cozy cottage of the tiller of the soil. The lover of the beautiful in Nature can spend many delightful days in Murray Township and its canons. Here can be found every variety of scenery, from the broad but quiet panorama of valley and foot-hill to the wild, rugged mountain gorge hemmed in by ridges a thousand feet in height, and adown the bed of which, at times during the winter months, roll torrents of water in many a beautiful cascade. Altamont. — This hamlet is situated some eight miles east of Livermore and is on the line of the Central Pacific Railroad. It derives its name from its position in the Livermore Pass, it being seven hundred and forty-nine feet above the level of the sea. When William H. Wright came there and settled, in the fall of 1869, he found an hotel, kept by Edward Hobler, about a quarter of a mile above the present site of the village, and which had been built in the spring of 1868. Of the residents in the vicinity at the time there were John Campbell, a quarter of a mile below the village, where he located in 1868; E. Cockerton dwelt where he does now, about a mile and a half to the northwest, who also came in 1868; near him resided Nicholas Shearer, who afterwards lost his life in the Modoc war; there was no house between Altamont and Livermore; Alexander McKelvey lived on the place now occupied by Thomas Ryder, while near to them was Thomas Gunn. Before 1868 there was no agricultural farming in the section, the land being almost all taken up by sheep runs, among the sheep-raisers being Charles Hobler, now a wealthy resident of Fresno County, who commenced that pursuit in 1864. The store in the hamlet was opened by William H. Wright, in 1872, and during the same year he put up his dwelling-house. In 1870 the school house was erected, since when it has been considerably enlarged, the first teacher being Miss Lelia Stone; while the same year saw the erection of the depot, which was placed under charge of E. Bridgeman. Altamont consists of only about a dozen houses, but in its neighborhood is an extensive and excellent quarry of building-stone, which only needs development to 468 History of Alameda County, California. become extremely valuable. The little hamlet is situated in the midst of an undu- lating country, capable of the highest cultivation. Dublin. — This village is situated on the main traveled road between Oakland and Stockton, and about nine miles due west of Livermore. Here it was that Don ]os6 Maria Amador erected his adobe, which afterwards passed into the hands of J. W. Dougherty; and here also was it that Michael Murray, the godfather of the town- ship, pitched his tent. Other than these residences, the first house built in the hamlet was by John Green, who opened a store in i860 on the site now occupied by the Amador Valley Hotel, and where the stages running between Oakland and Stockton, and San Jose and Martinez, changed horse.s. Six months later Scarlett & Grandlees put up what is now Marsh's Hotel, and thus the little village had its start. Here, in 1856, the first school in Murray Township was opened, and here the Roman Catholic denomination built, in 1859, a commodious church, near which is the only Catholic cemetery in the township. At one time Dublin was a place of considerable business activity, but the building of the railroad drew trade away from it, and left it naught but its departed glories. The soil in the vicinity possesses great fertility, there being within a few miles of the village several thousand acres of as rich land as is to be found on the Pacific Coast. It is not precisely known how this place got its name. We fail to find a stream running through its center answering to the Liffey of Ireland's capital. It is said that in this locality most of the early settlers hailed from the " Green Ould Isle," and thus the only two clusters of houses were respectively named Dublin and Limerick (San Ramon) by the facetious American, but, viutato nomine — the name being changed — the first is occasionally called by the possibly less Hibernian cognomen of Dougherty's Station! Livermore. — With hills on every side and planted in the heart of the valley of the same name, stands the town of Livermore, which needs no spirit of prophecy to say whence came its title. Here have we truly a large inland city 'in embryo, and on every hand the necessary desiderata to make it so. It is located partly on two grants — the Las Pocitas and El Valle de San Jose — and sprang into life in the year 1869 with the advent of the Central Pacific Railroad. A portio.n of it known as Ladds- ville was a town before then; it is our purpose now to commence with its foundation. We have already shown that in the year 1850 there came to the township and settled in the Sufiol Valley one Alphonso Ladd. In the spring of 1864 he pre- empted a quarter-section of land near the " Old Livermore House," and on it erected for himself a small dwelling, which was the initial building in the place called Ladds- vilie, and within the limits of the present town of Livermore. Later he commenced the construction of an hotel, the lumber for which he brought from Mowry's Landing and completed it that fall. This was a fine frame building, costing a good deal of money. It, however, fell a prey to the devouring element during the year 1876, leav- ing naught but blackened ruins to mark its site. Having thus formed the nucleus of a town, he soon found neighbors. In the month of September Adam Path built a dwelling-house not far from Ladd's, and occupied it, while, in a short time after, a Murray Township. 469 Spaniard named Alexander Mesa opened a saloon, that accessory to a rising place thought more necessary than church or school. The first store was started in the winter of 1865, by Henry Goetjen, who built a little house on the side of the ri.sing ground above Ladd's, and he was followed in the next season by a blacksmith from Haywards, who set up his shop near to him. At this time, 1 866, it was found necessary to do some- thing by way of educating the rising generation, therefore a subscription was raised, a school district organized, a school house built, and Miss Weeks placed in charge thereof In that winter, December 1866, the first free or public school was opened with J. M. Ginn as teacher. In 1867 Mesa's house was bought by Ladd, who moved it into the town, and the following year R. W. Graham, of Haywards, erected a large building near Ladd's Hotel, and commenced operations in it as a dealer in general merchandise, where he also conducted the first post-office. Next came the Italian restaurant of Anton Bardellini, and about the same, time a man named Elliott opened a livery-stable. Israel Horton then built the first house used exclusively as a dwelling, while it was quickly followed by the store of Joseph Harris, the drug-store of Knight & Sproul, Booken's saloon, and other buildings. In 1868 Beazell & Crowell erected their blacksmith-shop, which was followed soon after by the residence of A. J. McLeod. The first child born in Laddsville was Elsie, daughter of Israel Horton. Above we have tried to enumerate the first buildings on what is now the south side of the railroad track, and tlie McLeod addition of the town of Livermore. Let us no\^ turn to the growth of that tov/n itself During the summer of 1869 the line of the Central Pacific Railroad was pushed through the valley and the first depot located about half a mile to the west of Ladds- ville, the first train having made its appearance in August of that year. In the pre- vious July William M. Mendenhall, already mentioned as a pioneer of pioneers, own- ing a large tract to the west of Laddsville, presented twenty acres to the railroad company, on which to place the depot, and had a town site surveyed, which he called Livermore, in perpetuation of the name of the hardy old settler. This was the sig- nal for a grand building excitement, the first to commence being C. J. Stevens, who constructed his grist-mill there in the year 1869. This enterprise, which was origi- nally started in Union City, or Alvarado, at a very early date, had its day of useful- ness,and was burned to the ground on the night of October 16, 1882 Mr. Stevens' action was quickly followed by the store of A. J. McLeod, now occupied by his sons, the Livermore Hotel, R. B. Campbell's private residence, and others, such as Mendenhall's ware-house, and Whitmore's store. In the following year, 1870, a piece of ground situated on the Arroyo Mocho was donated by W. M. Mendenhall for the purposes of a collegiate institution, which was erected in the same year with the style of the " Livermore Collegiate Institute," which is justly a pride to the inhabitants, and of which an interesting history will be found elsewhere, while February 12, 1 871, saw the organization of the " First Presbyterian Church of Livermore," with the appoint- ment of Daniel Inman, W. B. Kingsbury, Jesse Bowles, F. A. Anthony, and, Hiram Bailey as Trustees. In the month of November of this year the fiery fiend laid low the principal portion of Laddsville, which caused the business of that place to be transferred to the tiew to Appeal from Third District Court. "Carpentier. j "Thompson, Irving & Pete, for appellant; "Justice Baldwin delivered the opinion of the Court, Chief Justice Terry con- curring. " This is a bill in equity filed by a municipal corporation to set aside a contract or lease made of certain franchises and real estate. The bill charges that the city of Oakland is the legal successor of the town of Oakland by Act of the Legislature passed March 25, 1854; that the town of Oakland was incorporated by law on the 4th of May, 1852, and, by the same Act, was vested with a title to certain lands compris- ing the water front within the corporate limits; also, with certain privileges touching the erection of wharves, docks, etc.; that by the Act incorporating the town of Oak- land, the corporate and municipal powers were lodged in a Board of Trustees to con- sist of five members, whose election was given to the qualified voters of the town, the election fixed on the second Monday in May in each year, and the term of office one year, and until their successors were qualified; that an election for Trustees occurred in pursuance of the Act, but only four of them qualified as Trustees; and, at a meeting of the four persons so elected and qualified, a resolution, purporting to be an ordi- nance, was passed, whereby the Trustees pretended to convey to one Horace W. Car- pentier and his representatives the exclusive right and privilege of constructing wharves, piers, and docks at any point within the corporate limits of the town of Oakland, with the right of collecting wharfage and dockage as he might deem reason- able, upon certain conditions expressed in the ordinance; that by this pretended ordi- nance, and for the considerations therein set forth, a pretended grant was made to the said Carpentier and his assigns or legal representatives, with all the improvements, rights, and interests belonging to said town, in and to the lands lying within the limits of the town of Oakland ; that Carpentier afterwards, by fraud, procured certain men to be elected again as the Board, who ratified this contract; that the first ordi- nance was fraudulent, Carpentier having procured himself to be elected Trustee for the purpose of getting it and having his agents on the Board of Trustees. Various other charges of fraud are made, some of which will be noticed in the course of the opinion. " The defendants filed a demurrer to the bill. The ground is that it does not 512 History of Alameda County, California. state facts sufficient to show a cause of action, and that the claim of the plaintiff, as stated, is barred by the statute of limitations. Final judgment was rendered on the demurrer in favor of the defendants, the plaintiff declining to amend his bill. " Several important questions are raised by the record. "I. Had the Trustees of the town of Oakland power to grant to Carpentier the exclusive right and privilege of constructing wharves, piers, and docks at any pomt within the corporate limits of the town, with the right of collecting wharfage and dockage, at such rates as he might deem reasonable, for the period of thirty-seven years? "The charter of the town of Oakland is to be found in the Acts of 1852, page 180. By section third of that Act it is provided: 'The Board of Trustees shall have power to make such by-laws and ordinances as they may deem proper and neces- sary: to regulate, improve, sell, or otherwise dispose of the common property; to pre- vent and extinguish fires; to lay out, make, open, widen, regulate, and keep in repair all streets, roads, bridges, ferries, public places and grounds, wharves, docks, piers, slips, sewers, wells, and alleys, and to authorize the construction of the same, and, .with a view to facilitate the wharves and other improvements, the lands lying within the limits aforesaid, between high tide and ship channel, are hereby granted and released to said town; provided that said lands shall be retained by said town as com- mon property, or disposed of for the purposes aforesaid; to regulate and collect wharf- age and dockage; to secure the health, cleanliness, ornament, peace, and good order of said town; to organize and support common schools; to license and suppress dram- shops, horse-racing gambling-houses, and houses of ill-fame, and all indecent or immoral practices, shows and amusements; to regulate the location of slaughter- houses, stables, and places for the storage of gunpowder; and to pass such other laws and ordinances as, in their opinion, the order, good government, and general welfare of the town may require.' "The rules in relation to the construction of charters of corporations are familiar. They are special grants of power, emanating from the paramount authority. The corporation owing its existence to the law, is precisely what the law makes it. It has no powers except those expressly given, or which are necessary to the exercise of those expressly given. The general legislative power residing in the State Government may delegate to a municipal government some portion of its own powers; but those grants are held in subordination to the general power, and are not construed as taking from that Government any other powers or rights than those clearly granted. These dele- gated powers, given for local objects, are regarded as trusts confided to the hands in which they are placed, and are not subject to be delegated by the repositories of them. To ihis Board of Trustees, as has been seen, was given power to 'lay out, make, open, widen, and regulate, and keep in repair all streets, roads, bridges, ferries, public places and grounds, wharves, docks, piers, slips, sewers, and alleys, and to authorize the con- struction of the same.' Under these general terms it is claimed that this Board had a right to authorize Carpentier to enjoy the exclusive privilege of laying out, estab- lishing, and constructing wharves within the city at pleasure, and fix the charges, for a period of thirty-seven years. It is not difficult to see that such a construction is not warranted by the provisions of this Act. The charge in the bill is not that Carpentier '^-^ 'r(^, ^3 Oakland Township — City of Oakland. 513 agreed, or was allowed, to construct a wharf, or any number of wharves; that by con- tract he was authorized and bound himself, on certain terms and conditions, to do this; but that to him, in exclusion of the right of everybody else, and of the corporation itself was imparted the sole privilege, not only of constructing all wharves," but of lay- ing out, establishing, and regulating them too. This amounts, not to the grant of a license or privilege to erect a wharf, or all the wharves, laid out or ordered by the Council, but the grant of an exclusive right to lay out and construct them at his own convenience, in his own way, and to hold and use them on his own terms; and if he did not choose to exercise this privilege, the corporation is prevented from giving the privilege to any one else; and so of docks, piers, and the like. If, by a sweeping ordi- nance of this sort, an exclusive and comprehensive privilege like this could be given to Carpentier, it is hard to see why the opening, repairing, and regulating of streets and roads should not be given to him exclusively, as a privilege with the right to charge and collect what tolls or charges for using them he might please, since, as has been seen, the very same words apply to these public easements as to docks, and piers, and wharves. We do not regard this ordinance as an exercise of a power under the charter, but as a transfer of the corporate powers intrusted to this Board, to this favored grantee. What power of regulation is left, after an unconditional grant of the exclusive privilege of all the wharves, and docks, and piers, and a lease for thirty- seven years of all the lands, and a right to fix such tolls as the grantees please, and this without any obligation to build or construct any, it is not easy to see. If the grant had been to the city of San Francisco, in the same words, and the city authori- ities had granted the exclusive privilege to one man to construct all the wharves along the line of the bay, and fix his own toll, we suppose no one would question that the grant exceeded the powers of the agents of the corporation. "The general power over the wharves and docks is like the general power over the streets and highways. The corporation must exercise the general powers which the term 'regulate' implies. This general power involves the determination of the questions whether a wharf shall be constructed, when, how, in what places, on what terms, how kept, and what charges shall be exacted for their use. These police regulations are essential to the interest of the city, its commerce, its health possibly, certainly its convenience and general prosperity. It might, as we have intimated, just as well be said that the Board could by ordinance delegate to Carpentier the power of opening all streets and alleys anywhere in the town, where he chose, or widening them where he chose; to run an alley through any one's lot, or to make a sewer near any man's door, at his pleasure; but it would be rather a startling proposition to say that he would hold — through an ordinance — the exclusive privilege to do all these things, and charge for them what he chose, and that no one else — nor the town itself — had any right to do any of them. And the same reason precisely which denies the power to make this grant, applies to the grant of the exclusive privilege of construct- ing all the wharves he may choose, he determining, of course, where these wharves shall be, the number, the dimensions, the kind, the toll, and every matter concerning them — comprehended with the term 'regulation.' The reason is that this power of regulation is a political power, and therefore the transfer of it is the transfer of a power of municipal legislation; which authority is not, in its nature, alienable. It is ^1* History ok Alameda County, California. not the transfer of so much property; it is the transfer of a power to create, and con- trol, and regulate, a certain species of franchise, the creation, control, and regulation of which are powers of the political department. It is no answer to say that after a wharf is constructed by the authority of the corporation, it might be sold as property: the reply to this is, that the establishment of it is of the promise of the corporation; and that it can no more give a general privilege to one man to establish wharves, when, where, and as he chos'e, within the limits of the city — the privilege being given for his own profit, use, and benefit. " The principle upon which these general views rest, has been fully supported by the United States Circuit Court for the districts of California, in the case of Minturn vs. Larue* (i McAll. 370), involving the construction of this charter. "The former is given the Board 'to regulate and collect wharfage and dockage;' but this power is not exercised, but ceded, by a grant allowing the grantee to regulate it as he pleases. " It will not do to say that the lands lying between high tide and ship channel are ceded to the city; this does not deprive the argument of its force, that the establish- ment of wharves, docks, etc., is one of its corporate powers, and that no wharf can be so constructed, unless each wharf be so laid out by the order, or with the leave of the corporation — which cannot be by the general session of a privilege to another to establish, when, where, and how he pleases. We understand the Supreme Court of Massachusetts, in Fay, Petitioner (15 Pick. 256), to intimate this doctrine, when it is said — speaking of the right of the city of Boston to grant a ferry — 'Even if the city, by their authorized agents, had made a grant of a ferry or other franchise, claiming to be owners thereof, with express or implied covenants for an exclusive enjoyment of such franchise, this would not prohibit or restrain the Mayor or Aldermen from exer- cising the powers vested in them by statute, to license a ferry required by public con- venience and necessity. Such authority is vested in them as Trustees for the public, to be exercised for the public good, and cannot be restrained by the covenant of the city, though such covenant happens to be executed by the same agents.' But how much stronger would have been the statement of the venerable Judge C. J. Shaw, if in that case a general grant had been made of the exclusive privilege of establishing all the ferries on a river, or between the shores of Boston and Chelsea, with the right to select the places at which to exercise the privilege, or, if exercised, to charge what ferriage they chose. This would be, not to make the grantee a license of a ferry right, but the assignee of the privilege of making arul unmaking ferry franchises at pleasure; indeed it would be transferring all the powers of government over the subject, to one individual. " We see no distinction in this charter between a wharf or dock, in or upon a navigable stream, and a ferry right or bridge. They are all of the same class of interests, and the same powers over all of them are given in the same words. " But if there was a difference, the charter giving the power of right and regula- tion to thi^ corporation over the subject, it is held as a political power, and must be exercised by those to whom it is confided. The power to lay out and regulate wharves being given to the Council, cannot be exercised by Carpentier. * This decision will be found in this chapter when treating the subject of ferries. Oakland Township — City of Oakland. 515 " We think, then, that this general grant of this exchisive privilege is wholly void, as exceeding the powers of the corporation; and that the plaintiff, the successor of the old town, has a right to come into equity to remove this impediment, constituted by these proceedings, from the free and beneficial exercise of its corporate functions and property. The plaintiff stands here as a Trustee, administering important trusts, and charged with responsible duties to the public, which cannot be safely discharged so long as doubts hang upon its title to property, and to the exercise of its control over its franchises; and, like any other Trustee, has the right to seek the aid of equity to remove obstructions to the performance of its duties. It is difficult to see how else the plaintiff could vindicate its right. The claim of the defendants is in this case incorporeal. They assert that certain franchises have been ceded to them, and that the plaintiff has parted with them; the plaintiff, claiming only to hold these franchises and the administration of them in trust for the public, would be without any relief, if equity could not aid in removing this difficulty; for it could neither build wharves nor authorize others to build them, as long as its powers and rights were denied. Nor do we perceive what form of legal action would give an adequate remedy. "This view disposes of the demurrer, for it is general — going to the whole bill; and if the bill contains in any part, a complete cause of action the general objection to it for want of equity, fails. " What effect the invalidity of this has upon the grant of the land, the bill does not enable us to determine. Neither the ordinance nor the deed is s'et out as they should have been in the bill. It is charged in the complaint, it is true, that the land between high tide and ship channel, and this exclusive privilege, were conveyed in the same instrument; but in what relation the land stood to this privilege, or what were the particular considerations or inducements to the grant of the land, we are not dis- tinctly informed. If the land were conveyed merely or mainly to give effect to this illegal purpose, probably the incident would fall with its principal. " The charter is, perhaps, the most defective upon the statute book, and this is saying a great deal. A perverse ingenuity seems to have been exercised to make it as lame and loose as possible. The joint labors of Malaprop and Partington could scarcely have made such a collocation or dislocation of words and sentences. Among other things, it gives the Board of Trustees power ' to license and suppress dram-shops, horse-racing, gambling-houses, and houses of ill-fame, and all indecent and immoral practices, shows, and amusements.' However general the words of this charter, the received rules of construction require us to construe them in reference to the substan- tive purposes expressed. The Act gives power ' to regulate, im prove, sell, or other- wise dispose of the common property; to prevent and extinguish fires; to lay out, make, open, widen, regulate, and keep in repair all streets, roads, bridges, ferries, public places and grounds, wharves, docks, piers, slips, sewers, mills and alleys, and to author- ize the construction of the same, and with a view to facilitate the construction of wharves and other improvements, the lands lying within the limits aforesaid, between high tide and ship channel, are hereby granted and released to said town, provided, the said lands shall be retained by said town as common property, or disposed of for the purposes aforesaid.' Now, looking into this jumble of incoherent and contradictory verbiage, the questions arise : To what ' other ' improvements besides wharves, was it 516 History of Alameda County, California. designed that this water front should be appHed ? or, what are 'the purposes aforesaid for which it might be disposed of, and how disposed of? It may well be doubted whether, under this charter, the Town Council, being bound to lay out and regulate these wharves, streets, and docks, an unconditional sale or lease of the land necessary to be ret uned, to accomplish and give effect to this power, could be made, especially if accompanied with this was a renunciation of all dominion or control over the land necessary for the site of these docks, streets, or wharves. But perhaps it is not nec- essary to decide these points now, as they can be presented more satisfactorily where the facts are better developed. " 2. It is contended by the appellant that this ordinance and deed are void, for the reason that the Board of Trustees were not legally organized; that though five were elected (Carpentier being one), all did not qualify; and that though a majority of the members of such a public body may act after the organization, it requires all the members to make the organization. "Section second of the charter is in these words: 'The corporate powers and duties of said town shall be vested in a Board of Trustees, to consist of five members who shall be elected,' etc. Nothing is said in this Act further, as to the number required or mode of corporate action. In the first section, the town is declared to be incorporated under the provisions of the Act of 1850, to provide for the incorporation of towns. (C. L. 114.) The third section of this last Act provides that the Board of Trustees shall assemble within ten days after their election, etc., and, section fourth : ' At all meetings of the Board a majority of the Trustees shall constitute a quorum to do business.' "We can see no reason for holding that a majority of the members elected to this Board should not as well be held empowered to act at the first as at any subse- quent meeting of it. " 3. The next question is as to the alleged fraud in procuring this grant by Car- pentier. Some astute and forcible criticism is employed by the counsel for the respondent upon the complaint. The facts are not as fully stated as is desirable in such cases. The complaint is defective in not averring fully the terms of the ordinance and the contract, and the particular injury resulting to the plaintiff from the alleged fraud; nor are the fraudulent practices of the defendent, Carpentier, in procuring the election of the first Board, or his procuring the election of the second, nor the circum- stances attending the ratification of the first contract, nor the promises or agreements made by him on or inducing the execution and delivery of the de^d fully set out. But as the bill may be amended, on the return of the cause, in these particulars, and as the general questions have been discussed, we proceed to consider them. " It is alleged that Carpentier procured men, who were his agents or conspirators with him, to be elected to this Board, for the purpose of getting them to defraud the town, for his benefit, of all this property and these franchises; and if he got himself elected to this place, in order to help the contrivance through, whether by his influ- ence, or by keeping out some one else who might have exposed the scheme, then this was sufficient to brand the whole transaction with illegality. Nay, more — if Carpen- tier put himself in the position of a member elect of this Board, neither resigning nor qualifying, and took advantage of this position to advance his personal interests, at Oakland Township — City of Oakland. 517 the expense of those of the corporation, this was a fraud for which a Court of Equity would hold him responsible. He would occupy the position, really, of a Trustee deal- ing for his own profit with the subject of the trust, and his conduct would be scrutin- ized with the jealousy with which equity regards the interested dealings of an agent with the principal, in respect to the subject of the trust. Nor would a ratification by a subsequent Board, if the members were fraudulently elected, or procured to be elected, by Carpentier, have any effect in validating the transaction. Carpentier could not protect this fraud by the sanction of his own associates united in effect, together, an illegal enterprise. " If these facts be made to appear, the statute of limitation would not begin to run until after the corporation thus defrauded got out of the hands of the confeder- ates, and an opportunity were afforded innocent agents, coming to the management of the affairs of the town, to look into and ascertain the true state of things. Knowl- edge on the part of the guilty agents of the corporation of the criminal fact is not notice to the corporation of such fraud, so as to give the advantage of this notice to the equally guilty associate of those agents. If this were the law, an agent could always protect himself by joining in a conspiracy to defraud his principal with a convenient friend, who received the principal's property, and who might claim against the principal that the agent had notice of the fraud. " 4. The next and last point is, the statute of limitations of three years applies and bars the claim of the plaintiff to set aside this deed. By article seventeenth, section seventeen (Wood's Digest, 47), is given the limitations of certain actions. The section is ' Actions other than those for the real property, can be commenced as fol- lows: * * * within three years. An action for. relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discoveiy by the aggrieved party of the facts constituting the fraud.' '• We think that this provision has no relation to an equitable proceeding to set aside a fraudulent deed or real estate when the effect of it is to restore the possession of the premises to the defrauded party. In such a case, the action is substantially an action for the recovery of the real estate; indeed, it is literally. Express fraud, gen- era'ly, as well avoids a deed at law as in equity, and it would be strange if, after three years, a party could set up the fraud in avoidance of the deed at law, and a different rule prevail in equity. This is really an action for the recovery of real estate, and the plaintiff is no worse off because fraud has been committed upon him, nor the defend- ant in any better situation than if the latter had innocently bought and entered under an imperfect title. " For the reasons assigned, the judgment below must be reversed and the cause remanded for further proceedings, in accordance with this opinion." On petition for rehearing, Judge Baldwin delivered the following opinion — Chief Justice Field concurring: — " Petition for rehearing denied. The opinion modified so as to leave open for future revision 'the question of the validity of the contract with Carpentier under the ordinance referred to in the opinion." 51B History of Alameda County, California. "City of Oakland ^ vs. V Appeal from Third Judicial District. "Carpentier. j " The facts are stated in the opinion. The case was before this Court at the April term, 1857, on appeal from an order sustaining a demurrer to the complaint,' a report of which will be found in 13 Cal., 154. A trial was subsequently had in the lower Court, resulting in a judgment to the plaintiff, from which the present appeal is taken by defendants." Chief Justice Field delivered the opinion of the Court, Justices Cope and Nor- ton concurring. "By an Act of the Legislature passed May 4, 1852, the town of Oakland was created a municipal corporation, the corporate powers being vested in a Board of Trustees, consisting of five members, to be elected on the second Monday of May of each year. By the third section of the Act, the Trustees were clothed with certain powers in relation to wharves, piers, and docks; and with a view to facilitate the con- struction of wharves and other improvements, the town was invested with the title to lands within the corporate limits lying between high tide and ship channel of the bay of San Francisco. On the second Monday of the same month, pursuant to the Act of Incorporation, an election was held, and five Trustees were chosen. Of these only four ever qualified; and at a meeting of the Trustees, consisting of this number, an ordinance was passed granting, in its first section, to the defendant, Horace W Carpentier, and his legal representatives, for the period of thirty-seven years, the exclusive right and privilege of constructing wharves, piers, and docks at any point within the corporate limits of the town, with the right of collecting wharfage and dockage at such rates as he might deem reasonable, subject to certain provisions as to the erection of particular wharves, and the payment to the town of a certain percent- age of the receipts of the wharfage; and granting to him in its second section, with a view, as expressed therein, the more speedily to carry out intentions and purposes of the Act of Incorporation, and in consideration of a contract on his part to build a public school house for the town, all the land lying within the corporate limits between high tide and the ship channel. The ordinance also charged the President of the Board of Trustees with the duty of executing, on behalf of the town, a grant or con- veyance to Carpentier, in accordance with its provisions. Under this ordinance the President executed to Carpentier the grant or conveyance designated, reciting in the instrument the authority under which he acted. "In May, 1853, at the second election under the Act of Incorporation, five Trustees were again elected, and of them also only four ever qualified. The Board, consisting of the four who qualified, by an ordinance, passed in August, 1853, ratified and confirmed the ordinance of the previous Board, reciting that the consideration upon which such previous ordinance had been passed had been 'in chief satisfactorily paid and performed,' and also regranted to Carpentier, and his legal representatives, the water front of the town, with the right to erect wharves, piers, docks, and buildings at any and all points thereon not obstructing navigation. " By an Act of the Legislature, passed March 25, 1854, a municipal corporation by the name of the ' City of Oakland ' v.'as erected, and invested with all the rights, Oakland Township — City of Oakland. 519 claims, and privileges, and subjected to all the obligations and liabilities of the ' Town of Oakland.' The present suit is brought by the new corporation, and its object is to set aside and cancel the grant or conveyance to Carpentier, and enforce a surrender of the interests and property transferred, or claims to be transferred thereby. " The suit is, of course, for equitable relief, and the grounds alleged for the inter- position of equity are that the grant or conveyance was obtained by fraud on the part of Carpentier, and was made without authority on the part of the Trustees, and that it constitues a cloud upon the title of the city, and embarrasses her in the exer- cise of her legitimate functions. "The fraud alleged is that Carpentier obtained the Act of Incorporating the town of Oakland without the consent or knowledge of the people of the town, and for the purpose of acquiring .the franchises and lands subsequently granted to him; that at the election held under the Act of Incorporation he procured the election of himself and ' partners in land speculations ' as members of the Board of Trustees, and declined to qualify himself, in order to remove a legal obstacle to his obtaining the grant in question; and the conveyance to him by the President of the Board was according to an understanding with the Board, to be executed upon the delivery of a bond to reconvey the franchises and lands to the town when requested, but that it was obtained without such bond, upon representations that it was important to the interests of the town that it should be executed at once, in order to be filed before the Board of Land Commissioners, then in session, and that he would give the bond at some future period. No matters are stated in support of the allegation that he ' fraudu- lently procured the election of his tools and agents' in the year, 1853, when the con- firmation of the ordinance was obtained. It is very evident that the matters thus alleged, in order to taint and vitiate the ordinance of the Board of Trustees and defeat the grant to Carpentier, are on their face too vague and general to merit serious con- sideration. It is of no consequence whether the Act of Incorporation was procured with or without the knowledge of the people of Oakland. The validity of the public acts of the Legislature is in no respect impaired by the knowledge or ignorance of the parties who may be affected by their operation. And the general charges referring to the election of members of the Board of 1852 and of 1853, so far as the complaint is .concerned, rest in mere averment. And in relation to the bond for conveyance, which it is alleged Carpentier, by an understanding with the Board, vi^as to execute, it is sufficient to observe that the ordinance itself, to which the complaint refers, negatives any understanding of the kind. The allegations of the complaint are, as a whole, of so vague and indefinite a character that no relief can be based thereon. When the case was here upon the demurrer to the complaint, the Court observed that the alleged fraudulent practices of Carpentier, in procuring the election of the first, or of the second Board, or the promises or agreements made to induce the execution and delivery of the conveyance from the President, were not fully set out; but as the com- plaint might be amended on the return of the cause in these particulars, it proceeded to consider the general questions discussed by' the counsel. It is sufficient to say that the complaint was not amended; and aside from this consideration, the answer fully meets and denies the charges of fraud or fraudulent interest in the acts of Carpentier; and what is of more consequence, the charges are wholly unsustained by the proof 520 History of Alameda County, California. " Stripped of the charges of fraud, the whole claim for equitable relief falls to the ground. The grant was either valid, or void, or voidable. If valid, as contended by the counsel of the Respondent, there can be no occasion for the interference of a Court of Equity. If void, the condition of things — of the rights, privileges, and estate of the city — remains as though no transfer had been attempted. No cloud is cast upon the title, and no embarrassment can attend the exercise of her legitimate func- tions. She has only to proceed and assert her privileges and claim her interests, and whoever interferes with them will be a trespasser. If, however, the grant is only voidable, and not void, the plaintiff seeking th; aid of a Court of Equit)^ by doing equity — that is, she can only obtain relief from the acts of agents of the town, by tendering compensation to the defendant, who has relied upon them, for his expend- itures. One of the counsel of the plaintiff, in a brief exhibiting ability and learning, takes the same position, in answer- to the defendant, who urges his principle against the relief prayed. ' The principle invoked,' says the counsel, ' is not applicable to a case like the present. It is a rule only in cases where a plaintiff is -in Court seeking to set aside some act or contract voidable, but not void, as for fraud, mistake, etc. ; or to rid himself of a liability, otherwise valid, upon a ground which is against good conscience, and not favorably regarded in equity, as usury, gaming, etc. Here our case is that there never was a grant, contract, or act of any sort, o.i the part of the town, whatever might have been attempted by her unfaithful agents. As already remarked, she was an artificial being, endowed by the law of her creation and existence with certain limited functions, and utterly incapable of acting or even of being beyond or against these, to any intent or purpose whatever.' "The conclusion which follows from the views we have expressed is evident. The charges of fraud, as a ground for the equitable interposition of the Court, are fully answered, and must be left out of the case. If the ordinances of the Board, granting the franchises and lands to Carpentier are void, there is no occasion for the interference of equity. If they are only voidable, that interference cannot be invoked until equity is done by the party claiming it — that is, by placing or offering to place the party relying upon the acts of the agents of the town in the same position which he would have occupied but for his reliance upon their validity. These views dispose of the case, and render it unnecessary to consider the other point made by the appellants. " The Judgment of the Court below must therefore be reversed and that Court directed to dismiss the suit, and it is so ordered." The Plaintiff filed a petition for a rehearing, upon which Justice Norton deliv- ered the opinion of the Court — Chief Justice Cope concurring. "The plaintiff asks a rehearing in this case, upon the ground that when the case was before this Court on a former occasion, it was decided: first, that the action could be sustained without an offer by the plaintiffs to do equity; and, second, that although the transfer to the defendant was void, it was a proper case tb ask the transfer to be set aside by the equity powers of the Court, and that these decisions have become the law of the case and cannot now be reversed. " In the former decision the complaint was held to be sufficient, upon the ground Oakland Township — City of Oakland. 521 that the transfer was absolutely void. Nothing was said as to whether it would have been sufficient without an offer to do equity, if the court had considered the transfer not void, but only voidable. Afterwards the opinion was modified, by reserving for future revision the question of the validity of the contract with Carpentier. This was a reservation of the whole question as to its validity, as well whether it was voidable as whether it was void. The question whether or not the transfer was voidable being thus withdrawn, no decision can be inferred as to what would have been necessary to render the complaint sufficient, in case the Court should consider the transfer- only voidable. " It may be argued that when this question was withdrawn from the opinion, there was no ground specified in the opinion upon which the decision was made, but it' may be so, it does not follow that the decision necessarily involves a determination of a question which was not only not mentioned, but the basis for which was withdrawn from the opinion; and so, although it was said in that opinion that it was a proper case for equitable relief, considering the transfer absolutely void, yet when the ruling that the transfer was void was withdrawn from the opinion, the remark that it was a proper case for equitable relief became merely ' obiter ' and decided nothing. At most, it could be considered as only saying what would be the opinion of the Court in case, upon a revision of the question on some future occasion, the Court should hold the transfer void. Rehearing denied. Filed June 1864." It remains a mystery why it was that the city, by her attorneys, never amended the complaint referred to above. It is evident that the Court was on the side of the city, for it held that so far as the right of the question was concerned, the city was correct in its reasonableness. Had their pleadings been perfected and their case been properly conducted, there is but little doubt that the finding of the lower Court would have been sustained; but as it was the water front was given to Carpentier and the law to the city of Oakland. On August 25, 1863, we find it on record that D. P. 8e A. Barstow were paid fifteen hundred dollars for services as counsel in the case of The City of Oakland versus H. W. Carpentier, these rendered being: " Trying the cause in the District Court; settling statement for new trial and appeal; arguing cause in the Supreme Court and preparing and filing brief; the same extending over a period of two years." During the expiring days of the month of August an ordinance was introduced for the purpose of taking immediate action in the Courts to regain, if possible, the water front. The Council made arrangements with the late Hon. John B. Felton, then a lawyer of San Francisco, but the terms being illegal — that they should give and deed to him a certain portion of the public property — ^nothing was consummated, for such an act was especially forbidden by the charter. On March 5, 1866, the thirteenth Council was elected, with the late J. W. Dwinelle in the civic chair, and on March 12th, Mr. Barstow introduced a bill grant- ing to the San Francisco and Oakland Railroad Company the privilege of construct- ing and maintaining a wharf for the landing of ferry-boats, and a marine railway for the repair of the boats belonging to the company, the wharf and railway to be located on the San Antonio Creek, at the foot of Franklin Street, the franchise to continue for a term of fifty years; all of which was referred to a special committee consisting of 34 522 History of Alameda County, California. Aldermen Jayne and Wilcox, who, March 13th, reported: "That whereas, the prop- erty embraced in the bill was long since granted by the Legislature to the city of Oakland, thereby divesting the State of all its rights, title, and interest, the State has no interest to grant; therefore it would be asking the Legislature to commit a moral wrong — a breach of faith — besides interfering with vested rights, in recommending it to grant again to other parties that which it has once already granted. Believing such to be the fact, we report against the recommendation asked for;'' thereupon Alderman Barstow introduced the following resolution: — Resolved, That the Alameda delegation in the Legislature be requested to use their endeavors to procure the passage by the Legislature of the bill as amended by the Council authorizing the city of Oakland to grant to the San Francisco and Oakland Railroad Company the right to build a wharf and marine railway on the water front in the city of Oakland, and that a copy of this resolution, together with an engrossed copy of the bill, be for- warded by the Clerk to the delegation, Which was adopted. After the decision of the Supreme Court, water-front matters remained quiescent until November 21, 1866, on which date the Council, at a general meeting, passed the accompanying resolution: — Resolved, That the Judiciary Committee, in conjunction with the Mayor and the President of the Council, be authorized to take the opinion of counsel on behalf of the city, at an expense not exceeding two hundred and fifty dollars in gold coin, as to the rights of the city to the water front heretofore granted to the town of Oakland, and as to the proper mode of enforcing the same, and that they report thereon to this Board. And on January 23, 1867, the same Council received a communication from the Mayor, advising the employment of Messrs. Wilson & Crittenden, Counselors-at-Law, to give their written opinion as to the right of the city to her water front, which was placed on file. On March 4, 1867, a new (the fourteenth) Council was elected, with W. W. Crane, Jr., as Mayor. On July 30th, Aldermen Moody, Barstow, and Wilcox were appointed a Committee to investigate and report to the Council as to the interest of the city in the water-front property, who, August 24th, represented by Mr. Moody, moved that the Council adjourn and resolve itself into a Committee of the Whole, for hearing the report of the Committee and for discussion. For this purpose a special meeting was convened on August 31st, when Alderman Moody made a verbal report and subsequently introduced " An Ordinance Providing for a Suit to Settle the Title of the City to the Water Front and for the employment of Counsel therein." The ordinance, which was passed, reads: — Section One. — A suit shall be prosecuted in the proper Court to determine the rights of the city to the water front, against the persons claiming the same adversely, and John B. Felton is hereby retained to act for the city in said suit, to be paid for his services by a conveyance of an interest equal to fifteen per cent, of the prop- erty and franchises recovered by the city; but to receive no compensation for his services in case nothing shall be recovered. Section Two.— The Mayor of the city is hereby requested to execute the contract hereto annexed on behalf of the city, which is in the following words, viz. ; Whereas, The city of Oakland claims title to that portion of the tide lands situated within the limits of said city, and lying between high tide and ship channel, and also certain franchises connected therewith, by virtue of a grant to the town of Oakland made by the State of California, by an Act of the Legislature of said State, approved on thd 4th day of March, 1852, and Whereas, Certain persons claim said lands and franchises by virtue of pretended grants made by the pre- tended Board of Trustees of the town of Oakland, to Horace W. Carpentier, in the years 1852 and 1853. Now, Oakland Township — City of Oakland. 523 therefore, this agreement made the day of , 1867, between John B. Felton of the city and county of San Francisco, party of the first part, and the city of Oakland, party of the s;cond part, Witnesseth, That for the consideration hereinafter mentioned, the party of the first part undertakes and agrees, as the Attorney-at-Law of said city, to institute and prosecute to final judgment, a suit or suits in the proper Courts against the person or persons so claiming said lands and franchises, adversely to said city; to render his personal services therein until the title and right to the cause shall be finally settled and determined By the Supreme Court; and the city of Oakland promises and agrees to pay said Felton for such services by conveying to him an interest equal to fifteen per cent, of all the property recovered by the city in said litigation, after the same shall have been finally terminated, and a like interest in the franchises, which shall be adjudged, as against the persons so claiming them, to belong to the city; it being understood that, in case nothing is recovered, the city is to pay the necessary court costs and disbursements incurred in said litigation. In his message, dated September 28, 1867, Mayor Crane observes on the water- front question: " The right of the city to its water front will very soon be tested, and I hope finally settled. It may be that the fraud which deprived the city of this valua- ble property has been so carefully covered as to now be effectual in preventing a recovery, but it will at least be satisfactory to our citizens to have such a conclusion judicially reached." Save two petitions for certain portions of the water front from William Surrhyne and A. A. Cohen, made in the month of September, we cannot find that any action was taken by the City Council until the 19th October, 1867, on which date the Committee, to whom Cohen's application was referred, reported favorably on the granting of that portion of the water front lying between Webster and Franklin Streets, subject to certain conditions; while, on the 26th of the same month, the report on Surrhyne's application was made; but owing to the absence of the documents for that year, it is impossible to state whether it was favorable or otherwise. There was passed November 1st, "An Ordinance granting to the San Francisco and Oakland Railroad Company the use of a Portion of the Water Front for the erection of a Marine Railroad," which we quote: — Section One. — That portion of the water front lying below high- water mark, between the easterly line of Franklin Street and the westerly line of Webster Street extended, being three hundred feet in width, and running into San Antonio Creek for a distance of three hundred and fifty feet, is hereby granted to the San Francisco and Oakland Railroad Company, during the corporate existence of said Company, for the purpose of erecting and maintaining a marine railway and wharf, at the annual rent of one hundred dollars, in gold coin, for the first five years, and, at the expiration thereof, and every ten years thereafter, the rent shall be fixed by three Commission- ers, one to be chosen by the Council, one by said Company, and the third shall be appointed by the County Judge of Alameda County, provided, that said Company shall not collect tolls, or wharfage, or dockage, for the use of said wharf, without the consent of the Council of the city of Oakland; axiA provided, further, that said marine rail- way and wharf shall be so constructed as not to interfere with the free navigation, nor obstruct the channel of said creek. Section Two. — Said Company shall commence the construction of said improvements within three months from the date of the passage of this ordinance, and complete the same within six months thereafter; and it is made a condition of this grant that said company shall, in good faith, contest any claim made to said premises by any person, under a pretended grant of the water front, made by the Board of Trustees of the late town of Oak- land, to Horace W. Carpentier; and shall not, upon any terms, compromise such claim, provided, that the time herein provided for commencing and completing said improvements shall be extended to a period equal to the time said work shall be delayed by legal proceedings; ani provided, further, that said improvements shall be sub- ject to the payment of city taxes as personal property of said company. And now that well-known resident of Oakland, Doctor Samuel Merritt,. appears on the scene. On November 2, 1867, he succeeded to the mayoralty on the resig- 524 History of Alameda County, California. » nation of W. W. Crane, Jr., while, on the same date, F. M. Campbell took the seat in the Council vacant by the death of Alderman Anderson. At this period the advisability of making a change in the charter commenced ta engross the attention of the City Council. Several special meetings were had for the purpose of discussing the subject, and citizens were invited to suggest amendmemts thereto, and it was then that the section giving the city the power to compromise and settle all causes of action and legal proceedings then pending was embraced into it. On the 9th Alderman Miller offered a resolution to the effect that the city charter be referred to the proper committee for revision, with the intent of applying to the Legislature for the necessary amendments, and that the committee be instructed tO' report at the earliest possible rnoment. On December i6th they were granted further time, and on the following day, the 17th, on motion of Alderman Pendleton, the Council resolved to go into a Committee of the Whole, for the purpose of taking into consideration the proposed amendments to the charter; but the original committee was not yet ready to report, and further time had to be given them. On the i8th and 19th special meetings were held, but no report came from the committee. The 26th December was settled as the day on which they should make their report, but still none came, therefore, a motion was subsequently made by Alderman Moody, that the charter, with amendments, when ready, should be referred to a committee, which was instructed to put them into shape, and have two hundred copies of them printed. But the Committee on Amendments had made no progress towards a report on the 30th December, and although special meetings were called on January 2, 4, 6, and 8,. 1868, it was not until the 13th of that month that their report was made. On January 22d, at a special meeting, the Council proceeded to take final action with regard to the amended charter. The first seven sections of it, with certain emendations, were adopted, while citizens wei'e invited to note amendments which they wished to sub- mit to the Council, on the margin of the pamphlet, and to present them at the next meeting; at which, all the sections having been passed upon, the charter, as amended, was, on motion of Alderman Moody, given into the hands of a committee, with instructions to engross the same. The amended charter having been accepted by the people it was forwarded to the Legislature, where it was so roughly handled that its original drafters would have failed to recognize their handiwork. The most earnest protests were entered against this action of the legislative body, and the Alameda representative was urged to strenuously oppose its passage. On March 9, 1868, the. Council received a communi- cation from Hon. J. W. Dwinelle, the Alameda Delegate, in relation to the city charter and proposed amendments,- which resulted in the action mentioned above and embodied in the following resolution: "That it is the unanimous desire of the city of Oakland, that the Oakland Charter Bill, now before the Legislature, should not pass that body, the charter having been so altered and amended since it left our hands, as no longer to bedesirable," while at the same meeting it was, on motion of Alderman Hobart, resolved: "That the Senator and Assemblymen for Alameda County be requested to urge the passage of the bill left with Senator Robinson, entitled 'An Act Supplemental to an Act, etc., incorporating the City of Oakland,' passed in the year 1862." A resolution was also offered by Alderman Hobart, requesting the Mayor ta Oakland Township — City of Oakland. 525 inform the Council in regard to the present state of the suit for the recovery of the water front and of the contemplated compromise, which was laid upon the table; while, on the same date, Alderman Campbell offered a resolution, requesting John B. Felton to inform the Council as to his powers in the compromise matter, which, too, was laid over. We have seen how the charter was sent to the Legislature, and how it was treated there. It should be mentioned that tacked on to the end of the instrument was the Act, authorizing the city to settle all causes of action and dispute, which was' subse- quently segregated, duly approved March 21, 1868, and became known in history as "The Compromise Act." It is entitled "An Act to enable the City of Oakland to settle its Controversies," and is as follows : — Section One. — The Council of the city of Oakland, with the concurrence of the Mayor of said city, is hereby authorized and empowered to compromise, settle, and adjust any and all claims, demands, controversies, and causes of action in which the said city is interested. Section Two. — This Act shall take effect immediately. On March 27, 1868, there sprung into existence an incorporation called the "'Water Front Company," whose first Board of Trustees consisted of E. R. Carpentier, Horace W. Carpentier, Leland Stanford, John B. Felton, Samuel Merritt, and Lloyd Tevis. The articles of incorporation of this company we now append : — This certifies that we, whose names are hereunto subscribed, ■ do hereby associate ourselves together, and form a company, under the provisions of the Act of the Legislature of the State of California, passed April 14, 1853, entitled "An Act to Provide for the-Ftrmation of Corporations for certain Purposes." and the Acts amendatory thereto and supplemental thereto. The objects for which the said company is formed are, to acquire, build, construct, own, hold, manage, use, •and control wharves, docks, basins, dry-docks, piers, and warehouses in the city of Oakland, and in the vicinity thereof, in the State of California, and to lease, sell, convey, grant, mortgage, hypothecate, alienate, or otherwise dispose of the same; to borrow and loan money; to engage in and carry on the business of commerce, foreign and domestic; to purchase, acquire, manage, hold, and control, or to lease, sell, convey, grant, mortgage, hypothe- cate, alienate, or otherwise dispose of the water front of said city, or any part thereof, and any submerged tide and other lands in and about the bay of San Francisco, or elsewhere, together with the rights and franchises con- nected therewith or appurtenant thereto; and also all other property, real, personal, or mixed, choses in action, rights, privileges, or franchises. The corporate name of the said company shall be "The Oakland Water Front Company;" the time of its existence fifty years, and its principal place of business shall be located in the city of Oakland, in the county of Alameda, and State of California. The amount of the capital stock of said company shall be five million dollars, and shall consist of fifty thou" sand shares, of one hundred dollars. The number of the Trustees of said company shall be six, and the names of those who shall manage the con- cerns of the company for the first three months are Edward R. Carpentier, Lloyd Tevis, Horace W. Carpentier, Samuel Merritt, John B. Felton, and Leland Stanford. In witness whereof we have herewirti signed our names, this 27th day of March, A. D. 1868. [Signed] E. R. Carpentier, [Signed] H. W. Carpentier, [Signed] Leland Stanford, [Signed] John B. Fjilton, [Signed] Samuel Merritt, [Signed] Lloyd Tevis. On behalf of the Committee on Water Front, April i, 1868, Alderman Moody introduced "An Ordinance for the Settlement of Controversies and Disputes con- cerning the Water Front of the City of Oakland, the Franchise thereof and other 526 History of Alameda County, California. Matters relating thereto," which was passed to its third reading and unanimously car- ried. The ordinance is as follows: — Section One. — The claims, demands, controversies, disputes, litigations, and causes of action heretofore existing between the city of Oakland, on the one part, and Horace W. Carpentier, and his assigns, on the other part, relating to the force, validity, and e6rect of a certain ordinance passed by the Board of Trustees of the town of Oakland, on the i8th day of May, a. d. 1S52, and enrolled May 27, 1852, signed by A. Marier, President of the said Board of Trustees, and F. K. Shattuck, Clerk of said Board, entitled "An Ordinance for the Disposal of the Water Front belonging to the Town of Oakland, and to Provide for the construction of "Wharves," wherein and whereby, for the consideration therein named, "the water front of said town, that is to say, all the lands lying within the limits of the town of Oakland, between high tide and ship channel," as described in theAct of the Legislature for the incorporation of said town, passed May 4, 1852, together with all the. right, title, arid interest of said town therein, together with all the privileges, rights, and franchists therein mentioned, were sold, granted, and released to Horace W. Carpentier and his assigns. And also in relation to the validity, force, and effect of a certain conveyance, executed and delivered to the said Carpentier, of the said water front, dated May 31, 1852, by the said Am(5dSe Marier, President of said Board of Trustees, under and in pursuance of said ordinance. And also in relation to the force, validity, and effect of a certain other ordinance, passed by the Board of Trustees on the 30th day of December, A. D. 1852, entitled "An ordinance to approve the wharf at the foot of Main Street, and to extend the time for constructing the other wharves," which said ordinance was enrolled Janu- ary I, A. D. 1853, and signed by the said President and Clerk of the said Board of Trustees, wherein and whereby the said first-mentioned ordinance and the said deed of conve)ance was recognized and approved. And also in relation to the force, validity, and effect of a certain other ordinance entitled "An Ordinance concerning Wharves and the Water Front," passed on the 27th day of August, A. D. 1853, by the said Board of Trustees, which said ordinance was eniolled, dated August 27, 1S53, and was signed by A. W. Burrell, President, and A. S. Hurlburt, Clerk of the said Board of Trustees, wherein and whereby the said first-mentioned ordinance was in all things satisfied and confirmed, and the said water front again granted, sold, and conveyed to the said Carpentier in fee simple forever: — are hereby compromised, settled, and adjusted, and the said above-mentioned ordinance and conveyance are made valid, binding, and ratified and confirmed, and all disputes, litigations, contro- versies, and claims in and to the franchises and property described in said ordinances and deed of conveyance, and every part thereof, are abandoned and released to the said city of Oakland, to the said Carpentier and his assigns, upon the following conditions, to wit: — That the said Carpentier and his assigns shall convey, by proper and sufficient deeds of conveyance, all the property and franchises mentioned and described in said ordinances and deed of conveyance hereiti before referred to, to the Oakland Water Front Company, to be used and applied in accordance with the terms, conditions, stipula" tions, and agreement contained in certain contracts between the said Oakland Water Front Company and the Western Pacific Railroad Company, and other parties, bearing even date herewith, with the exceptions in the said agreement specified. But nothing herein contained shall be deemed to affect any rights of the San Francisco and Oakland Railroad Company, derived under an ordinance of the city of Oakland, passed the 20th day of November, 1861. Let US in this place produce the deed of Mr. Carpentier. In pursuance of the foregoing ordinance the said Horace W. Carpentier executed and delivered to the said Water Front Company a deed of which the following is a copy : — This Indenture, made the 31st day of March, 1868, between Horace W. Carpentier, party of the first part, and the Oakland Water Front Company, party of the seccnd part, witnesselh: 'Ihat the said party of the first part, in consideration of the sum of five hundred dollars to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, hereby gives, grants, sells, and conveys to the said party of the sec- ond part, its successors and assigns, the following described premise."-, to wit: All of the water front of the city of Oakland — that is to say, all the lands, and the lands covered with water, lying within the limits of the said city between high tide and ship channel, being the water-front lands within the boundaries described and granted in and defined by the Act entitled "An Act to Incorporate the Town of Oakland and to Provide for the Construction of Wharves thereat," approved May 4, 1852, and the Act entitled "An Act tt) Incorporate the City of Oakland," passed March 25, 1854, and repealing certain other Acts in relation to said city, approved April 24, 1862, together Oakland Township — City of Oakland. 527 with all the privileges and appurtenances, rights, and franchises thereunto appertaining and belonging, together with all rights to collect tolls, wharfage, and dockage thereon and therefrom, and all lands, rights, pris'ileges, and franchises of every kind and nature which have been heretofore acquired by the party of the first part, from the town of Oakland and the city of Oakland or either of them, and all the rights to the above-mentioned lands, fran- chises, and privileges which he may hereafter acquire from the said city of Oakland, excepting therefrom, how- ever, so much of the said water front as lies between the middle of Washington Street and the middle of Franklin Street, and extending southerly to a line parallel to Front Street and two hundred feet southerly from the present wharf, according to the map of the city of Oakland, with the rights of wharfage, dockage, and tolls thereon, to have and to hold the aforesaid and aforegranted premises to the said party of the second part, its successors and assigns, to their use and behoof forever, in witness whereof the said party of the first part has hereunto set his hand and seal the day and year aforesaid. [Signed] H. W. Carpentier. On the 1st day of April, 1868, the agreement and indentures, of which the fol- lowing are copies, were made, executed, and delivered by and between the parties therein named, to wit: — This indenture made the 1st day of April, 1868, between the Oakland Water Front Company, party of the first part; the Western Pacific Railroad Company party of the second part; the city of Oakland, party of the third part; Horace W. Carpentier, party of the fourth part; John B. Felton, party of the fifth part; and Leland Stanford, party of the sixth part. Whereas the said Horace W. Carpentier by deed bearing date March 31, 1868, conveyed to the said Oakland Water Front Company the water front of the city of Oakland, and certain rights, privileges, and franchises, as by reference to said deed will more fully appear; and whereas the said deed was executed and delivered to the said Oakland Water Front Company, upon the express trusts and subject to the covenants therein set forth. Now, know all men by these presents that the said Oakland W ater Front Company, in con- sideration of the said conveyance, and the said premises, and in further consideration of the sum of one dollar to be paid by the other parties herein named, the receipt whereof is hereby acknowledged, doth hereby declare and make known that it holds the said premises conveyed by the said deed upon the following express trusts, and subject to the following covenants and agreements, to wit: First: The said Western Pacific Railroad shall, with reasonable diligence, and within three months from this date, select from and locate on the premises described in said five hundred acres thereof, in one or two parcels in the form of squares or parallelograms with right, acute, or obtuse angles, but not so as to include an aggregate frontage on ship channel exceeding one-half mile in length; also to select and locate within said time, over the remainder of said premises, not exceeding two strips of land, each strip not to be more than one hundred feet wide, as grade for the track or tracks of its railroad from high- water mark to such parcel or parcels, and between the same; and the said Oakland Water Front Company hereby covenants and agrees with the said party of the second part that it will at any time after such selection and loca- tion, upon demand, convey by proper conveyance or conveyances the said five hundred acres and the exclusive right of way over the said strips of land thus selected and located, to the said party of the second part, which said conveyance or conveyances shall contain a covenant or agreement that if the said parcels or either of them shall be located out to a westerly water front of twenty-four feet depth of water at low tide, no land shall be sold west- erly therefrom, and no obstruction or impediment shall ever be placed or put in front or westerly of the same, or anything done to prevent the free and unobstructed approach and access of vessels to said parcels. Second. — And the said party of the first part hereby further covenants and agrees that it shall and will, upon demand, convey to the city of Oakland so much of the said premises as lies betw een the middle of Franklin Street and the easterly line of Webster Street, and extending out to a line parallel with First Street, and two hundred feet southerly of the present wharf at the foot of Broadway in the city of Oakland, according to the map of said city, with the right of dockage and wharfage and tolls thereon. And said party of the first part further covenants and agrees that it will, within a reasonable time, designate and dedicate, as a navigable water-course for public use, the channel of San Antonio Creek, from ship channel to the town of San Antonio, to a width of not less than two hundred feet, over the shallow water at the bar, and three hundred feet wide above that place, subject to, and reserving the right, however, to build bridges across said channel with suitable draws. Third. — The said party of the first part hereby further covenants and agrees that it will issue to the said Horace W. Carpentier fifty one-hundredths, equal to twenty-five thousand shares of its capital stock, also issue to the said John B. Felton ten one-hundredths, equal to five thousand shares of its capital stock, and also issue to the said Leland Stanford the remaining forty one-hundredths, equal to twerjt)' thousand shares of its capital stock. Fourth. — The said party of the first part hereby further covenants and agrees that it will and does hereby authorize the city of Oakland or other parties to construct a dam above the "Oakland Bridge'' across the estuary Seal of the Western Pacific Railroad Company. 528 History of Alameda County, California. of San Antonio, which lies between Oakland and Clinton, so as to retain the water and keep the land above submerged to high-tide mark, for the use of the owners of the adjoining lands and the public. [Signed] The Oakland Water Front Company, By Horace W. Carpentier, President, Lloyd Tevis, Secretary. The Western Pacific Railroad Company, By Leland Stanford, President, E. H. Miller, Jr., Secretary. Horace W. Carpentier, John B. Felton, Lf.land Stanford. Articles of Agreement made this ist day of April, 1868, between the Western Pacific Railroad Company, party of the first part, and Leland Stanford, party of the second part, and the Oakland Water Front Company, party of the third part. Whereas, Horace W. Carpentier has by deed bearing date of March 31, 1868, conveyed the water front of the city of Oakland, and certain rights, privileges, and franchises to the said party of the third part. And, whereas, the said party of the third part has executed and delivered to the said party of the first part, bearing even date herewith an agreement to convey certain portions of said premises to the said party of the first part, which deed and agreement are hereby referred to for greater certainty. Now, the said party of the first part hereby covenants and agrees in consideration of such conveyance of said premises, that, upon such conveyance or conveyances being made so as to vest a good title in fee simple in said premises in said party of the first part, and upon the performance and execution by the municipal authorities of the city of Oakland, of all instruments, ordinances, acts, and proceedings necessary to perfect, complete, and make good the title to said premises described in the said deed from the said Carpentier to the said Oakland Water Front Company, and which is to be done within a reasonable time from this date, it will, within eighteen months thereafter, and with reasonable dispatch proceed and construct or purchase and complete a railroad connection from its main line to the said parcel or parcels thus selected by it, or one of them, and will, within said time complete such connecting railroad thereto; and, further, will erect and construct on said selected parcels, or one of them, the necessary buildings and structures for a passenger and freight depot for the use of its said railroad, expending upon its said premises, within three years, not less than five hundred thousand dollars in gold coin, but not including therein the purchase of existing improvements thereon. And if the said party of the first part shall fail, neglect, and refuse to provide such connecting railroad, and to make such depot buildings, and expend the said sum of money within the said three years; the said five hundred acres thus conveyed shall be for- feited and the same shall be conveyed by said party of the first part to the city of Oakland. And the said party of the first part further covenants and agrees that it will not convey to any person or corporation any portion of the said five hundred acres, at any time within two years from this date. And the said party of the second part hereby covenants and agrees that the said party of the first part shall and will faithfully do and perform its said covenants and agreements herein set forth. And the said party of the first part hereby further covenants and agrees that in constructing its bridges across that portion of the estuary of San Antonio which lies between Oakland and Clinton, between San Antonio Creek and the Oakland Bridge, it will leave a space under each of said bridges" of not less than forty feet in width free and unobstructed by piers or otherwise, for the passage of flatboats,. scows, barges, and vessels without masts, and will not place any obstructions in said estuary between said points, except what may be necessary for such bridges — such bridges to be without draws or openings. [Signed] The Western Pacific Railroad Company, By Leland Stanford, President. E. H. Miller, Jr., Secretary. Leland Stanford. The Oakland Water Front Company, By Horace W. Carpe.n'tier. President. Lloyd Tevis, Secretary. From the foregoing documents it will need no remarkable penetration to solve the riddle and find that the Oakland Water Front Company and the Western Pacific Railroad Company were one and the same in their interests. They put forth their Seal of the Western Pacific Railroad Company. a/ i:z^<^t.^^ Oakland Township — City of Oakland. 529 octopus arms and drew everything within their vise-Hke clutches. It mattered not whether it was marsh or tide lands, all must be held so that their position should be strengthened, while a line of demarkation was quietly but surely being drawn around the doomed city. The transparent transfers on record will expose the weakness they felt, as well as display the grasping greed that governed their actions. Let us now return to the transactions of the City Council. On April 2, 1868, it was Resolved, That it is the unanimous desire of the Council that Samuel Merritt, Esq., the Mayor of Oakland, accept the position of Trustee of the Oakland Water Front Company. A resolution that was carried without a dissentient voice, while, on the same date an ordinance entitled "An Ordinance for the Settlement of Controversies and Disputes, concerning the Water Front of the City of Oakland, the Franchises thereof, and other Matters relating thereto, passed, and approved, April i, 1868, was finally voted for and passed. This was followed by the passage of "An Ordinance Finally Settling. Adjusting, and Compromising the Question of the Water Front." This instrument was as follows : — Section One. — It appearing to the satisfaction of the Council, that all the terms and conditions of a certain ordinance heretofore passed, entitled *' An Ordinance for the Settlement of Controversies and Disputes concern- ing the Water Front of the City of Oakland, the Franchises thereof, and other Matters Relating thereto" have been fully satisfied and complied vi^ith by Horace W. Carpentier and his assigns, all the ordinances and deeds therein mentioned and described are hereby finally ratified and confirmed, and all disputes, controversies, claims, demands, and causes of action heretofore existing between the city of Oakland on the one part and Horace W. Carpentier and his assigns of the other part, relating to the force and validity of the said ordinances and deeds are hereby abandoned and released by the said city of Oakland to the said Carpentier and his assigns — Provided : That noth_ ing herein contained shall release the right of the city of Oakland to the reversion of the property, franchises, and rights released, as provided in the contract between the Western Pacific Railroad Company and the Oakland Water Front Company, in case said city of Oakland shall become entitled to the same under said contract. About this time John B. Felton addressed the citizens of Oakland on the subject of the water front, and being possessed of a noble intellect and logical mind it was no difficult task for him to cast a halo around the subject, which they found out only after the compromise had been indorsed by them and the actions of the Council fully con- firmed. At the meeting of the 6th April, Alderman Hobart introduced "An Ordinance to repeal the Ordinance granting to the San Francisco and Oakland Railroad Company the use of a portion of the Water Front," which was duly carried; after which it was Resolved, That the City Clerk be instructed to return to A. A. Cohen, President of the San Francisco and Oakland Railroad Company, the sum of one hundred dollars, which amounfwas received by him from said Cohen, as rent of the portion of the water front lying below high- water mark between the easterly line of Franklin Street and the westerly line of Webster Street, extended, being three hundred feet in width and running into San Antonio Creek for a distance of three hundred and fifty feet. On April i6th the following resolution was offered by Mr. Moody:— Resolved, That a committee of three be appointed to investigate the conflicting interests of the city and the San Francisco and Oakland Railroad Company to certain water-front rights between Webster and Franklin Streets, and to report at the next meeting of the Council some method of adjusting and compromising the same if possible. A. A. Cohen, who was present, then made some explanatory statements in regard to the subject, after which, on motion of Mr. Hobart, anit some discussion, the resolu- 530 History of Alameda County, California. tion was finally passed with the emendation that all should be omitted after the word " Council." Messrs . Moody, Barnes, and Pendleton, of the Council, having been appointed such committee, through the first-named gentleman made the following report : " That m October last, the Council, with the approval of the Mayor, granted to the San Francisco and Oakland Railroad Company the use for fifty years of that portion of the water front lying between Franklin and Webster Streets, that in the settlement of the general water-front interests in the current month one only reserva- tion of four hundred and twenty feet was made upon the water front to give to the city at least one place for free egress and ingress : — that this reservation includes the same property granted to the San Francisco and Oakland Railroad Company. "Your Committee believes that if it was necessary to make a reservation for the benefit of the city, it is equally necessary to so protect that reservation as that no one shall enjoy any exclusive rights, but that the benefits of the reservation should be equally enjoyed by all. In particular your Committee believe that the ferry interests should be especially fostered, and that every ferry should be afforded the fullest accom- modation at the least possible cost, or, better still, free from all cost. That though the reservation is quite limited in extent, your Committee believe that with proper economy it will be found sufficient to protect our most important interests. With the view of giving the best possible facilities for a landing upon the creek and for space for a marine railway upon which to repair and clean boats, your Committee would recommend the adoption of some such plan as that accompanying this report by which the San Francisco and Oakland Railroad Company may obtain all the accommoda- tions required, and at the same time the same facilities may be afforded to any other ferry and to transient shipping. " This recommendation is made under the supposition that the grant to the San Francisco and Oakland Railroad Company will not be confirmed, and that the prop- erty will not be disposed of by sale or lease to any other party; but that it will ever remain the property, and under the full control of the city; in which case it will be necessary for the city to make some arrangement for the control and improvement of the same. "We would recommend that all ferries have slip and landing privileges free of all costs, and that the San Francisco and Oakland Railroad Company be granted the right to lay a marine railway between Franklin and Webster Streets upon the most equitable terms. " The question as to the legality of the grant to the San Francisco and Oakland Railroad Company is one which properly belongs to the Court; the Council has already given its verdict in making the grant. But still we believe our true interests will be consulted, and all ferry interests be satisfied by the adoption of the plan pro- posed." The foregoing was the minority report: the majority, Messrs. Barnes and Pendleton, stated, " We believe that said Company has no right nor shadow of claim to one foot of the water front at the place described above, and your Committee believe it would not be good policy for the city to dispose of all the little outlet it has by water at this time, and when it is deemed proper by the Council to dispose of a part or the whole thereof, the sale or lease must conform to the statute and be sold or leased to the highest bidder; we therefore recommend that no portion of said water front be sold or leased at this time." Oakland Township — City of Oakland. 531 In his message of March 15, 1869, Mayor Merritt says on this subject: "At the time of the organization of the Water Front Company, I was elected a Director, which position I accepted, the City Council having passed a resolution requesting me to do so. One share of the stock of the company was transferred to enable me to fill that position. Soon after the company was organized, Mr. Calvin Brown, an engineer of skill and reputation, was employed by the company to make a survey of the entire water front of Oakland and to report to that Board his views on the most advisable plan of improvements to be adopted. That gentleman entered upon his duties with zeal, made a hydrographical survey of the creek, the bar, and the entire water front, and presented a very elaborate and interesting report accompanied with a map. Not having that report at hand I can only state some facts which it establishes beyond controversy. I will allude to some of the more important. The water in the creek for miles in extent is of sufficient depth to accommodate vessels of ordinary size at any time of tide. To dredge the bar and convert the creek into a safe and commodi- ous harbor, will cost not exceeding two hundred and fifty thousand dollars. But little dredging will be required to keep the passage open, when the channel is once cut, as the constant flow of the tide will prevent considerable deposit, etc. " I am informed that a suitable dredger has been purchased and is now about due from the Atlantic States, and will be put to work soon after its arrival. " I know the policy which the Water Front Company designs to pursue is a lib- eral one, and will tend to encourage improvements on the water front, stimulate manufacturing business, and thereby add to the existing growth and prosperity of Oakland. The interests of the Water Front Company and the citizens of Oakland are so nicely blended that the two cannot be separated; the line of demarkation can- not be drawn; whatever promotes the interests of the one must reflect its advantages upon the ether. It is not easy for any one to fully appreciate or comprehend the many advantages which Oakland will derive from the dredging of thenar, thereby converting the creek into a safe and commodious harbor for vessels; one of these which I regard as the most important to Oakland is the opening up of a new route by giving additional facilities of communication with San Francisco." Certainly the dredging of the creek and the bar at its mouth were highly important to the city of Oakland; but there was another matter of still more importance to it, namely, action to recover the entire water front, a subject which the worshipful Mayor has rather ingeniously burked in the eibove remarks. On March i, 1869, John B. Felton was elected Mayor of the city of Oakland. When put in nomination, the News, a periodical published in Oakland, says of Mr. Felton's candidature: " We were somewhat amused by a remark made by a ' sover- eign ' in reply to a question as to how he liked the ticket headed by John B. Felton. ' Too much water front ! Too much water front ! ' said the voter, who, by the way, is a property-holder, who pays considerable taxes. We reflected a moment and our memory brought us back to the night when land-owner and laborer, mechanic and business man, crowded Shattuck & Hillegass' Hall to suffocation for the purpose of • petitioning the Legislature to pass an enabling Act so that the title to the water front should be forever settled, and the terminus of the Pacific Railroad thus secured for Oakland. We do not recollect of seeing at that meeting the particular individual ^32 History of Alameda County, California. whose objection to the Felton ticket we have quoted above; but as it was worth a man's life to say a word in opposition to the ' compromise ' at that time, we are con- fident that his voice was in accord with that of the entire community. At the time we speak of — about a year ago — every man who owned a twenty-five foot lot was ready to hug and kiss his neighbor, in view of the glorious prospects in store for Oakland. Rejoicing was observed on every hand; old animosities were forgotten, and even the sins of Carpentier were, by the action and voice of the people, absolved unconditionally, and the ' monster whose blighting influence had retarded our prosperity ' for years and years previously was reinstated in the good opinions of the community for his efforts to secure the terminus. This glorious feeling and general prosperity was attributed, at the time, to the fact that the location of the Pacific Rail- road terminus was about to be fixed in Oakland, through negotiations then pending and about to be closed satisfactorily. Every one said, secure the terminus at all haz- ards, even if to do so the entire water front, so far as the city's interests are con- cerned, has to be deeded to the company In order to induce the Legislature to empower the Council to settle the controversy, an invitation to visit this city and accept its hospitalities was tendered to that body, and on February 22, 1868, that mob came down here, and after feasting and carousing at municipal expense, went back determined to help Oakland to get the upper hand of San Francisco in securing what was regarded as the greatest prize ever offered to any city on the continent. The bills for this banquet were freely and ungrudgingly paid; and well they might be, since, as if by magic, the moment the Bill passed the Legislature, property doubled in value and men who had been for years impoverishing themselves in paying taxes on upro- ductive lands, suddenly found themselves transformed into millionaires. And this transformation of values was mainly effected by the prospect of having the railroad terminus located here. " One of the principal agents in these negotiations was John B. Felton. , Employed by the Council and instructed by the people, he bartered the city's interest in the water front to a corporation, getting in return therefor that which has trebled in value every foot of property within our city limits. When, therefore, we hear a man objecting to Felton because the latter was one of the main instruments in enriching him, we are obliged to remain indignantly silent. We trust that Mr. Felton will spike the guns of his enemies by addressing a meeting some evening during the present week, and give an account of his stewardship in the water-front transaction. His connection with that business is being misrepresented every day by the very men who made most out of it in the way of speculation, and it would be an act of retrib- utive justice to get them together some evening and explain to them the fortuitous circumstances which has changed their condition from comparative pauperism to ple- thoric wealth." Consequent on the action of the Council in taking possession of the water-front lot formerly granted to the San Francisco and Oakland Railroad Company, that cor- poration brought suit in the Third District Court against the city of Oakland, when the following judgment was rendered by Judge S. B. McKee: — Oakland Township — City of Oakland. 533 " The San Francisco and Oakland Railroad Company \ vs. y " The City of Oakland et al. ) "The central question of the controversy between the parties of this action involves the consideration and construction of an ordinance passed by the Common Council of the city of Oakland on the 20th of October, 1867, by which the plaintiff claims to have become vested with the rights of property to the land in controversy, which have been invaded and violated by the defendants. Many lesser' questions revolve around this central question which have been discussed by counsel, but it is only necessary to examine and adjudicate thevalidity of the ordinance itself. "By the ordinance the Common Council granted to the plaintiff, during its cor- porate existence, a block of land in the city of Oakland, three hundred and fifty feet wide, between what is described on the map of the city as Webster and Franklin Streets, and extending three'hundred and fifty feet into the San Antonio Creek, for the purpose of erecting and maintaining thereon a marine railway and Wharf " For this the plaintiff covenanted to pay the city annually for five years, one hundred dollars gold coin; and thereafter for every ten years, annually, such sum of money as should be agreed upon by three Commissioners to be appointed as pro- vided by the ordinance. " After the passage and approval of the ordinance, the servants and workmen of the plaintiff entered upon the land and commenced the construction of the improve- ments, when they were interfered with and prevented from continuing their work by the officers of the city, who took possession of the property. The Common Council afterwards repealed the ordinance. If the rights of property vested in the plain- tiff, by the ordinance of course they could not be divested by a subsequent repeal of it. "Counsel of plaintiff attempt to sustain the validity of the ordinance by the exercise of a power ' to construct and keep in repair wharves, docks, ferries, piers, slips,' etc., conferred upon the City Council by the fourth section of the charter of the city. But such a' power can only be exercised for the city and not for the plain- tiff, nor any one else. The Council have no authority under it to make improvements of any kind or nature whatsoever, for the use and benefit of a railroad company. If the Council should consider the building of a wharf on property of the city, required by public necessity, it might in exercise of such a power, contract for the construction of it if it had in hand the necessary means. Or, if it had no money and it could substitute the use of the land and the improvement to be constructed on it, for a number of years, as a consideration to induce another to construct such an improve- ment for the city, the Council might exercise the power in that way; for every power carries with it such incidents as are necessary to make it effectual. But in such a case it must plainly appear that the improvement to be constructed was for the city; and, that when the use of the land which formed the consideration for the improvement ended, the land and improvements would revert to the city as its property. It must also appear that the title to the property remained in the city. " No such intentions ' crop out ' of the ordinance in question, nor are they to be found in any part of it. The object was to build a marine railway and wharf, not for ^3* History of Alamkda County, California. the use and benefit of the city, for the necessity for such an improvement for the city is nowhere apparent. But the plaintiff, as a railroad company, needed it for its own purposes, and it has authority under the general law of its corporation to receive and take by purchase, voluntary grant, or donation such lands as might be necessary for the maintenance of its railroad, and for such uses and purposes as might be considered necessary for accomplishing the object for which it was created. The construction of this marine railway and wharf, therefore, could only have been intended for the use ' and benefit of the plaintiff, not of the city, and there is nothing of the elements of a contract, direct or indirect, between the plaintiff and the Common Council for the construction of this improvement for the city. " The ordinance aims at a disposition of the land to the plaintiff for its sole use and benefit; the word ' grant ' used in it is a comprehensive term which may be con- strued so as to include a conveyance of the fee. The plaintiff obtains by its terms the absolute use and enjoyment of the land and of tlfe rents and profits of it; for, although the plaintiff is prohibited from collecting wharfage, without permission of the Council, this does not interfere with the use and profits of the land. The money agreed to be paid for this is in the shape of annual rent, and in that respect the ordi- nance has the feature of a lease; but, as a lease, it might be considered void, because it has an uncertain term. But whether the ordinance amounts to a sale or lease of the property, or is, as contended by the plaintiff, simply an act done in the exercise of a power to build wharves, piers, slips, etc., it is void, because the act was not done, nor the sale or lease made, in the manner prescribed by the city charter. All sales or leases of property belonging to the city must be by public auction, upon such terms and conditions as may by ordinance be prescribed, and all contracts for work must be let to the lowest responsible bidder, after publication made. A municipal corporation can only exercise such powers as have been conferred upon it, and in the manner prescribed by its charter. I, therefore, think that the ordinance in question vested in the plaintiff no right of property to the land in controversy, and the defendants are entitled to judgment. Let judgment be entered accordingly. " S. B. McKee, Judge!' Against this' decision- the San Francisco and Oakland Railroad Company appealed. On February 26, 1869, an adjourned meeting of the City Council w:as held for the purpose of receiving a report of a special committee appointed to inquire into Dr. Merritt's title to certain water-front property in the city of Oakland. These gentle- men, through Mr. Moody, made the following report: "Your committee, to whom was referred the duty of inquiring into the title by which Mayor Dr. Samuel Merritt holds certain property at or near the foot of Wash- ington Street, and for what purpose he holds the same, beg leave to report that in the discharge of thfeir duties they addressed a note, of which the following is a copy, inclosing the resolution of inquiry, to his Honor, the Mayor, to Lloyd Tevis, Secre- tary of the Water Front Company, and to Messrs. John B. Felton and E. R. Carpentier: "'Oakland, February 24, 1869. "'Dear Sir: — Inclosed please find a resolution which will ekplain itself To assist the committee in the discharge of their duties, will you do us the favor to Oakland Township — City of Oakland. 535 answer the following questions: By what title, if any, does Dr. Samuel Merritt hold the water-front property on "San Antonio Creek, lying between Broadway and Clay Streets, at or near the foot of Washington Street? Did he obtain the property in trust for the city, or for his own use and benefit? Please answer in time for the committee to report upon Friday evening, February 26th, and oblige, etc' "To this communication the following reply was received: " ' San Francisco, Feb ruary 26, 1 869. " ' Messrs. W. G. Moody and F. M. Campb'ell, Committee — Gents: The following statement is made in reply to your letter of the 24th instant: Some months ago Dr. Samuel Merritt applied to the Oakland Water Front Company for the land referred to by you. He represented that the building of the new bridge, as proposed by the railroad companies, would seriously damage his property at the old bridge by destroying his communication with the creek, and that all. he desired was a fair remuneration for the actual loss sustained by him. On the nth July last the Board passed a resolution appointing a committee to confer with Dr. Merritt on the subject. Up to this time no arrangement or understanding had been made with Dr. Merritt in reference to this land at the time of the settlement of the water-front compromise, nor has there been any since, except what might be inferred from expressions of members of the Water Front Company favorable to his request. " ' Yours Respectfully, Lloyd TeVis, " ' Secretary of Water Front Company. "'John B. Felton.' " Your Committee have also received the following communication from the Mayor: — "'Oakland, February 26, 1869. " ' Messrs. Moody, Campbell, and Barnes — Gents: I am in receipt of your favor of the 24th instant, inclosing a copy of a resolution pas.sed by the Council relating to the property which I have recently improved near the foot of Washington and Clay Streets in this city. The questions which you wish me to answer are as follows, viz.: By what title, if any, do you hold said property? If you have a title, from whom did you obtain it, and what was the consideration paid for the same? Did you obtain the property in trust for the city or for your own use and benefit? In reply, permit me to say: No conveyance has ever been made to me of the property in question. Some weeks, or perhaps months, after the settlement of the water- front controversy, I made application to the Water Front Company for the property referred to, for the purpose of constructing a wharf, it being understood that the Western Pacific Railroad Company proposed to enter this city by building a bridge across the arm of the San Antonio Creek, without a draw, which would virtually cut off communication with my present place of business near the Oakland bridge. That application was referred to the Executive Committee with power to act. Since then, I am not aware that any action has been taken in the premises. I do not hold the property in trust for the city. I remain, etc., SAMUEL Merritt.' " In these communications we noticed: First — That no valid title to this prop- erty has passed to Dr. Samuel Merritt. Second — That the doctor applied to the 536 History of Alameda County, California. Oakland Water Front Company for this property as compensation for damages sus- tained upon certain other desirable property, by certain contemplated improvements. Third — That no definite action has been taken upon this claim, and, Fourth — Ihat neither at the time of the water-front settlement, nor at any time since, was there any agreement or understanding other than expressions of members of the company to his request. " In presenting this matter so that it may be thoroughly understood, your Com- mittee feel compelled to make the following points: First — That the Mayor, Doctor Samuel Merritt, is in full possession of the property at or near the foot of Washington Street, claiming the ownership thereof, using it for his own profit, and has been for nearly one year. Second — That the property near the bridge, referred to, has suffered no damage by any contemplated improvements; and when these improvements are made it m,3.y be found that this property suffers no damage; or, it is possible that the plan of improvements may be so changed as that no damage can result; or, these improvements may be deferred at that point, using for a considerable time the present means for crossing the creek. In either event the doctor would be the apparent owner of both properties, with no damage to the upper property. Third — That Doctor Samuel Merritt has no title to a large, if any, part of the property near the bridge, as he himself has informed a member of your Committee. That being upon the prop- erty as a mere trespasser upon the city or its assigns, your Committee cannot see what legal or equitable claim he can possibly have for damages in this case. Fourth — That Doctor Samuel Merritt obtained possession in some manner, through the water-front settlement, at or near the foot of Washington Street, and that no consid- eration has passed for the same; and that at the time of the water-front settlement, and ever since, he was engaged in the water-front negotiations as agent for the city, and has ever since been a member of the directorship of the Oakland Water Front Company as representative of the city's interests. "Your Committee therefore come to the conclusion that, inasmuch as Doctor Samuel Merritt obtained the property in some means through the water-front settle- ment, without the payment of any valuable or legal consideration, and during the time he was representing the city of Oakland, and in all those transactions, your Committee are compelled to believe that he, the Mayor, holds this property for the city, whatever may be the title under which he claims, and that the city should take the necessary steps to protect her interests. With this view, your Committee have not felt called upon to discuss the comparative value of the property near the bridge with that at or near the foot of Washington Street. Your Committee would, therefore, recommend that the City Attorney be directed to take the necessary steps to protect the city's interests in the water-front property, at or near the foot of Washinoton Street now held by Samuel Merritt, Mayor. With this view your Committee recom- mend the passage of the accompanying resolution. " W. G. MoODY " D. G. Barnes." The resolution submitted was briefly to the effect that the City Attorney take the proper steps to recover the property at the foot of Washington Street. The foregoing being the majority report, we now give that of the minority: Mr Campbell stated that he had not signed the report as the committee was instructed to Ccc^^ci/>n. fJ^cm^ Oakland Township — City of Oakland. 537 ascertain and report facts, not to express opinions and make pleas. He had not seen the report until early in the evening. As a member of the Committee he would simply submit the documents from Dr. Merritt and Messrs. Felton and Tevis. It was for the Council to devise plans and to act. Mr. Moody then made a speech in which he asserted his bravery in daring to undertake anything for the public good; while Mr. Campbell considered that the letters referred to had not been submitted to him in time for him to consider them. The resolution submitted by Mr. Moody did not even meet with a seconder. It may be mentioned here that a newspaper war had been waged between Messrs Moody and Merritt about this time, in which the former was very severely handled by the doctor. In this year the Water Front Company entered suit against the city to quiet title, which, May loth was duly reported on by the City Attorney. In regard to the matter, August 9th, E. R. Carpentier forwarded the following communication to his Honor Mayor Felton: — " I have this day entered a dismissal of the suit brought in the Twelfth District Court by the Oakland Water Front Company against the City of Oakland. As you will remember, that suit was instituted soon after the Water Front Compromise in pursuance of an understanding, then had, that a judgment should be obtained without opposition, quieting the title of the Water Front Company to its lands and franchises in accordance with the terms of the compromise. > " The then Mayor, on whom process was first served, was a Trustee of the Water Front Company; and he was succeeded in office by yourself, also a Trustee of the company. Under such circumstances it was not thought proper to take a judgment by default against the city, and no judgment was entered. " Recently the City Attorney has entered an appearance. But as the under- standing in pursuance of which the suit was instituted seems to have been forgotten by some, and the object of the suit misapprehended by others, and there not being at this time any real dispute* by the city of the company's title, nor any doubt enter- tained of its validity, the company has thought it proper that the case be dismissed." It is to be hoped that we may not be brought under the ban of prolixity. Our aim has been to place before our readers the true story of the water-front controversy itself; To follow it from its germ to its full fruition as the so-called property of the Central Pacific Railroad Company, which is, so far as this affair is concerned, an agglom- eration of the railroads and companies mentioned in these remarks, and evidently the inspirer of all action since taken. In his message of February 28, 1876, Mayor Webber sounds the psean of the "Central Pacific " in these words: "Nearly the whole of the frontage on the line of the Oakland water front is owned by private parties, Council having at an early day transferred this property and a subsequent Council having ratified the transfer. This latter act was the inducement that influenced the Western Pacific Railroad Company to locate their terminus in this city. Extended improve- ments have been made by that corporation and its successor, the Central Pacific Railroad Company; and the importance and prosperity of the city has been immeas- urably advanced. The right of the city to extend its streets to the line of ship channel has never been denied, and when necessity for such action arises I doubt not but that 35 5'-\H History of Alameda County, California. right will be asserted. There is no conflict of interest between the individuals and corporations owning this property and the city. Whatever improvements they may make will advance the public interests; they cannot turn their possessions to any valuable use without benefiting the whole city as much, if not more, than they benefit themselves. The public have a deep interest in the policy of the large corporations that have such an influence in promoting the common prosperity, and the time has fully arrived when a request should be made to the Water Front Company for the property which forms the extension of one or more streets, that wharves may be con- structed there by the city. Operations upon the bar have so far advanced that we must soon have a commerce that will demand such facilities as suggested. We have ample reasons for the great faith we entertain as to Oakland's future. The wonderful growth of the last few years is but the forerunner of what is to come. We hold the position of center of the railroad system of the Pacific Coast. All railroads entering the State must seek San Francisco, and the easiest way to reach the metropolis is by Oakland. We must afford what privileges we can for the encouragement of such enterprises and render our city easy of approach by land and water. Railroads, commerce, and manufactures are to be the basis of our prosperity, and the policy of Oakland should be enlightened and liberal. Though there are few direct acts within the province of the Council which would have an important bearing, the general tenor of all your acts exerts a powerful influence. When it is seen that you are friendly to all enterprises that can increase Oakland's greatness, and that you duly appreciate their importance, the city becomes an inviting field for men of capital and energy Your policy has been, thus far, most praiseworthy, and it is bringing its merited reward." The reward to which his Honor alludes to must be, to use his own words given above, " the time has fully arrived when a request should be made to the Water Front Company," and through them the Central Pacific Railroad Company, "for the property which forms the extension of one or more streets, that wharves may be constructed there by the city " — and this in the face, of a ruling of thb Supreme Court, already produced in extenso. In the summer of 1877 ^ clamor was raised in favor of taking legal steps to open up the case from the beginning, the particular occasion for which was the dedication by the Oakland Water Front Company to the city of " the channel of San Antonio Creek from ship channel, in the bay of San Francisco, to the town of San Antonio, said channel or navigable water-course to be included between parallel lines, and to have an uniform width of four hundred feet," a width that was deemed insufficient for the future commercial wants of Oakland. On November 12, 1877, Henry Vrooman, the then City Attorney, addressed an able and lucid opinion on the subject to the Council. In this document he states ere concluding: "We have herein before shown: First — Not only that the Estuary of San Antonio, or ' Oakland Harbor,' is navigable in fact and in law, but as well that it is, in fact, navigated by vessels from both foreign and domestic ports. Second — That Congress- has the exclusive right to regulate commerce with foreign nations and among the several States; that this includes the right to prevent the obstruction of any of the navigable waters of the United States, of which the waters of ' Oakland Harbor ' are certainly a part, and that Congress has Oakland Township — City of Oakland. 539 exercised its power, in regard to the Estuary of San Antonio, by appropriating for, and spending money in, the improvement thereof, with the intention and avowed purpose of increasing the capacity of said harbor. Third — That the National, State, County, and City Governments have spent large sums of money amounting in the aggregate to hundreds of thousands of dollars, in improving the very harbor over which this Oakland Water Front Company assumes to exercise the rights of owner- ship, which it pretends to own in fee-simple, and through which it now assumes to dedicate a limited channel four hundred feet wide. Fourth — That if the channel is limited to a width of four hundred feet, as by this company proposed, the capacity of the harbor will be greatly lessened, to the irremediable detriment, inconvenience, and interruption of commerce and navigation, and a consequent injury to the city of Oakland. "Wherefore, my conclusions are, and I so advise you: — "«. That the Estuary of San Antonio, or "Oakland Harbor," and the whole thereof, between the lines of low tide, is a public highway for navigation, and that the Oakland Water Eront Ccwnpany has no right to use, build wharves within, or bridges across, or to exclusively occupy or appropriate to its own use any portion of said estuary or harbor (waiving in this report any question touching the title to the shore of the estuary). "b. That the action of said company in assuming to dedicate a limited channel or Wjiter-way through the harbor, confers no additional rights upon the public, because the public have the prior and paramount right to the whole harbor. "c. That it is not necessary or advisable for your honorable body to accept said dedication, or take any action in the matter; and "d. That if said company does not immediately relinquish its pretended claims to said estuary or harbor, and to the whole thereof, the best interests of the city demand the commencement and vigorous prosecution of such proceedings as will establish the rights of the public to said harbor, and for this: That the further impro.vement of the estuary by the United States Government will be prevented, unless this pretended claim can be set aside." And now comes the last act of what may be termed the Water Front Tragedy. On November lo, 1879, the Central Pacific Railroad Company filed a complaint against the city of Oakland, in the Third District Court, in an action to quiet the title to the water front. Besides this the complaint, which was sworn to by Charles Crocker, seemed to claim an exclusive right of way into the city of Oakland, over all other railroads. Suit having been brought it was necessary to take steps towards making a defence; therefore, at a meeting of the Council held December i, 1879, a resolution was presented authorizing the Committee on Ordinances and Judiciary to " employ counsel to assist the City Attorney in defending the suits now commenced against the city in which the title to the water front of the city is involved." On motion to adopt, Mr. Hewes presented a communication from Judge A. Campbell, Senr., and Chief Justice A. L. Rhodes, and called for its reading, which was done. Mr. Hewes then addressed the Council at considerable length, approving the sugges- tions made in the communications and opposing the adoption of the resolution. Mr. Millan offered as a substitute a resolution directing the Committee on Ordinances 540 History of Alameda County, California. and Judiciary to inquire into and report to the Council the probable cost of defending the water-front suits, and addressed the Council opposing the original reso- lutions and advocating the adoption of the substitute. The substitute was lost by : Ayes — -Messrs. Millan and Hewes, 2; Noes — Massrs. Cole, Will, Babcock, and President White, 4. Mr. Hewes offered as an amendment that the Committee on Ordi- nance and Judiciary be authorized and empowered to employ Messrs. Campbell and Rhodes to defend all the suits brought against the city by the Central Pacific Railroad Company, C. P. Huntington, and the Water Front Company. Mr. Hewes again ad- dressed the Council, earnestlyadvocating the abilityof the above-named gentlemen. The amendment was lost, Messrs. Millan and Hewes voting for, and Messrs. Cole, Wall, Bab- cock, and White against it. Mr. Millan then raised a point of order that the committee could not be empowered or delegated, unless byunanimous voteof the Council and before a ruling was had from the Chair. Mr. Hewes offered an amendment, directing the com- mittee to report to the Council the names of the attorneys to be employed, and the amount to be paid. The amendment was ruled out of order, as the matter had been already disposed of Mr. Millan then moved to lay the original resolution on the table, which was lost: Messrs. Millan and Hewes voting aye; and Messrs. Cole, Wall, Babcock, and White, no. An amendment was offered to add the words: "the action of said com- mittee to be subject to ratification or rejection by this Council," which was adopted by the following vote: Ayes — Messrs. Millan, Cole, Hewes, Babcock, and White; No — • Mr. Wall. The resolution was then adopted as amended, there voting for it Messrs. Millan, Cole, Wall, Babcock, and White, and against it, Mr. Hewes. This gentleman next offered a resolution expressing the sense of the Council that "it" (presumably the Council) was antagonistic to the interests of the Central Pacific Railroad. After some discussion the resolution was laid on the table by a vote of five to one. On December 4th a motion was made having as its purpose the employment of Albert A. Cohen as counsel to defend the water-front suits. It being read and motion made to adopt, Mr. Hewes addressed the Council, advocating the propriety of employ- ing additional counsel and expressing a fear that by employing one at a tirne it would open the door for the approach of designing men. President White then called Mr. Babcock to the Chair and addressed the Council,acknow!edging the weight of respon- sibility he felt in the premises, and declared his intention to stand by the interests of the city. Mr. Millan next addressed the Council, approving the action of the com- mittee and favored the adoption of the resolution. Mr. Hewes, in explanation, stated that he would vote for a resolution employing Mr. Cohen, with the understanding that it was the intention of the committee to employ other counsel, and would favor the employment of Mr. Vrooman, Judge Rhodes, or others who might be named; he could confide in the good judgment of the committee. The resolution was then adopted. On the 17th December, the attorneys in the water-front suits were directed to commence action against Samuel Merritt and others, to recover lands now in their possession on the water front; while on the 22d of that month Col. J. P. Hoge was employed as counsel for the city. The last entry on this subject which we will place before the reader is that on January 12, 1882, there was passed "An Ordinance to prevent further litigation concerning the Oakland Water Front" — a consummation devoutly to be wished; but Oakland Tqwnship — City of Oakland. 541 the citizens. of Oakland should never forget that Judge Baldwin has said: "The grant of the exclusive franchise by the Trustees is absolutely void." " The power to lay out and regulate wharves being given to the Council, cannot be exercised by Car- pentier." ' "We think that the general grant of this exclusive privilege is wholly void as exceeding the powers of the corporation." Judge Hoffman has placed on record the opinion that "the legality of the grant of an exclusive franchise cannot for a moment be supported." The Supreme Court of California stated : "We think then that this general grant of this exclusive privilege is wholly void." The late Governor Haight gave it as his opinion that "The claim advanced by the Water Front Com- pany is perfectly baseless." And in 46 Cal., 18, the reader will find these words: "Nothing short of a very explicit provision in the law will justify the Court in hold- ing that the Legislature intended to permit the shore, between high and low water mark, to be converted into private ownership." Closely allied to the water-front question is the subject of communication with San Francisco. It is now our purpose to follow the topic to the best of our ability. We doubt not that if the records of some of the Mexican ports could be referred to we would find that the San Antonio Creek is mentioned therein. With the splendid adjunct of the bay of San Francisco it is unquestioned that droghers found their way to the embarcadero of San Antonio, there to ship hides and tallow from the ranches of the Peraltas. Upon the arrival of the earlier pioneers and their establishment in the San Antonio redwoods, its advantages as a navigable stream were still further tried, and with the advent of the gold-seekers its capabilities were still further put to the test. From the earliest times it has been practically an artery of navigation, and as such was the proper property of the "Lord of the Soil," and could not be handed over to the tender mercies of private individuals. We have seen that communication with San Francisco was at a very early day kept up by means of whale-boats, and one of these named the Pirourette plied regu- larly as a ferry-boat between the embarcadero at San Antonio and San Francisco. The first official intelligence, however, of there being an actual ferry is to be found in the records of Contra Costa County, where, on August 4, 1851, the Court of Sessions granted a license to H. W. Carpentier and A. Moon to run a ferry "from Contra Costa, in the township of San Antonio,- to the city of San Francisco," and fixing the tariff as follows : — For one person $I oo " one horse 3 <^ "one wagon 3 oo " one two-horse wagon S °° " meat cattle, per head 3 oo " each hundred weight o 50 " each sheep i 00 ' ' each hog , i 00 And in that year regular communication was established. In 1852 the San Antonio Creek was declared to be a navigable stream by Act of the Legislature. In 1850 the Kangaroo was put on the route, but made only two trips in the week, her point of departure being San Antonio (now East Oakland). A small steamer, name not remembered, ran from Oakland in 1 851, while, in 1852, the Boston, and the 542 History of Alameda County, California. Caleb Cope, Thomas Gray, Master, commenced to ply. The first-named was, how- ever, shortly after this destroyed by fire. Towards the end of the year the Kate Hayes, the Red Jacket, and other boats were put on the route, until finally the Contra Costa Steam Navigation Company was established, with two steamers, making regular daily trips, and charging one dollar for each passage. On January 15, 1853, the now famous Board of Trustees passed an ordinance granting to the Contra Costa Steam Navigation Company ferry privileges between Oakland and San Francisco, which, however, was repealed on the ist of March follow- ing. An attempt was made though to have a bill quietly passed through the Legis- lature granting the exclusive privilege to G. W. Ryckman to establish and run a ferry between Oakland and San Francisco, an action which brought forth the following res- olutions from the Council at a meeting held April 18, 1854: — Whereas, We have learned that a bill has been introduced into the Senate of this State, proposing to grant a monopoly of the ferry privilege between the cities of Oakland and San Francisco to Gartet W. Ryckman for fifteen years, at rates of ferriage exceeding those now charged upon the ferries already established, and to raise a revenue therefrom to the State, therefore be it Resolved, By the City Council of the city of Oakland, that we view such a proposition with jealously and regret, as an unwarrantable attempt on the part of foreign speculators to cripple the commerce and resources, and to retard the prosperity of this city. Resolved, That we regard all such monopolies as injurious, not only to the city of Oakland, but also to other towns in the vicinity. The Legislature has already declared San Antonio Creek to be a navigable stream. There are several towns situated upon it and it is the only outlet for the increasing trade of one of the most pop- ulous and fertile valleys of the State. Any individual or individuals, who, by Legislative enactment, may hold a monopoly of that trade, will thereby injure and retard the growth and enterprise of our city and surrounding country. We deem a fair and honorable competition in all ferry enterprises between this city aijd San Francisco as a matter of constitutional right, and we deprecate any attempt to curb the prosperity of our people by the granting of any monopolies in relation to the same. Resolved, That we protest against any attempt to raise a public revenue by a special tax levied upon the citizens of Oakland as unjust, undemocratic, and oppressive. Resolved, That our Senator and member of Assembly be requested to oppose the passage of said bill. Resolved, That his Honor, the Mayor, be requested to forward copies of the foregoing preamble and reso- lutions to our Senator and Assemblyman and to the branches of the Legislature. In his message of April 29, 1854, Horace W. Carpentier, then occupying the civic chair, reverts to the subject of ferries in these words : " The subject of public ferries is an important one and worthy your consideration. Upon the proper regula- tion and the facilities for travel which they afford, Oakland is largely dependent, and I recommend that vigorous measures be taken to insure the speedy removal of the bar at the mouth of the San Antonio, so as to render communication with San Fran- cisco easy and certain at all hours and stages of the tide. Your attention has already been directed to a bill now pending before the Legislature, granting to an individual a monopoly of ferry privileges for fifteen years at greatly increased rates of ferriage, and to raise therefrom a revenue to the State. A proposition more manifestly unjust to the city of Oakland, or more devoid of all guarantees for the public security and con- venience could scarcely have been devised, nor one which will meet the more earnest disapprobation of every man living in Oakland or its environs, or in the least inter- ested in its prosperity. The resolutions of remonstrance heretofore passed by the City Council, I have caused to be presented to the Senate, and I feel assured that no fears need be entertained of its passage." In the foregoing we can see the jealousy that Oakland Township — City of Oakland. 543 was to prevent at all hazards the estabhshment of any line of communication in which the Carpentier faction had no interest. To them the navigable waters of the creek and bay were a part and parcel of the water-front concession — so-called— therefore the Mayor might well encourage the Council with the words, " that no fears need be entertained " of the passage of the bill through the Legislature. It is curious to watch also that what was a monopoly in one case was not so in the other — exclusive posses- sion of ferry line was not akin to exclusive possession of a city's entire water front! A year later, in 1855, the Council passed another resolution earnestly remonstrating against the passage of any law by the Legislature granting to any person, persons, or body a monopoly of ferry privileges between Oakland and San Francisco; while, in accordance with the suggestion of the Mayor, a resolution was passed, January 10, 1855, that proposals for the removal of the bar at the mouth of San Antonio .Creek, or dredging the same, so as to admit of navigation at low stages of the tide be received, and that the same be handed in to the Clerk of the Council on or before February i, 1855. We have shown before that Horace W. and E. R. Carpentier had been granted exclusive ferry rights in March, 1855, and that considerable dissatisfaction was being felt at the consequence of this concession, but still they held their own against all comers. Mayor S. H. Robinson, on April 2, 1856, sent a message to the Council wherein he dwelt at length on this and the subject of the Oakland Bar. He said, " I would call the attention of the Council to the bar at the mouth of the San Antonio Creek, an obstruction to the navigation of the same, which is estimated can be moved for about five thousand dollars. The dredging of this bar, owing to exaggerated estimates of its cost, has heretofore been looked upon as an enterprise, the expense of which was far beyond the reach of the limited means of our city. Such, however, is not the case. There is not a property-holder or a business-man within its corporate limits that would not cheerfully pay an additional percentage' as taxes towards such an object, knowing that the value of property and the amount of business would be increased thereby. The citizens of Clinton and San Antonio profess a willingness to contribute to this object, but they 'cannot be expected to do anything in the matter until Oakland takes the lead. I particularly urge you to consider this matter and would recommend the passage of an ordinance appropriating the sum of two thousand dollars to be paid, provided the balance is made up by cash subscriptions from other sources. Every part of Alameda County, and every citizen living within its limits is directly interested in the matter and would, I have no doubt, if the subject was prop- erly presented, contribute liberally towards the removal of its obstructions, without which a cheap, speedy, and certain access to the San Francisco market cannot well be found. " And in this connection I desire to call your attention to the subject of the ferry, as one of vital importance to the prosperity of the city. That the present ferry between this city and San Francisco is not what it ought to be and that it is conducted in almost total disregard of the public wants and interests, is a fact notorious to all. What steps, if any, ought to be taken by you with a view to its improvement, I am not prepared at present definitely to recommend, but I commend to you the whole sub- 544 History of Alameda County, California. ject matter as one eminently worthy of your careful consideration. Public improve- ments, either in dredging the bar, in placing the ferry upon a proper footing, or in constructing wharves, thereby increasing the means of access to our city, are public benefits and should be encouraged by all practical means, and in cases where private property is taken for public use, just and fair compensation should be made therefor." The outcry against the management of the ferry is continued by Mayor Williams, in his message of March lo, 1857. He there remarks: " The want of suitable and proper accommodations for passage between this city and San Francisco has produced great discomfort to passengers and worked a serious inj' ry to the prosperity of this city. The high charges for freight and passage; the want of comfortable accommodations; the uncertainty of time for trip; the length of time to effect a crossing of eight miles — generally one hour — the daily apprehension of remaining grounded on the bar for hours, have deterred hundreds from settling here, who, doing business in San Fran- cisco, would otherwise, with their families, have been domiciliated with us. The rates for passage charged, for instance, one hundred and eighty dollars a year for commuters, or, three hundred and sixty-five dollars per annum for non-commuters, and for indi- viduals for daily passage, and same rates of freight as charged two years ago, would seem to afford patronage sufficient to justify more convenient and enlarged accommo- dations, especially for females and children, to whom the want of suitable and proper arrangements, especially in inclement weather, is a serious inconvenience. " San Francisco Bay is an arm of the sea, being a maritime highway, and San Antonio Creek declared by Legislature a navigable stream, there is not now, and cannot be, any legal ferry monopoly. The regulations of the wharf and dockage privileges are entirely under your legal control, independent of the question of the ownership of the water front; and it is believed that a competition of passenger boats would produce a great reduction of fare; increased speed on trips; more promptness in the time of starting; greater comfort in the passenger-seats on board; less annoyance of wharfage at each end of the trip, and still leave, for two rival lines, a far larger profit per cent, on the capital invested than any other business or investment in the State. It is believed that the wharfage and dockage receipts realized by individuals which justly belong to the city are far more than adequate to pay the whole expense of the City Government, including the public schools without any other source of revenue. I recommend your encouragement of any feasible plan for competition in passenger boats, and, also in connection with this subject, a careful revisal and re-enactment with amendments of Ordinance Number Twenty-two, 'to regulate the tolls, wharfage, and dockage on wharves, piers, and slips' — approved May 16, 1855, and the subse- quent enforcement of a strict compliance with its provisions and an examination of the rights of the city to the wharfage and dockage collected at the wharves." It needs no words of ours to impress the reader with the annoyance experienced and the baneful influences exercised by the Carpentier ferry, under the management of Minturn, to whom the honor of giving the name to the line is awarded. The Mayor in the above statement has most capably told the story, while, at the same time, in relation to the bar he says: "The dredging of the bar at the mouth of the San Antonio Creek is also a work of such general utility to the counties bordering on each side of the bay, and the whole country at large, and so unlikely of accomplish- Oakland Township — City of Oakland. 545 ment under any present arrangement, that it would seem to present just claims to the consideration of the Legislature, and I therefore submit to you the propriety of an application for aid from the State to dredge and plank a channel of sufficient depth and width .to obviate any further danger or obstruction from that source in all time to come." The discontent with the Minturn line continued and soon manifested itself by the establishment of the Oakland and San Antonio Steam Navigation Company. This association was duly launched towards the end of 1857, and with the feeling then existing towards the opposition company, it was not long- before all of the stock was taken up, and its originator, the lamented Hon. James B. Larue, installed as its Pres- ident. Tiiey at once purchased the steamer Confidence, and from her built the San Antonio, which commenced to ply in April, 1858, the rate of fare being reduced to twenty-five cents. In the fall of that year the Oakland v/Sl^ constructed, and with her a very lively competition was inaugurated against the Contra Costa, both of which took the place of the Clinton and the San Antonio. But the newly formed Oakland and San Antonio Steam Navigation Company was not to be allowed to ply its boats unmolested. The suit of Minturn versus Larue et at. was instituted, in which the plaintiff prayed for an injunction on the ferry of which the latter was President; the case was taken before Judge Hoffman of theUnited States Circuit Court, and in the July term of the year 1858, that learned exponent of the law rendered the follow- ing decision, which declared that the ordinance granting an exclusive franchise was unconstitutional and illegal. It may be remembered that that also was the expressed opinion of Mayor Carpentier, when it was proposed to grant ferry privileges to Ryckman, in 1854: — "Minturn \ vs. J- Circuit Court U. S., July Term, 1858. "Larue et aL ) "The Bill in this case is filed for an injunction to restrain the defendants from interfering with the privilege of franchise of the complainant, in a ferry from the town of Oakland to this city, of which he claims to be the exclusive owner for a term of years. "This franchise is alleged to have been conferred on the complainant by an ordi- nance and contract pursuant thereto, made by the Trustees of Oakland in the year 185- The authority of the Trustees to make the ordinance and contract is derived from the Act of the Legislature, passed May 4, 1852. "Under the supposed authority of this Act, a contract was made by the Trustees, granting to the assignor of the complainant the privilege, claimed to be exclusive, of keeping and, running all ferries between the town of Oakland and the city of San Francisco and elsewhere. It is not denied that the defendants are running a ferry- boat between this city and the town of San Antonio, touching at Oakland; nor that the profits and business of the complainants are seriously affected thereby. It is urged that the Court should not, at this stage of the cause, determine its whole merits, but that the injunction should be granted if the complainant has made out a prima facie case. 54C Hisr(M Oakland Township^City of Oakland. 597 was admitted into the Department; and, on November 4, 1855, the office of Fire Warden was created. Unfortunately this organization was short-lived. On January 16, 1856, we find the Council authorizing the sale of the fire-engine if it could be done with advantage to the city, but on its being ascertained that such must be done by auction, in accordance with the charter, its sale was deferred. There is no other record in this regard until March 25, 1865, when fire limits were first established by ordinance. About this time the Delger Block was destroyed by fire and damage done to the extent of fifty thousand dollars. The want of an efficiently equipped Department was felt, therefore the military company known as the Oakland Guard tendered their services to the city in the following communication, an act highly creditable to the company and the individuals composing it: — "To The Honorable, The Common Council of the City of Oakland — Gentleme?i: The late disastrous and destructive fire which has devastated a large por- tion of our young city certainly shows the urgent necessity that exists for a proper fire organization to resist such a dire evil in the future. As citizens of Oakland, and havine her welfare and safety deeply at heart, we tender the services of the Oakland Guard as a fire company, provided your Honorable Body will furnish the necessary apparatus. While our services as soldiers are not needed on the battle-field, as firemen we may save our fellow-citizens, their lives, and property, from the scourge of fire. " Respectfully Yours, HENRY N. MoRSE." Consequent upon this public-spirited offer a public meeting of citizens was called for , April 24, 1865, where the presence of the Guard was earnestly solicited, and a Hook and Ladder Company was organized by them. On January 18, 1868, it was resolved by the City Council that permits would no longer be granted to erect wooden buildings within the fire limits. The present Fire Department was organized March 13, 1869, under the provisions of an ordinance approved September 21, 1868, by the election of John C. Halley as Chief Engineer, and Thomas McGuire and George Taylor, Assistants, who succeeded John Scott, Chief, and John C. Halley and W. W. Moore, Assistants, acting under authority of a previous organization. The apparatus of the department comprised a third-class Amoskeag fire-engine, purchased by the city, and a hose-carriage procured with funds temporarily advanced by Colonel John Scott. On September 28, 1868, an ordinance extending the fire limits was passed, which was repealed, however, on the 28th October. The Oakland Daily Sews of January 15, 1869, says: "There have been passed numerous ordinances creating and organizing a Fire Department, almost every Council having considered it incumbent to pass some such measure and in due time repeal it. The present Council has created a Fire Department, on paper, and destroyed it. Another department is about to be created which will be a reality, and we hope never to be disorganized. In ordering the transfer of five thousand dollars from the Building to the General Fund, the Council signified its intention to pay for the stearri fire-engine from the first funds that might be received. There is before the Council, for its consideration, a very long and elaborate ordinance providing for the organiza- tion of a Fire Department, the outlines of which vve will briefly state: Section One 598 History of Alameda County, California. enacts that, a Fire Dapartment is tiiereby created, and that all engine, hook and ladder, and hose companies having an organization and constitution, after petition to the City Council, shall be furnished with apparatus, provided the constitution of such company shall be submitted to the Council and approved by that body. Section Two provides that the Fire Department shall consist of a Chief Engineer and Assistant Engineer, three Trustees, a Foreman and Assistant Foreman for each fire company, a Foreman for each hook and ladder company, and such other officers as each com- pany may require. Each fire company shall, when full, consist of sixty-five men, including officers, and each hook and ladder company shall consist of twenty-four men. The hose company shall consist of men detailed from the fire company with which it is connected, and the men so detailed shall elect their own officers, and all the officers of each fire company, or hook and ladder company, are to be chosen by the members of each company. The Council shall appoint a competent Engineer and Assistant Engineer for each steam fire-engine. The Engineer must live at the engine- house and give his whole personal care to the trust devolving upon him, always responsible to the foreman of his company. In his absence the Assistant Engineer will attend to all these duties. The Chief Engineer and the Engineers of each steam fire-engine shall be allowed a salary to be fixed by the Council, but no other person connected with the department shall be allowed any compensation for his services. Section Three provides that the Trustees of the department shall be elected by the department, and hold office at their pleasure, but they shall not receive a certificate of election unless the City Council shall order the Clerk to issue the same; and by a two-thirds vote, with the concurrence of the Mayor, any Trustee can be removed. The department cannot remove a Trustee without the consent of the Council. No person removed can again serve as a Trustee in the department. Section Four pro- vides that the Board of Trustees shall hold in trust for the city all property of the Fire Department, and shall descend to their successors in office without formal con- veyance. Each Trustee shall take a proper oath before entering upon his duties, but no bonds are required. Section Five provides that the fire companies shall, on the third Monday of March in each year, hold an election for a Chief Engineer and an Assistant Engineer, such election to be held at some engine-house, as the Council may order, after ten days' notice. Only those persons who have for thirty days been members are entitled to vote, and the officers elected are to be approved by the Council before a certificate of election can be granted. Should they refuse to approve of the officer chosen by the department, they are to elect officers themselves. Section Six provides that each company shall adopt such rules and regulations as it may deem proper, subject to revision by the Council. Section Seven provides the duties of the Chief Engineer. He shall in all cases of fire have the sole control over all persons connected with the Fire Department. He is to have the arrangement of apparatus at fires. He shall examine frequently into the condition and requirements of the Department and report the same monthly to the Council, and also the number, location, and description of any property that may have been damaged or destroyed by fire, and the total loss. He is to superintend the erection of engine-houses, cisterns and any repairs which may be required and ordered by the Council. Section Eight provides that the "Engineer and his Assistants shall take oath of office. Section Nine Oakland Township — City of Oakland. 599 provides that the Chief Engineer's office shall be declared vacant by the Council, should he for the period of thirty days absent himself from the city. Section Ten enacts that the Chief Engineer shall act as Fire Warden and exercise a supervision over the construction of flues and chimneys. He is given power to cause the removal of hay or other dangerous material not under proper cover. He is given the authority to enter any house and inspect the same, and if he should find any explosive or combustible material liable to accident by fire, or any unsafe stovepipe or chimney, he shall order the owner of the premises, or the occupants of the same, to remove such dangerous material or stovepipe, or make the same secure. Persons refusing for the space of five days to obey such order shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than fifty nor more than one hundred dollars. The Engineer is to have power to order the immediate removal of any gun- powder or explosive material which may be dangerous to life or property. Any fines which may be collected under this section shall be paid into a fund to be known as the Fire Department Fund. ",The next section provides that the Forerrian of each company shall report to the City Clerk each quarter the names of all the members of his company, which shall be duly registered. The following section enacts that any insubordinate fireman shall be tried by the company to which he belongs, and punished by fine or expulsion if found guilty of an offensb. The next section provides that at an alarm of fire no engine shall be taken from its house unless one of the Foremen or four of its firemen be present and consent thereto. The next section vests every Foreman with all the powers of a policeman at the time of a fire. The following section makes it unlawful to drive a vehicle over the hose of any engine at a fire. The Chief Engineer is, by the next section, given power to order the tearing down of any buildings in an emergency occurring during a. conflagration. Persons called upon by the Mayof, a policeman or a fireman, at any fire, for assistance, and refusing, shall be deemed guilty of a misde- meanor. No independent fire organizations outside the provisions of this ordinance sh^U be permitted in Oakland." These valuable rules are here produced, not especially as a portion of the history of the city of Oakland, but as a possible advantage to those other towns where in the future it may be necessary to organize a Fire Department. They will be found eminently useful as a guide and foundation on which to build up so necessary an association. On March 3, 1869, the Phoenix Fire Company was admitted into the organiza- tion, but her stay in 1 the Department was not of long duration, as the following resolutions passed by the Council on October 24, 1870, will exemplify: — Whereas, It is evident that Phoenix Engine Company, No. I, after an existence of more than eighteen months, has utterly failed to so perfect its organization as to become a well-drill^ and efficient fire company, and Whereas, Said company shows no signs of improvement, but on the contrary manifested even less effi- ciency than usual at the fire which occurred on the i6th instant, and Whereas, The negligence and want of skill of said company have resulted in large losses of property to our citizens; therefore Resolved, That the honorable, the City Council, be requested to disband said company and take such steps as they deem necessary for the election of a new company by the Commissioners, or otherwise. Which, on being adopted, twenty-six persons were accepted as a new organization. 600 History of Alameda County, California. On February 17, 1869, the Council passed the following resolution: — Resolved, That the Committee on Fire and Water be requested to consider the matter of having hydrants placed at convenient locations' about the city and report to the Council at an early date. It is always a pleasing duty for the chronicler to place upon record the public acknowledgments of those persons who have earned the good wishes of their fellow- citizens. On February 22, 1869, Chief Engineer John Scott and the Oakland Fire Department were presented with a beautiful silver trumpet on behalf of the Pacific Insurance Company. The presentation was made by R. N. Williams, in a felicitous speech before the whole brigade, as follows : "Firemen of Oakland — The anniversary of the birth of the Father of our Country has been well chosen to celebrate the suc- cessful inauguration of an enterprise which claims the active sympathy and co-opera- tion of every citizen of Oakland. You have associated yourselves for no selfish pur- pose, but for the public good. The parade to-day shows what can be accomplished by men, few in numbers, but resolute in purpose, bent upon the acquirement of an object in which they believe, and for which they are willing to work. In a short time you have stimulated the public into earnest support of an effort to provide some means of protection against fires. You have induced by your personal exertions an apathetic city government into providing a steam fire-engine, which has no superior on this Coast. You have organized a company of active* and intelligent members, whose very appearance guarantees their efficiency. From among you, a few of the more prominent ones have secured an expensive hose-carriage and an ample supply of hose, for which they have become personally responsible. So far as you are con- cerned the organization is a complete success, and, with the exception of providing a 'steamer,' you have no one to thank but yourselves. You may well feel proud of your organization, for it is the result of your own labor. Only one thing is necessary to render your efficiency complete — an ample supply of water, and the public voice imperatively demands that this want shall be immediately supplied. You deserve some acknowledgment from the people for your services, and as the representative of one of the prominent Home Insurance Companies I request your acceptance of this trumpet for the use of your Chief Engineer and his successors in power." Mr. Williams then addressed the Chief Engineer of the Department, Col. John Scott, complimenting him upon the energy and perseverance he had exhibited in organizing the Fire Brigade. He expressed his belief that the gift would but gain value while in his possession, and, looking forward into the future, predicted that in time his little son, who was present, would fall heir to his father's tastes, energy, and popularity, and perpetuate the name of Scott in connection with the position of Chief of the Oakland Fire Depart- ment, to all of which the gallant Chief made a suitable reply. The trumpet bore the following inscription: " Presented to the Chief Engineer of the Oakland Fire Depart- ment, John Scott, by R. N. Williams, Agent of the Pacific Insurance Company." On the inverse side are the words: "To John Scott, by R. N. Williams, February t> 1869." On April 8, 1872, the West Oakland Hose Company was admitted into the Fire Deparcment. In his message of April 15, 1872, Mayor Spaulding speaks as follows of the Oakland Township — City of Oakland. 601 Fire Department: " Now that we are in a position to add to the efficiency of the Fire Department, I would suggest that the necessary steps be taken to render this depart- ment as efficient as our circumstances will admit, and the necessities of the case require. To this end I would recommend at least two cisterns in the most favorable location, of sufficient capacity to meet the requirements of possible emergencies, also that those already constructed be put in proper condition. " An apparatus which served the purpose of a few scattered hamlets in years gone by can no longer be considered sufficient to serve the purpose of a city of the proportions we now assume. In procuring new apparatus it should be your purpose to procure that which will best serve the requirements both as to utility and economy. I consider the Babcock Fire Extinguisher worthy of your special investigation." In a report made to the Council on April 15, 1872, by Chief Engineer George Taylor, we find that at that date the department was in possession of one steam fire- engine; one two-wheel hose-carriage; one Hook and Ladder truck and hooks; twenty- one hundred feet of hose; forty-one fire hats and belts; two fire-bells; thirteen hydrants, and three cisterns, valued in all at fourteen thousand seven hundred and thirteen dollars; while the department consisted of Phoenix Engine Company, No. i, with forty-five members, and Relief Hook and Ladder Company, consisting of thirty- seven members. Under the head of hydrants, Mr. Taylor says: " The hydrants are located as fol- lows: Northeast corner of Eighth and Alice Streets, northeast corner of Twelfth and Alice Streets, northeast corner of Tenth and Webster Streets, northwest corner of Eighth and Broadway, northwest corner of Tenth and Clay Streets, northeast corner of Eighth and Grove Streets, northwest corner of Tenth and Brush Streets, northwest corner of Fourteenth and Brush Streets, northeast corner of Eighth and Adeline Streets, northeast corner Eighth and Center Streets, northeast corner of Seventh arid Pine Streets ; Point, northeast corner of Fifth and B roadway, northwest corner of Twelfth and Broadway." He goes on to state: "The mains in the streets are not of sufficient size to properly supply the hydrants in case of fires, and I would recommend the lay- ing of fourteen-inch mains." In regard to cisterns, the Chief Engineer observe-:: " There are three cisterns. They are located at the corners of Broadway and Second, Broadway and Third, and Broadway and Fourth Streets," while he recommends the building of a second engine-house in the lower portion of the town, other than the one already constructed on the City Hall lot. On October 7, '1872, the complement of the Hook and Ladder Company uas increased to seventy men, while, on November 4th, thirty-five citizens organized into the department in place of the "J. B. Felton" Engine Company, No. 2, disbanded; and, on December nth, Brooklyn Engine Company, No. 3, was admitted into the brigade. On August 10, 1874, an ordinance for the re-organization and government of the Fire Department was passed; and, in 1876, a fire-alarm telegraph was completed. On January 21, 1878, the office of Fire Marshal was created. It is unnecessary further to pursue this theme. " Tall oaks from little acorns grow." This has been the history of the Oakland Fire Department, a branch of the municipal government of the city that cannot be too carefully fostered. It is not 39 602 History of Alameda County, California. requisite that we should here enumerate the names of the different fire companies, for their histories will be found separately given at the end of this chapter; suffice it to say that they all are in a state of high efficiency, and on all occasions when called upon render valuable service. On the 2Sth April M. M. Howe, late City Marshal, made his report: — "Gentlemen: I have the honor to make the following report: — Total amount of taxes collected by me is $Ij9S9 5^ F. K. Shattuck & Co., taxes marked paid by order of Council 7^ 5° $2,036 08 Less my legal fees 3°5 4i $1,730 67 F. K. Shattuck & Co., taxes, etc 76 5° Total amount due the city $1)654 '7 Annexed is a list of property, the taxes on which remain unpaid. Respectfully, etc., M. M. HoWE, City Marshal and Tax Collector. Under date April 21, 1855, Marshal Howe communicates the following letter to the Council: — " Since the making of the above report I have paid back to Dr. de Tavel thirteen dollars and forty-five cents, he having presented to me a receipt for the same property. There also remains (not yet paid in by Mr. Crocker) thirty-four dol- lars and ninety-three cents, making forty-eight dollars and thirty-eight cents, to be deducted from one thousand six hundred and fifty-four dollars and seventeen cents, leaving the sum of one thousand six hundred and five dollars and seventy-nine cents to be paid to the city, which amount is in my hands in Fire Department scrip. I herewith transmit papers from the Sheriff to me, for your attention and await any orders from your Honorable Body." Accompanying the above report there were two copies of executions; one issued out of the Third Judicial District Court in favor of Hill, Hassington, and others, dated February 6, 1855; the other, issued out of a Justice Court, Brooklyn Township, dated Clinton, March 3, 1855. This report was referred to the Judiciary Committee, who. May 2d, made their statement as follows: — "The Judiciary Committee to whom was referred the report of M. M. Howe, late City Marshal, of April 21st, and received by the Council April 28th, beg leave to report that they have examined the same, and regret to find it entirely unsatisfactory, as to the finances of the city and the money in his hands. He does not set forth from whom he has received taxes, nor in what sums,' in detail, nor is the same accompanied with the official books which he is bound to deliver to his successor, or surrender them to the Council. It alleges that he has appropriated to his own use three hundred and five dollars and forty-one cents of the city's money, which he assumes is the amount of his legal fees, whereas it is his duty to pay over into the City Treasury the whole money collected, and present his bill for services to be properly audited. It alleges that all the money collected by him, and now in his hands, is all in city scrip of the Fire Department Fund, without specifying in what sums received, or from whom. Your Committee therefore deem the said report Oakland Township — City of Oakland. 603 entirely unsatisfactory, and they recommend that Jegal proceedings be instituted against Mr. Howe and his sureties on his official bond, to enforce from him a legal compliance with his duty as late Marshal." On January 9, 1856, he, however, paid his balance to the Treasurer, amounting to one thousand six hundred and thirteen dollars, being the sum due by him for col- lected taxes during the 'fiscal year 1854-55. On the 1 6th of the month last men- tioned the City Treasurer reported a balance in money and scrip of two thousand nine hundred and eighty-five dollars and forty cents, a decided improvement in the state of the city's finances. Let us for a moment turn to the defaulting ex-Marshal, John Hogan. On Feb- ruary -20, 1856, Messrs. Talcott and Durkee and Mr. Webb laid claim to the reward of two thousand dollars for his apprehension, but this the Council declined to enter- tain, as they had reason to believe that Hogan had returned to the State with the especial intention of surrendering himself to the authorities, and settling his affairs^ This he apparently never did, for it appears on record, under date December 28, 1859, that the Council resolved "that Malachi Fallon and Michael O'Grady be, and are hereby released as sureties on the official bond of John Hogan, late City Marshal and Tax Collector of the. City of Oakland, on their paying to the Treasurer of said city all costs and charges and all expenses incurred by the said city in the prosecution of said suit and now pending in the District Court, Third Judicial District, and on the payment of such costs and expenses, the said sureties shall be released and the said action on behalf of the city be dismissed." On June 27th S. B. McKee presented his bill for two hundred dollars legal services rendered at the instance of the city in bringing suit upon the bond of Hogan, and attending to the same to the City Coun- cil, who thereupon passed the following resolution: — Whereas, The City Council of Oakland did, on thej28th'day of December, 1859, pass a resolution provid- ing for the release of the sureties upon the bond of John Hogan, formerly Marshal of said city, upon certain conditions therein set forth, and on the 1 5th of February, i860, passed another resolution authorizing the City Treasurer to receipt for certain costs and charges which accrued in the suit instituted by the city against said Hogan and his sureties, and it appearing that the conditions set forth in said first .passed resolution have not been complied with, therefore, Resolved, That the said resolution passed on the 28th day of December, 1859, and the said resolution passed on the iSth day of February, i860, be and are hereby repealed. On March 19, 1856, the City Treasurer made the following report showing the , state of the city funds for the year ending March 5, 1856: — Total amount of accounts audited, including interest on theJFunded Debt of the city since the Sth day of March, 1855 $8,475 66 Total amount of accounts audited by the Council and contracted before the 5th of March, 1855 $I,ISI 62 Total expense of the Funded Debt, including interest, engraving bonds, salary of Funding Commissioners, stationery, etc 3>oi6 25 4, 167 87 $4,307 79 Leaving the actual expenses of the past year.^including salaries of school teach- ers at the sum of four thousand three hundred and seven dollars and seventy-nine cents. 604 History of Alameda County, California. Receipts. Received from J. P. M. Davis, City Marshal and Tax Collector $3)I5° °° " " M, M. Howe, late Tax Collector, in money 15 oo In scrip, and interest allowed on the same 1,59^ °° From Funding Commissioners — Received on bonds 2 62 Received for License on Dogs S °° " from County Treasury for Schools 532 24 Expenditures. In scrip ordered canceled Feb. 20, 1856 i,598 00 Paid to school teachers ■ 532 24 " on general accounts, appropriated September 17, 1855 1,408 50 " interest on $21,200.00, city bonds 742 00 $5,302 86 4,280 74 Total blance in Treasury 1,02212 Amount of the above set apart for interest on Funded Debt 1, 00s 00 Leaving a balance of $14^ Amount of property assessed the fiscal year 1855-56 is $426,577 00 " taxes on the same is $6,390 66 Money received from Tax Collector on the same is 3> 15° 0° Leaving a balance to be collected of $3>240 66 Which, if collected, will leave a balance in the Treasury, after paying all expenses of the past year, interest, etc., of $216 86 On March 12, 1869, in his message to the Council, Doctor Merritt, as Mayor, made a most exhaustive statement of the financial condition of the city. The amount in the Treasury on March i, 1868, was six thousand two hundred and twenty-seven dollars and ninety-seven csnts, while her total indebtedness reached the sum of sixty- two thousand and seventy-two dollars and ninety-one cents, but which was increased until on March i, 1869, it reached the amount of one hundred and ten thousand four hundred dollars. In the mean time the debt increased, and called forth the following observations from a committee appointed to ascertain the amount of such: " It is the unanimous opinion of your Committee that means must be adopted to liquidate the city's float- ing indebtedness that has been ignominiously brought upon her by those who were too sanguine in the rapid development of the future of Oakland, resulting in the lamentable fact that with her annual interest and municipal expenses she finds herself pecuniarily embarrassed and wholly beyond the power to honor the bills of her employt's when they are due. Therefore it is the opinion of your Committee that immediate meas- ures be taken to dispose of some of the city's unproductive property, and the < proceeds be applied to cancel her present floating indebtedness, and again place her in a position of solvency, whereby the bills of her salaried officers would be honored and respected when presented for payme.it. And in order to have our municipal government respected at home and abroad, her bills must be honored, and a rigid course of economy inaugurated by all of her public servants in the future. " Your Committee have taken under careful consideration, and have advised with his Honor, the Mayor, regarding the disposal of one or more of the public plazas^ but fears are entcrtamed that the city's power to transfer her title is so vested that it may be the entering wedge to future litigation, should the attempt be made to use them for any other purpose than that for which they were intended by the donor. Oakland Township — City of Oakland. 605 " To increase our Funded Debt seems to be at least an unwise and short-sighted policy, as the property-holders are already laboring under the oppressive weight of taxation, that no other people are, in the State, save one exception — Sacramento- We are already paying interest on one hundred and eighteen thousand seven hun- dred dollars, and should it be materially augmented, it is but reasonable to ask, when would our taxation be less, and when could we pay the principal unless our percentage on taxation was increased? And in view of the many obstacles that have arisen in the minds of your Committee to devise some way to pay the floating indebtedness of the city — they can see only one satisfactory way by which it may be done, and that is to have a Legislative power vested in the guardians of the city, and dispose of the City Hall, and with the proceeds pay the bills now knocking at the door of our Tre sury for admittance." According to Mayor Spaulding, and the reports of the City Treasurer and Assessor, the following will show the financial condition of the city: — ASSESSMENT OF THE CITY OF OAKLAND. , YEAR. TAX. ASS'D VALUE. I 794. 121 970, 125 00 1,107,940 60 1,434,800 00 1,832,428 00 3. 363.478 25 4,256,702 25 4,563.737 25 5,300,000 25 Subsequent (estimated) 200,000 1871-72 City Property $ 33,120 Improvements on same 44,000 Stricken from Rcill 77, 1 20 Which added to 5,500,000 1863-^4 $1. 1864-65 I. 1865-66 I. 1866-67 . 1867-68 I. 1868-69 I. 1869-70 I. 1870-71 I. 1871-72 I. 1871-72 I. Makes a Sum Total for 1871-72 $5,577,120 The Treasurer's report shows the total indebtedness of the city September i, 1 87 1, to be two hundred and ninety-two thousand one hundred and thirty dollars and forty cents, as follows: — Old Funded Debt $ 18,400 00 City Hall Bonds 50,000 00 Carpentier's Judgment Bonds 16,000 00 School Bonds of 1868 50,000 00 New Funded Debt of 1870 70,000 00 School Bonds of 1870 50,00000 Total amount of Funded Debt $254,400 00 FLOATING DEBT. Warrants I 10,00 000 Salary Bills unpaid 1 1,268 26 Miscellaneous Bills S. 974 32 Gas Bills 8,616 98 City Hall Bills 1,870 84 Total $ 37,730 40 Making the sum total .'.1292,130 40 606 History of Alameda County, California. CITY PROPERTY. (Taken at its cost, and upon which there cannot be much depreciation in value.) City Hall Lot and Buildings $72,000 00 School Lots 35.406 00 School Buildings 67.730 00 Water Front property (estimated value) 35, 000 00 Fire Department property 12, 731 00 Total (exclusive of school furniture and other personal effects of the city) $222,867 °o The value of all the taxable property within the limits of the city of Oakland, as shown by the assessment for 1875-76, was twenty-two millions two hundred and seven thousand four hundred and ninety-nine dollars, the rate of taxation being eighty-eight cents on one hundred dollars' worth of property, giving a gross reve- nue of one hundred and ninety-five thousand four hundred and twenty-five dollars and ninety-nine cents. This tax was collected to within a few hundreds of dollars; the penalty of five per cent, being paid by delinquents having more than compensated for this deficiency. In the beginning of the year 1876 the funded debt amounted to six hundred and sixty-four thousand four hundred dollars, on which there was interest amounting to fifty-five thousand six hundred and eighty-eight dollars per annum. Of this one hun- dred and sixty-six thousand dollars was incurred for the construction of the Lake sewer. The interest on these bonds was thirteen thousand two hundred dollars per annum; but these items should properly be deducted from the sums first stated, which would leave the actual debt then existing at four hundred and ninety-nine thousand four hundred dollars, on which the an^iual interest would be forty-two thousand four hundred and eighty-eight dollars. Thus it will be seen that the debt was but two and one quarter per cent, on the assessed value of the property within the limits of the city. ' * The amount of cash on hand January i, 1875, was one hundred and twenty-seven thousand six hundred and five dollars and eleven cents. The total amount of cash received by the Treasurer during the calendar year 1875, including the sale of Sewer Bonds, was four hundred and seventy-nine thousand eight hundred and eighteen dollars and ninety-three cents. The total amount of dis- bursements was four hundred and fifty-one thousand four hundred and twelve dollars and sixty-six cents; the cash on hand January i, 1876, amounted to one hundred and fifty-six thousand and fifty-six dollars and thirty-eight cents. Besides the revenue from direct taxation, the city received thirty-two thousand nine hundred and fifty-two dollars and fifty cents from the sale of licenses; ten thousand and eighty-four dollars and fifty-five cents from fines collected in the Police Court; fifty-one thousand two hundred and twenty-six dollars and sixteen cents school money from the State and County, and for the tuition of non-resident pupils; and five thousand three hundred and fifty-two dollars and twenty-seven cents from other sources. The current expenses for the year were eighty-five thousand five hundred and twenty -eight dollars and fifty cents; while an engine-house was erected at a cost of thirteen thousand seven hundred and thirty dollars and twenty cents. Of this state of affairs Mayor Webber says: "The existence of a debt is an evil, and can nearly always be avoided by the practice of a little self-denial. Many cities would have been pros- Oakland Township— City of Oakland. 607 perous but for such an incubus, and at this late date it is superfluous to submit the rea- sons that have caused so decided a change in pubHc opinion. School houses, engine- houses, and other municipal improvements that will be needed almost every year can be paid for out of the current revenues .without difficulty. There is only one contin- gency where the issue of bonds will be necessary. I refer to the purchase of water- works. "It will hereafter be an easy task for the Council to continue the present healthy financial condition of the city, the difficulties that proved so formidable in the past having been removed. With no floating indebtedness, and with sufficient funds to meet the demands for the year, it would be impossible to present a more satisfactory exhibit." In concluding the subject of city finances, we will now give a short sketch of the different city bonds. Bonds of 1868. — This issue was authorized by the Act of the Legislature, approved April 26, 1858, which provides for the funding of the legal indebtedness outstanding on May i, 1858, not previously funded, and for the exchange of any unre- deemed bonds issued under the Act of April, 1855. These bonds had twenty years to run, and bore interest at seven per cent, per annum, payable semi-annually in Jan- uary and July. Provision was made for the interest by an annual tax on the assess- able property of the city; and for the payment of the principal an additional tax, equal to one-half of the amount then outstanding, was authorized to be levied in each of the years 1876 and 1877. School Bonds, 1868. — Amount, $50,000. Authorized by an Act March 13, 1 868. These bonds were made redeemable at any time within ten years, and bore interest at ten per cent., payable annually in January. For the payment of the interest an annual tax was authorized, and for the redemption of the principal an additional tax not to exceed ten cents on each one hundred dollars of the assessable property of the city might be levied, the amount derived therefrom to constitute a redemption fund. Whenever the fund amounted to one thousand dollars or more, it was to be appropriated to the liquidation of the bonds at the lowest rates (not more than par value) offered by the holders thereof Should a balance remain, it was to be appropriated to the liquidation of bonds in the order of their issue, which, if not pre- sented after due notice, the interest thereon should cease. In each of the years 1875 and 1877 a tax was authorized sufficient to pay one-half of the amount outstanding. City Hall Bonds, 1868. — Amount $50,000. Authorized by Act March 19, 1868. Redeemable at any time within fifteen years, and bore ten per cent, inter- est, payable annually in January. For the payment of the interest and prin- cipal the same provisions were made as are contained in the School Bond Act of March 13, 1868, except the time for levying the tax for the final redemption, which was fixed in the years 1880 and 1882 respectively. Judgment Bonds, 1868. — Amount, $16,000. Authorized by Act of March 28, 1868. Issued to E. R. Carpentier in satisfaction of a judgment against the city. 608 History of Alameda County, California. The same provisions and guarantees that are contained in the City Hall Bond Act of March 19, 1868, regulates the issue, and payment of the principal and mterest o these bonds. School Bonds, 1870. — Amount, $50,000. Authorized by Act March 24, 1870. Redeemable at any time within ten years, and bearing ten per cent, mter- est, payable quarterly in January, April, July, and October. For the payment of the principal and interest, the same provisions apply as are contained in the School Bond Act of 1868, except the tax levied for the final redemption of the bonds, which were to be made in the years 1877 and 1879 respectively. Bonds, 1870. — (To pay certain claims.) Amount, $70,000 Authorized by Act of March 24, 1870. Redeemable in twenty years, and bearing ten per cent, interest per annum, payable in January and July. For the payment of the interest a property tax is authorized, and for the liquidation of the principal a sinking fund is provided for the proceeds of an annual tax (to commence in 1880) of ten cents on each one hundred dollars of the assessable property of the city. Whenever this fund, after the payment of the annual interest, should amount to two thousand dollars, it was to be appropriated to the liquidation of these bonds at the lowest rates (not more than par value) offered by the holders thereof In the event of this fund not being exhausted after a stated time, the balance shall be appropriated to tha payment, at par, of the bonds in the order of their issue, which, if not presented at due notice, the funds for the payment of the same shall remain in the Treasury, and the interest thereon cease from that date. School Bonds, .1872. — Amount $50,000. Authorized by Act, March 18, 1872. Redeemable in twenty years and bearing eight per cent, interest, payable in January, April, July, and October. For the payment of the interest a property tax is author- ized, and for the liquidation of the principal a ten per cent, tax is provided for, to commence ten years from the issuance of the bonds, the amount from which shall constitute a Redemption Fund. When this Fund amounts to one thousand dollars or more, it shall be appropriated to the liquidation of the bonds at the lowest rates offered (not above par). Should there not be a sufficient amount of bonds offered to exhaust this fund, the Council may again advertise as before. All moneys remaining in this fund, together with a property tax to be levied in 1891, sufficient to pay the balance of the principal unpaid, shall constitute the final Redemption Fund. Bonds, 1872. — (For municipal purposes.) Authorized by Act March 27, 1872, (amount $80,000), redeemable in thirty years, and bearing eight per cent, interest' payable in January, April, July, and October, commencing with October, 1872. For the payment of the interest, an annual property tax is authorized, and,' for the pay- ment of the principal, an additional property tax, to commence in 1893, is provided for, of ten per cent, on each one hundred dollars, to create a fund for the redemption thereof. On February i, 1893, and annually thereafter, when there are more than two thousand dollars over the amount sufficient to pay the interest due on the following April and July, it shall be appropriated to the liquidation of the bonds at the lowest Oakland Township — City of Oakland. 609 ^ . _ • . rates offered (not above par). If the amount be not exhausted after a stated time, the balance shall be appropriated to the payment, at par, of the bonds in the order of their issue, which if not presented after due notice, interest thereon shall cease. Oakland Bar Bonds. — By an Act approved March 28, 1868, an issue of bonds of $15,000 is authorized, the proceeds to be applied toward removing obstructions at the mouth of the San Antonio Creek, so as to render the same navigable. The Council are, in addition, authorized to raise annually, by taxation, a sum not to exceed five thousand dollars, to be applied to the same purpose. These have been issued and redeemed. Main Sewer Bonds. — Authorized by Act of March 23, 1874, payable in ten years, and bearing interest at the rate of eight per cent, per annum. "Floating Indebtedness" Bonds. — ($100,000.) By the "Act to provide for theLiquidation of the floating Indebtedness of the City of Oakland, and to prevent the incurring of farther Debts," approved March 30, 1874, the City Council are authorized to issue and sell bonds of the city of Oakland to the amount of one hundred thou- sand dollars, redeemable July i, 1905, and bearing interest at the rate of eight per cent, per annum, payable on the second day of October, January, April, and July. School Bonds, 1874. — ($100,000.) Under provisions of the Act passed March 30, 1874, the City Council of Oakland were authorized to sell and issue bonds to the amount of one hundred thousand dollars, payable July i, 1905, and bearing interest at eight per cent, per annum, for the purpose of redeeming the bonds issued under the Acts of March 13, 1868, and March 18, 1872. Water Bonds. — By the Act entitled "An Act to authorize the City of Oakland to obtain a supply of Water," approved March 30, 1874, the Board of Public Works were .empowered to issue bonds of the city of Oakland, payable July i, 1896, to" the amount of eight hundred thousand dollars. No definite action has as yet been taken by the Council to avail itself of these privileges. Bonds of 1882. — ($167,000.) On June 19, 1882, the City Council were author- ized to issue bonds to the amount of one hundred and sixty-seven thousand dollars^ under provisions of Cap. 6, Tit. 3, Pt. 4, of the Political Code, to be redeemed October I, 1895. This is the last mention of bonds we have up to the present time in the history of the city of Oakland. On September 14, 1853, an ordinance was passed establishing a Police Depart- ment for the town of Oakland, the first step taken for ofificially placing the town under official care. On the i sth October, John McCann appears as Chief of Police for the first time, and on the i8th "An Ordinance supplementary to an Ordinance to organize a Police Department for the Town of Oakland," was passed. On the 5th November provision was made for the erection of a station-house; and, on November 1 2th, the pay of regular policemen was fixed at one hundred and fifty dollars per month, during the time they actually served, while, on December 24th, seventy-five 610 History of Alameda County, California. dollars was allowed for policemen's badges, and tlius we have the pristine guardians of Oakland's peace en grand tenue. The next we learn of police matters is from the message of Mayor Carpentier, dated April 29, 1854. He says to the Council: "The passage of proper police regula- tions and the organization of a proper Police Force, I deem indispensable. Situated as is Oakland, within so short a distance, and almost forming a part of, the great commercial metropolis, it is to be anticipated that criminals, unless prevented by fear of detection, may infest our city." On May 6th of that year, John Hill was elected Captain of Police, and R. W. Kellogg and William McCaw, policemen. It is to be inferred, for the records show nothing to the contrary, that some kind of a police organization existed during the decade between 1854 and 1864. On the 2Sth October of that year an ordinance was passed establishing a Police Force which had general supervision over all the city. On May 18, 1867, Oakland was divided into police districts, however, and a system of routine inaugurated; while, on the 25th May, the Police Commissioners, who then had the regulating of the force, were authorized to employ special policemen on Sundays, or when required, a measure consequent of the number of roistering visitors to the sylvan shades of this side of the bay on holidays. It was not until October 4, 1869, that the office of Captain of Police was created, F. B. Tarbett being appointed thereto on the nth of the same month. The force from this time has been in a high state of efficiency and a credit to the city, whose highways are as safe during the darkest night as at noonday, a convincing proof that the criminals who are so active in the metropolis have a wholesome dread of crossing the bay to carry on their nefarious practices in Oakland. On May 28, 1877, an ordinance was passed for the uniforming of the Police; while, on October 3d, at a special meeting of the Council, consequent upon the death of Captain of Police Rand, the following resolutions were unanimously passed: - Whereas, By the stem decree of Divine Providence, D. H. Rand, late Captain of Police of this city, has left for that "bourne from whence no traveler returns," it is due to his memory that this "sprig of green" be in memoriain. Whatever he did was done well; nothing was left undone that could be consummated; he shirked no duty, dared to face danger, and his hand went quickly out to arrest the violator and disturber of the law; in every sense of the term he was a true citizen and a bold exponent of the right. In his loss the Police Departmenj- of this city has been bereft of a competent director; this city an upright official and useful citizen; and his family a beloved husband and father. To his widow we offer every consolation which humanity can give, and we would extend to her this truth, and that to the memory of her late husband, " Well done, thou good and faithful serv- ant. " And be it further Resolved, That the Council and city officials attend his funeral in a body, together with the Police Depart- ment of the city. And be it further Resolved, That this preamble and these resolutions be spread upon the Minutes of the Council, and the City Clerk transmit a copy thereof, under the seal of the city, to the widow of the lamented departed. His Honor, Mayor Pardee, then addressed the Council as follows: Mr. President and Gentlemen of the Council: It is with a feeling of sadness that I rise to speak of one whose many virtues you all do know. Captain Rand has been taken from us by the cold, icy hand of death, and he now sleeps in the arms of eternal happiness and peace. That majestic form that was so well known, and was a harbinger of peace wherever he was, will be seen no more. His voice is hushed, and the eye that beamed forth with electrical sparks of good-will toward all mankind is now closed forever. The city of Oakland has lost a good and faithful officer, and we, as their representatives, a warm-hearted and genial friend. Captain Rand had his peculiar idiosyncrasies of temperament; his heart was illuminated from the lamp of goodness, and the soul and pride of his ambition was to do good, always believing that it was better to err on the side of mercy and poor, suffering hunianity than to have the applause of the whole world and the sting of consciousness of having done a Oakland Township — City of Oakland. 611 wrong whereby the heart of man would be made heavy and despondent. His test of Christianity was: oth3rs as you would that they should do unto you." ' Do unto 1854. — We have already stated that the native CaHfornian continued his national pastimes after the occupation of the country by Americans, and Sunday being the day on which they kept their fandango houses open and fought wild bulls in the arena, the better thinking of the citizens thought that to carry out their early training these amusements should be stopped, therefore they petitioned the Trustees, Febru- ary 4, 1854, that these should be suppressed; consequently, ordinances were passed for that purpose on that date. On February 1 1, 1854, the Board of Trustees employed E. R. Carpentier to defend certain injunction suits, brought by John C. Hays and others against John Hogan, Town Marshal, to restrain the collection of town taxes, at a price not to exceed one thousand dollars. The service was rendered, and a warrant for the payment of the stipulated price was issued. Other legal services were performed, and other claims accrued; and claims being made which were thought unjust and unfounded, the pay- ment was resisted, and litigation continued from 1854 until 1868, when, in the Twelfth District Court, judgment was rendered for fifteen thousand two hundred and twenty- five dollars and eighty-eight cents, debt and damages, and costs and disbursements, and percentage allowed by law; the amount of the judgment to bear interest at the rate of ten per cent, per annum. On August 17, 1868, the City Council adopted a final resolution authorizing the City Clerk to issue to Edward R. Carpentier, bonds to the amount of sixteen thousand dollars, in satisfaction for the judgment held by him against the city of Oakland, and thus terminated a series of lawsuits which had been maintained for fourteen years. On March 25, 1854, the Act giving to Oakland the distinction of a city was passed, its government being vested in seven Councilmen to constitute a Board to be known as the City Council; a Mayor, an Assessor, a Treasurer tohe. ex officio Clerk of the City Council, and a Marshal. The Mayor, by the provisions of the bill, was to be elected for one year, and the rest of the corporate officers for two years, "provided, that at the first election the three Councilmen of the seven elected, having received the least number of votes at the election, shall be elected and hold their office one year." Section four of the charter fully enumerated the powers and duties of the Council. The election was duly had, and, on April 17, 1854, at a meeting of the Council held under the new Charter, Alderman Blake in the chair, the returns of the election were canvassed. Let us give the names of the competitors; it may refresh the memories of those now remaining: MAYOR. H. W. Carpentier. . . S. J. Clark.' Z. Gower B. F. Ferris P. Rosasco S. B.Bell J. Hogan TREASURER. J. R. Dunglison. T. Gallagher . . . W. H. Baxter.. H. Horton E. Gallagher. . . . — Donaldson. . . J. Hogan 121 82 82 69 I I I MARSHAL. J. Hogan . . . . J. Brown. . . . W. Hillegass. — Pond — ■ Baar. .... F. Johnson. . . 144 86 129 I 2 I AS.^ESSOR. J. S. Tubbs H. Douglass L. N. Crocker. . . . W. W. NichoUs. . J. R. Dunglison... H. Horton M. D. Cassin Wm. McNair — • Brown S. B. McKee H. W. Carpentier. 181 83 72 1 3 I 3 I 2 I I 612 History of Alameda County, California. ELECTION RETURNS, CONTINUED. CITY COUNCIL. VOTE 289 230 225 219 141 98 lOI lOI 38 75 CITY COUNCIL. VOTE 33 19 13 14 66 43 15 77 6 3 CITY COUNCIL. VOTE CITY COUNCIL. VOTE E. Gallagher G M Blake J. E. Whitcher A. M. Brocklebank. . . Geo. Cofifee Col. E. Davis Wm. Card 3 41 I 42 I I I I 3 I H. W. Carpentier I Chas. Stewart Wm. McCann T. Conolly S Bell I T. Gallagher Blakesley ^ W. C. Josselyn A Marier . ... I Wm. McNair Wm. Harwood A. R. Simons T. Holden A. Monroe W. R. Russell M. A. Moon G. M. Blake I N. J. Thompson F. J. Mette T. W. Taylor G. Aldrich John Woolsey A. Durant I 2 S B McKee G. H. Monroe A D McDevitt L, N. Crocker E. G. Jacobus 9 The total number of votes cast was three hundred and sixty-eight. At the same meeting Mr. Gallagher was elected President of the Council, and on the i8th April the bonds of the' officers were fixed as follows: Treasurer, twelve thousand dollar^; Marshal, twelve thousand dollars; Assessor, three thousand dollars. On the same date Samuel J. Clark gave notice that he would contest the election of H. W. Carpentier, but nothing would appear to have come of this action, for we know that that gentleman remained in possession of the civic chair. On April 22d voluminous rules, regulation, and by-laws for the guidance of the City Council were adopted. Upon their assumption of office the first City Council would appear to have experienced considerable difficulty in obtaining the funds of the city in the hands of the late Town Marshal amounting to a balance of six thousand dollars. On April 21, 1854, City Treasurer Dunglison addressed a communication to John Hogan, for- merly Town Marshal, requesting the payment of all moneys belonging to the town or city of Oakland, as well as the delivery of all documents, papers, vouchers, etc., belongmg to the Treasury of Oakland, to which that official replied: "The money realized from the tax sale in question has been attached in my hands by J. C. Hays, J. K. Irving, Treasurer, and others, on the ground of fraudulent assessment, and I cannot give up the money until I see myself clear." Upon the receipt of this commu- nication Treasurer Dunglison reported to the Council for their information, and requested them to require the late Marshal to deliver the said funds over to the City Treasury, or to require him to give equal bonds (twelve thousand dollars) with the Treasurer. He further stated: "The trial has been postponed until some time in May next, and without some action on the part of your Honorable Board, it is to be pre- sumed that many months will elapse without the city being allowed even the use of the public money." Considerable discussion thereafter ensued as to if the Marshal had a right to retain these funds, while, a Special Committee was appointed to investigate the matter and to ascertain the most sure and speedy method of obtaining the money from its holder. These gentlemen, under date April 29th, reported that "Marshal Hogan refuses to deliver the money in his possession until such time as the City Council shall give personal security for the amount and costs of suit in the case of J. C. Hays et al., pending against him." In his message of April 29, 1854, Mayor Carpentier says: "First among these Oakland Township — City of Oakland. 613 [certain interests] is the subject of Finances. The exact financial condition of the city as successor to the rights and liabiUties of the town of Oakland I have not ascertained, but to say that the taxes of last year when fully collected, would if applied to that purpose, pay off and discharge the existing indebtedness of the city, will be found to be approximately correct. During the two years of doubtful experiment in which your predecessors in office so economically administered its municipal affairs, Oakland has grown from a mere collection of half a dozen houses to its, present pro- portions of promise. That they have been able to manage the public business of the town during this period with the levy of but a single tax, and that they now trans- mit it free from onerous embarrassment is alike complimentary to them and the citi- zens at large. Abstractly considered, taxes are an evil; but if it be possible, as is sometimes the case, in the early history of municipalities, by the collection and prudent expenditure of a tax of even three or four per cent, upon the assessed value of prop- erty, to increase its marketable value twenty-five per cent, then taxation becomes a benefit and an act of wise legislation. "You are limited by the charter to a tax for all purposes of one and a half per cent. The valuation of property within the city cannot greatly exceed two millions. On this the extreme tax would be but thirty thousand dollars. Add to this the sev- eral amounts that will be received from the percentage on wharfage and ferries, from license taxes and municipal fines, which are believed to constitute the only sources of revenue under the charter, and you will have a sum wholly inadequate to the necessi- ties of current expenditure. "And in this connection your attention is called to the suits now pending against the City Marshal. " To avoid the payment of a fair and uniform tax for school purposes, levied by the town, under the former charter, and the collection of which the Marshal was proceed- ing to enforce, the passage of. the present charter was urged upon the Legislature by non-resident claimants and their agents; fabricated petitions were presented, purport- ing to be signed by a thousand citizens of Oakland, and the feelings and wishes of the people grossly misrepresented. Hence that extraordinary provision in the nine- teenth section of the charter, which was intended to operate as a legislative injunction, and to bar the collection of taxes. Prior to this, two injunctions had been procured from two different courts and had been dissolved on application, and the suits dis- missed. The greater portion of these taxes, however, has been finally collected and the Marshal will be directed to proceed forthwith to collect the balance which remains unpaid. These vexatious lawsuits have been brought anew by residents of San Francisco who became purchasers at the tax sales, to recover, on the ground .of alleged irregularities in the assessment, a portion of the moneys collected and which are now in the hands of the Marshal, awaiting the disposition of the City Council. " As the grounds now taken have already been decided favorably upon to the city, in the dissolution of the injunctions above referred to, I recommend that these suits be defended by the city, and that counsel be employed for that purpose. These difficulties and struggles to resist contributions towards the support of the best interests of the city, I am happy to say do not originate with, and are not partici- pated in, by the people of Oakland, and I rely upon the good sense of our citizens to 614 History of Alameda County, California. aid by any means in their power the officers charged with that duty in the collection of such taxes as may from time to time be imposed, and to resist any and all attempts on the part of non-resident adventurers and speculators to embarrass and cripple the affairs of the city. " It is to the prompt payment of taxes mainly that we must look for the organ- ization and support of a Fire Department, of a Detective Police, of Free Schools — that institution more promotive of morality and good order than all penal laws com- bined — and of the various public improvements which are indispensable to the pros- perity of the city. If you would avoid the creation of a public debt, with depreciated scrip every cent of which must finally be paid by means of taxes, and which will in the mean time rest hke an incubus upon the city, your only resource is judicious taxation. " The subject of licensing trades and occupations will come before you. The charter provides that 'licenses shall be discriminating and proportionate to the amount of business.' I suggest therefore that the various branches of business be classified according to the monthly receipts, so as to make the license tax as nearly uniform as possible. The system of taxing legitimate business and labor is essentially wrong and can be justified only by necessity. I recommend therefore that the city licenses be fixed at the lowest rates consistent with the condition of the Treasury. " Your power, under the charter, to contract debts and to loan the credit of the city is unlimited — a power not a little dangerous to be vested in a Municipal Corpo- ration, and wholly inconsistent with our State Constitution; but I have no doubt that a discriminating regard for the welfare of the city will incline you to caution in its exercise." On May 6, 1854, the late Marshal requested that he be empowered to employ counsel to defend the suits instituted against him on the ground of irregularity in assessment, a matter that was referred to a committee, who. May loth, recommended that the Council should assume the responsibility of paying to him such moneys as it shall be absolutely and actually necessary for him to pay out in the carrying on of these suits, but subject to the auditing and approval of the Council. On June 17th, in accordance with section six of the charter, the City Treasurer presented the follow- ing report, which was referred to the Committee on Finance: " The total amount of money received by me up to the present time is twelve dollars and seventy-five cents. This sum was handed over by L. Coburn, late Town Treasurer on the, 27th of May, as being the balance of the town funds remaining in his hands. The cash expend- itures during the same period were nothing, and for the indebtedness incurred I must delay mention until the next meeting. The fines levied upon prisoners I have not received a cent of as yet, and would request your Honorable Body to pass some reso- lution making it incumbent upon the parties concerned to pay the money into the Treasury weekly. I would also respectfully state that the police books of the former administration have fines recorded to the sum of between two and three thousand dollars, paid in to the Justice of the Peace, but which sum has never been paid into the Treasury; whether these sums were for city or county crimes I cannot determine, but they still remain in the police books." The following will show what the receipts and disbursements for the first three months of the city's existence were, from May 21st to August 2 1 St. Oakland Township — City of Oakland. 615 Receipts. Expenditures. Bal. from L. Coburn, late Town Treasurer. .$ 12 76 Criminal Docket for Mayor's Office $ 2 00 Tax on dogs, for Quarter ending Sep. 20, 1854 69 00 Fuel, lights, etc 35 12 Rec'd from J. Hogan, City Marshal, on acc't Capt. Hill, for sustenance of prisoners 31 00 of taxes collected on assessment for 1853 -Alteration of City Seal 5 00 and 1854 1,313 65 Stewart's bill for stove, etc 22 00 Rec'd from H. W. Carpentier, percentage on L. N. Crocker, for furnishing City Hall 198 00 wharf receipts 44 44 Carrell, for Spanish translation of assessment Fines collected, from Justice Robinson 16 00 list 40 00 License for Dance H ouse on Broadway and Policemen, on acc't of salary 225 00 Tenth Streets 30 00 Printing ordinances in Express, etc 65 00 Scrip rec'd from John Hogan, City Marshal Inspectors, etc., at Charter Election, April, on acc't of taxes collected on assessments | 1854 45 00 for 1853 and 1854, issued to Miss Jayne | Stationery, etc 19 00 for School purposes, Jan. 2, 1854 \ 450 00 _. Interest on same® 3% from Jan. 1854 to July I Total Expenditures ,. ... $687 12 1854 J 93 SO Forfeited bail of M. Wild, from Capt. Hill. . 10 10 Total Cash $i,495 95 Recapitulation. Total Cash $1,495 95 Total Expenditures 687-12 Balance $808 83 Total Scrip 543 50 Balance on hand $265 33 The following report from the City Treasurer will explain the position between that official and the Marshal on October 21, 1854: "To avoid any misunderstanding or accident, I respectfully make the following statement: Having occasion to pay sundry bills by order of the Council I called on the City Marshal to-day for the amount of taxes collected on the present assessment roll. His answer was that he should not pay over any of the funds on hand until the entire taxes were collected. I would respectfully request that an order be issued to the Marshal directing him to pay over without delay all moneys in his hands belonging to the city. The additional bond of five thousand dollars, ordered by the ordinance providing for the levy and collection of taxes, has not yet been filed, and I regret to say that the original bond of the Marshal filed upon his entering upon the duties of his office, in April last, is not now in the archives. By an unluckly mistake the bond was some time since given to Mr. Hogan in place of his certificate of election-. I discovered the mistake on the following day and requested its return. This request has been repeated several times, but without effect, and a day or two since Mr. Hogan informed me that he had lost the bond from his pocket-book, with other papers. This qnfortunate mistake and the non-fulfillment of the Marshal in filing the additional bond leaves the city without any security for the amount collected on the two assessments, and as I have been partly at fault in the matter I would request that immediate action be taken in the premises. I would also state that as the Marshal has considered it within his province to pay out sundry amounts before the money has been placed in the City Treasury, I shall be under the necessity of refusing to pay out any funds until it is definitely settled who is the City Treasurer and what are the duties of his office, as well as of the City Marshal." On receipt of this communication the Clerk was directed to write forthwith to 616 History of Alameda County,. California. the Marshal and request his presence before the Council, while, a resolution was passed instructing that officer to suspend all collection of taxes until such time as a new bond should be filed, or until the old bond was produced, together with the addi- tional bond referred to above. In addition to these, on November 6th, he was directed to make a full report of all moneys belonging to the city received by him; all moneys in his possession, and all moneys paid over to the Treasurer. These instructions he apparently treated with the supremest indifference. We find, on November 9th, the following proceedings were had in the Council: Proposed by Alderman Eames, and Resolved, That the Clerk be instructed to notify the Marshal that the Council are aware that there are parties in this city who have not been assessed, and for that reason they wish the Assessor's books to be forwarded to the Council Room immediately, that they may order a supplementary assessment, and the Marshal is hereby instructed to appear immediately before the Council with all the books belonging to his office as Marshal. Alderman Kelsey then moved that the Marshal be invited to explain everything not appearing satisfactory to the Council, which was carried. Next, on motion of Alderman Marier, the Marshal was instructed to procure his books and bring them before the Council forthwith. Alderman Eames then moved that the Council appoint a Sergeant-at-Arms, pro tempore, to procure and produce the books from the City Marshal, which was lost. Considerable discussion thereafter ensued, in the midst of which a communication was received from the City Marshal, when it was moved by Alderman Eames that " the Council adjourn." Alderman Marier then moved that a Constable be appointed this evening to procure the books from the Marshal. This resolution being carried, the same gentleman moved that L. N. Crocker be appointed Constable, which was, however, withdrawn. At this stage of the proceedings a com- munication was received from the Marshal, after which the following resolution pro- posed by Alderman Marier was carried. Whereas, John Hogan, Marshal of the city of Oakland, has refused to obey the order of the City Council of Slid city, to produce the books of assessment of property within the corporate limits, which order was made for the purpose of correcting said assessment and adding thereto the assessment of property which has been therein omitted and neglected. Resolv.-d, By the City Council of the city of Oakland, that the said JOHN HoGAN be suspended from the exercise of the functions of Marshal of said city until a further and full investigation "of said charge of disobedi- ence of orders and neglect of his duties can be had, and further, that the said John Hogan be commanded to appear before the City Council of Oakland on Saturday next, nth November, at seven o'clock p. M. and that the Clerk be instructed to forward a copy of this resolution' to Johm Hogas, City Marshal. These proceedings had the effect of producing from that contumacious oflficial the following terse report: "The amount received by me for city taxes is total three thousand five hundred and twenty-seven dollars and twelve cents. The amount paid over to the City Treasurer, is six hundred dollars." From the foregoing facts it will not astonish the reader that on the morning of December 15th, it was oflRcially noti- fied to the Council by the Mayor, who inclosed an affidavit of Michael O'Grady to the effect that the Marshal had levanted. The Mayor's message reads : " From the accompanying affidavit which has been laid before me, it appears that John Hogan late Marshal and Tax Collector of the city, has absconded, carrying with him the funds in his hands belonging to the city. From all the data I ascertain that he had in his possession about ten thousand dollars belonging to the corporation. Considerabl more than half of this amount is in litigation, and was retained by him subject to th Oakland Township — City of Oakland. 617 decision of certain suits brought by Edward and Rodmond Gibbons, John C. Hays> and others for the recovery of moneys paid as taxes to the town of Oakland, and which are still pending in the Supreme Court. But for these vexatious suits the moneys would doubtless have been long since paid over and applied by the city to its convenient uses. A portion of the taxes for this year were collected in warrants drawn on the City Treasurer, which, as that officer informs me, have been turned over to the Treasurer and duly canceled. And I am happy to be able to state that the bonds of the defaulting officer are amply sufficient to cover the entire sum embezzled and are signed by well-known and responsible citizens. It will be for the City Council to take such steps as they may deem prudent in the premises, and I recommend that measures be taken without delay to secure the arrest and conviction of the offender." Upon learning of the malfeasance, and in accordance with the Mayor's suggestion, the Council then passed the following: — Whereas, It has appeared to the Council that John Hogan, City Marshal and Tax Collector, of the city of Oakland, has absconded from the city; and it is believed, the State, with funds belonging to the city, therefore. Resolved, That the sum of two thousand dollars is offered for the apprehension of the said Hogan and the delivery of his body to any Constable or Sheriff in the County of Alameda, State of California. This resolution was published in the papers of San Francisco and surrounding counties. In the meantime a special Committee of three was appointed to investigate his affairs, with power to employ counsel to aid them in endeavoring to recover either from his effects, or from his sureties, the amount of their obligations caused by his absconding; it was therefore, January lo, 1855, Resolved, That S. B. McKee be employed as Counsel for the city of Oakland to confer with the Committee appointed to investigate the matters relating to the absconding of the late Marshal, Hogan, and take such steps and legal proceedings which said Committee will think proper. Here we will let the matter rest for the present. On November 11, 1854, Mayor Carpentier vetoes the ordinance entitled, "An Ordinance for reducing the Assessment upon the Lots and Blocks owned by John C. Hays, John Caperton, Edward Jones, William B. Dameron, the Heirs of J. A. Cost, James M. Goggin, J. M. Calleyo, Joseph Black, and Joseph K. Irving, deceased," and gives very lengthy reasons for so doing; while, on December 9th, in accordance with a resolution calling upon the City Marshal to make a report on the taxes collected by him, the following was presented : — Amount of taxes received this fiscal year, 1854-55, amount in full to the sum of $9.43° 69 The amount of scrip received for taxes 3. 3°7 3° Cash paid the City Treasurer 600 00 ^ Paid E. R. Carpentier, by order of Council 200 00 My legal fees for collecting °43 °7 $4,950 37 $4,480 32 We do not know how these figures were obtained, but the above is a verbatim copy of the entry as it appears on the minutes of the Council. The Marshal goes on to say: "There now remains in my hands belonging to the city, collected this fiscal year, 1854-55, to the amount of four thousand four hundred and eighty dollars and eighty-two cents." On January 27, 1855, the City Treasurer makes his report, which is referred to the Finance Committee, who, on reporting upon it, together with the 40 618 History of Alameda County, California. auditing of the account and charges set forth in said report, as well as the financial affairs of the city submitted: "That on the 30th day of January, A. D. 185S, said Committee served a written notice on the Clerk and Treasurer, J. R. Dunglison, requesting and requiring him to meet said Committee on the 30th day of January, A. D. 1855, at one o'clock, P. M., at the Council Room, for the purpose of investigating the financial condition of the city, and the inspection of vouchers (if any) for the accounts and charges set forth in said report. " Section Two. — That said Dunglison, Treasurer and Clerk, refused to meet said Committee, alleging as a cause that he would not meet said Committee if A. D. Eames, Chairman of said Committee, should be there, and for further excuse said he had business in San Francisco, wherefore your Committee could not make the investigation required. Your Committee would further say that they met this after- noon for the purpose of making the investigations above mentioned and requested said Clerk and Treasurer to meet said Committee, but he refused, so that your Com- mittee could not inspect the books and record, and consequently are unable to make the report desired. The Committee also accompany this report with the amount of receipts given by said Treasurer to John Hogan, late City Marshal, for moneys, which are said to be in his handwriting.'' Mr. Dunglison was thereupon suspended from office. By a singular oversight at Washington, Oakland was excluded from the postal routes in California, >and although a post-office was early established, the mail service was, even in 1854, kept up by private subscription: this mistake, however, was soon rectified until now she is well served in that particular. On Saturday, September 16, 1854, The Contra Costa, a newspaper published by J. R. Dunglison & Co., and edited by Mrs. S. M. Clarke, made its first appearance. From its columns we glean that a duel was fought in the environs of Clinton, on the morning of September 21, 1854, between Messrs. Dorsey and Bevin, of Los Angeles, both of whom were wounded. It would appear that Sheriff Simmons, of Oakland, had been informed of the intended meeting but did not arrive in time to prevent the exchange of shots. He afterwards arrested some of the parties and took them before Justice Ferris of Oakland; but no one appearing against them they were discharged. Indeed, this was the day of duels, for not long after the meeting mentioned above an affair of honor was had between Achilles Kewen and Colonel Woodlief The weapons used were rifles, and the latter was shot through the heart. The origin of the affair was as follows: On the evening of Thursday, November 8, 1854, Mr. Kewen, at the time not perfectly sober, was engaged in a little war of words with an acquaintance in the Blue Wing" saloon. The acquaintance said he was a Know-nothing; Kewen said that, for himself, he was the son of an Irishman. The other replied that he was none the better for that; to which Kewen replied that his father fought at the battle of New Orleans. The other asked, which side ? At this Kewen got angry, and was speaking in a violent tone, when Colonel Woodlief came up (they were friends) and led him away, saying, he was wrong, to which Kewen retorted that he was not. Wood- lief repeated the expression; Kewen said he was not, and he would consider a repeti- tion of the assertion an insult; Colonel Woodlief repeated it, and Kewen, raising his hand, gave his friend a slight blow upon the mouth. The next morning Woodlief Oakland Township — City of Oakland. 619 sent a challenge; Kewen sent it back with a straightforward apology upon it. Wood- lief refused to accept it, saying that the offense was given in public and the apology, to be satisfactory, must be given in public likewise. Kewen refused to give a public apology, and hence the duel Colonel Woodlief, who canne to California in 1849, was born in Greenville County, Virginia, from whence he moved to Texas twenty years before. He was a Colonel in the Texan army, was subsequently one of the Texan Rangers, and during the Mexican War accompanied the American army as a volunteer. He had been engaged in many duels, being often desperately wounded. At the time of his death, he carried three bullets in his body. He left a wife, who accompanied him as far as Oakland on his last and fatal journey. In November, 1854, the Right Reverend Bishop Kip made arrangements to have Dr. Carter's large and commodious hall fitted up as a temporary Episcopal church, and perform the duties of pastor himself The building was located on Broadway. Saint John's Episcopal Church, however, was organized in June, 1852, and is the oldest church foundation in the city, except the Roman Catholic. Let us briefly tell the history of that structure. In 1852, when Oakland was less than a village, having but half a dozen houses in it, two Episcopalian families met and worshiped unitedly, and thus continued till a member of one of the families fell dahgerously ill, when the little coterie ceased to meet. About a year later, the Rev. Dr. Ver Mehr, then Rector of Grace Church, San Francisco, visited Oakland, and a meeting of twelve persons was with difficulty convened. Towards the close of the year 1853, an Episcopal clergy- man. Rev. Mr. Morgan, appeared on a bright Sunday morning and read the prayers and preached under the branches of one of Oakland's shady trees, with a glad zeal, reminding us of apostolic times, when the people of Antioch, in Pisidia, begged Saint Paul to preach to them the same words. The next Sabbath-day the little flock in Oakland determined to have a covered church of some kind ready for the preacher ere the following Sunday. A large tent, twenty-five by seventy feet, was accordingly erected, a communion-rail put up, a temporary pulpit contrived, and a few benches arranged in the body of the tent. A cross outside designated the object of the build- ing. But when all things were ready, to the disheartenment of those who thirsted for the glad tidings of salvation, through some accident the clergyman came not. " Is there no minister present?" was the question asked by all. The Rev. Mr. Walsworth, afterwards head of the Pacific Female College, then stood up, and said, " I am a minis- ter but not an Episcopalian. I am a Presbyterian, and will preach to you if you desire me to do so." His offer was joyfully accepted and a collection of nineteen dollars taken up. Next day the tent and all the seats were bought by the Presbyterians, which was the origin of that branch of Christ's Church in Oakland, who called as their first pastor. Rev. Sam. B. -Bell. Episcopacy, however, is not easily discomfited, for its " foundations are upon the holy hills,'' and its teachings are broad as the com- mandments of God, and are deeply planted in the hearts of its people. Another Episcopal minister, Rev. Mr. Reynolds, preached to a feeble congregation for three Sundays, and on November 15, 1854, Bishop Kip celebrated Divine service in a room provided for the purpose. It is best that Paul should plant before Apollus begins to water, and the presence of the Bishop gave at once a reality and an impulse to the discouraged work. He preached to a numerous and attentive audience, and 620 History of Alameda County, California. the hopes of Episcopalians took a fresh start. A missionary to the Chinese, Rev. E. W. Syle, arrived in January, 1855, and at the request of the residents and upon the recommendation of the Bishop, became acting Rector of the embryo parish, in combi- tion with his special mission. At the regular service on Sunday morning, January 7, 1855, fourteen persons were present. The first communion was celebrated on Sunday, February 4th, when eleven persons partook of the sacred rite with the Rector. On the 1st March, a few of the residents of Oakland, viz.: Messrs. Carter, Daniell, Suewrktop, Compton, Washington, and Gallagher met and associated themselves together for the purpose of organizing the parish, and on the 5 th another meeting was held at which Dr. M. Carter, E. A. Suewrktop, and Dr. R. Washington were elected Trustees of the same. The necessary papers were then forwarded to the County Clerk and the proper record made on March 27, 1855. At the Diocesan Convention held in San Francisco in May, 1855, the parish was represented by Dr. Carter and Andrew Williams, Esq. It was admitted into convention, but owing to various cir- cumstances it was not until the 8th of August following that a constitution and by- laws were finally adopted. The names of the wardens and vestry, when their full number was completed, were as follows: E. A. Suewrktop, Senior Warden; D. Carter, Junior Warden, and Clerk of the Vestry; R. Washington, Andrew Williams, and John Schander, Vestrymen. A rented room, twenty-five by thirty feet, which had been a drinking-saloon, on the southwest corner of Seventh Street and Broadway, was fitted up with chancel, bdnches, etc., at an expense of about one hundred and fifty dollars- This sum was liquidated by donations and subscriptions, but eighty-five dollars remained unpaid at the end of the year, on the score of the first three month's rent. The current expenses were met by collections made every Sunday. The cross over tie chancel of St. John's was originally erected over the altar in this room. The Rev. Benjamin Akerly, D.D., was called as Rector of St. John's parish, March i, 1558, since when he has ministered to its duties in such a manner as to cause him to be respected by all creeds and classes. In the month of November, 1854, the foundation of a Baptist Church was laid in Oakland und3r charge and ministerial care of the Rev. Mr. Willis, a highly finished scholar and accomplished gentleman. 1855. — On the night of January 23, 1855, it would appear that an attempt was made to destroy the records of the city of Oakland, a proceeding that brought the City Council together on the following day, when the accompanying resolution was passed, that. Whereas, An attempt was made on the night of the 23d day of January, 1855, 'o destroy and abstract the records of the city of Oakland, or a portion thereof, therefore be it Resolved, That the Committee of the Whole investigate the matter, and the cause thereof, if any. That the Clerk and Treasurer of said city be instructed to assist the said Committee in all matters pertaining thereto, in his power. That said Comuiittee report at the next meeting of the Council. Another session was had on the 27th, when the annexed resolution was carried: — Whereas, An attempt has been made to destroy the public archive-, of the city of Oakland and to burn the Hall of said city; therefore be it. Resolved, That the sum of one thousand dollars is hereby offered by th; cityof Oi'vl.\i.l for the arrest and conviction of the person or pjrsons that conmitted the above offenses. Oakland Township — City of Oakland. 621 It would appear as if the records of the city were a source of great anxiety to the Aldermen of the period for, on March 31, 1855, they Resolved, That the Clerk of this Council be, and he is hereby instructed to demand from H. W. Carpentier, and from any and all persons having possession and control thereof, the book containing the Ordinances and Pro- ceedings of the late Trustees of the town of Oakland, the Scrip Book, so called, being the records of scrip and warrants issued in behalf of the city of Oakland together with all other books and papers, records and documents, belonging to the city of Oakland, and if refused to take all necessary and legal measures for the recovery and possession thereof. ' This is certainly a curious motion, for it is hard to conjecture what difficulty there should be, and why one should arise, in obtaining official archives from the head of a municipal government! On April 25th, Rev. E. J. Willis was granted the use of the "Pavilion" for Divine service. Under date April 28, 1855, we find the following example of what may be termed an unusual generosity. It would appear that an ordinance had been passed calling for tenders to supply the printing for the city, upon which H. K. W. Clarke, proprietor of the Contra Costa newspaper, sent the following communication to the Council: " I will do the advertising of the city of Oakland, during the current year, in the columns of the Contra Cos-ta without charge?" On the same date, after a short and appropriate address. Alderman Gallagher tendered his resignation as President of the Council, when a vote of thanks was passed. The Council then proceeded to fill the position, but no choice having been made, after the sixth ballot, the election was deferred until the next meeting. On May 2d therefore, the matter was once more brought up, when Alderman Williams was declared duly elected to the Chair. Mr. Gallagher then resigned from the Council, when he stated (by letter) his cause for leaving to be that his business being entirely located in San Francisco, and the difficulty of intercommunication being so great, that he could not properly attend to his duties on the Council. On his retirement being accepted the following resolution was adopted: — Whereas, 'I'he Hon. Ed. Gallagher, late President of the Council, has tendered his resignation as Member of this Council, and, Whereas, Said Gallagher, by his efScient services in the Council, has secured the approbation of his fellow. Councilmen and of the public; therefore be it Resolved, That we only echo the public sentiments of our constituents, when we tender to our late colleague, Alderman Gallagher, our cordial and sincere thanks for his able, honest, and faithful services to the public while a member of the Board. Resolved, That the best wishes of this Council be tendered to Alderman Gallagher for his future health and happiness. Resolved, That a copy of these resolutions, signed by the I'resident and Clerk, be transmitted to Alderman Gallagher, by the Clerk of this Board. On August 8, 1855, the following salaries and allowances were fixed: Clerk and Treasurer, fifty dollars per month; the Assessor, for assessing city of Oakland and taking census of children, two hundred and fifty dollars; the Marshal and Collector for collecting city taxes, five per cent, fjn the amount collected and paid into the Treasury according to charter; Inspectors, Judges, and Clerks of election, five dol- lars per day; Teachers of Public Schools (male department) eighty dollars per month; Teachers of Public Schools (female department) eighty dollars per month; while November 4th, the salaries of Funded Debt Commissioners were stated at two hundred and fifty dollars each. 622 History of Alameda County, California. On January 30, 1855, between the hours of one and three in the morning, George W. Sheldon was taken from the hands of the civil authorities in the city of Oakland across the bridge into Clinton and there cruelly murdered by an excited and outraged multitude. The facts of this disgraceful affair are these: On the night of Sunday, January 28th, Edward M. Tuttle had a valuable horse stolen from Kelsey's stable in Oakland. Some time during the following day the animal was discovered by a milkman looking for some cows that were adrift, concealed and under lock and key in a shanty, situated in a secluded and unfrequented place about half a mile distant from the stable whence he was stolen. The milkman immediately acquainted the owner of the horse of the discovery he had made. Mr. Tuttle with Frank K. Mitchell, taking with them Constable Kelsey and three or four neighbors, proceeded early in the evening to the shanty, where they found the horse as represented. They took the precaution of entering the hovel through an opening which they effected in the rear of the building, carefully closing the aperture after them. Between eight and nine o'clock they perceived two men approaching the building, where they were concealed. On reaching the door they stopped for a moment, apparently to see if they were unobserved, when Sheldon (who was by his voice immediately recognized by those within) remarked to his companion, " It is all right !" He then hastily unlocked and opened the door, and, stepping in, saw the figure of a man standing - before him. At this unexpected apparition, Sheldon started, but recollecting himself, he exclaimed, "How are you, Kelsey! I know'd you was here!" Getting no response, he continued. "Damn it, why don't you answer? You needn't be afraid." Kelsey was not the man addressed. The constable then stepped forward, arrested Sheldon, and commanded those with him to take his companion, who proved to be one Nathan Parker, familiarly known as Bob Parker. The constable took the two prisoners to the office of Justice Ferris, before whom the warrant was returnable. Sheldon expressed a wish that the case might be examined before some other Justice of the Peace, therefore he was transferred to Justice Marier. The case came on for examination before Marier on the following day, the 30th, when the facts as above stated were developed by the testimony. The statement of the prisoners themselves> as given before the Court, did not materially differ from the evidence on the part of the prosecution. Justice Marier thereupon held them to answer to the Court of Ses- sions, fixing the bail at three thousand dollars each, in default of which they were committed to the "lock-up," until they could be taken to San Francisco Jail — then used as the jail of Alameda County. The prisoners were returned to the calaboose at one o'clock. Soon an excitement began to be noticeable, and summary punishment was pub- licly talked of Towards evening the indignation had greatly increased, and threats were openly made that the prisoners should be "strung up." Some citizens advised the immediate removal of the prisoners to San Francisco, and the Marshal went so far as to unmoor his boat and station it off the wharf, in order to facilitate the removal, but Constable Kelsey was so confident that no attempt would be made to rescue the prisoners, or, if there was such, it could be successfully resisted, that he declined assistance and decided to keep the men under his charge until the morning. To one of the prisoners the promised morning never dawned! The constable kept a small Oakland Township — City of Oakland. 623 body of citizens about the "lock-up." There was a good deal of excitement through the city during the evening, but no large assembling of people was visible, and the impression becoming quite general that no rescue would be attempted, the lieges generally retired to rest. Those who resided in the vicinity of the prison were, about two o'clock, startled by the horrible cry of "Murder! Murder!" issuing from the vicinity of the "lock-up." The prisoners were in the hands of the mob, who, numbering from fifty to seventy-five men, all armed with revolvers, came upon and overpowered the guard, beat in the door, seized the prisoners, and, almost as quick as thought, were moving in order towards the bridge connecting Oakland with Clinton. The mob took the prisoners across the bridge into Clinton, and, selecting one of the finest oaks, prepared to suspend Sheldon from its branches. He was called upon to confess, but declined. The rope was drawn up, so that his feet just touched the ground, when he was again called upon to make a confession. He again declined. Again the mob drew him up, so that his toes .barely touched the ground. He refused to say anything that would tend to -implicate either himself or others. The mob becoming tired of these experiments finally, with a sharp tug, drew him up about three feet from the ground, and in a few minutes he was a corpse. Sheldon,after recovering from the effects of his first seizure, was cool and collected to the last. He had, once before, been in the hands of the same mob, and was let off on his promise of future good behavior. After he was thus summarily executed, the other prisoner, Parker, was led up in front of him, and asked to make confession, which, to some extent, he did, implicating strongly several parties before suspected. The mob becoming satisfied that Parker had been the tool of others in the business of stealing, and more fool than rogue, admonished him to leave the county forthwith, and made him the bearer of a " notice to quit" to several others by him implicated. The mob having accomplished what they deemed their part of the business, dispersed and dis- appeared as suddenly as they came, leaving the civil authorities to go through the farce of holding an inquest, and finding a verdict of " Death by hanging." Among the noticeable improvements in the city of Oakland, in the year 1855, , was the opening of a drygoods store, with a city-like aspect, in the same building with Dr. Washington's apothecary shop; at the corner of Broadway and Second Street, by Mr. Gallagher, who was also Postmaster. This store, we are informed, was looked upon with wonder by an amazed and admiring population. It was a veritable piece of a city; it had none of the old curiosity-shop appearance about it, such •as prints with wonderfully gay colors and immense straggling patterns on one shelf; crockeryware on another; antediluvian hats and ready-made clothing on a third; rat-traps, fiddles, drums for boys; and sugar-plums for crying babies, on a fourth; with all sorts of cooking and farming implements in corners; and a stone jar of snuff standing on the counter, by the side of a little dusty show-case filled with all sorts of nick-nacks — everything under the sun, and nothing new. Nothing of the kind, but a drygoods store fitted up with taste, and stored with articles sufficient to gratify the most ultra-aestheticism. 1856.— At the election for Corporation officers held March 3, 1856, the office of Mayor, to which S. H. Robinson had been elected, was contested by C. Campbell, his 624 History of Alameda County, California. predecessor, and that of Councilman Shattuck, by William Harwood, but, on exami- nation of the merits of the case, the original candidates were, March loth, declare duly elected. Of the other matters of interest occurring in this year, we have already spoken in connection with other subjects of special moment. ' The march of improve- ment, as regards the city, made rapid strides, and all was quiet with its citizens. 1857. — On June 24, 1857, Dr. de Tavel offered to the Council ten acres for a cemetery, situated at the "back of Mr. Fountain's" on the Peralta Road, while another offer, of block number two hundred, of the same nature, was made by W. H. Bovee; and on July ist the cemetery ordinance was passed, accepting the first of these offers. Subsequently the property passed into the hands of Isaac H. Brayton and Edward Tompkins, the latter of whom, under date June 23, 1863, petitioned the City Council to the effect that the time had arrived when interments should no longer be permitted within the city limits; they therefore requested that the cemetery should be closed, and the owners thereof released from all obligations to keep the same open as a public burial-ground. The matter was referred to a Committee, who, June 27th, reported that since the passing of the ordinance the place had been used as originally intended, and as no other place within or adjoining the city had been dedicated as a burial-ground, and unless provision in some other locality for that purpose were made, great inconvenience would result to the citizens; they therefore recommended that the contracting parties be not released from their obligation to keep the cemetery o^en to the public until another suitable locality should be appropriated to that purpose within a reasonable distance from town. This cemetery was situated on Webster Street, whence nearly all the bodies have been removed. A considerable portion of the property is now in the possession of Peter Thomson, a member of the. City Council. The present beautiful Mountain View Cemetery, a history of which will be found elsewhere, was selected and purchased in the latter part of the year 1 863 ; it consists of some two hundred acres and comprises a vale among the foot-hills. It is situated about a mile and a half east of Oakland, while the following named gentlemen consti- tuted the first Board of Directors: Hiram Tubbs, Dr. Samuel Merritt, J. A. Emery, Rev. ' I. H. Brayton, William Faulkner, S. E. Alden, Rev. T. S. Wells, G. E. Grant, J. E. Whitcher, Major R. W. Kirkham, W. H. Bovee, Henry Robinson. The first mention we have of railroads is in 1857. On the isth July of that year was adopted, entitled, "An Ordinance granting to Joseph Black, John Caper- ton, and their associates the privilege of constructing a railroad from a point beginning at high-water mark of the San Antonio Creek at the point of the intersection of Seventh Street therewith at the east; then north sixty-four and a half degrees west along the end of Seventh Street the distance of seven thousand two hundred feet to a stake directly in front of the center of J. D. Brower's house; thence north seventy- seven and a half degrees west, six thousand two hundred and forty feet to the easterly end of Bay Street was adopted, with certain slight emendations, which privileres were accepted by Messrs. Black and Caperton on August 7th. Of this franchise and of the subject of railroads generally, Mayor Williams, in his message to the Council of Se tember lo, 1857, says: "The ordinance granting to Messrs. Black and Caperton aifd Oakland Township — City of Oakland. 625 their associates, certain railroad privileges through the city from Gibbon's Point to the site of a contemplated new bridge on Seventh Street was a source of greater solicitude than any, or indeed all, the other ordinances of the past six months. I am in the abstract opposed to monopolies, but when a great and incalculably important benefit to our entire city is proposed to be accomplished by associated enterprise and wealth to which individual means are entirely inadequate, all experience in government has demonstrated the wisdom and policy of granting to chartered companies a temporary monopoly to secure for the public the accomplishment of an otherwise impracticable benefit. What though the grantors do make large profit by the operation, so long-'as the whole piublic is largely benefited, their business promoted, their property enhanced in value, their profits increased, population multiplied, and every facility for public and individual prosperity surely promoted and encouraged, I consider the project emi- nently deserving of the public approbation. It is not to be expected of individuals to peril their pecuniary means in a great enterprise which is to shed its blessings like the dews of heaven upon all alike, without some prospect of an adequate return. Nor do the public desire it. Only convince them that the project is for the general good, and it meets at once with the public approbation. And the public approbation of any project is all that is needed to insure its triumphant and complete success. The char- acter and standing of the applicants for that charter, and their associates, and their peculiar situation as resident citizens among us, afford, in my estimation, a sufficient guarantee of the bona fides of the project, and their present prosecution of the objects of the grant afford full proof, if any were wanting, of their intention to complete this project and their well-founded confidence in its ultimate and successful accomplish- ment. " For years had our poor, hide-bound city been groaning under the nightmare of the most bold and unmasked imposition embargoed at both ends by odious and monstrous monopolies, illegal, oppressive, and iniquitous; her circumference manacled by unfounded claims, concocted by fraud and consummated by swindling, and her interior foully dis- emboweled by ruthless harpies preying on her vitals. It seems as if it would puzzle human ingenuity, or even fiendish malevolence, to contrive a system, like the virus of the tarantula, more iniquitously calculated to poison the life-springs of our prosperity, to reduce the value of our city property, prostrate credit, debar intercourse with our neighbors, divert business, choke up every avenue to progress, strangle every effort to prosper, ruin the industrious citizen and desolate our beautiful city, the fairest and brightest gem in California's diadem, than to shut off at one end of the city business intercourse with the traveling public and the whole surrounding country by the exaction of illegal tolls,* and on the other, under an unfounded and false pretense of an exclusive ferry monopoly, where there can be no ferry monopoly, bar a healthful intercommunication with San Francisco by exorbitant charges for transportation and* the collection of illegal' wharfage in direct violation and open defiance of a city ordi- nance; wrongs and outrages hitherto submitted to by a most patient public and long- suffering community. "The remedy which it is our duty to see applied is plain, feasible, and easy; it is on the one hand to cause all persons exacting or collecting illegal tolls for crossing * The Twelfth-street Bridge, then in the hands of H. W. Carpentier. 626 History of Alameda County, California. the bridge to be prosecuted and punished and, by legal proceedings, cause the toll- gate which is an obstruction upon a public highway, to be removed as a nuisance, and on the other, to prosecute all persons, whether principals or agents, who exact, collect or receive, or cause to be collected illegal rates of wharfage, as is daily done in direct and palpable violation of a city ordinance, and encourage a healthful competition in steam conveyance between this city and San Francisco. * * * The establishment of a free bridge, a railroad and steam competition would soon roll back the black cloud that has so long hung like a pestilence over us and pour a flood of life-giving business through every vein and artery of our beautiful but prostrate city." On May 20, 1861, there passed the Legislature "An Act granting to certain Per- sons the right to Construct and Maintain a Railroad through certain Streets in the City of Oakland." The description of the line being from a point at or near the westerly end of the bridge leading from the city of Oakland to the town of Clinton to a point on the bay of San Francisco, where the Alameda County shore approaches nearest to Yerba Buena Island, or at such a point as a railroad may be built from to said island, under, and by virtue of, an Act entitled, " An Act granting to certain persons the right to establish and run a ferry between the Island of Yerba Buena and the City of San Francisco, and to construct a railroad from said island to the Alameda County shore, the right to so construct, maintain, and operate being granted to Rodmond Gibbons, William Hillegass, R. E. Cole, Samuel Wood, Joseph Black, and George Goss, their associates, successors or assigns, for a period of fifty years. Thus was the present local lirie started. On November 20, 1861, the. following ordinance was passed : — The Council of the City of Oakland do Ordain as Follows: — Section One. — The right of way along Seventh Street from its easterly limits, to or near its junction with Market Street; and from thence in a straight line to the western boundary of the city, which line is represented on a map filed with the Clerk of the Council, and marked "San Francisco and Oakland Railroad Company, Exhibit B, " is hereby granted and released to the San Francisco and Oakland Railroad Company, for the pur- pose of laying a single or double railroad track, and the necessary side-tracks, along said street and line, and running cars and carrying passengers and freight thereon; said main track or tracks shall not be laid nearer than fifteen feet to the line of the sidewalk, on either side, and shall be made to conform to the grade of the street, and to present a level surface with the street at each street-crossing. Section Two. — The said company shall have the privilege of erecting upon Seventh Street, at or near its intersection with Broadway, a platform or depot foi the shelter of passengers and baggage, according to the dimensions and on a location, designated upon a map, filed with the Clerk of the Council and marked "San Francisco and Oakland Railroad Company, Exhibit A." Section Three. — For and in consideration of promoting the construction of said railroad, and the advan- tages accruing to the city of Oakland therefrom, and in consideration of one dollar, and upon the condition that the said San Francisco and Oakland Railroad Company shall, within three years from this date, complete said road and bridge upon the line designated on the aforesaid map, marked Exhibit B., the use of that portion of the over- flowed land situated at the western terminus of said projected road, and bounded by the mainland on the east, and on the north and south by two parallel lines, each two hundred and fifty feet distant from the center line of 'said bridge, and extending from the mainland to the western limits of the city, is hereby granted and released to said company for the term of fifty years, and for such further time as the corporate franchise of said company shall be extended, and the Mayor of the city is hereby authorized to make, execute, and deliver to said company a conveyance, on the conditions aforesaid, of the same: provided, that if at any future time the city of Oakland shall lay out and establish a public street within the limits of said tract, and parallel with and adjoining said bridge, or crossing the said road at any point not occupied by the buildings of said company, said company shall claim no damages therefor. Passed November 14, 1 86 1. [Signed] E. Gibbons, President of Council. Approved November zo, 1861. [Signed] J. P. M. Davis, Mayor of the city of Oakland. Oakland Township — City of Oakland. 627 And Whereas, In pursuance of the aforesaid ordinance, the Mayor of the said city of Oakland did, on the twenty-fifth day of November, A. D. 1861, execute a deed, which said deed is in the words and figures following, to wit: Whereas, On the 14th day of November, A. D. 1861, the City Council of the city of Oakland passed an ordinance entitled "An Ordinance concerning the San Francisco and Oakland Railroad," which was afterwards duly approved by the Mayor of said city on the 20th day of November, A. D. 1861, which said ordinance is in the words and figures following, to wit: "An Ordinance concerning the San Francisco and Oakland Railroad," which is quoted above, and therefore need not be reproduced ; so we go on with the deed. , And Whereas, By the said ordinance the Mayor of the said city is authorized to make, execute, and deliver to said Railroad Company a conveyance of the tract of land mentioned in said ordinance, on the conditions therein set forth. Now, therefore, by virtue of the authority vested in me by said ordinance, for and in behalf of said city of Oakland, in consideration of promoting the construction of said railroad, and the advantages to accrue to said city of Oakland therefrom, and in the further consideration of one dollar, and upon the conditions that said Rail- road Company shall within three years from this date complete said railroad and bridge, upon the line designated upon a certain map, copies of which are on file in the archives of said city, and in the office of the County Recorder of Alameda County, marked San Francisco and Oakland Railroad Company, Exhibit B, I, J. P. M. Davis, the Mayor of said city, do grant and release to the said San Francisco and Oakland Railroad Company the use o all that portion of the overflowed land situated at the western terminus of said projected road, and bounded by the mainland on the east, and on the north and south by two parallel lines each two hundred ajid fifty feet distant from the center line of said bridge, and extending from the mainland to the western limits of said city, as will more par- ticularly appear by reference to said map marked B, as aforesaid. To have and to hold the above described premises unto the said San Francisco and Oakland Railroad Com- pany, for the use of said railroad for the term of fifty years from the date hereof, and for such further time as the corporate franchise of said company shall be extended. Together with all and singular, the tenements, heredita- ments, and appurtenances thereunto belonging, or in any way appertaining. But if at any time the city of Oakland shall lay out and establish a public street within the limits of said tract and parallel to and adjoining said bridge, or crossing said road at any point not occupied by the building of said company, said company claim no damage therefor. In witness whereof I have hereunto set my hand and caused the corporate seal of said city to be affixed, this 25th day of November, A. D. 1861. [Signed] J. P. M. Davis, [Seal.] Mayor of the city of Oakland. Seal of the City of Oakland. Be it therefore enacted that the said ordinance and deed executed in pursuance thereof, above named and recited, be and the same are hereby ratified and confirmed,' and declared legal and valid according to the terms and conditions therein named, and that the said deed shall be prima facie evidence in all Courts of law, of the right of possession in and to the land therein described. We have elsewhere shown that the construction of this road received, both here and in Sacramento, strong opposition at the hands of the so-called owners of the water front, on the strength that a concession of the right of way would be the estab- lishment of a monopoly; but the Council thought differently, and in meeting assem- bled resolved that such a road was of vital importance to the interests of the commu- nity, and was calculated to destroy rather than foster a monopoly. Meanwhile the building of the road, with its wharf, went on apace, and on September 2, 1863, the first train of cars passed over the line, the track being completed from the end of the wharf to Broadway. After that date the cars made regular trips, in connection with the Contra Costa ferry-boat. It is also a matter worthy of record that the first engine and first three cars used on the line were all built at Oakland Point by a Mr. Young, while the second engine run was manufactured in Schenectady, New York. The honor of driving the first engine along the route belongs to James Bachelder. 628 History of Alameda County, California. In the meantime the San Francisco and Alameda Railroad was being pushed vigorously forward, and its junction with the Oakland line was seriously contemplated, a scheme which was perfected on all the lines falling into the hands of the Central Pacific Railroad Company. Then came the difficulty in regard to the granting of a site for a wharf at the foot of Franklin Street, already treated on in the portion of this chapter delegated to a consideration of the water-front question, and which it will be unnecessary for us to dwell upon here. On April i, 1865, the "local line" was extended to Larue's wharf, at San Antonio (Brooklyn), beyond which it did not extend until purchased by the Central Pacific, while, on March 25th, a fire broke out in the railroad station and destroyed property to the amount of seventy-five thousand dollars. Early in the month of August, of this year ("1865), the report became current that the California Steam Navigation Company — then the great monopoly of the State — had purchased the Oakland Ferry and Railroad, but the rumor was set at rest by the assumption of its management by A. A. Cohen, the Superintendent and chief stockholder in the Alameda line, a move that was at the time considered as inimical to the future prosperity of Oakland. Among the many railroad enterprises afloat at this time was one for the con- struction of a road from Oakland to Goat Island, the proposed line of which was filed in the ofifice of the County Recorder, on January 22, 1866, certified by Charles Main, President; Peregrine Fitzhugh, Secretary; and L. H. Short, Engineer. The distance over which it was proposed to construct the road was, in a direct line from the outer end of the San Francisco and Oakland Railroad Company's wharf to the island, nearly two miles, and the greatest depth of water to be passed over, about sixty feet, and by it would railroad communication be brought to within one and five-eighths miles of San Francisco. All efforts, however, to place Goat Island in the possession of a railroad corrtpany have been defeated by Congress, the' island being the property of the United States. On August 24, 1867, the Council granted permission to the San Francisco and Oakland Railroad Company to erect a station at the Point. In 1863, the Western Pacific Railroad Company was formed, its route being from Sacramento via Stockton and Livermore to Oakland, while in the same year was launched the gigantic Central Pacific Railroad Company. In 1867 it became rumored that the last-named corporation had acquired by purchase the franchises granted to the first named, a report which subsequently proved well founded ; but we must not anticipate. On August 24, 1868, an ordinance granting to the Western Pacific the right of way through certain streets in the city of Oakland, was passed ; and on Sep- tember 25, 1869, Leland Stanford, President of that company, petitioned the City Council to the effect that it would be more convenient for the Company, and beneficial to the public interests if the Council would amend the ordinance granting the right of way through Fifth Street, so that the same should read Third and West Third Streets; therefore, section one of the ordinance entitled "An Ordinance granting to the Western Pacific Railroad Company the Right of Way and certain Privileges in the City of Oakland," approved August, 24, 1868, was amended in accordance with the desire therein set, forth. On October 4th, the Mayor returned the ordinance granting Oakland Township — City of Oakland. 629 the privilege, with his reasons therefor, and on the question, " Shall the ordinance stand notwithstanding the veto of the Mayor?" being put to the Council, it was lost, there being no votes in favor of its passage, and five against it. On October 28, 1869, it was announced that the Western Pacific and San Francisco Bay Railroad Compa- nies had amalgamated and consolidated into a new company, with Leiand Stanford, C. P. Huntington, Mark Hopkins, Charles Crocker, E. B. Crocker, E. H. Miller, Jr., and A. P. Stanford as Directors, the capital being ten millions of dollars. Subsequently the Western Pacific Railroad Company took formal possession of the "local line" and ferry; by these movements it is show^ how the Central Pacific Rail- road first reached the bay of San Francisco, and the consolidation with the San Fran- francisco and Oakland and 'San Francisco and Alameda Railroads effected. The wharves in use by those roads had been built with a view to the accommo- dation of the Oakland and Alameda ferry business, and were extended only to a depth of water sufficient to meet the requirements of the boats used upon those lines. Extensive additions were at once made to the Alameda Wharf for the temporary accommodation of the overland and interior freight, which was discharged there upon lighters, towed across the bay, and delivered to consignees at the Second and King- street Wharf, at which point freight for shipment on the road was also received, thus making San Francisco, practically, the terminus of the overland road as soon as the rails were laid to the eastern shore of the bay. With the constantly increasing overland, as well as local freight, the necessity for some more expeditious method of handling it soon became apparent, and the steamer Oakland was accordingly fitted up as the first car ferry-boat, carrying five loaded cars; and suitable slips being provided at Alameda and Second-street Wharves, freight was thus landed in San Francisco with but little delay and without breaking bulk. Meantime, work had been commenced at Oakland Wharf with the view of extending it to ships' channel, and providing suitable slips for the reception of the largest sea-going vessels, as well as for the boats in the regular passenger and freight ferry services. The length of this wharf when it came into the possession of the Central Pacific Railroad Company was about six thousand nine hundred feet, with a width sufficient for a railroad track and a roadway for teams, having at the terminus a single slip for the ferry-boat El Capitan. The plan adopted for its extension consisted of a new track for the main over- land line, connecting with the old wharf about four thousand feet from the Oakland shore and running parallel with the same to its terminus; and thence the extension of the wharf for a distance of about four thousand two hundred feet, with a width suffi- cient for three parallel tracks and a roadway for teams; the construction of three slips, one for the passenger-boat El Capiian, one for a new car ferry-boat (the Thoroughfare), and one of sufficient capacity to hold four large ships, with warehouses alongside for the temporary storage of grain when vessels were not at hand to receive it. Outside of these slips there was left an available frontage on either side of more than four thou- sand feet, where vessels lie with convenience and safety. Extensive passenger-depots were also provided for, and every arrangement made for the rapid transhipment of passengers and freight. 630 History of Alameda County, California. A new freight ferry-boat, with a capacity for eighteen loaded cars, and additional room for sixteen car-loads of loose stock, was built and ready for use as soon as the new wharf was completed, in January, 1871, when the freight and passenger business of the company's roads was concentrated at that point. It is curious to observe the amount and nature of the material used in the construction of the wharf. Of timber and plank there were, seven mfUions and six thousand eight hundred and seventy-five feet, broad measure; eight hundred and forty-eight thousand six hundred and fifty- eight lineal feet of round piles; and two hundred and fifteen tons of iron. On March 24, 1870, an ordinance to authorize the San Francisco and Oakland Railroad and the Western Pacific Railroad Companies to erect and maintain bridges across the estuary between the city of Oakland and Brooklyn was passed. In 1873 an addition of three and seventy-nine hundredths miles to the Oakland and Alameda branch, consisting of a second tract through Railroad Avenue and Seventh Street, Oakland, from Bay Street to Harrison Street, and a branch thence to Mastick Station, Alameda, was built. This branch crossed the main line at the intersection of First and Alice Streets, and crosses San Antonio Creek on a bridge consisting of twelve spans of sixty feet each, and a swing-bridge with two clear openings of eighty feet each. The construction of this new line was necessary to enable the local trains and ferry to make half-hourly trips, which the rapidly increasing travel seemed to require, while, in consummating this arrangement, the Alameda ferry was abandoned, and the steamer Alameda, formerly run on that route, placed on the Oakland line, and making alternate trips with the El Capitan. The new track was completed and boats and trains commenced making half-hourly trips on September 29, 1873, an arrange- ment which proved eminently satisfactory to the patrons of the line. During the year 1874, sliding ways were constructed at Oakland Point and the work of con.struction and repairs of steamers, etc., transferred to that place. Two new steamers designed for the ferry line — one for passenger and one for freight service — were built in this year, the Oakland h&mg launched in 1874, and the Transit in July, 1875. These are the largest boats placed on the line, the latter being able to accommodate twenty loaded cars, or four more than the Thoroughfare. In this year, too, the construction of new ferry-slips was undertaken by the Harbor Commissioners of San Francisco, on East Street, between Market and Clay Streets. In 1875, a new wharf and slip for the ferry-boat running between San Francisco and Oakland via San Antonio Creek (the Creek Route) was commenced, and completed in July of the following year, the steamer Capital being entirely refitted for service on the line. In 1878 a new wharf and slip for the car ferry-steamers, were constructed near the mouth of the estuary of San Antonio, a work which rendered necessary the removal and rebuilding of one thousand feet in length of the north training-wall constructed by the United States Government for the improvement of Oakland Harbor, which was done with the concurrence of Col. George H. Mendell, United States Engineer in charge, and without detriment to his proposed plan of the harbor. In June, 1879, was commenced, and in 1881 was completed the Oakland Pier, or Mole. It is one and twenty-sixth hundredths miles in length, and two hundred and eighty-feet in width at the western end. It is largely constructed of rock brought from Alameda Canon, a distance of twenty-six and one-half miles, and the earth used for fill- Oakland Township — City of Oakland. 631 ing the interior portion was also transported by trains a distance of six and three-fourths miles. Four parallel tracks extend from the Oakland shore, a distance of four thou- sand eight hundred feet, and thence to the terminus, additional tracks (twelve in all) are laid, ten of which pass through the depot building. From the western end of the rock-pier extends the pile-work forming the ferry-slip, and foundation for a por- tion of the main wings of the depot building. This slip is six hundred feet in length by one hundred and seventy-seven feet in width at its entrance, and has a sufficient depth of water for the largest ferry-steamers at the lowest tides. The depot building, which was also completed in 1881, was designed by Arthur Brown, Superintendent of Bridges and Buildings, and with the wharf and slip was erected under his supervision. It is constructed in three main divisions longitudinally. The main or central part is one hundred and twenty feet wide and sixty feet high, and is used mainly for overland and interior local trains. The side divisions, which are used by the Oakland, Alameda, and Berkeley local trains — connecting half-hourly with the ferry-steamers — are each sixty feet wide and forty feet high, and extend as wings on either side of the ferry-slips. There are two commodious waiting-rooms for passengers. The upper one is one hundred and twenty by one hundred and twenty feet, and connects by side aprons with the saloon-deck, while the lower waiting-room connects with the main deck of the steamers. Spacious offices for the Divison Super- intendent and his assistants, as well as various apartments for the use of employes and the general accommodation of business are conveniently arranged. The structure has a total length of one thousand and fifty feet, and covers an area of more than four acres. The roof is Covered with corrugated iron and glass, and iron is largely used in the roof trusses and throughout the whole building. Water-tanks are placed in the towers on either side of the slip at a height sufficient to throw water to any part of the building in case of fire. Ample provision has been made for all the requirements of the business that could be foreseen, and the facility with which the large passenger movement is effected fully attests the efficiency and convenience of the general plan. The building is amply lighted, glass being largely used in the sides as well as in the roof It is lighted at night by electricity; and electric lights are also placed at con- venient intervals through the yard, so that trains may be moved with as much safety by night as by day. This noble depot, the terminal point of a noble enterprise, was opened with a grand ball in February, 1881, and is a "red-letter day" in the annals of Oakland. We will now draw the reader's attention to the following facts and figures, as exemplifying the increase in the operations of the Central Pacific Railroad in its especial alliance appertaining to the city of Oakland: Length of Oakland and Alameda Branches, Central Pacific Railroad. 1872. 1881. Oakland Wharf to East Oakland 6 miles. 5 .67 miles. Oakland Point to Mastick ' — 3.82 " Alameda Wharf to Melrose (Hay wards) 17 " 5.19 " Fruit Vale Connection — 2.01 " The second table to which we would refer is the list of Ferry Steamers belong- ing to the Central Pacific Railway: 632 History of Alameda County, California. 1872. Tons. El Capitan 982 Alameda 813 Oakland 285 Washoe 580 Thoroughfare 1,012 Louise 386 Flora Temple 334 1 88 1. Tons. Alameda 813 Amador 896 Amelia 3^6 Capital 1,989 EI Capitan 982 Oakland 1,672 Transit ',5^6 Thoroughfare 1,012 Solano (at Carquinez Straits) 3, 549 The last table is a general statement of the number of passengers passing the Central Pacific Railroad and Leased Lines, and necessarily through the city of Oak- land, during the year ending December 31, 1881, and for comparison the years from 1872 to 1880 are also shown: — Number of Passengers Passed over Central I'acific Railroad Lines, 1872 to 1881. ( Eastward 1872 Westward I, Eastward and Westward . 1873- 1874- 1875- 1876 1877 f Eastward --! Westward I Eastward and Westward. Eastward Westward Eastward and Westward. Eastward Westward Eastward and Westward J Eastward W'estward Eastward and Westward. Eastward Westward Eastward and Westward. Eastward Westward Eastward and Westward. 1879- ■ Eastward Westward Eastward and Westward. Eastward Westward Eastward and Westward. I' Eastward { Westward j Eastward and Westward. THROUGH. 21,64s 34,040 55.685 23,486 44,370 67,856 24,782 55,509 80,291 30,422 74,919 105,341 37,855 60,565 98,420 31,247 47,435 78,682 25,938 37,556 63,494 25,268 36,788 62,056 30,367 34,280 64,647 30,891 47, 107 77,998 265,247 267,901 533, 148 296,988 293,351 590,339 269,733 274,425 544,158 '288, 149 285,413 573,562 352,753 338,529 691,282 537,350 542,903 1,080,253 572,106 588,986 1,161,092 595,903 621,459 1,217,362 674,024 698,756 1,372,780 748,440 758,878 1,507,318 1,203,628 1,211,513 2,415,141 1,310,327 1,311,649 2,621,976 1,^73,989 1,664,291 3,238,280 1,935,661 2,147,750 4,083,411 2,379,566 2,603,391 4,982,957 2,690,527 2,971,094 5,661,621 2,768,053 2,986,549 5,754,602 2,697,090 2,865,799 5,562,889 2,546,192 2.723,726 5,269,918 2,631,627 2,815,423 5,447,050 1,490,520 1,513,454 3,003,947 1,630,801 1,649,370 3,280,171 1,868,504 1,994,225 3,862,729 2,254,232 2,508,082 4,762,314 2,770,174 3,002,485 5,772,659 3,259,124 3,561,432 6,820,556 3,366,097 3,613,091 6,979,188 3,318,261 3,524,046 6,842,307 3,250,583 3,456,762 6,707,345 3,410,958 3,621,408 7,032,366 It will be unnecessary for us to dwell here upon the South Pacific Coast Rail- road. We have put before the reader, in the history of Alameda Township, the offi- cial action taken whereby it obtained a footing on the south side of the San Antonio #5^^?^^ cz/^ey/ ^.€yt^€^ Oakland Township — City of Oakland. 633 Creek, afterwards crossing it by Webster-street Bridge and locating its terminus at the corner of Twelfth and Webster Streets, in the city of Oakland. It is believed that it is contemplated to extend the road into East Oakland and its environs, while it is possible that eventually it will connect with a direct line from Stockton, coming into the valley at Haywards. It is also thought that this road will ere long be extended to meet an eastern line at the Colorado River. The company is now building a depot extending into the bay as far as that of the Central Pacific Railroad Company's terminus, which, with the fast steamers, Bay City, Newark, and Garden City now on the route, and others, the building of which will soon be commenced, will bring passengers to Oakland in half an hour, while should the time of starting be changed to every quarter of an hour, as is believed will be the case, Oakland will have communication with San Francisco every fifteen minutes — but all this is in the womb of futurity. On March 25, 1881, a line was organized by the California and Nevada Rail- road Company to operate a narrow-guage line from Oakland, and, passing through Alameda, San Joaquin, Stanislaus, and Tuolumne Counties, scaling the Sierra Nevada, reaching the State line near the flourishing mining-camp of Bodie, Mono County. After grading a considerable portion of the line in Alameda and Contra Costa Counties work was suddenly brought to a stop, and has not since been proceeded with. 1858. — In our chapter on the legislative history of Alameda County we have fully related the adventures of the county's capital; let us now touch upon Oak- land as bidding for that of the State. As early as April 29, 1854, we hear of it. In his message of that date Mayor Carpentier says: "Frequent reference has been made of late by State officers and Members of the Legislature to the subject of locating the capital of the State at Oakland; and all who are acquainted with the geography and natural advantages of the place must agree that such a location would be a ju^li- cious one, alike calculated to facilitate the labors of legislation and of the public services, and to promote the convenience of citizens who may be led, either from motives of business or pastime, to visit the capital. If you should be of opinion that such a result is likely, and that it would conduce to the permanent welfare of the city, I recommend that such steps be taken as will prove your friendhness to the proposition." We have already shown how the State capital was located at Sacra- mento, but even then there was no despair in Oakland. On March 15, 1858, we find the Hon. J. A. Hobart writing to the then Mayor that he had that day given notice in the Legislature that he would introduce a bill with concurrent resolutions to remove the seat of government to Oakland, and wishing to ascertain from the City Council what inducements he could offer from Oakland and San Francisco so that they could gain favorable consideration. Mr. Hobart also stated that if there were suitable accommodations already prepared, or a sure guarantee that they would be ready by New Year, 1859, he could gain a majority for the removal. On receipt of a com- munication from the Mayor informing them of the purport of Mr. Hobart's letter, the Council resolved that that official be requested to call a meeting of the citizens to take into consideration the subject of memorializing the Legislature to locate the capitol of the State at Oakland. The next we learn of this matter is that a meet- 41 634 History of Alameda County, California. ing of the City Council was had, February 20, i860, having for its object the adop- tion of measures appropriate for the reception and entertainment of a Legislative Committee expected to visit Oakland for the purpose of reporting upon a suitable location for the State capital. It was therefore resolved that a committee of three members of the Council be appointed for the purpose of making all necessary arrange- ments for the reception and entertainment of the visitors. The Chair then appointed Aldermen Rogers, Warner, and McDevitt such committee. But nothing came of the visit; fifty-three dollars and fifty cents was paid out of the public funds for refresh- ments, and Oakland remains without the prize! Consequent upon the absence of Alderman McCann, a new election was called •for September 4, 1858, for a Councilman in his place. F. Warner received the highest number of votes. This election was contested by R. Lockwood on behalf of J. Dieves, and it was resolved by the Council to call a new election, as there was a dis- crepancy of one vote existing between the poll-list and the tally-list, while it appeared that a difference of but one vote existed between the two highest candidates voted for, therefore a special committee was ordered by ordinance, when Mr. Dieves was elected by a majority of eighteen. 1859. — Upon the election of the new corporation officers on March 7, 1859, it was resolved by the outgoing Council "That the thanks of this Body be extended to F. K. Shattuck, for the able and impartial manner in which he has discharged his duties, and that our congratulations be proffered him upon his unsought elevation to the Mayoralty of this city." It may be remembered that Mr. Shattuck was the first Town Clerk of Oakland, and had, step by step, risen to the highest civic honor in the gift of the citizens. On the 6th April, of this year, J. E. Whitcher was authorized to make a map of the city, which, September 3d, was completed and accepted by the Council. On the 14th November, upon the resignation of Alderman Marier, the fol- lowing resolution was adopted : — • Whereas, A. Marier, late a member of this Board, being about to take his departure from the State, therefore Resolved, That the thanks of the Council are hereby tendered him for the faithful manner in which he has discharged his duties as a public officer, and that our best wishes for his welfare and success attend him in his new and distant home. It is said that this gentleman did not return to France, but died in the southern part of California some years after. i860. — In his message of March 28, i860. Mayor Davis states: The city is slowly but surely advancing in prosperity. The unsettled condition of title to real estate within her limits, and the delay of dredging the sand-bar at the mouth of San Antonio Creek, which, if completed, might facilitate and render certain commu- nication between here and San Francisco, still operate as drawbacks upon our prog- ress. But notwithstanding these drawbacks, improvements of a permanent nature, although of a limited extent, are continually going on; society is steadily increasing in numbers and intelligence; her churches are well attended every Sabbath, with attentive and respectful congregations; her common school is crowded with children who are receiving the rudiments of a public education; her seminaries of learning are well patronized; these, together with other contemplated institutions of a kindred Oakland Township — City of Oakland. 635 character whose foundations are about to be laid, are her surest guarantees of pros- perity in the future. They, with the influences of her position, her climate, and her scenery, will in due time attract the attention of the State and draw to her innumer- able families to realize their benefits and make her what nature has intended her to be, one of the largest and most beautiful cities of the State." The Mayor, however, still finds some things extant that might be bettered. He suggests that " Some meas- ures of a stringent nature ought to be adopted for the suppression and prohibiting, within the city limits, fandango and dance houses." Says he, " These are generally kept in our most public streets by the lowest classes of our Mexican and Chilenean population. They are the resort of the idle, the polluted, and the vagabond of both 'sexes, who, when any of their numbers are arrested for disturbing the peace or other- wise violating the law, stand by and protect each other, even to the extent of perjury, so that Courts of justice are generally unable to convict. They are of no ppssible benefit to a community, but are a positive injury from their baneful influences upon the morals and good order of the city. Their presence prevents respectable families from occupying houses in their neighborhood. I therefore recommend you to pass such ordinances as may be most effectual to enable the city to rid herself of these altogether." On March 28th F. F. Fargo, proprietor of the Alameda County Herald, states his willingness to publish the back ordinances enacted by the Council free of cost to the city, he deeming them of sufficient importance to his Oakland readers as to insure an increased interest in his paper, a proposition that was accepted by the Council with thanks. On May 30th the office of City Attorney was created; while, on November 28th, the Ordinance Committee was instructed to report an amendment restricting the fire limits to the lots on Broadway, seventy-five feet deep, and prohib- iting the erection of frame buildings on the remainder over fifteen feet in height. 1861. — On February 13, 1861, a bill amendatory of the city charter was approved by the City Council, and, together with that to provide for the collection of delinquent taxes, were ordered to be forwarded to the Representatives from Alameda County by the City Attorney. The year 1861 is perhaps the most important in the annals of the country, for it saw the commencement of the great rebellion. Military enthusiasm was the order of the day, and Oakland was not behind in the arming and equipment of companies for military service if need be. On August 31, 1861, the "Home Guard" was organized with the following officers: James Brown, Captain; John Potter, First Lieutenant; W. H. Puffer, Second Lieutenant; J. H. Hobert, Brevet Lieutenant; H. H. Crocker, Orderly Sergeant; T. W. Newcomb, Second Sergeant; W. Woolsey, Third Sergeant; Charles McKay, Fourth Sergeant; H. A. Morse, First Corporal; Henry Sommers, Second Corporal; C. Stewart, Third Corporal; James Travis, Fourth Corporal. 1862. — February 5, 1862, there was passed by the Council an ordinance granting the right to erect gas-works in the city of Oakland. A duel was fought on the i st June of this year, between Frank Turk and O. C. Hall of San Francisco, but no blood was spilled. On October 7, 1862, the Bay District Fair was commenced in Oakland, and was well attended, the exhibit of animals of all kinds, as well as of produce, being 636 History of Alamkda County, California. highly creditable. Among the articles on exhibition were a .squash weighing ninety pounds; a cabbage, fifty-one pounds; and a sweet-potato, nine pounds. The celebrated horses " Comet," " Hunter," " Kentuck," and " Owen Dale" were shown at the stock parade in the evening, as were also certain Clydesdale horses recently imported by J. W. Dougherty and Mr. Martin, of the Amador Valley. J. D. Patterson also pro- duced five specimens of celebrated Alderney cows. At the election of officers the following gentlemen were chosen to serve for the ensuing year: J. J. McEwen, Presi- dent; S. J Tennent, J. Bowles, Vice-Presidents; William Reynolds, Santa Clara; S. W. Johnson, Contra Costa; R. Blacow, Alameda; D. S. Cook, San Mateo; J. A. McClelland, San Francisco, Vice-Presidents for counties at large; G. P. Loucks, Piatt Gregory, R. G. Davis, Directors; K. W. Taylor, Treasurer; O. Falley, Secretary. The annual address was delivered by Rev. Starr King, to a large audience; indeed, there was nothing to mar the entire programme but the presence of all manner of gam- bling, then but too common at such meetings. On the night of November ii, 1862, Becht's Brewery, situated at the corner of Broadway and Ninth Streets was consumed by fire, the loss amounting to six thousand dollars and two thousand gallons of beer. During this year an act entitled " An Act to Incorporate the City of Oakland, passed March 25, 1854, and repealing certain other Acts in relation to said City" was approved, its provisions restating the boundaries of the city, regulating officers, defin- ing the duties of the City Council, and fixing the time and method of levying taxes 1863. — Mayor Bovee, in his message of March 12, 1863, remarks, in reference to the city of Oakland: "The Funded Debt of the city now amounts to the sum of thirty-nine thousand one hundred dollars, bearing an interest of seven per cent, which is classified as follows: — Balance of outstanding debt funded under the Act of 1855, and payable in 1865 $20,700 00 Amount funded under Act of 1858 1 1,200 00 Amount under Amendatory Act of 1861 7,200 00 Making the total of $39, 100 00 The last two named amounts being payable in 1878. • "The city is therefore required to pay in 1865 the bonds issued in 1855, and by section nine of the Funding Act of 1855, it is made your duty in each of the years 1863 and 1864 to raise by tax upon the property within the city a sum equal to one- half of the amount of the debt about falling due. It appears to me that with the prospect before us of an excess in revenue beyond our current expenses, but a small tax will be necessar3^ Our bonds are now selling in the market at about sixty-five cents on the dollar, which would make the amount required for the redemption of the issue of 1855, equal to thirteen thousand four hundred and fifty-five dollars. "The assessment of 1862-63 shows the taxable property of the city to have been about six hundred thousand dollars. The indications now are the roll of 186^-64. will not be less than seven hundred thousand dollars, on which there is already levied for the present fiscal year a tax of one per cent. This will produce * Add e.stimated revenue from licenses . -P/.ooo 00 2, 000 00 Makes the gross income of the year ~Sq^ From this there will be required to pay interest on the Funded Debt . .' .' .' .' . . . . .' .' .".',' $2 800 on Estimated expenses of present year 2*000 Leaving to be applied to payment of bonds , $4.' 200 00 Oakland Township — Citv of Oakland. 637 " The prospect before us of a like, or larger, excess in the next year's receipts will probably induce you to fix the rate of tax to be levied as low as may in your judg- ment be consistent with the object to be attained. I am pleased to be enabled to inform you that the city has no obligation beyond her Funded Debt, and that there appears from the report of the Treasurer, made to our predecessors, to be in hand in the Treasury, nineteen hundred and eighty-seven dollars to the credit of the Interest Fund, and a sufficient balance in the General Fund to defray the ordinary expenses of the Government until the next taxes are payable." He further states in regard to other matters: " The mode pointed out by the charter for the collection of taxes has had the result of involving the city in some litigation as to the manner in which the assessment was made. I am informed that the collection of the last year's tax has been in two instances enjoined by the Judge of the District, and that in one of the cases where an injunction issued, suits by the city had been commenced against the plaintiff, to the number of forty-eight, to recover the taxes on a tract of unimproved property, the whole embracing less than two blocks, the costs of which suits exceed many times the amount of the tax sought to be collected, and also, as I am informed, the value of the property. I am not prepared to say that the action of our late officials in the premis'es was without authority of law. This is a question that can better be determined by the eminent legal gentlemen we have the good fortune to number in your Body, but it does appear to me that if such a mode of harassing a citizen has legal sanction, it would be no less creditable than just to seek an amend- ment removing the objection. The object of such laws should be to enforce the pay- ment of ta:xes, and whilst this may be rigidly done, without injustice,, no law of the King should receive such construction as operates to confiscate the property taxed, more particularly wher! such result is attained by the accumulation of fees of the officers charged with its collection. "As the plaintiffs in the injunction suits referred to have proposed to pay the tax due to the city, I would recommend that the same be received and that the actions commenced against them on the part of the city be discontinued. " The duty of appointing a City Attorney devolves upon you, and I would sug- gest that such appointment be made as soon as possible. The charter seems to con- template that the Mayor shall be, ex officio, City Attorney, but as this provision was made in contemplation of the fornier office being filled by a person of the degree of Attorney-at-Law, it cannot be made operative in the present case. " The city is at present involved in litigation of much moment, suits being now pending involving the right to her water front, and many others respecting streets and the collection of taxes of more or less magnitude. It appears to me there has been much delay in prosecuting the rights of the city in the suits referred to and that the Attorney to be appointed now ought to be a gentleman, not only of experience but of sufficient energy to prosecute the litigation in which the city is interested to an imme- diate conclusion. I would suggest that the officers to be appointed be instructed to report to your Body as soon as practicable, a full statement of the condition of the legal business of the city. " Another subject to which your attention is asked in connection with the services of your legal adviser is the condition of the City Ordinances. I am informed that 638 History of Alameda County, California. many of them are inefficient to obtain the objects designed by their passage, and that there are but few laws on the Ordinance Book that are not subject, more or less, to legal criticism. The present time seems to me to be peculiarly appropriate for the task, it being one requiring much judgment and experience, and should be accom- plished whilst you can obtain the benefit of the more than ordinary talent of the legal gentlemen among you. " There has been for some time past much conflict and jealousy between our city officers and the officials of the county respecting the charge and subsistence of pris- oners. It is contended on the part of the county, that, inasmuch as the city receives and appropriates to her own use all the moneys collected for licenses within her limits that she should be at the sole expense of the custody and care of her prisoners. To some extent this position is well taken. I think the city ought to bear the expense of the trial of all persons convicted by her Magistrates of such offenses as may by law be punished by Justices of the Peace, but that persons accused of crimes of a higher grade, which are triable before a Court of Record, ought to be taken care of at the expense of the county. All cities have much transient population, and a large pro- portion of offenses are committed by persons of this description, and whilst the municipal government may with propriety be asked to bear the expense of preserving the peace within its limits as to a) I minor offenses, there would be no propriety in fixing on the city the expensecf a trial for murder merely because the crime happened to be perpetrated within her boundaries. " A proper chamber for the meeting of the Council together with an office for the Mayor and a suitable place in which the records of the city may be kept are urgently needed. The damage to the city that would ensue by the loss or destruction of her files and records cannot well be estimated. I would recommend an appropriation for the purchase of a suitable iron safe in which they may be placed. The services of the gentlemen composing your Body are rendered without reward and are the more onerous from the fact that they are required at such times as to withdraw you from the comforts of your homes and firesides. Whilst I should be much averse to any extravagant expenditure for such purposes I deem it only proper that a comfortable apartment for your meetings should be provided. It is unfortunate that with the debt contracted by our predecessors they were not sufficiently provident to secure to the city a suitable building for the transaction of her business." On November 22, 1863,* Edward Hoskins offered the pavilion on Washington Square, formerly occupied by the Alameda Agricultural Society, for sale to the city at twelve hundred dollars, who, on December 22d tendered one thousand dollars for the same, subject to a good and sufficient deed being given. January i, 1863, a Democratic newspaper named The Press was started in Oak- land by S. B. English, a gentleman who had previously been associated with James F Kapp in the publication of the San Leandro Gazette. It lasted only three months the material|jbeing subsequently purchased by Mr. Gagan when he started the Oakland News, in the month of September. At this time Oakland was, and with perfect right, proud of the number and excellence of her literary institutes. Here was located the only unsectarian college in the State, or indeed on the Pacific Coast, to which were attached professors of Oakland Township — City of Oakland. 639 acknowledged ability and talent. It afforded every facility for acquiring a classical education, and erected an ornamental frame building for its purposes. The Oakland Female College was in course of construction at this time; while the College School, offering all the advantages of a first-class High School, was in full swing. Besides there was Mrs. Blake's Seminary, considered the most fashionable institution in this portion of the State, and there were the free and several private schools as well. In addition to her schools Oakland was beginning to show activity in her industries- The News of November 19, 1863, has the following: "Few of our citizens are aware of the amount of work turned out by Messrs. Barnes & Palmer at their planing-mill on the corner of Second and Washington Streets, in our city, or of the magnitude and capacity of that establishment. This firm commenced an humble business one short year ago, doing within themselves almost all of their own work, but, by their prompt- ness, energy, and strict attention to business, soon became the leading contractors in this place. Since their start they have turned out and are now turning out nearly all the moldings and scroll-work used on this side of the bay, their machinery being suitable for this work, as well as for doors, sash blinds, window and door frames, finish for buildings, and every article usually manufactured in an ordinary planing-mill. By the use of the latest and most improved machinery they are enabled to compete successfully with San Francisco firms, or, in fact, any firm in the State, so far as the cheapness and quality of their work is concerned, and we are glad to know that our citizens are becoming fully aware of this fact, as a rapid increase of business amply testifies. Pass when you will and the hum of busy industry is heard in the locality of this shop, its capacity being tested to its utmost extent from early morning until the late hours of night. Twenty-five mechanics are now regularly employed, and even this large force is being added to weekly. The heavy contracts for the various build- ings which are now in progress of construction here, have been awarded to this firm, their jsuperior facilities giving them great advantages over many other competitors. Nor is the reputation of this firm confined to Oakland; other cities are fast becoming acquainted with the merits of the Oakland Planing-Mills. Messrs. Barnes & Palmer have been lately receiving plans and specifications of public buildings and private residences from San Mateo and San Francisco, and the contractors of the latter will have to figure pretty close if they would prevent our Oakland mechanics from getting the inside track. And whatever work they agree to do will be done promptly and well, their employes being all firss-class mechanics, while their foreman, Mr. Willet, as . an outside workman, has very few equals in the State." In the month of December, 1863, Archbishop Alemany, assisted by Revs. Messrs. Harrington, Quinn, and Gabriel, performed the interesting and impressive ceremonies of consecrating the new Roman Catholic Cemetery, about four miles from Oakland. It was named St. Mary's Cemetery, and contained thirty-six acres, six of which were in the first instance inclosed. The ground was formerly known as. the Mahoney Ranch, and was purchased from Thomas Mahoney. The first person to be burled in it was a Mr. Murphy, who was interred on the afternoon of the day of con- secration. 1864, — The Street Railroad system of Oakland, which. had its birth in this year, 640 History of Alameda County, California. is very comprehensive, all of the streets of present or prospective importance bemg covered by a franchise. On June 25, 1864, E. B. Walsworth petitioned the City Coun- cil to the effect that he, with others, at great cost and expense, had erected just outsi e the northerly limits of the city, a building devoted to the purposes of learning, known as the "Pacific Female College," which at that time was somewhat inaccessible to strangers and persons residing in other parts of the State and from whom the said Institute expected to derive its chief support, while there being no regular means of communication or transportation between the ferries and railroads of the city and the college, the petitioner prayed that he should be granted the privilege of constructing and maintaining a railroad from the southerly limits of the town, running through Broadway, or some other parallel street, to the thoroughfare known as the Telegraph Road, and extending to the northerly limits of the city, and asking that he may be permitted to use either steam or horse power on it when completed. On December 27, 1854, a petition was received from Messrs. Weston, Fogg, and Goss, a committee on behalf of the Oakland Railroad Company, for permission to lay a double track on Broadway, below Fourteenth Street, and a single track from Fourteenth Street to the corporation line, with the other necessary improvements. The prayer was delegated to a committee to report, and stated that the Oakland Railroad Company is a cor- poration duly incorporated for the purpose of constructing, owning, and maintaining, a railroad from a point in Broadway, at or near the wharf in the city of Oakland, to a point in Oakland Township at or near the lands belonging to the "College of Califor- n.a," the road being located through Broadway and Telegraph Road. On February 21, 1865, the Council — Resolved, That the Oakland Railroad Company, previous to obtaining any right to lay tracks in the' city, ihould agree to the following propositions: First, that the Company shall not ask the Legislature for any exten- sion of the term of twenty-five years without previous authorization of the Council, nor the right to use steam within the city limits without such previous authorization. Second, that the company shall petition and if possi- ble obtain from the Legislature the right to collect fare within the city limits. The term of franchise was, however, changed to twenty years, on the loth of March. On March 28, 1865, a petition was received from the Contra Costa Railroad Company, to construct a line in the city of Oakland, from the water front of the said city, where the same is intersected by Broadway, and over and along said Broadway to its intersection with the roads known as "the Telegraph and San Pablo Roads or from said water front at its intersection with Washington Street, and over and along- said Washington Street to its intersection with the said San Pablo Road and thence along said road to the northerly boundary of the city. In respect to the Oakland Railroad Company, the committee to whom was referred the draft of an ordinance granting to them the right of way to lay dow track in the city of Oakland, reported, August 15, 1865, that in their opinion the Council had no authority to pass the ordinance making the grant. Tjiey furth stated: "The city is a municipal corporation existing and acting only by virtue of it organic law. It possesses no, power not expressly given \>y its charter, except " ■ dental pdwers which are necessary to the exercise of the powers expressly granted or authorized by the general laws of the State; and we have only to look first to th charter, and second to the general laws to determine the question. Oakland Township — City ok Oakland. 641 ^^ First. — An examination of the charter fails to disclose any authority given directly or indirectly to divert a public street from its ordinary use. Streets are public property, dedicated to ordinary public uses, and no power is given to the cor- poration to permit them to be used for other than ordinary purposes — much less to give one man, or set of men, any exclusive right to use the same for any purpose. The Legislature has always regarded the exercise of such a power as dangerous to the public interests, and hence no municipal charter, it is believed, in the land, delegates such power to a city government. The right to control a public easement to the extent under consideration remains with the Legislature, and it is only granted in special cases by special Acts. But it is sufficient to say that the charter of Oakland does not, in terms or by implication, authorize the grant. ^"■Second. — No general law of the State authorizes it, but, on the contrary, all the laws on the subject directly imply the reverse. "By Section twenty-one of the General Railroad Law (Acts of 1861, page 618) it is provided that a city may grant to a railroad company the use of any street which may be absolutely necessary to enable such company to reach an accessible point for a depot in such city, or to pass through the same on as direct a route as possible; but it expressly excepts street railroads from the benefits conferred by the section. Here then is something more than a denial by implication; but the section goes further and provides -that no railroad company shall use their railroad for street railroad pur- poses, or for the purpose of carrying passengers for a consideration, from one point to another in the same city. "Section fifty-eight provides that corporations may be formed under the Act, for the purpose of constructing, running, and maintaining a street railroad, being wholly within the limits of a city, etc., under a franchise granted to such corporation or its assignors, by the Legislature of the State. By this section the principle is clearly recognized that the power to grant such franchises is in the State, and what follows in the same section makes the matter still more clear, for it provides that such corpora- tions — /. e., street railroad companies — shall have all the rights, powers, and privileges conferred by the Act granting the franchise. By a fair construction of the section we conclude that the Legislature intended first, that street railroad companies should not operate except by virtue of a special Act; and second, that such companies should not have or exercise rights, powers, or privileges not conferred by such special Act. ■" But it may be answered that the Oakland Railroad Company is not a strict railroad corporation; perhaps it is not, strictly speaking, a street railroad company, yet it is such for all purposes contemplated by the restrictive clauses of the Act referred to, and would be so regarded by a court of equity. The fact that the road is intended, at some definite time, to be extended considerably beyond the northern limits of the city, does not at present make it the less a street railroad; for, were it otherwise, the express provision of the law could be evaded by continuing the track one foot or one inch beyond the northern limits of the city. But, admit that the proposed road would not be a street railroad in the sense used by the statute, and we still meet with difficulties in the sections of the Act before referred to; for there a city is only allowed to grant the. right of way through on as direct a route as possible, or to grant the use of a street which may be absolutely necessary to enable the company to (342 History of Alameda County, California. reach an accessible point for a depot It does not appear necessary to go to the foot of Broadway to reach an accessible point for a depot. ^ " But the inhibition against using the proposed road for ' street railroad purposes or for the purpose of carrying passengers, for a consideration, from one point to another in the same city (see Section twenty-one, above referred to) would seem to be suffi- cient to satisfy the company as to the unprofitable nature of their enterprise. They may be, and doubtless are, acting under advice as to their legal rights. " In the case of The State of New York vs. The Mayor and Aldermen of the City of New York [3 Duer's Rep. p. 119, cited in Redfield's Railroad Law, p. 6r6], the powers of municipal corporations in like cases are thoroughly discussed, and the conclusion of the court is that such corporations do not possess the power to make grants like the one petitioned for by the Oakland Railroad Company. " D. R Barstow." This report was referred to a Special Committee composed of Alderman Jayne, Shattuck, and Faulkner, who, August 22d, reported an ordinance granting the right of way as prayed for, to which several amendments were offered, the whole matter being subsequently referred to Messrs. Jayne, Miner, and Barstow, as a special committee, whereupon Mr. Barstow offered the following resolution, which was adopted: — Resolved, That the Council will cooperate with the Oakland Railroad Company in procuring from the Leg- islature at its next session a franchise in conformity with the accompanying general form of an ordinance, provided that said Oakland Railroad Company shall notify the Council of their acceptance of the same on or before the first day of December next. On January 30, 1866, a copy of the bill was transniitted to the Legislature, with the amendments proposed by the Council. The company obtained its franchise from the Legislature, May 3, 1866. This special Act granted to the Company the right to lay a track from Broadway Wharf to the University Grounds, the track within the city to be a double one, should the company so desire. Along the Telegraph Road only a single track could be laid. The fare for a single passenger was limited to ten cents, and sixteen tickets must be sold for one dollar. The franchise was to last thirty years; the speed was not to exceed eight miles an hour; and at the expiration of ten years the rates of fare were to be again fixed by the Legislature. The names of the original incorporators of the company are: F. Delger, E. B. Walsworth, Israel W. Knox, A. Hersey, S. E. Alden, I. H. Brayton, F. E. Weston, F. K. Shat- tuck, B. F. Ferris, S. H. Willey, George Goss, George H. Fogg. On March 12, 1866, Mr. Jayne presented a petition of property-holders and residents on Fourth, Eighth, Twelfth, Broadway, and Market Streets in favor of a charter being granted by the Legislature for the building of a horse railroad on said streets. Also a bill granting to R. J. Vanderwater and his associates the right to construct said railroad, and a petition from that gentleman soliciting the Council to recommend to the Legislature the passage of said bill. On January 18, 1868, in the matter of the Oakland Railroad Company, the Council passed the following resolutions: — Oakland Township — City of Oakland. 643 Resolved, That the Council of the city of Oakland are opposed to the attempt to revive the Oakland Railroad franchise by an extension of time for commencement of the same. Resolved, That we are in favor of granting a new franchise under proper limitations. Resolved, As the sense of the Council, that any grant for a horse railroad should compel the company asking for a franchise to complete the same within one year from the time of the grant, and to commence the Same within six months. Resolved, That the Clerk forward to our Senator and Assemblymen a copy of these resolutions. This, bill was duly approved February 4, 1868, and the time for completing the road so extended that, under the law, one track should be laid within the limits of the city within three years and six months from the date of the passage of the first Act, and the whole road completed within five years from that time. On May 2, 1870, the right of way was granted to F. K. Shattuck and others for a street railway to commence at the charter line on the east of the city on Twelfth Street; thence upon and along said line of Twelfth Street to Broadway; thence down Broadway to Eighth Street; thence westerly along Eighth Street to Wood Street; thence southerly along Wood and Pine Streets to Railroad Avenue; another franchise being at the same time granted to said parties for a line commencing at the water front on Adeline Street and running thence along that thoroughfare northerly to the charter line. On May 24th a petition was received by the Council from B. F. Mann and others for the right to lay and operate an iron railroad commencing at Broadway, at its intersection with San Pablo Road, along that thoroughfare to the charter line. On August 29th an ordinance granting to certain persons the right and franchise for constructing, building, and operating and maintaining a street railroad from San Antonio Creek along the center of Market Street to the northern charter line of the city, was passed. On May 22, 1871, an ordinance granting to Edward Tompkins, Thomas J. Murphy, and others the right to lay down and maintain an iron railway in certain streets, and, June 2d, another giving a like privilege to J. S. Emery and others for a steam railroad through Peralta Street, were passed. This latter was again granted a franchise in 1872. June 24, 1872, an ordinance granting to the Oak- land Central Railroad Company a franchise to lay a track and operate a line on Second and Franklin Streets was passed, and, on December 9th, a like privilege for certain other streets was granted to H. F. Shepardson, Theodore Meetz, H. S. Sheer, and J. E. Whitcher. This last is the Alameda Road. On March 10, 1873, certain privileges were granted to the Oakland, Alameda & Piedmont Railroad Company. On December 8, 1873, an ordinance was passed consenting to the abandonment of the portion of the franchise, so far as regards Eighth Street, to the Oakland, Brooklyn & Fruit Vale Railroad. On March 9, 1874, the Oakland Railroad Company were authorized to lay down an additional track from Fourteenth to Durant Streets. On September 21, 1874, an ordinance granting to the Alameda, Oakland & P«iedmont Railroad Company the right to lay down an iron railroad on certain streets was passed. On April 12, 1875, the right to lay a track in certain streets was granted to C. T. Hopkins and others. On February 7, 1876, the same privilege was granted to the Northern Railroad Company as far as regards Cedar Street. On March, 13, 1876, the right to construct a street railroad for horse-cars was granted to the East Oakland, Fruit Vale, and Mills' Seminary Railroad Company. On March 20, 1876, the same right was given to Grant I. Taggart and others for a line extending from West Oak- 644 liisTORY OF Alameda County, California. Ian J to the eastern limits of the city, On April 24, 1876, the right to construct a railriad on Market Street was granted to the Oakland, Berkel'ey, and Contra Costa Railroad Company, and, on June 26th, a franchise was given to the Broadway and Piedmont Railroad Company. On November 12, 1877, E. C. Sessions and others were granted like privileges on East Eleventh Street. On February 17, 1879. an ordinance granting to A. C. Dietz and associates the right to lay a steam railroad in the city was passed, the " Elsey Ordinance'' being lost at the same meeting, and, April 3, 18S2, an ordinance was pas.^ed granting to the California and Nevada Railroad Com- pany the like privileges. In the year 1864 the glory and promise of the Alameda Agricultural Association was dimmed by the selling of their buildings on Washington Square by E. Hoskins, who held a mortgage over the property, while a similar fate subsequently befell the Agricultural Pavilion. In this year (1864) there were passed by the Legislature, "An Act to authorize the City Council of Oakland to improve streets, lanes, alleys, courts, and places. To have power to lay out new streets; to grade and improve; notice to be given of intention to improve; remedy of persons aggrieved; to file a remonstrance; owners of property to petition for improvements; how contracts are to be made; duty of Marshals; assessment for expenses; city to pay for improvements on its own prop- erty; when done on one side of the .street, the lots on that side only to be assessed; City Marshal to make assessments; warrants to be attached to the assessments; assess- ments to be a lien on the property; contractors to collect; appeal to counsel; contrac- tors may bring suit;" and, "An Act supplementary to an Act entitled, 'An Act to Incorporate the city of Oakland, passed March 26, 1854. Abating nuisances within city limits; providing building for municipal purposes; licenses; election of Justice of the Peace.' " In April, 1864, a Methodist church was commenced on the corner of Ninth and Washington Streets, the building to be sixty feet long and thirty-eight in width, and to cost five thousand dollars; the architects being Hagland & Newsom. The build- ing was dedicated in August, 1864. On June nth, the George Goss, afterwards named the Louise, a new steam ferry-boat, was launched in San Francisco; she being intended to replace the Contra Costa. In the same month, Messrs. Leland & Harwood opened a lumber-yard at the foot of Broadway. In August, 1864, the Nortli Oakland Home- stead Association filed its articles of incorporation, having as its object the purchase of large tracts of land in Oakland Township, and the subdivison of them into lots for the members. Capital stock, twenty thousand dollars, divided into one hundred dol- lar shares: Trustees, J. S. Emery, Thomas Bass, D. N. Havvley, T. B. Bigelow, Elijah Bigelow, J. G. Darves, W. W. Crane, Jr.: while, on the 2Sth of the same month, the College Homestead Association filed its articles, capital stock, sixty-two thousand five hundred dollars, divided into shares of five hundred dollars each. Trustees: William Sherwan, E. B. Walsworth, Ira P. Rankin, L. B. Benchly, Cyrus Palmer, John W. Dwinelle, J. B. Bigelow. On August 22, 1864, A. Muller, opened a hotel at the corner of Broadway and Second Streets; while we learn that in the month of Septem- ber, the Oakland Flouring Mill was doing a large and profitable business, under the direction of Potter & Co. Oakland Township — City of Oakland. 645 [865. — On January 25, 1865, the Oakland Neius passed into the hands of Gagan & Watson, by whom the paper was continued to the full standard of its former excel- lence. O 1 January 27th, the Oakland Union Homestead Association filed its certifi- cate of incorporation, the capital stock of the comp my being twelve thousand five hundred dollars, divided into fifty shares of two hundred and fifty dollars each, its Trustees being, Thomas Bass, G. McAmes, W. W. Crane, Jr., W. Leonard, and E. Bigelow. In this year the Pacific Novelty Iron Works were fully established. This company located themselves at Oakland Point in the month of April of the previous year under the superintendence of J. M. Wooster, the other officers of the company being, B. D. T. Clough, President, and William McDonald, Secretary. On February 25, 1865, there died one of Oakland's most respected citizens. John McCann, by his social qualities, generous disposition, and upright bearing, had won for himself the good-will and sincere friendship of all whT knew him. One of the earliest pioneers and residents of the city, he was widely known. He received a military funeral at the hands of the Oakland Guard, of which he was a member. On the morning of Saturday, March 25, 1865, one of the most destructive fires that ever visited the city of Oakland, broke out about two o'clock in a restaurant front- ing on Seventh Street, immediately in the rear of a saloon kept by N. S. Knowlton, and owned by a Frenchman named M. Normandin. Of this disaster the News says: " The wind was blowing hard at the time from the northv/est, sweeping the flames and burning cinders on the ro )f and rear windows of the Delger Block, enveloping them in the devouring element. The furniture store of Myer, on the east, was soon involved in the flames, as were the dwelling-house and bakery of D. L. Smith, the undertaking establishment of W. W. McKenzie, and also the residence fronting on Sixth Street, owned by Mrs. Davis, and occupied by Mr. Watson, publisher of the News. In half an hour, perhaps, the flames had communicate! to all the buildings on the entire block, save a little isolated one on the northwest corner, which alone of all the struc- tures in the whole block, was saved. The people turned out en masse to render what service they could in saving the buildings. The enterprising and comprehensive statesmen who have had the control of our municipal affairs, and have thus far set their faces like flint against the useless extravagance of purchasirig a few hundred dol- lars' worth of fire apparatus, relieved all efforts for the salvation of the buildings, and, as a matter oi' course, every one tried to save whatever merchandise and furniture he possibly could. What causes peculiar chagrin and mortification is the fact that a hook and ladder company of even twenty men, properly organized, could have saved five-si. Kths of all the property destroyed. The Common Council, notwithstanding repeated calls have been made for fire apparatus of some kind, have steadfastly ignored the palpable necessity, and to-day we regard them as being mainly responsible for the loss of property suffered on that occasion. Their vaunted economy has proved to be of the ' penny wise pound foolish ' order. The financial acumen displayed by the Common Council in saving one thousand dollars to the city at an expense of fifty thousand dollars' worth of property, should raise them wonderfully in the public estima- tion and entitles each individual member to a mausoleum when he ' shufifles off this mor- tal coil.' The amount of the matter is, the people' of Oakland — the property-holders — pay their taxes in order that they may have protection for their lives and property; 646 History of Alameda County, California. and the Common Council is expected to furnish such protection promptly and effect- ively. The paltry excuse that the old debt should first be liquidated before any new one is incurred, so far as it relates to the trifling outlay for a fire-engine or hook and ladder apparatus, will not be tolerated hereafter. The people are willing to be taxed for this purpose and have always -been willing; the very knowledge spread abroad by the San Francisco papers that the city of Oakland has not even a solitary bucket to be used in case of fire, is calculated to retard the progress and advancement of our town by discouraging people from purchasing and improving property in our midst. This fact alone will do us more damage than even the destructive fire of last Satur- day. It is really a disgrace to us as a city, but the shame rests entirely on the heads of the Common Council. We trust that this lesson so dearly purchased will not be entirely lost, and that measures will be taken, even at this late date, to organize a fire department that will secure us somewhat from a repetition of the late conflagration." In the month of April, 1865, the post-office was located in the Valdez Block with Doctor Yard as Postmaster, a position that was felt to be most convenient. The event of greatest moment that occurred in the year 1865 was, unquestionably, the assassination of Abraham Lincoln in Ford's Theater, Washington, District of Colum- bia, by John Wilkes Booth, on the evening of the 14th April. Sixteen years later, July 2, 1 88 1, another and more atrocious deed of the blackened hand of the assassin called one more President of the Union to cross the dark river. In Abraham Lincoln and James A. Garfield civilization lost two of its chiefest ornaments. Perhaps no such dual calamity had ever occurred before to any nation; is it a wonder then that the whole land was twice flooded with tears, and each mourned as if for a father? In Alameda the intelligence of these deeds was received with every public demon- stration of grief, while appropriate resolutions were passed, and ceremonies observed. The following beautiful lines on the death of President Lincoln from the gifted pen of Sister Annie Fitzgerald, of the Convent of Notre Dame, San Jos4 would appear to be equally fitted to that other dastardly deed, and may appropriately find a place here: — Has he fallen, our Country's Ruler ? Has he fallen, our Country's Chief ? 'M id the gloom of a Nation's mourning, And the wail of a Nation's grief. Has he fallen, our Country's Ruler? O hearts that have bled and must bleed, Has he fallen in the hour of his triumph. And the hour of our sorest need ? Has he fallen, Whose hand hath guided Our ship through the raging waves, Till the roar of the battle's tempest Died low o'er its mound of graves; Till the clouds from our skies seemed sweeping And the seething billows to cease, And the light of a happier future Dawned bright on the shores of peace ? Shame, shame on the soul and manhood Of even his veriest foe, That grudges his deadliest scorning To the dastard that dealt the blow. Aye, the wrath of a widowed Nation Be poured on the guilty head; But shame not the name of the millions With the blot of a crime so dread. With the blot of so .dark a murder, With the curse of the hearts that bleed. Nay, even the cheek of treason Must blush at so foul a deed. Droop lower, O sacred banner! Droop lower thy folds to-day; For the crimson blood of our Chieftain Hath hidden thy stars away. Oakland Township — City of Oakland. 647 Has he fallen, our Country's Chieftain ? Aye, Patriot souls, to-day The heart in his generous bosom Lies cold as the pulseless clay. Oh! the ban of a Nation's hatred, And the blight of a Nation's woe, And the curse of a Nation's vengeance On the hand that has laid him low. On the hand with its fiend-like malice. On the heart that the crime hath nursed, On the life of the base assassin, Let the lowering tempest burst. For never a kindlier foeman, And never a truer chief. Hath passed from a Nation's anguish 'Mid the wails of a Nation's grief. Droop lower, O mourning banner! Droop low o'er our Country's breast; O'er the North in its widowed glory. And the orphaned East and West. Droop low o'er the wrongs and sorrows, And the hopes that are passing away; Toll drearily, bells, your sad dirges. Toll drearily, bells, to-day. Pour out the deep voice of your tidings, O sonorous cannon's deep mouth! Weep, weep o'er our loss and thy future, Thy bitterest tears, O South. Weep, North, in thy widowed glory, For the heart that hath loved thee best. And wail o'er your martyred father, O orphaned East and West. Wail, wail for the clouds that gather So dark o'er our stormy way; He has fallen, our Country's Ruler, He has fallen, our Country's Stay. At the meeting of the Council held April i8, 1865, consequent upon the news of President Lincoln's death, Mr. Shattuck offered the following resolution, which was unanimously adopted : — Resolved, That the untimely death of the Chief Magistrate of the Nation at this particular crisis, is a calamity that must be deplored by every good citizen, coming as it does at the very commencement of the fruition of the great and patriotic measures which he virtuously maintained and vigorously upheld during the long and trying period of his public career. We confess that our grief is mingled with the fear that no living man can accomplish all that his patriotic devotion could have achieved. In view of the great loss which the people of the American Continent, and of the whole civilized world, have sustained in the catastrophe, we recommend that all places of business be closed on the 19th day of April, 1865, and that our citizens generally participate with the people of the United States on that day in rendering homage to the history and memory of the Great Departed. In Oakland the signs of mourning were general, the newspapers turning their column rules, and the public and many private buildings being draped in black. On October 24, 1865, petitions were received from W. W. Beggs & Co. and P. B. Brumer, praying for permission to erect gas-works in the city of Oakland, which, November 21st, were handed over to a special committee for a report. Another petition was received for a like purpose on November 28th, from A. C. Dietz and E. W. Travers. On December 8th, Joseph G. Eastland and W. W. Beggs were granted the privilege sought, by ordinance, but they were succeeded by the Oakland Gas Light Company, who, July 3, 1866, were granted permission to erect their works on Block No. 6, bounded by First, Second, Washington, and Broadway Streets, further time being also given for the completion of the building. On December 4th a committee of the Council was appointed to ascertain upon what terms the company would light the city with gas, and report a contract, which they did on the 19th of the same month, stating that the Oakland Gas Light Company had covenanted to erect lamp-posts in accordance therewith. As these were the first gas-lamps in the city let us state where they were placed: one on the southerly end of Broadway; one on the southeast corner of Broadway and Water Street; one on the southwest corner 648 History of Alameda County, California. of Broadway and First Street; one on the southwest corner of Broadway and S^'^"" Street; one on the southeast corner of Broadway and Third Street; one at the sou west corner of Broadway and Fourth Street; one at the southeast corner of B.roa - way and Fifth Street; one at the southwest corner of Broadway and Sixth Stree , one at the southeast corner of Broadway and Seventh Street; one at the southwest corner of Broadway and Eighth Street; one at the southeast corner of Broadway and Ninth Street; one at the southwest corner of Broadway and Tenth Street; one at the southeast corner of Broadway and Eleventh Street; one at the southwest corner of Broadway and Twelfth Street; one at the southeast corner of Broadway and Thirteenth Street; one at the junction of Broadway and San Pablo Road. On Eighth Street: one on the northeast corner of Washington and Eighth Streets; one on the southeast corner of Clay and Eighth Streets; one on the northeast corner of Jefferson and Eighth Streets; one on the southeast corner of Grove and Eighth Streets. On Twelfth Street: one on the northeast corner of Franklin and Twelfth Streets;- one on the southeast corner of Webster and Twelfth Streets; one on the northeast corner of Harrison and Twelfth Streets; one on the southeast corner of Alice and Twelfth Streets; one on the northeast corner of Jackson and Twelfth Streets. On Seventh Street: one on the northwest corner of Washington and Seventh Streets. The contract referred to abpve stipulates that for the period of ten years, from July I, 1868, the gas-lamps to be used in the streets of Oakland shall be erected and maintained by the Oakland Gas Light Company. For the first five years, the com- pany shall receive twenty-two and a half cents per night per lamp, until the number may exceed two hundred and fifty, when the price shall be twenty cents per night for each lamp used. At the expiration of five years, the price is to be fixed by a com- mission of three persons, one of them to be named by the company, one by the City Council, and the third to be elected by the two thus chosen. On January 9, 1 87 1, J. W. Stow, A. P. Brayton, Ira P. Rankin, P. P. Felt, Josiah Belden, E. J. Pringle, C. T. Hopkins, and W. W. Montague petitioned for the right to lay down pipes for distributing coal-gas through the city, which was referred to the Committee on Street Lights and Lamp-posts. In the mean time the Oakland Gas Light Company becoming aware of this petition, communicated with the City Council set- ting forth certain, to them, good reasons why an opposition company should not be permitted to locate in Oakland. On January 23d another petition for the erection of gas-works, signed by Philip Cadoc, Henry F. Williams, and William H. Devalin, was received, while, on the same day a petition with the names of one hundred and eighty- two of the citizens of Oakland was presented to the Council, praying that the franchise asked for by J. W. Stow and his associates be granted. The committee sent in their report in due course of time, and on the nth February Mr. Stow and his partners withdrew their application, stating, "they have observed the report of your commit- tee, touching the franchise applied for, and the conditions recommended in the ord' nance reported. These conditions seem to us to discriminate iniuriouslv ao-air. -^ , I . , -i :/ "-gciiUbL us m the contest and competition sure to arise, and could hardly fail to discourao-e th investment of capital in a new enterprise, and one, too, which is always unrem^ner Oakland Township=-City of Oakland. 649 tive at the Gammencement," therefore, February 13th, they were granted the desired permission On the same date the Council received a petition for the hke privileges from Charles Webb Howard, Sextus Shearer, C. T. N. Palmer, F. K. Shattuck, A. C. Henry, and J- West Martin, under the style of the Home Gas Light Company, who "were granted a franchise after considerable discussion in the Council. Meanwhile, Messrs. Caduc and Williams desired that their petition should be attended to, and on May 15th they, too, were granted a franchise to erect gas-works and lay pipes within the city limits. In the month of March, 1865, the Contra Costa, or Minturn, ferry line of steam- ers was sold to the San Francisco and Oakland Railroad Company, and on April 1st that line was extended to the Brooklyn station of to-day. In the month of Sep- tember the Oakland and Alameda Water Company, the immediate object of which was to bring the water of Temescal Creek into Oakland, was formed, and on Novem- ber 2.8th the office of City Surveyor was created. i8§6. — Up till January, 1866, no community in Califofrila had progressed so rapidly as Oakland, while in the preceding four years its population had doubled. The limprovenaents it!hat were made within that time, as well as those then making, were of a substantial and permanent character. Elegant and commodious resi- dences were erected in all parts of the city, w'hile there had been gathered within iher ^borders a circle of society distinguished for its intelligence and refinement. As a -geno-al rule ber people owned the property they lived upon, and considered them- selves fortunate .in possessing homes surrounded by so many advantages. The beauty and fertility inDf tthe adjacent country, the excellence of the roads diverging in all. diiEctions fram ^the city, the delightful drives, the healthful invigorating atmospher^^. amifl, withal, its proximity to San Francisco, proved sufficient guarantees not only of'' the stability cof Oakland, but also of its rapid growth. The city by this time hadl become a pedeot Arcadia. The oaks had doffed their old foliage and donned a neW caat of verdaat leaves, so green that the eye and mind is lost in admiration of nature's favorite tints. The carpet beneath the stately limbs of those primeval monarchs, . altlrough simlar in calor to the foliage above, is nevertheless so diversified by the- maaay wild flowers of spring, studding the moss-like gems in an artificial scene, that the irelief from a universal sameness is most complete. The homes of the people-' shfflsifed the luxuriant blossoms of the peach and the pear, while their well-kept fldu er- gardens gave character to the surrounding scenery: they furnish the idea that civili- zation! is around ready to mitigate any sameness incidental to nature's efforts On January 23, 1866, Joseph B. Biddleman, President of the Oakland and Ala- meda Water Company, petitioned the City Council to the following effect- "That they propose conducting the waters of Temescal Creek to the city of Oakland for the purpose of supplying the said city and the inhabitants thereof with pure fresh water. That to accomplish such an object they have already constructed reservoirs near the head-waters of said creek, and have expended large sums of money in furtherance of their designs," etc. This soabject was referred to the Committee on Streets and Buildings, and was consigned to the purgatory of further action Indeed the formation of water companies £or the supply of the citizens of San Fran- 42 650 ~ History of Alameda County, California. Cisco and Alameda Counties with water would appear to have been a popular amuse- ment in the year 1876. Besides the one mentioned above, we have the Amador Water Company: Certificate filed March 15, 1866; Incorporators: F. K. Shattuck, J. West Martin, J. S. Emery, J. W. Dwinelle; Capital stock, one million dollars; Object: To supply the city of Oakland and towns of Alameda County with fresh water from - springs, wells, the Laguna in the valley of Amador, and the Laguna Creek, from Las Pocitas in Livermore Valley, and from all other available sources. Contra Costa Water Company: Filed June 26, 1866; Incorporators: A. Chabot, Rein Chabot, and Henry Pierce; Capital stock, two hundred and fifty thousand dollars; Object: To sup- ply the cities and towns in the county of Alameda, and the inhabitants thereof with pure water; Place of business, Oakland, California. College Water Company: Filed June 27, 1866; Incorporators, William Sherman, John W. Dwinelle, J. A. Benton, S. H. Willey, and Robert B. Swain; Capital stock, one hundred thousand dollars; Object: To furnish fresh water to the city of Oakland and the towns in the county of Ala- meda and the inhabitants thereof, from springs, wells, and other available sources; Place of business, Oakland. On July 3, 1866, A. Chabot, President of the Contra Costa Water Company, pre- sented a petition to the Council to procure the right to lay down pipes in the streets, alleys, and lanes of the city of Oakland for the purpose of supplying its inhabitants with pure fresh water, and referred to a Committee composed of Messrs. Shattuck, Anderson, and Barstow, and upon their recommendation, on July i8th, an ordinance was passed granting them the privilege prayed for. On the same date like privileges were granted to the Oakland and Alameda Water Company. In his message of March 15, 1869, Mayor Merritt says, in respect to the intro- duction of water into the city of Oakland: "The water of the Temescal Creek has been recently introduced into this city by the Contra Costa Water Company, which is composed of gentlemen of energy and ability. " The water is brought from the creek to a reservoir on College Hill — one hundred feet above the base line of the city — a distance of four miles, through iron pipes. From the reservoir thfe main pipe extends along Telegraph Road through Broadway to Broadway Wharf, a distance of about two miles. From the main pipe branches are being extended along various streets as the demand requires. Thirty-nine thousand seven hundred and fifty-eight feet of pipe are now laid. During eight or nine months of the year the natural flow of water in the Temescal Creek is sufficient to supply the requirements of this city, and in order to afford an abundant supply during the three or four months of dry season, the company is constructing a large reservoir in the Coast Range of Mountains about four miles from this city, which, when finished, will hold not less than two hundred million gallons. More reservoirs can be made as the demand increases, by which means the city can be furnished with a constant and abundant supply of pure mountain water." It may be well here to give a complete description of the works of the Contra Costa Water Company, for we believe that but few people appreciate their magnitude and realize the immense expense with which the enterprise has been conducted. It is known to every one that an abundant supply of water can be obtained from wells anywhere in Oakland, at a depth varying from thirty to forty feet. About four Oakland Township — City of Oakland. 651 feet from the surface of the ground there commences a stratum of hard-pan almost as solid as the lightest formations of sandstone. When this has been penetrated to a point which is a little below the tide level, there is found an abundance of fresh water rather hard, but very clear and pure. A large number of people still obtain water from these sources, but some of the wells have become foul, and in a few instances the supply has altogether failed. Wells in thickly settled neighborhoods are looked upon with distrust, and there have been instances where abandoned wells have been turned into cesspools. This would tend to poison every well in the vicinity, for the water evidently circulates freely beneath the hard-pan. The Contra Costa Water Company was organized in June, 1866, as we have already remarked, and commenced supplying customers in 1867. It had a capital of two hundred and fifty thousand dollars. Water was temporarily obtained from Temescal Creek. There are now (in 1883) laid in all one hundred and thirty-three miles of pipe, running through Oakland, East Oakland, and part of the Oakland Valley. It is estimated that five thousand six hundred and thirty-eight persons are supplied, ■using about seven million gallons daily, the maximum rate of consumption occurring in the hot weather, when hundreds of gardens and lawns are irrigated. We have shown that a number of companies had been incorporated, but none of these, with but a single instance, have displayed any signs of vitality. That exception was the company owning the water rights in Fruit Vale, and its franchise was purchased by the Contra Costa Water Company. The water is obtained from the higher hills in the rear of Oakland, distant about five miles. In the vicinage of the main reservoir, which we shall notice presently, the company owns all the land draining into it, consisting of several thousand acres, or rather has an interest in this domain that is sufficient to prevent its use for any improper purpose. The mountain streams at the head of Temescal Creek are of extreme purity. Only a limited number of cattle are allowed to graze on the hills, and there is no drainage from them during the long summer months, the water coming from within the mountains into reservoirs provided b)' nature. In the winter one of these rivulets furnishes all the water that is required, running a clear stream, and the surface drainage from the hills passes over nothing but grassy earth. Besides the brooks tributary to the Temescal Creek, the waters of Fruit Vale are utilized. The latter stream rises in the rugged hills above the valley bearing its name, and is as pure as any water in the world. In addition to what can be obtained from the hills, water is taken from artesian wells at Brooklyn, of which we will speak farther on. What is now called Lake Chabot was constructed about 1868-69, <:wo years hav- ing been consumed in building the series of dams that back up the waters and create the lake. The eastern branch of Temescal Creek, for a mile or more, ran between two steep hills about seven hundred feet apart. Instead of forming a gorge, as in most canons, there was a valley some thirty or forty acres in extent. An honest farmer had there his vegetable garden and potato-patch, and doubtless little dreamed that at some future time what was then his premises would be covered by sixty feet of water. Unless one has been in the California mines he cannot well appreciate the amount of work requisite to dam up a valley like this. The first step was to remove all the soil from what was to be the bottom of the lake. The rock on each side 652 History of Alameda County, California. where the dam was to adjoin, was scraped clean and smooth. A crevice big enough to admit a needle would soon lead to the destruction of the work. The little stream of water that would pass through would become larger and larger, and, in the course of a few days or weeks, the heaviest embankment would be swept away by the waters that it had imprisoned, with a force that would be irresistible. There was tamped upon the solid, rocky bottom, and the rock walls on either side, tenacious clay, and clay and earth mixed and laid upon it. The dam consists of three terraces or, it would be cor- rect to say, it was built in three sections. For a distance of six hundred feet there was placed a solid bed of earth; upon this, another layer of earth four hundred feet wide, and then the third and last, tapering to the top, now thirty feet wide. A large quantity of this earth was placed in position by slicing from the hillsides, but the bulk of the work was done with horses and carts. From the bed-rock, on which building was commenced, to the top of the dam, in a perpendicular line, the distance is eighty- six feet. The inner side of the dam is covered with broken rock, to prevent any washing away of the earth. To provide for the surplus water, in winter, there is at one end, a raceway about twenty feet square, and when the water is rising rapidly the gate is raised and danger of overflow averted. Lake Chabot is about four hundred feet wide and three-quarters of a mile in length. The capacity is estimated at two hundred million gallons. The outlet is controlled by a vat near the dam, connected with the valve on the discharge-pipe. The water is clear, but of a deep greenish tint; the banks are clear, and no animals are allowed to pasture in its immediate vicinity. Until June i, 1872, all the water used in Oakland came from below Lake Chabot and from Fruit Vale. From the lake the water flows through the original bed of Temescal Creek for a mile and a half The earth through which it passes acts as a filter, and the water is pure as the clearest crystal when it enters the mains leading to the reservoir on Academy Hill, between McCiure's Academy and the Theological Seminary. Near the former residence of the late J. Ross Browne, a mile above the village of Temescal, there is a small dam, and into this is the main of which we speak. The elevation of Lake Chabot is four hundred feet above Broadway Wharf; the dam last mentioned is two hundred feet above that level, and the reservoir on Academy Hill is one hundred and one feet above it. Hence, the water in use in Oakland has a head of a hundred feet, or a pressure of about fifty pounds to the inch. Friction greatly reduces this, but, when the water is still, a gauo-e will show the pressure we have named. This reservoir is one hundred and four feet square on the top, and the sides slope inwards, so that at the bottom it is thirty feet deep and about forty feet square; its capacity is one million gallons. As it is built of brick ,ind lined with cement, there is not a single drop of leakage. Near the surface there is an escape pipe, so that the water cannot overflow. Water is brought into the city by two mains. There is a pipe from the bottom of the reservoir, for working out the mud that might accumulate, and when occasion requires the reservoir is ^carefully cleaned. The East Oakland and Fruit Vale supply may thus be described: On an elevated locality near the head of Fruit Vale, there is a distributing-reservoir similar to that on Academy Hill, and of the same .capacity. From that there is a main lead- ing directly into Brooklyn (East Oakland). In Brooklyn two artesian wells have Oakland Township — City of Oakland. 653 been used, which are bored through the tide-lands, notwithstanding which the water is clear, soft, and pure. It is forced by steam-pumps into the mains, but is only- drawn upon when extreme necessity exists. While on the subject of water companies, it may be stated that, on February 12, 1872, the Lake Tahoe and San Francisco Water Works Company were granted the right to lay pipes through the streets of Oakland, while, on October 15, 1877, like privileges were granted to the Oakland and Alameda Water Company. As long ago as April 29, 1854, the subject of City Water Works was mooted. In his message to the Council of that date, Mayor Carpentier regrets that the charter confers no power upon the City Council to authorize the construction of water-works by which some of the mountain streams might be brought into the city at a compar- atively small expense, thereby affording an abundant supply of water both for com- mon uses and for the extinguishment of fires. It was left for the Contra Costa Water Company to confer this boon. Suddenly it entered the heads of the City Fathers that Oakland should own its water-supply; therefore at a meeting held December 22, 1873, Mr. Spaulding called the attention of the Council to the matter, and moved that a committee be appointed to investigate the subject and report. Messrs. Spaulding, Knox, and Larue were nominated, and on January 19, 1874, made the following report: — " Your Committee to whom was referred the matter relating to supplying the city with water, also the feasibility of the city owning its own water-works, have carefully examined the various sources from which a sufficient supply can be obtained, interviewed the owners of the different water rights for whatever infor- mation could be gained from them; examined the reports of Water Boards of .Eastern cities who own their own water-works, and now beg leave to report the following as the result of their labors. " In examining the source of the supply of the proposed works of the San Fran- cisco and Oakland Water Company situated on the Calaveras Creek, thirty-eight miles from Oakland, we find an abundant supply of good water at an elevation of five hundred and sixty-three feet above low-water mark. Oakland can be supplied with an abundance of good water from this source through a twenty-two-inch main at a cost, say: — ' ' Dam and reservoir $ 98,473 00 Thirty-eight miles, twenty-two-inch pipe 797, 500 00 " The above is exclusive of the right of way, franchises, distributing-reservoirs and distributing-pipes. When the proposed dam at this place is constructed at a height of one hundred and twenty-four feet, the reservoir is estimated to contain eight thousand six hundred and forty-seven millions seven hundred and forty-four thousand one hundred and seventy-one gallons. " About eight miles below the above-mentioned locality, at a place called Sunol, we find a location made by Charles Felton and others, who are making preparations to construct a dam, which, when completed, will be thirty feet in height and about six hundred feet in length, and will flow the water to the railroad track. The bed of the creek at this point is about two hundred feet above low-water mark. Owing to 654 ' History of Alameda County, California. the peculiarities of the location, the dam will be required to be constructed of solid masonry, the cost of which has been variously estimated at from two hundred to two hundred and fifty thousand dollars. We understand the reservoir is to be constructed in another locality, of what capacity, or at what cost we have no definite information. The cost of thirty miles of twenty-two-inch main will be about six hundred and thirty-seven thousand five hundred dollars. To these amounts are to be added the cost of reservoirs, distributing-pipes, street-mains, connections, distributing-reservoirs, water rights, etc. " Your Committee have also visited the Contra Costa Water Works, and were kindly allowed to examine the books and plans belonging thereto. We find that this company owns and controls the right to the waters of Temescal, Sausal, and San Leandro Creeks. The drainage area of the Temescal Creek is equal to six square miles; that of Sausal Creek, about six square miles; that of San Leandro Creek, and its tributaries, at about seventy square miles, which, together, is capable of furnishing a daily supply of thirty-five to forty millions of gallons, and which, according to the reports of other water companies, will supply a population of over five hundred thousand people. This company have constructed a reservoir at Temescal, Sausal, and College Hill. The Temescal has an elevation of four hundred and twenty-five feet; Sausal of three hundred feet; and College Hill of one hundred feet above the city base. These reservoirs have a united capacity of two hundred and one millions five hundred thousand gallons. The company have only recently acquired the right to the water of the San Leandro Creek. The distance from the city of Oakland is eight miles. They have about sixteen hundred acres of land, which will be flowed at an average depth of one hundred feet, and are preparing for the construction of a dam which is to be one hundred and fifty feet in height. The dam is to be tapped for the supply-pipe at an elevation of one hundred and fifty feet above city base, which, when added to the height of the dam, will give a pressure equal to three hundred feet in the city, less the friction. The following is the estimated cost of this part of their works: — "Dam-gates, waste-ways, etc $150,000 00 Land for Reservoirs co 000 00 Constructing new roads, bridges, etc 25 000 00 Clearing lands 5^000 00 Distributing-reservoirs iq qqq qq Eight miles of twenty-two-inch pipe i^q qqq qq Street-mains and connections in addition to those now laid yc 000 00 Incidental Expenses j , q^jq ^^ 'r°'^' $500,000 00 " The cost of the present works of the company now in operation, including the San Leandro purchase, amounts to five hundred and eighty-one thousand dollars- The total number of water-takers is twelve hundred and ninety. The average monthly receipts of the company are about five thousand dollars. The approximate receipts for the ensuing year is seventy-two thousand dollars. The annual increase of the receipts, as appears from the company's books, has been about thirty-five per cent., and, with a further outlay for mains and distributing-pipes of from fifteen to twenty thousand dollars, the receipts would be increased considerably above those figures. Oakland Township — City of Oakland. 655 "Your Committee have also examined the reports of Engineers and Water Boards of several Eastern cities, and submit them for your consideration and benefit such information as may tend to enlighten the Council upon the subject under con- sideration. It- must be borne in mind that there are necessarily many items of expense incidental to maintaining water-works where they are subject to the damag- aging effects of freezing and thawing for several months in the year, which do not follow in a climate like ours.* " Your Committee trust that it may not be considered as digressing too far from the subject-matter of their report to present in connection therewith a few facts touch- ing the character of the materials of which the water-pipes of this city are now composed. " We feel warranted in making this digression because the public faith in the virtue of said pipes has been through ignorance, we think, and which false represen- tations have seriously impaired. " We find that the water-pipes of the Contra Costa Water Company, now laid in this city, are even superior in many respects to those laid in those cities (at the East) above cited. The pipes of this company are constructed of the best materials, well riveted, and lined with cement, and coated with asphaltum, and before being used are subjected to a hydraulic pressure equal to a pressure of four hundred feet head. In the annual report of 1873 of the City Government of New Jersey we find the follow- ing remarks and quotations on the use of cast-iron and wrought-iron cement-lined pipes, made by an engineer appointed to investigate this subject. ' The action of Passaic water On cast-iron as shown in existing conduits and distribution-pipes develops the formation of accretions which in their early stage are small in size and hemispherical in shape, covered with a thin scale and filled with a substance resem- bling black mold slightly moist, and of an offensive odor. They appear to increase rapidly in bulk and numbers until the entire inner surface of the pipe is covered with them. Their growth not only diminishes the diameter of the pipe but affects its stability, as they destroy the metal beneath them, changing its characteristics and tending to render it unequal to the strain of even light hydraulic pressure. They also taint the water, imparting to it a discernible flavor. " ' The city of Portland has a large main of over sixteen miles long of iron and cement pipe. In our present thirty-six-inch conduit there were two thousand feet of such pipe laid, however, before the improvements in jointing and lining were made, which rendered the pipe of the American Water and Gas Pipe Company so superior to others of the kind.' " Your Committee have corresponded and had personal interview with the officials of Water Boards of various cities where cement-lined pipe has been laid, and in refer- ence to our inquiries they have not only indorsed such pipe but praised it in terms of the highest commendation. " We find by referring to a report of the Water Company of Saratoga that over twenty thousand feet of cement-lined pipe were laid in 1846 under an eighty foot head, and that it has cost comparatively nothing for repairs. *It is not necessary to produce those statements compiled from the reports of Water Boards of Eastern cities. 656 History of Alameda County, California. " The following is an extract from the report of W. S. Whitwell, Esq., former Chief Engineer of the Cochituate Water Works of Boston, Massachusetts, and also Chief Engineer of the Jersey City Water Works, to the Board of Water Commissioners of Plymouth: 'The next question was the kind of pipe to be used. Two kinds oi pipe were proposed; the cast-iron pipe and the iron-cement pipe known as "Ball's Patent. With the latter I had been acquainted for several years, and from its cleanliness> cheapness, and durability I was much inclined to advise its adoption without any qualification. As a precautionary measure I proposed that a Committee of your Board should visit Rockland in Maine, where these pipes had been in use for nearly two years, to learn there if any objections existed in their use, and if they had answered the expectations that had been formed of them. Your Committee returned so well satisfied with the report received of them that they were adopted without further hesitation. The great objection to the iron pipe is found in the rapid incrus- tation which takes place inside of the pipe and very soon seriously diminishes its capacity: this becomes a matter of much more consequence with small pipes than with those of larger size, and while in a thirty-inch pipe the diminution of capacity would be scarcely perceptible for seven or eight years, in a pipe of ten inches diameter the incrustation of four years would probably reduce the capacity one-fifth. " ' The iron and cement pipe is free from the objection; the bore remains always of the same diameter; always clean, and becomes harder and more durable by age. With proper care in selecting the best quality of cement in the manufacture of the pipes and in making the joints I consider this as the best water-pipe now in use for the supply of towns and villages.' [Here follows a list of twenty-four of the principal cities and towns that have used and are using the wrought-iron and cement pipe in the distribution of water.] " From the above facts and figures your Committee in conclusion would most respectfully submit that, in their opinion, the time has now fully come that the city of Oakland, as a matter of economy and self-protection, should take the necessary steps . to secure for itself a supply of water which will not only meet the demands of the present but the future. It seems to us that in view of the facts already set forth, it is the only course which we can in any justice to ourselves and our posterity pursue. When this very desirable acquisition shall have been attained our city may challenge comparison with any other on the Pacific Coast for its felicitous attractions to the outside world to come with its wealth and population and make it what it should be, the Star City of the Pacific." On January 19, 1874, the Council passed a resolution directing the President to appoint a Committee to prepare, in conjunction with the City Engineer and City Attorney, a bill to be presented to the Legislature, authorizing the city to issue bonds for the purpose of acquiring water-works, Messrs. Spaulding, Knox, and Warner being so named; while, on the same date, Messrs. Knox, Warner, and Snook were appointed to ascertain the best terms upon which water-works and franchises can be purchased by the city. On March 2d Mr. Chabot, President of the Contra Costa Water Company, communicated to the Council the following propositions in regard to selling their works and property to the city: First — The Company will sell its works and property at a valuation to be determined by Comrpissioners, two to be chosen by Oakland Township — City of Oakland. 657 the Council and two by the company, and in case the four cannot agree upon a valuation they shall choose a fifth and the decision of a majority of the five shall be final upon the question of valuation. The company will receive in part payment the bonds of the city bearing interest at the rate of eight per cent, per annum. Second — The second proposition is that the city lend its credit -to the company, in bonds or otherwise, to an amount sufficient to complete the works on the San Leandro Creek and connect the same by pipes with the city so as to make the water available for the use of the city as soon as possible: a Committee of the Council to see that the loan is .properly applied to the construction of the works, and the loan to be secured on the property of the company; the company agreeing to pay the principal and interest of the loan as they fall due: the city to have the option to purchase the works at the end of ten years from the date of the loan at a valuation made as aforesaid, and the amount so loaned to the company shall be a part payment of the valuation so ascer- tained; the balance to be paid by the city on receiving possession. This communica- tion was referred to the Auditing and Finance Committee, who on March 9th reported " An Act to authorize the City of Oakland to aid the Contra Costa Water Company to complete its Works.'' On being referred to the Legislature, on March 30th, "An Act to authorize the City of Oakland to obtain a Supply of Water was approved." By this Act, the city of Oakland might exercise the right of eminent domain, by taking for public use, in order to supply herself and the adjacent towns, and the people therein, with water, any flowing stream, lake, or artificial reservoir, or places for the construction of the same within the county of Alameda. To conduct these affairs a Board of Public Works was to be appointed by the Governor for a term of four years, while the Act especially defined their various duties. In his message of February 28, 1876, Mayor Webber says, under the head of the water-supply: " The Board of Public Works appointed by the Governor of the State, in accordance with law, has accomplished nothing decisive, and I do not think that anything will result from the continuation of this body under the present law. An effort has been made to ascertain the price at which the Contra Costa Water Company would sell its property and franchises, but no price has ever. been stated. This com- pany can now supply Oakland with an abundance of water from the San Leandro Creek, an expensive dam having been built and an artificial lake of a large area created. I am not aware of any specific cause of complaint on the part of the public as to the policy of the company, but I believe it to be a sound principle in municipal government that every city shall own the water-supply upon which the people depend. "During the last year the water question has been fully discussed in San Fran- cisco, and the Calaveras scheme (the most important debated) bears a striking simi- larity to the plan followed here. In both cases reliance is had upon catchment water, and the arguments for and against the plan are as pertinent here as they were in our sister city. "It may be wise to delay public action on the water question for several years. The supply on the peninsula of San Francisco will soon prove inadequate, and it seems probable that recourse will be had to the lakes and streams of the Sierras. Sacramento, Stockton, and Oakland are in the line of the grand acqueduct that would be constructed, and it might be advantageous for these cities to share the expense 658 History of Alameda County, California. with San Francisco, and participate in the benefits. The supply will be practically- inexhaustible, and, though the population around the bay of San Francisco may be enumerated by millions, there never need be scarcity of this necessary article." In concluding this subject it may be stated that the water-works of the city of Oakland are still in the womb of futurity. But to return to the doings of the year 1866. On April 25th privilege was granted to W. S. Learing & Co. to erect a soap factory within the city limits. On the 8th August we find the Police Judge complaining of the smallness. of the emolu- ments of his office. The yield for the first three months was but two hundred and three dollars, or about sixty-eight dollars per month. The Judge in his report says: "No one can complain of the amount of labor the duties require, but the oflfice, in con- templation of law, having always to be open, necessarily confines the Judge so closely that to do any other business is out of the question, unless he employs a clerk to take care of the office in his absence. * * * You will at once perceive that the emolu- ments of this office are wholly insufficient to cover one's actual expenses." This sub- ject having been referred to a committee consisting of Messrs. Barstow, Wilcox, and Shattuck, they reported August 22d, that the Act establishing the Police Court contem- plated the allowance, by the Council, of a sufficient sum out of the city Treasury to make (added to the receipts of the office) a reasonable salary. That it is in the power of the Council to fix such sum as may be thought proper, as a monthly salary for that officer, but the salary of the Police Judge should depend in no way upon the fees of his office. On August 29th his salary was fixed at a hundred dollars per month. On the 17th of October Mayor Dwinelle and Aldermen Gibbons and Shattuck were appointed a committee to receive and entertain the Directors of the Agricultural, Mining, and Mechanical Arts College of California, while on their tour in quest of a location for the same. In the latter end of March, 1866, the Jackson Guards of Oakland were organized; while in the Legislature in that year there were passed, in connection with the city of Oakland, the following bills: An Act to establish a Police Court in the city of. Oak- land and define its jufisdiction; duties and fees of Court and its officers. To have a Judge, Clerk, seal; to have jurisdiction in petit larceny, assault and battery, breaches of the peace, violation of city ordinances, city taxes, sums of money less than three hundred dollars, bonds, recovery of city property, license, etc. An Act in relation to the city Courts of Oakland; Mayor no longer to exercise power of justice. The Police Judge shall have power to hear cases for examination and may commit and hold offenders to bail. An Act granting to R. J. Vandewater, his associates, their successors or assigns the right to construct, maintain, and operate a railroad in certain streets of the city of Oakland. On Second, Fourth, Eighth, Twelfth, and Market Streets, including Twenty-eighth to the San Pablo Road, to the city limits. An Act to grant the Oakland Railroad Company the right of way for a railroad track in the city of Oakland and Alameda County, and to run horse-cars thereon. The Oakland Railroad Company, a corporation incorporated in 1861, to have right of way to run horse-cars from end of Broadway to Temescal Creek, and thence to the grounds of the College of California, for thirty years. The improvements made during the first six months of the year 1866, in the Oakland Township — City of Oakland. 659 northern portion of Oakland, far exceeded that of any other part of the city during the same period. Between Market and Clay, and between Twelfth and Sixteenth Streets, a village had sprung up, streets opened, and shade-trees planted along the sidewalks, where twelve months before naught was but a strawberry-patch. The north side of Fourteenth Street had been built upon pretty extensively by this time, while a proper spirit moved the citizens everywhere to improve thoroughfares and surround- ings. There was one drawback, however, which was keenly felt, and that the want of proper communication between Oakland and the County Seat at San Leandro, the means of reaching that point then being, as described by a writer of that period, as follows: "Starting from Broadway on the Oakland Ferry Railroad and thence to the Point: stepping on board the Washoe, the traveler is soon landed at the wharf at San Francisco, where he changes cars, or boats, transferring himself and other bag- gage CO the steamer Alamed'a. At the expiration of another voyage on the briny deep, subjected to all the dangers of storm and sea-sickness, the pilgrim is heaved ashore at Alameda Wharf, where he tumbles himself into a train waiting his arrival. Another journey by rail and he finally arrives at the Land of Promise, after using up three or four valuable hours of time." At this time Oakland was coming into note as a ship-building port. In July Captain Birdsall had a one hundred and fifty ton schooner on the stocks, at the foot of Franklin Street, with another vessel contracted for. In this year, too, the wooden building belonging to F. K. Shattuck that stood at the corner of Broadway and Eighth Street, was removed, and a new brick block, fitted up with capacious stores, built; so many were the improvements in this year that it is utterly impossible for us to enumerate them all, but it may be mentioned that their cost is estimated at the sum of six hundred and fifty thousand dollars. In 1866 the Oakland Mills com- menced running; and on September 5th the Oakland Homestead Association had started with a capital stock of fourteen thousand dollars, and Elijah Bigelow, T. B. Bigelow, and W. W. Crane as Trustees. In this year, too, a steamboat, one hundred and sixty feet in length, thirty-three in breadth, and six feet depth of hold, was built by Small & Spier, at the foot of Franklin Street, which would appear to have been the building-yard "for vessels, about twenty years ago. On the evening of November i, 1866, the Empire Brewery, owned by John Gil- more, was destroyed by fire, while the house of Mr. Ironmonger, situated near the brewery also caught The News says; "This house was the first house ever built in Oakland. It originally stood on Broadway, near the wharf Mr. Carpentier built it when he first settled here. The year 1866 may be summed up as an eminently prosperous one for Oakland, and one in which she established herself beyond a peradventure in the upward march of progress. 1867. — From the official records we learn that on March 23, 1867, the appropria- tion of one hundred dollars per year for reporting the proceedings of the Council was withdrawn from the Oakland News. On the 27th April the following salaries were fixed: Marshal, one hundred and twenty-five dollars per month; Clerk and Treasurer, one hundred and twenty-five dollars per month; City Attorney, fifty 660 History of. Alameda Coum-y, California. dollars per month, which was raised to one hundred dollars on May 2Sth. On May nth an ordinance, having for its object the protection of birds, was passed; and on June 22d subscription to the Oakland Daily Nezvs was authorized for the purpose of filing.* Upon the death of Police Judge Watson, July i8, 1867, the following resolutions were unanimously adopted by the City Council : — Whereas, It has pleased Almighty God in His wisdom to remove by death Nokman Watson, the late Police Judge of this city. Resolved, That in the death of Judge Watson his family have lost a kind and affectionate husband and father, the city a faithful and efficient officer, and society an upright citizen and an honest man. Resolved, That the members of the Council attend in a body the funeral of the deceased, and that the other officers of the city government be invited to join them in manifesting their respect to his memory. Resolved, That the Clerk deliver to the family of the deceased a copy of these resolutions. On October 19, 1867, an ordinance regulating hacks was passed; while, November 2d, the following proceedings were had: — Resolved, That the thanks of the Council are due to the Hon. W. W. Crane, Jr., whose resignation of the office of Mayor of the city of Oakland has just been received, for the faithful manner in which he has discharged the duties of his office, and especially for the assistance he has rendered the Council in the management of the aifairs of the city ever since his election to said office. That our best wishes will follow him wherever he may go, and v\c shall heartily welcome his return among us. On the same date Doctor Samuel Merritt was elected to the Mayor's chair in place of Mr. Crane. Once more in the year 1867 have we to record the death of one of Oakland's public servants, in the person of Alderman Anderson. At a special meeting of the body of which he was a member, convened on the nth November, the following appropriate resolutions of condolence were unanimously passed: — Whereas, By the dispensation of Divine Providence one of the members of this Council, Andrew Ander- son, has been removed from our midst. Resolved, That by the sudden death of our brother we are reminded of the uncertainty of life, and are admon- ished to a faithful and conscientious performance of our duties as members of this Board, that our record may be as fair as his whose loss we deplore. Resolved, That the members of the Council attend the funeral of the deceased in a body, and that the other officers of the city government be invited to join us, as a mark of respect to his memory. . Resolved, That the Clerk be requested to present to the widow of deceased a copy of these resolutions. On November 16, 1867, Mr. Moody offered a resolution to the following effect: That a committee of three be appointed to consider the propriety of a consolidation of our city and county, and that said committee be empowered to consult with citizens in such manner as they may deem proper. The object of this movement was to embody the city of Oakland and such other territory as might be fixed upon into a consolidated city and county of Oakland, similar to that which obtains of San Fran- cisco, but the matter rested until 1874, when the scheme once more commenced to attract attention, but nothing would appear to have come of the proceedings. In the year 1867 the propriety of erecting a City Hall first was brought to the notice of the public by Mr. Hobart, at a meeting of the corporation held December 2 1 St, when the following resolution was offered: — * These files were lost in the fire which destroyed the City Hall in August, 1877. Oakland Township — City of Oakland. 661 Resolved, By the City Council of the city of Oakland, that it is the sense and judgment of the people of this city that a suitable site be immsdiately secured for the erection of a City Hall. The ayes and noes being called on the passage thereof were as follows : Ayes — Messrs. Moody, Miller, Hobart, Wilcox, Campbsll, and President Pendleton; Noes — None; so the resolution was adopted. Mr. Wilcox then offered the following resolu- tion : — Resolved, That in the judgment of the City Council of the city of Oakland the time has arrived when the city should have a lot on which to build a City Hall. Would recommend that a committee of three be appointed to select a lot and ascertain the cost and report at our next meeting. Which was adopted. The chair then appointed Messrs. Wilcox, Hobart, and Miller as such committee, and on motion of Mr. Mood}- they were instructed to look for a site north of Twelfth Street and west of Broadway. This committee on December 28th presented "An Ordinance for the Purchase of Land for a City Hall and to pro- vide for the Payment thereof," which, on being put to the vote, was lost. Mr. Moody then offered the following resolution : — r Resolved, That Captain Wilcox is hereby requested to purchase the lot of land offered by E. Bigelow, Esq., and hold the same in his own name, with the privilege to the Council to purchase the same for " City Hall at any time before April i, 1869, at the price of seven thousand five hundred dollars, at one and one-quarter per cent, interest per month, with incidental expenses added thereto.'' Which was adopted. Then, on January 4, 1868, at another meeting of the Common Council, Mr. Moody stated that Mr. Potter had offered to the city a piece of land for a City Hall, at the head of Broadway, for the same price per square foot as was asked by Mr. Bigelow for his tract. He therefore moved that the resolution passed at a preceding meeting in regard to purchase of Bigelow's tract be rescinded, which was carried. Mr. Hobart then offered the following resolution: — Resolved, That Captain 1'. S. Wihox be invited to purchase the land bounded on the southwest by the San Pablo Road and on the east by a continuation of the west line of Broadway, measuring on the said eastern line three hundred and fifty feet; and thence at right angles from the same to the San Pablo Road, and hold the same until the fifteenth day of April next, subject till that time to the refusal of the city, interest to be reckoned at one and one-quarter per cent, per month. This did not meet the views of some of the Council, therefore the following was offered by Mr. Moody as a substitute: — Resolved, That a committee be appointed to examine and ascertain what amount of property will be required from Mr. Potter's lot for City Hall purposes, and report at a future meeting of the Council. The ayes and noes, being demanded on the adoption of this substitute, were as follows: Ayes — Messrs. Moody and Miller; Noes — Messrs. Hobart, Wilcox, Campbell, and President Pendleton; so the substitute was lost. Mr. Moody then moved that the whole matter be laid over. The ayes and noes being called on the adoption thereof were as follows: Ayes — Messrs. Moody and Miller; Noes — -Messrs. Hobart, Wilcox, Campbell, and President Pendleton; therefore the motion was lost. The question of the adoption of the original resolution offered by Mr. Hobart was then put, and said resolution adopted. On January loth the following resolution was adopted by a vote of seven to none : — 662 History of Alameda County, California. Whereas, The City Council of the city of Oakland, believing that the interests of the city and the voice of a majority of the voters thereof demand the erection of a City Hall and the purchase of a suitable site therefor, have selected the point of land in said city bounded as follows: Beginning at the junction of Fourteenth Street and the San Pablo Road in said city, and measuring on said Fourteenth Street, westward, four hundred and twenty-two feet, one and one-quarter inches; thence northerly, parallel with Clay Street, two hundred and seven feet six inches; thence following the south line of Fifteenth Street two hundred and forty-three feet, nine inches, to said San Pablo Road; thence along said San Pablo Road two hundred and seventy-three feet, six and one-half inches, to the place of beginning; containing about seventy-eight thousand, six hundred and two square feet, at a 'cost of seventeen thousand dollars, as the most eligible and central point, and have made arrangements to have the same conveyed to certain parties in trust for the city, provided, the same be paid for on or before the 1 5th day of April next, and Whereas, It is inexpedient and oppressive, at the present time, to raise the necessary amount by a tax for that purpose; therefore Resolved, That our Senator and Assemblymen be requested to use their influence in passing a proper Fund- ing Act at the present session of the Legislature, to enable said City Council to erect a City Hall and to purchase the aforesaid land. On March 19, 1868, an Act authorizing the City Council to purchase land and erect a City Hall was passed by the Legislature, and directed the issuance of bonds therefor, and on March 30th Captain Wilcox presented the Deed of Conveyance for the land, when a committee was appointed to prepare plans and specifications. Not much would appear to have been done in the matter for the first two or three months. However, on August 3, 1868, the following preamble and resolutions were offered by Alderman Miller and adopted by the Council. Whereas, It being desirable that the best possible plan for a City Hall should be adopted; one 'that would enable us to expend the small amount we now have in hand — thirty thousand dollars — for this purpose in such a manner as will give us a good and complete building for our present necessities; one that should be a credit to the city in finish and convenience, complete in itself, and yet shall be so designed as to be but part of a building that shall be the pride of a great city and an enduring monument of the foresight of our government; and Whereas, It is only by public competition that the best designs can be obtained, and by an intelligent com- mission that the best selections can be made from the designs; therefore Resolved, That one thousand dollars be and is hereby offered for plans and designs for a City Hall; that is, five hundred dollars for the first best plan, three hundred for the second, and two hundred for the third best plan, said City Hall to be erected upAn the City Hall lot, at the junction of Fourteenth Street and San Pablo Road, said plans and designs to be for the best building that can be erected for thirty thousand dollars, with a view to future enlargements, either in parts or as a whole, so as when completed to be a City Hall at once thoroughly convenient and an ornament to our city, that shall cost not more than two hundred thousand dollars, and that the part now first to be built shall be sufficient for present necessities and to be complete in itself, and each design and plan shall be accompanied by specifications and estimate of cost; the successful bidder shall make such changes in his plans as may be required, without cost and above his percentage of five per cent. The successful bidder shall be the architect, and the premium for his plans be deducted from his percentage of five per cent. ' Resolved, That a commission composed of Messrs. Ed. Tompkins, Ed. Gibbons, J. B. Felton, D. H. Bacon S. B. McKee, George C. Potter, and the Mayor, be appointed to receive and examine such plans, specifica- tions, and estimates, and to report to the Council that which in their judgment is the best for adoption. On August 24th the plans of Olney & Barnes were chosen; while, on the Sth October, James N. Olney, Jr., was employed as architect and superintendent of the building. Some hitch now followed in the perfecting of arrangements, for, it appear- ing that the total cost of the building would be much higher than anticipated, an attempt was made to postpone indefinitely its commencement. This movement, however, failed, and finally resulted in the rescinding of nearly all propositions hitherto passed on the subject. On the 19th October a communication was received from the Oakland Township — City of Oakland. 663 committee named above, recommending the adoption of the plan of Bugbee & Son, which, on being placed in the form of a resolution, was carried, and all bids that had hitherto been received for building being rejected, Mr.Olney was retained as architect and superintendent. On October 31st the contract for the mason work was awarded to J. S. Emery, at eleven thousand seven hundred and eighty-four dollars, and that for joiners' work to F. L. Taylor and J. V. B. Goodrich, at twenty-three thousand nine hundred and sixty-five dollars. Meanwhile the erection progressed, and direc- tions were given for its occupation after January i, 187 1. In connection with the subject of the City Hall we may here mention that death had carried off the architect and superintendent, therefore, at a regular meeting of the City Council, held April 3, 1871, the following resolutions were introduced by Mr. Havens: — Whereas, It hath pleased Almighty God, in his good providence, to remove from our midst by death James N. Olney, Jr., who had been intimately connected with the Council of the city of Oakland in the con- duct of its public affairs, therefore be it Resolved, That we mourn the loss of our departed friend as one who had endeared himself to us as a gentle, man in the truest sense of the word, a man ever considerate of the feelings and rights of others. Resolved, That in the discharge of his duties to this city in his official capacity, his earnestness and honesty were conspicuously apparent, and often was his zealous faithfulness evinced at the expense of his failing health. Resolved, That these resolutions be spread upon the minutes of the Council, published in all the newspapers of the city of Oakland, and a copy of the same sent to the family of the deceased. On the evening of Saturday, August 25, 1877, ere the debts had been paid upon it, the City Hall fell a prey to the devouring element. In little more than an hour the entire building was laid in ashes. On the 27th the City Council met at Armory Hall, and passed resolutions respecting the obtaining of suitable rooms for holding their meetings; the procuring of the bell of the Presbyterian Church to strike the fire alarm; the adjusting of the insurance on the building; thanking the citizens of Oak- land for their exertions in saving the public archives; and offering a reward of one thousand dollars for information leading to the arrest and conviction of the incendiary or guilty parties who fired the building. The Council thenceforward met at No. 1 2 1 7 Broadway, in a rented room, while steps were at once taken for rebuilding. Plans were adopted; the construction was put under the superintendence of Eli Strong, while Doctor Merritt tendered a clock to be placed in the tower, and the result has been the present elegant structure, of which the city may well be proud. On August 19, 1867, the Oakland Bank of Savings filed its articles of incorpora- tion, the first directors being W. W. Crane, Jr., A. C. Henry, E. M. Hall, Samuel Merritt, and P. S. Wilcox. The capital stock was set down at one hundred and fifty thousand dollars, divided into fifteen hundred shares of one hundred dollars each. On the 2d of October, the Daily 'Morning Herald, published by W. D. Harwood^ made its appearance; its career was short; it died on December iSth; while, on the 22d of the same month, much excitement was created by the murder of Officer Rich- ardson while in the execution of his duty. On December 22d, 1867, Oakland and its vicinity was visited by a severe storm, that did considerable damage, uprooting trees, and creating sad havoc among the craft anchored in the San Antonio Creek. 1868. — The first item that we find in the records for the year 1868, is the resolu- 664 History of Alameda County, California. tion of the Council not to grant permits for the erection of wooden buildings wit in the fire limits, passed January i8th, and, on the 25th, we have the following mmu e, which explains itself: "Mr. Hobart rose to a question of privilege in regard tea certain article published in the San Francisco Evening Bulletin, and presented an affidavit, setting forth that Mr. W. G. Moody was the author of said article, where- upon Mr. Campbell offered the following resolution: — Whereas, A communication was published on the i6th day of January, instant, in the San Francisco Evening Bulletin, and headed " Oakland Taxation," charging upon a member of this Council dishonest, selfish, and reprehensible conduct in his official capacity, and Whereas, It is proved to the satisfaction of this Council that the said communication was written by W. G. Moody, a member of the Council; therefore. Resolved, By the City Council of the city of Oakland, that the conduct of the said W. G. Moody in publishing the aforesaid communication is deserving of censure and rebuke. On February 17th his Honor, the Mayor, stated that the meeting had been called at his request, that an invitation be extended to the Governor and Legislature to visit Oakland and view the different State institutions located here, whereupon Mr. Moody offered the following resolution : — Resolved, By the Council of the city of Oakland, the Mayor concurring, that the Governor, State officers, members of the Senate and Assembly, and the officers and attaches of the Legislature, are cordially invited to visit the city of Oakland on the anniversary of Washington's Birthday, Saturday, February 22, 1868, to exam- ine the site selected for the State Agricultural and Mining College, for the Deaf, Dumb, and Blind Asylum, and the site and surroundings of the proposed S.tate University, and to partake of the hospitalities of the city. Resolved, That the City Clerk be and is hereby instructed to make certified copies of this resolution and transmit the same to the Capital to be presented to the two houses of the Legislature on the morning of Tuesday, February iSth. These being unanimously carried, Mr. Hobart then made the following proposi- tion: — Resolved, By the Council of the city of Oakland that the Mayor of the city be requested to invite the officers and persons indicated in a resolution passed this day (except the Legislature) and such other guests as he may desire to attend. Resolved, That the citizens of Oakland be invited to co-operate with the Mayor in placing their horses and carriages at his disposal, and otherwise rendering every assistance in their power, that the visit of our guests may be creditable to the people of the city. Resolved, That these resolutions be ordered printed in the Oakland News, when it is ascertained that the Le^^islature accept our invitation. Carried nent, con. Mr. Campbell, on behalf of I. H. Brayton, offered the use of the College School hall on the occasion; while. Doctor Merritt and Messrs. Hobart and Wilcox were appointed a Committee of Arrangements. On September 14, 1868, permission was granted to the Democratic club to erect a liberty-pole on Washington Square On March 10, 1868, a large and enthusiastic meeting was held in Shattuck & HiUegass' Hall, for the purpose of ratifying a proposition to grant a portion of the water front of the city to the Central Pacific Railroad for terminal purposes. While the Fourth of July was being celebrated in Oakland in this year, the festivities were much marred by a distressing accident at the ferry-landing, when twenty people were drowned. Who among the old residents is there that does not remember the 21st of Octo ber, 1868, the morning of the great earthquake, the tales of which are rife even to thT i.*K;**fii5(W i Oakland Township — City of Oakland. 66S day. The shocks occurred as follows: 7:54 A. M. very heavy — direction, northeast,, east and southwest, a rolling motion. Almcst like a continuation of this came a whirling motion; 8:26, slight shock; 8:44, heavy shock, with rolling motion; 8:47, slight shock; 9:11 slight shock; IQ:IS, heavy shock, with rolling motion, and up and dowflf movement; 3:12, slight shock; 3:17, slight shock; 4:08^ double shock, up and down. It is said there were thirty-two shocks in all during that day, but these mentioned above were especially noted. In comparison to the desolation sustained in the neighboring towns Oakland did not suffer much damage. The casualties in crockery and glass ware were very great, and many chimneys were laid low. Portions of the wharves were carried away in some instances, while walls were cracked in almost every house, and deep excitement reigned supreme in every household. Among the Legislative Acts connected with the city of Oakland, passed in the year 1868, were: An Act to enable the city of Oakland to issue bonds to purchase lands and erect a City Hall. An Act to enable the city of Oakland to settle its land controversies. An Act constituting the Mayor of Oakland a Commissioner for appraising land granted to Terminal Pacific Railroad — one hundred and fifty acres. An Act concerning the Oakland Railroad. An Act authorizing bonds to pay judgments against the city of Oakland. An Act to change the name of the Congregational Church to the First Congregational Religious Society of Oakland. 1869. — In his message of March 15, 1869, Doctor Merritt says: "In November, 1867, I was elected Mayor by the City Council to fill the vacancy 'created by the res- ignation of Mayor Crane. In the following May I was re-elected Mayor for the municipal year just closed. During this time events have transpired of vital interest to the future welfare of Oakland. The water-front controversy — of sixteen years duration — has been satisfactorily adjusted and the terminus of the Western Pacific Railroad has been secured. The market value of real estate within the city limits has advanced more than one hundred per cent.; many substantial brick buildings have been erected to accommodate increased business, and the rapid ingress of population has resulted in the construction of many elegant mansions and tasty villas in various parts of the city. Water has been introduced from the Coast Range of mountains; streets have been graded and macadamized; wharves have been built and the general appearance of the whole city has been vastly improved. "The advantages which Oakland possesses in geographical position, salubrity of cliinate, fertility of soil, and beauty of scenery are beginning to be appreciated. The natural grade is so level that broad streets and avenues can be constructed and a per- fect system of sewerage established at the smallest possible expense. Being within seven miles, or thirty minutes, of San Francisco— the great commercial metropolis of the Pacific Coast— gentlemen are enabled to attend to business in that cit)^ at the same time reside in Oakland, where their families can enjoy a climate mild and salu- brious at all seasons of the year, with scenery unsurpassed in beauty and variety. The climate of. Oakland is not only healthy but exhilarating. The Coast Range of mount- ains, so formed that the cold northwest winds which prevail during the summer months, draw in through a tunnel-shaped opening upon the city of San Francisco, 43 666 History of Alameda County, California. with great force, but as soon as this strong sea-breeze strikes the bay it spreads out like a fan and loses its strength and chilly coldness. At the same time the warm rays of the sun falling upon the sandy soil of Oakland, rarefies the atmosphere and lifts these summer winds from the earth's surface, thus, these strong winds and dense fogs that prevail in San Francisco at certain seasons of the year, seldom reach Oakland; they are either killed or much modified by the same natural causes. The statistics of the Health Officer relating to the recent epidemic of small-pox, show conclusively that there is nothing in the climate or soil of Oakland to feed an epidemic. The soil is sandy and there is but little or no vegetable decomposition in the vicinity to generate malaria. " For many years Oakland has taken the lead on the Pacific Coast in the number and rank.of educational institutions, and within the past year the State University has been located at Berkeley, a suburb of this city, which establishes her position per- manently as the educational center of the State. The securing of the terminus of the Western Pacific Railroad promises to result in the dredging of the bar and converting the San Antonio Creek into a basin five miles in extent, capable of receiving ships of ordinary draught, at any stage of tide, which, in my judgment, is all that is required to elevate Oakland to a prominent commercial position. " At the time of the settlement of the water-front controversy, two reservations were secured. " The arm of the San Antonio Creek north of the Oakland Bridge was dedicated perpetually for a public lake. Since then a dam has been constructed near the bridge at a cost of at least twenty thousand dollars, converting this branch of the creek into a beautiful lake. A road sixty feet in width and four miles in extent is now being built around the border of the lake, which, when completed, will be one of the most inviting drives in California. Not less than half a million of dollars has been added to the value of property by this limited expenditure of money, and at no dis- tant day this lake and road will become one of the most attractive features of Oak- land. "The second reservation is for a public landing, and embraces that part of the water front lying between the middle of Webster and the middle of Franklin Streets, .-and extending southerly to a line parallel with Front Street, and two hundred feet -southerly from the present wharf according to the official map of the city, with the rights of dockage, wharfage, and tolls. Soon after it became known that the above •.described property had been reserved for the city, certain parties attempted to take possession under a pretended lease to the San Francisco and Oakland Railroad Com- pany. I at once caused their arrest and had the lot inclosed for the city. Subse- quently the railroad company instituted suit to quiet title to the property in question, claiming that the City Council had granted this property to the said company for a ' marine railway and wharf The City Attorney set up in answer to said claim that the city had no authority under the charter to lease, sell, or in any manner dispose of city property except by public auction to the highest bidder; that said pretended lease was conditional, and that none of the conditions had been complied with. " On the first day of the present term of the Third Judicial District Court, Judge McKee rendered his decision against the said railroad company and in favor of the city of Oakland." Oakland Township — City of Oakland. 667 In the month of July, 1868, small-pox made its appearance in Oakland as an epidemic. For some time prior to this it had been spreading in San Francisco with fearful results. The Council at once passed an ordinance creating a Board of Health and vested the same with full powers to do everything possible to prevent the spread of this loathsome malady. The Board workedwonders. Under an arrangement with Alameda County, represented by F. K. Shattuck, Supervisor from Oakland Town- ship, the cost of procuring a pest-house was to be equally divided between the city and the county, and the expense of maintaining the same was to be paid in propor- tion to the number of patients, the pest-house being purchased and maintained for city and county purposes. This department is one of the most useful in the city gov- ern rhent. At a special meeting of the City Council held April 13, 1869, for the purpose of expressing their sentiments at the loss of so prominent and esteemed a citizen as the Rev. I. H. Brayton, a Committee consisting of Messrs. Campbell, Little, and Spauld- ing was appointed to draft the following resolutions, which were unanimously adopted : — Whereas, Our Heavenly Father in his all-wise but inscrutable providence, has seen fit to call from among us one of the most prominent and most useful citizens of Oakland, Rev. I. H. Brayton, therefore Resolved, That this Council deems it fit to give expression to the public grief at the death of Professor Brayton, by bearing testimony to his upright Christian character, his pure life, his admirable courtesy, his untiring energy, his fine public spirit, his rare wisdom, and his self-sacrificing devotion to the great interests of education. Resolved, That this Council attend in a body the funeral of our lamented friend and fellow-citizen. Resolved, That these resolutions be published in the daily papers, and that a copy of them be presented to the bereaved family, to whom, in their sore affliction, we tender our heartfelt sympathy. In the year 1869 there was formed the Oakland and Encinal Turnpike and Ferry Company, an association of residents in what is now the town of Alameda, who were desirous of some cheap and expeditious communication with Oakland, so that they could make their purchases there instead of in San Francisco, and in order that they could have the benefit of the Oakland day and night boats. They proposed a turnpike to the edge of the creek and a ferry across, using during the pleasure of the Council a space for a landing at the foot of Franklin Street, not exceeding forty feet in width, sub- ject to such conditions of avoiding any obstruction to the navigation as might be proper. The design was, in short, to make the communication as cheap and expeditious as prac- ticable so as to be for the mutual benefit of the merchants and business men of Oak- land and the residents on the Encinal. The stockholders of the company did not anticipate any profit upon the money expended except as it might promote their con- venience and indirectly benefit their property. They were willing to raise the money if the Council would allow them a place for the landing. The names of the gentlemen who were interested in the scheme were, E. B. Mastick, Charles Baum, Thomas Davenport, H. H. Haight, Charles Meinecke, Charles Minturn, B. H. Ramsdell, Henry Vrooman, and C. H. King. Their prayer was granted, May 24th, and on the same date an ordinance was passed in accordance therewith, but it was afterwards vetoed by the Mayor and sustained by the Council, referred back to the Ordinance and Judiciary Committee, and, on their recommendation, finally became law June 21, 1869. In the year 1869 the great Overland Railroad had joined the Atlantic and Pacific 668 History of Alameda County, California. Oceans, and all rejoiced in the accomplishment of so great a feat, but scarce had the echo of the rcverLcrating cannon announcing the fact died away amid the canons of the Contra Costa Range than the entire community was cast into gloomy grief by one of the saddest railroad accidents that ever has occurred on this coast. The sad event is thus graphically portrayed by the Alameda County Gazette: " The most frightful railroad accident that has ever occurred in California was that of Sunday morning last (November 14, 1869), between the Alameda-bound train on the Alameda Railroad and the Eastern-bound train on the Western Pacific Railroad, about three miles below San Leandro. About half an hour after the train left the place (San Leandro) a young man named Spear, came dashing into town on horseback and announced the catastrophe. A freight train with two locomotives attached was standing on the side- track at this station, awaiting the arrival of the Eastward-bound train. The Conduc- tor of this train was immediately informed of the disaster, and the telegraph operator sent the news to head-quarters. The engineers did not dare to leave the station with- out orders. The news had spread like wild-fire through the town, and but a few moments elapsed ere every conveyance, public and private, was engaged to convey the anxious inhabitants of San Leandro to the scene of the accident; and the railroad track was lined with pedestrians. who were unable to get conveyances. The scene presented upon our arrival beggars description. The wrecked trains, with their engines and cars smashed and shivered, the groans and shrieks of the wounded, the mutilated remains of the dead, the tumult and confusion of those who were endeavor- ing to render assistance, combined to make the picture horrible in the extreme, and indelibly impress it upon the memory of every beholden The Alameda train con- sisted of the locomotive F. D. Atlierton, one box-car, three passenger-cars, smoking- car, and one express and baggage car. The Western Pacific train consisted of the locomotive Sonoma, two express and baggage cars, smoking-car, two passenger-cars, and one sleeping-can The Alameda train passed San Leandro Station nearly on time (8:45), and was due at Simpson's, the junction of the two roads, at 8:55. The Eastward-bound train of the Western Pacific Railroad left Oakland Wharf at 8:30, and was also due at Simpson's at 8:55. " At the time of the accident the sun was shining brightly at San Leandro, but in the direction of Alameda could be seen a heavy bank of fog, which, at the scene of the accident, was said to be so dense that objects could not be distinguished at fifty yards. The Engineer of the Alameda train, the only living witness who can speak understandingly of the subject, saw the Western Pacific train approaching. To pull the whistle, shut down breaks, was the work of an instant, and having done so, he shouted to the fireman to jump for his life, and then leaped from the engine. He struck the ground, rolled over two or three times and then heard a terrible crash; the two engines had smashed into atoms and for a moment he was enveloped in the scalding, escaping steam. Then came the groans and shrieks of the wounded, the agonized cries of the mangled and torn sufferers, and hasty exodus of the affrighted who were uninjured. Two cars were 'telescoped ' on each train; one run into and through the other like the shutting of a spy-glass, or telescope. The telescoped cars of the Western Pacific train exhibited a more terrible sight. In one end of the car were some sixteen men, most of them dead — all of them injured — ^jammed and tangled Oakland Township — City of Oakland. 669 with a mass of sticks, splinters, and iron. The work of breaking away the outer shell of the car seemed terribly slow to the sympathizing laborers, and doubly so to the poor sufferers within, to whom the interv^al between the rapid blows of the deliverers' axes seemed as an age to their moments of agony. But two persons were killed on the Alameda train — the fireman, Martin, and one passenger. The noise of the crash attracted people to the spot from the neighboring farms and dwellings, couriers were dispatched for axes and other implements to clear away the wreck, and telegrams were sent to the nearest stations. Those who were present immediately set to work with all their might and energies to extricate the passengers from the ruins." Those who were thus suddenly launched into eternity were: John D. McDonald, Roadmaster on the California Pacific (Vallejo) Railroad; Max Ehrman, a merchant at the Mission San Jose; George Thompson, fireman on the Western Pacific train'; Charles Martin_ fireman on the Alameda train; James Conley, a farmer residing at Corral Station, Livermore Valley; Ritchison Peterson, identified by papers in his pockets. Identified as a member of Wildey Encampment, No. 22, I. O. O. F., San Francisco; David Wand, dry-goods merchant, San Francisco, and brother-in-law of Ehrman; Judge Alexander W. Baldwin, known to his friends as " Sandy" Baldwin, Judge of the United States District Court of Nevada; Edward Anderson, engineer on the Western Pacific train; Arsene Boulet, French Private School, corner of Fifth and Franklin streets, Oakland; Bunce H. Fox, identified by his ticket; Frank B. Millikin, brake- man on the Western Pacific train; J. P. Lowell, of Sacramento, cattle-dealer; taken from the wreck alive, but died of his injuries; Thomas F. Sandoz, a native of Natchez, Mississippi, aged forty-eight years. Of the wounded, most of whom were taken to Doctor Trenor's hospital in Alameda, there were: Seth Bromley, pilot of the Stockton boat, right ankle terribly shattered, rendering amputation necessary below the knee; J. R. Helens, of San Francisco, left leg, hand, and foot bruised; James F Kapp, for- merly proprietor of the Gazette, head and right leg bruised; Simon Meloche, of San Francisco, hip dislocated, with a number of contusions; Thomas McNulty, San Fran- cisco, fracture of the fibula and bruises, able to be sent to his residence; G. Leighton, Rocklin, Placer County, leg broken; Philip Ruby, Stockton, shoulder dislocated and severely bruised; Noel Langton, an employ d on the Western Pacific Road, both legs broken; Patrick Mehan, San Francisco, leg bruised and severe internal injuries; E. F. Fitch, Cosumnes, school-teacher, leg broken; Joseph L. Perkins, employe on the Western Pacific Road, badly injured internally; C. E. Needham, of Banta's Station, leg broken; S. M. B. Haly, San Francisco, injured internally; Judge William Camp- bell, of Nevada, leg broken; Robert McLaughlin, brakeman on the Alameda train, seriously injured; Robert Owens, conductor on the Alameda train, seriously injured; Johri L. Beard, Mission San Jos^, foot badly injured; T. W. Finlayson, teacher at Washington Corners, leg badly injured and face cut; J. J. Hill, of San Francisco, injured in one of hips, and hands, having been thrown up into the car at a distance' extending over five seats; J. H. Downer, wounded in the head; Wells, Fargo & Go's, messenger, badly hurt; M. L. Taylor, of Chicago, bruised. Two Chinamen were badly bruised. " It is a pleasing duty to record the noble and heroic conduct of the women residing in the vicinity of the accident in assisting to alleviate the sufferings of the 670 History of Alameda County, California. wounded and in rendering those delicate, attentions that woman's hand alone can render. They contributed libera:lly of linen, lint, and bandages, assisted the surgeons in their nerve-trying duties, and their noble efforts relieved many a sufferer who will forever remember them with gratitude and thanks. One lady, a passenger on the Western Pacific train (whose name we did not learn), rendered signal assistance in attending to the wounded. As soon as they were taken out, she tore up her linen skirts to make bandages and was unremitting in her attentions, accompanying the wounded to Alameda." But why pursue the heart-rending theme; sufifice it to say, a Coroner's inquest was held upon the bodies of the deceased and a verdict was rendered in accordance with the evidence which went to prove that the main cause of the catastrophe was the ignorance and incompetency of Bernard Kane, the switchman employed at Simp- son's Station, a man that could neither read nor write. On receipt of the intelligence Oakland was thrown into a state of the most intense excitement, and the dire calamity was canvassed on every side. On Tuesday, the 1 6th, several of the dead were buried in Oakland. The funeral of Judge Baldwin took place from the residence of his brother-in-law, the Hon. J. B. Felton, and was attended by the Masonic Fraternity and members of the Bar, while, on the 15th, the City Council passed the following resolution of condolence: — Whereas, In view of the great calamity which occurred yesterday, the 14th instant, in the collision of pas- senger trains on the railroad a few miles south of the city, involving death and injury to many persons, which has brought mourning to the homes of several of our own citizens, including that of his Honor, the Mayor, therefore be it" Resolved, That this Council do adjourn in token of respect to the sufferers. The remains of Monsieur Boulet were temporarily placed in the old cemetery on Webster Street; while those of Bronson H. Fox, of Illinois, were buried in Mountain View Cemetery by the Masonic Fraternity. Among the events of general interest that occurred in the city of Oakland dur- ing the year 1869, was the opening of the Union Savings Bank, with A. C. Henry as President, on July ist, while, about the same time, the Mutual Provident Association of Oakland was organized, N. W. Spaulding being its President. In this year the Oakland Transcript was purchased by Col. John Scott and converted into a Demo- cratic organ; and on the 29th of October the last rail of the Pacific Railroad was laid in Oakland, and the first locomotive of the line, the Reindeer, entered the city at five minutes after ten o'clock, a. M., and passed down, with the construction train attached to it, to the Point. The first passenger through train started at half past eight o'clock, from Oakland Point, on the morning of November 8, 1869, and at a quarter before twelve o'clock two large trains from the East arrived, and at two o'clock, p. m., a long construction train passed through to the Point. The first through overland train arrived in Oakland at five minutes past five o'clock in the evening, and halting only a minute at Broadway, went rushing and shrieking onwards to the Point, amid gen- eral rejoicing. Early in the year 1869, the Toland Tract Association with a capital stock of twenty-two thousand five hundred dollars, divided into one hundred dollar shares, was organized, the Trustees being Henry Durant, Edward McLean, and Jacob Hardy, its Oakland Township — City of Oakland. 671 object being the purchase of land to be divided into lots suitable for homesteads. In the month of January, Shattuck & Hillegass' Hall was converted into a theater, and opened as such on the evening of January 25, 1869; meanwhile the enterprise of ship- building was still being kept up, there being at that time a two hundred ton schooner on the stocks at Allen's Yard at Oakland Point. In this year the Mission Church, on Second Street, was built. To give some idea of the increase of population in Oakland we can draw some facts from the Post-office returns of the year 1868. During the last week of the month of December, 1868, the number of letters received was one thousand three hun- dred and forty, while the receipts from the sale of postal money orders during that year were fourteen thousand five hundred and sixty-eight dollars and ten cents, while those cashed at the office nearly equaled that amount. It will thus be seen that to transact that amount of business and to engage in the large quantity of correspond- ence reverted to above, a large population was necessary, and that Oakland was then fast acquiring. It was a year of great prosperity. In the year 1869, the splendid Roman Catholic Church on Jefferson Street was commenced, but ere going into detail in respect to the building we will place before the reader a short sketch of the establishment of this denomination in this city. Thirty years ago a room in a private house served as a place of worship for the Roman Catholics of Oakland and nearly the whole of the present county of Alameda, a priest from the Mission San ]os6 occasionally making a visit to celebrate mass and administer the sacraments, and even these occasional visits had to be omitted during the rainy season, owing to bad roads. The first church, a building of the most mod- est description, was erected in 1853, through the exertions of a few of the congrega- tion, and for some time was the only Roman Catholic place of worship, save the Mis- sion of San Jos^, in the whole of Alameda and Contra Costa Counties. We doubt not for the ten years and more which this little building stood, many submissive hearts have knelt in deep devotion before its primitive altar, and many rebellious spirits been soothed within its sacred walls. We can almost now hear the impressive service commenced, the praises chanted, the benediction pronounced, and see the happy few return to their homes, relieved in mind, and for the present with all feuds for- gotten; indeed, it is a pleasant solace to conjecture the earlier citizens of this lovely city, though rough in exterior, still child-like in spirit, fearing the Lord, for if there is ever one time when prayer may be more beneficially asked than at another, it is when deep solitude surrounds us, when the- dark future appears to be yet more dark, when thankfulness is to be divided among a small community, and when deep love binds man and woman, youth and maiden, old and young — then, and then only, do the hardened pray with fervor and the wicked seek to be reclaimed. There was no settled pastor in Oakland until Father King was appointed to the parish, which then included San Pablo, San Leandro, and the Amador Valley, as well as Oakland, in February, 1865. Aided by Father Croke, the original building was enlarged by subsequent additions until it was capable of holding a congregation of several hundreds, but this, too, became inadequate to the needs of the population of Oakland, although several new parishes were formed in the county. In 1869 Father King determined to erect a church on a scale commensurate with the promised impor- 672 History oy Alameda County, California. tance of the city; accordingly plans were prepared for a building surpassing in dimen- sions anything in the State, though only with the intention of erecting a part of it at first, a design which has been carried out in the present structure. The foundations were laid in that year, but various causes retarded any further progress until May, 1871, when the superstructure was commenced and pushed vigorously forward. Although not completed, the church was consecrated on June 23, 1872, the dedicatory services being conducted by the Most Reverend Archbishop Alemany, attended by the Reverends Fathers Croke, Gibney, and Casedra. Let us here describe this impressive ceremonial. At eleven o'clock the Archbishop, attended by the Fathers mentioned, the last of whom bore a silver cross, all in full canonicals, proceeded through the center aisle to the entrance of the church, where a procession was formed in the following order: Archbishop Alemany, preceded by Father Casedra, who was supported on his right and left by boys in gowns and Fathers Gibney and Croke. Next came two Sisters in black, twelve Misses, in couples, dressed in white, fifty young Misses attired alike in buff-colored dresses and black aprons, twelve girls also in white, and the Saint Joseph's Benevolent Society of Oakland, in regalia, and with the elegant banner of their Society, bringing up the rear of the corti^ge. The cere- mony of consecration commenced by the dedication of the church with holy water by. the Archbishop, the procession slowly marching around the edifice and through the entrance to the sanctuary. The same rites were observed inside, the Archbishop, accompanied by the attendant priests, passing through the side aisles, around the church. The ' dedication sermon was preached by Father Hugh Gallagher, of St. Joseph's Church, San Francisco, to whom, two decades before, the Roman Catholics of Oakland were in a great measure indebted for their first place of worship. A history and description of the Church of the Immaculate Conception will be found elsewhere in this work. In this connection it should be said that mainly through the exertions of Father King the Convent of Our Lady of the Sacred Heart, located on Webster Street, near the head of Lake Merritt, was dedicated in 1868. It is conducted by the Sisters of the. Sacred Names of Jesus and Mary, and is for the education of young ladies. Sev- eral of the pupils are Protestants, nor is there any interference with their religious belief Should a girl desire instruction in the principles of Catholicity, permission must first be obtained from her parents. Parents of other modes of faith are glad to avail themselves in this country of the educational advantages offered by the Sisters, who are all ladies of the highest refinement and culture. At the academy at San Jos^ and at other institutions on this Coast, many Hebrew as well as Christian young ladies receive their education. Although, like ourself, unable to accept the peculiar dogmas of this Church, Protestants are wise enough to recognize the great moral safe- guards afforded by the watchful supervision of devout and earnest ladies over the mental and moral habits of their children. We have always thought with Professor Seeley, in Ecce Homo, that the great object for which a Christian Church exists is the cultivation of virtue, and it is in the consistency of their lives that Catholics win our admiration. Good works have been the germ of life and the energizing cause of progress in this Church. Where virtues have given place to passions in its his- tory, it has fallen, rising again when gospel morality resumed its sway. "Never" Oakland Township — City of Oakland. 673 says James Anthony Froude, among the most reliable of modern historians, "never," so far as we know, have mankind put forth from themselves any thing so grand, so useful, so beautiful, so beneficent as the Catholic Church once was." The two great causes of this were, we believe, its practical philanthropy and its mental cultivation. Prophecies may fail, and dogmas of infallibility shall vanish away, but "the inward adorning of the meek and quiet spirit," the graces of heart and mind, and all the sacred results of Christian discipline and education, will win men's homage so long as there is any virtue and any praise, and will shed their light and fragrance beyond the grave. The work of Christian education, with all the neatness and gayety, the happiness and order that attend it, is, we should imagine, a blessed and grateful work, both to the Sisters and to the pastor. While the heart is yet unspotted from the world, while the life is unsullied, while the innocent little ones need only to be guided in order to choose thfe good and cling to it and love it forever, while the habits are yet unformed and the mind, like a white, unwritten page, needs only the autograph of Christ and the impression of Heaven, the pastor steps in with his school and foils the tempter and infuses moral strength to resist evil in the future. .While he educates the mind he barricades the soul. While he equips the children for time, he is shielding as well as training them for eternity. How noble a sight is such a school under such guardian- ship! Surely the angels must love to look at it! Unruly tempers gently led into captivity to Christ. The child taught, almost before "the dawn of reason's awful power," to shrink from vice as from poison. What respectful silence greets the pastor as he enters the school; what radiant looks and merry laughter when he speaks his kindly criticisms to one and then another. And what are they taught? Not bigotry; not harsh judgment of others; but something higher, better, and more positive — to love the Saviour, his Mother, and his Saints; to follow their example here and walk where their light falls, that they may meet them amid other scenes, and dwell with them forever. Here, surely, is the pastor's noblest work. Not on the platform, though he thunder forth platitudes with a fifty Boanerges power; not in angiy polemics, though he were ever so victorious; not even scattering the flowers of rhet- oric upon the heads of a fashionable audience, who cry that they are "miserable sin- ners," but act as though they were saints in lavender. No; but at the bedside of the sick and dying, caring for Christ's poor, and obeying his command to Peter, given as a test of love, "Feed my lambs.'' The religious influences that fall upon the Protest- ant as well as Catholic pupils, at such schools as the Convent, are not, as we have seen, theoretical or dogmatic, but that imperceptible molding of the character and chastening of the thoughts for good, as bring forth fruit in the self-control and patience of a Christian life. Trusting that we may be pardoned this lengthy digression we now return to our running chronology of events. On February 5, 1869, the first number of the Alameda Democrat made its appearance and was said by one of its contemporaries to have " a countrified appearance." At this time Oakland boasted three daily papers, and in that respect took third rank in the State. In the month of February, 1869, the city was visited by heavy rain-storms that did considerable damage. In this year, during the month of February, Alameda Degree Lodge, No. S, I. 0. O. F., was instituted by 674 History of Alameda County, California. Past Grand Representative Nathan Porter, when the following officers were installed: J. C. Holland, N. G.; J. Barnett, V. G.; W. J. Gurnett, Secretary; George H. Fogg, Treasurer; J. Callagan, Guardian. The plumed hat, crooked walking-cane, and heavy sabre of " Emperor Norton" are well remembered by those of Oakland's residents of to-day. To those who come after us we may say that Norton was a pioneer merchant of San Francisco who, through fortune's rebuffs, lost his mind, and among his aberrations thought himself invested with sovereign power over the United States and Mexico. His end was a sad one. He dropped dead in one of the streets of San Francisco without warning of the coming of the Grim Monster. All in all he was regretted, for he was utterly harmless. In one of his visits to this side of the bay, as was his wont, he issued the following proclamations, which go to show that his weakness was not of an obtrusive nature. Norton, Dei Gratia, Emperor of the United States and Protector of Mexico.: Being anxious that the physicians should continue unabated in their zeal for the total obliteration of the small-pox, do hereby command the City Authorities, in all places where the disease has been or may continue, to make compensation in honor or money to all physicians who may make the most effective cures in case of small-pox. Oakland, February /j', iSbg. Norton I. We, Norton [. Emperor of the Ui^itsd States and Protector op Mexico: Do hereby protest against any action of Congress depreciating National Bonds as a disgrace to the Nation; being convinced that our integrity is our only Salvation, and all foreigners whom it may concern are hereby advised of our determination. Oakland, February i^, i86g. Norton I. Among the improvements made in the year 1869 was the erection by Captain Wilcox of a building on Ninth Street, next to his three-story brick building. About this time certain portions of the community were much exercised against the Rev. L. Hamilton who had established an Independent Presbyterian Church. Charges of a comparative heterodoxy were made against him, and he was summoned to appear before the Presbytery, but, refusing to do so, he was suspended from his duties. The feeling on the subject was thus expressed; " Mr. Hamilton has withdrawn from a body where he could have no possible influence and whose verdict was known before ever the charges had been preferred and hearing granted. Any act that the Presbytery can take will carry with it simply the weight of the moral influence and opinions of its members. A higher tribunal than Presbytery or Synod has rendered its decision. The Christian men and women who have for years listened with profit to the preachings of Mr. Hamilton, the whole community, have concurred in the sentiment that freedom of conscience shall not be crushed and that however much men maydiffer with them upon abstract theories, when they are the same in feeling and in heart, the bonds shall not be dissolved." Upon the organization of the Inde- pendent Presbyterian Church the following trustees were appointed: Professor H. Durant, Rev. David McClure, C. W. Howard, Judge S. B. McKee, George C. Potten J. S. Emery, Col. A. J. Coffee, W. C. Tompkins, and J. R. Glascock. 1870. — In the month of January, 1870, an attempt was made to get an Act passed through the Legislature having for its object the division of the city into wards and districts, but the City Council, on January 3d, carried a resolution that the passage of such a bill would be detrimental to the interests of the city, therefore the matter Oakland Township — City of Oakland. C75 dropped for the time. On the lOth January a bid was made for having the State Nor.nal School located in Oakland, and to attract the committee having this settle- ment of the fciatter they were tendered the hospitalities of the city. In the mean time the City Hall was offered for the purpose, and on January 24th, Mr. Spaulding offered a resolution recommending the offer of ten acres of land and fifty thousand dollars in bonds of Oakland Township to the State for Normal School purposes, which was adopted, and the City Attorney was directed to draw up an enabling Act in accordance therewith. The following short sketch of this institution may prove of interest to the reader. Early in the history of the State a few gentlemen of San Francisco who had the educational interests of California at heart, among them being State Superintendent Andrew J. Moulder, John Swett, and City Superintendent Henry B. James, mooted the idea of a State Normal School. By the earnest efforts of these gentlemen, a City Normal School was established in San Francisco in 1857, with George W. Minns as Principal, and John Swett, Ellis H. Holmes, and Thomas S. Myrick, assistants. This school was continued until 1862. In the years 1859 and i860, Mr. Moulder urged the establishment of a State Normal School, but no action was then taken in the matter. Subsequently, however, a committee was appointed to examine into the feasibility of the scheme, which they favored in an elaborate report dated January 2, 1862. It was embodied by the State Superintendent in a communi- cation to the Legislature of 1862, and May 2d of that year an Act providing for the establishment of such an institution was passed. Three thousand dollars was appro- priated by the Legislature for carrying out the design, and Ahira Holmes appointed Principal by a Board of Trustees consisting of Superintendent Moulder, George Tait, Superintendent of San Francisco, and Dr. Taylor, Superintendent of Sacramento. The school was opened in one of the vacant rooms of the San Francisco High School, July 21, 1862, with thirty-one pupils, but was soon removed to rented rooms on Post Street, the teachers being Henry P. Carlton, Vice Principal, with Helen M. Clark and Kate Sullivan in the Training Department. In 1864 it was transferred to the rear of the Lincoln Grammar School. In the month of April 1870, a bill was passed by the Legislature directing the levy of a tax to provide a State Normal School Building Fund. We have seen how Oakland' made an attempt to gain the location of it there, but San Jose received the boon, and in 1870 the building was commenced. On February 11, 1880, the hand- some structure was destroyed by fire, but a new Normal School was erected on its site and first opened to its proper uses in 188 1. On January 10, 1870, T. J. Arnold was appointed City Engineer; on August ist an ordinance prohibiting the soliciting of custom for hotels and carriages in railroad- cars and steamboats within the limits of the city was passed, and, on November 7th, an ordinance concerning a record of births in the city of Oakland was passed. In the year 1870, the subject of a bridge across San Antonio Creek between Oakland and Alameda was placed before the Legislature, and was bitterly opposed by the residents of Brooklyn, on the ground that it would obstruct navigation and thus interfere with the prospects of their town, but without avail, for the bill became law and the Webster-street Bridge -an accomplished fact. Another matter that received considerable attention about this time was the removal of the county seat G7C) History of Alameda County, California.. from San Leandro to Oakland. It was the initial step to a very bitter conte.st, which, hoA'ever, was won by the city. On July i, 1870, the San Francisco and Oakland, and San Francisco, Alameda, and Haywards Railroad Companies were consolidated under the name of the San Francisco, Oakland, and Alameda 'Railroad Company, to form a continuous line from San Francisco to Haywards. Directors: Faxon D. Atherton, D. O. Mills, Wm. C. Ralston, Alfred A. Cohen, and David F. Barstow. Concerning the city of Oakland, the following Acts of the Legislature were passed, in the year 1870. An Act to provide for building bridge across the Estuary of San Antonio. Tax for payment of bridge bonds: To issue bonds for bridge pur- poses; An Act to prevent the destruction of fish and game in and around Lake Merritt; An Act providing for a bridge across San Antonio Creek; Mayor of Oakland to appoint bridge committee; City of Oakland to levy special bridge tax; An Act to lay out and improve streets of Oakland; An Act authorizing contract for lighting city of Oakland with gas; An Act authorizing tax for redemption of School Bonds in Oakland; An Act amending an Act of 1864, to improve streets in Oakland: An Act to authorize a tax for interest on bonds issued for funding certain claims on Oakland; An Act authorizing the Mayor to appoint Commissioners for a bridge across San Antonio Creek; An Act authorizing a special tax for bridge across San Antonio Creek; An Act concerning wharves, not to apply to Oakland; and An Act establish- ing boundary between Brooklyn and Oakland. In March, 1870, the Oakland Musical Society was started with the following lady and gentlemen as a committee of organization: Mrs. W. C. Little, Jacob Bacon, W. K. Flint, E. J. Passmore, W. B. Tread^\'ell, In this year building was almcJst a mania in Oakland; new residences- could be counted by the score, while business blocks and general improvements were under way all along Broadway. The want of hotel accom- modation was much felt, but practical schemes in that direction were being then devised, by the Newland Brothers, at the corner of Seventh and Washington Streets. i87L — On March 20, 1871, Oakland was divided into two election precincts for voting purposes, Adeline Street being the partition line between the two, a division which obtained until January 13, 1873, when the city was redistributed. On the nth October the Council passed a resolution that the pastors of the several churches in the city be requested to take up collections among their congregations for the relief of the sufferers from the Chicago fire. In March of this year the Post-office was moved to the office formerly occupied by W. K. ,Rowell, on Broadway between Ninth and Tenth Streets, it having changed its location several times since its establishment, in the first instance, on the corner of Broadway and Second Street. On March 2, 1871, the new building of the Union Savings Bank, on the corner of Broadway and Ninth Street, was ready for occupation. In the year 1871 there took place the heaviest real estate transaction that had hitherto been known in the city of Oakland. It was the selling by Elijah Bigelow to the San Francisco Land and Loan Association, for one hundred and two thousand dollars, two-thirds of Broadway Block, excepting a piece one hundred by seventy-five feet, on the corner of Broadway and Twelfth- Street, the property of T. J. Murphy. The march of improvement still pushed onward in this year, Broadway being the Oakland Township — Citv of Oakland. 677 scene of much actix'ity in building, where the owners seemed to have settled upon the policy of erecting only the very first-class structures. The fact was recognized that Oak- land was fast becoming a city capable of sustaining the very best class of stores, and that unless that street furnished the proper accommodation.?, other and more enter- prising capitalists would turn their attention to some other 1-ocality, and there erect the improvements demanded by the enlarged condition of the city. Their policy was a .vise one, and, by carrying it out, they secured for all time the prestige of Broadway as the most important thoroughfare in Oakland. In May, the Hurlburt Block, bounded by Broadway, Washington, Thirteenth, and Fourteenth Streets, was sold to Armes & Dallam for seventy-five thousand dollars, making the third heavy land sale within the city, and all aggregating two hundred and thirty-seven thousand dollars. It should be mentioned that heavier sales than these had taken place; for instance, the railroad company purchased sixty-six acres of land at the Point for three hundred and thirty thousand dollars; the Casserly Tract was sold for one hundred and twenty-five thousand dollars, and the Lake Side Tract for one hundred thousand dollars; but in each of these cases the area of the property sold was extensive, while in the transac- tions noted it is very small. In this month James Canning commenced the erection of his building on the corner of Broadway and Thirteenth Street, while, on the 24th May, the dilapidated platform that stood on the south side of Seventh Street near Broadway, and served as a passenger landing for the trains, was removed; and, in June E. C. Sessions commenced a handsome building at the corner of Broadway and Twelfth Street. 1872. — Having so fully gone into the matter of the removal of the county seat in another place, it will be unnecessary here to dwell upon the subject; all that we shall do is to follow the official action so far as it regards the part taken by the Cit}- Council. On January i, 1872, Hiram Tubbs, of Brooklyn, addressed the Council to the eft'ect that as petitions were in circulation praying for the removal of the county seat to Oakland from San Leandro with the implied understanding that the unoccupied parts of the City Hall would be tendered to the county for the use of its officers, and as a doubt existed in the minds of many residents of the town of Brooklyn (who were favorably inclined to the removal under such condition) arising from the fact that there had been no authoritative expression from the Council on the subject, he inquired if such should be made in that event, to which he received a reply in the shape of the following resolutions, passed on the 9th January: — Whereas, It is contemplated by the people of the county of Alameda to change the county seat from San Leandro in said county to the city of Oakland, and Whereas, It is deemed expedient that the city of Oakland should give some public explression in relation thereto, therefore be it Resolved, That the unoccupied apartments in the new City Hall in the city of Oakland are hereby tendered to the county of Alameda for its use for the purposes of county offices as long as desirable; and sufficient ground upon the City Hall Plat to erect a Recorder's Office; and at such time as the county shall see fit or desire to con- struct county buildings, it is the intention of the city of Oakland to furnish to the county, land sufficient and proper therefor. Resolved, That the foregoing preamble and resolutions be pubUshed in full in all the papers in the county of Alameda. ^ Immediately following this action the City Council had a meeting, and on Jan- nary 1 5th passed the following resolution : — 678 History of Alameda County, California. Resolved, That a public meeting of the citizens of the city of Oakland and township of Oakland and vicinity should be held immediately, to take into consideration the subject of a removal of the county seat and recommend that such a meeting be called immediately for the purpose of discussing the merits of such removal and that Samuel Merritt, A. C. Henry, and Rodmond Gibbons are hereby requested to call such meeting and publish notice of the same, and to invite and select speakers to speak upon the subject at said meeting. A meeting was accordingly held on January 24th, and the annexed resolutions unanimously adopted: — Whereas, It has become necessary for the accommodation of a large majority of the citizens of Alameda County that the county seat of said county should be removed to the city of Oakland, and a petition of the voters of said county has been presented to the Legislature of the State, asking for the passage of a law authorizing such removal, and Whereas, Objections to said removal are being made by some, on the ground that a heavy debt would be incurred by such removal, in the purchase of land, and the erection of the necessary buildings for county purposes, it is therefore Resolved, By the citizens of Oakland in mass-meeting assembled, that the second story of the City Hall shall be finished at the expense of the city, and partitioned into suitable rooms for the District Court, the County and Probate Courts, the Sheriff, the District Attorney, the Grand Jury, the Petit Jury, the County Surveyor, and the Judge's chambers; and that rooms shall be provided on the first floor of said hall for the Board of Supervisors and the Superintendent of Public Schools; and in the basement of said hall, if required, rooms sufficient for a jail. And that the city will also dedicate to the county a lot of land, parcel of the City Hall lot, situated in the southwest corner of the same, fifty feet wide on Fourteenth Street and one hundred feet in depth, for the purpose of erecting a Hall of Records for the use of the County Recorder, County Clerk, and County Treasurer. And that the use and control of said- rooms and said land shall be vested in the Board of Supervisors of Alameda County, for so long a time as said Board may use and occupy them for the purposes aforesaid. Resolved, That the Secretary of this meeting transmit to our Senator and Representatives and to the City Council a copy of these resolutions. This action was fully indorsed by the City Council at a special meeting held on the 29th of January, while a draft of a bill providing for an election by the people to decide the question, and approved by resolution, was sent to Hon. E. Tompkins and E. H. Pardee, at Sacramento, to be by them submitted to the Legislature. In' the mean time the Council approved the action of the citizens in offering Washington and Franklin Squares, between Fourth and Fifth Streets, on Broadway, to the county whereon to erect county buildings, this being again indorsed on the loth of March- The further proceedings in this regard will be found in the chapter on Legislative history, the culminating act of the City Council being on February 9, 1874, when Mr. Warner presented a certified copy of an Act approved February 4, 1 874, " to enable the Board of Supervisors of Alameda County to erect the county buildings of said county on Washington and Franklin Plazas in the city of Oakland," and offered a resolution, which was adopted, that the President and Clerk of the Council be directed to execute and acknowledge the grant of said plazas from the city to the county. Early in the year 1872 there appears to have been a little unpleasantness existing between the town of Brooklyn and its greater neighbor of Oakland, which called forth the following action on the part of the City Council of the latter place. On January 29th the accompanying resolutions were passed : — Whereas, The Trustees of the town of Brooklyn have proposed certain amendments to their town charter including one giving said town and its officers jurisdiction to low-water mark on their side of San Antonio Creek or Estuary, in order to remove any question of their power to enforce the ordinance.s of said town in certain cases without infringing at all on the rights of the city of Oakland, and Whereas, The said amendments have been submitted to the Alameda Delegation in the Legislature with the view of securing their passage, and said delegation r jquire first the assent of the Council in the premises Oakland Township — Citv of Oakland. 679 Resolved, Therefore, that the assent of the city of Oakland is hereby given to said proposed amendment, provided, that the boundary line in other respects shall remain the same as at present, and that no rights of prop- erty shall be affected thereby. Notwithstanding this, however, it would appear that the Brooklyn authorities transgressed their limits and called from the Oakland Council the following resolutions the 19th February: — Whereas, 'This Council by Resolution No. 1083, gave its consent to the passage of an Act, granting to the town of Brooklyn jurisdiction to low-water mark on the eastern shore of San Antonio Creek, in which resolution there is contained a provision that the boundary lines of the city of Oakland should not in any manner be changed, nor the rights of property be interfered with, and Whereas, .Said resolution was adopted by this Council at the urgent request of the town of Brooklyn, and in good faith, as that town desired the right to enforce its ordinances pertaining to police regulations to low water, and done simply as a friendly act towards said town, and Whereas, This Council have become convinced that the town of Brooklyn is not acting in the premises in an open and fair manner, but on the contrary are seeking by subterfuge to change the boundary line of the city of Oakland, therefore be it Resolved, That Resolution No. 1083 be and the same is hereby in all things rescinded. Resolved, That this Council most emphatically protest and object to any change of the boundary of the city of Oakland whereby its present territory will be decreased, or in any manner limiting or diminishing its present terri- torial or police jurisdiction, and to the passage of any bill granting any jurisdiction or police regulations to the town of Brooklyn within the present charter line or corporate limits of the city of Oakland. Resolved, That this Council hereby condemns the action of the town of Brooklyn and its agents in the prem- ises as attempting, under cover of extending its police jegulations upon the water front of said city, to change the well-settled charter line of the city of Oakland without even its knowledge or consent. Resolved, That Hon. Edward Tompkins and Hon. E. H. Pardee, are hereby respectfully requested' to oppose the passage of any bill changing in any manner the charter line of said city, or rendering the same questionable or uncertain, or limiting in any manner its territorial or police jurisdiction, or granting police jurisdiction, or any other jurisdiction to any other town or corporation within its territorial or corporate limits. Resolved, That the City Clerk be, and he is hereby instructed to forthwith transmit a certified copy of the foregoing preamble and resolutions under the seal of the city to Hori. Edward Tompkins, Senator of Alameda County, and Hon. E. H. Pardee, and E. T. Crane, Members of Assembly of Alameda County. On the 26th February Mr. Van Dyke addressed the Council in behalf of Brook- lyn, disclaiming any intention on the part of that town to change the boundaries of the city of Oakland; but the matter was eventually settled by the absorption of Brooklyn into the city of Oakland. April I, 1872, a certified copy of an order of the Board of Supervisors of Alameda County declaring the result of an election held in the township of Oakland on March 30, 1872, for the purpose of deciding the question of annexation of certain contiguous territory to the city of Oakland, was read and filed, when, A. L. Warner then presented an ordinance entitled " An Ordinanceto Approvethe Annexation of certain Territory to the City of Oakland" which was duly passed. The land so desired to be added to the city is described as follows: — ■ On the north by the line of division between the plots ten and eleven on Julius Kellersberger's map of the rancho of Vincente and Doiftingo Peralta, filed in the office of the Recorder of Alameda County, January 21, A.D. 1857, said line being produced in a straight line with itself westerly till it intersects the westerly boundary of the county of Alameda in the bay of San Francisco and produced in like manner easterly beyond the easterly line of Webster Avenue until it intersects the small creek known as Cemetery Creek, which rises in the grounds of the Mountain View Cemetery Association and flows southwesterly to its junction with another creek rising east of said Webster Avenue; on the east by said Cemetery Creek and the other creek aforesaid below their junction until they empty into Lake Merritt or Peralta, and then southerly along the west shore line of the northwestern arm of 680 History of Alameda County, California. said lake until the same intersects the northerly line of the city of Oakland; on the south by the said north line of said city; and on the west by the westerly line of said county of Alameda in the bay of San Francisco to its point of intersection with the north line already described as the line of division between Kellersberger's plots, numbers ten and eleven. On the isth of April the City Surveyor was directed to devise and present a plan of streets for this newly acquired territory; and on October 21, 1,872, the knell of the town of Brooklyn was sounded, his Honor, the Mayor, announcing, November 4th, that he had received from the County Clerk a certified copy of the minutes of the Board of Supervisors of Alameda County, in relation to the official canvass of the , returns of an election held in the town of Brooklyn on the 21st October to decide the question of annexing said town to the city of ©akland, said canvass showing a major- ity in favor of annexation; whereupon an ordinance was introduced by Mr. Warner, entitled "An Ordinance Approving the Annexation of certain Territory to the City of Oakland in pursuance of an Act entitled 'An Act to enable the Inhabitants of Terri- tory adjacent to any City in this State to annex the same thereto, approved February I, 1872,'" which was unanimously passed, thus absorbing the town of Brooklyn into the city of Oakland. San Pablo Avenue within the city limits was declared a public thoroughfare on the 28th October of this year. Of matters of general interest occurring during the year 1872, we find that in the month of February articles of incorporation of the Oakland Paving Company were filed in the office of the Secretary of State, with a capital stock of thirty thousand dol- lars, divided into three hundred shares, the Trustees being Theodore L. Walker, C. T.. Palmer, and W. H. Eastman. In glancing over the books of the Tax Collector for the year, we find that in the early part of 1872 the lollowing branches of business and the number of each in the city of Oakland were: Auctionser.s, 3; liqu 3r '.saloons, 84; barber shops, 8; boarding- houses (licensed) 10; billiard saloons, 6; bakeries, ii; breweries, 3; bath-houses, 2;, bill-posters, 2; cigar manufactories, 3; cigar stores, 6; clothing stores, 3; carpet .stores,. 2; confectionaries, 4; drygood.s, 3; drug stores, 6; express agents, 2; fruit stores, 8; furnishing goods, 4; furniture stores, 2; feed and produce, 3; flour-mill, i; game market, i; groceries, 15; glaziers, 2; general merchandise, 2; hardware, 4; harness- makers, 3; insurance agents, 12; ice depot, i; jewelers and watchmakers, 5; livery- stables,8; laundry,!; lodging-houses, 12; lumber-yards, 4; locksmiths,!; markets, 14; marble works, 2; milliners, 4; music stores, i; paint shops, 5; pawnbrokei", !; plumb- ers, 7; planing-mills, 3; restaurants, 20; real estate agents, 9; roofing agency, 1; sew- ing-machine agents, 3; stationers, 4; shoe and boot stores, 7; stove stores, 3; merchant tailors, 3; tinsmiths, 6; toy stores, 4; undertakers, 2; upholsterers, 2; vegetable stores 4; variety stores, 3; wood and coal yards, 5. Besides the above there were numei-ous branches of trade for which no licenses were required, while thot'e were two banks one corn-starch factory, one brass and one iron foundry, etc. During the inonth of April 1872, the Central Pacific Railroad seems to have had a run of ill-luck. On the 14th an old gentleman, eighty-four years of age, named Levi Heineberg, an esteemed resident of Oakland, was injured by the local train at the Seventh-street Depot, while, on the 20th, the locomotive' So/ano burst her boiler Oakland Township — City of Oakland, 681 while on duty at the wharf, but, singular to relate, without injuring any one. On the i6th May the Oakland Flouring Mill at the junction of Broadway and Telegraph Avenue was destroyed by fire, the loss being about seven thousand dollars, on which there was no insurance. The establishment was owned by Pendleton & Learned and was erected by Blanchard & Plummer in 1861. In the columns of the News of June 12, 1872, we find the following plea for the the preservation of the oaks: " The oak-trees which suggested the name of our city have made it what it is. At an early day they attracted people hither, and weary San Franciscans sought the comforts of a country home in our evergreen groves. If the peninsula had been a barren plain it would not to-day contain the residences of fifteen thousand people. The public schools have lately been developed and are of inesti- mable importance, but the original and most powerful cause of the city's growth has been the trees. As the population increases and the streets are needed for business these grand old oaks must disappear. They must also be removed from every block in the city and to make room for improvements. The number of trees has of necessity greatly diminished, and we therefore set a higher value on those still remaining. If a. street is used to any great extent, trees must be removed from near its center. But let us keep them until the space they occupy is wanted. There has been too much nicety about removing trees, numerous handsome oaks have been felled because they were a few inches from the line of the sidewalk. The walks have purposely been made of an unusual width so as to permit as many trees as possible to remain. It looks like vandalism to cut down a tree because it is a foot or so outside the edge of a sidewalk. Such trees are ornamental and should be forever retained. The appearance of the city is rendered handsome and picturesque, and the comfort of the people is also pro- moted, for the trees are a useful barrier against the winds, as any one can ascertain by visiting the treeless localities above and below the main portion of the city. At almost every meeting of the Council there are petitions for the removal of trees, and if all these requests were complied with, Oakland would very soon be as windy and disagreeable as San Francisco. There is nothing that requires closer attention on the part of our City Fathers than this subject, and we hope that no request for the removal of a tree will be complied with without first a careful examination." It may be mentioned that on August 8, 1872, occurred the eleventh anniversary of the breaking of the first ground at the Point for the local railway, which has since been so. greatly extended. The contractors and builders of the road were Goss & Stevens, both active, energetic, enterprising men. The first spadeful of earth was thrown up by M. T. Dusenbury, then an employ^oi the company, and afterwards Teller of the Oakland Savings Bank. A stump of a tree was extracted from the extreme outer terminus of the road. Immediately thereafter a wharf was built three-quarters of a mile long, to and from which the San Francisco steamers landed and took aboard passengers and freight. The road was fully completed in one year, and the same station- houses erected along the line at which the cars now stop. But in those pristine times for Oakland — it was only now and then that a passenger was picked up or set down at Adeline, Market, or Oak Streets — the original owners, Charles Main being President, sold the road to A. A. Cohen, who, in turn disposed of his interest to the Central Pacific. The fare at this time was twenty-five cents for a single adult passenger. 44 682 History of Alameda County, California. John Scott, architect and builder, and about the most venerable of the pioneers on this side of the bay then, contributed no little to the comfort of the employh at the Point by putting doors and windows in their humble tenement and making their casa as cheerful as possible. This " shebang" stood on the margin of the bay, but to-day, if in existence, would be over its roof in water, the bank having crumbled away for many yards landw^ird of the spot where it was erected. At the period when this railway was built the late James B. Larue, as we have said, had two steamers called the Oakland a.x\d. San Antonio, running on the creek route, the fare also being twenty-five cents. On completion of the line a stiff opposition sprang up and the price of passage was reduced to five cents. This state of things could not last forever, and although it was fine for travelers, it was death to the companies. Before two years had elapsed the great railroad Kings had bought off the creek boats and what followed all of our readers are fully advised. On July I, 1872, the total population of the city of Oakland was: — Males over twenty-one years '■ 3> 35° Females over eighteen years -2,950 Males between sixteen and twenty-one years 5^5 Males between five and fifteen years 1, 163 Females between sixteen and eighteen years 200 Females between five and fifteen years ')344 Colored, Indians, etc., of all ages 70 Floating, not obtained in the canvass 275 Chinese, male and female goo On November 14, 1-872, Oakland was called upon to mourn the demise of one of her most faithful and beloved citizens. The Hon. Edward Tompkins expired on that date at his residence on Alice Street. His place of nativity was the charming and romantic village of Paris Hill, Oneida, County, New York. The year of his birth was 181 5. In his childhood he had only the advantages of an education which at that early day, and in the uttermost settlements of civilization in New York, could only be acquired in the log-cabin or at the humble fireside of the rustic cottage. But our youthful hero, industrious, plodding, and determined to win a name and fame for himself, stuck to his books and finally succeeded in preparing himself for college. He entered Union University at Schenectady, in the class of 1831, that being the only college in the State of New York, in those days, except Columbia, in the city of New York; while in college and shortly after its foundation he connected himself with the " Sigma-Phi Society," and up to the year of his death always kept up his interest in its welfare and prosperity. He frequently met with the brethren at their annual reunions in San Francisco. The late Hon. Edward Norton of the Supreme Court of this State was a college-mate of Mr. Tompkins. Shortly after graduation, he went-to the city of New York, where he studied and subsequently practiced law. His health failing him, he removed to Binghampton,'Broome County, where he at once entered on an extensive practice, and it was not long before Hon. Daniel S. Dickenson, one of the brightest luminaries of Southern New York, honored the young Blackstone with a full partnership. The firm did a prosperous business, and in 1837 the young lawyer took to wife Miss Mary Cook of Bridgeport, Connecticut. After years of incessant Oakland Township — City of Oakland. 683 toil at the Bar, he had to seek again a change of climate, and so in the Fall of 1859 he came to California. He was then comparatively poor, having lost seriously from his hard won earnings by unfortunate investments. On a beautiful November morning, shortly after his arrival, he climbed Telegraph Hill with a friend, and all exhausted stood panting on its summit. Regaining breath and strength he feasted on the gorgeous panorama around him, the Golden Gate, the distant hills of Marin and Contra Costa just donning their winter garb after the first autumnal rains, and the bustling, thriving city at his feet. Reclining on a step of the old telegraph station, he exclaimed, " This shall be my home^" He took in the situation at a glance. On that same day he made the acquaintance of the eminent law firm of Halleck, Peacy & Billings, and shortly there- after formed a partnership with Mr. Barstow. Some years before coming out to Cal- ifornia Mr. Tompkins lost his wife. In December 1861, he married Sarah, half-sister of the late ex-Governor Haight. About this time he formed a co-partnership with Havens & Belknap, a leading law firm of San Francisco. After dissolving his busi- ness relations with them he took his eldest son in as a partner. Mr. Tompkins came to Oakland to reside in 1863, and after living a short time at the residence of Rev. Mr. Willey, erected a cozy homestead on the banks of Lake Merritt. Here he lived and died. Whether in the halls of Legislation, in remote parts of the Commonwealth, or in distant States, his thoughts and whole existence were centered in Oakland. He ever rejoiced with her in her prosperity and sympathized with her in her adversity, of her, he never tired to speak, .and when away up in the far-off mountains, he would exclaim, " My heart untrammerd, fondly turns to thee." During his residence in Oakland, what had he not done to advance it in all the ele- ments of material progress ? To recapitulate only all that he did would far exceed the limits prescribed to us in this imperfect notice. In Church, in State, in University, in Municipal affairs, Edward Tompkins' influence was felt, and only for the good and right and just. No panegyric can overestimate his services in behalf of Church, City, and State; none but appreciate the invaluable services rendered to the cause of Religion, the cause of Morality, the cause of Education, the cause of Progress and General Enlightenment. Mr. Tompkins never held, only because he would never accept, a municipal office in Oakland; but that he faithfully represented the interests of the city let his record in the last and previous Legislatures in which he served attest, and bear all potent witness. His efforts to secure the removal of the county seat; his exertions in get- ting the splendid appropriations, after months of labor and struggle, for the University; his advocacy of material interests, which, directly or indirectly, might benefit the county and the city of his adoption; lo! are they not written in the chronicles of the city of Oakland and county of Alameda. But his last great generous crowning act of his life was that munificent donation to the University of the State of California. He was proud to see the foundation laid at Berkeley; he lived to usher its President into office, but he died before witnessing the full realization of his high hopes and fond anticipations. He died in middle man- hood, in the very zenith of his fame and usefulness. 684 History of Alameda County, California. Eulogistic tributes poured in from all quarters, the Bar; the students of the Uni- versity; the Firemen; the Board of Regents; the Faculty of the State University; all sent their meed of praise in the shape of resolutions, and all concurred in what Sir Walter Scott said of Fox: — " He had genius high, and lore profound. And wit that loves to play, not wound." The last item we have to notice in 1872, is the death of Colonel Watkins at the end of the year. He was a native of Kentucky, and at the time of his death was fifty- three years of age. He had been for a long time in the practice of law at Marysville, and was the first Police Judge of the city of Oakland. • 1873.— Early in this year a company was started having for its purpose the establishment of railroad communication between the interior valleys and tide-water at Oakland, a matter that received the attention of the City Council, who, in further- ance of the scheme, on January 27th, passed the following resolutions: — Whereas, Recent history has shown the great advantage that locations have received from the outreaching arms of railroads, and Whereas, Oakland is the natural tide-water terminus of the required railroads of California; and Whereas, A company is now being organized to connect the rich valleys of Contra Costa County with the city of Oakland by a narrow-gauge railroad, therefore be it Resolved, Through its City Council assembled, that the city of Oakland will render such aid in the construc- tion of such road as the interests of the city and the powers of the Council thereof may warrant. One of the valuable achievements of the year 1873 was the construction of what may be properly termed the city wharf, being built at the city's expense, and upon the only space of water front which the city has a right to call her own. The wharf at once proved itself a success beyond which its most earnest advocates had anticipated. It was completed August 5, 1872, at a cost of nineteen thousand six hundred and thirty-five dollars and ninety cents. From that date to February 25, 1873, its gross earnings amounted to one thousand nine hundred and sixty-four dol- lars and sixty-nine cents, which sum more than paid all expenses besides the interest on investment. The rates of wharfage were reduced thirty per cent, from former charges, a most satisfactory change to patrons, and which produced its benefits. On April 7th a petition was presented to the Council, signed by three hundred and fifty citizens of Oakland, to the following effect: — Your petitioners respectfully request and represent that it has bscoma necessary for the convenience of the traveling public to increase the facilities for transporting passengers from the city of San Francisco to Oakland and Alameda, to increase the number of trips daily so that a train of cars can run each way every half hour from and to Alameda and San Francisco, and through the city of Oakland. To this end your petitioners respectfully ask your Honorable Body to grant to the Central Pacific Railroad Company the right to lay down and operate a double track railroad from its connection with the present road on Seventh Street, between Webster and Harrison Streets, and running thence on a curve across Harrison Square and cutting a small corner off the school lot to Alice Street; thence on Alice Street to and across the San Antonio Creek to Alan^eda with the right to erect a draw-bridge across said creek to accommodate the railroad and vessel interest, for all of which the undersigned will ever pray, etc. A resolution was passed on the 8th, granting the right of way sought, it being at the same time directed that both it and the ordinance should be published in the n:orning papers; a substitute ordinance was adopted on the 21st, but it did not mate- rially differ from the original enactment. Oakland Township — City of Oakland. 685 On October 13th the Oakland Farming, Industrial, and Horticultural Club was granted the use of the Council Chamber wherein to hold their meetings; while, December 13th, a resolution was passed, tendering suitable rooms to the' Supreme Court on behalf of the city of Oakland, in the event of its being removed thither. Under the head of "general matters we may state that in the month of March, 1873, an old landmark in the shape of a house that stood on the north side of Eighth Street, in the rear of where the City of Paris drygoods store was located, the site being now occupied by the property of Mrs. Steele, was moved. This building was erected in 1853 by Eli Alexander, in the lower story of which he kept a store, occu- pying the upper story as a residence. At that time there was but one other building upon the entire block, and not a great many in the whole city. The other building in the block was built and occupied by an old German named Dombroske, who tuned pianos for a living. As there were but two or three of those instruments in the place in those early days, the piano-tuner obtained the greater part of his business by traveling about the country. In 1855 Alexander sold the building to one Augustus Hellwig. Judge Blake moved into it in 1857, and occupied it about two years. Mrs. Blake's well-known seminary, then in its infancy, was carried on there at an early day. Previous to this, however, it had been occupied for a time as a lodging-house by a member of the Smith family, and it was some time during that period that Judge A. M. Brocklebank, a well-known lawyer and brother-in-law to the late ex-Governor Weller, died there. The building was purchased by Dr. Sanford, a druggist, in May, 1862, and was shortly afterwards moved to the rear lot, where it was fitted up as a dwelling, and stood until the final moving. The brick building now occupying the northeast corner of Broadway and Eighth Street was then built. The old wooden pioneer was occupied by Sanford from August, 1862, to August, 1868. A former Councilman, I. W. Knox, then lived in the northern part of the city, and happening to lose his house by fire, moved into Dr. Sanford's building, where he remained some months. Up to the date of which we write, it was used as a lodging-house, while the place to which it was taken was the corner of Market and Nineteenth Streets. In the month of June, 1873, the famous Grand Central Hotel was completed, it having been built by "day work" under the constant supervision of Doctor Merritt, from whose fertile brain also came the design of the immense and handsome struct- ure. It was four stories in height with a mansard roof and brick basement, the whole surmounted by three immense towers. There were three front entrances on Twelfth Street, while the building occupied the block bounded by Webster, Harrison, Eleventh, and Twelfth Streets. It was destroyed by fire March 2, 1881. Doubtless every man and woman who has resided ten years and upwards in the city of Oakland, will remember the rusty old six-pounder which lay for years within twenty or thirty feet of the sidewalk on Washington Square; but there are very few probably now remaining in Oakland who know of its early history. There is not much to be said of it, but the little there is, is worth repeating. The gun was known by the older inhabitants as the " Squatter Gun." The land on which Oakland is located, and the country for miles to the north, was in possession of squatters, and warm times were anticipated by them in their determination to hold their ground. The gun in question was purchased by the squatters from the captain of a vessel 686 History of Alameda County, California. which came around the Horn, and was brought over to Oakland in 1852, to be used for giving an alarm to the occupants of the entire valley in the event of an attempt to forcibly eject any of the possessors of the land. It was at first proposed to pro- cure a bell for that purpose, but the advocates of that means of signaling succumbed to the argument that the sound of a bell could not be heard as far as the report of a cannon, and so the Squatter Gun was procured. Fortunately it was never required for the purpose for which it was brought to Oakland, but it frequently performed good service in after years in giving loud expression of the patriotism of the inhabitants on each national anniversary. And yet another landmark disappeared in the year 1873. The ticket and passenger depot of the local ferry, which had occupied the middle of the thoroughfare at the corner of Broadway and Seventh Streets, for nine years pre- viously, was lifted upon a couple of platform cars on the 23d July, and at four o'clock precisely was hauled away from that locajity to fulfill the remainder of its destiny elsewhere. On the night of September 20th McClure's Military Academy was destroyed by fire, the handsome residence of the Principal being saved only by the most strenuous efforts of the department. During the season 1873, we find that forty vessels were loaded with wheat and six with barley, between July ist and the end of the year, the quantity of wheat taken being one million five thousand four hundred and twenty-five centals, besides eight-one thousand five hundred and forty-nine centals of barley. On December 3, 1873, Oakland was treated to quite a respectable fall of snow — not so heavy, however, as that which occurred on December 31, 1882 — and as such meteorological luxuries do not come around very often, Oakland made the most of it. The ground on the lee side of buildings and clear open spaces was covered with the flaky visitant of sufficient depth to enable an industrious person to scrape enough together to form snow-balls, and snow-balling was indulged in by all so long as the material lasted. Youngsters who had never seen so much snow in all their lives, took to the sport as naturally as though they had been born and reared in a snow-bank, and men who remembered the sleigh-rides they used to take " back in the States," became quite gleeful over the old familiar sight, while its presence developed a num- ber of jokes and much pleasantry. . Towards the end of the year a silk manufactory was started under the superin- tendence of John Green, who had two looms at work turning out beautiful ribbons of all colors, but the affair did not take sufficient hold of Oakland's capitalists, therefore it died, notwithstanding Mr. Green carried off the State Agricultural Society's gold medal for his exhibition of home manufactured silk. 1874. — On June 8, .1874, permission was granted to erect a drinking-fountain on Tenth Street, to the Land and Loan Company; and, on the 29th, the office of City Physician was created; while, on November 9th, an ordinance regulating the hours of keeping open bars, liquor saloons, and all places within the city where spirituous, malt, or fermented liquors or wines are sold in less quantities than one quart, was passed. In the month of February articles of incorporation of the Oakland Gold and Sil- Oakland Township — City of Oakland. 687 ver Mill and Mining Company were filed, the object of the association being to acquire and work mines in Humboldt County, Nevada. The directors were: A. L. Page, G. A. Miller, W. Graham, B. F. Broiers, I. Ames, E. W. Woodward, and P. Johnson, all of Oakland. Capital stock, four millions of dollars, divided into forty thousand shares of one hundred dollars each. On the 24th February articles of incor- poration of the Oakland Harbor Improvement Company were filed, its object being to dredge and open a ship-channel across the bar at San Antonio Creek, and protect the same by suitable means; to improve and make navigable the waters of said creek and estuary, and to connect by a canal the bay of San Leandro with said creek or estuary, and to construct along the line of and adjacent to said creek and canal, suita- ble wharves and warehouses, for the accommodation of trade and commerce, and to construct across the mouth of San Leandro Bay a suitable dam, with flood-gates suffi- cient to turn the waters of said bay through San Antonio Creek; also to pur- chase and acquire all necessary property, franchises, rights, and privileges for the carrying out of these objects. The principal place of business was declared to be at Oakland; the time of existence fifty years; the capital stock two millions of dollars, divided into one hundred thousand shares of twenty dollars each; the directors, G. W. Bowie, William Graham, F. Chappellet, G. M. Fisher, W. H. Gorill, Elijah Case, Z. Montgomery, E. W. Woodward, John Doherty, R. C. Gaskell, and C. H. Twombly, all of Oakland. On March i, 1874, the Plymouth Avenue Congregational Church was dedicated, the trustees for the first term being W. K. Rowell, W. M. Boyd, A. Pratt, W. H. Jor- dan, and W. H. Love; and in the following month the Odd Fellows' Cemetery Asso- ciation was formed, a board of directors of two delegates from each lodge, one from the Encampment, and two at large being elected. On May 12th the Alameda County Savings and Loan Society filed their certificate of incorporation with the County Clerk, having a fully guaranteed capital of five hundred thousand dollars, and a list of directors and stockholders embracing fifty of the best citizens in Oakland and the county. On August i, 1874 the Alameda County Savings and Loan Society opened their bank at No. 969 Broadway, near Tenth Street, the officers being: B. F. Ferris, President; Israel W. Knox, Vice-President; L. W. Kennedy, Secretary; B. F. Ferris, Treasurer; Galen M. Fisher, Cashier; Hon. Zach. Montgomeiy, Counsel; Theo. A> Mudge, Surveyor; Directors: B. F. Ferris, Henry Durant, Elijah Case, George G" Berry, Zach. Montgomery, Israel W. Knox, John Curry, W. Newcomb, George Tait' Charles H. Twombly, L. W. Kennedy. 1875. — The first item for the year is on the 23d of January, when the City Coun- cil and Board of Education took official cognizance of the ddath of Mayor Durant, in the following resolutions: — Our honored Mayor, Dr. Henry Durant, has been called away from us by death. We bow down in sorrow under the blow. We are at a loss to express the emotions in us to which this sad event gives rise. There was that in the man which drew forth towards him more than a cold respect, more than perfect confidence in him as a public ofificer. His qualities made his relations to us seem nearer and warmer than one of mere official position; we felt towards him rather as towards a venerated and beloved father and friend. We knew him to be the very soul of truth and honor; warm in his friendship, wise in his councils, unselfish in all his impulses; having the best interests of our city at heart, even as his own. He has long stood among us as the foremost promoter of public education in all its branches, a guide and an example to the young. 688 History of Alameda County, California. His broad charity was such that all, of whatever class or opinion, counted him their friend. His long residence in this city, dating back almost to its first settlement, and the numerous positions of trust which he has been called to fill, have but deepened the universal confidence and esteem in which he was held; and as we look back upon the many stations of responsibility in which his truly great abiUties, as well as ^^^ ^"' tues caused him to be placed, we can but wonder at the power for good that went forth from all his life.^ And now that he has gone from us, we appreciate more fully than ever before the greatness of his worth and services. In view of these facts, We, the Council of the Board of Education of the city of Oakland, feel impelled to give this just expression, inadequate as it is, to our deep sense of his virtues and to our sorrow at his death; therefore J!esolved That in the death of Mayor Durant, the honored head of our city government, we mourn the loss of a wise leader, and a true friend, and that this community and the State at large sustain a great public bereave- '""''^Jiesolved, That we deeply sympathize with the stiicken widow in her loneliness, feeling in our own sorrow how great hers must be who stood in so much nearer relation to the deceased. /Resolved That the Clerk of the Council be instructed to forward to her a copy of these expressions of our respect and sympathy, that they be spread upon the minutes of both the Council and the Board of Education, and that copies be furnished for publication to the daily papers of Oakland and San Francisco. It may be remarked that during the funeral of the deceased Mayor, business was entirely suspended, all the public schools closed, and the Council attended the obse- quies in a body. The next official act performed by the Council in the year 1875, of which we shall take cognizance in this place, was on the 2Sth October, when the following res3lutions were passed, on the demise of George W. Blake, a gentleman who had been prominently identified with the city for many years, and had been some time one of its officials: — Whereas, By the grim fiat of the inexorable foe our friend and predecessor George M. Blake, who once graced a seat in the Council of this city and by the vigor and force pf his intellect materially assisted in the con- duct of its affairs for a term of years with a degree of high honor to himself and universal satisfaction to the peo- ple, but in accordance with a universal law he has yielded to the common fate of man and passed away from earth amid the full luster of his years, his virtues and his usefulness; and Whereas, In his social and personal character he was ever conspicuous as the kind and devoted husband, faithful friend, exemplary citizen and honorable gentleman, associating himself with every benevolent and chari. table enterprise, standing forth prominent among men as Saul stood among the Prophets, as a man whose philan- throphy was co-extensive with the spontaneous emotions of his noble and generous heart, a man who studied diligently in the aggregate the greatest welfare of his own race, and in the detail the greatest comfort of those in his immediate surrounding; who to his friends and such were all with whom he came in contact, never ceased to make himself a source of cheerfulness and joy, imparting to them his magnetic influence, his genial spirit, his grateful pleasantness and warm emotions; therefore be it ' Resolved, That in his departure the City Council and the whole community in which we live have sustained a common loss, at a time too when Oakland can illy afford to part with any of her venerable pioneers who one by one are receding from our midst and whose places it is most difficult for the survivor to fill. Resolved, That while conscious of the vanity of human solace in the midst of their profound bereavement, this Council but deem it proper to tender to the surviving wife and relatives of the departed our deep heartfelt sympathies, 'knowing that He who tempers the wind to the shorn lamb will give them strength, fortitude, and" solace in this apparent dark and dis.Tial hour. Resolved, That the above be placed on the records of this Council and a copy be sent to the bereaved widow with the seal of the city attached. It may be remarked that the widow of Judge Blake was one of the original educators of the city of Oakland, and had a seminary at the Blake House on Wash- ington Street. In the month of April, 1875, the corner-stone of the Presbyterian Church was laid the pastor Rev. Doctor Eells, being assisted in the ceremony by Revs. Messrs. Ham- Oakland Township — City of Oakland. 689 mond, Anthony, McLafferty, Hamilton, and McLean, while, in the month of October, the Newark Land Association was incorporated, with a capital of seven hundred and fifty thousand dollars, the Directors being C. Mitchell Grant, J. Cochran, J, Barr Robertson, Stewart Menzies, and D. A. McDonald, and the objects being to purchase, sell, and lease real estate in Alameda County; to lay and maintain streets, roads, and avenues through the same; to erect hotels and buildings of all kinds; to lay out town sites and to dispose of the lots thereon and generally engage in a real estate business; and, in the same month, the articles of incorporation of- the Santa Clara Valley Rail- road Company were filed in the office of the County Clerk of Santa Clara County, the object of this enterprise being to build a railroad from Dumbarton Point, Alameda County, via Alviso to Santa Clara, San Jose, and Santa Cruz, the following named gentlemen being Directors: H. Bartling, R. D. Coldren, E. L. Derby, San Jose; N. B. Perrin, San Francisco; John Lowrie, Alameda. Capital stock, one million dollars in ten thousand shares of one hundred dollars each. This road has since been amal- gamated with the South Pacific Coast Railroad. 1876. — In his message of February 28, 1876, the Mayor remarks: — " During the official year just closing it has not devolved upon the Council to act upon any important or decisive question of public policy. Your principal labor has been the consideration of the thousands of minor affairs connected with the city government. Mistake or neglect in the discharge of any of these would speedily pro- duce confusion and injury. At the beginning of the year the general condition of our affairs was eminently satisfactory and by your careful attention to duty the Council which .will succeed you will labor under no embarrassment of any nature. " Each department has been managed with economy and ability. All connected with the city government seem to have taken pride in attending to their duties well and thoroughly. " Our population consists of those who have come here on account of the many opportunities for establishing a profitable business in every department of trade; the mechanic, for whose skilled hands there is a never-failing supply of remunerative employment, and those who have been attracted by our climate, the beauties of the city, arid the excellence of our system of free schools, and by the moderate cost of pro- curing comfortable and elegant homes which could only be obtained by the expendi- ture of a fortune in the Metropolis. It is the policy of the city to aid in all proper ways the further development of those influences which have brought Oakland to its present gratifying condition. " Dropping from sight for a moment the fact that it is the duty of the community to provide ample educational facilities for the young, it can readily be shown that such a cause is highly profitable, judged from a standpoint of individual interest. If an elegible town site were owned by some one person it would be a profitable investment for him to provide at his own cost the best possible system of public instruction. It is fortunate for us that at an early day there was adopted a policy alike liberal, humane, and profitable. ' Many thousands have been influenced in favor of Oakland wholly by the fame of our schools; they have purchased land, built houses, and by their business patronage constantly contributed toward the common prosperity. 690 History of Alameda County, California. " The low death-rate, the remarkably small degree of mortality among young children; the many things that have aided in the beautifying and adorning of the city have also been potent influences. "We should be anxious to carry out all measures that will promote the health of the people and to assist in the ornamentation of the city by such legislation as comes within the power of the Council. Reasonable expenditures in that direction will prove to be good investments. ' It was estimated in June last that the population of Oakland was twenty-five thousand, and with all the information attainable I am of the opinion that the calcu- lation is correct. Since that time there has been a continuous increase, so that in all probability a census taken in June 1876 would show a population in excess of thirty thousand persons. A census of the children in the city is taken annually by an appointee of the Board of Education, so that we have partial data for an estimate. " I regard it as very important that there should be a correct enumeration of our whole population every year. A knowledge of that fact is desirable for several pur- poses. It would be valuable for the Council in legislation; it would be of very great service to the Health Department, and of importance in all cases where it is necessary to pass upon measures affecting the interests of the people as a whole. " A thoroug^h census can be taken through the Police Department at a nominal cost. Every section of the city patrolled by a regular or a special policeman and the occupants of every house are, or should be, known to some of them. To avoid any interference with their routine duties a month might be allotted as the time in which the enumeration should be taken. The blanks should be prepared by the Health Officer, who should also prepare suitable instructions. The work should be apportioned and the men detailed by the Captain of the Police so that there could be no possible clashing of duties. I believe that a census taken in this manner would possess more than ordinary accuracy and that the only expense attending it would be the cost of stationery and the wages of a clerk for not more than two weeks in a year. " As ex officio President of the Board of Health, I have attended its sessions, and have been well pleased with the care and attention which the members have given to the discharge of the important duties devolving upon them. The report of the Health Officer is a document of very great value, and is replete with information that is of practical worth. Within the last two years the labor devolving upon that official has vastly increased. Xhe records of the office are becoming somewhat voluminous, the issuance of burial certificates, the recording of births, and the inspection of nuisances demand much time and attention. These services are per- formed without charge to the city, and in a very able and faithful manner. By a careful study of the data collected and arranged by him, it becomes possible to ascer- tain some of the preventable causes of disease and death in our city, and to take suitable precautions. The Health Officer is ex officio City Physician. In that capacity it is his duty to inspect the prison not less than three times per week; have control of the regimen of the prisoners; examine all supplies furnished, and see that they are wholesome and sufficient; and he is the medical attendant of such prisoners as may need his services, for which he is entitled to the usual fee. He reports having Oakland Township — City of Oakland. 691 made one hundred and fifty-three visits last year, so that his compensation has been quite moderate for the. various duties performed. It is essential that there should be a medical visitor to a prison as large as this. It might be a salutary check upon officials who were disposed to be cruel, and it is a guarantee that the food of the inmates shall be wholesome and delivered in suitable quantities. Under the dietary table prepared by him, the daily cost of the maintenance of each prisoner is sixteen and one-quarter cents per day. Attention has been given to the cleanliness of the prison, and there seems to be no opportunity for improvement in its management. " The Captain of Police and .the City Physician are equally entitled to credit in this matter. "A few months ago the small frame building near the mouth of the San Antonio Creek, used as a pest-house, was destroyed by fire. It would be no more than com- mon prudence for the Council to authorize the Board of Health to lease a piece of ground for a term of years, and erect a suitable building which need not cost more than five hundred dollars. " The city has long been free from the small-pox, but it is well to be prepared so that there will be no delay when action is necessary. " Needless trouble may be experienced in prosecutions for the abatement of nuisances. It may be necessary to prove, for instance, that certain houses are not connected with the sewers in the adjoining streets. The burden of proof should be changed; it should be presumed in such prosecutions that there is no sewer connec- tion. In hundreds of cases it would be impossible to prove this negative proposition, and it is highly proper to relieve the officers of the law from such an embarrassing position." In respect to the city wharf and city front, the Mayor continues: — " The only frontage on the San Antonio Creek owned by the city is upon its northern side, and between the middle line of Franklin Street and the easterly line of Webster Street. A wharf is built upon this property in the form of a hollow square, and bonds to the amount of twenty thousand dollars were issued to provide funds to pay for its construction. It was completed in August, 1873, and the rates of wharf- age and dockage established were expected to more than pay the interest and its run- ning expenses. " The business has of late increased beyond all contemplation, the receipts for 1875 amounting to seven thousand three hundred and two dollars and ninety-eight cents. During the same time the number of vessel^arriving was eight hundred and ninety-three. The principal commodities received were wood, coal, lumber, and brick, all bulky articles which cannot be removed as speedily as landed. In large cities wharves are specially designated for this kind of business. It is indispensable that the area of such a wharf should be greater in proportion to its frontage than a wharf used for the landing of merchandise in boxes and bales, and its revenues can not be as great. Three sloops may occupy as much frontage as a large clipper, and the amount of dockage they would pay would be absolutely insignificant in compari- son with what would be received from the larger vessel during the same length of time. Thus far there have been adequate accommodations; but if the business increases as rapidly during the current year as it did last year, an enlargement will be 692 History of Alameda County, California. necessary. It is not improbable that before the close of the year there will be such an improvement, for I think that in its present shape it will by that time be worked up to its fullest capacity. This wharf is a source of considerable profit to the city, but that consideration is of minor importance when contrasted with its great utility to the public. It has been managed with prudence and economy. In this connection I would suggest the propriety of appointing a Standing Committee to have general supervision over the wharf and other water-front matters. There is now need of a few simple regulations, for I presume that very nearly two thousand small vessels enter the creek annually. Numerous steamers and other water craft are also laid up, and there should be some authority to regulate the positions they should occupy so as not to interfere with navigation. " I would also recommend that the ordinance prohibiting the discharge of fire- arms within tlje limits of the city be so amended as to exempt those portions of the water front and marsh land which are remote from any highway or building, as the ordinance seems to be a needless restraint upon persons desirous of hunting wild game during the winter months." Consequent on the death of William Hillegass, a much respected pioneer citizen of Oakland, the city authorities under date March 20, 1876, passed the following res- olutions of condolence: — Resolved, That we, in Council assembled, deeply deplore the sudden demise of our friend William Hille- gass, whose death took place this day, March 20, 1876, at his residence at Berkeley, and have always found in him one of the truest friends of our city, always ready to do his duty fearlessly, and for the past quarter of a century spent his life in doing all that could be done to promote the cause of justice and humanity; kind, affable, and generous to a fault, like the departed J . Ross Browne, takes his flight to the world of peace without one in all the many with whom he became acquainted to say other than: " We mourn our honest friend, most worthy citizen, and most exemplary man.'' On June 19, 1876, an ordinance granting to the American District Telegraph Company of Oakland the right to construct and maintain telegraph lines in the city, was passed; while, August 7th, there also became law the ordinance for securing the health of the city and regulating the amount of air in each room used for lodging purposes. On June 28th of this year the articles of incorporation of the West Oakland Masonic Hall and Building Association were filed, the Trustees being George W. Drake, Natale Gamboni, Louis Hufschmidt, Gugeishlmo Beretta, Joseph Hollywood, Edward T. Taylor, Henry Hufschmidt, William Wagner, Fred. Gamboni, Fred. T- Houghton, of Oakland, and An(irew Sharboro, of San^ Francisco; capital stock, fifty thousand dollars. On August 9, 1876, his pseudo-Majesty Emperor Norton Visited Oakland, and issued the following Imperial edict, which, had it been carried out to the letter, would have put an effectual stopper on many matters that have since made many, sore- heads : — Whereas, The action of the United States Senate in the Belknap affair proves the total depravity of the present system and Constitution of the United States, being unable to punish crime, now, therefore. We, Norton I. Die Gratia, Emperor, in ordsr to save the nation from utter ruin and disgrace, do hereby abolish the entire Washington system, and declare the laws of NORTON I. paramount, for the present. In the month of August of this year the submarine cable across the , the bay,. Oatcda'ND Township — City of Oakland. 693 putting Oakland and San Francisco in direct telegraph communication, was laid by the Western Union Tclegrap'.i Company. 1877. — Under date, May 3, 1877, we find the following minute on the records: — "At a special meeting of the Council, held this date at one o'clock P. M., were present: Messrs. Fish, Sohst, Grinnell, Miller, Fonda, Miner, and President Walter. " President Walter stated the object of the meeting; that the same was convened to make definite arrrangements to attend the funeral of ex-Mayor John B. Felton. Suitable resolutions had been prepared, and he called upon Hon. F. M. Campbell, City Superintendent of Schools, to read the same, who rose and pronounced the fol- lowing eloquent and fervent eulogistic resolutions: — Whereas, By the stem decree of the inexorable foe, our community is plunged in deep grief by tlje passing forever from us, in the meridian of his years and in the fullness of his great renown, our loved and venerated fellow- citizen; and ' Whereas, During his residence among us he has ever, as Chief Executive Officer or private citizen, stood forth strong, reliant, and true, as the champion of our city's interests whenever and wherever they have been assailed or threatened, bringing to that service all those rich and rare accomplishments of his great intellect, ripe scholarship, untiring energy, and cool judgment; and Whereas, The unequaled growth and material prosperity of our city, in which he loved to live and was will- ing to die, are largely and chiefly the result of plans conceived, matured, and executed by him; and Whereas, For our splendid educational facilities, by the creation and founding in our midst of the University of California, so much is due to his wise counsel and unceasing labors, prompted and stimulated by his loyal love for learning, and the noble desire to place them fully, freely, and without discrimination, within the reach of all; therefore, be it, by the Mayor and City Council, of the city of Oakland, , Jiesolveit, That in the death of the Hon. John B. Felton, Oakland has lost one of her most distinguished and valued citizens and wisest counselors; the State and county the eclipse of one of its most brilliant intellects; the community of letters a loyal and devoted member; the cause of free, universal education an earnest and self- sacrificing supporter; the law a profound exponent and a shining ornament; and society its model of the true and courteous gentleman —one whose charity was as broad as the frailties of men, and whose ready hand ever responded to the promptings of his unbounded generosity, and who, with a heart as great as his brain, could, in the unceasing pressure of the most important business, always find time and inclination to listen to and advise each and all of the many who were wont to go to him in their dark hours of adversity. Resolved, That the public business of the city be suspended on Friday, May 4th, from and after 11 A. M., and that the municipal officers attend the funeral of our loved friend in a body. Resolved, That, with a due sense of how unavailing are all expressions of human sympathy and consolation in the shadow of so great an affliction, we nevertheless reverently extend to the bereaved family our sincere and heartfelt sympathy and that of the entire community. Resolved, That these resolutions be entered in full upon the minutes of the Council, and a copy, under the seal of the city, be transmitted to the widow of our departed friend. "The resolutions were adopted on motion of Mr. Miner, by the following vote: Ayes, Messrs. Fish, Sohst, Grinnell, Miller, Fonda, Miner, and President Walter — 7. Noes, none. "His Honor Mayor E. H. Pardee then rose and delivered the following elegant and feeling tribute: — Mr. President and Gentlemen of the Council: Gratitude for the kindness ois. friend, as well as rev- erence for the greatness of a man, admonishes me to unite my voice with yours on this sad and mournful occasion, for our departed friend and esteemed citizen. And if an apology be needed that thus early I claim your time and attention, allow me to say that from the lips now closed and fixed, and the voice now hushed in death, came first the encouraging words of deep sympathy, in tones of heartfelt gentleness, when I lay prostrate from sickness, two years ago. And I am glad to know that in every mountain, and in every valley and ravine of California, dear and cher- ished friends join us to-day, with wounded hearts, over the untimely death of this good man. 694 History of Alameda County, California. John B. Felton was a man free from artifice and disguise. His every thought and instinct were chivalnc. Not to adventitious circumstances, not to the chances of birth or fortune, not to the society in which he was thrown, was he indebted either for the distinction to which he rose in life, or to the grace that adorned his private character. He never borrowed the thoughts or sentiments of others. His great mind and noble heart were of American growth, while his manly and eminent virtues served to illustrate our high national character. He had nothing to disguise, nothing to withhold, and nothing to ask for that was not just; and I once heard him remark that he had rather be right and alone, than to be wrong with the whole world. Amid all the fluctuations of public sentiment and all the mutations of party, he pursued the path of duty by the light of principle, and dying, leaves behind him an example of consistency and public virtue upon which the patriot may ponder with pleasure, and from which the mere aspirant for worldly honor may draw an instructive lesson; and his life is a beautiful illustration of the truth that the line of duty is alike the path of safety and the way to honor. ' ' His life was gentle, and the elements so mixed in him That Nature might stand up And say to all the world: This was a man!" "On motion of Mr. Fonda the above remarks were ordered spread upon the min- utes, which was carried nem. cony The following minutes entered upon the official record July 25, 1877, will show to the reader the steps taken b)^ the authorities of the city of Oakland to prevent such disgraceful scenes occurring in their town as had taken place in San Francisco. These are popularly known as the "July Riots.'' "At a special meeting of the City Council held this date at 9:30 o'clock A. M., were present Messrs. Fish, Sohst, Grinnell, Miller, Fonda, Miner, and President Wal- ter. The city clerk read the notice of the call, and the President explained more fully the object of convening the Council — in the main to prevent any insurrection or riots similar to those at the East, and under the present excitement to allay any lawless- ness which might arise, and enact prompt and decisive measures to arrest the same. He called upon his Honor, the Mayor, to address the Council; who stated that he had supposed that Oakland would be free from any lawlessness, but became convinced that decisive measures should be taken. After listening to a speech by Mr. Redstone, on the evening previous, he had therefore requested the President of the Council to call the same together, in order that the legislative body of the city might cooperate and assist the Executive. He had ordered Captain Rand to enroll five hundred spe- cial policemen, to be ready if such emergency existed. Doctor Merritt and Hon. A. C. Henry then addressed the Council, concurring fully in what had been expressed by his Honor, the Mayor. Captain Rand stated that in accordance with an order he had issued from the Mayor, many had made application to become specials, and he had ordered them to report at one o'clock P. M. to-day. "President Walter called upon A. A. Moore, Esq., for legal advice, and that gen- tleman stated that he appeared in behalf of City Attorney Vrooman, who was ill; he read the law, and that portion from the Code to govern the Council. "Mr. Burnham, Chairman of the Board of Supervisors, being called upon, stated that he had called upon the Messrs. Redstone, relative to Franklin Square being chosen for a mass-meeting this evening, and they stated that they would use Jefferson Square for that purpose, and any attempt to incite an insurrection they would sup- press, as they were law-abiding citizens and should respect the laws. "Mr. F. M. Campbell moved that in view of the present excitement Mr. Burnham be requested to wait upon the Messrs. Redstone and get them to desist from holJin^ Oakland Township — City of Oakland. 695 a mass-meeting this evening. Mr. Campbell spoke at length upon the necessity of preventing assemblies of people being congregated and listening to speeches citing grievances and wrongs which would inflame and be destructive in its consequences. His remarks were incorporated in a motion, and upon Messrs. Miller and Merritt being added as the Committee were adopted viva voce. "Mr. Campbell suggested that the Council issue an address calling upon the pitizens of the city of Oakland to abstain from acts of violence, or meeting together for any purposes unlawful, and that the proclamation embody the law upon the subject. The President entertained a motion to that effect made by Mr. Sohst, and it was adopted viva voce. The President appointed Messrs. Fish, Grinnell, and Fonda of the Council, and citizens Campbell, Houghton, Wheaton, and Walker. " Mr. Sohst stated, in view of the public feeling he considered that the Council should, pass a resolution or ordinance not to accept a bid from any paving company or grant franchises to any corporation who employed Chinamen — -it would do more good than five hundred policemen or an address. " A resolution indorsing the action of his Honor, the Mayor, in calling for five hundred special policemen was then introduced and unanimously carried, after which the Council took a recess. On re-assembling. Gen. J. F. Houghton read the following address as the report of the Committee: — To THE Law-abiding Citizens of the City of Oakland : The Mayor and Council of your good city, in view of the unusual excitement prevailing in many Eastern cities, and in the city of San Francisco, and desiring to avoid similar occurrences within our limits, do most earnestly request that all good citizens shall refrain from holding or attending any public assemblies held for the purpose of discussing any grievances or topics of a public nature during the present week, and particularly any public gatherings which may be held to-night, and that all good citizens will avoid joining at this time any public procession, believing that such assemblies can be productive of no good, and that any real wrongs or grievances can be better and more satisfactorily rectified, without the danger attendant upon such public meetings at this time. We have great confidence in our own people, but the gatherings referred to may attract from our sister city, persons who, baffled in their attempts at mischief, incendiarism, murder, and plunder, may visit us in such num- bers as entirely to change the character and intent of the organizers of the proposed meeting. We therefore request — earnestly request — that all good citizens, except those whose duty it is to preserve the peace, repair to their homes at an early hour every evening until the quiet, which at the second sober thought always follows these excitements, prevails in our midst. " Mr. Fish then moved that the address be published in all the daily papers of Oakland, and that ten thousand copies of the same be struck off and distributed by the police authorities, which was adopted. " Mr. Burnham, from the Committee appointed to confer with the Messrs. Red- stone, announced that those gentlemen would confer with, their Committee and give an answer to the Council in half an hour; if they decided to forego the meeting he did not see the necessity of issuing the address. Doctor Merritt here detailed the subject- matter of the Conference to the effect that the Messrs. Redstone would cheerfully comply with what was right. "Mr. Miller considered that the address was opportune and should not be rescinded, which was concurred in by others who spoke on the subject. " Mr. Sohst moved that the address be signed by the Mayor and Council, and attested by the City Clerk, and so published and issued, which was adopted. " The following resolution was then presented and adopted : — 696 History of Alameda County, California. Resolved, That Dr. S. Merritt, L. G. Cole, A. C. Henry, J. M. Walker, George H. Wheaton, and J. F. Houghton, be and are hereby authorized to have enrolled upon a Committee of Safety, all good citizens of each ward to assist the City Authorities in preserving the peace and good name of our city. "Mayor Pardee suggested that when the City Council adjourn they repair to the Union Club Rooms and enroll their names as members of the Union Protection Association. " The Messrs. Redstone here entered the Council Room and J. H. Redstone, in behalf of the Committee, reported that ths Committee of Workingmen had agreed not to hold a mass-meeting; but would have one one week from to-night to discuss the Coolie Question and its bearings, and desired the co-operation of the Council; they had been to some expense in postponing the mass-meeting, which he thought should be defrayed by the Council. Mr. Miller here interposed and stated the Council had no legal right to use its funds for that purpose. The mieeting then adjourned.'" On the 2d of August the Committee of Safety made a report to the City Council : let us see what they did towards a system of protection. They say: "Immediately upon receiving such authority (that conferred by the resolution quoted above) we appointed a sub-committee of three in each ward to canvass and enroll for active duty the citizens of their several wards in such numbers as would insure the effectual sup- pression of any breach of the peace within our city. The result of this canvass was the enrollment of nine hundred and fifty-two names from among our best citizens, divided into seven separate organizations, one for each ward, each under the command of a captain, two lieutenants and other officers, all duly elected by their respective organizations and the whole placed under the command of Col. William C. Little, who was appointed by us the Executive Officer of the whole organization to act under orders of the City Authorities. " The several companies have met at their respective' headquarters every night since their organization for drill and instruction, and have attained a proficiency which will render them of great assistance to the authorities in case their services should be hereafter required; and, although the immediate cause which called it into existence seems to have passed and active drill and regular meetings will from this time be dis- pensed with, the organization will be kept up ready to respond to your call whenever occasion may require.'' President Walter then stated that some expre.ssion should be given by the Council and thanks tendered to the community for their indefatigable exertions in maintain- ing order and preserving the peace of the city, and called upon his Honor, Mayor Pardee, who eloquently responded, alluding to the labors of the Committee, and con- cluded by thanking them and those who had enrolled to prevent insurrection and riot in the city. Mr. Miner next moved that the thanks of the Council be tendered to the Executive Committee of the Committee of Safety, which was unanimously adopted viva voce. Consequent on the death of Police Judge Jayne, on July 27, 1877, the following preamble and resolutions were passed : — Whereas, Through the interposition of Divine Providence we have suffered thi loss of an excellent citizen and the city of Oakland an honest and capable judicial, one who was ever foremost in the maintenance of the right', and the true vindication of the law, therefore be it Oakland Township — City of Oakland. 697 Resolved, That in the death of the Hon. A. H. Jayne, Police Judge of the city of Oakland, this city has sus- tained an irreparable loss. He was free from the taint of corruption; a man whose character and reputation were both commendable and respected; a strict observer of the law in all respects, and dealing with evil-doers to the fullest extent, it can be said of him that he leaves behind a record spotless as a bright and shining example to those who desire to live uprightly and profit thereby. Resolved, That this preamble and these resolutions be spread upon the minutes of the City Council and a copy of the same be transmitted to the relatives of deceased. 1878. — On May 6th an ordinance levying a Library Tax was passed, sind on the 27th the Oakland Library Association and Union Reading-room Association handed over their property to the city, and on the same date Messrs; A.P.Flint, O.H. Burnham, W. W. Crane, Jr., G. M. Fisher, and J. P. Moore, were elected Trustees thereof; and, on June 3d, an ordinance calling for the numbering of public vehicles was passed; while on July 1st, an ordinance to establish and regulate a street market, was promulgated and A. M. Church appointed Superintendent thereof On August 5th a memorial was received from E. J. Kelly and others praying the City Council to abolish the col- lecting of licenses, and employ idle citizens to make bricks and construct the Main- lake Sewer; and, August 5th, the Golden Gate District Agricultural Fair Association was granted a lease for five years of Lafayette Square to erect buildings thereon. On December 2, 1878, the Council ordered the sum of fifty dollars per month each to be paid to the Oakland Ladies' Relief Society and Orphans' Home, and Oak- land Benevolent Society, such amounts to be paid out of the fines collected in the Police Court. On January 20, 1879, however, the Mayor vetoed the ordinance grant- ing monthly stipends, which was sustained by the Council, but afterwards passed with certain modifications. It was again vetoed by the Mayor, but on the 3d February passed over his veto. 1879. — On January 6th, the names of West Twelfth, Twelfth, and East Twelfth Streets were changed so that the whole should in future be known as Central Avenue, In his able and exhaustive message of the 3d of February of this year, in speak- ing of city finances, Mayor Andrus remarks: — " The interest-bearing debt of the city amounts to six hundred and fifty-four thousand ($654,000) dollars. Of this amount one hundred and seventy-three thousand ($173,000) dollars are for the Main-lake Sewer, which will ultimately be refunded to the city, the Supreme Court having decided that such bonds must be paid b}- the owners of the property benefited by the improvement. This reduces the actual fur.ded debt of the city to four hundred and eighty-one thousand ($481,000) dollars, or one and seven-tenths (i ' ) of one per cent, on the amount of the city assessment-roll. There are certainly but very few American cities as large as this that can show as good a financial condition. To offset this debt of less than half a million dollars, the city is the owner of property valued at seven hundred and seventy-five thousand two hundred and twenty ($775,220) dollars, consisting of City Hall, engine and school houses; so that Oakland is practically out of debt, according to the rules that any individual would apply to his own business. The condition of the city's General Expense Fund is not so flattering. On the 1st of January, the Treasurer reports that the bills payable from the general fund, and not paid for want of money, amounted to twenty-nine thousand four hundred and fifty-four and eighty one-hundredths ($29,- 45 698 History of Alameda County, California. 454.80) dollars. This is the floating debt of the city. Instead of beginning the year with all debts paid and cash enough to meet expenses for the next ten months, we commence with this deficit in one of its funds. "The following statement shows the probable condition of the city finances next November, when the proceeds of the next tax levy will be realized: — Cash on hand Jan. I, 1879. less deficit in general fund $74.66o 70 Receipts from Wharf Licenses, Police Court, etc., for 10 mo 47.00° 00 Total available for 10 months $121,660 70 Ten-twelfths of last year's expenditures 401,203 91 Apparent deficit ...$279,543 21 Deduct extraordinary expenses 41,30 00 Estimated deficiency November i, 1879 $238,243 21 "I have based this estimate entirely upon various official reports, and I am con- fident that it is within the limit. There must be very close economy or the figures will be a good deal larger. This floating debt has been accumulating for a long time. For several years the rate of taxation was not high enough to- give the needed revenue. There have been large expenditures incidental to the City Hall fire; many thousands of dollars were wasted in military demonstrations and needless preparations, at the time of the eastern riots in 1877; and the building of the roadway, to take the place of the Twelfth-street Bridge, has been one incessant drain upon the public treasury, having absorbed $17,000 last year. These unusual expenditures are thus itemized: — Hook and Ladder apparatus $ 4,000 00 Hose 2,00000 City Hall Furniture 15,00000 Dredging in front of City Wharf '. 3,3^9 50 Twelfth-street Roadway and Dam 17,004 00 Total $41 ,373 SO ""But when these things are taken into account, the finances of the city will be found to be in a deranged condition. The practice of using the funds of one fiscal year to pay the debts of a previous year has been most pernicious. It has drawn away scrutiny from financial matters, and extravagance or carelessness becarne easy- About four years ago, bonds were issued to pay off just such a debt as we are rolling up now, and a fresh start was made, with money enough to meet all requirements. The several Councils that have had control ought to have kept the city in the -same respectable financial position. If the floating debt is to go on accumulating,- as it has been, we shall not long have occasion to boast of our freedom from a vast issue of bonds. The great depression in every branch of industry prevailing throughout the year, and continually growing more severe, could not help but affect, unfavorably, the city finances, and in many ways diminish the income of the treasury. "The School Department should have limited its expenses to its probable revenue. Neither the Board of Education nor the City Council has the right to contract bills when there is no legal mode of raising money to meet them. No matter what possible results may have been predicted, the city officials should have laid their plans in strict accordance with the amount of money placed at their disposal. If, as may be claimed. Oakland Township — City of Oakland. 699 the Legislature has placed too many restrictions upon local authorities, relief should have been sought at the State capitol, not by disregarding what were intended to be safeguards. "This deficiency must come, for the machinery of the^City Government cannot be stopped. The pressure of public opinion and the dictates of common-sense require the Council to maintain the means of preserving the peace and security of the city, and the safety of the property of the people. The Council cannot now be expected to suspend the affairs of the city, as of a broken bank, nor do I know of any legal requirement that makes it necessary for them to do more than limit their contracts to what would have been under their control had the debts of previous years been paid. "The amount is not enormous when the wealth of the city is considered, but there should have been a funding bill, or the power to levy an extra tax, a year ago, when these facts were almost as evident as they are now. It will be^ necessary to seek Legislative relief next winter." In speaking of public property he says: — " Annexed are reports showing the nature and value of real estate, buildings, and personal property belonging to the city. I summarize these statements as follows: — School lots .__ $125,500 00 School buildings 160,000 00 School furniture 30,000 00 Engine-house lots 7,600 00 Engine-houses 9,000 00 City Hall lot 250,000 00 City Hall and prison ; 30,000 00 City furniture, fixtures, etc 18,000 00 Library building 3,000 00 Other buildings on same lot 500 00 City Wharf and water front 75,000 00 Fire Department apparatus, etc 54,620 00 Telegraph and fire alarm ' 16,000 00 Total value of city property, $779,220 00 " In addition, there are several public squares. If private property, and placed upon the market, they would probably bring half a million dollars. I think that the city has not duly considered the importance of retaining and ornamenting these grounds. They should be held sacred for the use of the people. As soon as the city is densely built, they will be regarded as priceless. The work of beautifying them should be commenced at once, and be carried on as unremittingly as the finances of the city may permit." On public schools he observes: — "Doubtless every citizen of Oakland feels a pride in our system of public schools which is here carried to an unusual degree of perfection. The annual report of Super- intendent Campbell is a complete showing of the present condition of the schools, and facts and figures will give the answer to almost any question that can be possibly asked. I wilhnot attempt a summary of its figures, but would direct careful attention to therh. The connection between the School Department and the Mayor and Council is not close enough. Though required to pass upon appropriations, there are not 700 HisTORv OF Alameda County, California. adequate means for coming to a correct judgment. The Department is a government within itself, and it might be managed very badly for some time before the Council could become aware of it. The repairing of buildings that are almost new; the repainting of the Cole School House, so soon after its erection, are facts which indicate carelessness, neglect, or dishonesty somewhere. I cannot specify or charge anything wrong, but I allude to these appearances for the purpose of stimulating inquiry by the proper parties. Education is the foundation of our social and political system. It is essential to the well-being and existence of our free republic, and by generously devoting to it a proper share of our resources, we perform a high and patriotic duty- The high regard we all have for works of patriotism, education, religion, or charity often leads us to overlook defects through the too common fallacy that criticism must be hostile. The professed friends of an institution may sometimes place it in greater peril than could result from the active opposition of its enemies. This thought is sug- gested by the' scandals which now fill the air relative to the sale of examination questions. As yet, the reputations of those connected with the schools of Oakland have not been injured, and we should all feel gratified that our city has been free from exposures that have carried consternation to so many other places. Here is an instance where the friends of the schools have, in some respects, been causing them harm. Perhaps our own citizens have not been sufficiently close in the investigation of the financial affairs of the department. We all want the best educational facilities that can be obtained; but it is also expected that they shall cost no more than they are reasonably and properly worth. We can approximate to that by instituting com- parisons with other cities where the schools are as nearly perfect as they can be made. The average cost per pupil for one year, including interest on permanent improve- ments, was $45.33; without interest, it was $29.82. This is less than in San Fran- cisco, where expenditures are supposed to be on even a more liberal scale than in Oakland, but higher than in nearly all other cities in America. Pride in the schools should not blind the judgment. When there is a fixed sum placed at the disposal of our Board of Education, however, it is a wrong upon the community to exceed it. The officers are under the most solemn instructions that can be given to make use of just so much money to the best possible advantage, and all their plans must be shaped accordingly. If the present schedule of salaries cannot be maintained, stern necessity should compel revision. There should not be a continued adherence to any policy which is known to be too expensive for the funds that are available. I believe that the general management of the schools has been efficient, and that there has been competent and intelligent supervision." In treating of the Police Department his remarks are to the following effect: — . " W. F Fletcher, Captain of Police, has prepared a very complete report of the workings of his department during the year. The standing of the department has been improved, its discipline is better, and there seems to be no reasonable cause for complaint as to its efficiency. The statistics have already been submitted to your honorable body. The reputation of a Police Department has great effect upon the order and quietness of any city. It is cheaper and easier to prevent crime than to detect it. The knowledge that policemen are vigilant and intelli- gent, and are present in the places where required, exerts a powerful influence in \ Oakland Township — City of Oakland. 701 preventing the commission of crime. Temperate habits, cool and deliberate judg- ment, tact and shrewdness, combined with firmness and decision of character, are among the requirements ot a police officer. Gentlemanly deportment, coupled with the ability to cope with unruly characters, are required. The number of arrests is not a test of efficiency, for that must, to a great extent, depend upon the respectability of the neighborhood in which an officer is stationed for duty. They should be chosen solely with reference to their fitness for the position. Appointments should not be a reward for political service, nor should they be conferred upon persons through con- siderations of family connection, or sympathy for those who may have failed in other pursuits. There should be a standard of health, age, and stature, to be applied to all new appointees. If unworthy men have been placed in positions, if there has been dishonesty, those who are guilty should be promptly removed; but their misdeeds should not be the occasion for the condemnation of men who are above such unworthy practices. "There have been rumors that some of the laws governing the department have not been strictly enforced, but no definite charges have been brought to my attention. Thorough discipline is essential to efficiency, and the power of my office will be exerted to enforce it. " Captain Fletcher recommends that the number of officers be increased from twenty-two to forty. I think that there should be, on an average, one policeman for each fifteen hundred of population, which would give us thirty men. This seems to be the ratio most commonly found in other cities. Every policeman should be, also, a detective. He should be charged with the investigation of crime occurring in his beat, which would increase his vigilance and be a stimulus to his ambition. It would develop the faculties of the men, and indicate those who, at the proper time, should be promoted to the highest department of police service. " Tenure of office should be secure. Officers who have long been in service, and who have made honorable records, should not be harassed by the fear that they may- at any time be displaced by men who have not shown any merits superior to their own. "The Captain of Police calls attention to the necessity of enlarging the City Prison. The basement of the City Hall should be filled with cells, built of brick and iron, instead of building only two iron ones. It might cost about three thousand dollars. Prisoners could be kept separate; boys and petty offenders would not be brought into contact with hardened criminals, an evil which is of enormous proportions in most cities. The overcrowding of jails is a too common act of inhumanity. Such an enlargement of the present prison will suffice for a number of years; but the time will come when a separate building will become necessary. "There are objections to the special police system, but it is difficult to see why there should be any opposition to giving police authority to private watchmen whom the people may desire to employ. It would be unwise to entirely abolish the system, but there must be great care and discrimination in regulating it, on account of the liability to abuse. I have no doubt that there are times when the influence of the special police counteracts the efforts of our regular officers in ferreting out crime, but such cases are the exceptions, not the r;ule." 702 History of Alameda County, California. He observes of the Fire Department, that most useful and efficient branch of the city government: — " The Chief Engineer of the Fire Department has already submitted to you his annual report, which is a very complete and exhaustive document. He recommends the placing of hydrants in certain localities. It is the result of my observation that it is cheaper to erect hydrants near together than to buy hose; and that these sources of water for our engines should be so near to each other that in any possible case one reel of hose would be sufficient to reach the fire. In neighborhoods remote from engine-houses, it would be possible to extinguish incipient fires before the arrival of engines. Property-owners might procure hose of their own, to be used in such emer- gencies. " The old Hook and Ladder apparatus in East Oakland would be of great use if a horse were purchased and a driver hired. The expense would not be much, and in a few minutes it might save thousands of dollars worth of property. East Oakland covers a large area; it has but one fire-engine, and it seems to rhe that it should have better means for extinguishing conflagrations. " The house of Phoenix^Engine Company, No. i, is not fit for the purpose for which it is used, and, instead of being located on a side street, it should be on some one of our prominent thoroughfares, and I would suggest San Pablo Avenue. A commodious structure should be erected so that ordinarily decent quarters may be provided, not only for the firemen, but for the horses. This improvement ought to be made at once. In this connection, I desire to make a suggestion in reference to salaries paid to fire- men. By comparison I find that they are forty per cent, lower in Oakland than in other cities on the Pacific Coast. In Oakland the engineers receive $60 per month; in San Francisco, $140; Sacramento and Virginia City, $100; and the same disparity exists as to the other employes. I think that the pay of our firemen is too small. They have to be ready for duty at all times, and I do not think that the compensation is fair. I would suggest a remodeling of the schedule of salaries so that the men may be paid what their services are reasonably worth. The fire-alarm apparatus, etc., in Oakland is probably more complete than in any other city in the United States. This is a very broad statement, but is fully justified by the municipal reports that come from all quarters. The automatic system is most complete, and the planning and operation of the fire-alarm telegraph reflects great credit upon Mr. Carleton, the Superintendent. It has. been erected at a cost that seems nominal when compared with what is expended for similar purposes elsewhere. The efficiency of the Fire Department is largely due to the promptness with which the alarms are given." On the subject of public improvements Mayor Andrus says: — " In the opening portion of my message I intimated the great value of having a system for our street grades and sewers. Large numbers of lateral sewers have been constructed, and Lake Merritt has been connected with the bay by a main sewer. To preserve the high level of water in the lake, the construction of a permanent dam was necessary, and some seventeen thousand dollars have been expended during the last year. The building of a roadway was incidental to this. For years public money has been expended upon this work, and the results do not promise to be commensu- ate with the expenditures. In attempting to do this work cheaply, there has been a Oakland Township — City of Oakland. 703 considerable waste of funds. Had this Council, in the beginning, projected an improvement that would have lasted for all time, it would have been the most economical course. Temporary work is rarely cheap or profitable. "The City Hall has been rebuilt at a cost of about $22,000. It affords ample accommodations for the various city offices and is creditable to the city. It has been appropriately furnished, and there are suitable safeguards against future conflagra- tions. A convenient office has been fitted up for the Mayor, and I may here observe that I have kept ordinary office hours except when called to other parts of the city by public business. The necessity for this has been made evident by the great num- ber of persons who call to lodge information upon various matters of general interest,, and also to ascertain points in which citizens are interested. I find that there is quite enough business to occupy the time of the Mayor for several hours each day in his. office. " The report of the City Engineer shows that there are thirty-eight miles of sewers in the streets of Oakland, excepting main lake sewer, which is two and one half miles long, and that there are fifty-one and one-half miles of macadamized streets. Last year the property-owners paid for sewers and grading and macadamizing $254,140, which itemized, shows that twenty-four thousand feet of sewer-pipe was laid, or about four and one-half miles, costing $24,140. "The length of streets macadamized, thirty-six thousand feet, or seven miles, costing $180,000; length of streets graded, forty thousand four hundred and forty- seven feet, or about eight miles, which cost $50,000; all of which speaks well for our property-owners, who are so liberal to improve our city. There is a resolution of the Council against macadamizing streets until sewer, gas, and water pipes are laid. This rule ought to be adhered to most rigidly; the damage caused by tearing up improved streets is very great; and it is a burden which should not be imposed upon property- holders. " Plans and specifications for the main creek sewer have been submitted to the City Council. The work, if done, will be under an Act of the Legislature passed April 3, 1876. The cost is to be assessed upon property according to area, and is to be paid when the work is completed. This cost is not likely to be less than $300,- 000, and it is estimated that the charge upon a twenty-five foot lot will be something more than $31.00. The sewer will be three and one-third miles long, and it is designed to carry into the bay of San Francisco the sewerage of the part of Oakland capable of being drained into it. At present this sewerage is taken away by the tidal flow of the San Antonio Creek. The necessity for building the sewer now may be questioned, but I do not propose to discuss the reasons that may be given for or against it. I think that the improvement should not be made under such a law as we now have. The work ought to be done in small sections, so that there can be full competition among the great body of contractors, and property-holders should not be expected to pay so heavy an amount at one time. It would be almost ruin to hun- dreds of people who own property that does not yield large rents. The lake sewer was paid for by the proceeds of the sale of bonds, though its cost is only a trifle, over half of the estimated cost of the present work. Besides the contractors would have to be kept out of their money for a long time, as it would take many months to do 704 History of Alameda County, California. the work. They will be obliged to increase the amount of their bids so as to cover interest and contingencies. At the next session of the Legislature, there may be obtained a law more simple in its workings, and one which will provide for an easier mode of payment. If this work can be given out in sections, paid for as it progresses, the total cost will probably be less by forty or fifty thousand dollars, and the people can well afford to wait for a year to save that amount of money. "There have been many complaints about the leakage from the main lake sewer at the bay end. I have examined into the matter, and am satisfied that the only remedy is to ceil it on the inside with tongue and groove lumber, covering the bottom and sides only. It would require about forty-two thousand feet of lumber, and, with the needed labor, would cost about $2,100. The street might be filled in, which would cost about $6,000. This would not, of course, prevent the leakage, but might counteract its effects. The health and comfort of a large community require that this should receive early attention. "The Eighth- street Bridge has proven to be an important work. The streets connecting with it have been graded and macadamized, and a large amount of travel passes daily. It has exerted an appreciable effect upon real estate values.'' In dealing with the Free Library his Honor states: — " The Free Library is a new institution, and it is only becoming known that it is open to every resident of Oakland. The Secretary submits a report that shows -the history and present condition of the library and reading-rooms. It will strike every one that the number of volumes is insignificant. Only four thousand books and a population of forty thousand people ! There ought to be a large surplus over the amount needed for current expenses, to be used for the purchase of books. The Library is sadly deficient in works of a scientific nature, books pertaining to agricult- ure, and to mechanic arts. The Secretary does not report it, but it is understood that seventy or eighty per cent, of the circulation consists of works of fiction. As the collection becomes more comprehensive, this proportion will be reduced. There has been much complaint because tax-payers who live beyond the city limits are not allowed to draw books. It is but common justice that this rule should be reversed. I cannot too strongly commend the idea upon which our Library is based. The dif- fusion of intelligence among the people is an object of the highest importance. The benefits of free books and periodicals cannot be estimated in money. The city is wise in giving encouragement to the project, and if the management is discreet and economical, their institution will, in a few years, be Oakland's pride. Appropriations have been liberal, and we have the right to anticipate a grand success and to be an exemplar for other cities." He treats of the all-absorbing topic of the Chinese population as follows: " No greater calamity ever befell the property-holders of San Francisco than the locating of the Chinese quarters in the very heart of the city. The district inhabited by Asiatics has been steadily increasing its boundaries, and a blight has fallen upon real estate, in what might have been a center of business. It is time that the author- ities of this city should take proper precautions, if possible, to prevent such a misfor- tune from occurring here. If the measures pending in Congress become enacted into laws, there will be a cessation of Chinese emigration; but our past experience leads us .'A 1 Oakland Township — City of Oakland. 705 to be slow in building up expectations of this kind. We should proceed as if we knew that the Chinese were to continue coming, and do what we can to mitigate the evils that are threatening. The Council has the power to regulate such trades or occupa- tions as may be nuisances, and under its general police powers, it could regulate the location of laundries or wash-houses. In some neighborhoods they are nui- sances, while in others the people have no objection to them. It has often hap- pened that one of these establishments would, be started in quiet neighborhoods, given up to residence purposes, which would seriously detract from the value of surrounding property. One individual should not have it in his power to depreciate the value of the real pstate of others. The consent of at least a majority of the persons owning property in a block ought to be obtained before a license should be given for carrying on a laundry. I believe that the Countil has the undoubted right to do this. It con- 'cerns the welfare of real estate owners, and would be a very great protection. As the wash-houses here are centers from which Chinese quarters are likely to extend, such a regulation as proposed would drive the Mongolian population to portions of the city where their presence would not depreciate the value of property. As a strictly sanitary regulation, all prisoners in the City Jail undergoing sentences should have their hair cut short. It is a rule dictated by constitutions of cleanliness, and one that has been enforced in many American prisons from time out of mind. It should not be violated through any plea of religion or superstition. Its result might be the pa)'- ment of fines by Chinese criminals, which is preferable to keeping them at public cost, and would be regarded by them as a more severe punishment. The presence of these people is in every way undesirable, and should be discouraged by every legal method, direct or indirect. Our own citizens cannot compete with them as laborers, because people who are American citizens, are usually burdened with the responsibility of pro- viding for a wife and children, while the Chinese are not. Not only the more humble laborers, but the whole body of mechanics arfe theatened with pauperization. The . fears of most of the capitalists are becoming aroused, because they see that the life and energy of the country depend upon the prosperity of the masses, who must meet the wants and gratify some of the tastes of civilized life. The hordes of Asiatics ha\e not these wants and tastes. They are an incubus upon our development, and the public opinion of the nation is fast recognizing this fact. "The pure air ordinance, it is believed, is not enforced in many cases to which it is intended to apply. The law is a good one, whether applied to Chinese or to white men, and I hope that greater attention will be given to it. The Chinese, it is notori- ous, are almost the only offenders, Caucasians not needing such law to compel them to observe one of the fundamental rules of health." Of affairs on the water front he speaks in the following strain : — " The City Wharfinger has submitted a report showing the amount of business transacted since it was built, in 1873. The steady increase in the amount of business is noteworthy as, lately, there have been built other wharves at which equally large quantities of merchandise are landed. The city wharf was first used in August, 1873, and its gross earnings have been $47,944.67. Its cost was $20,000. The losses have aggregated only $270.20 for the entire period. A credit of thirty days is authorized, and certainly this number of bad bills has been astonishingly small. During the last 700 History of Alameda County, California. year, a deep channel was dredged around it in response to a petition by merchants, fortified by the action of the Merchants' Exchange. Any ship that can cross the bar can now lay at the wharf without grounding during low tide. The rates of wharfage and dockage have been reduced, but are notyet on a level with those in San Fran- cisco. The charges for large vessels are about the same, the reduction effecting prin- cipally the small crafts. I do not think that harbor charges in Oakland should be greater than in San Francisco, for it is proverbial that the course of commerce may be changed by the scale of port charges. " The city has power to regulate the anchorage of vessels and other matters, and I think that our local commerce is extensive enough to warrant the Council in taking some action in this matter. It need entail no extra expense, and would lessen the danger of collision and damage to public and private property. It might be proper to confer upon the Wharfinger the powers usually exercised by a Harbor Master. "The improvement of the Oakland Harbor is a subject of paramount importance to our city. Officially, the Mayor has no connection with this matter, and possesses no information which is not common to the people. It is a matter of deep regret that parties owning the tide lands have not come to an agreement with the United States Government and executed an abandonment of the property needed. I believe that an adjustment of the controversy is near at hand,.and that the city will suffer no longer from the delay. If it be not settled, the contest must be taken by the Government to the courts, and there would be long and vexatious delays. The value of the work already accomplished is very great, as ships of twelve and fifteen hundred tons now come into the harbor, saving the cost of rehandling freight in the bay. It will be a great step in advance when ships can be laden with wheat in the estuary, and will give a powerful impulse to the development of home business. This portion of the city fixes it as the railway terminus of the Pacific Coast, and it must, ultimately, have a large share of the general commerce of the State. Wonderful advances have been made and still greater changes are sure to come. We do not expect to take anything from the prosperity of San Francisco, but we do have faith in the future of Oaklaind as a place of equal importance with the present metropolis. The aid of the Govern- ment is invaluable, and whenever it may suggest any practical measure to the Council to help along the project, it will be most heartily seconded. An imperfect knowledge of the plans of action, necessarily withheld by the Chief of Engineers, renders it impossible to make more extended reference to what is our most important interest." Mr. Andrus then winds up his message with the following very apposite remarks on retrenchment, public economy, and concludes with a laudatory peroration on the Workingmen's Party of which he was the choice for the high office of Mayor of the city of Oakland. " There is no patent remedy for municipal extravagances. There is not any one measure that will produce such a change as may be needed. Every officer, in all departments, must devote his attention to the smallest details, and see where it is pos- sible to retrench. There can be some retrenchment in the Police Department. The salaries received by officers exceed those paid to mechanics or men in quite responsi- ble clerical pursuits. I have already expressed my opinion of the high standard that should be required, but it is no higher than is expected of a master mechanic or the Oakland Township — City of Oakland. 707 leading book-keeper in a mercantile house. Unlike a mechanic the pay is continuous; sick or well, it goes on, and very properly. In most of the Eastern cities, the cost of living is much higher, while the pay of officers will not average more than one thou- sand dollars per annum. I do not see the necessity for two detectives, always dressed in citizens' clothes. The designation of officers as Sergeants, etc., necessarily takes some from the number of active policemen, but there is not enough crime committed, or possible of detection, to require the services of two men continuously. There might be greater economy in procuring supplies for the Fire Department and a closer system of checks in making repairs. I am of this opinion because of the rather large reported expenditures for this purpose and not specifically accounted for. A few years ago, a Council proceeded systematically to investigate every city office, and as a result of its work, minor changes were made, which saved niany thousands of dol- lars in the current expense account. It seems to be a proper time to have another such overhauling. The importance of a low rate of taxation, a light debt, and a repu- tation for careful municipal management, are powerful influences in determining real estate values. If there were recklessness in incurring debt it would deter thousands of people from taking up residences in our city. The growth and prosperity of Oak- land cannot be promoted more effectively than by maintaining a cheap government and conducting its affairs upon a sound basis. " When the Workingmen of Oakland elected their candidate for Mayor, there were many reckless and unfair statements, to the effect that property would decline in value; that communism would- prevail, and woes unutterable overtake our fair and prosperous city. The false statements made as to the objects and aims of the party, may have induced some to believe these sweeping assertions; but their incorrectness has long since been shown. The Workingmen have wanted nothing but exact and equal justice in the administration of public affairs. They want to protect their own homes from the needless burdens of taxation, and to make it easier for those who are fighting the battle of life to obtain homes for themselves. Honest men have nothing to fear from the success of this party. Its mission is to protect and save; not to tear down and destroy. It is to prevent legislation that gives privileges to the few at the expense of the many; to prevent public robbery under any and every name. It is also devoted to the prevention of Chinese immigration and the freeing of the country from the presence of a class of people who are paralyzing our industries and driving our laboring classes to the verge of want. Faith in it by the masses is shown in this city by its progress last year. The number of houses erected, and their value, is but a trifle less than during our most pr'osperous year, yet the season has been one of unprecedented financial stringency. The people have long ago learned that the cries of communism, and many other isms, are false alarms raised to prevent the success of great reforms. The discourteous treatment at first shown to officials selected by this party has almost disappeared. It is recognized as having great and important objects, which will promote the welfare of the whole people, and will remain in power as long as it is faithful to its high and important duties. "The effect upon national legislation is becoming evident. Public men and public journals no longer favor the presence of Chinese. It is admitted now that the con- siderations of the loftiest statesmanship require restrictions to be placed upon their 708 History of Alameda County, California. fcoming. So gratifying a result is due wholly to the uprising of the masses in this State, their success at the ballot-box, their determination to rely no longer upon promises by politicians of the older parties. As a successful candidate of that party, I have done the very best I could to fulfill the duties of my office properly. Others who have held the office have been conspicuous for their learning, their attainments in the professions, their wealth, or high influences. I have had none of the advantages that may come from such sources, and if I have at any time erred, I hope that critics will not be harsh in their censure. I have given my strictest personal attention to all questions upon which I have the right to act, and in some cases I have come in con- flict with the City Council. It is natural that men of different political parties should think differently upo.n public questions, and, in the interposition of vetoes, I have been governed by my own sense of what was right or politic. I can forget the little acts of unpleasantness that might be recalled, and endeavor to remember only the pleasant things of my official term. I feel that a more thorough acquaintance of the Councilmen with the Workingmen's Mayor has by degrees increased their regard, and dispelled some of the unpleasant anticipations that may have been formed. "If the city of Oakland comes under the government of men of this party, some of the errors of the past will not be repeated. There will be a substantial promise and an economical administration. Tax-payers will feel that their burdens are as light as possible, and that their money is applied with care, fidelity, and honesty. The name and fame of Oakland will increase in brightness with another political vic- tory. Its reputation, for good government, for safety of .life and property; its success in the race for municipal renown, will be promoted if its destinies are committed to the Workingmen's Party.'' On August lo, 1879, an ordinance releasing to the United States certain portions of the water front of the city of Oakland was passed. Perhaps the most noteworthy event of the year was the visit to Oakland of General Grant, the hero of the War of the' Rebellion, and twice President of the United States. Every city, town, village, and hamlet that he visited were unani- mously demonstrative in their efforts to do him honor; and the citizens of Oakland were not behindhand in the heartiness of their welcome to him, after a "royal progress" around the world. It was a spontaneous greeting to his native shores, from a people who acknowledged all that he had done towards keeping the integrity and honor of the nation. At a meeting of the City Council held on the 15th September, the following pre- anibles and resolutions were passed, showing the steps intended to be taken by the authorities on his arrival on this side of San Francisco Bay: — Whereas, Information has reached the City Council that his Excellency Ulysses S. Grant, ex-President of the United States, is on his way from Japan, and will probably arrive in the city, of San Francisco within a few days, and that it is his intention to remain in California some time before proceeding to his home; and Whereas, The people of this city, as well as those of the State of-California and of the whole country, with- out regard to party or section, profoundly esteem his many distinguished services as soldier, statesman, and private citizen. Now, Therefore, The Mayor and City Council of the city of Oakland do hereby, in behalf of the citizens of said city, and of the municipal government thereof, tender and present to General Grant the freedom of the city of Oakland, and request that he will visit the same at such time as he may name for that purpose; and Whereas, At a public meeting of citizens held in this city, to take preliminary action to tender to General Grant a public reception, a committee was appointed by that body, consisting of nine p"sons; therefore Oakland Township — City of Oakland. 709 Resolved, That the Mayor and members of this Council will cooperate with said committee of citizens in making necessary arrangements for the purpose above indicated. Resolved, That upon receiving telegraphic notice of the signaling of the steamship City of Tokio off the "Heads," the Mayor be requested to cause the American Flag to be hoisted on the City Hall, and the Superin- tendent of Fire Alarm be and he is hereby authorized and directed to cause the fire-alarm bell to be sounded for five consecutive minutes, to give notice of the return to his country of America's most distinguished citizen. The President of the Council then appointed Messrs. Babcock, Hewes, and Cole a committee to cooperate with the committee of citizens, to act as a business com- mittee for the purpose of carrying into effect any arrangements which may be made in relation to the proposed visit. As we have said, the reception tendered to the famous General by Oakland and her citizens was a perfect ovation. So soon as he touched the soil of Alameda County, he was met by Mayor Andrus and the City Council of Oakland, when his Honor, stepping forward, said: — General Grant; Your merited ovations have encircled the world. They have been as grand and as varied as the nations who have offered them. And, yet, among them all, there has not been a more earnest, sincere, and cordial welcome than that which the city of Oakland now extends to you. This is preeminently a city of homes and of families; of .husbands and of wives; of parents and of children; of churches and of schools. There is no earthly tie more sacred and lasting than that of the family. At the family altar the fires of liberty are first enkindled, and there patriotism is born. The love of home, of kindred, and of country, is one. This is the source and the fountain of our welcome to you, the defender of our country, our firesides, and our families. I am author- ized to further present to you this official expression of good-will from our city authorities. The freedom of the city, with the resolutions quoted above, were then tendered to and accepted by General Grant, who thereupon grasped the hand of the Mayor, and gave expression to the following characteristic speech: — Mr. Mayor: I thank you. At a meeting of the Board of Supervisors held December 8, 1 879, the District Attor- ney presented a written opinion that the Board had no power to grant the right of way over the Webster-street Bridge, arguing that the Board can only act within its delegated powers; that the bridge is a public highway; and that the Board holds the bridge in trust to maintain, repair, and renew the same in the manner provided origi- nally to be done by the town of Alameda and the city of Oakland. It was a question whether the Supervisors had any right vested in them, specially, to grant such a priv- ilege. It was asserted that, by statute, any steam railroad has the right to run upon, along, and across any navigable stream, watercourse, street, avenue, and highway, without asking for such privilege from the Supervisors, although any person or corpo- ration might not attempt to exercise such a right without making a respectful request to the Supervisors. At the instance of Theodore Meetz, the President of the Ala- meda and Oakland Horse Railroad, Judge Daingerfield, of the Twelfth District Court, in and for the city and county of San Francisco, granted a temporary injunction, commanding the Supervisors of Alameda County to desist from granting any fran- chise to A. E. Davis (President of the South Pacific Coast Railroad Company) or any- body else, to use Webster-street Bridge for railroad purposes. It will thus be seen that there were a few persons making extraordinary efforts to head off the narrow-gauge railroad from entering the city. It may be remembered that Mr. Meetz enjoyed,?and still enjoys, a portion of the bridge for his horse rail- 710 History of Alameda County, California. road, and it is not unforgotten, perhaps, how his rails were laid over the bridge between a Saturday night and a Monday morning, while it can be readily understood that a question would arise naturally enough in Mr. Meetz' mind as to the probable effect the construction of the narrow-gauge railroad into Oakland would have upon the profits of his line. But that benefit would undoubtedly result was certain, for it was absolutely necessary that means of communication with the northern portion of the city should be opened. To this end the right was ultimately very properly granted, and after considerable opposition, power was given to lay their track along Webster Street, March 6, 1880, after a very stormy discussion. 1880.— On January Sth, a resolution indorsing the new charter was passed. This document was a tolerably faithful copy of the existing laws, as far as they did' not conflict with the new Constitution. The portions which related to street work were radically changed. It abolisbed the office of City Marshal and substituted a Tax- Collector and a Superintendent of Streets. It required the funds for a year to be divided into four equal parts, while many other changes were made calculated to facili- tate the working of the various departments of the city government. On February 2, 1880, an ordinance repealing certain other ordinances passed by the Trustees of the town of Oakland was passed. There were; ist. "An Ordinance for the disposal of the Water Front belonging to the Town of Oakland," passed finally, May 18, 1852; 2d. " An Ordinance to approve the Wharf at the foot of Main Street, and to extend the time for constructing the other Wharves," passed December 30, 1852; 3d. "An Ordi- nance concerning Wharves and the Water Front" passed August 27, 1853. In his message of February 2, 1880, Mayor Andrus remarks on the city's rail- road policy in the following terms: — " The last year has been characterized by an unusual activity in railroad enter- prises, and there is a prospect that at no distant day the Southern Road, projected by Boston capitalists, will connect the Atlantic and Pacific coasts. A railway company which already has extensive connections is asking for admission to our city. We should cherish the hope that in due time an independent transcontinental railroad would seek Oakland as its western terminus. The great prosperity that has resulted from the location of the terminus of the Central Pacific in this city, is a proper guide for estimating the benefits that may follow the construction of other railroads. The city must have open gates for all railway companies that are willing and able to extend to us their lines. The interests of the city will be best promoted by the loca- tion of depots and stations in a central part, and it is a proper time now for the Coun- cil to outline a railroad policy that will serve in future contingencies. The Central Pacific extends through the city from east to west. It is proposed that another road shall pass through the city from north to south. Such seems to be a necessity that results from our geographical situation. Whenever the property-holders who are immediately concerned give their consent to the use of a street, it will doubtless be designated as a thoroughfare for the railway that will connect u^ with a part of the Statp which has not heretofore been tributary. It will double our ferry facilities, and t'.ius greatly increase the desirability of Oakland as a place of residence for persons whose business is in San Francisco. It will give to Oakland merchants the trade and Oakland Township — City of Oakland. 711 traffic of an extensive territory not otherwise reached by rail. It is of prime impor- tance to the people of Oakland that some strong corporation should have an apparent and powerful interest in the improvement of the Oakland harbor. A railway company whose road terminates at docks inside of the estuary could not fail to be a powerful ally of the city in securing from the Federal Government the aid that is needed for the improvement of navigation. It is presumed that the influence of one corporation has checked the progress of this work. It will be fortunate if more corporations of equal strength are just as much interested in having the work carried on. It should be the policy of Oakland to extend a welcome to any railroad corporation that wishes to gain an entrance into the city. It is not enough that we are connected with one system of California roads; we should have connections with others that now exist, or which may hereafter be built. The property rights of every citizen should be most thoroughly guarded, but care should be taken that the plea for property rights is not an argument in a disguised form for the prevention of railway competition. Any applications for franchises .should be viewed in a liberal and far-seeing way. It should never be a matter of doubt abroad whether the people of Oakland will permit the extension of another railroad into their city. It should be heralded far and wide that our citizens realize that they occupy the terminal city, as designated by mountain chains, rivers, and arms of the ocean, and are opening wide doors to all who can bring business and prosperity." He also says of the water-front suits: — " Early in the history of the city the entire water front was conveyed to private parties for a consideration that seems frivolous, and it has been the prevailing opinion that the transaction was illegal, and probably fraudulent. In the year 1868 there was a compromise by which the title was conveyed to the Water Front Company, as far as it was in the power of the Council to make such a transfer. The city obtained nothing from the compromise, except the small area of overflowed land now occupied by the city wharf Subsequently Congress authorized various appropriations for the improvement of the Oakland harbor, and considerable sums of money have been expended, so that vessels having a thousand' tons of freight can now be brought to our wharves. The last Congressional appropriation was coupled with the condition that it should not be used unless the claimants to the bed of the estuary and the water frontage, on which the training-walls are constructed, should abandon whatever title they may have asserted to that property. The United States engineer's lines were located so that the harbor would come up to the demands of an extensive com- merce, and be accessible from many points on the mainland without passing over any intervening strip of private property. The Water Front Company has not abandoned its claim to the arm of the Bay which is included within the Government lines, and in consequence there has been no further expenditure of money to carry on the improve- ment. This refusal on the part of the Water Front Company has brought the whole question very prominently before the people of this city. The work that was thus summarily checked was universally regarded as of prime importance to Oakland, and its completion as an event that would bring with it a new era of commercial prosper- ity. The legality of the private claims that had been, asserted with such, damaging effect was disputed, much legal authority concurring in the opinion that the title to History of Alameda County, California. the whole water front still remains in the city. The right to fix and collect dockage and tolls is considered to be one of the attributes of government which cannot be alienated. _ If the Water Front Company's ownership of the bed of the estuary could be disproved, there would be nothing to prevent the Federal Government from resum- ing work, and many citizens advised the commencing of suits to that end. In the mean time the Central Pacific Railroad Company, and one of its Directors, individually, brought suits against the city to quiet the title to certain property held under convey- ances from the Water Front Company, Carpentier, and other claimants. If a default were permitted in these cases, it would cut off any hope of relief to the city, and your honorable body determined to retain counsel and thoroughly test the rights of the city. I have approved the ordinances which were necessary for the proper commencement of proceedings. " The great object which I hope to see accomplished is the defeat of all private claims of ownership to property needed for the construction of the harbor. If these claims can be declared void, Oakland will become an open port. No man or corpora- tion can have a monopoly of water-front privileges, with the power to take what toll they may choose from every person or pound of merchandise coming into or going from the city. I cannot believe that it is possible for individuals to become legally possessed of the title to an arm of the bay navigable for large vessels. The recogni- tion of such a right would place the fortunes of the city entirely at the mercy of a few men, which could not fail to be perilous in the extreme. There must be free access to the city for all the shipping that may seek our port, and easy facilities for all ferry companies that may seek for business. The benefits to them and to the people of Oakland will be mutual. It is unfortunate that this city must wait the tedious routine of litigation before it will be in her power to adopt a libsral commercial policy. But nothing will be accomplished until the rights of the public and of the water-front claim- ants are definitely settled by the decree of a court of competent jurisdiction. It is to be regretted that there should ever have been the shadow of a private claim to what is really a part of the Pacific Ocean. It has brought into controversy other matters that would have remained undisturbed, had such a course been possible. The one thing that is desired, and for which the people of Oakland will contend with all their energy, is the prosecution and completion of the public work which has been planned by the engineers according to their original designs. I do not believe that it is for the pub- lic welfare to molest the Central Pacific Railroad Company in the use and enjoyment of the property it needs for its terminal improvements. That is not the aim and object of the present litigation, as I understand it. Oakland seeks for no controversy with that company, nor does she, desire to do it any injury or harm; but it is only a measure of .self-defense to contend for the free navigation of the estuary and for unre- stricted communication between the mainland and the harbor for freight and passen- gers. The only regulations that should ever be enacted, or the only charges that should ever be imposed, should be such as ordained by the city government. Pro- longed litigation- should be avoided if possible. If the concessions demanded by the United States. Government were allowed by the claimants to the water front with a fair compliance with what is- demanded in the public interest, I do not think that there is a person in Oakland who would desire the continuation of suits that involve the Oakland Township — City of Oakland. 713 title to property used and needed for railroad improvements. The real cause of the present controversy is the claim of private ownership in the estuary, and whenever that may be abandoned I should hope for the termination of litigation." And of the Chinese Question, that problem so difficult of solution, he says: — " The almost unanimous vote of the people against Chinese immigration has had a moral effect abroad far greater than the speeches of our representatives in Congress, the platforms of our political parties, or the utterances of the press. " The idea that only the laboring classes in this State were opposed to the further coming of Asiatics has been dispelled. The humble toilers have long since ceased to be the only ones who suffered by an unnatural competition between civilization and barbarism. Unfortunately there were many who remained indifferent as long as the presence of Chinese only caused privation and hardship to those who earn their sub- sistence by toil, but when the value of rentals, the rate of interest, the worth of real estate, the profits of professional men, and the earnings of the merchant became affected, everybody united in an appeal for relief Modern civilization has never before had to contend with such an element, and for that reason there has been but little sympathy for us in this remote part of the Union. The changes in Eastern sentiment are now quite perceptible. " The masses are becoming aware that the many arguments made thus on high moral and religious grounds, were prompted by grasping and greedy men, who thought that they saw in Chinese immigration the means of still further reducing the wages of labor. " The intelligence and the religious sentiments of the people of California are as general and as advanced as prevail in any other community in America, and a protest has been uttered that has been heard throughout the nation, " It is reported that negotiations have for some time been conducted with the Chinese Empire to secure a modification of the Burlingame Treaty, so that it shall become strictly commercial. But it is the evident policy of China to send away its surplus subjects, and in that manner put an end to a famine that has prevailed in that overcrowded country ever since its history has been known to us. The prospect of any relief from that source is very slight. Legislation by Congress can keep on, and in the absence of that, there is considerable that we may do to help ourselves. Our Legislature might follow the example of some of the British Colonies similarly afflicted, and impose heavy licenses on aliens incapable of becoming citizens, as an offset to the charges that must be borne by the public for the support of the Chinese paupers and criminals. • . "Great benefit will result from the passage of a law prohibiting the issuance of a business license to aliens of this class. It should also be_ provided that any citizen who wishes to employ these aliens should procure a license for doing so. Goods manufactured in this State should bear a stamp indicating whether or not Chinese labor had been used. This would enable the public to carry out their desire to employ only the labor of people who' may legally become citizens. Of course the use of a false label should be severely punished. " The City Council, by its authority to enact sanitary regulations, and by its power over the municipal license system, is in a position to do much for the people 46 714 History of Alameda County, California. in this matter. Under existing laws it can suppress many places maintained by Chinese, because they are actual nuisances. The buildings occupied by many of them, in the central part of the city, are reeking with filth, and vile orders permeate the air in their immediate neighborhood, depreciating the value of property. If laundries were allowed only in some designated part of the city, it would be a great benefit to' many localities that are now undesirable. "Another nuisance is the presence of Chinese with their baskets on the sidewalks of crowded thoroughfares. This should be stopped, for it wiDuld be just as proper to allow the sidewalks to be used by hand-carts or drays. " I do not suggest these things through a desire to persecute these people, nor to subject them to any grievance, but because they will not stop coming here until they see that the general spirit of our law is against them. They will continue to immigrate here as long as they can enter into full and free competition with Americans, but the influx of Asiatics will cease when it is a certainty that our people are doing every- thing in their power to keep them away. " We have protection for our commercial interests. It has been the- traditional policy of Congress to maintain a high protective tariff to shut off goods manufactured by pauper labor elsewhere. There are still stronger reasons for preventing the land- ing of men who are paupers, who can never become citizens, and whose presence defeats the whole aim and object of the protective system that has been established for the benefit of American industries." It will be remembered that California was honored by a visit from Rutherford B. Hayes, President of the United States, and though his reception was not characterized by the demonstrative joy with which General Grant was received, still Mr. Hayes was cordially welcomed with the patriotism which the traditions of his office demanded- On the 6th September, the Cit)' Council passed the following preamble and resolu- tion in this regard: — Whereas, The people of Ihe State of California are upon the eVe of celebrating the thirtieth anniversary of its birth into the American Union, and Whereas, The citizens of Oakland have manifested their intention to celebrate the day in a manner worthy of an event so grand as the coming of a new and bright star into the constellation of States, and that will bear witness of their profound satisfaction at the proud eminence their young State has won, of their confidence in the brighter future which lies open before its boundless natural resources, and its vigorous and patriotic citizens, and of their reverent gratitude to the Divine Ruler of the Universe, whose beneficent grace has showered unnumbered blessings over mountain and valley, from the sierras to the sea; and Whereas, Our people are about to be honored by a visit from his Excellency, the President of the United States— the first time in the history of the State, that a Chief Executive of the nation has crossed its boundaries; and Whereas, His Excellency has kindly consented to visit our city and participate in the festivities in commem- oration of our natal day, and we are desirous of showing in a fitting manner our regard for him as a man and our respect for the high office which he holds; now therefore Resolved, That the people of the city of Oakland, through its Mayor and Council, tender to his Excellency, the President, the hospitalities and freedom of the city. 1 88 1. — The first item to notice is the passing of the following resolutions on the death of Hon. J. W. Dwindle: — Whereas, It hath pleased Divine Providence to remove from our midst one whose influence and deeds have ever been given to the advancement of the material interests of Alameda County, and prominent in the establish- Oakland Township — City of Oakland. 715 ment of our State University, the boast and pride of this city, and as an ex-Mayor of Oakland, it is befitting that the Council should take some action and pay a proper tribute to the memory of Hon. John W. Dwinelle; therefore be it Resolved, That this Council will attend his obsequies in a body, and it is ordered that the Council Chamber be draped in mourning for thirty days; and be it further _ Resolved, That a certified copy of this preamble and resolutions be transmitted to the family of the deceased, and be under the seal of the city spread upon the minutes by the City Clerk. Like in every cluster of houses throughout the Union, in the city of Oakland the grief that marked the death of General Garfield was intense. It partook of deep sorrow, more like the mourning for a lost relative thin for the untimely death of the Chief Executive of a great nation. For a month the prominent buildings and many private establishments -were draped with the insignia of woe, while the fervor of sor- row was intense. On September 20th the following resolutions were unanimously adopted by a standing vote of the City Council: — Whereas, In the midst of our deliberations, while seeking in our own small sphere to do for the public wel- fare, at a time when, though deeply and anxiously solicitous for the ultimate, complete, and entire recovery of the victim of the assassin's bullet, the man who was the pride and glory of the nation, the man of all men best fitted by his spotless public and private character, his eitperience, his ability, learning, and wisdom, and his unswerving devotion to the best interests of our whole country, and by the confidence reposed in him by the people of all classes and of every political complexion throughout the length and breadth of the land, to fill with honor and glory to himself and the American people, that office, than which there is nor has been no greater or nobler in the history of nations at a time, after months of anxiety and suspense, we yet cherished a hope and a faith — almost hoping against hope — that the Divine Ruler of the universe, He who marks the sparrow's fall, would finally restore to us the maij on whose life or death depended more than in all the history of the world ever depended on the life of one man — midst hoping and fearing, lightning has borne to us the crashing and dishearten- ing message, " President Garfield is dead;" and Whereas, We realize in the death of James A. Garfield, the late President of the United States, not only we, but our country and the whole world, have lost that which cannot be replaced, we have lost, than which there is no nobler work of God — a man without fear and without reproach, a man whose interest and desire was the good of our entire people, a man who knew what was the best and right to be done, and who dared to do what he believed to be right and just, to all men and before all men — a man who was at all times and in all places the brave, true, and untiring friend of his brother man, and the devoted servant of his country; now, therefore, by the CounciJ of the city of Oakland, be it Resolved, That we feel most deeply and sincerely the loss to the people of the United States in the death ol our late President; that we believe that James A. Garfield, had he lived, with his ability, his opportunity, and his disposition, would have continued to be the grandest and brightest figure in the history of mankind, and that in his death, our people, and the people of all nations of the earth have lost a friend than whom no better or more powerful friend of mankind has been in the past, or will be for generations yet to come; and be it further Resolved, That for the people of our city we most earnestly and sincerely present our heartfelt sympathy and condolence to the bereaved widow, the fatherless children, and aged and stricken mother of our President. We fully realize that tho' our heart-strings may be sorely wrung by the loss of him who w as our protector, as he was the friend and protector of our whole country and the friend of every man on the face of the earth — yet the loss of the widow and fatherless and that aged mother is greater than ours^we lose a friend and protector and they a kind and loving husband and father and a devoted son, and in their bereavement we ask the widow, the orphans, and the noble mother to remember, as a slight solace in their deep affliction, that tho' he has gone in the full flush of manhood, just when arm and mind were strongest; just when the eyes of all the world were turned upon him; he died in the service of mankind, he died in harness, died after the grandest and most prolonged struggle for life ever made by mortal man, a struggle made not through fear of death — for he feared it not, nor thro' any love of life for its own sake — for he cared not for himself. Through all those gloomy months of pain and suffer- ing he struggled to live as he has ever struggled to live, for his mother, for his wife, for his children, and for his country; and be it further Resolved, That as the only token of public respect in our power is manifest, we recommend our citizens to drape their residences and places of business in mourning for a period of thirty days; that all public business shall be 716 History of Alameda County, California. suspended on the day appointed for the President's funeral, and that public worship be held in all the churches on Sunday, September 25th, when the people may assemble to mourn our loss, and pray for the safety of the Republic; and be it Resolved, That these resolutions be spread upon the minutes of the Council. 1882-83. — During the year 1882 there was nothing of any especial momgnt occurred that need find a place in this work, but the 12th of March, 1883, saw the elec- tion of a Democratic Mayor in the person of J. West Martin, who, with the City Coun- cil, inaugurated a system of retrenchment by dismissing some subordinates in the several departments, and reducing the salaries of the remainder. The efficient Captain of Police is abolished for the nonce and an acting Captain installed, while, as a move to further economy, the streets are but half lighted by gas. It may be mentioned, though not belonging properly to the city of Oakland, that Maro P. Kay, a former deputy and trusted officer of the County Treasurer, was sentenced May 22, 1883, to fourteen years imprisonment in the State Prison for the crime of forgery and embezzlement of the public funds. The Oakland of to-day is one of the most beautiful cities in the world. It is a credit to all concerned in guiding it to its present position, while the day is not far distant when it will add the importance of a great manufacturing and commercial center to its already numerous attractions. Oakland Township — City of Oakland. 717 TABLE Showing the Officers of the Town of Oakland and ike City of Oakland^ Compiled from the Records of the Board of Trustees and City Council, from 1852 to 1883, Inclusive. 1852-53- 1 1853-54- 1 I854-5S. Name of Office. Name of Holder. Date. Name of Holder. Date. Name of Holder. Date. Board of Trustees. . . . /'Am^dde Marier. .... A. W. Burrell - Edsor Adams Andrew Moon ^Alpheus Staples May 12, '52 /^Am^d^e Marier 1 A. W. Burrell ■{ Edson Adams 1 Andrew Moon V.Alpheus Staples May ^9, '53 H. W. Carpentier . . . /E. Gallagher G. M. Blake , A. D. Eames 1 John Kelsey W. C. Josselyn \A.. Marier J. R. Dunglison J. R. Dunglison John Hogan John Hogan J. E. Whitcher J. S. Tubbs John Scott (Rev. H. Durant \ Jas. Lentell (C. T. Jacobus Ap. 17, '54 Town and City Clerk . . . F. K. Shattuck May 17, '52 A. S. Hurlburt Wm. B. Russell John Hogan May 16, '53 May c), '53 <" Marshal C( « Surveyor and Engineer. Julius Kellersberger. . . " Oct. 28, '54 Ap. 17, '54 School Commi-ssioners "i Aug.^^, '54 Board of Education . ) 1855-56. 1856-57- 1857-58. Name of Office. Name of Holder. Date. Name pf Holder. Date. Name of Holder. Date. Charles Campbell {"£,. Gallagher S. L Lynch J A. D. Eames "^ Andrew Williams . . . William Harwood . . . V^ Leonard Johnson. . . Thomas Gallagher. Thomas Gallagher J. P. M. Davis J. P. M. Davis J. E. Whtcher Andrew Crosswell . . . Rev. E.J Willis ("Rev. H. Durant ■ Dr. E. Gibbons _ C. T. Jacobus Mch.^ 5, '55 Apr. 5. '55 Mch. 5, 55 July 13. '55 Mch 24, 55 S. H. Robinson /^Robert Worthington. Wm. Hillegass J Edward Gibbons \ Geo. H. Fogg J. G. Ketteridge. . .. If. K. Shattuck Thomas Gallagher Thomas Gallagher J. P M. Davis Mch ^3, 'SS A. Williams /Robert Worthington. Wm. Hillegass J N. Gray ) A. Davidson Wm. Harwood Mch 2, '57 Town and City Clerk. . E. Gibbons J. P. M. Davis J. P. M.Davis A. D. McDevitt J. Prevaux < H. Durant I Geo. H. Fogg Ij. Daley Marshal Tax-Collector .... Surveyor and Engineer Assessor City Supt. of Schools . . School Commission'rs "j or Board of Education. ) J. P. M. Davis A D McDevitt. Rev. S. B. Bell f J. E. Whitcher \ S. B. McKee (a. Davidson Sep, 17, '56 1858-59. r859-6o. . t86o-6i. Name of Office. . Name of Holder. Date. Name of Holder. Date. Name of Holder. Date. M Mch _^, '58 F. K. Shattuck (A.. D. McDevitt E. Hoskins J J. R. Rogers ^J. B.Pierce F. Warner V,A. Marier E. Gibbons Mch 7, '59 J. P. M. Davis (K. E. Cole J. H. Brown J A. W. White 1 J. B. Pierce P. W. Van Winkle . . \U. M. Howe E. Gibbons E. Gibbons Mch 7, -60 /^Thomas Gallagher . . G. W. Fountam J J. McCann 1 Geo. W. Scribner Jas Daley " 'Town and City Clerk.. 'Treasurer. Murcllstl ^F. K. Shattuck .. E Gibbons ... . " A. Davidson W.Hoskins << A. Davidson.. W. Hoskins " Assessor N. J. Thompson L. B. Tarpley D. P. Brewster W. H. Glascock ( E. Hoskins .^ D. C. Potter W. H. Bovee ** June 6, '60 City Supt. of Schools . . School Commission'rs ' Geo. W. Blake ( Wm Hillegass Oct. 19, '59 Dec. 5, '60 " Board of Education. , Fund Commissioners. . . Wm. Reed " 718 History of Alameda County, California. T A B L E — Continued. Showing the Officers of the Town of Oakland and the City of Oakland, Compiled from tht Records of the Board of Trustees aW City Council, front 1832 to 1S83, Inclusive. 1861-62. 1862-63. 1863-64. Name of Office. Name of Holder. Date. Name of Holder. Date. Name of Holder. Date. Mayor City Council Town and City Clerk.. J. P. M. Davis Ye. Gibbons T. D. Woolsey , J. M.Dillon 1 A. D. Eames 1 D. G. Barne.s \^. C. Horn Edward Hoskins Edward Hoskins W Hoskins Mch 6, '61 Geo. M. Blake Ce.. Gibbons T. D. Woolsey _ ;. M. Dillon ) A. D. Eames 1 Samuel B. Merritt .. ^,F. K. Shattuck. .. E T Sanford Mch 5, '62 Nov. 2c, '62 W. H. Bovee CE.. Gibbons-. 1 T. D. Woolsey. . 1 0. L. Shafler -; Chauncey Taylor. - . . W. W. Crane, Jr.... F. K. Shattuck VJas. DeFremery. . . . E P Sanford. . . Mch .■- ■— E. T. Sanford W. Hoskins W. Hoskins J. E. Whitcher Wm. Van Voorhies Rev. Geo. Mooar E. P. Sanford Tax Collector , Assessor Attorney City Supt. of Schools . . W. Hoskins L. B. Tarpley Jas. Brown J. M. Dillon John W. Wnitcher .... Apr. 21, '6j F. k. Shattuck M. Fallon Dec. iS, '61 or \ J. E. Whitcher Wm Reed. ( D. P. Barstow Fund Commissioners.. Ed. Hoskins May 29, '61 1864-65. 1 1865-66. 1 1866-67. Name of Office. Name of Holder. Date. Name of Holder. Date. Name of Holder. Date. E. Gibbons Mch 14, '64 Mch — , '63 Mch 14, '64 B. F. Ferris Mch 6, '65 Mch 14, '64 Dec. 5, '65 Dec. 6, '65 J. W. Dwindle /'E Gibbons Mch 5, "66 Mch 6, "65 /^E. Janssen J. 0. Miner D. P. Barstow ,- Chauncey Taylor. . . . A. C. Palmer F. K. Shattuck l^Jas. DeFremery. E. P. Sanford E. P. Sanford (Y.. Gibbons : J. 0. Miner 1 D. P. Barstow -{ A. F. Rogers 1 A. H. Jayne 1 F. K. Shattuck VChauncey Taylor A. D. Eames A. D. Eames D. P. Barstow -J P. S. Wilcox A. Anderson F. K. Shattuck VA. H. Jayne A. D. Eames Mch^^, '66. Town and City Clerk . Mch 6, '6s Mch 5, '66 Tax-Collector Jas. Brown Wm. F. Boardman J. M.Dillon N Watson Surveyor and Engineer J. M. Dillon Geo. H. Fogg H. P. Watkins /Geo. H. Fogg Rev. L. Hamilton. . . J. H. Brewer , R.E.Cole J. M.Dillon. Geo. W. Blake Mch — , '63 May 24, '64 (1 Apr. 25, '66 May 2, '66 School CommissionVs ' Board of Education. . \ F. Warner W. S. Snook Rev. B. Akerly ^^Rev. Geo. Mooar. . . . " 1867-68. j i868-6g. j 1869-70. Name of Office. Name of Holder. Date. j Name of Holder. Date. Name of Holder. Date. Mayor W. W.Crane, Jr ^P. S.Wilcox W. G. Moody W. H. Miller J. A. Hobart F. M. Campbell.... Vb. F. Pendleton H. Hillebrand H. Hillebrand Mch 7, '67I iSamuel Merritt Apr. 6, '68 Mch I, '6» ^W. H. Miller ^N. W. Spaulding.. E. H.Pardee Walter Van Dyke . . . -; D. G. Barnes W. C. Little J. A. Folger I. A. H. Jayne H. Hillebrand H. Hillebrand Chas. P. McKay Chas. P. McKay 1 W. G. Moody ,( City Council " 1 F. M. Campbell -' D G Barnes ' 1 A. H. Tavne .( Town and City Clerk . . 1 J. A. Hobart , VB. F. Pendleton. ... I H. Hillebrand " Treasurer H. Hillebrand (, Marshal Chas P McKav ,, Tax-Collector (, Surveyor and Engineer W. F. Boardman J. M. Dillon Sep. 21, '68 Jan. 10, Vo' Mch I, '69- Apr. 5, '69 Mch I, '69. Assessor J.M.Dillon Thomas Wall.' .'.■.■ !'..'! N.Watson J. M.Dillon ■ H. H. Havens Geo. H. Fogg F. B. Tarbett J. C. Nally Attorney Justice of the Peace. . . Police Judge Sextus Shearer Chief of Police Dep't . . Chief of Fire Dep't. .. Oct. II, '69. Oct. 13, '6g. Mch I, "69 City Supt. of Schools . . iL. Walker.... /Wm. Bartling Rev. L. Hamilton . . , L. Walker " ^Rev. L. Hamilton. . . f R. E. Cole 1 N. B. Hoyt -j G. W. Armes \ B. T. Martin (Geo. Tate [Fire Commissioners" |D. G. Barnes School Directors, or ) Board of Education. J , R. E. Cole \ ,^ ^ B. T. Martin W. S. Snook W. B. Hardy l^Rev. Geo. Mooar 1 Wm. D. Harwood . . VEd. McLean.. .. Mch 13, '69. Miles Doody J. Calder Oakland Township — City of Oakland. 719 T A B L E — Continued. Showing tke Oncers of the Town of Oakland and the City of Oakland, Compiled from the Records of the Board of Trustees and City Council^ from 1832 to 1883, Inclusive, Name of Office. 1870-71. 1871-72. Mayor City Council. J. B. Felton fR. Durant I W. J. Gurnett. .. I Chas. D. Haven . -{ Q. A. Chase A. L. Warner , . , E. H. Pardee.... Town and City Clerk Treasurer Marshal Tax-Collector , Surveyor and Engineer Assessor Justice of the Peace . . . Police Judge Physician City Supt. of Schools. . School Directors, or ) Board of Education. ) Board of Health. Fire Commissioners . Name of Holder. H. Hillebrand H. Hillebrand Perry Johnson Perry Johnson T. J. Arnold J. M. Dillon Geo. H. Fogg A. H. Jayne T. H. Pinkerton Geo. Tate Rev. L. Hamilton r. W. Thurman. . .'. G. W. Ames F. S. Page. Dr. C Gushing Dr. 'A. Verhave . . . . . Dr. J. C. VanWyck, Date. Name of Holder. Mch ; Mch Mch Tan. I Mch Mch June Dec. 12, '70 ,N. W. Spaulding I fT. J. Murphy..., I E. H. Pardee. ... M W. G. Gurnett . . . ;< J. V. B. Goodrich. ' A. L. Warner W. S. Snook ... Q. A. Chase H. Hillebrand H. Hillebrand Perry Johnson ... . Perry Johnson T. J. Arnold J. M. Dillon Geo. H. Fogg A. H. Jayne T. H. Pinkerton.,.. . F. M. Campbell. ... I i Wm. Bartling. . . I ' Ed. Playter I'j R. E. Cole ( D. G. Barnes . U P. S. Wilcox . j ( Q. A. Chase . Date. Mch 6, '71 Mch 7, '70 Jan. 10, '70 Mch 6, '71 Mch 7, 'jo June, 13, '70 Oct. 30, '71 1872-73. Name of Holder. N. W. Spaulding.. fT. J. Murphy... E. H. Pardee... I F. Warner -; B. F. Ferris . . . I A. L. Warner. . . I W. S. Snook.... V.Mack Webber. . . H. Hillebrand .... H. Hillebrand ... Perry John.-^on . . . Perry Johnson . . . . T. T. Arnold J. M. Dillon .... Geo. H. Fogg . . . A. H. Jayne J. H. Pinkerton. F. M. Campbell. , ( Jacob Bacon . . J C. W. Kellogg , j O. H. Burnham. V Wm. Button . . . fj. J. Hanifin. . -? V. P.Terry.... (Q. A. Cha.se.... Mch 4, '72 ' 6» '71 Mch 4, '72 Mch 6, Mch 4, " 6, 71 Mch 4, '72 Jan. 10, '70 Mch 6, '71 " 7» '70 4, '72 June 13, '70 Mch 6, '71 June 10, '72 Name of Office. Mayor . City Couitcil Town and City Clerk. Treasurer Marshal Tax-Collector..... .. Surveyor and Engineer Assessor ^ • • • • Attorney , Justice of the Peace . Police Judge Physician Chief of Police Dep't Chief of Fire Dep't. City Supt. of Schools School Directors, or Board of Education. Board of Health 1873-74- Name of Holder. Henry Durant /^N. W. Spaulding.. B. F. Ferris I F. Warner ■{ Jas. Larue Israel W. Knox . . I W. S. Snook l^Mack Webber H. Hillebrand H. Hillebrand Perry Johnson Perry Johnson T. J. Arnold J. M. Dillon Mch 3, '73 Jas. Lentell A. H. Jayne Geo. E. Sherman. R. E. Cole J. M. Miner E. W. Playter. A.W. Swett... Mch Mch Mch Aug. Henry Durant. . . . f]. B. Larue I Wallace Everson . I J. R. Mason -{ Israel W. Knox. I W. S. Snook .... I Mack Webber V 1874-75. Name of Holder. H. Hillebrand . . , H. Hillebrand . . . Perry Johnson Perry Johnson . . . T.J. Arnold.... J. M. Dillon .... S. A. Gilchrest .. Jas. Lentell A. H. Jayne. . . . Geo. E. Sherman. D. H. Rand J. C. Halley .... F. M Campbell. . fC. W Kellogg... I W. F. Boardman I Dr. Wm. Bolton.. [ W. K. Rowell. . . ( Dr. W. Bamford . . \ Dr. C. S. Kittredge ( Dr. Wm. Bolton . . . May 4, '74 May 4, Mch 3, Mch 4, Mch 3, '' 4. June 8, Sep. 21, Oct. 5, Oct. 4, June 8, '74 1875-76. Name of Holder. Mack Webber /'James Dods. . . I J. M. Miner I J. R. Mason . . . ■{ Uriel Huntington I J. B. Ford I J. W. Shanklin. . \Wallace Everson H. Hillebrand ... . H. Hillebrand Perry Johnson . . . Perry Johnson .... T. J. Arnold . . . J. M. Dillon Jas. Lentell A. H. Jayne D.'H.'Rand'!!; ".'. M. de la Montanya. F. M. Campbell. . . /R. E. Cole I L. Hamilton J J. A. Folger ■) A. W. Swett . . . . I W. K. Rowell VL. H. Cary Date. Mch I, '75 May 4, '74 Mch 1, '75 May 4, '74 May I, '75 May ^^, '74 May 3, '73 May 4, '74 " 1- '75 720 History of Alameda County, California. T A B L E — Continued. Showing the 0_^cers of the Town of Oakland and the City of Oakland, Compiled from the Records of the Board of Trustees and City Council, from i8S2 to 1883 Inclusive. Name of Office. 1876-77. Mayor City Council. (ist Ward. I 2d Ward. \ 3d Ward. -; 4.th Ward. Sth Ward. 6th Ward. \yth Ward. Town and City Clerk . . Treasurer Marshal Tax-Collector Surveyor and Engineer Assessor Attorney Justice of the Peace . . . Police Judge Physician Chief of Police Dep't. . Chief of Fire Dep't . . . City Supt. of Schools. . School Directors, or Board of Education ist Ward. 2d Ward. 3d Ward. 4th Ward. Sth Ward. 6th Ward. 7th Ward. Board of Health E. H. Pardee. H. H. Watson W. A. Walter.. J. F. W. Sohst. Name of Holder. H. Hillebrand H. Hillebrand Perry Johnson Perry Johnson T. J. Arnold J. M. Dillon Henry Vrooman . . . Geo. H. Fogg A. H. Jayne L. H. Cary D. H. Rand M. de la Montanya. . F. M. Campbell Rev. B. Akerly . . L. L. Alexander. . C. W. Kellogg... f Dr. W. Bamford . . . . \ Dr. C. S. Kittredge. i Dr. Wm. Bolton . . . Date. Mch 13, '76 Mch I, '75 Mch 13, '76 Mch 3, '73 Mch 13, '76 Sep. 18, '76 Jan. 3, '77 Mch 13, '76 1877-78. Name of Holder. E. H. Pardee P. W. Fonda W. E. Grinnell W. A. Walter J. M. Miner W. E. Miller J. F. W. Sohst M. W. Fish Jas. Dods Jas. Dods Perry Johnson Perry John.son T. J. Arnold J. M. Dillon Henry Vrooman Wm. Bolton A. H. Jayne L. H. Cary D. H. Rand M. de la Montanya. . F. M. Campbell C. H. Redington J. A. Hobart C. N. Fox R. E. Cole J. W. Shanklui Eugene Lynch A. W. Swett ( Dr. W. Bamford . . . - Dr. C. S. Kittredge. ( Dr. Wm. Bolton Mch 1 Mch 13, '76 Mch 12, Mch 12, Mch 13, Sep. 18, Jan. 8, Jan. 13, Jan. 12 1878-79. Name of Holder. W. R. Andrus . . . P. W. Fonda. ... W. E. Grinnell. . W. A. Walter.... J. M. Miner W. E. Miller . . . . J. F. W. Sohst... M. W. Fish James Dods James Dods J. R. Cutting J. R. Cutting T. J. Arnold J. M. Dillon.... P. W. Byrne . . . . Adam Koob . . . Ed. Hoskins . . . . L. H. Cary W. W. Gray Jas. Hill F. M. Campbell. . C. H. Redington .... J. A. Hobart C. N. Fox R. E. Cble J. W. Shanklin .... Eugene Lynch A. W. Swett Dr. H.St. G.Hopkins Dr. A. H. Agard.... Dr. H. Legler Date. Mch Mch 25. '78 I?. '77 Mch 25, '78 Mch : July Sep. Oct. Jan. Mch L 12, 77 25. '78 27, '77 18, '76 15. '77 7. '78 25. '78 Mch 12, '77 July 15, '78 Name of Office. Mayor (1st Ward. 2d Ward. Citv K"^ Ward. CouSl. •^^''t^^'-^- Sth Ward. I 6th Ward. \jth Ward. Town and City Clerk. . Treasurer Marshal Tax-Collector Surveyor and Engineer Assessor Attorney Justices of the Peace . Police Judge Physician Chief of Police Dep't . Chief of Fire Dep't. . . City Supt. of Schools . School Directors, or Board of Education. Ist Ward. . 2d Ward.. 3d Ward.. 4th Ward. . Sth Ward. . 6th Ward. . 7th Ward. . Board of Health . 1879-80. Name of Holder. W. R. Andrus . . J. C. Millan . . . . J. N. Corlies , . . . J. S. Wall .... J. B. White David Hewes. Jas. Gill G. W. Babcock. Jas. Dods . Jas. Dods J. R. Cutting . . J. R. Cutting. .. T. W. Morgan,. J. M. Dillon.... P. W. Byrne . . . . C. C. Jenks Ed. Hoskins. . . Dr. Posey W. F. Fletcher. . Jas. Hill F. M. Campbell. Free Library Trustees. C. H. Redington.... F. M. Smith C. N. Fox C. D. Harris Geo. H. Wheaton . . . Eugene Lynch A. W. Swett ( Dr. A. C. Posey. . \ Dr. W. M. Brown. Date. Mch : Mch 25, '78 June 10, '78 Mch 10, '79 " 25, '78 ro, '79 Feb. 2, Mch 25, Jan. 7, Mch 25, Mch : r 880-8 I. Name of Holder. Jas. E. Blethen. .. J. C. Millan J.N. Codes J. S. Wall J. B. White David Hewes Jas. Gill Geo. W. Babcock. Jas. Dods Jas. Dods M. E. Clough M. E. Clough T. W. Morgan .... J. M. Dillon J. M. Poston. ... C. C. Jenks A. W. Bishop. .. John Yule A. C. Posey W. F. Fletcher.... Jas. Hill H. J. Todd C. H. Redington F. M. Smith C. N. Fox C. D. Harris Geo. H. Wheaton. . . Eugene Lynch A. W. Swett r Dr. A. C. Posey. . . ^ Dr. W. M. Brown. . Mch Mch ] Mch 8, '80 June I Mch I Mch I Feb. Mch Jan. Mch Name of Holder. Date. Jas. E. Blethen. J. C. Millan . . . , L. S. Hawkins . . . C. R. Lewis . . - . J. H. Fish Peter Thomson . . Jas. Gill Henry Hayes. ... Jas. Dods Jas. Dods M. E. Clough. .'. . M. E. Clough. . . , T. W. Morgan . . J. M. Dillon J. M. Poston . . . . C. C. Jenks A. W. Bishop. .. John Yule J. R. Bradway. . , W. F. Fletcher. . Jas. Hill H.J.Todd. .. Mch 14, '81 ■79I C. H. Redington. Alex. Elder Mch W. H. Jordan E. Everett. . . Geo. C. Pratt. Eugene Lynch M. W. Fish... Posey, Agard Pinkerton fO. H. Burnham I J. A. Swenarton . . . ■{ C. W. Kellogg, , ' W. B. Ludlow. . . . ' W. H. H. Hamilton C Dr A. C. Posej \ Dr. A. H. Agar ( Dr. T. H. Pink Mch 8, '80 June J Mch I Mch 1 April Mch Jan. Mch •78 •81 '80 '81 •78 ■78 '80 Mch I April 1 Mch I Oakland Township — City of Oakland. 721 T A B L Y.— Continued. Shmving the Officers of the Town of Oakland and the City of Oakland^ Compiled from the Records of the Board of Trustees and City Council, from 1832 to 1883, Inclusive. Name of Office. Mayor ^ (1st Ward. I 2d Ward. rifv \3d Ward. Council < 4th Ward Council. 1^^^^^^^. _,__ I 6th Ward. \7th Ward. Town and City Clerk ... . Treasurer Marshal Tax-Collector.... Surveyor and Engineer Assessor Attorney Justices of the Peace Police Judge Physician Chief of Police Department, Chief of Fire Department. . City Sup't of Schools School Directors, or Board of Education, 1st Ward. 2d W'ard. .. . , Sd Ward. 4th Ward. St/i Ward. 0th Ward. 7th Ward. Board of Health Free Library Trustees . 1882-83. Name of Holder. C. K. Robinson. J. C. Millan .. L. S. Hawkins . C. R. Lewis .... J. H. Fish Peter Thomson . Jas. Gill Henry Hayes . . . Jas. Dods Jas. Dods M. E. Clough. . . M. E. Clough. . . T. W. Morgan.. ; M. Dillon . . . John Yule. . C. C. Jenks , . .v A. W. Bishop. .. S. F. Daniels... J. R. Bradway , . Peter Pumyea. Jas. Hill J. C. Gilson Mch 13. Mch 14, Mch 13, '82 C. H. Redington Alex. Elder W. H. Jordan E. Everett Geo. C. Pratt Eugene Lynch M. W. Fish ( Dr. A. C. Posey ■{ Dr. A. H. Agard . . . ( Dr. T. H. Pinkerton. fO. H. Burnham i J. A. Swenarton. . . . ■( C. W. Kelldgg W. B. Ludlow I^W. H. H.Hamilton. Date. June 10, Mch 14, " 13. Nov. 7, Nov. 7, April 4, Oct. 3, Jan. 7, Mch 13, Mch 14, '81 April 18, '81 Mch 14, '81 Name of Office. City Council. Mayor fist Ward. . 2d Ward. . 3d Ward. . 4th Ward. . Sth Ward. 6th Ward. . \yth Ward. . Town and City Clerk. . . Treasurer, ... Marshal Tax-Collector Surveyor and Engineer. . Assessor Attorney Justices of the Peace . Police Judge Physician Chief of Police Departmnet Chief of Fire Department . . City Sup't of Schools School Directors, or Board of Education. 1st Ward. 2d Ward. jd Ward. . 4th Ward. 5th Ward. 6th Ward. . 7th Ward. Board of Health. Free Library Trustees . Name of Holder. J, West Martin J. T. Carothers S. M, Babbitt -. . . . E. B. Dean M. de la Montanya, . , . M. C. Garber Jas, McGivney Henry Hayes Jas. Dods Jas. Dods M. E. Clough M. E. Clough T. W. Morgan J. M. Dillon John Yule C. C. Jenks A. W. Bishop S. F. Daniels E. W. Buck E. J. Chase (Acting)... Jas. Hill J. C Gilson C. H. Redington A. W. Biirrell W. H. Jordan E. Everett E. B. Clement Henry Sohst M. W. Fish Dr. J. W. Trembly.. Dr. A. H. Agard . . . . Dr. T. H. Pinkerton, /E. M. Long I Wm. Walker < C. W. Kellogg .... I O. H. Burnham VE. A. Trefethen . . . . Mch 12, "83 Mch 13, '82 June Mch Nov. Mch April April Jan, Mch Mch 12 Mch 12, '83 1852, 1853. 1854. i855: Notes — 1852-1853. May 17 — A. Marierto be President Board of Trustees. Jan. 8— A. S. Hurlburt to be Clerk to Board of Trustees, vice Shattuck, resigned. Notes— 1854-1855. June 24 — James Grey to be Pound Master. Jan. ID— E. W. Cohea to be Pound Master. Jan. 23— Micah M. Howe to be City Marshal, vice Hogan, absconded. Notes— 1855-1856. March 12 — E. Gallagher to be President of Council. May 2 — Andrew Williams to be President of Council, vice ' Gallagher, resigned that appointment. May 29 — Ed. Giboons and Robt, Worthington to be Mem- bers of Council, vice Gallagher and Eames, resigned. June 6 — J. E, Whitcher to be School Commissioner, vice Gibbons, resigned. July 18 — J. E. Whitcher to be School Commissioner, vice Duranr, resigned. Sep. 6— L. N. Crocker to be Member of Council, vice Lynch, absent. Notes— 1856-1857. March 12 — Edward Gibbons to be President of Council. 1856, 1857, April 15— F, Notes— 1857-1858. , E. Prevaux to be Superintendent of Public Works, " 15 — James Lentell to be Member of Council, vice Gray, failed to qualify. Notes— 1858-1859. , March 8 — F. K. Shattuck to be President of Council. Sep. 10 — J. Dieves to be Member of Council, vice Mc- Cann, disqualified on contested election. Oct. 20 — Wm, Hillegass to be School Commissioner, vice W. H. Glascock, resigned. iSsp, 1861, 1862, 1862, 1863, 1864, 1864, 1865, 1865, Notes — 1S59-1860. March 14— E. Hoskins to be President of Council. Dec. 7— J. P. M, Davis to be Mayor, vice Shattuck. " "— W, H. Bovee to be Member of Council, z/zc^ Marier, resigned. Notes— 1860-1861. July 5— P. Hoskins to be School Commissioner. *' "—J. R. Rogers to be Member of Council, vice V Winkle, absent. Notes— 1861-1862, March ii— E. Gibbons to be President of Council. Aug. 5— Geo. M. Blake to be Member of Council, vice Barnes, absent. Jan. 15— C. T. Jacobus to be School Tru.stee, vice Reed, resigned. Notes— 1862-1863. March lo— E. Gibbons to be President of Council. " 31— E. Hoskins to be Member of Council. Notes— 1863-1864. March ii— E. Gibbons to be President of Council. June 29-— L. Janssen to be School Trustee, vice Saxton, resigned. Dec. 22— D. P. Barstow to be Member of Council, vice Shafter, resigned. Jan. 26— J. O. Miner to be Member of Council, vice Haynes, resigned. Notes— 1864-1865. March 14— F. K. Shattuck to be President of Council. ' Sep. 27 — E. D. Waters to be Member of Council. Jan. 3 — A. F. Rogers to be Member of Council, vice Pal- mer, resigned. Notes— 1865-1866. March 21— G. J. Faulkner to be Member of Council, vice Jayne, resigned. 722 History of Alameda County, California. Notes— 1866-1867. 1866, March 5 — E. Gibbons to be President of Council. 1867: 1869, 1870, 1879, 1872, 1873. 1B74, 1875, Notes— 1867-1868. , July 23— Sextus Shearer to be Police Judge, vice Watson, deceased. Nov. 2— Dr. S. Merritt to be Mayor, vice Crane, resigned. Nov. 16— F. M. Campbell to be Member of Council, vice Anderson, deceased. Dec. 21--B. F. Pendleton to be President of Council, vice Hobart, resigned that appointment. ' Notes — 1869- 1870. March 8— A. W. Jayne to be President of Council. " 13— Thos. Maguire to be First Assistant Engineer Fire Department. " 13 — Geo. Taylor to be Second Assistant Engineer Fire Department. April 19— Horace Laperle to be Assistant Engineer Fire Department. Oct. 25 -Walter Van Dyke to be Member of Council, vice Campbell, resigned. Dec. 6— W. H. Miller to be Member of Council, vice Little, resigned Jan. 3 — Miles Doody to be Chief Engineer Fire Depart- ment, z'ice Nally. Notes — 1870-187 1. March 14 — H. Durant to be President of Council. Sept. 19 — J. V. B. Goodrich to be Member of Council, vice Durant, resigned. Notes— 1S72-1 873. March 25 — V. P. Terry to be Fire Commissioner, vice Wilcox, resigned. Notes — 1873-1874. March lo — Mack Webber to be President of Council. " 17 — A. L. Warner to be Fire Commissioner. April 7 — J. H. Howard and- H. E. Winslow to be Fire Commissioners, zizVi' Chase and Warner, resigned. Notes — 1874-1875. May II — Mack Webber to be President of Council. Oct. 12— M. de la Montanya to be Chief Engineer Fire Department, 7'ice Halley, resigned. Feb. I— Mack Webber to be Mayor, z/zV^ Durant, deceased. " 15— F. Warner to be Member of Council, vice Webber, elevated to the office of Mayor. " 15— I- W. Knox to be President of Council, vice Web- ber. Notes— 1S75-1876. Aug. 23— Dr. E. H. Pardee to be Member of Council, vice Mason, resigned. NoTES~i876-i877. 1876, April i7~J. W. Shanklin to be Member of Board of Ed- ucation, vice Rev. L. Hamilton, resigned. Notes— 1877-1878. 1877, March ig— W. A. Walter to be President of the Council. '^ April 30— F. O. Fuller to be Chief Engineer Fire Depart- ment, vice Montanya, resigned. " July 19-C. E. Sessions and T. B. Simpson to be Water Commissioners. " July 23— L. G. Cole to be Water Commissioner, vice bes- sions, resigned. " July 27— Ed. Hoskins to be Police Judge, vice Jayne, de ceased. " Oct. 15— W. W. Gray to be Chief of Police, vice Rand, deceased. " Nov. 19— W. W. Camron to be Member of Council, vice Miller, resigned. 187B, Jan. 7— James Hill to be Chief Engineer Fire Depart- ment, vice Fuller. " 'March i8— Samuel Mitbury to be Member of Council, vice Camron, resigned. << t' 25— W. F. Fletcher to be Chief of Police, wV^ Gray ; office declared vacant. Notes— 1878-1879. 1878, June 20— T. W. Morgan to be City Engineer, ot'c^ Arnold, deceased, *' Aug. 19— Elisha Hook to be Member of Council, vice Sohst, resigned. " Sept. 16— C. C Jenks to be City Justice of the Peace, vice Koob, resigned. Notes— 1879-1880. 1879, March 17— J- B. White to be President of Council. " Sept. I— D. C Bortree to be Police Clerk. " " 15— L. G. Cole to be Member of Council, w/ce Corlies, resigned. ' ' Oct. 6— Geo. L. Morgan to be City Attorney. 1880, Jan. 5— T. F. Jenkins to be Sanitary Inspector, vice Church, resigned. ]NrOTES— 1880-1881. 1880, March 29— J. A. Booth to be License Collector. " June 21— G. W. Babcock to be President of Council, vice White, resigned that appointment. NoTES~i88i-i882. 1881, March 21 — Henry Hayes to be President of Council. '* Oct. 3 — S. K. Hassinger to be Sanitary Inspector. " " 3 — Peter Pumyea to be Chief of Police Department, v£ce Fletcher. Let us now introduce to the reader histories of some of its churches, schools, societies, and industries. Churches. — There are nearly forty churches in the city of Oakland of. all denominations, but our space will only admit of our giving histories of the oldest of these. From the days when "two or three were gathered together" under the shade of one of Oakland's spreading oaks, up to the present the city has been the home of churches that have grown in beauty of design and magnificence of architecture, as the years flew by. She is sometimes called the "City of Spires," as she deserves to be, for more graceful outlines are not to be found anywhere. Her number of devotees is large, and, in truth, Oakland is a city of families, boasting in her churches and her schools. First Presbyterian Church. — This church was organized in April, 1853, being one of the oldest of any denomination in Oakland. The first services were held in a cloth tent, and afterwards in the public school house, under the pastoral charge of Rev. S. B. Oakland Township — City of Oakland. 723 Bell. He was succeeded by Rev. E. B. Walsworth, who officiated until December, 1865, when Rev. L. Hamilton was called to the pastorate, and continued in charge until February 24, 1869. On August 17, 1869, the Rev. Daniel W. Poor, D. D., suc- ceeded to the duties, since when the following have been the pastors: From June, 1872, to November, 1879, Rev. James Eels, D. D.; from November, 1879, to Novem- ber, 1882, Rev. Samuel P. Sprecher, D. D. The present pastor. Rev. Francis A. Horton, assumed the pastorate April 8, 1883. The present church edifice, on the northeast corner of Fourteenth and Franklin Streets, was built in the year 1875, at a cost of about fifty-two thousand dollars, and was dedicated for public worship January 16, 1876. It is one of the handsomest structures in the city. The original church building occupied by this society was- erected about 1856, at the corner of Webster and Sixth Streets, at a cost of about six thousand dollars. It was afterwards removed to the southeast corner of Broad- way and Thirteenth Streets, and enlarged to meet the requirements of the growing congregation. It now stands on Thirteenth Street, between Broadway and Franklin Streets, and is used as an armory. The present membership of the church is eight hundred and forty-two, the largest accession to the church in any one day w^s on March 6, 1881, when two hun- dred and twenty persons were admitted to its membership. The present officers are as follows: Pastor, Rev. Francis A. Horton; Elders, E. Bigelow, G.W. Armes,C. W. Armes, J. B. Ford, J. J. Gardiner, J. C. Raymond, C. H. Fish, G. D. Gray, P. D. Browne, A. J. Ralston, H. L. King, Jr., C. A. Bailey; Deacons, W. H. Knight, W. F. Curtis, R. W. Poindexter, A. Elder, F. S. Page; Trustees, A. Miller, D. E. Martin, E. C. Sessions, E. B. Beck, A. J. Ralston, M. W. Upton, C. L. Watson; President of the Society, W. H. Friend; Secretary, M. W. Upton; Treasurer, W. P. Wheeler. The Sunday-school connected with this church was organized in April, 1853, under the superintendency of John Kelsey, with four teachers and six scholars. The present membership is, officers and teachers, eighty-four; scholars, six hundred and seventy- three; total, seven hundred and fifty-seven. Officers, 1882-83 — Pastor, Rev. Francis A. Horton; Superintendent, G. W. Armes; Assistant Superintendent, H. L. King, Jr.; Secretary, M. S. Hill; Treasurer, G. W. Armes; Librarian, J. E. Simmons; Assistant Librarians, J. H. Henderson, Geo. Henderson; Chorister, Miss Jennie Har- rison; Organist, J. F. Kendall; Pianist, Miss Mollie Andrews; Advisory Committee, H. L. King, Jr., P. D. Browne, C. H. Fish, Chas. A. Bailey, G. D. Gray. Primary Depart- ment — Superintendent, Mrs. William Sublette; Assistant Superintendent, Miss Kate S. Van Arsdale; Secretary, Mrs. M. B. Holmes; Treasurer, Mrs. James E. Gordon; Librarian, Mrs. Edward Hackett; Assistant Librarian, Miss Bessie Goodfellow. Independent Presbyterian Church. — This church was organized February 28, 1869, and is the only one of a similar character in California. The first pastor. Rev. L. Hamilton, officiated for several years as minister of the First Presbyterian Church in Oakland, but for opinions expressed by him he was tried before the Presbytery, and sub- sequently before the Synod, resulting in his being deposed by those bodies, February 24, 1869. A large portion of Mr. Hamilton's congregation, who were opposed to this decision of the Presbytery and Synod, determined upon organizing another society. r24 History of Alameda County, California. and secured Brayton Hall as a temporary place of worship, where services were held until the spring of 1870, when the edifice, situated at the southeast corner of Thir- teenth and Jefferson Streets, was erected, at a cost, including lot, of about twenty-two thousand five hundred dollars. The pastor, since Mr. Hamilton's' death, which occurred April 9, 1882, has been Clarence Fowler, who began his pastorate June S, 1 882, when the society assumed the name of Hamilton Church of Oakland. The Sunday-school connected with the church was organized March 6, 1869, and at present has an attendance of one hundred scholars, and ten teachers. The church officers are: Trustees, N. W. Spaulding, P. N. Remillard, J. VV. Ward, Thomas Var- ney, J. D. Haines, O. M. Sanford, A. T. Dewey, and J. W. Mackie. Clarence Fowler .is Superintendent of the Sunday-school. The church is essentially Unitarian, of the broadest Christian sentiment. St. John's {Episcopal) Church. — This church had an humble origin when Oakland numbered but a few houses, and not over one thousand inhabitants. During the summer of 1852 two families met and worshiped unitedly, until a member of one of the families fell seriously ill, when the services were discontinued. In August, 1853, Rev. Doctor Ver Mehr, Rector of Grace Church, San Francisco, visited Oakland, to aid in the establishment of a church; and with much diiificulty a meeting of twelve persons was convened. For various reasons, however, the project was for the time abandoned. Toward the close of the same year, the Rev. John Morgan appeared, and preached a sermon to a small but attentive audience beneath the branches of one of Oakland's shady trees, and so favorable was the impression then made that it was determined that a covered church of some kind should be procured by the follow- ing Sunday, if the reverend gentleman would repeat his visit. A large tent, twenty- five by seventy feet, was erected, with a cross upon the apex to designate the object of the structure, and a temporary pulpit fitted up. Mr. Morgan, however, was in some manner detained, but a Presbyterian, the Rev. Mr. Walworth, who had incident- ally visited Oakland, being present in the congregation, was invited to officiate. The same week the tent and appurtenances were sold to the Presbyterians. In December, 1854, the Right Rev. Bishop Kip celebrated divine service in a room that had been prepared for the purpose. In January, 1855, the missionary. Rev. E. W. Syle, arrived, and became acting rector of th^ embryo parish. The first communion service was celebrated on Sunday, February 4th, when eleven communed with the rector. On March 5th of the same year, the parish was regularly incorporated and trustees elected, but it was not until the 8th of August following that a constitution and by-laws were finally adopted. During the same month a rented room was fitted up as a church, with benches, at a cost of one hundred and fifty dollars, current expenses being met by collections every Sunday. The Rev. Mr. Syle resigned Jan- uary, 1856, and from that time lay services were regularly held, Bishop Kip ofificiating occasionally. In July, 1856, the Rev. James W. Caper became rector, and continued in charge until 1857, when he resigned, and the Rev. Benj. Akerly became rector, officially, March i, 1858,' although he had officiated regularly from December, 1857. A lot was purchased in i860 for the sum of four hundred and fifty dollars, and a church edifice erected thereon, at a cost of two thousand six hundred dollars, which Oakland Township — City of Oakland. 725 has since been enlarged twice. The church was consecrated to divine service March I, i860, while the number of communicants in June, 1872, was one hundred and fifty. The Rev. Benjamin Akerly, D. D., has been rector over twenty-five year^. The Sunday-school connected with the church was organized April, 1858, and has an attendance now of two hundred and fifty scholars, and a library containing five hundred volumes. The church officers are : R. W. Kirkham, Senior Warden ; Chas. D. Haven, Junior Warden; Chauncey Taylor, James de Fremery, Van Leer Eastland, J. Harvey Fish, Pieter J. Van Loben Sels, and of the Sunday-school, the rector is Super- intendent; Wm. M. Cubery, Assistant Superintendent, and twenty teachers. This church has also a chapel at Temescal, whene services are held every Sunday afternoon at 2 o'clock, with Sunday-school of an average attendance of about seventy. St. Paul's {Episcopar) Church. — This church affords a striking example of what may be accomplished by a few persons in a short time. It has derived its remarkable prosperity through the zeal and wisdom of a few vestrymen, materially aided by a popular and energetic rector. Its inception was begun in a desultory way by a few small gatherings of persons uncomprehending the magnitude which the enterpri.se thus born was shortly to attain. Speedily, however, they realized the work before them, and the church was duly organized in February, 1871. It has drawn within its doors a congregation comprising large influence and wealth from a field comparatively unoccupied before, and is solidly established on a broad temporal and spiritual basis as a great and growing Christian power. The organizers were pecul- iarly happy in the purchase of the church property. It consisted of a chapel with a rectory, belonging formerly to the California College, and a lot one hundred feet square situated at the corner of Twelfth and Webster Streets. The purchase price was ten thousand dollars, payable in ten years, and was secured by an individual note of four of the vestrymen, with mortgage on the property. The deed was made a third party in trust, for conveyance to the church whenever, within a certain, time, it should pay one-fourth the purchase price. The chapel was arranged interiorly to fit it for church purposes at an extreme of two thousand dollars, obtained on loan by individual members of the vestry. Sixty pews were put in, capable of seating comfortably two hundred persons. They were tastefully upholstered, carpets laid, an organ purchased, and real work was then begun. Pew rates were fixed to produce two hundred and twenty dollars monthly, allowing free seats for forty persons. The first twelve months showed an increase from pew rentals from fifty-seven to one hundred and fifty-three dollars, demonstrating a steady growth of membership. Fifty dollars a month was received for rental of the basement for school purposes, and of the rectory for a residence. By the end of a' year the regular income, including offertories and subscriptions met all current expenses, comprising interest, salaries, and incidentals^ and it has since kept pace with the increased expenses. In 1880 the church building was moved to the corner of Fourteenth and Harrison Streets where it is now located. The rectors in charge of the parish up to date have been Rev. Charles W. Turner, 1 871; Rev. J. L. Parks from 1874 to 1879, the first of July in which latter year the present Rector, Rev. Hobart Chetwood entered on the Rectorship. The first officers and vestry were: Allen I. Gladding, Senior Warden; Capt 726 History of Alameda County, California. Watson Webb, Junior Warden, and Secretary; R. C. Alden, Treasurer; Hon. John A. Stanley, John B. Harmon, Dr. W. C. Parker, Thomas J. Hyde, Dr. H. P. Babcock, Thomas Yolland. Those at present serving are Allen I. Gladding. Senior Warden; William. R. Wheaton, Junior Warden and Secretary; D. M Kent, Treasurer; S. W. Bugbee, Secretary. The Sunday-school in connection with the church was organized in 1871, and at present consists of two hundred and twenty-five scholars and twenty teachers under the superintendency of the Rector. St. Andrew's Mission (Episcopal). — This mission is under charge of the Rev. Charles L. Miel, and is doing good work in the cause. There is an average attend- ance of about forty-five families, with fifty-eight communicants. The property it possesses is valued at twelve hundred dollars, but as yet no church has been built^ services being conducted in a room temporarily fitted up for the purpose. It supplies a want long felt in the western portion of the town, and bids fair to become a per- manency in that locality. First Baptist Church of Oakland. — This church was organized with the following constituent members: Rev. E. J. Willis, Mrs. A. N. Willis, Mr. L. W. Taylor, Mr. S. Ayers, Mrs. Mary Potter, and Mr. J. N. Thompson. Rev. E. J. Willis was chosen Pastor, N. J. Thompson, Deacon, and L. W. Taylor, Clerk. In December, 1854, under the labors of Rev. E. J. Willis, missionary, the first house of worship being dedicated at that time, and was the first Protestant church completed in the city. It was located at the corner of Fifth and Jefferson Streets, and cost, with the land, about two thou- sand dollars. Mr. Willis' pastorate terminated in June, 1856, leaving the church without a pastor for about a year. In May, 1857, Rev. Harvey Gilbert began to preach, and, four months later, was settled as pastor. He resigned in December, 1858, and was succeeded in April, 1859, by Rev. J. B. Saxton. In May, 1863, Mr. Saxton having left. Rev. John Francis became pastor of the church. Soon thereafter the house of worship was removed to the corner of Clay and Ninth Streets, a more eligible situation in view of the rapid growth of the city. This house, and the lot on which it was located, were sold, when the new edifice was rented to the German Turn Verein, who occupy it during the week, religious services having been frequently held there on the Sabbath. Mr. Francis resigned in July, 1864, and was succeeded in November of the same year, by Rev. A. L. Baker, a recent graduate from Rochester. He, how- ever, was compelled to resign in a few months on account of ill-health. In July, 1865, Rev. B. T. Martin was called to the pastorate and continued pastor for nearly six years. During Mr. Martin's pastorate the present handsome edifice at the southeast corner of Fourteenth and Brush Streets was erected at a cost of thirty thousand dollars, the lot whereon it stands having cost twenty-five hundred dollars. It was formally dedicated in March, 1869, the chapel in the rear having been occupied three months before, and used while the main building was being completed: Since that time the following pastors with the dates of their induction have supplied the pulpit: Rev. T. C. Jameson as supply, from August 1871 to May 1873; Rev. R. F. Parshall as pastor, from May 1873 to October 12, 1873; Rev. R. Patterson and Rev. C. B. Oakland Township — City of Oakland. 727 Post as supplies, from October 1873 to May 1874; Rev. B. S. McLafferty as Pastor from May 10, 1874 to March 30, 1879; Rev. Granville S. Abbott, D.D., Pastor, from April 2, 1879 to Dec. 31, 1881; Rev. E. Nisbett and Rev. E. H. Gray as supplies (awaiting the arrival of the Rev. Evan Davis* to whom a call had been extended and accepted, but sickness prevented his fulfilling his engagement); Rev. E. H. Gray D.D., Pastor, August 30, 1882. The Sunday-school connected with the church was organized in 1854. It has in attendance thirty teachers and two hundred and sixty-seven scholars, and a library of six hundred volumes. The officers of the church are, Pastor, Rev. E. H. Gray, D. D.; Deacons, J. T. Latimer, Cyrus Dam, C. W. Dearborn, H. Garthwaite, J. Z. Dudley; Clerk, H. Garthwaite; Treasurer, Dr. J. R. Bradway; Trustees, J. P. Cogswell, J. L. Lyon, Ch. Schrieber, James Dalziel, G. F. Lamson. Sunday-school — G. F. Lamson, Superintendent; Charles Baker, Assistant; Wm Lyon, Librarian; Ella Swain, Secretary and Treasurer. Chinese Mission — H. Garthwaite, Superintendent; Organist, Mrs. C. T. Benjamin; Sexton, D. C. Davison. Church of the Immaculate Conception {Roman Catholic). — Thirty years ago a room in a private house served as a place of worship for the Roman Cath- olics of Oakland and nearly the whole of the present county of Alameda. A priest from the Mission of San Josd occasionally made a visit to celebrate mass and administer the sacraments, and even these occasional visits had to be omitted during the rainy season, owing to the bad roads. The first church, a building of the most modest description, was erected in 1853 through the exertions of a few of the congre- gation, and for some time was the only Roman Catholic place of worship in the whole of Alameda and Contra Costa Counties, with the exception of the old Mission. Sub- sequent additions made by the Revs. Fathers Croke and King increased the size of this edifice until it was capable of holding a congregation of several hundreds, b,ut this, too, became entirely inadequate to the needs of the population of Oakland, although three new parishes had been formed in the county. In 1869 Father King determined to erect a church on a scale commensurate with the promised importance of the city. Plans accordingly were prepared for a building surpassing in dimensions anything in the State, though only with the intention of erecting a part of it at first, a design which has been carried out in the ^present structure. The foundations were laid in that year, but various causes retarded any further progress until May, 1871 when the superstructure was commenced and pushed vigorously forward. Although not quite completed the church was dedicated on June 23, 1872, the ceremony being performed by Archbishop Alemany. The sermon was preached by Father Gallagher, to whom, nearly thirty years before, the Roman Catholics of Oakland were in a great measure indebted for their first place of worship. The church is of wood, with heavy brick foundations, and built in the strong- est manner, with double walls firmly braced together. The nave roof principals are supported by posts twelve inches square and fifty-four feet long, to which the principals of the aisle roofs are secured at a height of about thirty-four feet, and these *BurUngton, N. J. 728 History of Alameda County, California. at the outside rest on posts eight inches square and strengthened by side buttresses. The style of the building is early Gothic, and it consists of a nave, side aisles, chancel, and two front towers. The latter are to be surmounted by spires at a future period, but even in their present state their height (one hundred and four feet to the top of the pinnacles) and size give a highly imposing appearance to the front^ The roof is open; on the inside the spaces between the principals and tie-beams, and the latter and the arch braces, in both nave and aisle roofs, being filled in with light and elegant' open-work tracery. The ceiling is paneled and painted blue, with stars; the wood- work being painted white, with flower patterns with tertiary colors. At the sides the arch braces under the roof-timbers are terminated in carved niches, intended to receive statues of the Twelve Apostles. The cornices are also of wood, the arches between the naves and aisles and the chancel arch being, with the walls and ceiling under the organ gallery, the only plaster-work in the building. The organ gallery projects only a few feet into the church, thus allowing its full dimensions to be better appreciated. The windows are filled with rich stained glass, the heads being orna- mented with emblematic figures, and the large front window being quite a fine speci- men of artistic design. It is not the least satisfactory matter in connection with this building, that it is entirely the product of California design and workmanship- Nearly all the men employed on it belonged to Oakland; the stained glass was man- ufactured by Mallon & Boyle, of San Francisco, and the fresco painting- executed by S. Buzzi, of the same city. The entire cost of the building was about thirty-three thousand dollars, while it has a seating capacity for one thousand two hundred and fifty persons. The Sunday-school connected with the church was organized in 1853, and is under the superintendence of the Rev. Father King. It is situated on Jef- ferson Street, between Eighth and Seventh Streets. The First Congregational Church of Oakland. — Was formally organized Decem- ber 9, i860, with a membership of seventeen persons. Its first place of worship was the Baptist church, then situated on the corner of Fifth and Jefferson Streets. Afterwards for a few months its services were held in a building called "The Pavilion," on the Plaza, Broadway, between Fourth and Fifth Streets, the site of the present County Court House. Rev. George Pierson, then pastor of the Presbyterian Church in Brooklyn, com- menced the first Sabbath service of the church in November, i860, and continued to supply the pulpit once each day till the arrival of the chosen pastor. This was Rev. George Mooar, who came from Andover, Massachusetts, arriving in Oakland May 6, 1 86 1, and beginning his services with the church on the Sunday following. May 12th. He was formally installed as pastor August 30th, of the same year. Having been elected to a professorship in the Pacific Theological Seminary, Rev. Mr. Mooar resigned his charge, and left the pastorate August 4, 1870, nine years from his installation. He continued to supply his pulpit and act as pastor, however, for nearly two years longer. The present pastor. Rev. J. K. McLean, D. D., came from Springfield, Illinois, on April 24, 1872, and was installed in the following June. In September, 1861, the church purchased the block bounded by Broadway, Wash- Oakland Township — City of Oakland. 729 ington, Tenth, and Eleventh Streets, for the sum of one thousand four hundred dollars. Upon this a church building was immediately erected, and occupied for religious wor- ship in June, 1862. It was enlarged in 1867; in 1868 a chapel was added. In 1 871 the half of the block fronting on Broadway was sold for sixty-five thousand dollars the church building was removed to the corner of Washington and Tenth. In the ' following April the church was again enlarged. In April, 1878, work was begun upon the present house of worship, corner of Central Avenue and Clay Street. The corner- stone was laid May 21st, and the building formally dedicated January 21, 1879. The cost of the present structure, with ground and furnishing, was in the neigh- borhood of one hundred thousand dollars. It contains sittings for fourteen hundred persons. Its auditorium is undoubtedly the most complete on the Pacific Coast. The church has received since its formation one thousand two hundred and forty- three members, of whom seven hundred and sixty are members at the present time. It has raised for church construction and current expenses down to September, 1882, the sum of two hundred and ninety-nine thousand seven hundred and' fifty-three dol- lars and seventeen cents; and for charitable purposes fifty-six thousand five hundred and nine dollars and fifty-five cents, a total of three hundred and fifty-six thousand two hundred and sixty-two dollars and seventy-two cents. Four other Congrega- tional churches have, since the organization of this church, been formed within the territory it originally held, to all of which it has made liberal contributions, both of members and of funds. A Sunday-school of eight hundred and fifty members is connected with the church; also a branch Sunday-school of nearly four hundred members, meeting on Market Street, corner of Twenty-second. The church has, from time to time, sus- tained other branch schools, which have either grown into churches, or been merged into other schools. The Second Congregational Church of Oakland. — This church was organized on the 31st May, 1868, in the West Oakland School House. Previous tO' this organization a Sabbath-school had been held for some time in the school house, and a "Religious Society" had been formed, and preaching services had been conducted by Prof Martin Kellogg, of the College of California. J. A. Folger, O. P, Treusdell, C. C. Fisher, H. G. McLean, and Dr. D. P. Fonda were the trustees of this- religious society. On the loth of May, 1868, this society was dissolved, and in its place the "Second Congregational Religious Society of Oakland" was formed, of which the same persons were elected Trustees. Soon after this measures were taken for purchasing a lot and building a church at the corner of Goss and Wood Streets. The church building and furnishing cost about two thousand dollars. It was dedi- cated in August, 1868. In 1874 another lot on Chase Street, the one now occupied by the church, was secured. The following year the old building was removed to the rear, of this lot, and fitted up for a lecture- room; and a neat and commodious church edifice was erected at a cost for building and furniture of eleven thousand dollars. It was dedicated December 26, 1875. In November, 1882, there was a remaining indebtedness of three thonsand dollars on the property, which indebtedness was at 47 730 History of Alameda County, California. that time entirely covered by reliable subscriptions to be paid within one year from that date. . The church at its organization was composed of nine members. The entire number received into the church is two hundred and ten. The present membership is about ninety. The Rev. Eli Corwin, the first pastor, entered on his duties in November, 1868, and resigned in December, 1869. After him the following persons have successively ministered to the church: Rev. D. B. Gray, from January, 1870, to October, 1873; Rev. C. H. Pope, from May, 1874, to January, 1877; Rev. W. L. Jones, from April, 1877, to July, 1878; Rev. J. T. Wills, from July, 1878, to July, 1880; Rev. John Kim- ball, from October, 1880, to June 1882. The present pastor. Rev. Walter Frear, began his services with the church August i, 1882. The present deacons of the church are: L. P. Collins, J. Hoag, and J. Jewett. The Trusteestare: George E. Bugbee, J. Hoag, F. C. Marston, M. B. Smith, and L. P. Collins. The Sabbath-school, of which E. E. Walcott is Superintendent, has a mem- bership of two hundred and fifty. Plymouth Avenue Church, Oakland. — In the Spring of 1871, the Trustees of the First Congregational Religious Society of Oakland, for the sake of aiding the Pacific Theological Seminary in purchasing the present site and buildings of that Institution, and for the sake of preparing the way for planting a Congregational Church for the northern part of the city, secured the four lots on the northeast corner of Plymouth Avenue and Elm Street. In the Spring of 1873, on request of twenty- six persons residing in the neighborhood, the Trustees voted to expend five thousand dollars for the construction of a chapel, provided the First Congregational Church approved of the undertaking. June 4, 1873, the church voted its approval. The building was erected under the direction of W. K. Rowell, W. M. Boyd, and I. W. Knox committee appointed by the Trustees. It was at first intended that the congregation should be gathered as a branch of the First Church. But as the way seemed not very clear to this course, permission was obtained of the Legislature of California for the transfer of the property to a dis- tinct corporation. Accordingly, on January 28, 1874, at a meeting held at the house of W. K. Rowell, it was resolved to organize the Plymouth Avenue Church, and Directors were chosen. The building was dedicated March i, 1874: sermon by Rev. J. K. McLean; the other ei^^ercises were conducted by Professors Mooar and B.enton. The entire cost of the building was $6,229.29; of the upholstering and other furnishing, $1,265.30. Regular services were commenced forthwith. The church, was formally constituted and recognized as in fellowship with other churches by a council, April 9, 1874, the recognized membership numbering thirty-eight. Dr. A. L. Stone preached the sermon; Rev. W. C. Pond offered the constituting prayer; Rev. J. K. McLean gave the fellow- ship of the churches; Revs. T. G. Thurston and J. T. Wills also participating. At the beginning of services the Revs. George Mooar, D. D., and Joseph A. Benton, D. D., were invited to supply the pulpit, and the former to perform the pas- toral service of the congregation. The first deacons of the church were, W. K. Rowell Oakland Township — City of Oakland. 731 Amasa Pratt, Charles F. Whitton, Abel Whitton; and the directors: W. M. Boyd, W. K. Rowell, W. H. Jordan, D. S. Sutton, W. H. Love, A. Pratt, S. F. Daniels, the Sunday-school being first placed under the superintendence of Amasa Pratt. The number of those received into the church at its constitution on April 9, 1874, was- thirty-eight, which number was doubled in the following year, and since then the membership and attendance have considerably increased. German Methodist Episcopal Church. — From about the year 1868 to 1872 the preachers of the German Methodist Episcopal Churches of San Francisco felt it their duty to come over to Oakland on Sabbath afternoons, in order to preach the gospel to the German inhabitants of this city. In the year 1882 the Rev. Hermann Brueck was sent here by the authorities of the Methodist Episcopal Church, and Oak- land and vicinity was taken up as a regular mission field. Mr. Brueck commenced holding meetings in the Congregational Chapel on Second Street between Broadway and Washington Street, where a few members were gathered, and a Sunday-school instituted, which was attended by about twenty-five children. This place being rather on one side, and out of the way for many of the congregation, the hall of the Knights of Pythias was rented for a short time and there the congregations were better, and the Sunday-school rose to the number of about forty-five children. At the annual Conference of 1874, Rev. H. Brueck was removed to another field of labor and Rev. Frederick Bonn took charge of the church at Oakland. During his term of service, the First Methodist Episcopal Church at the corner of Ninth and Washington Streets concluded to sell their house of worship, in order to build a new church at the corner of Fourteenth and Clay Streets, and offered it to the Germans for five hundred dol- lars, reserving the seats. A Board of Trustees, consisting of Messrs. August Kaese, Christian Rbde, Philipp Fuchs, I. Rouse, and Charles Ska was formed according to the discipline of the Methodist Episcopal Church and the law of this State, and that church edifice was bought. A lot on Seventeenth Street, near San Pablo Avenue, was bought for the sum of $3,500, and the church was moved to that place. The expenses for moving, repairing, and putting in new seats, amounted to $2,000. A parsonage was afterwards secured, moved to one side of the church and repaired, which added another $1,200; the whole costing now $7,200. Of this amount the sum of $2,200 was raised among themselves, and $5,000 secured by mortgage. At the annual Conference of 1876, Rev. H. Brueck was sent back again for one year. Then the Rev. C. H. Afflerbach took his place. During his administration $2,000 were raised among the members and paid on the mortgage, so that at this time there is a debt of $3,200 resting on the church property. A Pastor's Aid Society consisting of the ladies of the church and outside friends was formed, which still meets once a month for mutual spiritual edification, and for contributing money for helping poor members and for other purposes. Rev. R. Steinbach followed the Rev. C. H. Afflerbach at the annual Conference of 1880, and remained in charge until September, 1882, when the present incumbent, Rev. C. A. E. Hertel was appointed to the charge. The number of members now is twenty-nine; probationers, four. The benevolences of the church are considerable. 732 History of Alameda County, California. The average attendance of hearers on Sunday morning is fifty-five. The Sunday- school has an efficient corps of teachers under the superintendency of Mr. Ph. Fuchs. The church, according to Methodist usage, holds to total abstinence from all intoxi- cating drinks. It is growing in influence and numbers. The church is located on Seventeenth Street, near San Pablo Avenue. Methodist Episcopal Church (South). — In the month of March, 1881, Bishop H. H. Kavanaugh appointed Rev. W. H. Layson to visit Oakland to spy out the land, and found that there never had been any organization of this church in that city, although there were a few whilom members there resident, but so little was the interest taken in the matter that it was not thought even advisable to rent a hall wherein to make a trial. Mr. Layson, however, was not to be thus easily deterred, he there- fore personally secured Camron Hall, commenced services and soon secured a regular attendance of about one hundred persons. Eleven names were enrolled, and soon followed this lead. The hall of the Odd Fellows, at the corner of Eleventh and Frank- lin Streets, was permanently secured and in it services were regularly held, and the congregations grew numerically and substantially. Within six months the member- ship approximated to sixty persons, there being nine on the baptismal-roll. Monthly socials were inaugurated with about ninety in attendance, there was a full and effi- cient choir, while the ladies had a useful and energetic sewing union. A Sunday- school, to meet before service, was organized with a membership of about fifty, while the attendance had increased from one hundred to three hundred persons. In the latter part of December, 1881, Mr. Layson retired from the church and was succeeded by Rev. J. C. Simmons. Seventh-day Adventist Church. — As the name indicates, the distinctive feat- ures of this body of Christians are the keeping of the seventh-day Sabbath, "accord- ing to the commandment," as also the doctrine of the early advent of the Lord to. judge the world— although no time is fixed for that event. They acknowledge no- creed but the Bible, and inscribe upon their banner, " The commandments of God, and the faith of Jesus Christ." They totally abstain from every form of intoxicating beverage, and disfellowship the use' of tobacco. They teach abstinence from tea and coffee as a doctrine of health reform, but do not make it compulsory upon members. The first movement of any prominence by this sect in Oakland, was in April,. 1874, when a large tent was pitched at the corner of Broadway and Thirteenth Street, and a series of meetings held. These meetings were conducted by Eld. James White,, his wife, Mrs. Ellen G. White, Eld. J. N. Loughborough, and other ministers of the faith— all of whom had but recently come from the East. As a result of this- effort, about thirty persons were baptized, which, added to a few individuals who had before embraced this faith, formed the nucleus of the present church. This company rented a hall at the corner of Broadway and Twelfth Streets, and continued to hold regular meetings, and were represented in the State Conference the following Sep- tember. It was not, however, until May 16, 1875, that a permanent organization was effected. At a meeting held for this purpose on that date, Eld. J. N. Loughborough. Oakland Township — City of Oakland. 733 presided, and explained fully the doctrines of the church and the requirements from its members. Thirty-nine names were attached to the " covenant,'' and the following officers were chosen: Elder, D. B. Rickey; Deacon, John I. Tay; Clerk, George Man- uel. During the remainder of the year 1875, sixteen more members were added to the church-roll, and early in January, 1876, a movement was started by the State Conference to secure a suitable location for a house of worship. After careful can- vassing, the very desirable northeast corner of Clay and Thirteenth Streets was selected, and purchased at a cost of four thousand dollars. Here a neat and commo- dious building was erected, costing about twelve thousand dollars. On the 6th day of April, 1876, the legal incorporation of the society was effected, under the name of the Seventh-day Adventist Church of Oakland, and a code of by-laws adopted. The first Board of Trustees was composed of the following persons : D. B. Rickey, President; George Manuel, Secretary; G. A. Baker, Treasurer; John I. Tay and W. C. White. The present Board (1883) consists of W. C. White, President; W. N. Glenn, Secretary; John I. Tay, Treasurer; E. J. Waggoner, and G. A. Baker. The first Pastor of the church was Eld. J. N. Loughborough, who held the posi- tion until 1879, since which time Eld. J. H. Waggoner has very acceptably discharged the duties. The officers of the church for 1883 are: J. H. Waggoner, Pastor; C. H. Jones and E. J. Waggoner, Elders; John I. Tay and W. N. Glenn, Deacons; J. B. Leavitt, Clerk. The membership at this writing is one hundred and eighty.- One of the first acts of the society was the organization of a Sabbath-school, which has been maintained with a good degree of success, having a well-selected library. The school has a membership of one hundred and seventy. There are five divisions, and twenty- seven classes. The present officers are: C. H. Jones, Superintendent, and E. J.Wag- goner, Assistant; Miss Emma Boyd, Secretary, with Miss Alice Morrison, Assistant; and V. M. Donaldson, Librarian. Central Mission Sunday School. — One Sunday morning early in January, 1876, while walking through Sixth Street, W. R. Bentley was attracted by the num- ber of children playing at the corners and in the vacant lots, many of whom were old enough to be members of Sunday-schools. He learned that some attended schools while others were allowed to remain at home and pass the time as they felt disposed, with little or no religious influences around them. The impression that there was an opportunity to organize a school that should •call to its support earnest Christian men and women, who could go out among people and invite all who were not engaged, to come in and work, so possessed him that he resolved (God helping) to undertake it. The subject was mentioned to B. S. Tower and others, all of whom thought it would be a noble undertaking. Some promised pecuniary aid, while others said they would come and labor. After having the matter under advisement during all of February, and finding many friends of such a move among the residents of the southern part of the city, arrangements were made with Mr. Sagehorn, for the use of the Academy of Music, on Sixth Street, for one year, at four dollars each Sunday. The first regular session was held Sunday afternoon at half past two o'clock, 734 History of Alameda County, California. March 19, 1876. There were present twenty-six children and twenty visitors and friends. All left the session fully impressed that a glorious work had been undertaken. The early officers were: William R. Bentley, Superintendent; Benjamin S. Tower, Assistant Superintendent; Fred. C. Miles, Secretary; Theodore O. Gladding^ Librarian; Miss Ella Bradway, Treasurer; Miss Fannie Betancue, Collector and Pianist. January 13, 1878, the school moved to Pythian Hall, on Broadway, caused by a notice from Mr. Sagehorn that the Academy of Music was to be turned into a Tivoli Garden. These parties failing, the school moved back to the Academy of Music, March 10, 1878. June 16, 1878, Mr. and Mrs. Brooks donated to the school library twenty-five books. During April, 1 879, Mr. Edmund Pugh was chosen Musical Director of the organization. Thursday, January i, 1880, the school held at the hall a New- year's tea-party. A large number were present, who seemed to enjoy themselves. March 7, 1880, the Sabbath-school moved to Camron Hall, then on Fourteenth Street, as the seats were more conveniently arranged. January 9, 1881, Mr. and Mrs. Stebbins (who were with Mr. Moody, the Evangelist) visited the school, and sang a few selections. August 28, 1 88 1, the school moved to the parlors over the Independent Church, corner of Thirteenth and Jefferson Streets, on account of Camron Hall being turned into an opera garden. It was thought best, as the Young Men's Christian Association and the school were both undenominational bodies, to unite the two; this change was made Sunday,, May 24, 1882, and the school is now a part of the Young Men's Christian Association of Oakland. The resignation of Mr. Pugh, Musical Director, was accepted July 9, 1882. The school owes a great portion of its success to him, as he has spent many days laboring for the "School Gatherings," which brought many a dollar to the school, without a cent in his pocket. Yes, he even often paid out money in the interest of the school. The school meets at 865 Broadway each Sabbath afternoon, at half past two- o'clock. Attendance on the increase. The officers for 1883 are as follows: B. S. Tower, Superintendent; Dr. C. S. Lane, Assistant Superintendent; R. S. Gladding^ Secretary; J. C. Estey, Treasurer; Fred. Lane, Librarian; Miss Mamie Tower, Pian- ist; Miss Hattie Carson, Assistant Pianist. Young Men's Christian Association. — The Young Men's Christian Asso- ciation of Oakland was organized July 24, 1879, in the First Presbyterian Church, with A. A. Dewing as President. It soon secured a room located at the corner of Eleventh and Washington Streets, at a cost of ten dollars per month, and held meetings on Tues- day evening and Sunday afternoon, until August 1 3th, when they were compelled to move to other quarters. A room was secured at Medical College Hall, at a cost of fifteen dollars a month, and was occupied until June i, 1881, when they moved to a store under the Masonic Temple, at the corner of Twelfth and Washington Streets. They then began to realize their need of a General Secretary, in order that the work might be carried on successfully. Several gentlemen in the East were written to, but none of them consented to come. They then found that if a General Secretary was Oakland Township — City of Oakland. 735 secured it must be from their own State. E. S. Fowler, of San Francisco, was accordingly called to fill the position December 20, 1881, and entered upon his duties January i, 1882. Prominent business men were interested in the work, and were appointed as mem- bers of the Board of Directors, fourteen in number. They were divided into four committees, as follows: Financial, Library and Rooms, Lecture and Entertainment, and Publication; and proceeded immediately to make arrangements for more commo- dious quarters, as the rooms they were occupying were not large enough to accommo- date those who came. The upper part of a large building on Broadway, between Seventh and Eighth Streets, in the center of the city, was rented for fifty dollars per month, and fitted up at a cost of about seven hundred dollars, which made it pleasant and attractive. The audience-room will .seat comfortably about four hundred people. The reading-room is well supplied with reading-matter, is cheerful and attractive, and adjoins the office, which is also the library, and contains nearly one thousand well-selected books. The Association is now conducting twelve religious meetings each week, with wonderful success, among which is a noonday meeting that has been the means of doing very much good. Reading-room. — Rooms open from 8 A. M. to 10 P. M.; Sundays from 9 to 10:30 A. M.; 12:30 to 7:15. Young men are cordially invited to visit the rooms during their leisure hours, day or evening. The General Secretary may be found at the rooms at all hours, willing to give advice and assistance to young men in need of friendly aid. Parlors Open Day and Evening. — For social intercourse. It offers free to every young man, Reading and conversational rooms, writing material, directory of good boarding-houses, visitation in sickness, aid in obtaining employment, social compan- ionship, course of free lectures. All young men are invited. Strangers are especially welcome. Any young man of good moral character may obtain an annual ticket for two dollars, ladies same price. For membership,, or further information, apply to the General Secretary, at the rooms, 865 Broadway. . Stated Meetings. — Daily, 12:00 to 12:45, Noonday Prayer-meeting; Sunday, lo A. M., City Prison Service; Sunday, 2 P. M., County Jail Service; Sunday, 2:30 P. M., Mission Sunday-school; Sunday, 4:30 P. M., Gospel Meeting for all; Sunday, 5:30 P. M., Young Men's Meeting; Monday, monthly meeting of the Association — second Monday each month; Tuesday, 7:30 P. M., Young People's Meeting; Friday, 7:30 P. M., Song Services, Concert, Lectures, etc.; Saturday, 7:45 P. M., Young Men's Meeting; Sunday, 4:30 P. M., Odd Fellow's Hall, East Oakland, Branch Gospel- Meeting; Boys' Meeting, 13th of each month. The Association publishes a monthly journal by the name of The Bulletin, circu- lating two thousand copies. Educational classes are held during the winter months; also, a course of medical talks, given by prominent physicians. Altogether, the association is in a most pros- perous condition, and is looking forward to a great harvest for the Master during the coming months. Officers* for 1883.— President, J. M. Buffington; First Vice-President, David E. 736 History of Alameda County, California. Collins; Second Vice-President, C. W. Dearborn; General Secretary, E. S. Fowler; Clerk, C. E. Cornell; Treasurer, Dr. J. Fearn; Auditor, A. J. Ralston; Directors, Geo. T. Hawley, A. J. Ralston, J. L. de Fremery, C. W. Kinsey, R. W. Snow, C. S. Lane, R. Whitmon, Chas. H. Fish, David McClure, Jr., J. M. Buffington, David E. Collins, Geo. H. Collins, C. W. Armes, D. H. Potter, J. L. Lyon, J. G. Hoyt, E. W. Playter, W. H. Rouse, Dr. J. Fearn, C. W. Dearborn, C. F. Baker, G. T. Walker, J. C. Adriance, C. A. Bailey, H. Garthwaite, Dr. J. S. Adams, Wm. Verbeck, W. F. Curtis. Committees of the Board. — Finance Committee — Geo. H. Collins, Geo. T. Hawley, C. W. Kinsey, A. J. Ralston, J. L. de Fremery, D. H. Potter, E. W. Playter, Dr. J. S. Adams, Chas. H. Fish; Library and Room Committee — C. W. Dearborn, G.T.Walker, J. C. Adriance, H. Garthwaite, W. F. Curtis, C. S. Lane; Lecture and Entertainment Committee — C. W. Armes, David E. Collins, Dr. J. Fearn, Wm. Verbeck, C. F. Baker; Publication Committee — C. A. Bailey, R. W. Snow, R. Whitmon, J. G. Hoyt, J. L. Lyon, W. H. Rouse. Committees of the Association. — Devotional Committee — D. E. Collins, C. A. Bailey, C. E. Cornell, Myron T. Holcomb, Chas. F. Baker; Reception Committee — G. H. Merrill, A. A. Dennison, Robert Swartwout, Gary Howard, G. W. Lane; Member- ship Committee — J. C. Adriance, J. C. Hill, Wm. Verbeck, W. F. Lange, R. Black- wood; Visitation of Sick Committee — Geo. W. Waggoner, W. S. Dryden, L. Caldwell, N. R. Turner, J. W. Welch; Employment Committee — D. H. Porter, J. R. Sumner, W. W. S. Merriam. Past Presidents.— A. A. Dewing, 1879; F. S. Page, 1879-80; S. I. Merrill, 1880-81; Dr. C. S. Lane, 1881-82. Schools. — The College School, College of California, and University of Califor- nia are mentioned in connection with each other, because the College of California grew from the College Sqhool, and the State University* is the full development of the College of California. Each institution marks an era in the progress of the cause of education in the county. A correspondence was commenced among some of those who subsequently became trustees, on the possibility of founding a college in California, as early as the year 1849. Plans were laid at that time, but there was very little progress until the Spring of 1853. At that time the Rev. Henry Durant arrived, and a plan for open- ing a College School was matured at a meeting of the Presbytery of San Fran- cisco and Congregational Association of California. A building which stood on the northeast corner of Broadway and Fifth Streets was rented, and school was opened by Mr. Durant. At first the school was exceedingly small, and for several years its growth was slow. Funds were raised by subscription, and the four squares now occu- pied by the College and College School were purchased. At this early day, the services rendered by the Rev. S. B. Bell, the Pastor of the Presbyterian Church, were of incalculable importance, and but for him Mr. Durant would have been unable to have continued in the enterprise upon which he had embarked. The College of California was incorporated in April, 1855. The trustees entered upon their work with much energy, and frequently gave from their private funds for * The history of the State University will be found elsewhere. Oakland Township — City of Oakland. 737 the support of the institution. In 1856 the Rev. Horace Bushnell was elected Presi- dent. While having the matter under consideration, he gave a large portion of his time to a careful examination of the country around the bay of San Francisco, and the site finally chosen was in accordance with his preference. It may, therefore, be stated that the site for the University building, at Berkeley, is the best that can be found anywhere in close proximity to San Francisco, for the opinion of such a man as Doctor Bushnell, proved to be of more value than that of any number of commissioners acting under the authority of a legislature, and exposed to the number- less improper influences which would beset them. The first Freshman Class was admitted in the summer of i860. A small college building was erected, and a college faculty chosen. To meet the increased expenses renewed exertions were made and sufficient funds were obtained. In March, 1862, Rev. S. H. WiUey was elected Vice-President of the College. A larger building was erected, and a fund was raised for the endowment of the Presidency. Efforts were made to secure the services of some suitable person from the East, to act as Presi- dent, but without success, therefore Mr. Willey was continued as Vice-President to administer the affairs of the institution. The first class admitted graduated in June, 1864. As stated above, Rev. Henry Durant was Principal of the College School from 1853 to i860. He was succeeded by Rev. I. H. Brayton, who, for eight years, enjoyed the assistance of F. M. Campbell, A. M., lately the State Superintendent of Public Instruction, and Rev. E. G. Beckwith. In 1865 the Trustees of the College ceased to retain proprietary control of the College School, though continuing to exercise supervisory oversight, and stipulating that the original purposes in its establishment should be adhered to. In its day it was acknowledged to be the largest institution of its class upon the Pacific Coast. Its property was estimated at one hundred thou- sand dollars. Public Schools. — The "Athens of the Pacific" has just cau.se to feel pride in her institutions of learning, for nowhere in the world has better provision for the education of the young been made. The information which we are about to place before the reader has been gathered from the Report of the Superintendent of Public Schools to the Board of Education of the city of Oakland for the school year ending June 30, 1881, an elaborate document containing a vast amount of interesting infor- mation, but which we have not the space to reproduce i-n its entirety. The total population of the city according to the census of 1880, was thirty-four thousand four hundred and fifty-six. A comparison with the census of 1870, when the population was stated at ten thousand five hundred, shows the city to have more than tripled itself in the last ten years. On June 30, 1 881, we find, from the School Census Marshal's report, there were twelve thousand one hundred and eighty-five chil- dren under the age of seventeen years, of whom there were eight thousand two hundred and forty-two in the seven wards of the city between the ages of five and seventeen years. Of these five thousand nine hundred and sixteen attended the public schools, seven hundred and eighty-one private schools, and one thousand five hundred and forty-five attended no school at all. This last item, however, is misleading, from the 738 History of Alameda County, California. fact that the census enumeration includes all children between the ages of five and seventeen, while pupils are not admitted to the city schools until six years of age. Many parents do not send their children to school until seven, eight, and nine years of age; and numerous boys who have completed the whole, or a greater portion of the course of study prescribed for the Primary and Grammar Schools are put to work at from thirteen to sixteen years, so that fifteen hundred and forty-five does not represent the number who have never attended school, but those who, from whatever cause, have not attended school during the year. The unusually large number of excellent private schools in the city affords increased facilities for educational pur- poses, and the number of children whose names do not appear upon the rolls of some one of the schools is exceedingly small. The following comparative table of school statistics, shows the condition of the schools and the growth of the department from the organization of the first class in July, 1853, to the year 1881. Some of the records containing the early statistics of the schools have been destroyed, so that no complete report can be obtained, but the table is sufficiently clear to show the rapid growth of the city and School Department, and the provision that has been made for the education of the children: — TABLE Showing Growth of the Department. 51 -si 1' a> 1 No. of Children who have Attended Private School only during the Year. Total No. Enrolled, excluding duplicate Enrollment > < era g o* n >-< So? S-s, ■ & Average No. Pupils per Teacher, based on Average No. Belonging. 1854 No Record. 193 276 288 218 313 319 , 357 417 336 271 343 400 407 469 642 668 733 795 781 No Record. 85 93 159 209 355 530 674 790 16' 59 54 35-5 27 45-7 58 57 62 11 140 189 3" 471 613 735 I 2 2 I I 2 I 2 2 2 3 5 6 10 15 19 28 33 51 62 64 78 95 112 127 133 I8SS '5| 136 189 144 91 54 90 84 130 142 175 ■30 217 333 332 687 749 1057 1410 1856 1857 1858 1859 i860 391 416 481 475 626 771 701 925 1038 1328 1617 1792 2417 3006 3953 4749 5742 6592 6670 7950 8108 8242 i86i 1862 1863 1864 1865 1866 1867 1868.. 1869 1870 1871 42.5 46.5 53 41.8 59-16 53 44-93 41-58 1872 1873 1874 1875 1876 1877 1878 1879 1880 i88i. ....... 1580 2118 2679 2985 3732 4066 5080 5952 6125 7262 1419 1789 2234 2679 3212 3630 4240 4836 5281 5461.56 1327 1692 2118 2503 3120 3477 4119 4599 4983 5237.80 43 35-08 41-37 43.06 50.18 46.54 44-63 43-21 41-58 41.06 From the organization of the first public school in this city in July, 1853, enumeration included children between the ages of four and eighteen. From July, five to fifteen, and from that date to the present, from five to seventeen. to July, 1865, the census 1865, to July, 1873, from Oakland Township — City of Oakland. 739 The following table exhibits the names of school buildings, their location and capacity, the size of school lots and estimated value of school property: — TABLE Showing Name, Location, and Capacity of Buildings, and Estimated Value of School Property. Name of School. High . . . Prescott . Cole Tompkins. . Lincoln . . . Durant . . . . Franklin . . Lafayette Grove Street Harrison Street Swett Court House +Lynn Broadway & 25th St Plymouth Avenue. . Watts' Tract X Evening Carpenter Shop . Location. Size of Lot Corner 12th and Market Streets. . Campbell Street, bet. Seward and Taylor loth St., bet. Union and Poplar. . Sth St., bet. Chestnut and Linden Alice Street, bet. loth and nth. . 28th St., bet. Grove and West. . . lothAve., bet. East 15th and East i6thSts Jefferson St., bet. nth and 12th. . Grove Street, between 4th and 5th Corner Harrison and 6th Streets . . E. 20th St., bet. 12th & 13th Aves, Cor. E. 14th St. and 20th Ave. . . . Lynn Corner Broadway and 25th Streets Cor. Elm St. and Plymouth Aves, Corner Magnolia and 32d Streets. 9th St., bet. Washington and Clay Corner 17th and West Streets . . . E. 14th St., bet. ioth& nth Aves. 271x150 270x140 230x193.9 250x120 200x175 250x280 300x300 300x200 200x100 On Plaza 300x300 400x133.3 90x155-74 50x140 Totals 133 6547 $120,225 $209,500,135,100 1364,825 Value of Lot. 709 927 822 S89 729 690 623 634 20I 200 45 25 60 40 60 Value of Building $10,700 7,600 8.925 4,800 16,000 5,000 12,000 28,000 6,500 9,000 5,000 Rented 2,400 Rented 3,200 1,100 f33>ooo 23,500 32,500 20,000 26,000 29,500 23,000 12,000 3,000 2,000 5,000 Rented. Unimp'd < $7,000 4,500 4,000 3,000 4,000 3>7oo 3,000 3,000 1,000 600 800 100 100 80 150 70 —j fa 10,232.25 10,322.69 10,285.87 10,281.74 10,381.20 10,455-9° 10,660.16 10,749.15 10,665.31 10,749.70 21,517. 70.00 $196.50 $2,4oo'$i26,37i. CONTINGENT EXPENSES. w 707.50 707.50 707-50 707.50 722.50 727.50 722.50 732-50 727.50 727.50 717.50 717.50 18,625.00 3- " 83-33 83-33 83-33 83-33 83-33 108.33 •33-33 133-33 133-33 133-33 133-33 133-33 $1,324.96 Rents. III. 00 III. 00 III. 00 III. 00 III. 00 157.40 161.00 135-00 135.00 135-00 95-00 95.00 ?{ 1, 468. 40 TABLE Of Expenditures for the Fiscal Year Ending June 30, 1881. — Continued. MONTHS. July August September. . . . October November. . . . December . . . . January . , February. March . . . April . . . . May . June. Totals. INCIDENTAL OR CONTINGENT EXPENSES. Gas. 12.90 20.40 $45.50 % 70 70 70 70 70 70 70 70 70 70 70 70 Fuel. 154-25 495-75; 836.00 170.50 69.50 52.00 $1,899,12 I 7i 673-76 286.18 30.75 121.80 119.75 337-75 92.00 21.45 618.20 29.65 197,47 106.79 fe,635-55 Kg S 3 p m I P 293.00 196.22 102,22 146.09 13-48 207.69 265.00 23-37 12.65 127.50 68.09 82.38 $1,424.87 5-53 101.56 7.18 4-39 3-30 $422.98 2 cfi erg- ft S. ►I — . t'. JO 53-03 55-85 273.26 376.99 146.20 15-95 241.50 413-07 90-99 139.20 100.30 68.24 «i,974-S8 3' 73-35 23-25 303.00 11.50 15-25 30-15 19.00 $475.50 > p. \|: $172. 56 19 30 530.24 13-60 1,461.64 5137s 801.65 $280.60 $3,307.28 32.30 9.80 6-75 8.65 41.40 16.60 120.00 14-55 J7-3S 22.00 44.20 90.25 '412.10 ^835,95 * Census Marshal. Oakland Township — City of Oakland. 743 Pacific Theological Seminary. — This institution was founded in 1869, in San Francisco. The buildings erected by the Female College of the Pacific, on Academy Hill, were purchased by the seminary, and possession taken in June, 1871, at which time the regular exercises of this seminary were commenced. The regular course of study extends over three years, but there are courses adapted to two years or to one year. The seminary is under the auspices of the Congregational Church, but the course of study is not biased in favor of that denomination, some of the students belonging to other churches. The Rev. George Mooar is Professor of Theology. California Military Academy. — The Rev. David McClure, Ph. D., who is the present Principal, founded this institution in January, 1865, as a private school. The superiority of his course of instruction, which combined military discipline with a full collegiate course of studies, was soon acknowledged, and so numerous were the applications for admission, that Dr. McClure consented to enlarge his establishment, employ assistants, and give the youth of the remote West an opportunity to acquire an education such as could otherwise be obtained only at West Point. The school at this time was located on Ninth Street, near Franklin, Oakland, to which a roomy addition was built the first year after the founding of the school. The number of cadets con- stantly increased, and in 1867 the present site of the Academy was purchased by Dr. McClure, and the following year the fine main building was finished, and the school removed thereto. In 1868 the armory, a two-story building, was erected, but a year later, in 1870, it was found to be insufficient for the accommodation of its increasing patrons, and another large building, three stories high, seventy-five feet by one hun- dred and fifty feet, was built, connected with the armory by a covered passage twenty feet wide. The first floor was used for recitation-rooms, and the two upper floors as dormitories for the cadets. A destructive fire occurred on the 20th of September, 1873, which completely destroyed the elegant new building, the armory, barns, and other outhouses, inflicting a serious loss upon the proprietor, as the insurance upon the buildings burned was very small. The main building, upon which there was a heavy insurance, was saved intact. Nothing daunted by this calamity. Dr. McClure immediately set to work to have the destroyed buildings rebuilt, the school in the mean time occupying the building then recently vacated by the State University, which was kindly placed at Dr. McClure's disposal by President Oilman, and no interruption to the regular course of studies occurred. Very soon the elegant new buildings, much larger and finer than the first, took the place of those destroyed, and in an incredibly short space of two months' time were finished, furnished, and ready for occupancy. The location of the Academy buildings, three in number, three stories high, is on a beautiful eminence situated on Telegraph Avenue in'the northern part of Oakland, and commands one of the most extensive and finest views of the surrounding country afforded in the limits of the city. The bay and city of San Francisco, the several islands in the former, the Golden Gate, and a fine view of the ocean beyond, while Berkeley, Temescal, Alameda, Fruit 744 History of Alameda County, California. Vale, and nearly all the beautiful and extensive city is to be seen from its upper windows. The grounds are laid out in artistic design, and filled with a profusion ot lovely flowers and shrubbery, including trees of choice selection, and as a whole tne surroundings cannot fail to exert a salutary and ennobling effect upon the cadets whose mental and physical training is conducted under such favorable auspices. 1 ne proprietor has devoted his time and energy to the welfare and instruction of the cadets within the institution, without endeavoring to bring it into public notice m any other way than through the superior merits evidenced by the number and standing of its students. The school occupies such an exclusive field that the general public would be the loser through the quiet unobtrusiveness with which it is conducted, rather than the institution itself for lack of patronage. Therefore we take pleasure in calling the. attention to those who have the education of the young lads of to-day in hand to the merit of this unrivaled institution of learning. The course of studies is of three classes: i. Classical; 2. English and Scientific; 3. Business course. A preparatory department is provided for those who are not pre- pared to enter the academic course of study. The English and scientific and business courses are divided into four classes occupying four years; the classical embraces the advanced English course, Latin, Greek, French, German, Ancient Geography, and Mythology. This course prepares students for any university. The academic year is divided into two terms of twenty weeks each, beginning the third Monday in July and the first Monday in January. Military Exercises and Discipline. — The physical condition of youth is regarded of so much importance as to require the study and the practical application, as far as possible, of the laws of health in the daily routine of school life. Military exercise, including light gymnastics, is a means to secure for students strength of body, vigor of constitution, and manliness of bearing. Its discipline will fit them for all depart- ments of life which demand promptness, accuracy, presence of mind, ability to gov- ern, energy, and endurance, Admission. — The applicant is understood to intend to give cheerful and prompt obedience to proper authority, and to maintain a high standard of morals, and of polite intercourse with the instructors and cadets of the Academy. None but trust- worthy students are desired. Expenses. — Instruction in the English and Scientific Course, Book-keeping, Latin and Greek Languages, Board, Washing, Gas, and Fuel (payable in advance) $180 per term of twenty weeks. Extra Charges. — Piano, Drawing, Painting, French, German, and Spanish. The Hopkins Academy. — This academy is situated on a commanding position between Broadway and Telegraph Avenue, and was formerly known as the Golden Gate Academy. By a donation to its funds from Moses Hopkins, of San Francisco- the institution was placed under its present name on a firm financial basis, enabling it to enlarge its sphere of usefulness. The teaching, although unsectarian, is under the supervision of the Congregational denomination. The Rev. H. E. Jewett, of Amherst College, is the Principal, who is aided by a very efficient force of tutors. 4^^ Oakland Township — City of Oakland. 745 Sackett School. — This institution was established in July, 1879, on the prem- ises it now occupies — No. 529 Hobart Street, Oakland, California, by Professor D. P. Sackett. The school aims to provide the best of foundation work in education, united with a patient and painstaking training of its students in all those habits of life which combine to form real nability of character. Started in the midst of great business depression and in a community famous for its excellent educational advan- tages, it has steadily increased in numbers and popularity, and has nearly one hundred students, including day scholars and baarders, on its attendance-roll. This record is proof enough of the solid worth of this flourishing school. While the fundamentals of education, reading, writing, spelling, etc., receive the daily instruction of masters of recognized ability, provision is also made for the most thorough training of the more advanced students in the higher branches of a well- balanced education. There are three departments of instruction — Primary, Intermediate, and Academ- ical. The Academical Department has a Classical Course which prepares students for the best colleges; an English Course for those who do not expectto go to college, and a Commercial Course. The best instruction is furnished by graduates of experience from Eastern col- leges of the first rank, and from the University of California. The physical well- being of the students is amply secured by a well-equipped gymnasium, and a recre- ation ground unequaled in the city. It was not the design of the founder to establish a school great in numbers, but one whose quality and training shall accomplish for the Pacific Coast what our best Eastern schools of similar grade are doing for the Atlantic Coast. Ladies' Schools. — The history of institutions in Oakland for the exclusive instruction of young ladies is interesting. On November 8, 1858, the Oakland Sem- inary was commenced by Mrs. G. M. Blake in a private parlor on Broadway and Sixth Streets, with a class of four young ladies. By April i, 1859, the school had so increased as to require a larger room; it was therefore removed to the corner of Broad- way and Eighth Streets, where it remained until March i, i860, when it changed its locality to the corner of Fifth and Jackson Streets, where it remained four years. A new building was commenced (that now known as the Blake House) on Washington Street between Eleventh and Twelfth Streets, in June, 1863, and completed on the 24th October, where it was permanently established. Another institution was the Female College of the Pacific, which owed its exist- ence to the efforts of the Rev. E. B. Walsworth, whose personal exertions first secured the means of establishing it. During the first years of the institution. Rev. S. S. Har- mon and wife had the immediate control, and its success and subsequent reputation was in no small degree due to their skill as teachers, and to the efficiency with which they performed the varied duties which devolved upon them. In April, 1864, the ■■' Pacific Female College" was incorporated under the general laws of the State. A. department had been opened June 15, 1863, and the existence of the college properly dates from that time. It possessed the full right of conferring degrees, those bestowed • being: A. E. (Artium Excelsior), and S. B. (Baccalaureate of Science). 48 746 History of Alameda County, California. From these have sprung the several female seminaries in Oakland and its environs: — The Snell Seminary. — Is located at No. 568 Central Avenue, or Twelfth Street, and was opened for students in July, 1878. Its object is the education of young ladies, of whom there are at present over a hundred in attendance, who are received either as boarders or day scholars. The principals are Miss Mary E. Snell and R. B. Snell. Miss Bisbie's School. — Is attractively situated on the western margin of Lake Merritt on Oak Street, between Eleventh and Twelfth Streets, and was established by Mrs. E. C. Poston in 1872.' This lady was formerly principal from a seminary in MarysviUe and was induced to move her establishment from Marysville, which she did, purchasing the residence of General Heath for the purpose. Convent of Our Lady of the Sacred Heart — This is one of the leading educational institutions of Oakland, and is located in a picturesque position at the head of Lake Merritt, commanding a fine view of the city of Oakland and its environ- ments, including the bay and Golden Gate. This convent was founded by the Sisters of the Holy Names of Jesus and Mary, in 1868, under the patronage of Rev. Father M. King, Pastor of the Catholic Church in Oakland. This religious order, like the Sisters of the Presentation, is devoted principally to teaching, and its members receive a special training for that high and responsible office. The building of this convent was erected in 1872 at great expense, and is one hundred and ten by seventy-five feet, and three stories high, exclusive of the basement. It has all the modern improve- ments and conveniences necessary for the comfort of the pupils. The basement con- tains a gymnasium provided with wards, dumb-bells, rings, and Indian clubs, refectories, pantries, and kitchen. The first story contains parlors, music rooms, museum, and library. Through the kindness of the numerous friends of the Institution, valuable additions are constantly being made to the museum, and the different specimens are of great service to the members of the various classes. The library consists of over one thousand vol- umes of choicely selected books, many of which have been presented by friends. In the second story are class-rooms, oratory, and recreation-halls. The third story contains dormitories, toilet-rooms and bath-rooms. The attic is used for the trunks and clothes of the pupils. From the roof, which is flat, there is a good outlook from which a fine view of the bay and surrounding country is obtained. On bright and pleasant even- ings this is used as an observatory. In the rear of the convent is an old building which is used as a chapel, drawing-room, and infirmary. The placid and smiling waters of Lake Merritt bound the grounds on two sides, and boats are provided in which the young ladies find much enjoyment in rowing. They are also allowed to indulge in various other proper amu.sements. The course of study coniprises all the elementary and higher branches of education, including polite literature, metaphysics and mathematics. There are also special courses in music, singing, drawing, paint- ing, and ornamental needlework. The pupils are also well schooled in plain sewing, cooking, and other housewifery accomplishments. Three times a week two pupils appointed by the Principal don large calico aprons and under the supervision of two Sisters, learn to prepare not only ornamental desserts, but the more substantial dishes of a good dinner. There are several Sisters, novices and postulants in the Convent; Oakland Township — City of Oakland. 747 also a large number of students, who are boarders. The Institution is in a very pros- perous and thriving condition, and a good work is being done. California Medical College, Eclectic. — This college was organized under the auspices of the Board of Trustees and Faculty of the California Medical College in 1878, with the following office-bearers; Dr. J. P. Webb, President; Dr. McRae, Secretary; C. C. Mason, First Vice-President; M. F. Clayton, Second Vice-President, J. H. Bundy, Treasurer. The college is organized as the exponent of liberal and pro- gressive medicine and surgery, its aims being to present to the student medical science in all its breadth, while it recognizes Truth wherever found, irrespective of sect or school, and adopts every scientific discovery and rational idea that tends to promote the healing art, for standing on the broad platform of Eclecticism, with reference to the methods and agents of medication, they adhere to no creed, but aim to follow wherever Truth and Science lead. The Board of Trustees are advocates of medical education for women, who are therefore admitted to the college on the same terms as other students. As the sole aim of the college is to educate good practical physicians and surgeons, its course is free from all exclusiveness and bigotry, and will accept stu- dents with reference solely to their attainments, and not with regard to the schools or preceptors that may have them. The professors are men in the prime of life, capable of keeping abreast of the daily improvements in all branches of their respective chairs, and, as practicing physicians, of imparting to students what is most useful and practi- cal, no less than what is theoretical and fundamental. The College building is located on Clay Street, between Tenth and Eleventh Streets, and excels any similar institu- tion west of Chicago. It is four stories in height; on the second floor are a magnifi- cent hall, and three suits of offices; on the third floor are the amphitheater, museum, library, and laboratory. The dissecting-room, the best appointed on the coast, is spa- cious, and thoroughly ventilated by means of the dome. The present Board of Trustees consists of D. Maclean, M. D., President; Colin Campbell, First Vice-Presi- dent; O. P. Warren, M. D., Second Vice-President; J.^P. Webb, M. D., Treasurer; D. D. Crowley, M. D., Secretary. The Medical Faculty comprises: D. Maclean, M. D., Professor of Obstetrics and Gynaecology; D. D. Crowley, M. D., Professor of the Principles and Practice of Surgery and Clinical Surgery; A. W. Bixby, M. D., Pro- fessor of the Principles and Practice of Medicine and Clinical Medicine; F. Webster, M. D., Professor of Materia Medicaand Therapeutics; G. G. Gere, M. D., Professor of Anatomy, Surgical Anatomy, and Demonstrator of Anatomy; M. Herzstein, M. D., Professor of Physiology and Nervous Diseases; S. P. Meads, A. B., Professor of Chemistry and Toxicology; M. H. Logan, M. D., Adjunct Professor of Chemistry; F. Cornwall, M. D., Professor of Opthalmology, Laryngology, Otology; Colin Camp- bell, Professor of Medical Jurisprudence. Dean of the Faculty, Professor D. Maclean, M. D. Ladies Relief Society of Oakland. — This association was originally organ- ized in March, 1871, and on June 6, 1872, was incorporated by the following ladies and gentlemen: Mrs. Virginia T. de Fremery, Mrs. Catherine E. Kirkham, Mrs. Jen- nie C. Carr, Mrs. C. C. Curtis, Mrs. Lucy C. Dam, Mrs. Cornelia B. Dwinelle, Mrs. 748 History of Alameda County, California. Sarah Milliken, Mrs. Louise J. Campbell, Mrs. A. Sarah Jones, Mrs. L. P. Fisher, James dc Fremery, Alexander Campbell, and Henry C. Campbell, who desired to act in concert for the care, protection, relief and improvement of unprotected and needy women and children in the city of Oakland. The following were then elected to take charge of the estate and property belonging to the corporation: Mrs. Martha R. Moore, Mrs. Lucy E. Dam, Mrs. Cornelia B. Dwinelle, Mrs. Ida J. Spear, Mrs. L. P. Fisher, Mrs. C. C. Curtis, Mrs. G. W. Dam, Mrs. A. Sarah Jones, Mrs. Margaret Ferine, Mrs. Harriet D. Palmer, Mrs. Catherine E. Kirkham, Mrs. Josephine Chase, Mrs. Sarah H. Tompkins, Mrs. Mandana M. Wedgewood, and Mrs. Mary R. Mathews. The society is controlled and managed by a Board of thirty directors, from whom a President, two Vice-Presidents, a Recording Secretary, a Corresponding Secretary and a Treasurer are elected. The payment of five dollars annually constitutes an annual member, and fifty dollars cash entitles one to life membership. The society is wholly non-sectarian. It now consists of sixty life members; two honorary mem- bers; and nearly eight hundred monthly subscribers. Meets in the chapel of the First Congregational Church at the corner of Clay and Twelfth Streets on the first Thurs- day of every month during the winter and at the Home during the summer months. The Society owns a home and ten acres of land on the south side of Linden Avenue, between Broadway and Telegraph Avenue, Temescal. WOMENS' Chrlstian TEMPERANCE UNION.— The object of this society may be gathered from the following pledge: "We, the undersigned, women of California, covenant with one another in a sacred and enduring compact against the wicked sale of alcoholic stimulants, under whatsoever name or form it may be conducted; and, although sanctioned by law, we pledge ourselves now to work for such a change in those laws as will give u; pDwar to reclaim the fallen; to prevent the young from con- tracting tastes and habits that will eventuate in drunkenness, and for the creation of a high moral and religious sentiment in favor of total abstinence from all that can intoxicate." The officers of the Union consists of a President, Vice-Presidents, Sec- retary, Treasurer, and Auditor, who with eleven others chosen annually constitute an Executive Committee. The present officers are: President, Mrs. E. H. Gray, Oakland; Vice-Presidents, Mrs. P. D. Brown, Mrs. G. S. Abbott, Mrs. S. B. Sublette, Mrs. Dr. Coxhead, Oakland; Mrs. S. P. Taylor, San Francisco; Mrs. G. W. Lamoreaux, Pcta luma; Mrs. J.'L. Williams, Alameda; Mrs. C. P. Buckham, Watsonville; Mrs. R. Newton, Grass Valley; Mrs. Arvidson, Placerville; Mrs. J. P. Raymond, Salinas; Mrs. Nellie Eyster, San Jose; Mrs. W. T. Reid, Berkeley; Secretary, Mrs. M. E. Congdon. Mariposa, Cal; Assistant Secretary, Mrs. H. H. Havens, Oakland; Treasurer, Mrs. Charles Chamberlain, East Oakland; Auditor, Mrs. Thomas Varney; Executive Committee, Mrs. S. P. Taylor, San Francisco; Mrs. F. K. Shattuck, Berkeley; Mrs. McChesney, Mrs. S. C. Sanford, Mrs. Dr, Coxhead, Oakland; Mrs. L. B. Saddler East Oakland; Mrs. M. E. Griswold, Alameda; Mrs. L. P. Williams, Mrs. S. A Churchill, San Francisco; Mrs. E. Monroe, Nevada City; Mrs. John A. McNear, Petaluma; Mrs. M. H. Cook, San Francisco; Mrs. S. D. Cutler, Salinas; Mrs. R. Newton, Grass Valley. Women's Christian Association of Oakland. — This chaitable society was Oakland Township — City of Oakland. 749 organized, October 5, 1877-, its objects being "to carry Christian sympathy, love, and help to all families in our midst who may need such ministrations.'' The officers of the Association are a President, Vice-President, Secretary, Assistant Secretary, Cor- responding Secretary, and an Executive Committee of seven or more persons. Mem- bership may be had by any lady paying the sum of one dollar annually, while the payment of twenty-five dollars constitutes life membership. For the conduct of its benefits there are four departments, viz.: Fruit and Flower Mission, Sheltering Home, Industrial Committee, with headquarters at the rooms of the Association at No. 1274 Franklin Street; and the Helping Hand School at the corner of Twenty-second and Market Streets. Its officers are a President, Mrs. William Sublette; seventeen Vice- Presidents; a Recording Secretary; and a Treasurer. Besides these each sub-depart- ment has its own officers. The association now consists of three hundred members, five life members, and fifty-one sustaining members. The California Sheltering Home. — This charitable institution was organ- ized in April i88i, and was originally situated on Chestnut Street, but was afterwards removed to No. 1274 Franklin Street. It is one of the branches of the Ladies' Christian Association, of which Mrs. William Sublette is the President. The object of the home is to render aid and provide a temporary home for destitute women and children who have no habitation. In this place a number of motherless children have been kindly cared for until other homes could be provided for them. Two aged women, strangers to the city, have enjoyed the hospitalities of the Home for a season, until means could be provided to send them to their native places. Sixty persons in all have been members of the Home, while the number of families during the' last year averaged twelve. These two associations cannot be too well patronized, fulfilling as they do woman's mission upon earth — the doing good to her fellow-beings. Home for Aged Women. — Under the auspices of the Ladies' Relief Society of Oakland. The building was erected in 1882, and possession was taken of it October 1st. Mrs. K. M. Fox is matron, and has six assistants. The structure faces the south with one hundred feet of frontage, and is three stories high besides the basement, and has a large rear extension, two stories high. On the first floor there are ten rooms, seven of which are for inmates, and one is for the matron, and the other two are used for reception and sitting rooms respectively. On the second floor there are eleven rooms, all to be used by inmates. The third floor comprises an attic, used at present for a store-room, but ultimately designed to be finished off into rooms. All the rooms in the building have been furnished by special donation, that is, a donor chooses a room and furnishes it complete. In the rear addition of the building there are two dining- rooms, on the first floor, ons of which is used for the aged women, and one for the children of the home; also a kitchen. Qn the upper floor are two dormitories for the children of the home, and rooms for attendants. In the basement is the laundry and furnace-room, and a large room which is to be used for a children's dining-room in time. The terms of admission are, $300 for front rooms and $200 for back rooms. There are ten acres of land belonging to the property. The building cost $18,060. Governor Perkins and nine others gave $1,000 each. It is all out of debt now. 750 History of Alameda County, California. Lodges, Societies, etc. — ^The societies of Oakland — secret, social, and benev- olent — are most numerous, but the chronicles of only a few of them will be found in our work. We disclaim any blame in this regard, as written requests were made for the necessary information, but this was in many instances entirely ignored, therefore such as were handed to us we now produce. The latest directory of Oakland gives the information that there are within the city — exclusive of East Oakland — some fifty lodges. Masonic Temple. — The Oakland Masonic Temple Association was incorpo- rated June 25, 1878, with a capital of $100,000, divided into 10,000 shares of the par value of $10.00 each. The association was organized and officers elected June 27, 1878. F. K. Shattuck was elected the first President of the association, and has been re-elected each year, and is the present President. A lot sixty-five feet on Washington by one hundred and five feet on Twelfth Street, was purchased of E. P. Flint on the northwest corner of Twelfth and Washington Streets. By-laws of association adopted July 13, 1878, and a Building Committee, consist- ing of N. W. Spaulding, S. Hirshberg, and R. C. Gaskill appointed. August i, 187.8 Messrs. Wright and Sanders were selected as the architects, to draw plans and speci- fications for the building. Plans for the building as prepared by Messrs. Wright and Sanders were adopted by the Board, October 3, 1878. Building committee July 2, 1879, N. W. Spaulding, John Cullin, S. Hirshberg. Modified plans of building adopted October 20, 1879. Bids for the several kinds of work were advertised for October 20th, and received up to noon, November 5, 1879, and on the loth day of November the Board of Directors awarded the following contracts: For brick-work, to G. D. Nagle & Co. Oakland; for the granite-work, to George Griffith, Penryn, Cal.; for freestone, to J. Pfeiffer, San Jose; for wrought-iron-work, to J. R. Sims, San Francisco; carpenter- work, to D. Farniell, Oakland; Plumbing, etc., to W. W. Montague & Co., Oakland; tin and slate work, to J. F. Forderer, San Francisco; plastering, to A. C. Corbett, San Francisco; painting and glaizing, to J. T. Gardiner, Oakland. The corner-stone of the Temple was laid with appropriate Masonic ceremonies on the loth day of January, 1880, by M. W., W. N. Traylor, Grand Master of the Grand Lodge of Free and Accepted Masons, of the State of California, assisted by other officers of the Grand Lodge. The lodges and other Masonic bodies of Oakland participating. An address was delivered by M. W., Leonidas E. Pratt. W. E. Boone was elected the superintendent of the work, and under his directions the contractors were required to do all their work. Although the entire Temple was not completed, yet the third story was so nearly finished that Oakland Lodge No. 188, F. and A. M., moved to the Temple and held the first meeting on the eve of December 27, A. D. 1880, and installing their newly elected officers for the; ensuing year. The Temple was completed and dedicated Feb- ruary 22d, A. D. 1 88 1, by the officers of the M. W. Grand Lodge of Free and Accepted Masons of the State of California, with appropriate ceremonies and music, followed by an oration by M. D. Boruck, and a ball in the evening. Oakland Township— City of Oakland. 751 The Temple is semi-Gothic in style, and is sixty-iive by one hundred and five feet, and constructed of brick, granite, and San Jos^ sandstone. The main entrance on Twelfth Street is in the form of a Gothic portico of polished granite sup- ported by pillars of polished black granite, with the letter " G. T." cut in the massive arch over the gateway. The first floor contains a main hall forty-two by sixty-eight feet with a banqueting hall adjoining, eighteen by sixty-eight. Ladies and gents rooms are also attached. On the second floor, which is constructed with special reference for the meetings of the various Masonic bodies, the main hall or lodge room is forty-two by sixty feet with twenty-five foot ceiling and a central dome reaching six feet higher. This floor has also a banqueting hall, with tyler's room, coat, com- mittee and preparation rooms, also armory rooms for the Knights Templar. The cost of the lot and building with furniture is fully $100,000. The annual meeting of stockholders is held on the third Tuesday of June, at which meeting a Board of eleven Directors is chosen. The present officers of the Board of Directors are: F. K. Shattuck, President; A. Chabot, Vice-President; C. E. Gillett, Secretary; M. T. Dusenbury, Treasurer. Oakland Co?nm.andery, No. 11, Knights Templar. — This Commandery was organized January 18; 1876, with the following charter members: William Thomas Reynolds, Edward Farnum, Ralph Josiah Van Voorhies, Daniel William Gelwicks, Rollin Corrolus Gaskill, James Dods, Natale Giamboni, Thomas Jefferson Arnold, Frank Worthy Gushing, Francis Kettredge Shattuck, John Macklin Miner, Alfred CooHdge Waitt, Edward Waterman Roberts, Nathan Weston Spaulding, Osgood Church Wheeler, August Liliencrantz, Henry Edward Mathews, Edward Edmonds Potter, Charles Edwin Gillett, Adolphus Skinner Hubbard, Frank Xavier Zephidon Marchand, Willard Franklin Fletcher, Solomon Lathrop, and Richard Woolsey Ellis^ the officers under dispensation being: Sir James Dods, Commander; Sir W. T. Rey- nolds, Generalissimo; Sir N. W. Spaulding, Captain General. On April 15, 1876, the charter was granted, since when it has been in a most flourishing condition. It meets at their asylum in the Masonic Temple, at the northwest corner of Twelfth and Wash- ington Streets, every Tuesday evening, the stated conclave being held on the first Tuesday of each month. The officers since organization, including those for the pres- ent term, are: — 1876. — Sir R. C. Gaskill, Commander; Sir A. S. Hubbard, Generalissimo; Sir A. Ryder, Captain General. 1877.— Sir R. C. Gaskill, Com.; Sir A. S. Hubbard, Gen.; Sir A. Ryder, Capt. Gen. 1878.— Sir R. C. Gaskill, Com.; Sir A. S. Hubbard, Gen.; Sir A. Ryder, Capt. Gen. 1879.— Sir O. C. Wheeler, Com.; Sir S. Lathrop, Gen.; Sir W. F. Fletcher, Capt. Gen. 1880.— Sir S. Lathrop, Com.; Sir A. C. Waitt, Gen.; Sir W. F. Fletcher, Capt. Gen. 1 881. —Sir. Solomon Lathrop, Com.; Sir J. E. Ben- ton, Gen.; Sir W. F. Fletcher Capt. Gen. 1882.— Sir S. Lathrop, Com.; Sir J. E. Benton, Gen.; Sir George D. Metcalf, Capt. Gen. 1883.— Sir Solomon Lathrop, Com.; Sir Alfred Coolidge Waitt, Gen.; Sir George Dickson Metcalf, Capt. Gen.; Sir Herman Barnum Sears, Prel.; Sir Zachary Taylor Gilpin, Senior Warden; Sir Charles Franklin Burnham, Junior Warden; Sir RoUin Corrolus Gaskill, Treasurer; Sir James Todd Gardiner, Recorder; Sir James Bestor Merritt, 752 History of Alameda County, California. Standard Bearer; Sir Frank Eugene Brigham, Sword Bearer; Sir George Pat- terson, Warder; Sir Charles Edwin Gillett, Sentinel; Sir F. X. Z. Marchand, Sir Wm. P. Jones, Sir William George Cumming, Guards; Sir Wallace Everson, Sir A. G. Anthony, Purveyors. Oakland Chapter, No. 26, R. A. J/.— This Chapter was instituted May 5, i860, with the following charter members: J. E. Whitcher, P. E. Edmondson, Hiram Tubbs, H. S. Vesey, A. H. Myers, William Kennedy, J. W. Carrick. J. C. Kyte, Samuel Hirshberg, T. J. Nevins. The first officers being, J. E. Whitcher, H. P.; P. E. Edmondson, K.; J. W. Carrick, S.; T. J. Nevins, C. of H.; A. H. Myers, Pr. Soj.; Hiram Tubbs, R. A. C; J. E. Kyte, M. 3d V.; S. Hirshberg, M. 2d V.; W. Kennedy, M. ist v.; H. M. Vesey, Sec. The Chapter has a present membership of sixty-two, the fol- lowing being the officers for the current year: F. H. Brooks, H. P.; C. E. Gillett, K.; A W: Bishop, S.; W. F. Pierce, Treas.; J. Lentell, Sec; W. B. Clayton, C.of.H.; J. T. Gardner, Pr. Soj.; E. Winchester, R. A. C; J. J. Newsom, M. of ist V.; J. Dieves, M. 2d v.; George Goodman, M. 3d V.; H. E. Hitchcock, Guard. Meets on the first and third Mondays in each month in Masonic Temple, at the corner of Central Avenue and Washington Streets. Royal and Select Masters.^-On May 13th, A. D. 1882, a dispensation was granted by the 111. Dep. G M. of the Grand Council of R. and S. M. of California, to Com- panions Charles Edwin Gillett, George Wait Hopkins, Lewis Goodwin Thomas, Joseph Parsons, Osgood Church Wheeler, Daniel W. Gelwick, Nathan Weston Spaulding, John Andrew Zimmerman, Samuel P. Kelly, Alfred T. Perkins, Isaac D. Ryttenberg, Thomas H. Pinkerton, William R. Thomas, Ebenezer Winchester, Willard F. Fletcher, and George B. Seaman — to open and hold a Council of Royal and Select Masters in the city of Oakland, Cal., to be known as Oakland Council. The 111. Dep. G. M. appointing 111. Comp., Charles E. Gillett to be the first Thrice 111. Master. Comp. Osgood Church Wheeler the first Dep. 111. M. and Comp. George B. Seaman, the first Prin. Con. of the work. The first regular meeting of Oakland Council W. D. of R. and S. M., was held on June 1 5, A. D., 1 882. A Dep. 2882 at which time the officers not named in the dispensation were elected or appointed. A code of by-laws adopted, and the Coun- cil proceeded to transact business and' work of a Council of R. and S. Masters. The Council continued to hold their monthly meetings until the annual session of the Grand Council of R. and S. M. of the State of California, in April, 1882, at which time a charter was granted, and on the 17th day of June, 1882, Oakland Council, No. 12, R. and S. M., was duly constituted by R. P., Adolphus Hollub as Dep. Gr. Master, assisted by Comp. J. H. Gray, as Grand Marshal, after which the following named companions were duly installed : R. P. Charles, E. Gillett, Th. 111. Master; James B. Merritt, Dep. 111. M.; Robert A. Hughes, P. C. of W.; Thomas H. Pinkerton, Treas.; E. Winchester, Recorder; Z. T. Gilpin, C. of G; E. H. Morgan, C. of C; A. Kendall, Stew.; and J. A. Zimmerman, Sentinel; present mumber of members of council, thirty. Time of meeting, the third Thursday of each month, at Masonic Temple, corner of Twelfth and Washington Streets. Live Oak Lodge, No. 61, F. & A. J/.— Was instituted May 4, 1855, with the Oakland Township— City of Oakland. 753 following charter members: L. C. Owen, I. E. Paddock, J. E. Whitcher, S. H. Robin- son, S. B. McKee, J. Black, S. Beel, F. Warner, M. Fallon, P. Hayes, J. P. M. Davis, H. M. Barnard, B. L. Jones, L. Langfeld, H. C. Spicer; the first officers being: I. E. Paddock, W. M.; J. E. Whitcher, S. W.; H. A. Higley, J. W.; S. H. Robinson, Treas.; S. B. McKee, Sec; J. Black, S. D.; John Scott, J. D.; F. Warner, Tyler. The pres- ent membership is one hundred and eleven; and the names of the present officers are: Robert J. Beeby, W. M.; E. C Robinson, S. W.; W. F. Perry, J. W.; Peter Baker, Treas.; A. E. H. Cramer, Sec; J. C. Plunkett, S. D.; H. P. Dalton, J. D.; H. E. Hitchcock, Tyler. The lodge meets on the evening of the first Friday in every month; while the place of meeting is the Masonic Temple, at the corner of Twelfth and Washington Streets. Oakland Lodge, No. i88, F. & A. M. — Was instituted under dispensation, April I, 1868, and finally received its charter October 15, 1868. The charter mem- bers were: N. W. Spaulding, W. G. Houghland, Joseph W. Hoag, John Laing, E. H. Pardee, W. H. Smith, G. R. Walker, P. Johnson, J. W. Myrick, J. Hill, C. B. Ruther- ford, F. Reichling, A. W. Hawkett. The first officers were: N. W. Spaulding, W. M.; Joseph W. Hoag, S. W.; E. H. Pardee, J. W.; F. Reichling, Treas.; C. B. Rutherford, Sec. The lodge, which has a present membership of two hundred and forty-seven, meets every Saturday evening in the Masonic Temple, at the corner of Washingtpn and Twelfth Streets, and is in a flourishing condition. The officers for the current term are: N. B. Hoyt, W. M.; T. J. O'Keefe, S. W.; G. S. Keys, J. W.; C. B. Ruther- ford, Treas.; A. K. Clark, Sec. Oak Leaf Chapter, No. 8, 0. E. S. — ^This Chapter was instituted April 30, 1872, with the following charter members: Sarah H. Warner, Ellen J. Rutherford, Emily Bagge, Fannie H. Hewes, Susie B. Lentell, S. Ella Whitcher, Henrietta Whitcher, R. J. Ingalls, Lizzie Dewes, Ricka Hirshberg, Henrietta Heyman, Ruth Ward, Caroline L. Pierson, Franklin Warner, Charles B. Rutherford, Christian Bagge, Charles Hewes, James Lentell, Foster B. Tarbett, Jeremiah E. Whitcher, James E. Ingalls, Gertrude Dewes, Lena Rosenberg, Robert T. Ward, M. Rosenberg; the first officers being: Jeremiah E. Whitcher, W. P.; Henrietta Whitcher, W. M.; Lucy E. Dam, A. M.; Sarah H. Warner, Sec; Salome Anderson, Treas.; Fannie H. Hewes, Cond.; Mary E. Partridge, A. C; Susie B. Lentell, Warder; Albert Shorey, Sentinel; S. Ella Whitcher, Adah; Ricka Hirshberg, Ruth; Emily Bagge, Esther; Ruth Ward, Martha; Caroline L. Pierson, Electa. The lodge, which is in a flourishing condition, with one hundred and sixty-five members on the roll, meets on the second and fourth Thursday of each month, in the Masonic Temple, corner of Twelfth and Washington Streets. The officers for the current term are: Samuel Thorburn Black, W. P.; Mar- tha Pearee, W. M.; Martha Baker, A. M.; Salome Anderson, Treas.; Fannie Ward, Sec; Maud Howard, Cond.; Amelia Marcellus, A. Cond.; Osgood C. Wheeler, Chaplain; Lucia Etta Loring, Adah; Elizabeth Gee, Ruth; Sarah J. Brewster, Esther; Emma J. Welch, Martha; Lucinda C. Tucker, Electa; Sarah A. Deming, Warder; Hugh Frazer, Sentinel. Oakland Lodge, No. 118, L O. 0. i^— This lodge was instituted July 5, 1864, with the following charter members and officers: E. Jansen, N. G.; P. Johnson, V. G.; 7o4 History of Alameda County, California. J. C. Holland, Sec; J. Becht, Treas.; and V. Kopf. The present membership is two hundred and thirty-five, the officers for the current term being: H. L. Madsen, N. G.; W. S. Dryden, V. G.; J. A. Button, Rec. Sec; A. M. Drinkwater, Per. Sec; C: McG. Quackenbush, Treas,; W. H. Rouse, A. L. Ellis, A. T. Eastland, Trustees. The lodge, which is in a flourishing condition, meets every Tuesday evening in Odd Fel- lows' Hall, corner of Eleventh and Franklin Streets. Fountain Lodge, No. ig8, I. 0. 0. F. — This lodge was instituted on January ID, 1872, with the following charter members: John B. Harmon, Joseph Lufkin, J. E, Marchand, J. E. Whitcher, Louis Belfils, William Chamberlin, C. H. Townsend, J. J Porter, J. E. Ingols, J. E. Bacon, W. L. McKay, I. R. Marston, J. M. Miner, R. H Adams. The original officers were: J. B. Harmon, P. G. M., N. G.; J. E. Ingols, V, G.; C. H. Townsend, Rec. Sec; J. E. Whitcher, Treas. There are at present one hun- dred and twenty-five members on the roll, and the officers for the currerit term are Hermann Nebel, N. G.; John Crebbin, V. G.; Jacob Mueller, Rec. Sec; E. Kreyenha- gen. Treasurer. The lodge meets every Monday evening in Odd Fellows' Hall, cor- ner of Eleventh and Franklin Streets. Evening Star Lodge, No. 26 j, L. 0. O. F. — Was organized July 20, 1877, with the following charter members: T. W Le Ballister, John Nelson, F. Schimmelpfenning, John K. Woodworth, Joseph L. Golden, Oscar T. Bailey, L. B. Larue. The first offi- cers were: T. W. Le Ballister, P. G.; John Nelson, N. G.; J, K. Woodworth, V. G.; T. W. Le Ballister, Secretary; F. Schimmelpfenning, Treasurer. The Past Grands are: T. W. Le Ballister, John Nelson, J. K. Woodworth, J. McCracken, James 'McGrew, F. Schim- melpfenning, A. J. Sweet, F. X. Olaine, R. H. Larsen. The present officers are: R. H. Larsen, N. G.; D. J. Sullivan, V. G.; T. W. Le Ballister, Secretary; F. Schimmelpfen- ning, Treasurer. The present membership is fifty-one, and the lodge is in a prosper- ous condition. Oakland Rebekah Degree Lodge, No. 16, I. O. O. F. — Was instituted Octo- ber 10, 1873, with the following charter members: C. G. Reed, C. W. Cornor, C. B. Rutherford, Mrs. C. B. Rutherford, W. B. Ingersoll, Mrs. W. B. Ingersoll, C. Bagge, C. E. Bagge, A. B. Brower, Mrs. A. B. Brower, A. P. Partridge, Mrs. A. P. Partridge, J. Letters, Mrs. J. Letters, N. Rosenberg, Mrs. N. Rosenberg, Louis Gans, Mary Gans, Mrs. J. Ingols, Mrs. E. G. Jones, Mrs. H. L. Kercheval, Robert Dalziel, S. P. Knight, F. A. Corner, Sarah P. Knight. The first officers were: C. G. Reed, N. G.; C. W. Cornor, V. G; Mrs. M. E. Partridge, Rec Sec; Mrs. A. F. Ingersoll, Per. Sec.; Mrs. E. C. Bagge, Treas. The lodge, which meets every Wednesday evening in Odd Fel- lows' Hall, at the corner of Eleventh and Franklin Streets, is in a flourishing condi- tion, and has fifty-eight members on the roll. The present officers are: Mrs. Maria L. Black, J. P. G.; Miss Elsie E. Aldrich, N. G.; Miss Maggie E. Price, V. G.; Mrs. Alice M. Naismith, Rec. Sec; Miss Jennie L. Demott, Per. Sec; Mrs. Susy C. Jones, Treas.' Pacific Lodge No. 7, A. 0. U. fF.— This lodge was instituted July 24, 1877, with the following charter members: B. D. Alexander, F. C. Barkhouse, S. Bowers, C. W. Baker, S. M. Cushing, W. J. Cuthbertson, James Dods, J. A. Dyer, C. A. Fuller, D. Oakland Township — City of Oakland. 755 McG. Fraser, C. F. Groff, A. A. Guernsey, C. A. Gore, S. L. Gibbs, W. H. H. Hussey, L. Hamilton, J. E. Ingols, Wm. H. Jordan, W. W. Landon, A. Landon, W. S: Murphy, G20. D. Metcalf, C. W. Ormsby, C. C. Palmer, L. M. Prince, J. R. Porter,. D. W. Pratt, Charles G. Reed, D. Roudebush, H. T. Smith; I. A. Skinner, J. A. Swenarton, A. Shorey, Geo. Taylor, C. H. Twombly, C. P. Ward, W. Winnie. The first officers were: W. H. Jordan, M. W.; C. C. Palmer, F.; S. M. Cushlng, O.; William Winnie, Recdr.; W. W. Landon, Fin.; J. P. Thorn, G. The lodge meets every Thursday even- ing in Workmen's Hall, corner of Twelfth and Franklin Streets, and has a pres- ent membership of two hundred and thirty-five. The present officers are: R. B. S. York, M. W.; J. C. Fielding, F.; Albert Gankroger, O.; C. W. Baker, Recdr.; E. S. Finch, Fin.; George V. Blackman, I. W.; E. J. Edwards, O. W.; W H. O'Brien, P. M. W. Oakleaf Lodge. No. 35, A. O. U. W. — Was instituted June 3, 1878, with the follow- ing officers: M. S. Baker, P. M. W.; D. S. Hirshberg, M. W.; E. J. Webster, F.; A. A. Wood, O.; Charles Hapgood, Recvr.; George G. Bailey, Recdr.; E. L. Warner, Fin.; W. N. Pearce, G.; L. H. Pierson, I. W.; R. I. Auld, O. W.; Charles H. Dun ton, E. M. Campbell, Joseph Harris, Trustees. The lodge, which is in a very flourishing condi- tion, meets at Workmen's Hall, corner of Franklin and Twelfth Streets, every Monday evening, and has on its roll two hundred and thirty-five members. The pres- ent officers are: J. R. Sturrock, P. M. W.; W. N. Miller, M. W.; A. Donaldson, R; J. A. Johnson, O.; Joseph Harris, Recvr.; M. S. Baker, Recdr.; D. S. Hirshberg, Fin.; B. F. Everheart, G.; S. Pallimbaum, I. W.; William Branch, O. W.; S. G. Tucker, Med. Exr.; Charles H. Dunton, Jeremiah Tyrrell, J. W. Mackie, Trustees. The Past Master Workmen of this lodge are: M. S. Baker, D. S. Hirshberg, E. J. Webster, A. A. Wood, W. N. Pearce, R. I. Auld, C. K. Robinson, Charles H. Dunton, J. A. Miller, M. S. Levy, W. J. Wilkinson, J. J. Jones, J. R. Sturrock, J. A. C. Macdonald. Live Oak Lodge, No. //, K. of P. — ^Was instituted August 12, 1870, with the fol- lowing charter members, J. C. Parks, C. M. Baldwin, William H. Parrish, Robert Swarbrick, David B. Bankhead, Frank Merriweather, Charles Parry, John Coffey, Samuel Baily, George Blake, A. E. Hartman, Edward C. Van Duyn, Charles A. Perkins, Samuel Baird, Charles Crosbie, William H. Campion, Moses G. Morse, W. G. Adams, William B. King, Felix M. Butler. The first officers were: John C. Parks, V. P.; R. Swarbrick, W. C; C. A. Perkins, V. C; S. Baily, W. R. S.; S. Baird, W. F. S.; F. M. Butler, W. B.; D. B. Bankhead, W. G.; C. M. Baldwin, W. L S.; W. G. Adams, W. O. S.; W. H. Parrish, C. Parry, J. Coffey, F. Merriweather, Attendants. The lodge, which has a present membership of one hundred and sixty-one, meets every Wednesday evening in Pythian Hall, No. 1058 Broadway, and is in a flourish- ing condition. The officers for the current term are: Josh. Dimmick, P. C; John N. Bonham, C. C; Charles A. Ingerson, V. C; Gus. W. Meyer, Prelate; David B. Bank- head, M. of E.; August Welander, M. of F.; Henry A. Holland, K. of R. and S.; Sam. H. Gowen, M. at A.; H. E. Church, I. G.; J. W. Baxley, O. G.; A. Stein, P. J. Keller, R. H. Gans, C. G. Schroeder, Attendants. Oakland Council, No. 20, 0. C. F. — Was instituted January 14, 1882, with the fol- lowing charter members: H. M. Collins, William T. Bellars, Charles H. Eitel, Edward 756 History of Alameda County, California. F. Kohler, Rebecca Striker, S. J. Springer, Mary E. Collins, James Phillipps, Hannah Phillipps, S. P. Babcock. The original officers were: H. M. Collins, P. C. C; R. Springer, C. C; J. K. Price, V. C; S. J. Springer, Prelate; C. H. Eitel, Treas.; R. E. Striker, Sec; Mary E. Collins, Mar.; H. W. Watkins, G.; Delia A. Collins, W. The lodge, which meets on the second and fourth Mondays in each month, is in a flourishing condi- tion, and convenes at Kohler's Hall, West Oakland, there being sixty-six members on the roll. The officers for the current term are: Ransom Springer, P. C. C; S. P. Babcock, C. C; Mary E. Collins. V. C; Kittie Bullock, Prelate; John A. Henninger, Treas.; Henry A. Holland, Sec; Lucy Holland, Mar.; Eliza Bunker, War.; Thomas Gray, Guard; Alexander S. Ellis, Sentry. Brooklyn Council, No. ^o,I. 0. C. F. — Was organized December 13, 1 881, with a large list of charter members. The first officers were: Charles J. H. Luth, C. C; J. W. Glaze, Financier; F. Schimmelpfenning, Treasurer; Albert Schmidt, Secre- tary. The present officers are F. A. Beamis, C. C; C. J. H. Luth, Financier; Mrs. L. Schemmelpfenning, Treasurer; Albert Schmidt, Secretary. The present membership is sixty-five, and the lodge is prospering. Oakland Lodge, No. 252,!. O. B. B. — Was instituted November 28, 1875, and had as its first officers: N. Witkowsky, President; Samuel Hirshberg, Vice-President; D. S. Hirshberg, Sec; M. Greenhood, Treas.; J. Letter, Ass't. Monitor; M. Rosen- berg, Warden; H. Davis, Guardian; A. Cerf, Nathan Rosenberg, L Marcus, Trustees. The lodge meets every Sunday afternoon at two o'clock, in Medical Hall, Clay Street, between Tenth and Eleventh Streets, and has ninety-five members on the roll. The present officers are: M. S. Levy, Monitor; Leo Zeimer, President; J. Isaac, Vice- President; E. Bernstein, Sec; Henry Kahn, Fin. Sec; J. M. Cohen, Treas.; Alexander Hirshberg, Ass't. Monitor; A. Silberstein, Warden; I. Jacobs, Guardian; J. D. Rytten- berg, A. Jonas, J. L. Isaacs, Trustees. Appomattox Post, No. jo, G. A. 7?.— This Post was organized March 22, 1883, through the efforts of T. H. Allen, Thomas Todd, J. Frederick, and W. R. Thomas, with nineteen charter members, and with the following officers: W. R. Thomas, Com- mander; W. E. Norris, Senior Vice-Commander; Thomas Todd, Junior Vice-Com- mander; N. S. Douglass, Quartermaster; J. C. Estey, Chaplain; J. J. Hambright, Adjutant; T. H. Allen, Officer of the Day; J. Frederick, Guard. The Post has now a membership of fifty, and meets every Thursday evening in the Medical College. Army and Navy Republican League, Oakland Lodge.-— i:)\\z camp was organ- ized March 16, 1880, with the following charter officers: E. B. Jerome, Camp Com- mander; W. H. H. Hussey, Senior Vice Commander; E. W. Buck, Junior Vice- Commander; L. B. Edwards, Adjutant; John T. Coe, Quartermaster; James Hill, Officer of the Day; E. W. Woodward, J. A. Robinson, J. H. Inwall, J. C. Nichols, R W. Billingall, Council of Administration; Jesse Robinson, G. W. Hoguet, F. W. Gush- ing, Jacob Winkler, J. G. Edwards, Bureau of Employment. There are now four hundred members on the roll, with the following officers: H. T. Smith, Camp Com- mander; J. G. Edwards, Senior Vice-Commander; H. Inwall, Junior Vice-Commander; L. S. Bixbey, Adjutant; J. G. Edwards, Chairman Council of Administration. Oakland Township — City of Oakland. 757 St. Andre^vs Society of Alameda County. — This Society, which has for its object the assisting of distressed Scotchmen who are deserving of aid, was organ- ized May 17, 1878, with sixty charter members, the first officers being: A. McKin- lay. President; D. Kilpatrick, Vice-President; James Easton, Treas.; Thomas Turn- bull, Fin. Sec; Robert P. Smith, Rec. Sec; W. O. Buckland, M. D.; Physician; Rev. J. K. McLean, D. D., Chaplain; A. Campbell, R. Dalziel, W. G. Gray, Trustees; W. L. McKay, James Dalziel, John S. Collins, Relief Committee. There are at present one hundred and forty members on the roll. The officers for the current term are Peter Thomson, President; Robert Smilie, James P. Taylor, Vice-Presidents; James Easton, Treas.; D. E. Collins, Rec. Sec; A. W. Hughan, Asst. Rec. Sec; Thomas Turnbull, Fin. Sec; J. A. C. Macdonald, Asst. Fin. Sec; D. C. McTavish, Librarian; William Collins, William Stuart, David Leitch, Trustees; John Thomson, Alexander Campbell, J. Wyllie Mackie, Board of Relief; William Brown, M. D., Physician; Rev. J. K. McLean, D. D., Chaplain; Peter Thomson, D. E. Collins, Colin Campbell, J. P. Munro-Fraser, J. P. Taylor, A. Cartipbell, John Thexton, Literary Committee. ^^ Daughters of Israel" Relief Society. — This society was organized in the year 1876 with twenty charter members; its first officers being: Mrs. J.. J. Bettmann, President; Mrs. S. S. Cohen, Secretary; Mrs. R. Beel, Treasurer; the last of whom was the actual originator of the association. The objects for which it was instituted are charity and benevolence to all, irrespective of nationality or creed. The present membership consists of fifty-four, while the office-bearers for the current term are: Mrs. R. Beel, President; Mrs. E. Bernstein, Vice-President; Mrs. M. H. Coffee, Secretary; Mrs. J. Alexander, Treasurer. Meets on the third Wednesday of each month in the vestry of the Synagogue, on the south side of Fourteenth Street, between Franklin and Webster Streets. Hebrew Benevolent Society. — Was organized in July, 1861, with the following officers: S. Hirshberg, President; S. Adler, Vice-President; S. Schultz, Secretary; R. Heyman, Treasurer. The present office-bearers are: D. S. Hirshberg, President; B. Samuels, Vice-President; I. D. Ryttenberg, Secretary and Treasurer. Meets on the first Sunday of each month. The Danish Society "Datiia of California." — Was organized January 21, 1882, and incorporated August 12, 1882. The Trustees for the first year being Oscar F. Westphal, Thomas Mikkelsen, C. H. E. Christensen, W. A. Kreutzman and C. E. Frostholm. Its object is to assist and relieve its members, to establish a relief fund for widows and orphans of deceased members, to assist and obtain employment for its members when in need, to improve its members socially and materially, and to create a spirit of harmony amongst the Danes in California. Branch No. i of Dania is located at 864^ Broadway, Oakland, has a membership of about sixty and its officers are: President, H. Andresen; Vice-President, P. Larson; Secretary, Fred Peterson; Treasurer, H. Frederikson. This branch is in a prosperous condition. Oakland Guard. — Upon the outbreak of the rebellion the loyal citizens on every hand gathered themselves together and formed themselves into military com- 758' History of Alameda County, California. panics for the protection of the rights of the Union, determining to maintain its integrity at all hazards; and it may be remembered that it was proved almost beyond a peradventure that a secret scheme existed whereby CaUfornia was to be given over to the control of the Confederacy. To this end the citizens of Oakland met in meet- ing, and on June lo, 1861, formed the "Oakland Guard," that distinguished company of which we now purpose giving a short sketch. The city of Oakland then num- bered only about two thousand of a population, and from among those who signed the original muster-roll, we have the names of William Hoskins, Jeremiah Tyrrell, J. Barnett, A. W. Burrell, Harry N. Morse, J. A. Whitcher, John H. Hobart, A. D. Eames, J. A. Webster, George M. Blake, H. Hillebrand, W. W. Crane, C. S. Haile, William C. Little, John McCann, and many others. From these were elected the first officers, viz.: James Brown, Captain; Harry N. Morse, First Lieutenant; Henry Hille- brand, Second Lieutenant; Jeremiah Tyrrell, Junior Second Lieutenant. Shortly after its organization the Oakland Guard was attached to the Second Regiment of Artillery, where it remained for some considerable time. After this it became "unattached," and as we find in the annual report of the Adjutant Ganeral of the State of California, 1862, at that time it was Company C, of the First Infantry Bat- talion, Second Brigade, of the National Guard. From this official statement its name would appear to have then been the "Oakland Home Guard." In 1872, when the number of companies in the National Guard was reduced, each regiment in the Sec- ond Brigade losing two, the Oakland Guard was mustered out, but that same even- ing was again mustered in as an "unattached " organization. The Captains, from its incipience up till the present writing, 1883, have been: James Brown, Harry N. Morse, W. C. Little, A. W. Burrell, H. D. Ranlett, Henry Levy, A. L. Smith, and Thomas H. Thompson. It will thus be seen that the company's first captain was he who was . elected to the responsible position of Marshal of the city in 1863, and who died January I, 1879, while the second to take command was none other than the gentleman who was for so many years the distinguished Sheriff of the county. The third captain on the list is the well-known Colonel Little, who took so prominent a part in bringing the Oakland Light Cavalry into existence. Captain Ranlett has since developed into the Colonel in command of the Fifth Battalion' of the National Guard, while under the regime of Captain Levy, the company won its crowning laurels as the best drilled company in the State Militia. In all branches of its military duties have the Oakland Guard ever held the foremost position; be it at drill or at the target, their record is a proud one and adds luster to its fame. Its trophies have been won in many a hard though friendly contest, and tell of honor gained at home and abroad, while to the credit of the company it may be said that it has one in its ranks, C. H. Ellis, who has been a continuous member of it for upwards of twenty-one years. The armory of the company is located at the corner of Central Avenue and Washington Street, where their social and military equipments are most complete, the drill-hall being a noble room ninety-five feet in length and forty wide. Officers, non-com- missioned officers, and men each have separate rooms wherein they meet, a commend- able scheme that is eminently conducive to discipline. The present status of the Oakland Guard is seventy men, rank and file, the officers being Thomas H. Thomp- son, Captain; Joseph S. Green, First Lieutenant; Edward M. Campbell, Second Lieu- tenant. Oakland Township — City of Oakland. 759 Oakland Light Cavalry, Unattached, Second Brigade, N. G. C. — This effective corps was organized in 1877, thirty-three members having signed the roll at a meeting held on the 31st of July of that year. On the 7th August the following officers for the military and civil departments were elected: W. C. Little, Captain; E. W. Woodward, First Sergeant; J. E. McElrath, Senior Second Sergeant; T. H. Allen, Junior Second Sergeant; C. M. Burleson, Secretary; Thomas Prather, Financial Sec- retary; W. H. H. Graves, Treasurer. The corps originally had their meetings in the old Armony Hall on Thirteenth Street; subsequently they moved to Antisell's Build- ing at the corner of Central Avenue and Broadway, and finally on April 1 5, 1 883, took up their quarters in the building erected by H. D. Bacon, on the corner of Washing- ington Street and Central Avenue. Here they have their armory. The drill-hall is a splendid apartment one hundred by sixty feet in dimensions with ante-rooms for officers and men, besides assembly rooms and parlors. The Oakland Light Cavalry were mustered into the service of the State, September 23, 1878, with forty-nine rank and file, but their membership has reached ninety. There are now sixty-two effect- ive members on the roll. This may be said to be the corps d'dite of Oakland, and as such takes a just pride in presenting a most creditable demeanor at every public parade. They are a fine body of men, generally good horsemen, and have a distin- guished military appearance in their handsome and becoming uniforms. The social entertainments given by the corps are remarkable for their high standard of excellence and rank among the events of Oakland's social world. The present officers are: Webb N. Pearce, Captain; George B. Flint, First Sergeant. Hancock Rifles, Company C. — This thriving military company was orga.nized shortly after the State campaign that resulted in the election of the Democratic can- didate. General Stoneman, to the exalted position of Governor of California. The njaterial of which the Rifles is composed was principally taken from the Hancock Fire Brigade, a political body of about two hundred members, wljich had been marshaled successfully during election times by Frank J. Moffitt, in the interest of the Democ- racy. After the victorious election the Fire Brigade found its occupa:tion gone, and a committee from its ranks was appointed to select suitable young men for a proposed independent military organization. The outgrowth of this committee's labor was the Hancock Rifles, the name of that famous military chieftain being all that was left of the now defunct political company. Temporary organization was effected with Henry Levy as Captain and Martin Ryan as Lieutenant. Will. S. O'Brien was Secretary and Frank Moffitt was Treasurer. New recruits were taken in at each meeting, and a course of drilling exercise was at once commenced, and in a remarkably short time the Hancock Rifles possessed the reputation of being the best independent military organization in the State. One evening, unexpectedly. Adjutant General Cosby dropped in during a drill; accompanying him were several members of his staff and Major-General Turnbull, and so well were the visitors pleased with the " Rifles " that the Adjutant-General intimated that were the company to apply for admission to the State service, as a part of the National Guard, the request would receive favor- able consideration, and accordingly application was made and the company mustered into the State Militia as a part of the Third Infantry Regiment, and given the official 760 History of Alameda County, California. title of Company C. It was the first company of that gallant regiment to be honored by being placed at the command of the military authorities of California. Permanent officers were then chosen as follows: Captain, Henry Levy; First Lieutenant, Martin Ryan; Second Lieutenant, Will. S. O'Brien. Thus properly organized an armory was procured and fitted up at the corner of Franklin and Twelfth Streets, where the pres- ent headquarters of the company are. A considerable sum of money was required to equip and uniform the prosperous body, and the members for the first time realized their company's popularity when a sufficiency poured in almost immediately. The company is at the present time in excellent condition financially and socially, and at every meeting applications from the foremost young men of the city are being acted on. Fire Department. — The first attempt to establish a Fire Department in the city of Oakland was made in the early part of 1853, which resulted in the organiza- tion of two engine companies, the Empire and Washington, and the Oakland Hook and Ladder Company, and the election of John Scott as Chief Engineer. Three large cisterns were soon after constructed on Broadway between First and Fourth Streets, to supply the engines with water, and the necessary apparatus was obtained to give efficiency to the operations of the Department. The apparatus then used by the Empire Company, a small New York side-stroke engine, purchased originally at a cost of two thousand dollars, was not long ago in the Santa Clara Fire Department, in good condition. This organization had but a short-lived, existence. It was within a year disbanded, the property delivered over to the Council, and, up to 1869, Oakland had little or no means of resisting the fire element. The present Department was organized March 13, 1869, under the provisions of an ordinance approved February 4, 1869, by the election of John C. Halley as Chief Engineer and Thomas McGuire and George Taylor, Assistants, who succeeded John Scott, Chief, and John C. Halley and W. W. Moore, Assistants, acting under author- ity of a previous organization. The apparatus of the Department comprised a third- class Amoskeag fire-engine, purchased by the city, and a hose-carriage procured by funds temporarily advanced by Col. John Scott. The organization of the Depart- ment is at present composed of a Chief Engineer, two Assistant Engineers, and a Superintendent of Fire Alarm and Police Telegraph, while its force consists of four steamers, five two-wheel hose-carts, carrying three thousand seven hundred feet of hose, two Hook and Ladder trucks; fifty-eight officers and men, one hundred and sixty hydrants, five cisterns, and forty-six fire-alarm stations. Water for the use of the Department is supplied by the works of the Contra Costa Water Company. The following are the Fire Companies in the Department: — Steam Fire Engine Company No /.—Located on Fifteenth Street, near City Hall; Third Class Amoskeag engine, drawn by two horses; and hose-reel carrying eight hundred feet of rubber hose, drawn by one horse. The engine driver, who acts as stoker, and hose-cart driver are permanently employed. These, together with the Engineer, Foreman, and five extramen, who do duty only when alarmed, constitute the entire company. Steam Fire Engine Company No. 2.— Located on Sixth Street, between Broadway 'f-F^Ts <> ^rW ^ (X^yx^at V(3i^c^/>Cf Oakland Township — City of Oakland. 761 and Washington; second class Silsby Rotary Engine, drawn by two horses; and hose- reel, carrying seven hundred and fifty feet of rubber hose, drawn by one horse. The engine driver, who acts as stoker, and hose-cart driver are permanently employed. These, together with the Engineer, Foreman, and five extramen, who do duty only when alarmed, constitute the entire company. Steam Fire Engine Company No. j. — Located on Eighth Street, between Camp- bell and Willow; one second class Rotary Engine complete, drawn by two horses; and hose-reel, carrying seven hundred and fifty feet rubber hose, drawn by one horse. The engine driver, who acts as stoker, and hose-cart driver, are permanently employed. These, together with the Engineer, Foreman, and five extramen, who do duty only when alarmed, constitute the entire company. Steain Fire Engine Company No. .jZ. — Located on East Fourteenth Street, near Thirteenth Avenue; second class Amoskeag Engine, drawn by two horses; and hose- reel, carrying seven hundred and fifty feet of rubber hose, drawn by one horse. The engine driver, who acts as stoker, and hose-cart driver, are permanently employed. These, together with the Engineer, Foreman, and five extramen, who do duty only when alarmed, constitute the entire company. Hook and Ladder Company No. i. — Located on Sixth Street, between Broadway and Washington Streets; first class Hayes Patent Fire Escape Truck, and the usual equipments attached to truck companies. The driver and tillerman are permanently employed. These, together with the Foreman and nine extramen, who do duty only when alarmed, constitute the entire company. Hook and Ladder Company No. 2. — Located on East Fourteenth Street, near Thirteenth Avenue; one Hook and Ladder Truck, drawn by one horse, and the usual equipments attached to truck companies. The driver is permanently employed. Hose Company No. i. — Located on Sixth Street, between Broadway and Wash- ington Streets. The hose-reel is two-wheeled, drawn by one horse, and carries six hundred and fifty feet rubber hose. The driver is perraianently employed. These, together with the Foreman, and five extramen, who do duty only when alarmed, con- stitute the entire company. The Mountain View Cemetery. — As early as 1863, the design of opening a cemetery along the foothills of Oakland was discussed, and in December of that year a few public-spirited men formed an association under the name of the " Mountain View Cemetery Association," and fixed the number of Trustees at twelve, the names of whom are: Hiram Tubbs, Geo. E. Grant, A. M. Crane, J. A. Mayhew, Rev. S. T. Wells, S. E. Alden, Rev. H. I. Brayton. Dr. S. Merritt, J. E. Whitcher, R. W. Heath, Wm. Faulkner, and J. S. Emery. Early in 1864 the Association organized by elect- ing Dr. S. Merritt President, J. E. Whitcher Secretary, and Hiram Tubbs, Treasurer. In the same year by-laws were adopted, a suitable site was selected, and bonds were issued for its purchase, and thus the Mountain View Cemetery came into existence. Rev. S. T. Wells was elected as the first Superintendent, and remained in that capacity 49 762 History of Alameda County, California. until the end of 1870. Under his direction avenues were opened, and some plots surveyed, and prepared for occupancy. In accordance with the salutary resolution, that all profits accruing under said organization, from the sale of lots or otherwise, shall, after paying for the ground, be expended in improving and ornamenting said cemetery, and incidental expenses, the the Trustees immediately began the work of improvement and ornamentation. Fred. Law Olmstead, the architect of Central Park, New York City, prepared a general plan which has been but slightly and not essentially modified. In harmony with his instructions and explanations the cemetery has been opened and improved, and now begins to show the imposing symmetry and beauty which have been taking form for many years. Ini87i Rev. S. T. Wells resigned, and William Collins was elected Superintendent, a position which he has held ever since. At the same time Gen. R. W. Kirkham was elected President of the Board of Trustees, and David E. Collins chosen Secretary. Since that date the cemetery has been rapidly improved, and has attained a widely extended reputation for the beauty of its site, the charming effect of its landscapes, and its peaceful seclusion. The finances of the association were ably managed and rigidly economized by its very efficient and lamented treasurer, Dr. E. P. Sanford. Within the last few years the association has been able to cancel all its financial obligations, and now carries only an inconsiderable debt arising from incidental expenses. The history of the Mountain View Cemetery has been one of steady and unobstructed progress, and in large measure its success has been owing to the efficiency and vigilance of its present superintendent. During the present year he was granted a leave of absence to visit the East and Europe, and was requested to gather what new information he could regarding cemeteries — such information at least as would be applicable to the cemetery which he superintends: at the present writing he has not yet returned. From the beginning Hiram Tubbs has manifested unceasing interest in the growth an4 advancement of the cemetery, and has been actively supported by a generous and intelligent body of men. The public spirit which the Trustees have invariably shown is deserving of the highest commendation. Various changes have taken place in the members of the Board and in the officers of the Association; but in every case the Trustees and officers have shown exceptional fidelity. From 1875 to 1881 John S. Collins acted in the capacity of Secretary, and proved himself an efficient and popular officer. Since that time no change has been made in the officers of the association. At the present time the following are the names of the Trustees and Officers: Trustees, Hiram Tubbs, A. K. P. Harmon, A. Chabot, Geo. E. Grant, Peter Thomson, R. W. Kirkham, Walter Van Dyke, J. S. Emery, E. S. Davis, J. W. Carrick, C. W. Kellogg, and W. C. Mason. The officers are: R. W. Kirkham, President; A. K. P. Harmon, Vice-President; David E Collins Secretary; W. C. Mason, Treasurer; Geo. L. Nusbaumer, Engineer; Messrs. Tubbs, Harmon, and Thomson, Finance Committee; Messrs. Harmon, Chabot, and Tubbs, Executive Committee; William Collins, Superintendent. Mountain View Cemetery is about two miles from Oakland, and its approach is the finest drive in Alameda County. Oakland Township — City of Oakland. 763 The Oakland Bank of Savings. — This bank was organized August 13, 1867, with the following directors, A. C. Henry, Edward Hall, Samuel Merritt, P. S. Wilcox, W. W. Crane, Jr., with a capital stock of $150,000, which on March 30, 1869, was increased to $300,000, and by further action of the stockholders, May 9, 1871, was increased to $1,000,000, divided into ten thousand shares of one hundred dollars each. The subscribed capital stock paid up in United States gold coin is $475,000, with a reserve fund of $28,500. The bank is situated at the corner of Twelfth Street and Broadway, and was built in 1876. The officers at present are: Directors, Francis Blake, W. E. Miller, Samuel Merritt, Henry Rogers, A. W. Bowman, W. A. Aldrich, J. E. McElrath, R. E. Cole, E. C. Sessions; Finance Committee, E. C. Sessions, A. W. Bowman, W. E. Miller; President, E. C. Sessions; Cashier, W. W. Garthwaite. The bank draws direct on London, Dublin, Paris, and Berlin; the San Francisco cor- respondents being, the Anglo-Californian Bank (limited), and the Bank of California. New York correspondents, the Ninth National Bank, New York, and Messrs. Laidlaw &Co. The Union Savings Bank of Oakland. — This bank commenced business in July 1869, near the corner of Broadway and Eighth Streets, the President being A. C. Henry, and the Cashier, H. A. Palmer. The capital stock was originally $150,000 which, in a few years, was increased to $450,000. In 1871 the present building at the corner of Ninth Street and Broadway was constructed, whither they moved on the ist ofMay of that year. In 1875 the bank was reorganized under the Civil Code, when it separated its commercial from its saving business, and transferred the former to the Union National Gold Bank, with the same management, saving the election of Hon. J. West Martin as President in the place of A. C. Henry. The status of the bank on December 31, 1882, was most satisfactory. The present capital, fully paid, is $200,000, with a reserve fund of $100,000. The officers of the bank are: J. West Martin, R. W. Kirkham, A. C. Henry, Hiram Tubbs, John C. Hays, D. Henshaw Ward, R. S. Far- relly, H. A. Palmer, Socrates Huff, W. W. Crane, Jr., Samuel Woods; President, J. West Martin; Vice-President and Treasurer, H. A. Palmer. The bank does a purely "savings" business, investing its funds in mortgages, etc. Union National Bank. — This institution was organized July i, 1875, under the National Banking Act of the United States, and succeeded to the commercial business of the Union Savings Bank. The following were the first officers: A. C. Henry, President; H. A. Palmer, Cashier; A. C. Henry, J. West Martin, R. W. Kirk- ham, D. Henshaw Ward, H. A. Palmer, Directors; the capital being $100,000. The bank remained under this management until October i, 1881, when Mr. Henry was succeeded on his resignation by H. A. Palmer, who was elected to the Presidency, and Charles E. Palmer, Cashier. On March 8, 1881, the institution was changed under the Act of Congress to the Union National Bank, the style it at present bears, while it transacts its business in the same building as does the Union Savings Bank; the organization of officers being identical with it save as regards the President and Cashier. First National Bank of Oakland. — This bank was originally organized as History of Alameda County, California. the First National Gold Bank in May, 1875, with the following officers: B. F. Ferns, President; E. Case, Vice-President; G. M. Fisher, Cashier; B. F. Ferris, E. Case, F. Delger, C. H. Twombly, W. Newcomb, A. Eberhardt, P. C. Huntley, V. D. Moody, J. E. Ruggles, G. M. Fisher, S. N. Putnam, Directors. In 1876 V. D. Moody was elected to the presidency under whom, and with the same name it was conducted. In 1878 Mr. Twombly was elected Cashier. On March 8, 1880, the institution was reorganized under the style of the First National Bank of Oakland, with the same management, and in February, 1883, moved to No. 1002 Broadway, where they are now located. The present officers are: V. D. Moody, President; B F. Mann, Vice-President; C. H. Twombly, Cashier; A. D. Thompson, Assistant Cashier; A. Chabot, L. C. Morehouse, J. E. Ruggles, B. F. Mann, C. H. Twombly, A.J. Snyder, F. K. Shattuck, W. P. Jones, V. D. Moody, Directors. Financially the bank has been a success. For the first twelve months of its operations it paid one per cent, per month, since which time it has been paying three-quarters .per cent, per month, and having a surplus fund of $50,000. West Oakland Mutual Loan Association. — This association was incorpo- rated July 21, 187s, with a capital stock of $600,000. It has a membership of three hundred. Office, Masonic Hall, Corner of Willow and Seventh Streets. This is a mutual banking association, whose object is to assist persons in obtaining homes, saving their earnings, and to aid them in improving and acquiring real and other property. This society is in successful operation, with a paid up capital of over $250,- 000. It has issued a fifth series of stock, and its shares were all taken before the time fixed for closing the books arrived. It is now making loans to its members at six per cent, per annum. Its officers are: N. Giamboni, President; G. W. Drake, Vice- President; William Wyner, Treasurer; and A. Sharboro, Secretary. Cosmopolitan Mutual Building and Loan Association of East Oak- land. — This institution was organized on August 6, 1879, having as its objects the raising of funds in shares not exceeding two hundred dollars each, payable in period- ical installments, and to make loans to its members, for the purpose of aiding them in acquiring and improving real estate, taking mortgages or other securities for such loans. The original incorporators were: C. W. Beach, M. S. Hind, G. W. Watson, W. K. Vanderslice, Joseph Chessman, J. Howard Hayes, Robert R. Yates, H. C. Logan, John H. Sumner. Capital stock six hundred thousand dollars, divided into three thousand shares of two hundred dollars each. The first officers were: G. W. Watson, President; W. K. Vanderslice, Vice-President. The present Directors, are W. K. Vanderslice, M. W. Wood C. M. Nichols, William Hoffschneider, F. H. Kellogg, Samuel Baker, David Hughes, K. R. Yates, J. L. Lyon; President, W. K. Vanderslice; Vice-President, M. W. Wood; Treasurer, E. G. Mathews; Secretary, George Atkinson. Offices, No. 628, Central Avenue, East Oakland, and No. 513 California Street, San Francisco. The concern is in a very flourishing condition under prudent and econom- ical management. Oakland Gas Light Company. — This association was incorporated in 1866, its first street-lamps being lighted January i, 1867. Originally the works of the company Oakland Township — City of Oakland. 765 were situated on the block bounded by First, Second, and Washington Streets, and Broadway. In the year 1877, however, the company erected buildings-upon the block of land bounded by First, Second, Grove, and Jefferson Streets, comprising a double lift- holder of five hundred thousand cubic feet capacity, a purifying-house one hundred and fifty-four feet long by thirty-six feet wide, a meter-house of proportionate size, and a tower-scrubber, with independent water works. The mains of the company extend from Alameda to Brooklyn, and from Fruit Vale to the water's edge, while the number of miles of mains laid is sufficient to supply a city of three times the number of inha'bitants that Oakland has. The original twenty-five street-lamps started with have increased to eight hundred and twelve; and the coal used in the manufacture of gas is English and Australian. The officers of the company are: J. West Martin, President; W. W. Crane, Jr., Vice-President; Joseph G. Eastland, Secretary. Pioneer Carriage Manufactory. — With so large a proportion of wealthy people as Oakland has in its population, it is not surprising that carriage building should be an extensive industry in that city. The business has grown with the growth of the city, until now there are nearly thirty establishments, among the largest of which is that of Sohst Brothers, at the northeast corner of Eighth and Franklin Streets. Sohst's building was erected in 1873, and exteriorly is a fine-looking frame construc- tion. It is fifty by seventy-five feet in size, two stories high, of good proportions, and is set off with a tasteful cornice, which arches symmetrically on the Franklin Street front, and gives the building a very fine appearance. The lower story is occupied as a carriage making and repairing shop, and for horseshoeing. There are four forges kept constantly in full blast. The upper story is used for carriage painting and trim- ming. A patent hoisting apparatus is used to transfer vehicles from one floor to another. This is a model establishment, and a credit to the city. Western Carriage COMPANY.^During the month of March, i882,_George H. Boneboake commenced business in the buggy and carriage line, at the corner of Tenth and Franklin Streets in this city. Mr. Boneboake shipped in car-load lots from the East, and carried on the business alone until about the 1st of June, 1882, at which time he was compelled, by constant demand and increasing trade, to get assistance in the way of a good salesman and manager of the retail business in Oakland. At this time, after long and diligent searching, he at last succeeded in obtaining the services of H. C. Newby, of San Jose, California, who had been traveling salesman for San Francisco houses for the previous two years. Mr. Newby took charge of the business on the ist of June, 1882, and moved the entire stock to No. 917 Washington Street, corner Ninth, and conducted the business, in connection with Mr. Boneboake, in a successful manner until about the 25th of July, 1882, when the Western Carriage Company was organized, and incorporated under the laws of the State of California, with the following named gentlemen as stockholders, directors, and officers, with a paid up capital of ten thousand dollars: George H. Boneboake, H. C. Newby, G. F. Wright, Charles F. Pierce, ^nd C. G. Bishop as directors and stockholders. Officers elected by above Board were: G. F. Wright, President; Charles F. Pierce, Secretary; George H. Boneboake, Treasurer; and H. C. Newby, Business Agent. 766 History of Alameda County, California. Oakland Carriage Factory. — This industry was begun in January, 1873, by M. W. Allen, on the corner of Franklin and Tenth Streets, where he conducted the business until 1878, when he moved to his present location, on the corner of Webster and Tenth Streets. He does a general carriage and wagon making business, also general repairing in his line. He has a full outfit of machinery for conducting an extensive business, and from ten to twenty men are employed. In 1878 he erected his present building, which is seventy-five feet square and two stories high. Oakland Boiler Works. — This industry is located on the corner of Third and Franklin Streets, Oakland. It was begun in April, 1880, by Clark & Woolley, the present proprietors. They are engaged in making boilers, steam fixtures, etc. Eight men are employed. Oakland Iron Works.— In- 1871, Mr. lyes Scoville began operations on a small scale, in a building located on Second Street, between Washington and Clay Streets. Here he struggled along as best he could, doing the most of the work him- self; but in a short time he began to find that his field of operations was widening, and more men were requisite to do the work which found its way to his shop. In January, 1882, he associated T. H. Eichbaum in the business with him, and the works were moved to the corner of Second and Jefferson Streets, where a building with one hundred feet frontage on each street and two stories high was erected. A gen- eral jobbing and manufacturing business in their line is conducted, including machin- ery, steam-engines, etc. There is also an extensive foundry connected with the works. Fifty hands are continuously employed. JUDSON Manufacturing Company. — This vast enterprise, which is located on the northern water front of the city of Oakland, was begun in June, 1882. A com- pany was formed with a capital stock of $1,000,000, of which Egbert Judson was chosen President, A. Chabot, Vice-President, C. B. Morgan, Secretary, and the First National Bank of Oakland, Treasurer. The Directors are as follows: C. Webb How- ard, A. J. Snyder, Volney D. Moody, and George C. Perkins. The General Manager is Charles S. Chamberlain, and he is assisted by John Finn. The works are located at the foot of Park Avenue, and the site comprises nine acres, on which there are erected the following buildings: pattern shop, forty by one hundred feet; file shop, forty by one hundred feet ; machine shop, eighty by one hundred feet ; tack factory, forty by one hundred feet; lumber-shed, twenty-five by sixty feet; forging building, twenty by one hundred and eight feet; bolt-works, fifty by one hundred and eight feet; tumbler-shed, twenty by one hundred feet; foundry, fifty by one hundred feet; coke-shed, twenty by one hundred feet; scrap-iron-shed, twenty-five by fifty feet; rolling-mill, ninety by one hundred and twenty feet; iron warehouse, forty by one hundred and twenty feet; and a wood-working-shop, forty by one hundred feet. This company is engaged in the manufacture of the Victor mowing-machines, and it is intended to have one thousand of them completed by the 1st of May, 1883. Everything connected with these machines is manufactured here. In one department all the wood-work is made, and in the foundry the castings are run. The capacity of this branch of the works will be, when all is in running order. Oakland Township — City of Oakland. 767 eight completed machines a day, or about two hundred per month. In the same building with their wood-working department, is the machinery for box-making, com- prising a planer, saws, etc. The boxes are used for shipping nails, and small parts of the mowers. In another building the process of file-making may be seen. The steel is shaped first and then tempered, and then placed in a machine and cut. There are now four cutting-machines in running order, but others will soon be put in, so that files of every description can be cut. The capacity of each machine now running, is fifteen dozen per day, but when all the machinery is in, the works will be able to turn out two hundred dozen files a day of twelve hours, or four hundred dozen in twenty- four hours. In the rolling-mill there will be two trains of I'oUs, one of which is ten and the other sixteen inches wide. These will be driven by an engine of one hun- dred and eighty horse-power, the steam for which is generated in four large boilers- There are four furnaces so constructed that the heat from them passes under the boilers, and generates the steam used for running the engine, thus saving that much fuel, which, by the way, is a great item of expense on the Pacific Coast, where all our coal has to be shipped to us. The capabilities of these mills will be about thirty tons of iron every twelve hours. As it is intended to work both day and niglit in all depart- ments as soon as all the machinery is complete, the capabilities of these mills will be double the figures named above. At the present time two hundred men are employed, but probably not less than five hundred will be required when the works are com- pleted. In the foundry they are prepared to do all the work necessary for all the work done in the different departments. They are now casting the large heavy frames for the nail machines, all of which are being made at their own works. There is an extensive machine shop connected with the works where all the iron-work is turned out. In this is a full outfit of drills, lathes, planers, and whatever else is necessary for excellent and expeditious work. In the bolt-works there are the necessary dies and other machinery for that class of work. In the tack-works there are four machines which are fed by hand, and several automatic feeders, one of which has a capacity of thirty-five thousand tacks an hour. A number of horseshoe-nail machines will be put in operation in a short time, also several of other tack and finish-nail machines. The modus operandi of nail-making may not be without interest in this connection. The material from which nails are cut comes to the works in the shape of scrap-iron, which comprises all the odds and ends of creation, seemingly; a large percentage of which, however, is old railroad rails. These rails are cut into proper lengths, and the space between them, or, in other words, the hollows on the sides of them, are filled with smaller bits of scrap-iron. The whole mass is then heated to a proper degree and passed through a train of rolls. The heating and rolling process goes on until the the iron has become one homogeneous mass, and is rolled to the required thickness for the nail desired to be manufactured from it. This leaves it in sheets ranging from six to twelve inches wide and from three to six feet long. These sheets are then " scaled," as it is called, that is, placed in an acid bath, where all particles of oxydized iron, whjch may have formed on the sheet during the heat- ing and rolling process, are removed. This leaves the sheet with a grayish appear- ance, similar to galvanized iron. From the bath the sheets are passed to a sheering machine, and cut into strips just as wide as it is desired to make the length of the 768 History of Alameda County, California. nail. These strips are then ready to be worked up into nails. A strip of iron is placed into a clamp in the end of a rod, and the process of feeding is begun. As nails are always smaller at one end than the other, it necessitates the turning of the strip, as each nail is cut, so that the feeding may be uniform. As the machine operates very fast the feeder has to work rapidly to keep up with its motion. The automatic feeders are so arranged that the feeding is perfect, and no time is lost. The machine which cuts thirty-five thousand an hour, is fed by four strips at a time. After the nails are cut they are then heated, which process brings out the bluish color seen on all nails. They are then packed ready for shipment. At the present time the only shipping facility accessible to the Judson Manufacturing Company, is the Central Pacific Railroad, but it is intended soon to cut a ship canal from deep water in the bay up to a wharf on the water front of the company's property. Pacific Iron and Nail Company. — That the city of Oakland is destined to be the chief manufacturing and industrial center of this coast there can be no doubt. Almost every month of the year witnesses the inception of some enterprise, and though many of them are small at the outset, yet they serve as the central point from which much greater things will be developed in the near future. But occasionally an industry springs into existence almost full fledged, having sufficient capital to back it, and the necessary enterprise in its projectors to push it to a grand success from the very first. In this last category may well be placed the Pacific Iron and Nail Works. George T. Walker, the superintendent of these works, was connected, in a similar capacity, for many years, with an extensive establishment of the same character in Omaha, Nebraska, and during this time became acquainted, in a business way, with the firm of W. J. Houston & Co., of San Francisco. He also made inquiries of friends who resided on the coast in regard to the feasibility of beginning an enterprise of this kind at some suitable location. Having satisfied himself that the project was prac- ticable he came to San Francisco for the purpose of making a personal inspection of the field, and was soon convinced that there was one here that justified the establishment of among the grandest enterprises of the kind west of the Mississippi River. In casting about for a site for the works he soon determined that Oakland was the most eligible of any place on the coast. He then began the task of interest- ing capital in his enterprise, and soon had a company formed with a capital stock of five hundred thousand dollars, with P. A. Wagner as President; Harker, Vice- President; W. F. Perry, Secretary, and George T. Walker, Superintendent. The First National Gold Bank of San Francisco is Treasurer. The stockholders are as follows: P. A. Wagner, Harker, W. A. Starr, W. J. Houston, W. F. Perry, Morgan, William Man, Wilson, T. F Hays, George Walker, and Coogan. The organi- zation of the company was effected in May, 1882. But with the site chosen and the company formed the battle was not ended, nor was the outlook rose-strewn by any means.. The place selected for the works was at the foot of Market Street, between the railroad which runs along First Street and the Creek, thus giving them the double shipping facilities of rail and water, placing them in position to dispatch their product to any market in the world. But the people of Oakland know that to get a perfect title to a parcel of land on the water front of this city is no child's play, nor the work Oakland Township — City of Oakland. 769 of a day. The legal acumen of T. C. Coogan, one of "the stockholders and attorney for the company, assisted by G. T. Walker and W. F. Perry, was now brought into reqifisition, and after transferring and re-transferring titles, claims, and counter-claims almost labyrinthian, the Gordian knot of title was finally straightened out, and eight and a half acres of land secured, with a good prospect of adding two and a half more to it in the near future. This gives them a water frontage of three hundred feet. The question of title being satisfactorily settled, and the purchase duly made, active plans for buildings, wharves, etc., were immediately set on foot, and in the fall of 1882, operations were begun. A wharf, eight hundred feet long, has been constructed, which is forty feet wide at the end next the creek. A double track has been laid upon the wharf, with the necessary switches, for the expe- ditious handling of cars, and a large scale placed in position, so that stock and material can be weighed on the cars. A dredger was put to work and a channel wide enough for all practical purposes, and fifteen feet deep at low tide, was scooped out, the dirt from which was utilized in filling in for the building foundations and other neces- sary railroad tracks about the premises. There are at present three buildings: the rolling-mills, nail works, and machine shop. The rolling-mill is one hundred by one hundred and sixty feet in size; the nail factory, one hundred by one hundred and thirty feet, two stories, with thirteen-foot ceiling, and the machine shop is forty-two by seventy-two feet. In addition to these buildings there is a warehouse twenty- four by sixty feet, and an office fourteen by twenty-six feet. Another building will be constructed in the near future in which to manufacture kegs. All the shops are roofed and sided with galvanized iron. It has been no easy task to secure suitable foundations for the buildings, owing to the marshy character of the land where they are located, but Mr. Walker's skill and judgment have proved equal to the emergency, and there is now no better foundation under any building in Oakland. Under all buildings in which heavy machinery was to be placed trenches were excavated to a depth sufficient to reach the solid clay, which were filled with concrete to the surface, and on this a brick foundation for the build- ing was laid. Under the ponderous Corliss engine a concrete foundation, twelve feet deep, twelve feet wide, and thirty-six feet long was made, which rests on a bed of solid clay, and will never give way. For driving the machinery of the rolling-mills a five hundred horse-power engine, of the Corliss pattern, manufactured by Hinckley, Spears & Hays, of San Francisco, will be used. The diameter of the fly-wheel of this engine is seventy feet, and the weight of it is sixty tons. In the nail factory seventy machines will be put in operation, ranging in size from the smallest lath nail to a No. 90 spike. The most of these will be automatic self-feeders, and all of them of the latest and most improved patterns. The automatic machinery has been selected by Mr. Walker with special reference to the quality and quantity of the work which they will perform. There are twenty-six grindstones, each weighing about three tons, on the same floor with the nail machines, conveniently arranged for the use of the operators of the machines. The stones are used for grinding the knives of the nail machines. As these implements are ground with the stones dry there is naturally a great amount of steel and sand'that would be flying about the room and become very injurious to the workmen, but this is all obviated by an improved exhaust fan. 770 History of Alameda County, California. the device of Mr. Walker, which draws the dust under the stones and deposits it where it can do no harm. After the nails are cut they drop into hoppers which are arranged on the lower floor, and are then packed in kegs and made ready for shipment. The capacity of the nail-works is from eight hundred to one thousand kegs a day. The engine which drives the nail-works was constructed by Scoville & Co., of Oakland, and is of three hundred horse-power. As far as it has been possible all machinery in the works has been procured on this coast. The nail machines and rolling-mills had to be exported from the East. There will be six other engines in use to drive the machinery, when it is all in operation. A twenty horse-power engine is used to drive the blast, shears, and -elevator. The other engines will range from twelve to fifteen horse-power, and will be used for running shears, etc. There are two trains of rollers. There are four furnaces for puddling the iron in the rolling-mill, and two for heating it in the nail factory. The supply of material for the manufacture of nails is derived chiefly from scrap-iron and old rails. The amount of such material is practically unlimited. Already ship-loads of it have been received from India, Oregon, and elsewhere throughout the world. Lanz Bros. Soap Works. — This industry is located on Third Street near Market. The business was started in Alvarado in May, 1875, where it was conducted until April, 1882. The capacity of the works is twenty tons per week. Chemical Olive, Borax, Toilet, Tar, etc., are some of the prominent brands of soap manufactured at these works. California Hosiery Company. — This industry was put in operation in March, 1881, by the California Hosiery Company, which is composed of the follow- ing named gentlemen: Wm. H. Jordon, J. A. Swenarton, J. Williams, Q. A. Chase, J. Kryster, W. Everson, J. B. McChesney, of Oakland, and M. T. Brewer, and J. F- Farnsworth of Sacramento. The first President of the company was Wm. H. Jordon, and J. A. Swenarton occupied the position of manager, and J. Williams, Secretary. At the expiration of a few months Peter Thomson succeeded Mr. Jordon as Presi- dent, which position he has since held. The present manager is J. Lee, and J. Will- iams continues to hold the position of Secretary. During the year 1882 the works produced $219,000 worth of goods, at cost value. The machinery consists of three sets of cards, with the requisite concomitant appliances. The company began opera- tions with a capital stock of $100,000, which has since been increased to $200,000. It is proposed to enlarge the works shortly. Location of works, Corner of First and Jefferson Streets, Oakland. Samm's Mills. — These mills, which are the most extensive in Oakland, are located on the corner of First and Clay Streets. The building was erected and the business begun in 1874, by Jacob Samm. In June, 1880, T. J. Parsons purchased an interest in the mills, and the firm name is now Samm & Parsons. The building is one hundred by one hundred and twenty-five feet, three stories high. There are ten run of buhrs, and the mill has a capacity of two hundred and fifty barrels per day of twenty-four hours. A force of twenty-five men is' constantly employed at the mills in the various departments. The mills are fully supplied with machinery of the best Oakland Township — City of Oakland. 771 and latest styles, which is driven by an engine of one hundred and twenty-five horse- power, the steam for which is generated in two large boilers. Everything in the line of flour, meal, groats, etc., is manufactured at these mills. Oakland City Flour Mills. — These mills are located at the corner of Third and Broadway Streets, Oakland, and were erected in 1864. In November, 1876, in some manner a fire originated in the engine-room, early in the morning, and the entii-e building was destroyed. The mill was immediately rebuilt by Messrs. Babcock & Gould, the owners at that time. In March, 1880, B. E. Hickok purchased the property, and is the present owner. The mill has eight run of stones, with a capacity of one hundred and fifty barrels every twenty-four hours. The machinery in the mill is all of the latest improved patterns, and is driven by an engine of eighty-horse power. The building is seventy-five by seventy-five, and three stories high. Fourteen men are employed. The product of these mills is disposed of in the home market. Williamson's Flour Mill. — In 1876 William Williamson, a practical miller of San Francisco, erected a mill in Rio Vista, Solano County, which was at that time one of the most eligible sites in the State for an enterprise of that kind. The busi- ness flourished for a few years, but in 1878 a flood submerged all the adjacent islands, and they have not since been reclaimed, hence a large percentage of the business supply was cut off. Finally, in January, 1883, Mr. Williamson determined to transfer his base of operations to Oakland. He thereupon caused the building, including all the machinery, to be placed upon a barge and towed down the Sacramento River, across Suisun, San Pablo, and San Francisco Bays, and up the estuary at the south side of Oakland to the foot of Washington Street, whence it was moved to the corner of Fourth. It contains two run of stones, and all other necessary machinery, which is driven by steam, machinery for grinding oatmeal, pearl barley, cracked wheat, etc., is being added to the mill. Kelly's Marble Works. — J. F. Kelly, the proprietor, began operations at his present place of business. Seventh Street, near Market, in February, 1882. He is engaged in the manufacture of marble mantels, marble and granite monuments, head- stones, and building work. Dwyer'S Marble Works. — Mr. Dwyer began business first in Oakland in 1876, on Broadway, between Thirteenth and Fourteenth Streets. In February, 1880, he moved to his present location, at the southeast corner of Seventh and Castro Streets. He is engaged in the manufacture of marble mantels, granite and marble monuments, headstones, plumbers' slabs, etc. Knowles & Co.'s Granite and Marble Works. — These works are located at the southwest corner of Seventh and Castro Streets, Oakland. Operations were begun here in February, 1878. Granite and marble monumental, cemetery, and building work is executed at these works. The firm consists of F. E. Knowles and Abel Hosmer. 772 History of Alameda County, California. The Pacific Press Publishing House. — The accompanying engraving repre- sents the building known as the Pacific Press Publishing House. The left of the pic- ture represents the Castro Street front (No. 1059), ths right being the Twelfth Street front (No. 715). That portion fronting on Castro Street is twenty-six feet front by sixty-six feet deep, having central side wings projecting nine feet from the main frame. It is two stories, basement and attic. This building, together with a one-story brick engine-house in the rear, was erected in 1876. During the course of construction many people were curious to know for what purpose it was intended. Some supposed it to be a school house or seminary, while others conjectured this, that, and the other object. But the surprise of all was complete when the institution developed into a printing-office, in which was placed a large Cottrell & B.abcock four-roller press, run by steam, on which was printed the Signs of the Times, and books and pamphlets for the Publishing Association. And when, in 1877, a fine job printing department was added, a great many folks, especially printers, actually laughed at the idea of running a printing business "away out on Castro Street." But when the office turned out the finest work that could be done in the city, even vying with the San Francisco offices, and the tide of work flowed constantly in this direction, the laugh stopped, and business men found that the corner of Twelfth and Castro Streets was not very far from the recognized business centers of the city — and it appeared all the nearer when the low prices were added to the excellent quality of the work. The same year a book-bindery was added to the institution, as also a large stock of book and newspaper, and printer's stationery. This, in connection with the book- selling business, filled the large building to overflowing; and at the same time the job printing had increased until an additional cylinder press became necessary. In the same year a three-story building, fourteen by twenty-four feet, was erected in the rear of the main building, surmounted by a five thousand gallon water-tank, which was filled by a steam-pump, from a well in the yard, and the Association dispensed with city water. This building is used also for lodging and storage purposes. In 1878 the Association purchased the lot on Twelfth Street, and erected that portion of the structure, thirty by eighty-four feet, two stories and an attic, and fin- ished to match the other building, with which it is connected at the rear. The job printing department was at once moved into the first story of the new building, and materially enlarged by the addition of a new two-roller Hoe Press and other impor- tant facilities. The book, paper, and music composition department was moved into the second story, and the attic was devoted to storage and lodging. While this build- ing was in process of erection, a stereotype and electrotype foundry was introduced, which has added much to the working capacity of the institution.- This now occupies the rear of the first floor of the Twelfth-street house and the former engine-house. During the summer of 1880 further important improvements were made. The Castro-street building was raised, and the basement enlarged and fitted up for a press- room, an engine-room, and a storage-room for paper. Another press (a Cottrell & Babcock four-roller, double-revolution), the largest book press on the coast, was imported and put in operation. Aga:in in 1882 another book press was added, as also additional machinery in the book-bindery and electrotype foundry. Oakland Township — City of Oakland. 773 C3 o r74 History of Alameda County, California. The establishment is now a complete home institution, doing a large and ever increasing business. No printing-office on the coast is better supplied with facilities for fine job work, as custom specimens all over the State will attest; and no pains or expense is spared to keep pace with the rapidly advancing new styles in the art. The gentleman in charge of this department has few, if any, equals in the State, having been ranked as an artisan in some of the best offices in the East. The book, paper, and music department is furnished with facilities for an extensive range of work. The electrotype and stereotype foundry is manned with competent workmen, and provided with first-class equipments. The book-bindery is under the direction of one of the very few men on the coast who understand thoroughly all parts of the business. He is lately from the East, and since his arrival has turned out some specimens of blank-book work, and other binding, gilding, and ruling that challenge the admira- tion of all who examine them. The bulk of the printing-paper, inks, etc., used here is imported directly from Eastern manufactories, which gives customers an advan- tage in getting work done at this house. The reputation of the Pacific Press for fine work and square dealing attracted so much attention in San Francisco that in 1879 it became expedient to establish an agency in that city — a project which was carried out to the gratification of many prominent business houses, and profit to the Institution. This branch office, under the management of J. W. Gardner, is now established at No. 529 Commercial Street, at which place a first-class engraver is kept constantly employed. In the delta of the two buildings (on the corner represented as vacant for the pur- pose of better showing the plg-n of the business house), stands a two-story double frame building, also owned by the Publishing Association, which is occupied as a boarding and lodging house, and conducted by the Association, principally for. the accommodation of employ h. The projectors of this enterprise realized that Oakland, from the very character and standing of its citizens, and the nature of its beautiful situation, would always be a legitimately high-toned city, and have ever aimed to give their buildings and grounds an appearance in keeping with the surroundings, so far as the work of almost continuous improvements would permit. They have: endeavored, and with a good degree of success, to demonstrate that large places of business (a few occupations excepted) need not be disorderly eyesores in any community. And whereas some residents in the vicinity were inclined to take exception to introducing a business house in a residence neighborhood, it is evident their objections have been ground- less, at least so far as appearance is concerned. • And a heavy outlay of means was occasioned by placing large presses and engine in basement apartments to -avoid annoyance to neighbors on account of noise. Persons entering the building for the first time always express surprise at the extent of the work carried on as compared with the quiet and orderly appearance outside. This house stands in fair competition with any printing-house or book-bindery on the Coast, for any class of work, large or small. There are employed, in all departments seventy hands, and there is always a busy-bee appearance throughout the interior, while the outward improvement is one of which even handsome Oakland may well feel proud. Oakland Township — City of Oakland. 775 Oakland Brewery. — Situated on the northeast corner of Telegraph Avenue and Durant Street; proprietors, Kramm & Dieves. This enterprise was started by a man named Wilmer in the year 1853, where now is the corner of Ninth Street and Broadway, but it was a miniature concern, capable of turning out only from ten to fifteen barrels of beer per month. It afterwards passed into the hands of Joseph Becht, and during the year 1863 was entirely consumed by fire, being, however, rebuilt on the groi^nd on which it formerly stood. In 1867 Mr. Kramm purchased the concern from Mr. Becht, and conducted it for eighteen months. In April, 1869, he admitted Messrs. Mangles and Bose into partnership, and thus it was conducted until the Fall of that year, when purchasing one hundred feet fronting on Telegraph Avenue and Durant Street, the erection of the present brick building, one hundred by fifty feet, was undertaken and completed early in 1870. The Ninth-street bu^ness was then transferred to the new brewery, when they first began the use of horse- power. Since that date they have added considerably to their premises until they now own one hundred and thirteen feet on Telegraph Avenue and one hundred and twenty-five- feet on Durant Street. In 1876 steam-power was introduced into the buildings, giving the establishment a capacity of eighteen thousand barrels at the present time. The annual manufacture is about fourteen thousand barrels. The Oakland Brewery gives employment to fifteen men, and a sale is found for their produce in all parts of the county of Alameda and city of Oakland. Washington Brewery. — This establishment is located at the corner of Fifth and Kirkham streets. West Oakland, and was completed early in the year 1879 by Bredhoff & Cordes, proprietors. This firm continued until March i, 1882, when the last-named gentleman disposed of his interest to Mr. Westerman, the firm being now Bredhoff & Westerman. The premises, which comprise the necessary brewing buildings, occupy one hundred and eighth-two feet on Kirkham Street, and one hundred and seventy-five on Fifth Street. The capacity of the establishment is thirty barrels per day, but at present is not run to its full power. ReuTER's Dye Works. — This establishment was originally established in Feb- ruary, 187s, by Charles Reuter, at 912 Broadway, in connection with which he con- ducted the practical portion of the work at Nos. 833-835-837 Washington Street, Oakland. In the spring of 1881 both places were consolidated, and at the latter address twenty-two hands find constant employment. These works have a large connection throughout the State and in the city of San Francisco, the business occupying the two stories of the large building. Oakland Planing Mills. — Proprietors, Burnham, Standeford & Co. This establishment, situated on First, Second, and Washington Streets, is the largest in the county, and will compare favorably with any other of the same kind in the State. It was originally started in June, 1868, by O. H. Burnham, D. W. Standeford, and Robinson. In 1872 Mr. Robinson sold his interest in the concern to W. N. Miller, who in turn disposed of the share to L. G. Cole, who is at present the junior partner. To give an idea of the magnitude of this enterprise it may be mentioned that it was 776 HisTOKv OK Alameda County, California. commenced in one building, still standing, at the corner of First and Washington Streets ; as business increased the contiguous property was purchased until at the present writing they occupy no less than twenty-one lots. There is a capacity in the mills for fully a hundred and twenty-five men, but only eighty find constant employ- ment. They manufacture, to an enormous extent, moldings, brackets, frames, sashes, blinds, stairs, doors — in fact, all descriptions of wood-work finish, while their business connections extend all over the Pacific Coast, Arizona, Mexico, and the Territories, with portions of Central America. Trunk Manufactory of Bt. Colin. — This enterprise, located at No. 415 Thirteenth Street, Oakland, was established in the year 1866, under the Grand Cen- tral Hotel. After the destruction by fire of which in 1880 it was moved to its present location, where all kinds of trunks and valises of the best quality are manufactured. Odd Fellows Library of Oakland. — August 12, 1867, there was a meet- of Odd Fellows for the purpose of founding a library, and it was determined to establish an association, to be composed of such members of the Order as might choose to unite with it. The first event of any importance was the, transfer of two hundred and ninety-five volumes from the "Oakland Philomathean Library Associa- tion," immediately followed by a large donation from W. W. Crane, Jr., and in quick succession by smaller donations from many individuals. For nearly four years the library attracted but comparatively little attention from the Order, and its frieijds often despaired of its success. A radical change, the basis of its present organiza- tion, was decided upon June 5, 1871; the association formally dissolved, handing'over its assets to a Board of Trustees, consisting of an equal number of members from each of the lodges in the city. Oakland Lodge, No. 118, and University Lodge, No. 144, were the only lodges then in exigence. These lodges had agreed to assume the trust, and to pay the sum of fifty cents per quarter for each member in good standing. Thus every Odd Fellow became entitled to the benefits and privileges of the library. January 10, 1872, Fountain Lodge, No. 198, was instituted, and was admitted into the association. Some years later Harbor Lodge, No. 253, and Porter Lodge, No. 272, were admitted, and are now contributing to the library, and the association is open for the admission of any lodge that may hereafter be instituted in this city. There is at present in the library or in circulation four thousand three hundred well- selected volumes. The library is open all day except Sunday. The Odd Fellows and their families are the only ones entitled to draw books from the library, but others are always welcome to examine the books in the library for reference and many are daily availing themselves of the privilege. The Oakland Free Library. — Perhaps no institution in the city is held in more esteem, judging from the patronage it receives, than the Oakland Free Library. Its clean and neat rooms.^and well-stored shelves, and ample newspaper files, form a healthful attraction which the public is not slow to perceive. The history of its foundation and growth to its present degree of excellence is not altogether an unevent- ful one. The Oakland Library Association was organized March 5, 1868, by a party of citizens called together for that purpose, upon which occasion some $6,000 were <^^^^-t^^:L^ Oakland Township — City of Oakland. 777 subscribed, Dr. S. Merritt being its first President. It originally occupied rooms in the Holmes building, corner Eighth and Broadway; removing from there to Eleventh and Broadway, to the rooms now occupied by Dr. Cole. In the early part of 1872, a building (which forms the upper part of the present library) was erected on the corner of Twelfth and Washington Streets, on a lot given the association, we believe, by Edward Tompkins. Owing to lack of funds and financial difficulties generally, the association found it necessary, in 1874, to dispose of this lot, which they did for $12,500 cash; and the City Council giving them permission to use a corner of the City Hall lot for that purpose, the building was accordingly transplanted to the site upon which it now stands. After years of trial it was found to be next to impossible to sustain the library; the membership being so small as to render the yearly sum from the dues ($6 per member) insufficient to cover expenses; and in 1878, under the Act of the Legislature known as the " Rogers' Act for the establishment of Free Libraries in the State," and upon conference with the City Council, it was decided to surrender it to the city on condition of its being sustained thereafter by such tax as the authorities might deem proper to levy for such purpose. The transfer was accordingly made ; the Jjuilding (costing originally $3,600), between four thousand and five thousand books, and above $2,300 in cash, forming the nucleus of the new library. The Free Reading Room on Eleventh and Washington Streets was also merged in the library, adding $619, a few books and fixtures. The library building was raised, and the present reading-room erected under it. The old association had a paying membership of three hundred. The Free Library of to-day has a membership of over five thousand, the number of books circulated per month averag- ing between eight thousand and nine thousand. Of the total volumes withdrawn an average of sixty per cent, are fiction, the remaining forty per cent, embracing belles lettres, history, geography, travels, poetry, and religion, in the order named. In November, 1878, the date of its opening as a free institution, there were upon the shelves four thousand three hundred and ninety-two books. To-day it owns eight thousand two hundred and thirty-five, exclusive of those worn out and cast aside; of this number two thousand aud sixteen have been added in the last year. The reading- room is well furnished with the news and periodical literature of the day, receiving between twenty and thirty magazines, and over one hundred papers ; and the branch rooms, of which there are two, one at East Oakland and one at West Oakland, being equally well supplied. The library proper and reading-rooms are managed by a Board of five Trustees, elected by the people. The force of employes consists of Miss Ina D. Coolbrith, Librarian, who has held the position since October, 1874; H. F. Peterson, First Assistant; Ina L. Peterson, Second Assistant, who have also had more or less experience in the library during nearly the same length of time, though they were only regularly employed when the library became free. D. P. H. Brown, Janitor and Curator of Central Reading Room ; L. D. Mason and Miss C. E. Brom- ley, Curators of West Oakland and East Oakland branch rooms. The monthly sal- aries are: Librarian, $100; First Assistant and Assistant Secretary, $60; Second Assistant, $45; Curators, %6o each. The Library Association is extremely fortunate in having at its head as trustees public-spirited gentlemen of irre- proachable character, and possessing sound business sense, while to the 50 778 History of Alameda County, California. superior management of the Librarian much of the popularity and efficiency of the library is due. Miss Ina D. Coolbrith, the Librarian, will be recog- nized by all competent literary critics as a woman of genius, and one among the best, if not the very best, of California's daughters of song. Those who have read with pleasure the poetical contributions by Miss Coolbrith, in the Overland, in its best days, will realize the truth of what we write. The following information respecting this institution may prove interesting: On May i, 1883, the total number of books in the library was nine thousand six hundred and seventy-two, of which five thousand two hundred and eighty were purchased since October, 1878. The average circulation is between eight and nine thousand, while there are six thousand eight hundred and eighty- two members. The present officers are: C. W. Kellogg, President; E. M. Lorey, Sec- retary; H. F. Peterson, Assistant Secretary; Trustees, O. H. Burnham, Wilber Walker, E. A. Trefethen, E. M. Long, C. W. Kellogg, Oakland Daily Evening Tribune. — The first number of the Oakland Daily Evening Tribune was issued on Saturday evening, February 21, 1874, by Ben. A. Dewes and George B. Staniford, under the firm name of Dewes & Staniford. The sheet was insignificant in size, but very respectable in its typographical appearance and editorial tone, being the joint production'of two excellent. printers and journalists. The idea on which the enterprise was based can be best expressed probably by a quotation from an editorial printed in the first number of the paper. It reads as follows: "There seems to be an open field for a journal like the Tribune in Oakland, and we accordingly proceed to occupy it, presenting the Tribune, which is intended to be a permanent daily paper, deriving its support solely from advertising patronage." Previous to the production of this unpretending sheet Oakland journalism was at a low ebb. The ability and energy displayed by the proprietors immediately attracted attention, and secured paying patronage that soon warranted its enlargement. The first number contained only three narrow columns to the page, and carried forty-three business advertisements. Three months after the first issue of the Tribune, it was enlarged to double its original size, and was no longer distributed gratuitously. The place of publication was changed to rooms in the Wilcox Block, over those occupied at that time as the Post-office, an^ in the following year to rooms in the adjoining block, on Broadway, between Eighth and Ninth Streets. In the early part of 1876 Mr. -Dewes, who had previously purchased the interest of Mr. Staniford, disposed of one-half his interest in the paper to A. B. Gibson, of San Francisco, who retained the share but a short time, disposing of the same to A. E. Nightingill, then recently from Marysville. The present management of the Tribune was assumed July 24, 1876, when Wm. E. Dargie purchased the interests of Messrs. Dewes and Nightingill. From a variety of- causes, the principal one being the long-continued ill-health of Mr. Dewes, the business had fallen away materially. Under the new management, however, renewed life and energy were instilled into the business, news, and editorial departments. Important changes were made, not only in systematizing the various details, but in the general features of the paper. The columns of the Tribune, under the old pro- prietors, had been confined almost exclusively to local affairs, and but very little space was devoted to general news. Believing that Oakland presented a field for the sup- Oakland Township — City of Oakland. 779 port of a first-class journal, giving full and reliable reports of all matters pertaining to Oakland, and Alameda County, choice selections of miscellany, as well as the tele- graphic news of the day, Mr. Dargie resolved to bring the Tribune up to that standard as rapidly as possible. Within a month he succeeded in obtaining the Associated Press dispatches, being the first Alameda County journalist who had succeeded in doing so. Other new features were introduced from time to time, and special efforts were made to increase the circulation. No difficulty was experienced in effecting this object, and the circulation and general business at the close of the first year had increased so greatly that it was found necessary to purchase the press and other material of the defunct " News Publishing Company." This gratifying success of the first year proved conclusively that the people of Oakland appreciated the energy, ability, and intelligence displayed in the efforts to establish the Tribune as a first- class journal, and rendered its ultimate success a foregone conclusion. To accommo- date the increased circulation and advertising patronage of the Tribune, on October I, 1877, the business was removed to more extensive quarters, at No. 406 Twelfth Street, and a book and job department added, besidps which one of R. Hoe & Co.'s patent improved double-cylinder presses was purchased on which to print the daily Tribune, and a new two-roller cylinder press was placed in the book and job printing department. On November i, 1881, the Tribune was moved to its present com- modious quarters at Nos. 413, 415, and 417 Eighth Street, where each department is under special and efficient supervision. The Tribune is a well-printed publication, containing all the latest telegraphic and local news, with well-digested editorials and well-written articles on special sub- jects. It has a circulation of five thousand, and is to be found in every household throughout the county. The Tribune is Republican in politics, and is printed by the "Tribune Publishing Company," W. E. Dargie, Manager, A. K. P. Harmon, Jr., Sec- retary. The Oakland Daily Times is to-day one of the leading journals in Alameda County, and one of the most influential Democratic papers in the State. It is an old-established paper, being formerly known as the Trayiscripi, owned and controlled by Col. John Scott, and was then a leading Democratic journal. The chief work the paper did under that regime, was the advocating of, and, in fact, the framing of the law known as the "Litigants' Law." The paper fought for this bill assiduously, and finally succeeded in procuring its passage through the Legislature. This law fixed the rates for the publication of legal notices and advertisements, and still continues in force. The office was located on Broadway, between Eighth and Ninth Streets, and the paper was printed on a hand-press. Gradually the paper grew, and subse- quently changed hands, a Mr. Powers becoming the proprietor. Under his control the politics of the paper was changed, and from an advocate of the Democracy it became a Republican journal of the most outspoken character. In 1878 the paper again changed proprietorship, and it was then the most impor- tant changes were made. On the 8th of January of that year Messrs. J. A. Johnson and J. B. Wyman purchased the entire plant, and extensive improvements were irtimediately commenced. The building, 952 Broadway, was leased, and to the new 780 History of Alameda County, California. establishment the business department was first moved, and was subsequently followed by the news and editorial departments, and, lastly, by the composition department. J. B. Wyman was business manager. Possessed of great executive ability, he kept the entire institution under his eye, and by degrees built the paper upon its pres- ent strong foundation, and was the chief factor in bringing the journal to an impor- tant and influential position. When this last change of proprietorship was made, the title of the paper was changed to the Daily Times, and in addition to the daily publi- cation, a large and valuable weekly edition was published, chiefly for, circulation throughout the county and State. From the date of that change prosperity has marked its course. Soon after the change was made William D. Harwood became editor-in-chief, and by his ability as a writer, his argumentative powers, and close, logical reasoning, aided greatly in establishing the paper in its successful career. Probably the most important fight ever made by a newspaper was made by the Times, and brought to a successful termination, in connection with the water front. The importance of the harbor of Oakland had gradually been impressed upon the minds of the people, and had reached the Government headquarters. Hon. Horace F. Page, the Congressman from the district of which Alameda County formed a large portion, became deeply interested in the matter, and by persistent efforts obtained sundry appropriations for the improvement of the harbor and the deepening of the channel leading to the land-locked basin at East Oakland. In course of time the appropriations amounted to one hundred and eighty thousand dollars, and work was about to be commenced on the harbor, when the Oakland Water Front Company appeared upon the scene, and claimed the ownership, not only of the entire water front surrounding the city of Oakland, but such a vast portion of the bed of the estuary, that their claim, if established, would have vitiated all efforts at improvement. At first, little notice was taken of the claim, the people believing that the Government would go on with the work and pay no attention to it. But it was soon learned that unless the Government could have a clear title to the land in dispute they would do no work, and the money would consequently lapse to the treasury. This knowledge startled the people to a sen.se of their position, and several meetings were held, at which com- mittees were appointed to confer with the Water Front Company and endeavor to arrange matters. All their efforts failed, however, and the money was about to lapse, by reason of the time having expired in which it could be used. The Times had closely watched the contest, and had directed the course to be pursued, through its editorial columns. But an apathy would seem to have taken hold upon the people. They appeared indifferent to the future of their chosen home; its bright prospects seemed about to be extinguished forever, and there was every prospect that instead of becom- ing a city of great mercantile importance, Oakland would sink into obscurity and become nothing more than a pleasant country town. The citizens were like a flock of sheep without a shepherd, and, lacking a leader, knew not which way to turn or what to do. At this critical juncture the Times decided to make the fight single-handed, and win back the water front, or, at any rate, compel such a recognition of the rights of the citizens that the appropriations should be secured and the work proceeded with. Alfred J. Share, a journalist of considerable experience, was engaged, and specially detailed to work up the case, and in September, 1879, the fight was commenced. This Oakland Township — City of Oakland. 781 was done in a series of interviews with persons connected with the early interests of Oakland, and occupied nearly three months of close work. The results are familiar to every resident of this city, and, in fact, to the entire reading public in the State. From the earliest settlement of the town of Oakland, up through all the changes and vicissi- tudes the town had gone through, its history was published; and the methods by which the Water Front Company had sought to deprive the people of their rights were laid bare. Broadside after broadside was poured into the sides of the enemy, until, becomihg thoroughly frightened at the prospects of their property slipping away, the company commenced suit against the city to quiet title, and the result of it all was that the title of the Government to the estuary and tide-lands was established, the engineers were set at work preparing plans and specifications, and the work of improvement has gone on ever since, and is still progressing. The result of this fight made by the Times cannot even now be estimated, nor can the good that will result from it be even guessed at. But it is already assuming vast proportions. Factories are springing up all around the city, upon the water front for the right of possession to which the fight was made, and Oakland's success as a manufacturing center is an assured fact. Through the victory won for the city by the Times, the course has been opened for railroads to make their termini here, and the increased accommodation caused by the entry of the Narrow-gauge Railroad is one of the results. It was the indomitable pluck and business tact of J. B. Wyman that planned and carried through the fight to its successful issue, and his name and that of the Times will always be associated as ranking foremost among the public benefactors of the city of Oakland. By rapid strides the Times grew in importance, and another change was neces- sary in order to accommodate the largely increasing business of the office. The com- modious building at the corner of Ninth Street and Broadway was secured on a lease, the facilities for publication were largely increased, a large and well-appointed job- printing-oiifice was added to the institution, and Alfred J. Share was installed as city editor. Under his management the local news department attained an unrivaled position, and presented a faithful record of every transaction of note occurring within the limits of the city and county. The growing importance of the Times as a leading journal became recognized throughout the States, and attracted the attention of John P. Irish, a stanch Demo- crat, and the editor and proprietor of the Iowa City Press, a leading journal in the State of Iowa. Recognizing the need of a Democratic Journal on the Pacific Coast in general, and in Oakland in particular, Mr. Irish made a visit here, and opened negotia- tions for the purchase of an interest in the Times, one of the chief conditions being that it should advocate the cause of the Democracy. In the course of a few months the arrangements were completed, and on October i, 1882, Mr. Irish became the editorial pilot, in time to make the fight for the fall election of that year. With what result that fight was made, the public is perfectly familiar. Under the skillful eye of Mr, Irish the State craft was steered and by his pen the delinquencies of the Repub- lican Party were kept before the voting public, and the need of reform in all depart- ments urgently made. The result of the contest was the election of Democrats to 782 History of Alameda County, California. the two leading offices in the county, the Sheriff and County Clerk, the election of a Democratic Congressman, and, for the district, a Congressman at large living in Oak- land. A better illustration of the influence and importance of the Times in the com- munity cannot be given. Since Mr. Irish took charge of the editorial department, the paper has increased in circulation to a remarkable degree. Soon after his advent, the Times was issued as a seven-day paper, the Sunday edition consisting of eight pages; the weekly edition was enlarged, and now has a circulation of immense proportions, not only in the county of Alameda and the State of California, but also through other States of the Union. Financially the establishment is in a flourishing condition, and as a proof of the popularity of the management of which J. B. Wyman is still the head and brains. Oakland Press. — Located at Center Station, Seventh Street, West Oakland, and was started by G. W. Barter, in 1872, at that time a twenty-eight column paper. He conducted it until 1875; it was then purchased by DeWitt C. Lawrence, its present proprietor, and in 1876 was changed to its present size of forty-two columns, and Democratic in principle. It enjoys a good advertising patronage and a large circu- lation. Berkeley. — This town has very little history beyond what is given to it by the presence of the University of California. It is a suburb of Oakland, and the day is not far distant when it will be absorbed by that rapidly extending and increasing- city. In the year 1868, when the University was located where it is, there then was near the bay a hamlet known as Ocean View, but which is now called West Berkeley, the cluster of houses in the neighborhood of the college receiving the name of Berke- ley, which is now usually termed East Berkeley. It was some time before Berkeley took any great strides to improvement, however, but a superior class of persons took up their residences there, have purchased property, erected houses, and have done much towards the establishment of a model town with systematically laid out streets, well-kept lawns, and handsome environs. It is now in direct communication with San Francisco by half-hourly local trains. Berkeley is blessed with water of the best quality, while its streets are lit with gas. It is well supplied with churches as with schools, and has marvelous beauty of nature on every side, and a railroad to every door. The town was incorporated in 1878, while the following industries will show that it is a place of considerable enterprise. Having been disappointed in receiving a promised history of the University of California, we reproduce the accompanying complete sketch, taken from a pamphlet descriptive of Berkeley and its environs published by Bacon & Co. of San Francisco. Sketch of the University. — No learned institution more truly deserves the title of Alma Mater than the University of California. It is the consort of the State, and the foster-mother of its sons and daughters. Its blessings fall equally on high and low, rich and poor. None are excluded from its classes on account of age, sex, or condition. It resembles, in its wide scope, the German universities, to whose lect- Oakland Township — Berkeley. 783 ure-rooms students return year after year until they are gray-haired. It is ample in scientific attainment, comprehensive in literary culture, and by its practical devices reaches every department of ordinary life. It has been remarked that California begins every scheme of civilization and improvement where others leave off. We avoid the errors, and accept the wise conclusions of all who have gone before us. In accord- ance with this principle, when California framed a constitution, she laid the foundation of her government so broad as to include a university, furnishing a culture complete in extent, and available for all. This was to be the crowning stone of the educational pyramid. Things were so shaped as to take advantage of extraneous aid offered by the nation, or by individuals. In 1853 Congress gave to the States seventy-two sec- tions of land for the establishment of a fund for seminaries of learning, and ten sec- tions of land to provide suitable buildings for such institutions as that provision might call into being. In 1862, through the Morrill Act, a special gift of land was made for the purpose of establishing schools of agriculture and the mechanic arts. This being apportioned pro rata, gave to California a magnificent domain of one hundred and fifty thousand acres. It was the practical period in American life, when thought, tired of pure classicism, tended toward those courses of study that would not only ' educate the brain, but the hand, the foot, the eye, and every physical function which would help to make the student a self-supporting man or woman. The land found a good market, bringing five dollars an acre; a result only achieved by one other State. It has all beqn paid for, and passed under the control of the buyers. It was then flush times in California, and the demand for money permitted the investment of all the spare funds at ten per cent. Trustees were appointed to control the inchoate College of Agriculture and Mechanic Arts, who met in Sacra- mento, June 10, 1867, and decided that it should be located somewhere in Alameda County, This brought the scheme within the sphere of the College of California, which had received its charter in 1855. and had, since i860, been leading a precarious existence in Oakland. This school was not sectarian, though it was nominally under the control of the Presbyterians and Congregationalists. It admitted Unitarians to its executive board. But it occupied no special place in public appreciation. It was too denominational to please the most liberal patrons of education, and not strict enough for those who wished their children reared under church influence. It was in charge of Dr. Henry Durant, a graduate of Yale College, where he had been a classmate of Dr. Horace Bushnell, the celebrated New England divine. At one time he had been a tutor at Yale, and afterward principal of an academy at Byfield, Massachusetts. The College of California had accumulated considerable property by gift or purchase, a part of which comprised one hundred and sixty acres of land north of Oakland, in the foothills of Contra Costa County. The time seemed to Dr. Durant opportune for uniting his languishing institution with the well-endowed Agricultural and Mechani- cal College, and making of the two a great practical school, satisfactory to the scient- ist and the average citizen. Therefore, the domain in the foothills was transferred to the Agricultural College, on the sole condition that it should maintain a department of letters. Of this union of ideas came the University as it exists. The founding of a seminary of advanced learning on the western shore of the American Continent, 784 History of Alameda County, California. from whose windows could be seen the vast expanse of the Pacific Ocean, suggested to those engaged in the project the famous line of Berkeley, " Westward the course of Empire takes its way." Hence, the site received the name of the author of the poetic profJhecy, and it will add luster to it as the. years increase its fame and influence. Dr. Bushnell inter- ested himself in the scheme, but had nothing to do with the selection of the site; for this, Dr. Durant may be considered as chiefly responsible. The beauty of the locality began to be appreciated, and many gentlemen, smitten with the prospect, and fore- seeing a brilliant future, for the town, bought neighboring property; and in some cases regardless of the distance of railroad communications, went daily back and forth to the city. Preliminary Legislation.— T\i% responsibility for the changes made, and the real paternity of the University, have been much discussed. So much of the credit as is embraced in the surrender of the College of California and the transfer of its property, is due to Doctor Durant, whose action was kind and considerate. Here his interven- tion in the work of organization ceases. The time found many men animated by the proper degree of public spirit, intelligent, wide of view, and fitted for so important an undertaking; among them were Gov. Henry H. Haight, Lieutenant Governor Holden, Hon. E. H. Heacock ,of Sacramento, Hon. John S. Hager of San Francisco, Hon. Henry Robinson of Alameda, Hon. W. L. Angney of Santa Clara, Hon. Isaac Ayer of Calaveras, Hon. W. S. Green of Colusa, and Reverend Doctor Benton of Oak- land. Judge Hager is still interested in the University, as regent. The necessary legislation was framed by John W. Dw.inelle, who had no model from which to deduce his scheme, and was obliged to depend on a rough draft made by four of the Trustees of the College of California. The results have been eminently satisfactory, the organic act having nobly stood the test of twelve years' work and criticism. The following may serve as a memorandum of the various proceedings, legislative and otherwise, which preceded the opening of the University. The Act of Congress which appropriated public lands to create a Seminary and Building Fund was approved March 3, 1853. The Act of Congress which gave one hundred and fifty thousand acres of public land for establishing a College of Agriculture and the Mechanic Arts was approved July 2, 1862. The donation was accepted by the Legislature of California, by a concurrent reso- lution, March 31, 1864. April 22, 1863, the Legislature of California appointed a Board of Commissioners to report on the feasibility of establishing a State University, which should include an Agricultural College and School of Mines. The Board of Commissioners shortly afterward reported in favor of establishing a State Museum and School of Practical Science as a branch of the State University. An Act to establish a School of Agriculture and the Mechanic Arts was approved March 31, 1866. June 21, 1867, the Board met at Sacramento, and located the Agricultural College in Alameda County. Oakland Township — Berkeley. 785 In August, 1867, the President and Board of Trustees of the College of Califor- nia formally offered to the College of Agriculture one hundred and sixty acres of land . at Berkeley. The proposition was accepted, and the lands were conveyed directly to the State at a meeting held shortly afterward. The general Act not being deemed sufficient, on March 5, 1868, the "Bill to organize the University of California" was introduced into the Assembly by its author, John W. Dwindle. This bill became a law by the approval of Governor Haight, March 23, 1868. The Board of Regents of the University was organized June 9, 1868. Organization Effected.— In accordance with the organic act, the Board of Regents was composed of twenty-two members, of whom the following were ex officio: The Governor and Lieutenant Governor of California, the Speaker of the Assembly, the State Superintendent of Public Instruction, the President of the State Agricultural Society, and the President of the Mechanics' Institute of San Francisco. Of the remaining sixteen, eight were to be appointed by the Governor, with the approval of the State Senate, and eight were to be honorary members, chosen from the body of the State by the official and appointed members. At a meeting of the Board, June 9, 1868, Gen. George B. McClellan was elected President of the University, but being at that time in charge of the Stevens' Battery, he declined the honor. At a meeting held the following day, Prof John Le Conte was unanimously elected to the chairs of Physics and Industrial Mechanics. On the 1st of December other chairs were filled as follows: Ancient -Languages, Martin Kellogg; Chemistry, R. A. Fisher; Geology, Botany, and Natural History, Joseph Le Conte. In January, 1869, Governor Haight, in accordance with the request of the Board, telegraphed Prof John. Le Conte that his presence was desired to confer with the Regents in respect to courses of study, the purchase of apparatus, and other important details. Professor Le Conte left South Carolina on the 24th of February, and having visited New York, arrived in San Fran- cisco on the 3d of April. He at once proceeded, in conjunction with the Committee on Instruction, to prepare the synopsis of a course of study appropriate to the Colleges of the University, which were five in number, namely : — 1. A College of Agriculture. 2. A College of Mechanic Arts. 3. A College of Civil Engineering. 4. A College of Mining. 5. A College of Letters. In the mean time. Professor Fisher was sent to Europe to purchase physical and chemical apparatus. In order to facilitate the labors of Professor Le Conte, he was made acting President. Being requested by the Board, he prepared a prospectus which contained a complete schedule of study for the five colleges, and an announce- ment of the opening of the scholastic exercises on the 23d of September. The Uni- versity began its labors in accordance with this announcement in the buildings of the College of California in Oakland, taking from the classes of its predecessor about ten pupils. It remained there until it graduated its own senior class. The first graduat- ing exercises were held in June, 1873, in a church in Oakland. .The new buildings 786 History of Alameda County, California. were occupied the next September. Professor Le Conte had the active co-operation of Mr. Dwinelle during the arduous work of organization. He acted as President for more than a year, presided at the first commencement exercises, and conferred the first degrees on a graduating class of three, who had been advanced students in the ' College of California. During his incumbency several measures of vital importance were taken, among which were the selection of suitable building plans, making tuition free, the adoption of the Rules of Order and General Regulations of which he was the author, and the affiliation of the Medical College through the liberal gift of Doctor Toland. D. C. Gilmian, a tutor in Yale College, was elected President June 21st, but declining, Doctor Durant was chosen, and assumed office in August. Doctor Durant retained the position until the re-election and acceptance of Mr. Oilman, July 20, 1872. The most important change occurring during Mr. Oilman's administration was the modification of the organic act, which made chemistry a distinct college, and the division of the College of Letters into two courses called the Classical and the Liter- ary. When Mr. Oilman resigned the presidency in March, 1875, to take charge of the John Hopkins University in Maryland, he was succeeded by Prof John Le Conte, who was first chosen Acting President, and at the expiration of three months elected President, which position he has since occupied. ' The University Buildings. — The buildings are sufficiently spacious and convenient for the present needs of the University. The two largest stand on a terrace more than three hundred feet above tide-water, and command an unrestricted outlook over the bay and surrounding hills. They may be regarded as the historic structures, the nucleus of the group. The corner-stone of the Agricultural College, called South Hall, was laid in August, 1872, with public ceremonies. The corner-stone of the North Hall was laid in the spring of 1873. Both were so far completed as to permit the occupancy of most of the rooms when the University moved to Berkeley in the autumn of that year. Both buildings preserve the freshness of their first years. The architecture of South Hall is simple, but handsome. The material is brick trimmed with graystone. In construction it is solid and durable. It is one hundred and fifty-two feet long by fifty wide, has four stories and thirty-four rooms, six of the rooms being thirty-two by forty-eight feet, and several others twenty by twenty feet. In its base- ment are the chemical laboratory and the agricultural department. On the first floor are the rooms at present occupied by the library, the Secretary's office, and the instruc-. tion rooms of the college of chemistry; on the floor above are the lecture-hall of Prof Joseph Le Conte, the museum, and other rooms needed by the scientific department. The north building is one hundred and sixty-six feet long by sixty feet wide. It has four stories divided into twenty-eight compartments, an assembly-room, forty-three by fifty-eightfeet, philosophical lecture-room thirty-ninebyfiftyfeet, the Universityprinting- office, students' reading-rooms, and various recitation-rooms, the mathematical depart- ment of Professors Welcker, Sill, and Le Conte being among the number. These two buildings are aligned with the main terrace. Back of them, and irregularly placed on the hillside, stand two buildings of later construction— the Bacon Art and Library Building, and the College of Mining and Mechanic Arts. The first is named from Henry Douglass Bacon, of Oakland, who gave to the University his excellent collection of paintings, sculpture, and miscellaneous works of art, a library of several thousand Oakland Township — Berkeley. 787 volumes, and $25,000 to erect suitable buildings to contain these treasures, provided the State woul,d add $25,000 in furtherance of the project. The State appreciated the value and intelligence of the gift, and furnished the amount required. The build- ing and its art contents will increase the facilities for study, and pave the way to a finer culture. Its outside is prepossessing, being of brick unobtrusively ornamented with stone. The architectural style followed within and without is the later forms of Gothic. There are, properly, two buildings in one. That fronting the west is rectan- gular; the rear building is semi-circular. The front portion is eighty-eight by thirty- eight feet. The center of the faQade rises into a tower one hundred and two feet in height. The interior arrangements are well designed. There are broad lobbies and stairways, an elevator, reading-rooms, committee-rooms, store-rooms, and a large art gallery well lighted from the top. The rotunda of the library portion is sixty-nine feet in diameter, and fifty-seven feet in height. It will hold ninety-thousand volumes. When the collection exceeds this, the capacity of the building can be increased with- out altering its proportions, by rectangular additions at the north and south ends. Library and Works of Art. — There will soon be displayed in the art gallery the Pioche collection of paintings, and the paintings and sculpture given by Mr. Bacon. The first will have great value as illustrating a period of French art; the last has many works of superior merit. The library began with one thousand volumes, trans- ferred with the property of the College of California. It has since rapidly increased through gifts of Michael Reese, F. L. A. Pioche, Edmond L, Gould, President Gil- man, Sherman Day, John W. Dwinelle, Mrs. and Miss Fourgeaud, William Ash- burner, Mr. Bacon, and a host of unobtrusive friends. It can only be said to be measurably complete in the direction of scientific works, owing to the long list of periodicals which are yearly increased in number and are copiously indexed. The greatest economy of purchase has been found necessary. A fuller supply of belles lettres is greatly desired; also books on special subjects, such as political and social science, mining, mathematics, and zoblogy. The present yearly inconie of about $4,000 is from a bequest of $50,000, made by Michael Reese. The library must grow from similar accretions, large and small; Its future magnificence will depend, therefore, largely on the liberality of wealthy citizens and the grateful gifts of those who have experienced the benefits of the University. As the library is a department of the University, the property of the State, and to be hereafter made accessible to all citizens, it will be specially interesting and valuable to residents of Berkeley. It is in charge of Joseph C. Rowell, a graduate of the University. The building occu- pied by the College of Mechanics and the College of Mining is of brick, large, well built, and well lighted. The only other building of importance is a large and well- furnished gymnasium, built by A. K. P. Harmon, of Oakland, which can, if needed, be used for literary exercises. A hall for the accommodation of the athletic clubs is in contemplation. The Grounds. — No college or University has ever before been environed by such natural beauties. Art has done more for many; as, for instance, the schools in Spain during the Arabic revival, and those of ancient Greece made memorable by the teachings of the great philosophers. But the groves of Academe sifted through with dust from the ill-kept thoroughfares of Athens, and overlooked by imposing temples 788 History of Alameda County, California. of faultless architecture, were not half so rich in beauties and endowments, or so brilliant with foliage and color, as these not very trimly-kept grounds in which nature disports herself in almost unrestrained luxuriance. The University domain includes two hundred acres of land, most of it having a soil of surpassing richness. The west line is low down upon the plateau, the east line far up in the hills. The contour of the ground is formed by Strawberry Creek and its main branch, which issue from romantic canons behind the buildings, and run some distance in front of them. They are bordered with oaks, laurels, willows, and the coast vegetation common to such localities. Near the angle formed by their confluence is an open space — the campus proper — used by the students for their games and alfresco exercises. The College of California has caused the property to be carefully examined by Frederick Law Olm- stead, the well-known landscape engineer, before its transfer. Mr. Olmstead wrote an- elaborate treatise on the subject, copies of which are rare; and prepared a map, which has unfortunately been lost. He preferred such division and ornamentation as would preserve the natural features and flowing outlines of the place, a plan that has since been somewhat varied. The grounds were afterward laid out by William Hammond Hall, under the directions of the Regents. The design is simple, involving winding drives, with entrances on the south, north, and west, serpentine walks, and a rather sharply defined terrace for the main buildings. The gro'unds have also been surveyed by Professor Soule with special reference to the water-supply. The open portions, dotted with fine specimens of live-oak, have, though untouched, a finished park-like appearance, and are gay with wild poppies, buttercups, primroses, and blue lilies through winter and spring. The improved places are filled with evergreen and decid- uous trees, shrubs, plants, and flowers from every quarter of the globe. A conserv- atory occupies one of the warmest nooks. The fields of the agricultural department are near the western entrance, and are, with their specimens of imported fruits, grains, and trees undergoing a process of experimental culture, of the greatest interest to the farmer and botanist. No modern college has grounds like these. The German universities are usually in crowded cities, and without external attractions. The English universities have lawns that are ill-kept, and a few trees poorly cared for. The American colleges have not found it easy to cultivate handsome surroundings, on account of a severe climate and ungrateful soil. Cambridge has a lawn and trees. Yale has its elms and public green. Trinity College at Hartford has limited grounds which it -is trying to improve. The New York colleges are much the same, except Cornell, which has a large domain still new. All is being done at Ann Arbor that can be done at a place so situated. The southern colleges might do more in their softer climate, but their grounds are neglected and forlorn. None are so favored in climate, universal capacity of production, and beauty of outlook as this. Art might do much to aid nature, but even without art nature was never more attractive. The Faculty. — The University's corps of professors and instructors will compare favorably in experience, attainments, dignity of character, and intellectual force, with those of the best of the Eastern colleges. Several of them were associated with the College of California; several have had experience in Eastern institutions; while to quite a number foreign study has added depth and finish of scholarship. President John Le Conte has a national reputation as a physicist. Professor Joseph Le Conte Oakland Township — Berkeley. 789 is accomplished in geology and its kindred branches. The works which he has pub- hshed on geological science, on science in its relations to religion, his volume printed in the scientific series of the Appletons, and his numerous learned papers covering a wide variety of topics, have given him an excellent reputation among thoughtful men in this country, and have made his name known beyond the Atlantic. He was born in Georgia in 1823, and graduated in 1841 from the University of that State. After having studied at the New York College of Physicians, from which he received the degree of M. D., he practiced medicine for a short time, and then devoted himiself to the study of science under Agassiz. In 185 1 he became a member of the Faculty of Oglethorpe University in Georgia, first filling the chairs of Natural Science, and afterward that of Geology and Natural History. In 1856 he accepted the professor- ship of Chemistry and Geology in the University of South Carolina. This and other scientific occupations- occupied his time until 1869, when he was called to the Univer- sity of California. The Le Contes are of Huguenot parentage, their ancestors having emigrated in 1665 to South Carolina, which was the home of the family until 18 10, when their father moved to Georgia. Professor Kellogg is a Connecticut man by birth and education, having studied in the schools of that State, and graduated at Yale College in 1850. He afterwards spent four years at Union Theological Semi- nary, and came to California in 1855 as a Home Missionary. He was connected with the College of California from i860 to 1869, and was one of the first four elected to chairs in the University. He has been for many years Dean of the Faculty. He is considered a ripe scholar, and thorough instructor. What he has done in the way of editing Latin classics shows him capable of much -more elaborate work of that character. Professor Rising was a professor in the College of California. He was educated at Hamilton College, New York. He has studied at Heidelberg and Berlin, and been twice associated with the University at Ann Arbor, first as instructor in Chemistry and Mining Engineering, the next time as instructor in Chemistry. He has his degree of Ph. D. from Heidelberg. Professor Bunnell is accredited to Harvard. He was for some time principal of the San Francisco Latin School, from which many of his pupils found their way with credit to the University, and to leading Eastern colleges. Professor Sill is a graduate from Yale College, and for many years princi- pal of the Oakland High School, whence he was transferred to the chair which he at present occupies. He is an able instructor, and an enthusiast in his calling. West Point has furnished two members of the Faculty — Professors Welcker and Soul^. The first was for many years a professor in that institution. To sufficient scholarship he adds those qualities of culture and breeding which are deemed essential to fine military character, and which invariably win the respect of students. Professor Soul^ is younger, but has had ample experience. He graduated from West Point in 1866, in the ordnance corps of the army, served a while in Alleghany City, and was after- ward assistant instructor in mathematics at his Alma Mater, until he was offered, in 1869, the position of a.ssistant to Professor Welcker, in the Department of Military Science and Tactics. Professor Moses is one of the youngest members of the Fac- ulty. He graduated at the University of Michigan in 1870, and finished his studies at the universities of Leipzig, Berlin, and Heidelberg, taking his degree from the last. His special studies while abroad were political economy, and history as incidental 790 History of Alameda County, California. thereto. For the purpose of prosecuting a very interesting branch of historical research, he made two summer visits, of several months' duration, to Norway and Sweden. He is a thoughtful student, and earnestly devoted to his vocation. Pro- fessor Hesse was trained in a German polytechnic school, and was early engaged as a teacher in Brown University. Subsequently he held a scientific appointment under the United States Government, and was devoting himself privately to mechanical pursuits, when he was offered a chair at the University. He is said to be a mathe- matician of rare skill, and to unite scientific attainment with great practical abilty, a union of qualities very desirable in his present position. Professor Hilgard was born in Germany, and came to America when fifteen years of age. He has resided here since, except when completing his education at a German university. After his return to the United States he was made State Geologist of Mississippi and Louis- iana, and held that place till elected to the chair of geology in the University of Michigan. The College of Agriculture needing a man at once practical and scientific, the position was tendered to Professor Hilgard, in 1874. He found the college under a cloud, which his careful administration has completely dispelled. The Work of the Colleges. — It would require a large volume to a.na.\yze the scheme of the colleges, and to fully explain their work. They will here be briefly outlined. From a practical point of view they leave very little to be desired. A university can- not make a scholar. If he is malleable it can hammer him into form; if he is ductile it can draw him out; if he is pliable it can bend him into graceful outline; but it can give him no quality of which he has not already the germ. It can teach his brain to theorize if he has a brain; it can train his eye and educate his hand; it can furnish hini models to imitate; it can point out errors to be avoided; it can give him material, and instruct him in its intelligent use; it can indicate the devious ways of knowledge, and show him how to walk in them without going astray; it can ground him in branches of science, and leave him to perfect himself in them as he rfiatures. This is what the University of California is doing. Most students come too young to be made perfect in any specialty, for perfect scholarship implies the devotion of a lifetime. The department of civil engineering cannot graduate a pupil competent to build a railroad across the Andes, but it may send from its lecture-rooms a young man, who, if he has talent and is true to it, may acquire the experience that will enable him to perform even greater feats. The College of Chemistry cannot make a Faraday, but it can give a young man the means of becoming even greater than Faraday. It is well for every one to understand that college education is the beginning of life, and not the consummation of it. The College of Chemistry is in charge of a scholar thoroughly taught, who has able assistants. It has laboratories modeled on those considered most complete in foreign universities, furnished with all necessary appli- ances for complete chemical manipulation; there are few better in the country. The scholar is taught the principles of chemistry, and made to illustrate them by his own experiments. The only expense is thfe trivial charge for the chemicals consumed. College of Agriculture. — The College of Agriculture is more nearly related to the masses. Professor Hilgard is a botanist, and familiar with the growth and diseases of plants. This has enabled him to do great service to the viticulturists of the State. He is expert in the analysis of soils, and has done a great deal to enlighten farmers Oakland Township — Berkeley. 791 in regard to reclamaticin of alkaline lands, and the adaptability of certain localities to special productions. He keeps himself en rapport with the cultivators of the soil by frequent lectures in the country, the distribution of reports, and by the exhibition of specimen cereals in cases at the State and district fairs. He thinks the time is not far distant when agricultural experts will be in as great demand as mining experts. The experiments made in this department have resulted in the cordial co-operation of intelligent and progressive farmers, who are beginning to understand in what manner science may become the handmaid of agriculture. The idea of a model farm has been abandoned as impracti'cable. Herein the college follows the example of Corhell and other Eastern institutions which include agriculture in their curriculum. Perfect culti- vation of the soil, safety of crops, and thoroughness of study are impossible where student labor is exclusively relied on; therefore most of the work is done by outside labor, the student looking on, and sometimes co-operating. For work out of hours he is compensated, and, if needy, to that extent aided in the completion of his col- lege course. The department has ample facilities for illustrating its theories and turning its work to practical account. Its plan contemplates finding out and explain- ing the best modes of propagating grains and economic plants. As Soon as possible it will establish a botanical garden, which will not only illustrate plants of economic value, but those which are interesting to the chemist. Twelve thousand botanical specimens have been collected. Seven hundred specimens of soil have been gathered and analyzed. The texture of grain, dried plants, and fronds of flowers are shown to pupils in the lecture-room by means of a camera obscura. New varieties of wheat are constantly imported from abroad and distributed throughout the State. There is no department that has about it more life and activity that that of agriculture. Pro- fessor Hilgard is efficiently assisted in the branches of practical farming and experi- mental culture on the University grounds by Charles H. Dwindle. Mr. Wickson lectures at intervals on dairying. The Colleges of Mining and Mechanics. — The building occupied by the College of Mechanics and the College of Mining and Metallurgy was completed two years ago. The first is under the charge of Professor Hesse, the other under the superin- tendence of E. P. Christy. With the College of Agriculture, they stand very near to the heart of the people of the State, who are prone to look at the practical side of things. The tendency of modern instruction is in the same direction, as shown by the recent rapid increase of polytechnic schools. The course of study pursued under Professor Hesse involves a period of theoretic study, supplemented by experiments of the most practical character, which will enable the student to become a superior mechanic. Problems relating to mechanical engineering are illustrated by practical application. There is a machine shop with power, and all necessary tools, which will soon be placed in charge of a first-class mechanic, where students can be made thor- oughly acquainted with the various forms and facilities of machinery. The course includes instruction in the laws of solids, fluids, knd the making of machinery of all kinds and for all purposes. The mining department teaches assaying and the methods of practical mining, by lectures, text-books, practical illustration, and visits to indus- trial works in San Frajacisco, and mining and metallurgical works elsewhere. It con- tains four crucible furnaces, four furnaces for cupellation, and all necessary apparatus 792 History of Alameda County, California. for pulverizing, sampling, and reducing ores. Its students have already given good accounts of themselves in the mining districts of Arizona and Colorado. The doors of both these colleges are open to special scholars, who may wish a year's instruction without having had other academic training. Other Departments. — The College of Letters, with its admirable culture, offers less opportunity for description. There is a military department organized by Pro- fessor Welcker, who has endeavored not to confine the course of study merely to tactics, but to impart information that would be valuable to the volunteer soldier and the officer when called into service. A nation of fifty million people which maintains no standing army should, he argues, receive what compensation is possible in the general diffusion of military knowledge. Professor Welcker had, for some time, the valuable assistance of Mr. Soul^ who is now Professor of civil engineering and astronomy. The military department is at present ably instructed by George C. Edwards, Professor Welcker devoting himself strictly to the department of mathemat- ics. The classical cour.se includes instruction in Latin, Greek, and the modern languages, with elective studies. The literary course omits Greek, and gives prom- inence to the modern languages and English literature. By this means the preferences and prejudices of all are regarded. No one is compelled to a course of mere scho- lasticism, who prefers the kind of learning which he thinks will prove more avail- able in after life; while those who desire the mere accomplishments of scholarship can be fully gratified. The departments of mathematics and civil engineering are spoken of as parts of the College of Letters because they treat of science in reference to theory, and are considered essential to the curricula of all higher institutions of learn- ing. They offer their advantages to all students of the University. Military study and drill are required of all. The study of English literature is made more attractive by frequent allusion to the best current publications. Several of the affiliated colleges of the University are for convenience located in San Francisco. These are the Hastings Law College, whose fees are merely nominal, the Toland Medical School, the College of Pharmacy, the College of Dentistry. Their existence is an additional proof of the adaptability of the University to all the wants of common life. In Conclusion. — Even this brief outline of the history and work of Califotnia's great institution of learning shows the admirable range and completeness of its plan. It needs time to consolidate its labors and to perfect its generous scheme. An existence of twelve years does not permit perfect results. Cambridge has been two hundred and fiifty years in growing to its present stature from a "Freshman class of one." A working faculty of thirty, no matter how ripe in scholarship, can hardly accomplish as much as a well-equipped corps of one hundred teachers. Yet several of the University's Eastern rivals exceed that number. The institution has wrought out several problems since its organization. It has proved the co-education of the sexes possible. Young ladies have been admitted to all its classes on equal terms with young men, and have been remarkable for exceptional deportment and high class-standing. All its practical departments have been eminently successful. The school teacher, the mining expert, the druggist, the chemist, the mechanic, the farmer, can gain access to them at any time, and bring his imperfect knowledge up to any desired standard. A post-graduate course affords the earnest student ari oppor- Oakland Township — Berkeley. 793 tunity to emulate the example of the great scholars of the world. The library- is rapidly being perfected in all lines of science and literature. Museums illustrating every branch of study are large, and constantly increasing. Hard times have impaired the University's influence by diminishing the number of students from the middle classes of society, who have been its best supporters. There is every reason to believe, however, that the tide of fortune is now where it can be taken at the flood. The present members of the Board of Regents are active and sympathetic. The affairs of the institution have never baen complicated by political chicanery. In accordance with this principle, recent appointments have been thoughtfully and intel- ligently made by Governor Perkins. Tm Faculty who have hitherto been new to one another, will gradually become more homogeneous. Systematic social intercourse, firm executive control, and the natural solidification of time, will, year by year, give greater unity and an increased momentum. The State is liberal in its annual provi- sions, and nothing seems wanting to make this great school, with its noble foundation, a power on the Pacific Coast, and a potent influence in the world. The California Institution for the Deaf, and Dumb, and the Blind. — Was founded in i860. It was then under the auspices of a Board of Lady Managers, presided over by Mrs. P. B. Clark. By subscription they effected the purchase of a lot on Spark Street, between Mission and Howard Streets, San Francisco. A timely appropriation from the convening Legislature enabled them to complete two brick buildings on the site, and to remove there some ten pupils from Tehama Street, where a school had been carried on for some months previously in a rented house. At that time"the purpose of the school was not as well understood as it is to-day, and it verged upon the condition of a poor-house, with faint attempts at the education of the deaf thrown in. Besides, the public credit, consequent upon the war, was at a low ebb. Donations had to be depended upon, but the energy of the originators was equal to the need. The school grew in strength and numbers. From a single pupil at the Tehama Street House, in i860, the school increased to fifty in 1866, and the ques- tion of its accommodations became a serious one, as it could be seen that the build- ings were outgrown, and their living and school facilities were taxed to the utmost. Just at this time there arrived from New York a new Principal, Prof Warring Wilk- inson. Two Principals — Mrs. Clark and a Mr. Francis — had preceeded him, but this time the selection by the Board was a most fortunate one, for Mr. Wilkinson brought rare qualifications from ten years' preparation at the New York Institution. In the Legislature, convened the following winter, Mr. Wilkinson had a bill introduced ask- ing for an appropriation for a new building, to be erected on a new site. It was passed, and a commission was appointed to find the desired location. The Kearney farm — the present site, and situated in Berkeley, four miles north of Oakland — was chosen, and wisely so, as time proved. The tract consists of one hundred and thirty acres, eighty of which are hill land, used as a pasture. The rest is devoted to sites and tillage. Clear and pure water can be tapped anywhere under the foothills. A good soil, healthful climate, and fine outlook approve the wisdom of the commission. The specifications of the new building called for an edifice of blue-stone masonry, and three stories, with a frontage of one hundred and ninety-two feet and a depth of SI 794 History of Alameda County, California. one hundred and forty-eight feet. The style was Gothic. The plans were such as would overcome the difficulty of housing the different sexes and classes. The four corners of the edifice answered the purpose of four institutions. The dining-room was in the center and the chapel above it. Beyond a court on each side of the dining- room were school-rooms. The ground was broken July 29, 1867. The foundation- stone was laid on the 26th of September, with appropriate ceremony, a feature of which was an ode by Bret Harte. Except with a hitch, occasioned by the great earthquake of 1868, which battered down some parts of the walls, and entailed an additional expense of $9,000, the work so progressed that the building was ready for occupation in the fall of 1869. The cost of the structure was $149,000, including the incidental expenses. The land, $12, 100. The San Francisco property put in the market realized $34,000. The school then opened with ninety-six pupils, and under most favorable auspices. But it had hardly begun with the sixth year of its new •existence when a great misfortune befell it. That was the destruction by fire of the beautiful building, on the evening of the 17th of January, 1875. The cause of the calamity could never be ascertained. The fire began in the roof above the kitchen chimney, and, as a strong east wind was prevailing, made such rapid headway that 1:he children were in danger. But no lives were lost, and prompt assistance from the neighbors saved the children from the exposure of a drizzling night. A blow so sud- den and overwhelming almost paralyzed the friends of the institution. But the Board ■of Directors was on the ground before the light of the fire had died away. At the aneeting called the next day arrangements were at once made to open the school :again as soon as possible. Extensions were made to an outlying building at an vexpense of $27,000, for which twenty-seven gentlemen loaned $1,000 each. On the 27tk of April the school again opened. A period followed of personal discomfort and damger to health consequent on crowding one hundred and twenty-five persons — pupils and employ^ — in straightened quarters, which, however, was borne with com- inendable patience. Meantime the mind of the Principal was busy with the ques- tion of the plans for new buildings. With experience of the past and emulation for the success of the future, Mr. Wilkinson spent the two years prior to the meeting of the next Legislature in studying plans and systems, and consulting authorities. A Journey through the country, in the vacation, was undertaken for these purposes. The outcome was an elaborate report in favor of the segregate system, in which the following reasons were set forth: I. Comparative safety from fire. One house may iburn up without endangering the whole block. 2. The isolation of the sexes, and .also of the classes. 3. A check to epidemics. The abetting tendency of the wicked pupils may also be checked. 4. It affords opportunity for grading the pupils and ■a-egulating their association. 5. It is one step nearer to the family. 6. It affords facilities for indefinite enlargement. 7. It is cheaper. The report received the .'Board's ratification, and the plans were forthwith ready on paper against the meeting lof the Legislature. There $110,000 were voted for two "Homes." The following ^spring foundations were laid. In the fall of 1878 the buildings were occupied. They •were designed for the housing of the pupils only. In them are alcoves for the large pupils and dormitories for the small ones, besides sitting-room, reception-room, apart- ments for the teachers and the matrons, basement for playing, and bathing, and all Oakland Township — Berkeley. 795 necessary home accessories. In 1879 a central refectory was erected as part of the plan that looked to devoting separate buildings to separate purposes; cost, $35,000. A boiler-house and a residence for the Principal were also erected ; costs, $4,000 and $S,ooo respectively. In 1881 another "Home" was built; cost, $51,500. Lastly, an educational building was ready for occupation in the fall of 1882. The appropriation asked for w^as $73,000, and the plans were for a proportionally extensive building. But it was cut down to $40,000, and the building was reduced to its present dimen- sions. It is one-storied and contains ten class-rooms, library, office, chapel, hat-rooms, and- all modern improvements. The building material is brick, upon granite founda- tions, with slate for the roof, and artificial stone flooring for the basement. The out- ward architectural aspect is very plain, though not harassing to the eye, when it collects in a single view the whole group, and recognizes a degree of harmony existing between the design and appearance of the buildings and the brown hills against which the houses rest as against a background. Ground improvements are late in coming, as no money is at hand. The interior of the houses make up for ths sacrifice <>f the outward appearance, as large airy rooms and bright, white cedar wood-work, contribute to a home-like cheerfulness, a feature that has been secured as one of the many parts of the segregate system, namely: the idealization of home-life as against the rigid discipline of barrack-life in the congregate institution. All that was expected of the system has been realized. Morals are improved many per cent, and sickness is so reduced to a minimum that the salary of a doctor is beginning to be a burden. The yearly expenses of the institution are $40,000, ot which $17,500 go to salaries and wages. The total cost of the buildings thus far has been about $260,000. The property, with the land at market rates, and all its improvements these' many years, represents, along with the buildings valued as above, about $350,000 to the State's credit. At the time of the present writing one hundred and fifty pupils are being educated. Ten teachers are employed, namely: George B. Goodall, who, in addition to being the head teacher of the deaf-mute department, has charge of the blind's musical training; Charles Wilkinson; Henry Frank (a pioneer teacher and deaf mute, having been connected with the institution seventeen years); Douglas Tilden; Mrs. George B. Goodall; Miss Annie Carter; Miss M. A. Dutch; Miss Anna B. Garrett; Miss Annie Warren, and Miss Kate Crandall. Articulation has been lately introduced as a part of the deaf mutes' education. The institution is, as it has been for eighteen years past, under the management of Warring Wilk- inson, of whose zeal enough cannot be said by way of praise. His perfect familiarity with the mysteries of' deaf-mute education has produced extraordinary results in the intellectual department of the school, and his enthusiasm has brought the institution out of a small beginning to be one of the best equipped schools throughout the country devoted to like purpose. The institution is fortunate in belonging to this county. Alameda County is the intellectual center of the State. It has also been enabled, by her geographical situation, to give to the institution a home which can ask for nothing better in the way of healthfulness of climate and fineness of site.. The school is directly in front of the Golden Gate. A telescope in a front window levels across Alcatraz Island and notes the mast or chimney of an incoming vessel, and far beyond, on a fine day, may be seen the Farallone; Islands, forty miles distant 796 History of Alameda County, California. The view sweeps uninterrupted around the whole basin of the bay, from the Santa Cruz mountains to the Sonoma hills. The city of San Francisco is in full view, and the lights of the streets at night look like stars strung for the play of mortals, and the fires of Mount Tamalpais, seen from here, make strange colors with the sunset clouds, which veil the top. At our feet lies Berkeley, sloping gently down to the bay. Oakland is four miles to the southward — a great park of oak-trees. The institution has always been most fortunate in its management. Its Directors have been men of acknowledged integrity and administrative ability. Among them may be mentioned Ira P. Rankin, Dr. J. P. Whitney, Wm. Sherman, B. H. Randolph, Rev. J. A. Benton, J. Mora Moss, Col. J. C. Hays, Capt. Chas. J. Brenham, Dr. J., E. Nicholson, J. L. Barker, E. J. Crane, D. D. Shattuck, Dr. L. Hamilton, Gov. H. H. Haight, Thoma.s. Yolland, John Garber, and Gen. J. F. Houghton. The present Board consists of Hon. John A. Stanly, President; A. K. P. Harmon, Vice-President; Isaac Wormser, Auditor; George D. Dornin, and Dr E. H. Woolsey. The Secretary and Treasurer is H. A. Palmer. The Directors serve without pay, and the prosperity and good, name of the institution is largely due to the unselfish zeal which has characterized their administration. While the institution has been called upon to mourn the loss of several Directors, it particularly laments the death of J. Mora Moss, a well- known citizen of this county, who filled the Presidency of the Board for ten years, and departing this life in November, 1880, is still remembered for his gentleness and his integrity in the discharge of his trust. The Berkeley Gymnasium.^ — Next to the University in the educational scheme of the town, and preparatory thereto, is the Berkeley Gymnasium. It is related to the higher institution as the German gymnasia are related to the German universities. It is in full accord with the Faculty, one of whom makes the annual address to the graduating class, and most of whom deliver occasional lectures in a course that forms part of the stated curriculum of study. Its patronage is drawn from the best social element of the Pacific Coast. Its teachers are selected not only with reference to their scholarly ability, but their fitness by temperament for their arduous and important profession. The course of study includes the ordinary English branches, the higher mathematics as far as geometry, Latin, Greek, and the modern languages. The school buildings are near to the University grounds, are spacious, conveniently arranged, and surrounded by evergreens. They include everything necessary to the comfort and culture of the pupil — large study-rooms, necessary scientific apparatus, airy dormitories, and a generous cuisine, the last feature being considered absolutely essential to the well-being of studious and growing youth. Observance of the funda- mental principles of the Christian religion is insisted on, but denominational inter- ference is not tolerated. Students can attend, with a monitor, any particular church in Berkeley or Oakland designated by parental authority. The scope of religious instruction contemplates inculcation of the idea of a Supreme Being, Creator of the iJniverse, the First Cause and Ultimate of things. . That which relates to special dogma is left to the church, the theological school, and to domestic training. If by this means the student becomes inspired with reverence for God, respect for religious observances, consideration for well-established human institutions, and a zeal for Oakland Township — Berkeley. 797 critical investigation, work in this direction is considered finished. The use of tobacco is considered, as are all forms of intemperance, destructive to both brain and body, and pupils are so instructed. Students found guilty of bringing intoxicating liquors upon the school grounds, or of visiting drinking-saloons, are expelled. As in the University, discipline is based on manly qualities. When a boy forgets that he is a gentleman, and fails utterly in his duties to his parents, his teachers, and himself, his connection with the institution is severed. The corps of teachers may be con- sidered as permanently connected with the school, their work having been so harmo- nious that no changes have occurred in four years. The theory of instruction is ■embodied in the word " self-help." Here, also, the guiding principle of the University is followed. Knowledge is not only imparted to the pupil, but every effort is made to enable him to assimilate it as part of his mental constitution, that it may be of practical benefit to him afterward. This analysis of the Berkeley Gymnasium shows how it fits into the system of complete instruction which the town affords. The benefit of such an institution so closely related to the University is apparent. Its teachers know the exact standard required for admission to the Freshman Class; hence no pupil is submitted for examination until he is thoroughly prepared. If students come from a distance, having made imperfect preparation, they can be received here until they have supplied every deficiency, and are ready for the higher education which the University so generously furnishes. The advantages of such a school to citizens of Berkeley, who desire to have their children with them through all the period of study, are great. The Berkeley Gymnasium has already the largest and best patronage of all the private Schools on the coast. It is now extending its name to Mexico, Central America, the Sandwich Islands, Oregon, Nevada, and the East. Its management expect to make it in the near future one of the leading pre- paratory schools of America. The Principal is George Bates, M. A., Cambridge University, England, with a highly accomplished corps of instructors in every branch •of literature. The Harmon Seminary. — This institution for the education of young ladies was opened August 3, 1882, under the charge of Rev. S. S. Harmon and Mrs. F. W. Harmon, as associate principals, with a corps of seven competent instructors, instruc- tion being imparted in every useful information and mental culture. Here ladies are given a special course of instruction arranged with a view to a thorough preparation for the entrance examinations of the State University. St. Joseph's Presentation Convent. — This institution is located in the heart ■of the beautiful suburb of Oakland, Berkeley, and was founded by Reverend Mother Mary Teresa Comerford, of the Order of Presentation, in 1878. The foundress of this ■Convent was a remarkable and noble woman, and a few of the salient points of her life's work will be perused with interest by all the readers of this volume. The Order ■of Presentation Nuns was established by Miss Nano Nagle, who was born in Ireland, in 1728. The order flourishes in that country to this day, the chief characteristic of it being that its members .observe cloister, and devote their lives to the education of •children "without money and without price," trusting in God for all their temporal 798 History of Alameda County, California. needs; and certainly if we are to judge from the great amount pf work accomplished by Sister Mary Teresa, that source of help can be relied upon in time of -need. She came of a highly respectable family, and was born February 19, 1821, and was given the name of Bridget at her christening. Early in life she was admitted to the Pre- sentation Convent at Kilkenny, as a postulant, and on the i8th of January, 1842, she received the holy habit of a Presentation Nun, as a novitiate. The final vows were taken January 17, 1844. Ten years later, in 1854, she determined to come to San Francisco, and assist in the establishment of a convent of her order, and on the first of December of that year a school was opened temporarily in a small building on Green Street, with an attendance of two hundred. August loth of the following year the foundation of a convent was laid, the first of the order in the United States, as well as on the Pacific Coast. While this was building the Sisters who had come to California with Sister Mary Teresa, with one exception — Sister Mary Xavier Daley, determined to return to Ireland; and upon their departure Sister Mary Teresa was duly installed Superioress. The appointment was made November 8, 1855. The new building was taken possession of December 3, 1855, and the schools were opened in January, 1856. The attendance was very large, and the Mother Superior was urged to accept pay for the tuition of the pupils; but, keeping the principles of her order fixedly in view, she refused to do so. This institution is well known as the Powell-street Convent On the 26th of September, 1868, the corner-stone of a new convent was laid, on Taylor Street, San Francisco, which was built from plans designed by Mother Mary Teresa, and under her personal direction; and in May, 1869, eight Sisters, chosen from the Powell-street Convent, together with Mother Mary Teresa,, took possession of the new building. The popularity of these schools is attested in the fact that by the 2d of June following the pupils had become so numerous that it was found necessary to convert the chapel into a school-room, and the refectory was used as an infant school, and each teacher was obliged to take charge of nearly one hundred scholars. We now come to the last work of her life in California — the estab- lishment of the Convent of St Joseph, at Berkeley. From a small volume entitled,. "Memoir of Reverend Mother Mary Teresa Comerford," we make the following extract: "Being as desirous as ever to extend her Institute, she was eager to found a convent in the suburbs. Various locations were proposed. She decided, however, on Berkeley; Mr. Curtis and Mr. James Magee immediately offered lots for the building. As the property of the latter gentleman was larger, and in a good locality, his ground- was accepted. In the beginning of the year 1877, Mother Mary Teresa visited Berkeley, and made pi'eliminary arrangements for the erection of the convent On the 27th of May his Grace, Archbishop Alemany, accompanied by many clergymen, proceeded to Berkeley to lay the corner-stone. The people's appreciation of the advantages to be derived from the gratuitous education of girls by the Presentation Nuns, was fully testified on the occasion. Hundreds crossed the bay to witness the ceremony. At fifty minutes past four o'clock on this beautiful May evening the congregation assembled on the open plain in center Berkeley. Beside the venerable Archbishop might be seen a youth who had scarcely reached his teens. He wore a mason's apron of no coarser texture than white satin, beautifully ornamented with the aquerelle painting of the nuns. In his hand he held a silver trowel, with which he Oakland Township-^Berkeley. 799' aided the Archbishop in the laying of the corner-stone. This young gentleman was Joseph Donohoe. The ceremony having terminated, Rev. Brother Justin, President of St. Mary's College, San Francisco, delivered an eloquent address. The crowd dis- persed as the orb of day was gathering his crimson rays into the placid waters of the Golden Gate." The 27th of May, 1878, was chosen as the time for taking possession of the new building, and six Sisters were selected to accompany Mother Mary Teresa to her new home. On the 30th of May the dedication services were held, which were largely attended, and were conducted by Rev. Father King, of Oakland, assisted by Rev. Fathers Prendergast, V. G.; Gualco, McNally, and Serda. Father Prendergast preached the dedicatory sermon. After the sermon and vespers, the priestly proces- sion was formed, and the building apartments, site, and grounds were blessed. The beginning of the school was small, owing to the residents of Berkeley being so scat- tered, the number of pupils being only about sixty the first day, but the school has gradually increased in' size, the present attendance being ninety. The size of the building is sixty by seventy feet, and two stones high. The cost of erection was thir- teen thousand dollars. There is one school-room which is divided by rolling-doors. There are also four music-rooms, refectory, chapel, spacious corridors and bath-floors, and dormitories. In 1880 there was erected a building on the grounds, twenty-eight by thirty feet in size, which is used for small boys' school. All pupils are day scholars. The convent is at present under the charge of Mother Mary Josephine Hagarty, who succeeded Mother Mary Teresa in 1879. There are eight sisters engaged in teaching. A church will be erected on the convent grounds during the present year. There are now four novices and one postulant in the convent. From the fact that the Sisters of the Presentation Order do not accept tuition for the pupils attending their convents, it will doubtless be a question in many minds as to where the funds come from with which Mother Mary Teresa accomplished her wonderful work. The only answer to the question is that — " God moves in a mysterious way His wonders to perform;'' And that as a true child of the Supreme Father, going, like the Apostles of old, with- out mone}' and without scrip, she put her trust in God, and he failed her not, and friends were always raised up at the right time to meet her requirements, and an abundance of money was always forthcoming. This sketch would be incomplete without a mention of the closing of the beautiful life of the foundress. After getting the convent at Berkeley thoroughly established she paid her second visit to her native land in 1879, for the purpose of founding a general novitiate where young sisters might be trained to meet all the requirements of the United States Missions. After having accomplished her mission to Ireland she returned to California in May, 1881, and shortly after became seriously ill, and on the 2d of August she breathed her last without an effort, as the evening "Angelus" pealed from the convent belfry, and her bright, pure spirit sped away to its reward, so nobly and faithfully earned during her long novitiate of more than sixty years, and the sable garbs of a nun were changed for the immaculate marriage robes of God's saints. West Berkeley Presbyterian Church. — The First Presbyterian Church of 800 History of Alameda County, California. West Berkeley was organized March i8, 1877, by Rev. James Currie. He began operations in this field in 1875, preaching his first sermon January 3d of that year. He organized a Sunday-school, and preached occasionally till July 23, 1876, he being a student during that time. At the last-named date he began preaching regularly in the school-house. The following-named persons united in the organization of the church: Capt. James S. Higgins, Mrs. A. E Bunce, Mrs. Ann Bowen, Mrs. John Boyd, Miss Josephine Snow, Miss Alice M. Bunce. Rev. David McClure assisted in effect- ing the organization of the church. Rev. Mr. Currie has remained in charge as pastor from the organization of the church to the present time. Capt. J. S. Higgins has been elder since its organization, The church building was erected in 1879, and was dedicated October 26th of that year. It is thirty-two by fifty-seven feet in size, with a spire seventy feet high. The seating capacity of the church is about two hundred. The building cost $2,800, and the lot is valued at $1,000. The present membership is fifteen, and the field is being worked industriously by the pastor. The Sunday- school is in a flourishing condition, and numbers about sixty at the present time. West Berkeley Methodist Episcopal Church. — From the earliest settle- ment of this part of the State Methodist ministers have pushed out into the sparsely settled sections and conducted divine service in school houses, halls, or wherever else they could find room. It is not known just when they began preaching in the vicinity of Berkeley, but certainly at a very early date. There were, however, no steps taken towards effecting a church organization by this denomination till 1878, when Rev. George Newton was appointed by the California Conference to occupy the field and organize a church. The first step taken in the matter was the forming of a class at West Berkeley, with C. H. Mason, Leader. During the pastorate of Rev. Mr. Newton, services were held in a hall. In September, 1879, Rev. William Herbert succeeded Rev. Mr. Newton, and remained in charge till September, 1880, when the present pas- tor. Rev. G. D. Pinneo, entered the field. Shortly after Rev. Mr. Pinneo became pas- tor arrangements were effected by which the Methodist services were held in the Presbyterian church during the morning hour, all other services being Union. In July, 1 88 1, a building was purchased and moved upon a lot belonging to the church. It was used for school purposes until February, 1883, services being held, as noted above, in the Presbyterian church up to that time. On the first Sunday in February, 1883, they occupied the building for church purposes, and also organized a Sunday- school. The church organization was effected September 14, 1882, by Rev. T. H. Sinex, Presiding Elder, and Rev, G. D. Pinneo, Pastor in charge; with C. H. Mason, Class Leader; and J. O. Byxbee, John Squires, C. H. Mason, J. Underwood, F. Wilkes, and William Boddy, Stewards. The present membership is nineteen, and the work is in a good condition. The Sunday-school is flourishing also. Berkeley Lodge, No 270, I. O. O. F.— Was organized February 20, 1878, with the following charter members: T. B. Tarbett, J. Woolley, S. H. Anthony, Wm. Ellis, George S. Tallman, S. C. Clark, F. H. Payne, F. J. Ryus, I. A. Boynton, J. Funnell, G. D. Metcalf, J. Chappie, and T. M. Antisel. The first officers were: F. H. Payne, N. G.; S. C. Clark, V. G.; I. A. Boynton, Secretary; F.J. Ryus, Financial Sec- Oakland Township— Berkeley. 801 retary; J. Chappie, Treasurer. The Past Grands have been: F. H. Payne, S. C. Clark, I. A. Boynton, J. Ryus, J. Funnell, Thomas Hann, J. McClain, W. H. Chapman, A. H. Broad. The present officers are: A. H. Broad, N. G.; W. E. Zander, V. G.; H. M. Barry, Secretary; Thomas Hann, Financial Secretary; J. Chappie, Treasurer. The present membership is eighty-six, and the lodge is in a prosperous condition. It meets on Thursday evenings. Hearts of Oak Lodge, No. 6i, A. O. U. W., West Berkeley. — Was organized October 25, 1878, with the following charter members: F. E. Berge, G. A. Schuster, G. F. G. Larson, R. S. Nixon, J. C. Burghardt, E. F. Niehaus, C. Johnson; George Embury, P. R. Sisterna, A. Park, J. Chappie, T. Hann, R. Lloyd, C. Maloney, E. S. Tallman, C. F. Burns, W. H. Johnson, S. Austerhaut, A. Steinmetz, P. Sheridan, J. H. Ruarke, G. M. Fames, J. Copp, J. Ehrman, O. P. Oliver, S. A. Penwell, William Storm, T. J. Reilley, J. E. Wright, A. Arnold, Charles W. Tobey, M. Hendershot, D. W. Hewitt, E. M. Lawrence, G. Weidinger, A. Lucas, William J. Greer, C. Luth, L. Marks, E. Reagh, R. G. Houston, F. E. Corder, J. J. Bluett, B. E. Olsen, and M. M. Gilman. The first officers were: F. E. Berge, P. M. W.; G. A. Schuster, M. W.; G. F. G. Larson, O.; R. S. Nixon, Recorder; J. C. Burghardt, F.; E. F. Niehaus, Receiver; C. Johnson, Guide; G. Embury, I. W.; and P. R. Sisterna, O. W. The P. M. W., are F. E. Berge, G. A. Schuster, C. F. Burns, G. Larson, S. Austerhaut, and C. Hadlen. The present officers are: L. Shafer, M. W.; G. Larson, Foreman; H. Mitchell, O.; S. A. Penwell, Financier; S. Austerhaut, Recorder; and E. F. Niehaus, Receiver. The present membership is forty-six. The lodge is in a very prosperous and growing condition. Three of its members have died since its organization, viz., A. Park, J. C. Burghardt, and W. H. Johnson. Berkeley Lodge, No. 10., A. O. U. W. — Was organized October 23, 1877, with the following charter members: C. F. Gompertz, J. F. Burdick, F. H. Payne, Thomas F. Graber, W. P. Durfee, P. R. Boone, Allen Shorkley, Lorenzo Davis, Jr., J. F. Burris. and these officers: C. F. Gompertz, P. M. W.; J. F. Burris, M. "Iv.; L. Davis, Jr., F; W. P. Durfee, O.; F. H. Payne, Recorder'; P. R. Boone, Financier; A. N. Buchanan. G.; J. F. Burdick, I. W.; A. Shorkley, O. W. The Past Masters serving this lodge have been, John F. Burdick, Thomas F. Graber, W. P. Durfee, Philip R Boone, C. F. Gom- pertz, Allen Shorkley, Frank H. Payne, John W. Bice, C. H. Siliman, R. G. Houston. The present officers are: Fred. E. Berge, P. M. W.; Samuel C. Clark, M. W.; Nathan C. Carnall, F.; Welles Whitmore, O.; T. F. Graber, Recorder; F. H. Payne, Receiver; W. H. Chapman, Financier; James Graham, G.; J. D. Stewart, O. W.; J. E. Masson, I. W. University Lodge, No. 88, A. O. U. W., Berkeley. — Was organized March 20, 1879, with the following charter members: Thomas Hann, P. Sheridan, W. P. Oliver, B. T. Conger, G. A. Embury, H. L. Whitney, H. A. Palmer, I. A. Boynton, George Tallman, J. Chappie, Clinton Day, S. Wilson. The first officers were: Thomas Hann, M. W.; C. Usinger, Secretary; C. O. Lord, Treasurer. The Past Master Work- men of this lodge have been H. A. Palmer, Thomas Hann, P. Sheridan, H. Ayers, B. T. Conger, H. L. Whitney, G. A. Embury, J. Squires. The present officers are J. Squires, P. M. W.; S. V. Nichols, M. W.; A. L. W. Kschieschang, Foreman; F. W. 802 History ov Alameda County, California. Styles, Overseer; J. G. Wright, Receiver; P. Sheridan, Financier; H. Ayer, Recorder; E. Horst, Guide. The present membership is forty, and the lodge is in a prosperous condition. West Berkeley Lodge. No. 206, I. O. G. T. — Was organized February. 5, 1880, with the following charter member's: J. Alphonso, M. C. Wright, Miss Kate Underwood, Wm. Shanly,J. F. Teague, W. F. Higgins, P. Monroe, Mrs. J. Underwood, J. Underwood, Miss Nellie Higgins, Mrs. C. H. Mason, Miss Teresa Johnson, C. W. Davis, William Johnson, Miss Kate Wright, Mrs. H. O. Heath, W. T. Stanley, Fred. McCaskill, Fred- Esmond, and William Grimshaw. The first officers were: P. Monroe, W. C. T.; Miss Nellie Higgins, W. V. T.; J. Underwood, W. Chap.; W. C. Wright, W. S.; W. Higgins, W. A. S.; F. Esmond, W. F. S.; Mrs. J. Underwood, W. T.; J. F. Teague, W. M.; Miss Kate Wright, W. D. M.; F. McCaskill, W. I. G.; W. Stanley, W. O. G.; and W. H. Johnson., P. W. C. T. We are informed that there have been three other lodges of Good Templars in West Berkeley, all of which have been forced to surrender their charter. This lodge is, however, in a flourishing condition, and bids fair to live long and do much good. Berkeley Council, No. 73, I. O. C. F. — Was organized at West Berkeley, April 25, 1882, with the following charter members: J. Alphonso, William Davis, C. W. Davis, J. Brown, E. Forsythe, T. S. Graber, William Grimshaw, P. Monroe, E. J. Parker, F. H. Payne, S. A. Penwell, J. Rooney, P. Sisterna, F. Silva, F. H. Wheelan, J. D. Wangrim, F. Maurer, M. Ludwig, G. Schmidt, D. Jackson. The first officers were: C. N. Terry, P. C. C; F. H. Wheelan, C. C; W. Grimshaw, V. C; J. Rooney, Secre- tary; J. D. Wangrim, Financial Secretary; C. W. Davis, Treasurer; E. Forsythe, Pilot; J. Alphonso, Marshal; P. Monroe, Warden; A. Brown, Guard; George Smith, Sentinel. The following gentlemen have filled the chair of the chief officer; C. N. Terry, F. H. Wheelan, T. F. Graber. The Present officers are, P. Monroe, C. C; D. Jackson, V. C; S. A. Penwell, Secretary; William Davis, Financial Secretary; C. W. Davis, Treasurer. The present membership is thirty-one. Meets on Tuesday evenings at Sisterna Hall. Le Conte Lodge, No. 945, A. L. of H.— Was instituted in May, 1882, with the following charter members and officers: T. F. Graber, P. C. ; F. H. Payne, C; L. H. Long, V. C; R. R. Reed, Secretary; C. S. Merrill, Coll.; R. G. Houston, Treasurer; L. Davis, Jr., Orator; W. Ellis, War.; H. N. Barry, G.; E. A. Sawyer, Chap.; L. W. Williams, Sentry; W. S. Dibble, J. McClain, J. Anderson, H. N. Marquand, M. L. Hanscomb. The present membership consists of one hundred and seventy-four. The officers for the current year being: L. W. Lang, C; E. A. Sawyer, V. C; L. Davis, Jr., Orator; R. R. Reed, Secretary; C. S. Merrill, Coll.; W. S. Dibble, Treasurer; W. Ellis, War.; M. L. Hanscomb, Chap.; H. N. Barry, G.; H. L. Marquand, Sentry. Tahoe Lodge, No. 1876, K. of H.— Was organized at West Berkeley, Novem- ber 28, 1878, with the following charter members: I. M. Wentworth, D. R. Wentworth, S. Agerter, H. W. Hart, H. Marquand, F. O'Brien, S. A. Penwell, C. H. Richards, A. Rammelsberg, S. Wright, H. -W. White, and C. C. Peterson. The first officers were: S. A. Penwell. P. D.; C. H. Richards, D.; A. Rammelsberg, V. D.; W. H. White, Oakland Township — Berkeley. 803 Assistant Dictator; H. Marquand, Reporter; C. N. Terry, Financial Reporter; D. R. Wentworth, Treasurer; S. Wright, Guardian; S. Agiter. The Past Dictators of this lodge have been, S. A. Penwell, A. Rammelsberg, S. Wright, F. O'Brien, W. J. Max- well. The present officers are: W. Mills, D.; J. H. Cator, V. D.; R. Burcher, A. D.; S. A. Penwell, Reporter; A. Rammelsberg, Financial Dictator; D. R. Wentworth, Treasurer; S.Nelson, Guide; J. Wilson, Guard; S. Wright, Sentinel; T. S. Byxbee, Chap- lain. The present membership is thirty-three. Meets on Saturday nights, in Sisterna Hall. The lodge is in a prosperous condition. West Berkeley Planing Mills. — These mills were put in operation in 1874 by J. H. Everding, and were purchased by Schuster & Niehaus, the present proprie- tors, in the Spring of 1876. Under their management a great deal of machinery has been added, and the capacity largely increased. At present the machinery comprises one planer, one sticker, four saws, one turning-lathe, one band-saw, one jig-saw, one shaper, one tenanting-machine. and one boring-machine. They employ twenty-five men. West Berkeley Brewery. — This is a small industry lately started, by Christian, and is not yet fairly in working order. The Hofburg Brewery. — California is rapidly taking a prominent place as a manufacturing and industrial center, and in no branch of enterprise has the State made such pronounced progress as she has in the brewing industry. Already Cali- fornia beer is a favorite throughout the coast, and even in the Western States. The latest effort in this direction is the Hofburg Brewery, and although the company has only been brewing about six weeks there is a great and constantly increasing demand for their beer far beyond our local boundaries. The firm name is Neller & Co., and the brewery is located at the corner of San Pablo and University Avenues, West Berkeley. The building and apparatus is one of the most compact and convenient in the State, and was arranged with a view to rapid and extensive production. At the rear of the main building is the pump over a well of pure, cool, gravel water oozing out of a well sixty-five feet deep and eight feet in diameter, a second well of equal capacity adjoining and connected with the main well. As pure v/ater is a prime requisite in the brewing of beer, the company spared no effort in locating their well in the best possible position, prospecting two years before they were finally satisfied. The result of a close analysis was eminently satisfactory, and fhey now claim to have the best water for their purpose on the coast. They can tap fifty feet of water even after they cease pumping for twelve hours. Close by the well is an improved pitch machine and furnace for glazing the inside of the barrels to obviate the woody taste so common to ordinary beer. The engine, to which is attached a pump for distribut- ing hot water to every portion of the building, was built by Clot & Meese, of San Fran- cisco, and has a capacity of twenty-five-horse-power. The boiler is forty-eight inches by sixteen feet. The buildings are located on a plot of ground an acre and a quarter in extent, the main building having a frontage of eighty feet, by forty feet in depth, being three stories in height. The office adjoining is twenty- four by eighteen feet. The mash-tub, which is located in the second story of the main building is an improved 804 History of Alameda County, California. patent by Andrew Stroebel, one of the proprietors of the brewery. It was built by Leopold Keiffer, an experienced millwright, and is five feet high and twelve feet in diameter, having a capacity of over four thousaiid gallons. In the tub is a patent washing-machine, above which projects a capacious hopper, the whole apparatus hav- ing abrewing capacity of five hundred barrels per day. The kettle receiving the mass has a capacity of seventy barrels, or two thousand one hundred gallons. By means of a powerful beer-pump the brew is forced to the cooler in the third story. The cooler is a zink-lined shallow, open, parallelogram forty by thirty-six feet with a capacity of four thousand five hundred gallons. The tanks used as adjuncts contain from four to five thousand gallons each and the hogsheads in the cellar, eight in num- ber, contain about five hundred gallons each. All these tanks and hogsheads were made by the company's cooper, Julius Lehman. Attached to the running apparatus is a patent heater, patented by Herman Gantert about two months ago, the improv- ment being that cold water may be converted into hot water and steam in one minute and conducted to any portion of the building. The capacity of the brewery at present is twenty-five thousand gallons, or seventy barrels, per day, but this out-put can be easily doubled when occasion demands, and, judging by the popularity which the beer has already attained, this will soon be necessary. Andrew Stroebel, one of the partners, formerly connected with the Fredricksburg Brewery in San Josd, has charge of the brewery proper, and his adaptability for the work he has undertaken is already appar- ent in the superior excellence of the beer he is brewing. The bottling department is in charge of C. Turk, who will receive orders for keg or bottle beer at the general depot on the corner of Fifteenth Street and San Pablo Avenue. Oakland Stockyards. — In 1876, H. M. Ames selected a site on the bay out nearly to West Berkeley as a suitable location for a stockyard and slaughtering-house. He began business there in a small way, expecting the railroad to soon be completed to Berkeley so that he couldhave shipping facilities. But in this" he was disappointed for that year, and after a few months gave it up. During the next year the road was built, and the site chosen by Mr. Ames being considered very eligible was decided upon by others who located there, and the business has grown until now the following named gentlemen are engaged in the slaughtering business at this point: Messrs. Grayson, Harrell & Co., Morris & Crow, Stewart & Co., Avey, and Watkins. Mr. Avey is engaged in the slaughtering of sheep, and Mr. Watkins in the hog butchering business. The first three named firms slaughter about nine hundred animals each, per month. An extensive tripe-works is also located at this point. Stockyards Tannery.— This industry was begun by Messrs. Cook & Corder, at the Oakland Stockyards, in April, 1876. At that time they erected a building one hundred feet square and two stories high. There are twenty vats in use. They also do a large wool-pulling business, their average being about twenty thousand pounds per month. An engine is used for power about the place. Carbon-Bisulphide Works.— This article is more generally known by the name of "squirrel poison," from the fact that it is used very extensively for the purpose of exterminating those pests. It is also used by many vineyardists as a means of stay- Oakland Township — Berkeley. 805 ing the ravages of the phylloxera, though whether or not it has ever accomplished this object is a mooted question, with the most of the argument in favor of the nega- tive. The works were established in November, 1882, by J. H. Wheeler, the present proprietor. Wheelan'S Flour Mills.— These mills are the property of F. H. Wheelan, and are located at West Berkeley. Business was begun in June, 1881.' There are two runs of stones, and machinery for making pearl barley, cracked wheat, oatmeal, cornmeal, and Graham flour. The engine is forty horse-power, and the building is fifty by seventy-five feet, and two stories high. Pioneer Starch Works.— These works are located at West Berkeley, and are owned and conducted by J. Everding & Co. They began the Business in San Francisco in 1854, and moved to West Berkeley in 1855, so the works may well be termed "pioneer." The works are on a small scale. Berkeley Lubricating Oil Works. — This industry was originated by A. C. Deitz & Co., who are the present proprietors. In October, iSSo, operations were begun in a building about half a mile north of Delaware Street, West Berkeley, but a year later the works were destroyed by fire. Nothing daunted by this disaster, the firm at once established their works at the present location in West Berkeley. The building is sixty by one hundred feet, and one story high. There is also a refining- room, about twenty-five by fifty feet, in the rear of th^ main building. While the works are known as a lubricating-oil manufactory, yet refined coal-oil is made here at the rate of fifty barrels per week. The crude petroleum is procured from Ventura County, and refined at the works, where a fine grade of oil is made. The residuum is used for lubricating purposes. There are a number of products resulting from the distillation of petroleum, but coal-oil and lubricating-oil are all that are worked up at this place. Standard Soap Works. — This, the leading industry of this kind, both in Alameda County and on the Pacific Coast, was set on foot in 1875, by R. P. Thomas In that year five acres of ground were secured adjacent to the ferry-landing at West Berkeley, and a main building one hundred and fifty by two hundred and fifty feet, and three stories high, was erected thereon. On the south of this and adjacent to it is an engine-room seventy-five by forty feet, and a box factory of the same dimen- sions. On the north side there are two wings, each fifty by one hundred feet, the westerly one being used for a storage room, and the easterly one for a barn. At the northern extremity of the enclosure is a warehouse, fifty by two hundred feet. In the engine-room there are four boilers, used for generating steam for the engine and for the processes of soap-making where steam can be utilized. The engine used is sixty horse-power. In the box factory there is all the machinery necessary for prosecuting that important branch of the industry, such as rip and cross-cut saws, planers, etc. A great amount of lumber is consumed annually in the manufacture of boxes, for the bulk of the product of these works is boxed before being placed upon the market. On the lower floor of the main building may be seen great quantities of soap in huge blocks ready to be cut up into bars of the proper size. On the second floor this pro- 806 History of Alameda County, Calip^ornia. cess is conducted, also the stamping of the bars. For this purpose on this floor there are three hand-presses, and one run by steam. Here, also, is the machinery for the manufacture of washing-powder, which is very popular, and is packed in ten-pound boxes, and in one-pound packages. Here, also, are the mixing machines; also, lye- tanks and drying-rooms, On the third floor are also a number of lye-tanks. Here are seen the tops of two monster soap kettles, each having a capacity of two hundred thousand pounds. These kettles extend from the third to the first floor, and are about thirty feet in diameter. On this floor is the printing department, where three job- presses and one cylinder press are kept constantly at work. The out-put of the ofiice is one million wrappers per month. The outfit of type is complete, and some excel- lent chromatic work is turned out in their illuminated pamphlet covers and fancy labels. The toilet, castile, and other fancy brands of soap are made, stamped, and packed on this floor. In the toilet soap department four presses are used for stamp- ing the designs upon the bars, different dies being used as required. After the soap is ready for shipment it is stored in the warehouse to await sale. The process of soap- making, while appearing simple, is yet very complicated, not that the various stages of it are hard to comprehend, but that the ultimate result may be perfect requires a thorough knowledge of the business. The ingredients, which, every one knows, are fatty substances, usually tallow, lye, and resin, are mixed in proper proportions in large kettles, and sufficiently cooked. It is then drawn off into a series of frames, and allowed to become solid, when the frames are removed and the soap is then in a block abotit fifteen inches wide, three feet high, and four feet long. These blocks are passed through a frame-work of wires, which cuts the soap into slabs of the required thickness, and they again are cut by a wire contrivance into bars and cakes of requisite length. The cakes are then stamped, wrapped, boxed, and labeled, and placed in the warehouse ready for shipment. For toilet soaps only the purest ingredients are used. After going through the process described above, it is cut into thin shavings and placed on tables to be bleached. It is then crushed and pressed into cakes, stamped, wrapped, and packed in paper boxes ready for the market. For all this there are a number of machines, which' it" is unnecessary to describe in this connection. Castile soap is made by what is known as the cold process; that is, the ingredients are mixed cold, and placed in the frames, and the soap is cooked by the heat generated by chemical action. The lye is' made from caustic soda, which is imported from Liver- pool in sheet-iron casks. The works are located on a tract of five acres. Sixty men are employed in the different departments, and the products of the works amount to one million pounds of soap per month. The railroad runs in front of the works, and a side-track allows cars to be loaded at the door. Shipments for the city are made by the Berkeley ferry-steamer, owned by this company. Wentworth Boot and Shoe Company. — Operations were begun by this com- pany in April, 1879, in the old Cornell Watch Factory building at West Berkeley, which was most excellently adapted for the purposes of a boot and shoe factory. I. M. Wentworth is President of the company; C- L. Field, Secretary; I. M. Wentworth, Superintendent; and W. H. White, General Manager. One hundred and fifty men are employed, and an average of^jforty dozen boots and shoes per day are manufact- Oakland Township — Berkeley. 807 ured. A great amount of the work is done by machinery, which expedites business very much. The machinery is run by steam. On Fell Street, San Francisco, this company has a very large factory, in which two hundred and fifty men are employed. The building at West Berkeley is fifty by two hundred and fifty .feet, and is four stories high. Berkeley "Advocate." — This sprightly suburban journal was established in March, 1877, by the present proprietor, H. N. Marquand. The office outfit comprises a hand-press and job-press, also a full line of body and job type. The circulation of the paper is fully commensurate with the field in which it is located. Shell-Mound Park. — -This park is situated between Emery Station and the Oakland Trotting Park, on the Berkeley Railroad, and is reached every thirty minutes, via Oakland Ferry, from San Francisco. It derives its name from one of the ancient Indian shell-mounds which is still in a fine state of preservation, and rises to a height of sixty feet, its summit being crowned with a dancing-pavilion. The park was first opened as a holiday resort in 1876 by E. Wiard, but in 1880 it was leased for ten years to Capt. Ludwig Siebe, who has made various and extensive improvements within the domain. The park contains two of the largest dancing-pavilions on the Pacific Coast, a race-track for games, with covered seats, accommodating two thousand people; turning apparatus, swings, flying-horses, bowling-alley, a shooting-range, containing four thirty-yard targets, one one hundred-yard target, twelve two hundred- yard targets, and four five hundred-yard targets; fruit and ice-cream stand, and shoot- ing-gallery, and a dining-room, where meals are served to the satisfaction of the public. Oakland Trotting Park. — This track was originally laid out in 1871 by E. Wiard, the present proprietor, and is justly considered among the finest on the Pacific Coast. It is one mile in circumference, being also fitted with all modern and necessary improvements. It contains two hundred box-stalls for horses, and two hundred cattle-stalls, and is situated opposite Shell-Mound Park, on the line of the Central Pacific Railroad, trains passing it every half hour. In 1879 it was here that the famous St. Julian lowered the record of the world, and trotted a mile In two minutes twelve and a quarter seconds. DWIGHT Way Pae:K Nursery. — George R. Bailey, Proprietor. This nursery was first established in East Oakland, in 1868, by its present owner, on one block west of Tubbs' Hotel, on Twelfth, and Third Avenue. Commencing with small beginnings the enterprise grew apace, so much so that in ten years it was necessary to move to more spacious quarters, consequently exchanging the property for that now occupied by him in Berkeley near Dwight's Station, he there established a fine nursery where a specialty is made of the cultivation of California evergreens, and Australian forest- trees, although every kind of tree is sold. Mr. Bailey estimates that he has disposed of fifty thousand forest-trees since removing. TemesCAL. — It was in the vicinity of Temescal that Vicinte Peralta made his ^t)8 History of Alameda County, California. home, and here he Uved a Hfe of ease and plenty. With the settlement of Oakland, its suburbs attracted attention, and to-day Temescal is, to all intents and purposes, a portion of that city, though just without the incorporated limits. It possesses some fine brick buildings, and in its neighborhood are many of the handsomest country seats in the district. Here is the famous fruit-canning establishment of J. Lusk & Co. St. Lawrence Parochial School. — This is a Roman Catholic school intended principally for the Catholic girls of the parish, and in it, along with various other branches of learning, the pupils are instructed also in the Christian doctrine accord- ing to the teachings of the Roman Catholic Church. The school is taught by the Sisters of the Holy Names of Jesus and Mary, and superintended by the rector of the parish. Pupils of other denominations are also received, but are not obliged to recite Catholic prayers, nor learn Catholic doctrine, unless they choose to do so, and with the express consent of their parents. The various branches of a common Eng- lish education, as also plain sewing, are taught free of charge; instrumental music and foreign languages are extra. Silver Star Lodge, No. 2, Degree of Honor, A. O. U. W. — Was insti- tuted March 7, 1877, with seventeen charter members, and the following officers: Mrs. A. E. Pinkham, P. W. S. of H.; Mrs. Ida Stricklin, W. S. of H.; Mrs. F. A. Morrill, S. of H.; Mrs. Emma Young, Sec. The Past Worthy Sisters of Honor have been: Mesdames Pinkham, Ida Stricklin, F. A. Morrill, Lillie Lewis, F. W. Billington, Nellie G. Babcock, M. M. Nixon. Meets on the third Thursday of each month, the number of members on the roll being twenty. The office-bearers for the current term are: Mrs. N. G. Babcock, W. S. of H.; Mrs. Lucky Pike, S. of H.; Mrs. C. Young, S. of C; Mrs. H. Jones, Sec; Mrs. F. A. Morrill, Treas.; Mrs. Hattie E. Harrison, S. U. North Temescal Temple Lodge, No. ii, A. O. U. W. — This lodge was instituted December 4, 1877, with the following charter members: H. C. Babcock, R. K. Latimer, E. Caruthers, P. Shuttzheis, T. W. Hargreaves, H. M. Whaley, J. H. Rickard, C. F. Lewis, J. Collard, T. F. Bacon, J. M. Fowler, T. Pollard, C. M. Young, H. H. Linderman, S. M. Harrison, G. T. Pinkham, C. R. Norri.s, J. E. Stricklin, P. F. La Prince, A. McAdams, R. B. Nixon, S. F. Morrill, M. H. Weed, C. A. Stearnes, G. K. Scott, M. J. Morse; the original officers being: C. F. Lewis, P. M. W.; R. B. Nixon M. W.; R. K. Latimer, O.; C. M. Young, Gen. For.; E. Caruthers, 'Reed r. ; H. c' Babcock, Fin.; S. F. Morrill, Rec; F. J. Morse, G. The Past Masters have been: C^ F. Lewis, R. B. Nixon, G W. Beagle, H. C. Babcock, S. F. Morrill, M. J. Morse, C M Young, W. H. Eadon, O. R. Morgan, S. N. Harrison. The lodge, which meets every Monday evening, has a membership of forty-seven, with the follo.wing officers for the current year: C. Stearnes, M. W.; B. Kneale, F.; T. Pollard, O.; H. R Jones, Recdr ■ H. C. Babcock, Fin.; J. Beaudette, Recr.; J, Seidess, G. Temescal Grange, No. 35, P. of H.— Was organized July i, 1873 with the following officers: A. T. Dewey, M.; C. Bagge, O.; J. S. Collins, Sec. The grange has now forty-one members on its muster-roll with the officers for the current year as Oakland Township — Berkeley. 809 under: Walter Renwick, M.; C. Bagge, O.; Ed. Wallet, S.; W. G. Klee, A. S.; Mrs. S. H. Webster, Lect.; Mrs. S. H. Dewey, Chap.; L. Frink, Treas.; Mrs. N. G. Babcock, Sec; Mrs. Emily Bagge, Ceres; Mrs. Eliza Brooks, Pomona; Miss Ida Bagge, Flora; Mrs. M. A. Renwick, L. A. Steward. Golden State Council, No. 40., O. C. F.— Was organized August 4, 1881, with thirty-six charter members and the following officers: E. J. Sayer, C. C; A. S. Sayer, V. C; H. Vandre, P. C. C; H. B. Jones, Fin.; A. Pease, Recdr.; L. Lusk, Treas. The membership numbers forty-six and, the present officers are: L. P. Lusk C. C; H. B. Jones, V. C; Mrs. Hanifin, Fin. and Treas.; E. J. Sayer, Sec. Claremont Council, No. 74, I. O. C. F.— Was instituted April 29, 1882, with twenty-two charter members, and the following officers: Warren Heaton, P. C. C; A. D. Colby, C. C; S. N. Harrison, V. C; Nellie G. Babcock, Sec; B. Kneale, Fin.; F. E. Mitchell, Treas.; J. F. Reinhardt, Prelate; Emma D. Stearnes, Mar.; E. R. Healy, War.; J. Beaudette, G.; F. Kelsey, Sen. The Past Chief Councillors have been, Warren Heaton and A. D. Colby. The lodge now numbers thirty-eight mem- bers on its roll, who meet every Thursday evening, with the present officers, viz.: S. N. Harrison, C. C; F. E. Mitchell, V. C; Mrs. N. G. Babcock, Sec; Lizzie E. H. Beebe, Fin.; Robert J. Beebe, Treas.; Mrs. F. A. Morrill, Prel.; Mrs. F. W. Billington, Mar.; Mrs. M. L. Mitchell, War.; Martha M. Nixon, G.; W. Heaton, Sen. Piedmont. — This place vicariously known as Piedmont Park or Piedmont Springs is situated in the foothills about three miles distant from the City Hall in Oakland. It occupies a plateau about three hundred feet above the bay and com- mands varied scenery of the utmost beauty. The Piedmont Land Company have laid out several hundred acres with such artistic regard to the topography of the ground that when all improvements are effected it will be one of the most delightful resorts in the neighborhood of Oakland. There is a fine hotel on the place, and several magnificent mansions adjacent to, the most notable of these being perhaps that of I. L. Requa. S2 810 History of Alameda County, California. WASHINGTON TOWNSHIP. GEOGRAPHY. — Washington Township is bounded on the north by Eden and Murray Townships; on the west by Murray Township; on the south by Santa Clara County; and on the east by the San Francisco Bay. Topography. — Like Eden Township the topography of Washington comprises a level valley backed by mountains. The area is about sixty-eight thousand acres, and with the single exception of Murray is the largest of Alameda's townships, its proportion of cultivable to mountainous land being also the greatest. On the shores of the bay there are salt-marshes, backed by the fruitful valley lands, broader here than anywhere, retreating gracefully, with many a soft undulation until culminating in Mission Peak two thousand two hundred and seventy-five feet above the level of the sea, the highest point of the Contra Costa Range. Valleys. — The Alameda Canon is the only valley in the township, although there may be several other gorges in the foot-hills that could hardly be dignified by such a name. Up the steep ascent of the Alameda Canon the Central (formerly Western) Pacific Railroad winds its tortuous way, passing through scenery than which there is none more romantic in the State, and finally arrives on the level plain of the Liver- more Valley at Pleasanton. On either side the way is lined with high precipitous rocks several feet in the sheer, while at their base rushes the purling, prattling brook from whence the canon takes its name. Streams. — Chief among the flowing water-ways of the county is the Alameda Creek, from which it takes its name. Having its source in the lagoons of Sufiol and Livermore Valleys, and fed by mountain brooks on every hand, it wends its turbulent way through the romantic canon to which it gives its name, and after becoming a peaceful sleepy stream as it feeds the fertile acres through which it meanders until it is claimed by the larger volume of the bay of San Francisco, where it becomes known as the Union City Slough. The coast line of the township is indented, however, with several of these estuaries, that may be described as Coyote Hill Slough, on which is Alviso's Landing; Beard's Slough, with Mayhew's Landing; Mowry's Slough with the landing of the veteran pioneer of that name; a little distance north is Green Point, or Dumbarton Landing, the next to it being the Warm Springs Landing. There are a few small mountain srreams, such as the Sanjon de los Alisis, the Segunda, or Dry, Creek, the Mission Creek, the Agua Caliente, the Agua Fria, the Calaveras and Lone Tree Creek. Climate. — Generally the climate of Washington Township resembles that of Eden, but in the vicinity of Mission San Jos^ have we the finest on the whole eastern side of the bay of San Francisco. It would be hard to find any spot in the world more favored, while it is within the influence of a warm belt where damaging frosts Washington Township. 811 are unknown, and the extent of which is about two miles in width and nearly twelve in length. This belt commences usually at an altitude of about four hundred feet* above the level of the valley and extends sometimes to a considerably higher elevation. It is so distinctly defined that residents of the higher lands, in riding up from the valley, in the night-time, when the air is still, can tell within a few rods where they will enter the warmer currents. This immunity from frosts makes some species of tropical fruits produce well, such as the orange, lemon, citron, palm, prickly pear, etc., and here does the grape attain the highest perfection, while nowhere else in California does the "good red wine" obtain so truly rosy a tint. Soil. — For the most part the soil is similar to that of the other townships bor- dering on the bay, that in the vicinity of Mission San Josd being adobe of about four feet in thickness, resting upon a gravelly stratum similar to the bed of a stream composed of sand and gravel, which induces to a perfect natural drainage, a fact that renders it so eminently suited to the culture of the vine and fruits generally. Products. — The good Fathers who founded the Mission San Jose were the first testers of the soil of Washington Township, their prime efforts being in orchards and vineyards. From the days that immediately succeeded the flotid we have accounts of vine- yards and wine-using. In the book of Genesis 9:20 we read: "And Noah began to be a husbandman, and planted a vineyard, and drank of the wine." It is reasonable to suppose that if Noah knew how to manufacture wine after the flood, he also knew how to do it before that event occurred, and so did his fathers before him. To make and drink some kind of fermented and intoxicating beverage seems to be the common impulse of humanity, wheresoever dispersed around the globe. No nation was ever yet so highly civilized that it outgrew that taste, and no tribe is so primitive but that it has attained it. Almost everything that grows has been brought into requisition for the manufacture of spirits. Grapes make wine and brandy; wheat, barley, rye, and maize produce whisky; sugar-cane, rum; apples, cider; palm-trees, atole; cacti, aguadienti; barley and hops, beer and ale; the leaves and bark of the spruce-tree are often brought into requisition for the same purpose; and then there is blackberry, raspberry, elderberry, currant, rhubarb and et id genus omne kinds of wine. Whether or not this natural desire for these beverages is one of the taints that came upon the race through Adam, is not our province here to speculate. In all things we must deal • with mankind as we find it, letting the mooted question stand aside for the consid- eration of others. It is the abase of the good things of life that has led the human family into dis- aster, and not the use of them. The intemperate use, which is the vilest of abuse of our greatest blessings, entails the greatest woes upon us. Both sacred and profane history is full of references to both the good and bad results which flow from the use of wine. Babylon, the Mighty City, fell into the hands of the enemy while the king and chief officers were in a drunken revel. " Wine is a mocker and whosoever is deceived thereby is not wise." " Look not upon the wine when it is red, when it giv- *The Mission San Jos6 is 450 feet higher than the bay of San Francisco. 812 History of Alameda County, California. eth its color in the cup; for at last it biteth like a serpent and stingeth like an adder.' " Who hath woe ? Who hath contentions ? Who hath wounds without a cause ? They that tarry long at the wine; they that go to seek mixed wine." Such and kin- dred passages can be found in the Bible; yet, when the Divine Master, Jesus, came into the world, his very first miracle was to make wine at the marriage feast in Cana of Galilea. And Paul, the great expounder of Christ's teachings, tells Timothy to take a little wine for his stomach's sake. The moral phases which this question of wine-making presents, are of the great- est importance, and deserve to be considered first of all. " What shall it profit a man if he gain the whole world and lose his own soul ? " is a very pertinent question just at this point. Of what avail if the coffers of the world are emptied into Alameda County, if the succeeding generations grow up to be a race of drunkards ? Then comes at once the question, " Is there any danger of such being the case ? " To this question we can give no answer, nor anyone of to-day. Only time can demonstrate what the ultimate effect will be on generations yet unborn. For parallels, however, we can go to the wine-producing countries of Europe, where more than ten genera- tions have passed by since the advent of wine-making as an industry, and see what the effect has been there. T. Hart Hyatt, author of a volume entitled " Grape Cult- ure," and a man of vast experience and extsnded observation, having traveled all over the world almost, says in the introduction to his able work: — " To the question, ' Does the production and use of wine necessarily tend to induce or encourage intemperance ? ' we answer most emphatically and understand- ingly. No! In all our experience and observation in the wine districts of Europe, and among all classes of Europeans where cheap, pure wines were abundant and the common beverage of the people, we remarked it then, and have reflected upon it since, and all these observations and reflections have left upon our mind the full and clear impres- sion and belief, that there was far less intemperance among the people of those vine- growing and wine-making countries than in our own where all kinds of foul, poisoned^ adulterated stuff, under the name of whisky, brandy, rum, gin, etc., is drunk by our people for the want of a purer, more nourishing, and harmless beverage, like that of the pure juice of the grape, now made by all honest viniculturalists in our own coun- j-jy * * * jj^ Spain, where pure, cheap wines ' are almost as commonly used as water, we do not recollect to have scarcely ever met with an intoxicated man. "Pure cheap wines are, in our opinion, better temperance missionaries, and will do more to expel from our midst the accursed fire-water that has done so much to demoralize and debase its victims in our land, than can all the overzealous crusades against wine-growing and wine-drinking that are set forth by our temperance organi- zations, no doubt from good but mistaken motives of philanthropy. "It is contended by some that the taste for wine produces a taste for other and stronger kinds of ardent spirits. We do not believe it; it is against our own observa- tion and experience. It might as well be said that the babe should not imbibe the milk frorh its mother's breast, for fear it would give it a hankering after milk punch! For there is quite as much similarity or affinity between these two beverages as between the pure juice of the grape that cheers, enlivens, strengthens, and makes healthy its recipients, and the vile, drugged, poisoned liquors which make their vic- tims mad, drunk, and their 'steps to take hold on hell.'" Washington Township. 813 We would state in this connection that the above testimony is corroborated by all who have traveled in those countries; and also another fact which we have observed in our visits among the citizens of Alameda County who are engaged in the industry of wine-making, namely, the charge of being a drunkard cannot be laid at the door of one of them. They drink wine as a beverage in its fullest sense, and it is used in most of their families, yet not one of them has developed into a confirmed drunkard, nor do they show any tendencies in that direction. Surely the intelligence, good sense, and due regard for their own and their families' welfare will keep the citi- zens of this fair valley from degenerating into drunkards — nor will' their children's children. No fears need be entertained upon that score. In considering the subject of viniculture, it will not be without interest to our readers to give a cursory glance at the general history and condition of the industry in the State of California. ' The first permanent settlers who came to California from civilized countries Were the Jesuit Fathers, ox padres. They came mostly from Spain, a great grape-growing and wine-making country, and nothing was more natural than for them to bring with them this favorite fruit, also the source from which came their favorite beverage, and engraft it into the California soil. Hence the term " Mission" as applied to the black common grape found growing in the vineyards of California when the Americans first came to the country. 'Y\\ssz o\A padres located upon the very cream of the land, selected the most favored spots, both as to soil and water for the missions. Here they planted the grapevines they had borne over so many leagues of water and barren wastes, and in a short time the fruit of the vine, both as grapes and wine, became quite common. As a matter of interest we will describe the method of grape-culture and wine- making in those primeval days. A choice spot of rich ground was selected, which could also be easily irrigated, for they had no idea that anything could bs produced without the free use of water. The usual method of plowing. of those days was pur- sued, and the ground having been thus rudely upturned and afterwards harrowed with the branch of a tree, the vines were then planted, and the water turned on. They grew rapidly and strongly, and in the course of about three years began to bear quite thriftily. As in the days of Solomon so then, they literally trod the wine-press. The grapes were put into troughs made for the purpose, and the Indians then trod upon them with their bare feet until the whole mass was a pomace. This was then removed and placed in cow-skins, so suspended that they would retain the greatest possible amount of it. These were their fermenting-tanks, and here the pomace remained during that process. When this was accomplished a hole was cut in the skin, and they drew the wine off and put it into casks to await further processes. /\.nd that is the way they made what they called wine in those days. It was sour, unpalatable, and dreggy stuff, yet it answered the purpose, and was relished by those accustomed to its use from youth to old age. In these days of advancement, when the soils best adapted to the growth of the grape is sought out, when the ground is as thoroughly tilled as it is possible to have jt, when the crushing is done by steam-power with a patented machine, when the process of fermentation is conducted in pure, sweet casks holding hundreds of gallons, when the entire process of wine- making is conducted in the best light of the age, we who live now look back upon 814 History of Alameda County, California. the primitive wine-makers of our State with feehngs almost akin to pity, thinking how great the opportunity and how meagerly it was embraced. When the first Americans came to the country they followed much in the steps of the Spaniards in regard to wine-making. It was something entirely new to them, and they had no information on the subject at all. Rich lands were sought in which to plant the vines, and much water was applied to make them grow. The Mission variety, with its large seeds and but little juice or pulp, was still in vogue. Finally, in 1856, a new era in wine-making in California began to dawn. All the old settlers will remember Col. Agoston Haraszthy, the founder of the Buena Vista vineyard in Sonoma County. He was a Hungarian noble, of court lineage, who was expatriated for taking a prominent part in a political crisis in his native land. After residing in Wisconsin for a while, he came to California in 1849, and to Sonoma County in 1856, and from that time on he devoted his entire attention to the advancement of the wine and vine interests of his adopted State. Up to that time there were no foreign vines in California. He founded a horticultural society, and began the importation of for- eign varieties at once. He believed that vines would thrive without irrigation, and carried out his faith by planting a large vineyard. He thus at once put himself at the head of the wine industry in California, and may with propriety be denominated the father of viniculture in this State. It will probably always remain a mooted question as to who brought the first foreign varieties of vines into California. It is known that a Mr. Stock of San ]os6 had several varieties growing on his place as early as 1858 or 1859, which he had received from his father who resided in Germany. In 1861 Doctor Crane of St. Helena purchased cuttings from the Stock vineyard at the rate of forty dollars per thou-sand. There was'one variety which had no label, and Mr. Stock sold the cuttings at half-price, and they proved to be the now celebrated Riesling. In 1861 Colonel Haraszthy was appointed by the Governor of the State as a Commissioner to visit the wine-growing countries of Europe, in the interests of that industry of California. The result of this visit to the old countries, was the importa- tion of some three hundred different varieties of vines, many of which are yet great favorites with the vineyardists of the State, and from which are made the most valu- able wines now produced. Upon the return of Colonel Haraszthy from Europe, in 1862, he was chosen President of the State Agricultural Society. In 1863 he orga- nized the Buena Vista Vinicultural Society, to which he conveyed his four hundred acres of land in Sonoma. About this time, he wrote a treatise on the culture of the vine and the manufac- ture of wine, which was published by the State for gratuitous distribution. This pub- lication, thus generally circulated, called the attention, not only of the citizens of the State, but the people of the world to California, as a wine-producing country, and gave to that interest its first impulse. He had now given the matter a thorough test, and had proved beyond a doubt that wine-making could and would be made a success, and had demonstrated that he knew more than any other citizen of the county about the subject, and took more interest in it than any one. In the winter of 1858, Colonel Haraszthy planted about eighty thousand vines in a high tract of land east of the town of Sonoma, since known as Buena Vista Vine- Washington Township. 815 yard, and the growth and progress of this venture were very closely watched by all interested in viniculture. The experiment succeeded beyond the most sanguine expectations of all, and was the beginning of a new epoch in the culture of grapes in California. Some idea of the immense progress of this industry may be had, when it is stated that in 1 866 the estimated wine product of the whole State was only two mil- lion gallons, while at the present time it is estimated that there are twenty million acres of grape lands in the State, which if producing the maximum amount would yield annually twenty billion gallons. That this yield will never be reached is doubt- less true, but it will be very great indeed. The cultivation of the grape in Washington Township is coeval with the Spanish settlement of the district. The first foreigners to embark upon it were Messrs. Beard, Ellsworth, and Palmer. It is said that in 1852, Mr. Palmer purchased the Peak vineyard and commenced with ten thousand vines, from cuttings received from France, Spain, etc., but his vines increased so rapidly, that in 1874 he had one hundred and forty thousand vines in all and only ten thousand of the Mission variety.' Indeed, it may be said that every inch of ground lying between Niles and the Santa Clara County line, along the foot-hills, is suited for the cultivation of the vine. At Mission San Jos^ is the most marvelous vineyard in the State. Upon acquir- ing the old Beard homestead, Sefior Juan Gallegos at once set to work to beautify the locality. What was already a garden he has turned into a paradise, while he has planted a vineyard covering no less an area than five hundred acres. As one stands on the heights, and looks down the ' gentle slope towards Washington Corners, one sees what a five hundred acre vineyard means. It means that an amourtt of land equal to what would make two good sized farms in the Eastern States is here devoted to one especial staple: it means that it requires a princely fortune to keep these grounds in order, and that it needs vast wealth to be able to wait until the vines begin to yield. The day is not far distant when this vineyard will be among the greatest of California's wonders, a«d will attract the attention of the vine-growers of Europe more than any other has yet done. Grain is grown generally all over the township, the uplands being the principal locality for wheat and the lower lying grounds devoted to barley, oats, etc. Corn and hops are also grown to a considerable extent, while sugar-beets, onions, and potatoes produce ^ood crops, indeed, some of the potato stories almost equal the proverbial "fish yarns." Messrs. Beard and Horner, after their purchase of the Alvarado ranch, entered largely into the cultivation of tubers, which subsequently became a drug upon the market. It is said that potatoes weighing from three to five pounds each, were by no means uncommon, while Doctor Willey tells in The Pacific, that on one occasion, in 1852, at Mr. Beard's, he aided at the sacrifice of one weighing four pounds, which served as a meal for nine persons at the table and three to follow. In that year his yield of potatoes was sixty thousand bushels, averaging, for the most part, three hun- dred and thirty bushels to the acre. In the year 1852 Mr. Beard had six hundred and forty acres of grain that yielded on the average, fifty-six bushels to the acre. The neighborhood of Warm Springs is favorable to the growth of early fruits and 816 History of Alameda County. California. vegetables, while the grain crop in this portion of the township is yearly improving. In the mountains to the back of Warm Springs and the Mission, the country is very rough and is a good deal used for sheep pasture, and several persons about the mis- sion are extensively engaged in sheep-raising. Washington figures conspicuously in the nursery business also, while its salt lands and beet-sugar manufactory need not receive more than a passing mention here. Indeed, the products of Washington Township may be put down as follows: ist. Agri- cultural; 2d, Horticultural; 3d, stock-raising; 4th, sheep-raising; 5th, salt-making; 6th, manufacturing; 7th, wine-making; 8th, storing and forwarding; 9th, mercantile; loth, fruit-preserving. Mexican Grants. — The following are the original Mexican grants in Washing- ton Township. On October 13, 1836, the Rancho del Agua Caliente of two leagues was granted to Antonio Sunol, and by him transferred to Fulgencio Higuerra. The Rancho Arroyo del Alameda was granted by Governor Juan B. Alvarado to ]os6 Jesus Vallejo: Before this that gentleman had obtained a grant of one thousand varas square. In 1842 Augustin Alviso, who had been a mayor-domo at the mission, set- tled upon the Rancho Potrero de los Cerritos, and in conjunction with Tomas Pacheco, obtained the above grant consisting of three square leagues. The last grant in the county was made in 1846, of thirty thousand acres of the mission lands to Alvarado and Pico; but this grant was rejected and in December, 1867, United States patents were issued to a large number of men who had settled upon it. Early Settlement. — Washington Township was the earliest settled portion of what is now Alameda County, and for which we may ascribe two reasons : first, its proximity to the Pueblo de San Josd, whither all foreigners found their way on first coming to the central portion of California, and, second, its nearness to the Mission of San Jos4 surrounding which there were leagues of well-watered lands. The first actual settlers were the priests of the JVlission and their followers who held sway over the district extending far into what is Murray Township, and as far as San Leandro. Then came the- Mexicans who afterwards received the grants, for it was their custom to occupy the lands they had afterwards conceded to them long ere application had been made therefor. The Higuerra family had settled on the Warm Spring Ranch, on what is now the property of Henry Curtner; they built their adobe, which at the time of the American occupation was occupied by Valentine Higuerra, while Fulgencio Higuerra dwelt in another adobe residence, now occupied by his son, Salvio, about a mile to the northward of the store of George W. Peacock. In the original instance there were two buildings at this point, but one of them succumbed to the earthquake of October 21, 1868. By this time Augustin Alviso had successfully grown quantities of grain, which he disposed of to the Russians at Fort Ross and Bodega, upon his ranch near Centreville, while Don Jesus Vallejo had his mansion, which still stands, in Mission San Jos^ at the corner of the road to Washington Corners. These men were all wealthy, counting their cattle by thousands and their lands by leagues. With the j'ear 1846 came the famous ship Brooklyn with her passengers who Washington Township. 817 formed the earliest permanent settlers of the State. The fair, fertile lands of Wash- ington Township soon attracted their attention, and on the gentle slopes not far from the base of the Contra Costa Range did John M. Horner pitch his tent and there resided until his death. When he took up his residence near what is now known as Washington Corners there was not a single American resident between the Mission and the Contra Costa County line, while there were not five men of the Anglo-Saxon race to the north of the bay of San Francisco. In 1847 Perry Morrison cast his lot in the township, and that same spring Earl Marshall, who too had come out in the Brooklyn, arrived at the Mission and embarked in the dairying business. Then came the year of '48 and the discovery of gold, but no/ie settled here then, the mines were too attractive for people to settle down to the humdrum life of farmers; but, in 1849, came the late E. L. Beard, who needs something more than a passing notice at our hands. Mr. Beard was born in the town of Lyons, New York, on October 15, 1816. In 1830 he went to Michigan, Jackson County, along with his father. The following year he went to Peru, Indiana, and in 1836 settled in Lafayette of the same State, where he remained till he started for California in 1849. He came to this State through Mexico, and located at the Mission San Jos^, where he maintained his resi- dence up till the time of his death on May 8, 1880. His successes and disappoint- ments in California are known to most of our readers and do not need recapitulation. That a man of his noble impulses should pass his declining days in disappointments, the chagrin of hopes unrealized, and the culmination of business reverses, hardly seems compatible with our ideas of the rewards due him who had always a word of cheer for the down-hearted, whose sympathies were always for the oppressed, and to whom no human being in need ever applied in vain. His taste is still to be seen in the beautiful surroundings of Mr. Gallegos fine mansion, in the garden of which are orange-trees planted by Mr. Beard full twenty years ago. In the year 1850 came Henry C. Smith to the Mission San Josd, after having shared in the fortunes of Fremont's California Battalion. To this gentleman, more, possibly than to any other, is due the shaping out of Alameda County in 1853. He was appointed by General-Governor Riley an alcalde at a very early date. In July 1850 Mr. Beard was joined by his family,' among whom were his son John L. Beard and his step-son H. G. Ellsworth. In a conversation with the latter gentleman he informed us that in 1849, E. L. Beard had opened a store at the Mission, while H. C. Smith, Jeremiah Fallon, Michael Murray, and William Norris were resi- dents there. Mr. Ellsworth also says that in 1850 there wasfa mill at Niles, run by water-power, but a very crude affair, owned by Don J. J. de Vallejo, but this was not the first in the township, the Fathers had had a primitive concern, and he and his step-father erected a better and more costly, though a small one, shortly after his arrival. In the year 1850 William Tyson settled in the vicinity of the Mission, and Origin Mowry located on the place where he now resides, known as Mowry's Landing. In this year, too, Ephraim Dyer took up his ;iresidence in the district, but he has since permanently located in Murray Township. Ed. Niehaus who came to the township on December 24, 1850, informs us that on his arrival with L. P. Gates, they found John M. Horner living about a mile' below the Mission on what 818 History of Alameda County, California. was known as Honda grant, the house being now owned by Jacob Salz, a tanner of Stockton. Don Jesus Vallejo resided in the Mission; E. L. Beard, within the Church property there; Mr. Coombs, a lawyer, dwelt on the place now occupied by James Emmerson; John Niel lived on the Mission grant, where Mr. Overacker now is; Joe Nicholls, where he does now; William Tyson, Perry Morrison, and William Morrison resided together, the estate being now divided between Mr. Tyson's widow and the children of Perry Morrison, the share of his brother William having been purchased by the two others, while he took up his residence in the vicinity of Alvarado, subse- quently proceeding to San Jose. Earl Marshall and Simeon Stivers also resided on the Tyson estate. Charles Hanyon lived next to Mr. Coombs, on the farm now occu- pied by T. Chadbourne, while Henry C. Smith resided on the hillside on what is now the Taylor ranch, about a mile from the Mission on the Niles road of tO'day. Nie- haus and Gates themselves located on the Stubbe place. At this time there was a store in the Mission kept by W. H. Chamberlain, while in this year a hotel was opened by James Hawley, who now resides near Alvarado. On July I, 1851, William M. Liston came to the township and took charge of two warehouses that had been erected at Alvarado by Henry C. Smith. At this date there were but two dwelling-houses in Alvarado, one of which had a small store kept in it. The third house was erected by Mr. Liston himself, and still stands on the thoroughfare known as Maiden's Lane. In Union City there were three families liv- ing, viz.: Dr. Buckland, who had charge of a warehouse belonging to John M. Horner; Captain Richardson and Captain Nowell, who commanded a couple of small craft plying on the bay and had their residences there, besides these a man named John Wilson lived on Alameda Creek not far from the town. Among the names of those who came to locate in the year 185 1, we have been able to gather the following: M. Sigrist, John J. Riser, George W. Patterson, George W. Bond, Capt. Stephen Larkin, Joshua Wauhab, Lewis Cass Smith, Christian P. Hanson, Henry Smith, Calvin Valpey, and of course many more whose names we have failed to hear. In the fall of the year 185 1, John M. Horner purchased the steamer Union which had been brought in sections from the Eastern States, constructed in San Francisco, and put her upon the route between that city and Union City, and placing her under the command of Captain Marston, that gentlemen took up his residence in the town- ship. In this year Beard and Horner bought the Alvarado Rancho and. commenced the cultivation of potatoes. The part they inclosed was that now owned by the Haleys. In the following year their crop averaged two hundred sacks to the acre, and sold for upwards of one hundred thousand dollars. The following year everybody cultivated them, and there was a plethora. Messrs. Beard and Horner made contracts for the disposal of theirs in advance; they sold them for two and two and a half cent's per pound, to the San Francisco commission merchants — Brigham, Garrison, and others. Garrison took a million pounds of them; they were never removed and were allowed to rot on the ground, in consequence of the low price caused by the great abundance of the crop. The firm of Saunders & Co. purchased a large quantity of them, which they stowed away in a hulk in the bay. The warm weather coming on, they com- menced growing and threatened to burst the vessel open, when the owners ordered Washington Township. 819 them to be removed. They commenced casting them into the bay at San Francisco, but the Harbor Master interfered and stopped it, necessitating the expense of removal to some other locality. Among the gentlemen with whom we have conversed, who cast their lot in Wash- ington Township in the year 1852, is Emery Munyan. When he arrived on July 7th> he found a small warehouse, and the dwelling-house at Mowry's Landing, and H. K. W. Clarke, resided in the ranch-house, now occupied by George Wagner, while near to it was a man named Tompkins. In November 1852 Isaac M. Long built a house where Mr. Thompson now resides, below the village of Newark, which is known as the Dairy Ranch; while about the same time Richard Threlfall took up land in the vicin- ity. Among others who settled in the township in the year 1852, we have the names of Nathaniel L. Babb, Howard Overacker, Garrett S. Norris, William H. Cockefair, Edward Ross, Henry Curtner, Daniel M. Sanborn, John T. Stevenson, E. S. Allen» Joseph Ralph, James Beazell, Joel Russell, C. J. Stevens, George Simpson, Victor W. Nuttman, Thomas W. Millard, William Barry, George M. Walters. In the spring of 1852, Henry C. Smith and A. M. Church started a store in the warehouse where now is the estabhshment of M. J. Peach, while the town of Alvarado had an accession to its strength by the arrival of W. Param and family, Edward Chin- nery and his wife, and not long afterward Mr. Church's family came, as did' also a Mr. Hayes and his wife. In the fall of the year Peter J. Campbell settled between Cen- treville and Alvarado as did also the Ralph family on the place now occupied by the widow. In this year Captain Bond put up a blacksmith shop on the present site of Centreville. At the date of which we write, the agricultural products of California were not as celebrated in the Eastern States as they have since become; but in 1853 some samples of the production of Washington soil, grown on the site of Odd Fellows Hall at the Corners, were sent to the World's Fair at New York. The San Fran- cisco Whig and Advertiser of July i, 1853, had the following: "Berford & Co. will carry by their express to-day several cases, hermetically sealed, containing samples of California grain, among which are oat-stalks ten feet three inches in height, with heads from twenty-two to twenty-eight inches in length; also wheat, product of a single grain, containing seventy spears, inclosing four thousand two hundred grains." These remarkable specimens were the gift of Mr. Sim, a very early settler of the township. The following are among the settlers in the township during the year 1853: Frank Frietes, Hermann Eggers, John C. Whipple, Joseph F. Black, John McRae, Jarel T. Walker, Luther E. Osgood, John Blacow, Farley B. Granger, John Proctor, James Emmerson, Ebenezer Healey, Edward F. Burdick. J. W. Musser, who came to the Mission San Jose in this year, says that even at that late date the Mission buildings were in their pristine state, while in the village that had sprung up around it there was but one frame building, and which still stands next south to the store of Erhman & Lebrecht. Among the names of residents which he recollects are those of E. L. Beard, Augustus Johnson, David Howard, Adolf Sellman, Clemente Columbet, who had a vineyard, and W. H. Chamberlain, who kept the store. In 1854 he dis- posed of it to J. W. Chamberlain, and in 1856 the business was purchased and became Musser & McClure, who sold in 1866 to Bachman & Erhman. 820 History of Alameda County, California. In the year 1854 Mr. Beard sent to the Eastern States for a large number of fruit-trees, such as apples, but they, for some unexplained reason, failed when planted. In this year the first hotel in Centreville was built by William Morgan, on the site now occupied by the Gregory House; while a man named Day settled on the Bain place, the property being previously occupied by renters. On May 18, 1854, Ezra Decoto took up his residence in the township where he now resides. At this time, between Decoto and Niles, Antone Joseph was living where he does now; Hank Smith dwelt near Dry Creek, and John Hanna, agent for the Clarke Ranch, had the land now owned by John Whipple. Between Decoto and Haywards there were only a few houses, among the residents being Sanford Taylor and F. W. Meyer. Among the settlers in the year 1854, there are the names of Elijah Foster, August May, August Heyer, Michael H. Ryan, John Taylor, Henry Dusterberry, William Wales, Z. D. Cheney, Silvester P. Harvey, Andrew J. McLeod, William H. Mack. After the year 1854 the settlement of the township was general, while the people took up their positions as well-to-do, hard-working farmers. We will therefore wind up the general history of the township by producing such names as we have been able to gather, and the years of their casting their lot in Washington: — 1855.— Philip Thorn, William H. Healey. 1856. Healey, Edward Mur- phy, Henry F. Nebas, James Shinn, James A. Brewer, A. B. Montross. 1857. — E. H. Dyer, Howard S. Jarvis, Walter Baker, George W. Babcock, James Sinclair, Samuel K. Brown. 1858. — Antonio Bardellini, Maas Lueders, William Gibbons. 1859. — David H. Beck, James J. Stokes, i860. — J. C. Haley, E. A. Richmond, Nicholas Bergmann, Adolphus Decoto, John Decoto, Jacob F. Meyers. 1861. — Israel Horton 1862.— Ivan J. Tifoche. 1863.— J. A. Bilz, Alson S. Clark, B. D. T. Clough, Solomon Erhman. 1864.— W. P. Abbey, A. A. Overacker, Michael Ryan. 1865. — M. W. Dixon, F. C. Jarvis, Hugh Doherty, Peter McKeany. Other sections of California, particularly the southern counties, have been admired and lauded for the productiveness of their soil and the salubrity and pleas- antness of their climate; but no county can surpass Alameda either in health, pleasure, or profit, when a permanent family residence is sought. The Alameda County Inde- pendent, a newspaper published at Washington Corners, on June 5, 1875, says: "Last week we paid a visit to the hospitable home of one of the old settlers of our county, to wit, William Whidden, Esq., who owns two hundred and fifty acres near Alvarado. The ground in that district is subject to overflow every winter, the effect of which is greatly to enrich the soil and preserve its fruitfulness. Land that has been tilled every year for twenty years is just as productive now as it was two decades since. That is the case with this farm. Last year fifteen thousand bushels of onions and three thousand sacks of beans were raised on it, the sacks averaging about sixty-five pounds, while the onions were so prolific that one single acre produced six hundred bushels. Carrots to the amount of nearly six hundred tons, eight hundred sacks of barley, two hundred and fifty sacks of potatoes, about fifty tons of squashes, and fifty sacks of corn were also produced. Two years before, twenty-seven acres of barley brought one thousand seven hundred and fourteen dollars cash, at home. Onions are sold at from one to five cents per pound. Of fruit-trees there are not less than five hundred, consisting of apples, pears, plums, cherries, crab-apples, quince and peaches. Washington Township. 821 The varieties of berries cultivated are blackberry, raspberry, and strawberry, chiefly for home consumption; and four acres of cherry currants, yielding three or four tons to the acre. The price of these runs from six cents, early in the .season, down to two cents per pound at last. "The live-stock keep pace with the other products in quality if not in quantity. There are nine families of tenants on the place, and sixty to seventy workmen employed. The lessees get two-thirds of the produce of the land, giving one-third for its use to the owner — each party furnishing his own sacks.'' The above facts show what can be done and what has been done for a great many years on one farm, and that but two hundred and fifty acres in extent. Another class of Washington products that may be noticed is the splendid Merino sheep of Mrs. Blacow, finer than which there are none in any part of the world. There is still yet an article of commerce and a source of wealth that is culti- vated to the highest perfection in Washington Township. We allude to hops. In 1873 B. Benedict and J. B. Shirk commenced the cultivation of this commodity near Alvarado and up to the present have prosecuted the industry with marked success. It will be unnecessary here for us to make mention of the manufactures of beet sugar and salt; histories of these will be found further on. We will, therefore, now draw the reader's attention to the following short sketches of the rise and progress of the towns in the district : — Alvarado. — As having once borne the honors of the Capitolian crown, Alvarado may be said to have precedence of the other small towns in Washington Township. With it, for the purposes of this sketch, may be included the places which bear the names of Union City (called after the steamer Union), and New Haven. In the month of July, 1851, William M Liston, the present proprietor of the Alvarado Tav- ern, came to the .place to take charge of two warehouses that had been built by Henry C. Smith. Besides these erections there were two dwelling-houses for other employh of that enterprising gentleman. The third house was built by Mr. Liston, and still stands on Maiden Lane, while, in one of the original dwellings, was a small store, the only one in the place at that time. In Union City, at the period of which we write, there were living Dr. Buckland, who had charge of warehouses, the property of J. M. Horner; Captain Richardson, and Captain Nowell, both of whom commanded small craft running between that point and San Francisco, while a man named John Wilson had a residence on Alameda Creek, not far from the town. In the Fall of 185 1 John M. Horner purchased the steamer Union, a boat that had been brought out from the East in pieces and put together in San Francisco, and placed her on the route between Union City and San Francisco, under the command of Captain Marston, who took up his residence at the former place. This small com- munity was added to in 1852, by the arrival of C. J. Stevens, now of Livermore, and his sister; and in the same spring, A. M. Church joined Henry C. Smith and started a store in the warehouse now occupied by M. J. Peach. About this time there also came to the village W. Param and his wife, Edward Chinnery and his wife, William Hayes and his wife, Mr. Church being also joined by his family. In the following year Alvarado was made the county seat of the newly created Alameda County, while it was then that John M. Horner erected the grist-mill, that was, after being conducted 822 History of Alameda County, California. for some time by C. J. Stevens, subsequently removed to Livermore, and was there destroyed by fire in the winter of 1 882. With the establishment of the seat of justice at Alvarado several settlers took up their abode in the place, for it was thought that before long it would blossom into something more than an ordinary village. That year, 1853, a private school, with five pupils, was opened, the rate of tuition being five dollars per month, while not long after a public school, taught by Mrs. Warren, was started in the residence of Captain Marston. The Court House was established in the upper story of the warehouse used by Messrs. Smith & Church as their store, while the county offices were in other buildings scattered about the town. Since the county seat was finally removed from Alvarado the town has made but little progress, still it has considerable commercial advantages, consisting in its facili- ties for shipping by the bay, and its railroad connections. Among the features of Alvarado may be mentioned its artesian wells, one of which, belonging to Captain Barrow, probably has a larger flow of water than any other well of this class in the State, the stream having a body of about eight inches square. Beet-sugar-making in California was inaugurated in Alvarado in 1869, by a joint- stock company, with a large capital invested in buildings and the necessary machin- ery. The works were a short distance northeast from the town, on lands of E. H. Dyer, to whose interesting sketch of the rise and progress of this industry we would refer the reader. Another important industry in Alvarado is that of salt-making, an interesting statement of which has been made in the early portion of this work. Not until 1862 was the business of salt-making engaged in. In that year John Quigley, a pioneer salt-maker of Alameda County, commenced operations at Alva- rado or Union City, where he still continues the business he inaugurated. The process originally employed (and substantially in use now) consisted in admitting, with the rising tide, the salt water upon a level surface of the ground which had been dyked into vats. These being filled to the required depth, the connection between them and the outside water is severed, and the water in the vats allowed to evaporate until the chloride of sodium (salt) can be gathered up. This description of salt-making is not designed to represent the somewhat complex methods employed at the present day, but merely to show the main feature — atmospheric evaporation. As conducted at the present time, a series of wooden vats are generally employed, and the brine treated to a variety of processes before the salt is brought to commer- cial shape. Crusade Lodge, No. 93, I. O. O. F.— This, the first I. O. O. F. lodge estab- lished in the county, was organized November 26, 1859, by Past Grand Jacob L. Van Bokelen, and Deputy Grand L. L. Alexander, with the' following charter members. Charles S. Eigenbrodt, P. G.; Albert E. Crane, James Hawley, William M. Listonj William Morrison, William Hayes, W. H. Hawthorne, George Simpson, N. B. Eldred; the first officers being: Charles S. Eigenbrodt, N. G.; Albert E. Crane, V. G.; James Hawley, Rec. Sec; William Hayes, Treas.; William M. Liston, Per. Sec. The pres- Washington Township. 823 ent membership is forty-seven, while the officers for the current term are: Charles A. Plummer, N. G.; M. W. Ingalls, V. G.; Henry D. Goodman, Rec. Sec; Joseph Mc- Keown, Treas.; F. B. Granger, Jr., Per. Sec. The lodge meets in their own hall every Saturday evening, which was erected in 1864 by the Odd Fellows' Hall Association, the stock being now entirely in the hands of the lodge. The building occupies an area of forty by sixty-five feet, the society being in a flourishing condition, with assets of seven thousand dollars. Reliance Lodge, No. 93, A. O. U. W.— This lodge was organized April 15, 1881, with the following charter officers: A. J. .Hare, P. M. W.; W. F. Ingalls, M. W.; O. L. Southwick, G. F.; Charles R. Neaurt, O.; J. M. Ingalls, Rec; F. R. Stokes, Fin.; W. F. Emery, Rec; Antonio Lee, G.; A. Bain, I. W.; William Wells, O. W.; and eighteen charter members besides. The present membership is forty, and the officers for the current term are: W. F. Emery, P. M. W.; Taylor Ralph, M. W.; S. H. Hall, F.; P. Plourd, O.; E. A. Anderson, Rec; E. A. Richmond, Fin.; Charles Nuwart, Rec; J. W. Robinson, G.; A. Muller, I. W.; P. Matthews, O. W. Lodge meets in Odd Fellows Hall on the first and fourth Wednesdays of each month, and is in a flourishing condition. Beet-root Sugar Industry at Alvarado.. — No history of Alameda County would be complete without some mention of the rise and progress of this promising industry, which, so far as California and the Pacific Coast are concerned, had its origin at Alvarado — its failure and its final success. The first attempt to manufacture beet-root sugar in California was made at Alvarado in 1869. Messrs. Bonesteel, Otto & Co., who were engaged in a small way in the business at Fond du Lac, Wisconsin, opened a correspondence upon the sub- ject with Gen. C. I. Hutchinson, E. H. Dyer, and others on this coast. The matter was pushed with zeal, and the "California Beet Sugar Company" was soon organized with a capital stock of $250,cx)0. The stockholders were: Gen. C. I. Hutchinson, Flint, Bixby & Co., T. G. Phelps, E. H. Dyer, E. R. Carpentier, E. Dyer, W. B. Carr, W. T. Garratt, and E. G. Rollins, all well-known capitalists and enterprising business men of California; and A. D. Bonesteel, A. Otto, and Ewald Klinean of Wisconsin. The Eastern parties, who were to assume the technical management of the business, arrived in California in the spring of 1870, and arrangements were immediately made for the erection of a factory. The location chosen was the farm of E. H. Dyer, at Alvarado. The work was pushed with such energy that the building was completed by the contractor, B. F. Ingalls, Esq., in November of the same year. It is unnecessary to follow minutely the history of this company. It is sufficient to say that after running four years at Alvarado, through the incompetency of the technical managers, it proved a financial failure. Messrs. Bonesteel and Otto claimed that the location, at Alvafado, not being a suitable place for the business was the cause of the failure, and succeeded by their plausible representations in organizing a new company, which purchased the Alvarado machinery, and removed it to Soquel, Santa Cruz County, where, after operating a few years, subjecting its stockholders to a heavy annual loss, the enterprise was abandoned. 824 History of Alameda County, California. E. H. Dyer, who had bought the buildings and a portion of the land owned by the old company at Alvarado, still had faith in the business, believing that, with good management, it could be made to pay at that place. He found it very difficult, however, in the face of so many failures to induce capitalists to invest a sufficient amount to give the business another trial, and it was not until February, 1879, that the "Standard Sugar Manufacturing Company" was incorporated. The company consisted of A. E. Davis, O. F. Giffin, E. H. Dyer, Prescott Scott & Co., J. P- Dyer, and Robert N. Graves, with a capital of $100,000. It was soon ascertained that more capital was needed, and the company was re-incorporated under the name of the Standard Sugar Refining Company, with a capital stock of $200,000. The officers are: O. F. Giffin, President; J. P. Dyer, Vice-President; E. H. Dyer, General Super- intendent; W. F. Ingalls, Secretary; Trustees, O. F. Giffin, R. N. Graves, J. P. Dyer, G. H. Waggoner, and E. H. Dyer. This company has made a success of the business from the start. It earned thirty-three per cent, on the capital invested the last or third campaign, and is now just commencing on its fourth campaign with very flattering prospects. The success of this important home industry is greatly due to the general management of Mr. Dyer, who owns one-fourth of the stock, and who, profiting by former experience, is able to avoid many mistakes which have caused the failures of other establishments of the kind. The present factory has been enlarged and improved, until it now has a capacity of about one hundred tons per day, employs, at the factory, one hundred and twenty-five men, to say nothing of the great amount of labor necessary to produce the beets, harvest, and haul them to the factory. One to obtain an adequate idea of the business of this company, and the great good it is doing in the way of using the products of the farmers, and keeping employed so many of our people, should see the works in operation during the months of September, October, and November, when beets are being received. There are frequently lines of teams, all heavily laden with beets, from a quarter to sometimes half a mile in length, pushing along in line to reach the company's scales, and deliver their loads. It is a scene of great activity. From fifteen to twenty thousand tons of beets are used each campaign, which -requires for their production ten to fifteen hundred acres of land. The company disburses among its workmen and the farmers nearly $150,000 a year for labor and material uged, all produced in Alameda County. They have turned out each campaign one and a half millions of pounds of pui-e white sugar; no low grades or yellow sugars are put on the market by them. The climate and soil of the Pacific Coast are peculiarly adapted to the success- ful- production of the sugar beet. They can be raised as cheaply and are of as good quality as those produced in any country. The success of this company has fully proved that it only requires a knowledge of the business and capital to produce, on the Pacific Coast, most of the sugar required for consumption in the United States, and at a cost not exceeding that paid for refining grades imported from foreign countries, and indicates the way to save millions of dollars to distribute among our people and laboring classes. Union Pacific Salt Company. — This, the most extensive salt-making concern ~ r / '//^ya^nc^^^^ Washington Township. 825 in the State, was incorporated March 25, 1868, and have their works situated at the mouth of the Alameda Creek. After incorporation the company purchased Rock Island, containing about one thousand acres, and situated in Washington Township. Work was commenced in 1870, and business has increased to such an extent that employment is given to over one hundred men. During the last ten years more than seventy thousand tons of salt have been manufactured here, while there is a capital of one hundred thousand dollars invested in the enterprise. The works of the Union Pacific Company may be selected as a type, and the description will apply, in the main, to all the others. The swamp or overflowed lands on the margin of the bay are so nearly level that the waters will generally follow any channel, natural or artificial, and may be conveyed from point to point in a slow current, by making the bottom of each basin a few inches lower than the preceding one. It sometimes becomes necessary to elevate the water when there is not sufficient head. This is done by a windmill of peculiar con- struction. The power is communicated by gearing to a paddle-wheel running in a channel, into which the water flows from the lower level. By the revolutions of the paddle-wheel the water is forced up an inclined plane to an elevation of a foot or so, which is all that is required. These mills are small copies of the great windmills used in Holland to drain lands reclaimed from the sea. They are provided with an iron strap and lever, by which the mill may be stopped when not required. The first step in opening new salt-works is to throw up dykes or levees, partition-, ing off the available ground into basins of greater or less magnitude. Were it not for these dykes, the land would become wholly overflowed at the high tides on each month, but only partly so at other times. The outer basin, lying along the shore of the bay, is called the receiving-reservoir, and is large enough to contain salt water sufficient to keep the inner basins supplied from tide to tide. It is furnished with wooden gates turning on pivots, which are opened by depressing a lever. The gates open inwards. When open they allow of the free ingress of water, but when closed, resist the overflow; and the greater the pressure the more tightly they shut, being set on an angle toward the pressure. In the channel leading to the flood-gates from the outside, there is a fence of pickets, to prevent any floating debris from passing in through the gate. The Union Pacific Company has fifteen flood-gates, each twelve feet wide. In the receiving-reservoir, all the mud and mechanical impurity settles. During the spring, tides men are stationed at the gates, whose duty it is to open them when the tide flows, and to shut them at the commencement of the ebb. It sometimes requires only two nights to fill the receiving-reservoir; but at others, five or six. As the gates must shut perfectly tight to retain the water, considerable attention and care are required to effect this, as crabs and small floating refuse get in, when it becomes necessary to shovel in earth until a perfect joint is made. From the receiving-reser- voir the water is conducted as required into secondary tanks, to the extent of one million gallons daily, where it is allowed to remain until it becomes partly concen- trated by evarporation, during which it lets the sulphate of lime fall as a precipitate, which collects in large quantities, and although now considered worthless, it will, in the future, be sought as a fertilizer. From the secondary basins, the water, freed in S3 826 History of Alameda County, California. part from impurity, is conducted in another set, where it becomes still more concen- trated by evaporation to brine, having a specific gravity of 1.2082, or twenty-five degrees Beaume, which is a saturated solution. It is then conveyed into vats and crystallizing basins, or " making-ponds," as they are called. After remaining for the required time, nearly all the salt crystallizes out, and the mother liquor, holding in solution magnesia, salts, and other impurities, and technically called " bitterns, is drawn off, and generally allowed to go to waste; a small quantity only being used in the manufacture of carbonate of magnesia. The crystallizing vats, basins, or pans are generally about an acre in extent. At the new works of the Union Pacific Company six ponds measure eight acres. The salt taken from one of these basins contained two hundred tons, and measured at the base of the pile thirty by forty feet, and was sixteen feet high. These basins are filled but once for each crystallization. Most of the crystallizing ponds have mud bottoms and sides. The salt, of course, is somewhat inferior, or at least less clean than that from others which are floored with planed boards. It is claimed that the low price of salt will not pay for the additional capital required to build the tanks and reservoirs of cement on the cheaper beion; but we are convinced that such works will in time replace the mud-bottomed basins of the present. When the mother liquors are drawn off the salt is carefully shoveled into small piles, like hay-cocks in a field, by a gang of sixteen men. It is then wheeled in bar- rows to the large piles, where it stands through at least one rainy season, during which the deliquescent salts of magnesia, and the coloring matter imparted probably by organic matter leach out, and the salt becomes ready for the market. When the salt crop has been gathered from one of these basins, a set of men wearing wide boards on their feet, like snow-shoes, walk over the surface, and with shovels flatten and otherwise smooth the surface of the rather soft mud, preparatory to refilling with brine. For the manufacture of salt for table use the Union Pacific Company have a set of elevated pans of wood, into which the cleanest brine is pumped by windmills. There is no contamination, and the salt from these crystallizers is pure as salt can be made in a large way. Salt is ground at these works in a mill of a peculiar construc- tion. It consists of a corrugated roller of granite, which makes seven hundred revolu- tions per minute; it is driven by a portable steam-engine. The salt passes between the roller and a block of burr millstone. The trade of the Union Pacific Company has extended from Arizona to British Columbia. The President of the company is John Barton. Centreville. — It is entirely problematical how this village received its name- It may have been that it was so called because it was midway between Alvarado and Mission San Josd, but be that as it may, Centreville it remains and centrally situated it is between the bay and the hills, the two lines of railroad, and is near to the geo- graphical center of the township. The first settlers in Centreville were two individ- uals named George A. Lloyd and Frank Pepper, who had a blue tent pitched on the spot now occupied by the Widow Lowrie, but they were mere birds of passao-e. The first actual steps towards the formation of a town was the opening by Captain Band Washington Township. 827 of a store in the year 1852, where he offered for sale the curious combination of whisky, boots, and codfish. The building was a little " ten by twelve" cabin, and stood where Captain Bond's house now is. Prior to the year 1850, however, John M. Horner had built a Mormon chapel, which occupied the site of the United States Hotel, conducted by Mrs. Lewis. Here Mr. Horner himself was wont to preach, and within its walls was opened a school at a very early date, taught by a man named Kempster, while it was subsequently used by Rev. W. W. Brier as a chapel. In 1854 William Morgan opened a hotel on the present site of the Gregory House, while in the following year William Barry and a man named Wilson opened a store in the village. Since that date the town has grown up slowly, while to-day it is the most busy looking of all the interior towns save Livermore. It possesses several fine stores, two good hotels, the Gregory House, and United States Hotel, two churches, and several trades. Although not on the line of any railroad, Centreville is in communication with the Central Pacific at Niles, only three miles distant, while there is a horse-car running to Newark that connects with the South Pacific Coast Railroad. Centreville was never laid out as a town, but lots measurin;^ fifty feet frontage and four hundred feet depth were offered to the highest bidder, and thus uprose the little village. The Centreville and Alvarado Presbyterian Churches. — In the sum- mer of 1852, Rev. W. W. Brier moved to the Mission of San ]os6. His health had been broken by over-work for eighteen months, while he planted tfie church of Marysville. His generous friend, E. L. Beard, hearing of this, invited him to the most attract- ive spot then in the State, fitted up a school-room in the old adobe buildings and secured for him seven pupils. Mr. Brier, with his wife and child, lived in the Mission a few months, he taught the first public school for which funds were drawn in the bounds of Santa Clara County, Alameda County, as yet, had no existence. At the same time he preached to small con- gregations in his sc'hool-room each Sabbath. In the beginning of 1853 the Pacheco Ranch was sold, and he bought his place near where Centreville now stands, and began to hold services in a building called " Horner's School House." This John M. Horner had built and in it preached his Mormon faith to thirty or forty people on Sunday afternoons, while Mr. Brier had twelve to fifteen hearers in the morning. Mr. Horner was wealthy and liberal, and invited Mr. Brier to occupy the house when he did not use it. In June of 1853 the interest in church services had so increased that, on request, the following persons were organized into a Presbyterian church, viz.: Charles Hilton, Elizabeth A. Brier, Hannah Breyfogle, Chancey Cornell, Charlotte Cornell^ Chas. Kelsey, Mary C. Kelsey, Eliza Beard, and Dr. J. M. Selfridge. This church was called the Alameda Presbyterian Church, after the name of the creek. There was as yet no Centreville; even Oakland was less populous and of less importance than Washington Township. Charles Hilton was chosen and ordained Elder. After more than a year of preaching, while he gathered this and another small church in the Mount Eden settle- 828 History of Alameda County, California. ment, Mr. Brier was invited to take charge of the two churches at a salary of $i, 800. On Feb. 24, 1855, J. A. Mayhew, Jesse Beard, Chas. Kelsey, Henry Clark, and Chancey Cornell were elected Trustees, and vigorous measures were taken to build a house of worship; the preacher acting as solicitor of funds and superintendent of work. The effort was successful. On January 27, 1856, the brick church twenty- four by forty-four was dedicated, cost $3,300. The lot two and one-half acres was donated by George Lloyd. On the day of dedication Mr. Brier was installed as joint pastor of the Centreville and Eden Presby- terian churches. Rev. Sam. B. Bell preached the sermon and gave the charge to the pastor and Rev. T. Dwight Hunt gave the charge to the people. It was a day of joy in the new community. The church grew rapidly in numbers and influence. A. A. Saunders and Dr. Selfridge were added as Elders. The church frequently permitted its pastor to go out and do missionary work which resulted in planting the churches in East Oakland and Alameda, also in other and more distant places. In i860 there had been gathered into the Centreville church fifty members. At this time the church at Alvarado was organized, chiefly from members of the Centreville church. The Pastor gradually transferred his labors from Eden to Alvarado. Mr. and Mrs. Cornell were efficient helpers. The house of worship was erected chiefly by their influence. The Eden church was scattered by the change of population, the church building was taken for a school house, and finally sold without authority of the church. In the fall of i860 Mr. Brier resigned his pastoral charge to enter upon the work of "church extension" on the Pacific Coast. At this time Rev. B. N. Seymour was invited to become stated supply of the Centreville and Alvarado churches, which have always been united under the same minister. Mr. Seymour continued until the fall of 1865. This was a period of gloom to the nation and the church. Rev. James Pierpont was the minister during 1866. In the beginning of 1867 Rev. W. F. B. Lynch was invited to take charge of the churches, and continued for two years. On October 21, 1868, the great earthquake so injured the brick walls of the Centreville church that it was closed for a year, and the congregation soon shipped in the Methodist church. In the fall of 1869 the brick walls were removed, and wood substituted. After Mr. Lynch closed his labors as pastor, there was a period of nearly two years when sermons were read by Mr. Shinn or temporary supplies were secured. Among these P.ev. James Alexander labored for a time. In November, 1871, C. Park, a licentiate was engaged for one year. He continued to preach until August, 1873. Rev. Wm. Alexander, D. D., a professor in the San Francisco Theological Sem- inary was engaged as temporary supply, and August I, 1874, was called to be pastor of the Centreville and Alvarado churches. Under his ministry the Centreville church which had decreased in membership ever since i860, was increased by many additions' especially from the children of the church. and those who had grown up in the Sabbath- school. He continued as pastor until April, 1878. In the fall of this year Rev. W. A. Tenney was engaged as stated supply of the churches, and continued for two years. Charles D. Merrill, a student in the San Francisco Theological Seminary, acted as temporary supply from October, 1880, and was engaged as stated supply for one year Washington Township. 829 from May i, 1881. At the end of this time he received a call to become pastor of the two churches, and was ordained and installed by the Presbytery of San Josd May 28, 1882. F. H. Hilton has served as a faithful Elder of the Centreville church since 1874. Under Mr. Merrill's pastoral charge both churches have increased in members, and both houses of worship have been renovated and improved at an expense of several hundred dollars. Both churches are out of debt, and are in a harmonious and prosperous condition. Andrew Kerr is the Elder of the Alvarado church. Alameda Lodge, No. 167, F. and A. M.— This lodge was organized on Sep- tember 9, 1863, the charter being granted, October 13, 1864, to the fol-lowing members: James Beazell, Perry Morrison, S. I. Marston, T. Scott, H. G. Ellsworth, G. M. Kutz, A. J. McDavid. The following were the first officers: James Beazell, W. M.; Perry Morrison, S. W.-; S. I. Marston, J. W.; Thomas Scott, Treas.; H. G. Ellsworth, Sec; G. M. Kutz, S. D.; A. J. McDavid, J. D. The present membership is fifty, while the officers for the current term are: A. J. Hare, W. M.; Edward Niehaus, S. W.; John Lowrie, J. W.; M. B. Sturges, Treas.; William Mortimer, Sec, G. W. Willis, S. D.; William Barry, J. D.; G. M. Smith, William Wilton, Stewards; G. W. Bond, Marshal; J. A. Trefry, Tyler. The lodge, which is in a flourishing condition, own their building, two stories in height, and occupying a space of sixty by forty feet, being divided into an entertainment hall on the ground floor, and a fine lodge-room upstairs. Meets on the first Saturday on or before full moon, of each month. Centreville Council, No. 34, I. O. C. F.— Was organized December 15, 1881^ with sixty-five charter members, the following being the first officers: H. C. Gregory, C. C; S. Sandholdt, V. C; S. A. Buteau, P. C. C; W. A. Yates, Sec; S. Saltz, Treas.; W. H. Tyson, Prelate; G. W. Willis, Marshal; J. A. Trefry, Warden; I. J. Tifoche, Guard; F. N. Silva, Sentry; S. A. Buteau,. Med. Examiner. The lodge which meets every Thursday evening in Tifoche Hall, has a membership of ninety-two on the roll, and the officers now serving are: Robert D. Smith, C. C; A. Blacow, V. C; W. A. Yates, Sec; S. Sandholdt, Fin.; M. F. Silva, Treas.; S. Morrison, Warden; I. J- Tifoche, Prelate; George Juhler, Guard; F. Rose, Sentry; S. A. Buteau, Med. Examiner. Pioneer Association of Washington, Murray, and Eden Townships. — The organization of this association was first suggested by William Barry and W. Morris Liston. In the Independent of November 11, 1876, was published a notice by them, with two or three other gentlemen, calling a meeting of the pioneers of the township. The meeting was held on Thanksgiving Day, November 30th, at Centreville, the following persons being present: C. Kelsey, John Riser, J. A. Trefry, E. Ross, E. Munyan, E. Niehaus, C. C. Scott, W. H. Cockefair, D. C. Bane, G. W. Bond, and- William Barry. Messrs. Riser and Kelsey were appointed a committee to prepare- the constitution and rules of a permanent society. December 9th a meeting was held, at which the committee's report was received and adopted; but the organization was not completed until December 23d. The first officers elected were: George W. Bond, Pres.; C. C. Scott, First Vice-Pres.; W. M. Liston, Second Vice-Pres.; L. E. Osgood, Treas.; William Barry, Sec The regular meetings of the 830 History of Alameda County, California. society are upon the second Saturday of April, August, and December. All residents of Washington Township who were in California before March 26, 1853, also the sons of pioneers over twenty-one years of age, were made eligible to membership. The organization was afterward extended to the adjoining townships of Eden and Murray. The object of the organization is declared to be to ''collect and preserve infor- mation concerning the settlement of the township," and "advance the interests and perpetuate the memory" of its pioneers. It cares for the sick, and has a ritual for the burial of the dead. But the more practical object is to form a social rallying- point for the re.iewal and continuance of old friendships. The present officers are: J. T. Walker, Pres.; L. E. Osgood, Treas.; William Barry, Sec. The Washington and Murray Township Water Company.— In the spring of 1 87 1 it was reported that a corps of surveyors were in Suiiol Valley, laying off lands for a reservoir, to be built for the purpose of taking the water of the Alameda Creek to San Francisco. A public meeting was called at CentreviUe, to adopt measures to oppose what it was believed would ruin the San Jose Valley, if prosecuted. This meeting was largely attended and enthusiastic. Resolutions were passed that the citizens should resist all attempts to divert the water of the creek, which gives fertility to the land, by feeding the gravel-beds below the surface. A committee was appointed to take legal advice, and report at a stated time. This committee went to Judge Crane, now of Washington, and he gave an opinion, that the cheapest way to keep the creek was to get up a company, and use the water for all these purposes — irrigation, family use, and machinery. He advised that the owners of lands on the creek should deed their rights in the water, also the right of way to the company, so that no other company could condemn the creek. This wise advice was reported to the adjourned meeting, which elected the following persons to organize themselves into a company, and serve as Trustees, viz.: W. W. Brier, Wm. Whidden, John Whipple, John L. Stevens, John L. Beard, Howard Overacker, E. H. Dyer, Samuel I. Marston, and B. D. T. Clough. On May 17, 1 87 1, these persons met and agreed on- articles of incorporation, and the company was formed according to law. Mr. Clough was elected President, and W. W. Brier, Secretary; both have held these offices ever since. Within five days the company was fully organized, and Mr. Whidden was appointed to secure the signatures of land-owners on the creek to a deed to the water and the right of way for ditches. This measure checkmated the company above, and that fact cooled the ardor for irrigation among the farmers Two years were spent in talk, and discussing plans, with a little surveying. In the fall of 1873 the Calaveras Company proposed a compromise with the Washing- ton and Murray Company, which was adopted; the former to furnish money and defend the latter in law provided they granted them the right to make a reservoir at the lower end of Calaveras Valley. A lawsuit, in which the claims of the Washington and Murray Company were established, and some compromises made, placed an open door for success. In the spring of 1874 work was commenced. A dam and reservoir were bought from Messrs. Peet & Scott. The south branch of the Alameda Creek was adopted Washington Township. 831 as a ditch from which a canal, thirty feet wide and four feet deep, was dug for one- half mile to Mr. Clough's farm. Here is a branch ditch, twelve feet wide, designed to supply several farms. From this point to Mr. Kelsey's farm, one and one-half miles, the main canal is twenty feet wide. From Kelsey's the design is to make a ditch twenty feet wide through the center of the valley, with branches from Mr. Kelsey's house. The main ditch is only sixteen feet wide, and continues its course toward Alvarado for four miles, passing through a large number of the best farms in Alameda County. There is also a small ditch, six feet wide, extending to Newark, a distance of four miles. The company has ten miles of ditch, two substantial dams, which cost $2,000. It has expended over $1 1,000. Decoto. — This is a small town on the line of the railroad, and takes its name from Ezra Decoto, who originally owned the land in the vicinity, and who still resides upon it. In 1867 he sold two hundred and eighty-four acres of it to the Railroad Company; and on the Decoto Land Company being subsequently formed, the site of a town was surveyed, and in 1 870 no fewer than twenty-seven thousand evergreen trees were planted to adorn the future city, but though the trees have thriven the civic honors have not yet blossomed. The first houses in what may be called the town of Decoto were built by the brothers of that name, in 1867, and in the following year, mainly through the exer- tions of Ezra Decoto and F. W. Meyer, a school district was formed, and the school placed in charge of a Mr. Jones. There is a fair hotel in the village, built in 1874, by Mrs. McKenney, but it is chiefly noticeable for the extensive warehouses of A. J. Hare, a man of energy and enterprise. Mission San JoSE.^What a quaint old town is the place known as Mission San ]os6, embodying, as it does, the history of a by-gone age, and the result of American occupation. It is the only place in the county where still remains the adobe buildings and red-tiled roofs of the Spanish settlements, which lend a pecu- liarly ancient color when contrasted with the more stylish frame buildings of the pres- ent period. Enough still remains to show the visitor how the Indian converts of the Missions were housed, but unhappily the old church fell a victim to the never-to-be-forgotten earthquake of October 21, 1868; on its crumbled walls has arisen a new edifice, which has a strange and solitary aspect as it stands alongside of the ruined adobe apartments that were once the pride of the place. Of the better class of dwellings we have 'an example in the large square verandahed building erst awhile occupied by Don J. J. de Vallejo, and which is in a good state of preservation. Of the men who first settled here from among the early American pioneers none were more prominently identified with the interest that centered at the Mission than E. L. Beard. One of the many evidences of his enterprising career is to be found in the extensive grounds surrounding the residence now in the possession of Mr. Galle- gos. Here the capabilities of the climate and soil of the Mission are shown to their best advantage in the growth of trees, shrubs, flowers, and fruits, and, generally, the production of semi-tropical countries. Mr. Beard lived originally in the Mission 832 History of Alameda County, California. proper, but in 1865 built the residence just mentioned, and laid out the beautiful grounds which have since been so much improved by Mr. Gallegos. The Mission buildings remained in their pristine state for a considerable period after the American occupation of California. In 1853 there was but one frame house in the village, and it still stands to the south of the store of Erhman & Lebrecht. The pioneer settlers of the country nearly all first found their way to the Mission, and thence started out in their quest for land on which to locate. In 1 849 the earliest store was opened by Mr. Beard; here the first grist-mill was started; and here and in its vicinity were agriculture, horticulture, and viniculture first practiced. Towards the end of 1849, or early in 1850, W. H. Chamberlain opened his store, the same that has since successively passed through the hands of J. W. Chamberlain, Musser & McClure, Erhman & Bachman, until it became the establishment of its present proprietors. In 1857 the "Red House" was built near where now is the house of Jos^ Colum- bet, it being at one time conducted by James Threlfall, while it was here that nearly all things had a start. The Fathers were sagacious in selecting healthful and convenient locations for their missions. No town on the Contra Costa can boast a better climate. Air and water are here as healthful and pure as nature can make them, and the scenery is varied and delightful. With the air of age and romance about it, and having every essential of a desirable place of residence. Mission San Jos^ has been and still continues the home of people of wealth and refinement. Before the period of railroads in California, Mission San ]os6 was one of the liveliest trading and business points in Alameda County, especially during the early mining excitement, when much of the travel between the coast and the mines went through the Stockton Pass, which is entered at this point. It still continues, in a degree, much of its business, although its manufacturing industry has diminished considerably; it will, however, still remain as the central point of historic interest in the district of the Contra Costa. Newark. — This town is situated about twenty-eight miles from San Francisco on the line of the South Pacific Coast Railroad and has all the advantage of shipment of a place one-quarter the distance from the great metropolis. The soil in its vicinity is fertile and productive, being a light, rich black loam. Early in the spring of 1876, a large tract of land in the vicinty of Dumbarton Point was purchased by A. E. Davis, as representative of the Pacific Land Invest- ment Company, whose interest was identical with that of the South Pacific Coast Railroad Company. The tract consisted of about four thousand five hundred acres, and was made up of smaller tracts bought from several different parties, its cost being near three hundred thousand dollars. The largest single purchase was sixteen hun- dred acres from the Green Point Dairy Company, for which one hundred and forty- five thousand dollars was paid. Previous to this transaction other parties had been engaged in land speculation in the same locality, but the first considerable improve- ments were made by the Railroad Company. Upon the dairy ranch were buildings to accommodate an extensive manufacture of butter and cheese, and several hundred cows found rich pasturage which never failed upon the lowlands. The ranch was Washington Township. 833 placed under the management of S. Davis, and thirty tons of cheese and a large quantity of butter were made and disposed of within the six or seven months follow- ing the purchase. In the fall of the same year the cows were sold and the dairy busi- ness closed. Meanwhile the Railroad Company was pushing on the line. Immediately upon the purchase of the land the operations of driving piles and raising the grade upon the marsh-lands, was commenced and the enterprise was carried on so rapidly that in a few weeks the track was laid and construction trains were running a distance of sev- eral miles from Dumbarton Point towards San Jose. At the Point was a spacious wharf, over a portion of which was a shed fifty by one hundred and fifty feet. Here was kept the rolling stock when not in use. Here were received the ties, and rails and other material for the construction of the road. In the spring of 1877, a franchise was obtained for a railroad from Alameda to Newark, and its construction was promptly undertaken. At about the same time the company built its round-house and sheds and established the town of Newark in fact, as it had before been upon the surveyor's plat. The location was three and a half mile's from Dumbarton Point, with the marsh-land and the bay in front, while culti- vated fields stretched backward towards the hills. On June i, 1878, the cars began to run regularly between Alameda and "Los Gatos, Santa Clara County, connecting with the ferry between Alameda Point and San Francisco. With this start several business houses of different characters, and two hotels were opened, since when its progress has been steady. Notable among the industries of the town is the establishment of Carter Brothers, where all varieties of cars are manufactured in such a manner as will bear favorable competition with Eastern work. It has a neat Catholic Church and a school house both of which were dedicated in 1880. Newark Lodge, No. 169, A. O. U. W. — This lodge was organized April 7, 1880, with fourteen charter members and the following officers: W. H. Haley, W. M.; E C. Bragdon, R; W. H. Nesmith, O.; J. W. Shafiford, Recdr.; J. A. Plummer, Jr., F.; W. B. Depew, O. W.; W. M. Jaycox, G.; C. B. Mills, I. W.; George Lowrie, O. W. Lodge meets every Monday evening in the school building and has thirty-four mem- bers on the roll. The present officers are: W. H. Nesmith, P. M.; R. F. Ingraham^ M.; 1. H. Chipman, F.: W. B. Depew, G.; David G. Butler, Recdr.; J. A. Plummer, Jr., Fin.; C. G. Healey, Recvr.; T. Bedard, I. W.; W. H. Haley, O. W.; W. N. Haley, T. Bedard, Trustees; Drs. Allen and Hall, Medical Examiners. Crystal Salt Works.— During January 1864 J. A. Plummer purchased the property now known as the "Crystal Salt Works" and now adjacent to the young town of Newark in Washington Township. This property consisted of a large pond and salt marsh in its natural condition, the improvement of which was immediately commenced by Mr. Plummer, who built vats, erected windmills and pumps, subdi- viding the pond into compartments for holding the salt water in its different degrees of strength (the partitions for subdividing, are of pine boards, and driven into the bot- tom of the pond edge to edge, thereby making the compartments water tight) the 834 History of Alameda County, California. weakest water would be that just received into the main pond from the bay of San Francisco, to brine of one hundred and five degrees, at which stage it commences to crys- tallize in ponds and vats especially adapted for that purpose; after a certain period of crystallization has passed, the salt is now ready to be taken up, and carried ashore to put into the houses, or piled outside when the houses are full. A tramway is laid to the landing on the slough leading into the bay, where vessels come and receive the salt (which is brought down on cars) and taken to San Francisco. The wind- mills and pumps are at work all the time, lifting water and transferring it from one pond to other ponds, by means of flumes and ditches. A milling and drying house was built for manufacturing salt for the family, dairy, and meat-packing trade. There are large pans, under which fires are kept burning to dry the salt placed theron; when dry it is ground for family or dairy purposes. A fifteen horse-power engine drives the mill; these works produce from fifteen hundred to two thousand tons per year. In 1869 Mr. Plummer and his sons, John A. Plummer, Jr., and Charles A. Plummer, leased a large pond near the town of Alvarado for the purpose of manufacturing salt. They after- wards, in 1 87 1, bought this property. Since then extensive improvements have been made, rendering it capable of producing three thousand tons per year. When the improvements contemplated are made five thousand tons will be the yearly produc- tion. In January, 1 88 1, J. A. Plummer, Jr., and C. A. Plummer succeeded J. A. Plummer in this business. The salt produced at these salt-works is of a superior quality, and better than any foreign salt imported into this country.^ Analysis has been made by eminent chemists and the result each time was the same, 99.62 per cent, chloride of sodium. This grade of salt is largely used by meat-packers, who prefer it to any other. Newark Coursing Grounds.— These grounds are located about one hundred yards from the depot of the South Pacific Coast Railroad at Newark, and were opened in the fall of 1882 by John Dugan. They contain about one hundred acres in two fields, one of these being a breeding-field for hares, and the other for coursing, both being properly fenced. NiLES.— This village is distinguished as the junction of the San ]os6 branch of the Central Pacific Railroad with that from Stockton and Livermore. At this point ini8S3, Don J. J. de Vallejo, at great expense, constructed a flouring- mill, the water for which he conducted in a long flume from the Alameda Creek This was the first mill built after that at the Mission, and in the early history of the county was famous and widely known. Niles has not much to boast of in regard to population but Its location at the mouth of Alameda Canon, and consequently capable of being well supplied with water, being the junction of two lines of railroad, and being ensconced in the cosiest manner in the hills, would justify the belief that it will some day become a town of considerable size and importance. WARM SPRINGS.-The post-ofiice in this district is known as Harrisburg, George W. Peacock being the postmaster. About a mile and a half from Peacock's in a northwestly direction is Warm Springs, which was at one time a place of fashionable resort. The water of the springs is tepid and much impregnated with Washington Township. 835 minerals and is reported to possess highly curative properties in some diseases. Numerous evidences of a long-continued occupation of these springs by the Indians leads to the conclusion that their medicinal qualities were known to the natives and b/ them made available, while the early Spanish settlers gave to them the name of Ajua Caliente (Warm Springs). They were first brought into notoriety by Clemente Columbet, who in 1869 sold them to A. A. Cohen, of Alameda, and not long afterward' they were purchased by Governor Stanford. Warm Springs is the most southern station on the line of the Central Pacific Railroad in Alameda County. Washington Corners. — This place is situated about twenty-seven miles from San Francisco on the San Jos^ branch of the Central Pacific Railroad, and was originally known as "The Corners," so called from the fact of there being cross-roads at the point on the corner of one of which a saloon was opened by a negro who had come to the State with Mr. Beard. In the vicinity of this place was the first effort at agriculture made by John M. Horner, and around him did the earliest foreign settlers congregate. Here too were manufacturing and mechanical interests started at an early day, notably that of Timothy Rix, who settled in 1850, and who afterward became the first postmaster of the place. The town is but small, yet boasts a well-edited newspaper, the Independent, and several good stores, while in the vicinity are many fine residences. One of the most serious fires that ever occured in the county, took place on September 3, 1880, when the warehouse was burned, causing damage to the extent of about one hundred thou- sand dollars. Washington College. — In July, 1871, measures were taken by W. F. B. Lynch and Albert Lyser to secure the site for a school to be called the " Washington College of Science and Industry," it being the desire of these gentlemen to found a school wherein should be incorporated the main' features of the Polytechnic Schools of Europe and some of the Eastern States. With characteristic generosity E.- L. Beard took a lively interest in the scheme and donated the beautiful site of the college on which was erected a handsome building that cost about thirty thousand dollars. The first Board of Trustees under the charter were: E. L. Beard, W. F. B. Lynch, H. Curtner, William Y. Horner, S. I. Marston, H. Crowell, Origin Mowry, and M. W. Dixon. The college was opened July 31, 1872, under the superintendence of Rev. and Mrs. S. S. Harmon, but unhappily it has this year been determined to close it for want of patronage. 836 History of Alameda County, California. BIOGRAPHICAL SKETCHES. Herbert Lester Adams, LL.B. — The subject of this memoir, whose por- trait will be found in the following pages, was born in Buffalo, Erie County, New York, March 24, 1855, of American parents and ancestry. His father, D. L. Adams, was engaged in the then thriving industry of ship-building on the great lakes, he being foreman for the large firm of F. N. Jones & Co., who had yards and dry-docks at Buffalo. The boyhood of our subject was passed amid the busy scenes of the ship- building yard. In his youth he became conversant with the architectural designs of these leviathans; keel-blocks and ways were his elementary training, while rapture and astonishment beamed in his face as he saw the mighty ribs of oak bend to their places. Receiving a good ordinary scholastic training, after two years of study he graduated, and prepared to do battle with the world. In 1869 he was employed as salesman in a wholesale produce store in Buffalo, and from that citJ^ in the year 1870, following the advice of the great editor, he "went west" with his family to Palmyra, Otoe County, Nebraska, a town then consisting of but two houses and a store, and located on a piece of government land, the nearest market being the town of Lincoln, the State capital, and now developed into a thriving and populous city. Lumber being a luxury almost unknown in Nebraska at that time the family constructed for a dwelling what is known as a "dug-out," consisting of a square excavation hollowed in the hillside, and roofed by leaning branches of trees against a center ridge-pole, the roof being afterwards covered with earth two feet in thickness. After a year's resi- dence there Mr. Adams and his family came to California, arriving at Franklin, Sac- ramento County, in March, 1871. Being here met by his uncle, Hon. Amos Adams, ex-Assemblyman and Secretary of the State Grange of California, who owned a large dairy farm in the Sacramento Valley, our subject passed a year with him, engaging in agricultural pursuits, but the memorable drouth of that season having destroyed most of the stock, and rendering farming unprofitable, in 1872 he returned to Buffalo with his family, and once more embarked in his former occupation as sales- man, and traveled for a wholesale produce store. And now came the famous "Black Friday," when thousands of business enterprises went into insolvency. Mr. Adams therefore again turned westward. Proceeding to De Witt, Carroll County, Missouri, where he visited his sister and friends, he continued his wanderings until he once more brought up in Palmyra, Nebraska. Here he passed the summer of 1874, and saw the first great grasshopper invasion that did so great damage to the growing crops. Thence he made a flying trip through Kansas, after which, returning eastward, he obtained employment in New York from the New York Central and Hudson River Railroad Company as a car-builder and repairer. Here, by his industry and attention to work, he was placed in charge of a gang of men, but the snow and ice, and the searching winds from the Atlantic made him long for the sunny slopes of the Pacific Ocean. He then, for the second time, made the journey to California, and arrived in Stockton, San Joaquin County, in June, 1875. After a month's work with the Stockton and lone Narrow-guage Railroad, the company failed. Mr. Adams, therefore, found himself once more free, he thereupon again betook himself to a farm life, and subsequently came to Oakland, Alameda County, where he obtained employment as a hostler in the Plaza Stable of Downing & Forrester,' on Fourth Street. He soon after met in San Francisco, A. P. Needles, Esq., with whom he at once took desk room and entered upon the study of the law, to such good purpose that in September, 1877, he was admitted to practice in the County Court of Alameda by Biographical Sketches. 837 Hon S. G. Nye, on motion of Hon. M. P. Wiggin. In March, 1880, he was admitted to practice in the Superior Court by Hon. W. E. Greene. In the mean time Mr. Adams had become a student in the Hastings Law College of the University of Cali- fornia, from which he graduated May 29, 1882, and received the degree of LL.B. — Legum Baccalaiireus (Bachelor of Laws). May 31, 1882, he was admitted to the Supreme Court of California, on motion of Hon. J. Norton Pomeroy, LL.D., and is now in the enjoyment of a large and successful practice. Mr. Adams is an energetic worker in secret societies, belonging to the Odd Fellows, Ancient Order of United Workmen, and Independent Order of Chosen Friends. He was also one of the organizers and is now President of the Board of Directors of the Golden Gate Con- gregational Church of Oakland. He married, in Oakland, December 12, 1877, Miss Ella N. Crist, of Lodi, San Joaquin County, California, a native of Indiana. Mark Acer. — Was born in Jefferson County, New York, June 7, 1842, and there resided until the breaking out of the Rebellion, when he answered his country's call, and enlisted, April 19, 1861, in Company F, Thirty-fifth New York Regiment, from which, after two years' service, he was discharged and re-enlisted in Company F, Twentieth New York Regiment, serving in this corps until the close of the war. In 1865 he came to California, located at Folsom, Sacramento County, and was in charge of the post-office there until 1869, when he moved to Pleasanton, and was the first agent of the Western Pacific Railroad Company there. Resigning this position in 1871, he moved to Suhol and opened the present railroad office there. In the following year he commenced operations in his present store, and in 1874 erected the first ware- house in that place, constructing another like edifice in 1875. Married, September 24, 1866, Miss Sarah E. Sanborn, and has two sons, Archie and Fred. James M. Allen. — Was born in Cole County, Missouri, November 13, 1828, and is the son of David and Elizabeth (Storey) Allen. When but two \ears of age he was taken by his parents to Cooper County, where they resided five years; after which they transferred their habitation to Jackson County, not far from Independence, where our subject first attended school. His father and mother now moved to the adjoining county and took up their residence on a farm, where they remained until 1846, when the family determining to emigrate, joined the party captained by Hon. Elam Brown of Contra Costa County, and with it came to California. His father was taken sick at Fort Bridger on the route, and was left behind; and his mother died and was buried at the Sink of the Humboldt. Mr. Allen and his party entered California at Johnson's Ranch, October 10, 1846, where they found the proprietor to be a rough sailor, dwell- ing in a dirty little hut, and surrounded by naked Indians — a fact which caused some confusion among the ladies of the train. Continuing their journey they camped on the spot where Sacramento, the capital of the State, now stands. About a mile and a half up the American River, at New Helvetia, stood the hospitable inclosure of Sutter's Fort, where beef, flour, and other commodities were procured, the fresh meat and bread being highly appreciated, for they had been long desired. Here it had to be decided whither the party should permanently locate, the places receiving the great- est favor being the Santa Clara Valley, Napa, and Sonoma. Mr. Allen with his brothers and sisters elected for Santa Clara, to which place they at once set out in company with Elam Brown and his family On arrival at the San Joaquin it was found necessary to swim the entire train across its turbulent waters. The journey was now continued to the rancho of Robert Livermore, and here, in October, 1846, Mr. Allen camped on the site of the prosperous town which bears the patronymic of the English pioneer. Following through the Sunol Valley, and passing the Mission of San Jos^, they emerged on to the Santa Clara Valley, went through the Pueblo de San Jose and three miles further came to a halt at the Santa Clara Mission, where they located. Mr. Allen now enlisted in the military company raised by Capt. Charles M. Weber, the services of which are detailed in our chapter on the Military Occupa- tion of the northern portion of Upper California, and with it took part in all the stir- 838 History of Alameda County, California. ring incidents of that campaign. In the year 1847 he met his father, whom he had not seen since leaving him at Fort Bridger, and subsequently, with his brother-in-law, William M. Mendenhall, took up his residence on a ranch about six miles from Santa Clara, which Mr. Allen, Senior, had purchased. Here our subject resided until the discovery of gold. As soon as this startling intelligence was announced, Mr. Allen immediately proceeded to the American River, and engaged in mining for a month, at the end of which time he returned to the ranch, he there with Mr. Mendenhall made a gold-rocker — the first seen in the State — and returned to the mines. Taking with him pack-mules he commenced selling goods in partnership with Warren Brown throughout the diggings, and remained there until the fall of 1848, when he returned to the farm in Santa Clara Valley. His father, who had remarried in Oregon and made his home there, now sent for our subject .and his younger brother and sister to join him. After a rough and tedious voyage of forty-bne days, fourteen of which were passed on the bar at the mouth of the Columbia River on account of water being frozen to a depth of eight inches, and the voyage up the river made in a canoe, they arrived in Portland, when they proceeded to Salem. Mr. Allen's stay in Oregon was short. At the end of four months he returned to California and embarked in a mule- freighting business between Sacramento and the mines. During the winter of 1849- 50 he bought cattle and wintered them at Cache Creek. In the year 1849 he and Jones Spect laid out the town of Fremont at the confluence of Feather and Sacra- mento Rivers. In 1850 he was appointed Sheriff of Yolo County by Governor Bur- nett, in which office he served two years. At this period, owing to the depreciation of property in Fremont, he lost a considerable sum of money, he consequently returned to Santa CLira, while his brother-in-law, William M. Mendenhall, went into the stock business there. In the spring of 1853 these gentlemen moved into Contra Costa County, but in that fall Mr. Allen proceeded to Carson Valley to meet the immigra- tion for the purpose of buying horses, establishing his headquarters on Clear Creek, twelve miles below Mormon Station: but remaining here only a few weeks he went to Rag Town and there encountered Martin Mendenhall with his father and family. At this time Mr. Allen first met Miss Sidesia Mendenhall, the lady he afterwards made his wife. With Mr. Mendenhall our subject returned to Contra Costa County and purchased the farm in San Ramon Valley now owned by William W. Cox, where he remained three years, after which he bought a ranch in Tassajara Valley, where he engaged in stock-raising for three years more. He now sold out the majority of his cattle, retaining three hundred head of the best, and entered into a partnership with Elisha Harlan, and thus continued for three years further. Mr. Allen now transferred his habitation to Alamo, and afterwards to Martinez where he remained until the fall of 1 86 1. At this time he moved to San Francisco with the intention of acquiring real estate there, but engaged in mining in Virginia City, Nevada, and Reese River. Dur- ing these last years Mr. Allen suffered much from sickness, and was consequently not as successful in accumulating the goods of this world as he otherwise might have been. He now engaged in the livery business, which he continued until 1865, when, disposing of it, he was appointed by Governor Haight Adjutant-General of Militia for the State of California, the functions of which office he discharged for three years About this time Mr. Allen's sight oegan to fail him; he therefore repaired to Santa Clara for a three months' rest, after which, he returned to San Francisco, where he was pros- trated by asthma. To seek his health he came to Livcrmore, Alameda County where he has smce resided, engaged in real estate operations. Colonel Allen was present in Mexico during the Maximilian War. Mr. Allen's family consists of one son viz ■ Eugene D. born in San Ramon, Contra Costa County; Delora Belle, now the wife of Doctor Biddle, Healdsburg. WashbuRNE R. Andrus.— Was born in Farmington, Hartford County Connecti- cut September 23, 1841, where he received his education and learned the carpenter's trade, at which he has always worked, save during seven years, when he served as Biographical Sketches. 839 a policeman at Hartford, of which city he was finally elected Captain of Police. In this position he made an excellent record. Coming to California in the year 1873, he at first worked in the San Francisco Manufacturing Company's Works, but subsequently took up his residence in Oakland, where he followed his trade. The rise of the Work- ingmen's Party found him at his bench, prior to which he had been identified with the Republicans, but joining the labor movement he became one of the organizers of the famous Peralta Street Club. Elated by recent successes in electing State Senator Bones to the Legislature, they determined to take part in the election for city officials of Oak- land, and on February 19, 1878, at the nominating convention held in Germania Hall, Mr. Andrus received the nomination for Mayor, being elected to that high office by a majority of two hundred and ten votes, his opponent being William B. Hardy of Oakland. In 1879 Mr. Andrus was re-elected to the office by, strange to say, the same plurality, the citizens' nominee on the occasion being Major D. W. Standeford, one of the proprietors of the Oakland Planing Mill. While Mayor Andrus was in office he used his opportunity judiciously, while his two messages are official docu- ments that bear evidence of deep thought and a practical mind; indeed, so much was he thought of that he was appointed Secretary of the State Board of Railroad Com- missioners upon the organization of that department, and, notwithstanding a change in the Government, has been retained to perform the onerous and arduous functions of that position with the second Board. F. A. Anthony. — Was born in Cayuga County, New York, May 14, 1846, and there resided until November, 1854. In this month Mr. Anthony, his parents, Wm. and C. C. Anthony, two sisters and a brother sailed for California via the Nicaragua route, and arrived in San Francisco in December of the same year. After a short time passed in the Bay City our subject and his parents moved to Santa Cruz and there he was in part educated. After serving his apprenticeship at the tinsmith's trade with his father, his schooling was continued in the Brayton School, Oakland. On his return to the home of his father, he engaged as hardware clerk to the successor of his father in business, which he followed until coming to Alameda County in December, 1869. He now settled in Livermore and commenced business in the old town of Laddsville, and in 1872 erected his present store buildings and opened the hardware emporium he now conducts. Mr. Anthony was the first Treasurer of the town of Livermore, and was the Town Clerk during the terms 1880-81 and 1881- 82. He married in Santa Cruz, February 28, 1872, Miss Mary S. Newell, a native of the city of New York, and has no issue. LOREN B. Anway. — Was born in Seneca County, Ohio, January 14, 1829, where he resided until his coming to California, being previously engaged in farming. On May i, 1852, he left the Mississippi River in company with W. H. Parker, of Marysville, with a party of seventy-four persons in a passenger train and arrived in Yreka, Siskiyou County, August 7th of the same year. Having engaged in mining for six years he returned to Ohio in 1858, but, in 1861, came back to California and settled in Siskiyou County. Having maintained a residence there until March, 1864, he once more paid a visit to the Eastern States. The same year saw him back on the Pacific Coast, however, bringing with him a band of cattle. In 1865 he located in Alameda County on his present farm, comprising one hundred and sixty acres, where he is now engaged principally in fruit-culture and stock-raising. He has twenty- six acres of as fine an orchard, stocked with various kinds of fruits, as is to be seen anywhere. Mr. Anway has held the office of Roadmaster, while he has for nine years been an active and prominent member of the Eden Grange, of which he has served two terms as Masten Married in Ohio, June 23, 1859, Miss Fannie J. Horton, and has, Clayton L., Dora, Jay B., Mary, Katie. Fred. D. Arff. — Was born in Keil, Holstein, Germany, on the Sth of February, 1822; and resided there with his parents until sixteen years of age, when he had a great desire for the sea. He led a seafaring life for sixteen years, sailing on various freight an J 840 History of Alameda County, California. passengers vessels, and entered mostly all the principal ports on the continent. In 1852, on the nth of May, he arrived at San Francisco on the clipper ship yi3/%« Stewart, and landed at long wharf on Commercial Street. At the time he landed he was penniless, but was fortunate enough to get free board and lodging for a couple of days. Soon after his arrival he went into the mining occupation. The first mine he entered was at Woods Creek, between Jamestown and Sonora, where he discovered from eight to ten dollars' worth of gold daily. He remained there six months, when he went back to San Francisco, where he again took up his old occupation for six months on a sailing ship, carrying lumber from Oregon to San Francisco. After leaving the latter ship he met an old mate of the John Stewart, "by the name of James Wood, who got him a situation in a store at the corner of Union and Battery Streets. At the end of twenty-three months he embarked in a draying business until 1856, when he came to his present place, comprising two hundred and eighty acres of land at Mount Eden. On the i8th August, 1857, he married a Miss Louise D. Liese, of Hesse-Cassel, Germany. Five children were the result of this union, of which two sons and two daughters survive. Capt. George Atkinson. — Was born at Mountville, Waldo County, Maine, September 26, 1836, being left an orphan at eleven years of age. On March 4, 1852, being then but sixteen years old, he went to Syracuse, New York, and there found employment in a drygoods store, where he continued five years, on the expiration of which time he moved to Lyons, Ionia County, Michigan, where he was engaged in a like business for two years. He then proceeded to Fulton, Whitesides County, Illinois, and after a year to LakeCity, Wabasha County, Minnesota; he there engaged in the commis- sion business and resided until his coming to California. When the Civil War broke out. Captain Atkinson on April 26, 1861, enlisted in Company I of the First Minne- sota Regiment of Infantry, and leaving Red Wing on the 27th of May proceeded to Washington, where they were assigned to Franklin's brigade, and took part in the first battle of Bull's Run. Subsequently he was attached to Sedgwick's division of Simm's corps of the army of the Potomac, and was present in all the engagements until August 8, 1862, when he mustered out for promotion at Harris Landing, Vir- ginia. He now returned home, and on August 26th of the same year took command of Company G, Eighth Minnesota Volunteer Infantry, and with it proceeded to Fort Abercrombie, Dakota, where he was quartered for eighteen months under General Sibley in the first instance and afterwards under General Sully, their duty being the subjection of refractory Indians. In the summer of 1864 Captain Atkinson was detailed with two hundred men to proceed to the relief of certain emigrants who were held in check by Indians about two hundred miles west from Fort Rice, which duty being successfully carried out, they marched back to Sioux City, Iowa, thence to Du- buque, and then followed his regiment,which he joined at Murfrecsborough, Tennessee, and was appointed Brigade Inspector of the Third Brigade, First Division of the Twenty-third Army Corps, with which he remained until the clo.se of the war, having been engaged in the great fights at Nashville, Franklin, and Murfreesborough. After the battle at Nashville the corps to which Captain Atkinson was attached followed Hood to the Tennessee River, where the Captain sustained the well-earned reputa- tion of Minnesota troops for bravery on the field of battle, whence they were trans- ported to Washington, where they arrived in February, 1865. Here they embarked in transports for Fort Fisher and thence to Newburn, North Carolina, then following up the railroad to Kingston, and onward to Goldsboro' there joining Sherman's army with which they proceeded to Raleigh, North Carolina, and finally halted until August, 1865, at Charlotte, in that State. On the 26th of the same month his regi- ment was mustered out of the service and returned home, he never having received a scratch, although being in the thickest of the fray in many a hot engagement. Upon his return to Minnesota, as we have already said, Captain Atkinson engaged in the commission business in Lake City, where he resided until 1872, when he embarked in a Biographical Sketches. 841 grocery store in St. Paul, Minnesota, and there remained until November 1874, when, with his wife and family, he came to California and made his home in San Francisco. His first employment there was for one year in the Assessor's office, after which he entered upon his present position in the General Freight office of the Central Pacific Railroad Company. In 1876 he transferred his residence to East Oakland, and for the last four years has been secretary of the Cosmopolitan Mutual Building and Loan Association. Married in Lake City, June 7, 1866, Miss Maria Kellogg, a native of Pennsylvania, and has five children, viz.: Frank, Sue, Blanche, Nellie, Hardy. Nathaniel L. Babb. — Was born in Saccarappa, Cumberland County, Maine, January 14, 1837, where he received his education and resided with his father, who owned and carried on an iron and brass foundry. Was a molder and foundryman until starting for the Pacific Coast. On June 16, 1852, being then fifteen years of age, our subject sailed for California by way of the Isthmus of Panama, and arrived in San Francisco per steamer Daniel Webster, on the 9th August of the same year, coming direct to J. B. Sweetser's farm, at what is now Centreville, Alameda County, where he continued until the fall of 1857, when he revisited his home in Maine. During his absence his parents had removed to Portland, where he spent the winter of 1857-58. In the following spring he returned to California and located on his present place, having previously purchased a hundred acres of land situated three miles west from Washington Corners, has there made many extensive improvements and resided ever since, with the exception of a trip, starting in April, 1863, and returning in October, the same year, to Washington Territory by the way of Carson, Humboldt, Snake, Burnt, and Powder Rivers, back across the Blue and Cascade Mountains to Eugene City, Oregon, thence back by stage road through California home. He went on horse- back, as a great part of the way there was not even a trail. He also made a visit to Arizona by Tulare Lake, Fort Tejon, Mohave River to Fort Mohave thence returning by San Bernardino, Los Angeles, and then the coast road home. Went with light spring wagon. His companions returned from Los Angeles by steamer, but he returned on horseback with as many of their animals as were able to stand the trip. They started in the fall of 1863, returning in January, 1864. Mr. Babb occupies himself with general farming and running a threshing machine in the proper season. Beyond being one of the organizers of the Washington Township Pioneer Association and one of its charter members, Mr. Babb has held no office. Our subject also owns one hundred and sixty acres of land on the Patterson Pass road seven miles from Livermore, which he leases. Captain Thomas W. Badger. — The subject of this sketch, one of Oakland's best- known citizens, was born in Northampton County, Virginia, July 28, 1827, and is the son of T. W. and Margaret (Chearn) Badger. Having resided with his parents until he was fifteen years of age, he then commenced a seafaring life, which lasted until 1849. In that year, so dear to every pioneer, our subject came to California and entered upon the navigation of those streams which before that time had known no more violent commotion than the ripple left by the native canoe, or the wake behind the whale-boat of the more advanced settlers. Settling in San Francisco, Captain Badger engaged in the shipping business, having several vessels employed not only navigating the coast and inher waters of California, but also in the Sandwich Island, Chinese, Australian, Mexican, and Japan trades. In the month of September, 1857, he took passage, with his wife, in the ill-fated steamer Central America from Aspinwall to New York, during which, so bad was the weather experienced, she shipped green seas from figure-head to stern, putting out the engine-room fires and leaving the vessel a helpless wreck, to the mercy of the waves. The master and offi- cers were lost overboard, therefore Captain Badger took command of the craft, which, by his great experience, he kept afloat until relief was obtained from a Norwegian bark, who cared for the survivors. To his skill and management are due the saving of the remainder of the lives, two hundred of whom were duly taken from the wreck S4 842 History of Alameda County, California. four hours before she sank. On his landing in New York, the intrepid conduct of Captain Badger was rewarded by a committee of its citizens, with the presentation of a handsome silver trumpet, bearing the following well-deserved tribute: "Presented to Captain Thos. W. Badger, by the Central America Fund Committee, in token of their high appreciation of his conduct on board the steamer Central America, at the time of the loss of that ill-fated vessel. Petitia Perit, President; Lloyd Aspinwall, Secretary. New York, May 17, 1857." Remaining at the East until 1861, in that year he returned to California, and coming to Alameda County purchased the beauti- ful demesne which he has since transformed into one of the most beautiful public parks in the State. Early in 1872 he commenced building the large pavilion and pre- paring the ground ere thowing it open to the public. His improvements cost him between forty and fifty thousand dollars, but this immense outlay has been rewarded by perennial success. During the administration of Governer Haight be was called upon to discharge the functions of Pilot Commissioner for the port of San Francisco, and also under Governor William Irwin's administration he held the same office. At a still earlier date he was Marine Surveyor for one of the principal insurance companies in that city. He married, December 29, 1856, Mrs. Jennie A., widow of Captain Chas. A. Falkingburg, by whom he has no issue. J. Edward Baker. — Was born in Wyoming County, New York, June 24, 1849, and is the son of James and Nancy (Guffin) Baker. Receiving his education at the University of Rochester, he subsequently became a telegraph operator in the city of Buffalo, an occupation he continued until coming to California in the year 1871. After being engaged for a short time in the telegraph service in San Francisco, he transferred the field of his operations to Santa Clara County, and accepted a position in the San Jose Savings Bank, where he remained until 1878, when he was dispatched by Mr. Hinds to assist in the organization of the First National Bank at Alameda, in which he has since held the position of Cashier. He married April 17, 1876, Miss Carrie Packard, a native of Boston, Massachusetts, and has two children, viz., Alice and Carleton. Hugh Bankhead.— Was bom in Cumberland, Alleghany County, Maryland, April 22, 1846, and there resided until two years of age, when he was brought to Missouri, then to California, by his parents, arriving here at seven years of age. First settling in Plumas County, they abode there four years, when they moved to Honey Lake Valley, Lassen County, where they dwelt for a further period of six years. Here our subject worked on his father's farm until 1863, when he transferred his resi- dence to Oakland, and attended the College of California for three years. In 1866 he engaged in the auction and furniture business, which he still continues in Oakland, at Nos. 911 and 913 Washington Street. Married in 1872 Miss Eva J. Weider, and has two sons, viz.: Malcolm Houston and David Boyd. Antonio Bardellini.— Was born in Lerci, Italy, and there spent his early life, having, when quite young, adopted the sea as a calling, and as such visited most parts of the known world. The year 1850 found him in California, and in San Francisco engaged in the fishing business for' several years. After passing a good many more years in the mines, he went to Mexico, and embarked in the dry- goods business, and on his return once more tempted fortune in the gold-yielding canons of the Sierras. He once more, after this period, commenced fishing for the San Jose market, and in 1858 opened a general merchandise store at Mission San Jose, where he resided six years, when he came to Alisal, now Pleasanton, and opened the first hotel in that place, it being a portion of the present Rose Hotel, and then known as the Pleasanton Hotel. In the year 1867 he came to Laddsville, built a hotel there and conducted it for four years, when he purchased the ranch now occu- pied by Mr. Robinson, and set out the first vineyard in that locality. On the destruction of the hotel by fire in 1872, he continued farming until 1874, when he disposed of his farm and moved on to his present property, which had been pur- Biographical Sketches. 843 chased by him some time previously, consisting of half a block on the corner of First and L Streets, in the town of Livermore, to which many extensive improvements have since been made, all of which have developed into the Washington Hotel, one of the leading hostelrie's in the prosperous town of Livermore. Married in San Francisco October 20, 1862, Maria Lometti, a native of Italy, and has four children, viz.: Joseph B., Corinne J., Furrello J., Emil A. Henry S. Barlow (deceased). — Was born in East Dougall County, Pennsyl- vania, July 19, 1820. Having served his apprenticeship to the miller's trade, in the year 1847 he proceeded to Iowa, and there followed his calling until starting for Cali- fornia in 1852. On arrival he at once proceeded to the mining districts, and after remaining there until 1854, in that year came to the Encinal of Alameda and embarked in agricultural pursuits. He subsequently tried his hand at teaming for a short time. Mr. Barlow had held the office of Constable for Alameda, as well as the position of School Trustee, and in 1863 commenced the erection of the Loyal Oak Hotel, where he died January 29, 1878. Married February 9, 1848, Miss Susan Keiser, a native of Bloomfield, Perry County, Pennsylvania, by which union there are four surviving children, viz.: Elizabeth C, Albert, David K., Mary J. W. P. Bartlett. — The subject of this sketch, for six years a resident of Liver- more, was born in New Portland, Maine, in 185;;, and is consequently twenty-seven years of age. He completed his schooling at filFteen, learned the printing business, and worked for several years as a journeyman in Boston, Philadelphia, and San Fran- cisco, before becoming of age. In January, 1877, he resigned a lucrative situation in the last city, to engage in the newspaper business in this county, starting, with a very limited capital, the Livermore Herald, now a well-established and influential journal. Two years ago he added the real estate business to his newspaper work, in which his success has been without precedent in that section of the county. By this means, and through the columns of his paper, he has succeeded in bringing many new settlers to Livermore Valley. He was one of the first to make known abroad its resources, having written and published in 1878, a pamphlet of forty pages descrip- tive of its advantages, which obtained a large and wide circulation. He is an active member of the Pacific Coast Press Association, and aside from his regular literary work and business, an occasional contributor to the San Francisco press. Series of articles from his pen, on the scenery of the high sierras, published in the Chron- icle in June last, have been copied by numerous of the larger Eastern journals and in Europe, besides being quoted as authority by Omman's new guide-book to this State. He possesses a decided fondness for mountain scenery, and makes fre- quent trips through the Coast Range and Sierras, each of which adds to a fund of information, for use in subsequent literary work. He is, moreover, an active, enegetic business man, and an earnest worker for the best interests of every section of Livermore Valley. Richard Barron. — The subject of this sketch, whose portrait will be found in this work, is the son of Edmund and Ellen (Helin) Barron, and was born in County Tipperary, Ireland, June 22, 1824. He accompanied his parents in 1834 on their emigrating to the United States, and with them settled in Cleveland, Ohio, where our subject resided until coming to the Pacific Coast in search of health. Starting from St. Joseph, Missouri, on May i, 1850, with wagon and horses, he made Hangtown, now called Placerville, in ninety days, where, selling his animals, he purchased a min- ing outfit and tried his luck in Hangtown Canon. Two or three days of gold-seeking were enough for him. He at once proceeded to San Francisco and commenced dray- ing, which following, at the end of five years he abandoned and betook himself to Alameda County in 1855, where he located and began farming on his present estate, comprising seventy-five acres of arable land and fifteen hundred ot marsh-land. Is also in the business of shipping of freight and storage of grain and hay, and manufac- turing of salt, etc. Married August S, 1852, Miss Mary Foley, a native of Ireland, 844 History of Alameda County, California. and has five surviving children, viz.: Ellen, now Mrs. J. Scribner; Katie, now Mrs. T. Stratton; Emma, now Mrs. H. C. Martin; Richard, and James. William Barry. — Was born in Rochfort Bridge, Westmeath, Ireland, October 2, 1831, and there resided until fourteen years of age. Afterwards he served two years in the office of a solicitor in Dublin, but getting tired of the musty tomes and crisp parchments of this "limb of the law," he shipped on board the Forest Monarchy bound on a voyage from Liverpool to New York, subsequently proceeding to St. John's, New Brunswick, whence he sailed for Greenock, Scotland; but on the passage suffered shipwreck on the Arran Isles, on the northwest coast of Ireland. The crew landed on the island of Inniskerragh, and stayed by the hulk for nearly a month. They soon separating, our subject found his way home after a weary walk of a hundred and eighty miles, and an absence of six months. Mr. Barry followed "a life on the ocean wave" for several years, during his cruises visiting nearly all parts of the world. In the year 1851 we find him in Australia, reaching Port Phillip in the first year after the gold discovery there, whence he sailed for South America, etc. On May i, 1852, our subject arrived in the harbor of San Francisco with a cargo of coal from Valpa- raiso, but soon after left his ship and found employment with the Pacific Mail Steam- ship Company for one month. Mr. Barry next was for a short time engaged in Contra Costa County, working for William Castro. He then went to San Francisco; and finally came to Alameda County July i, 1852, and obtained work from E. L. Beard and Millard Brothers, until 1854. In the summer of 1855 he started in the manufacture of grain-sacks in Centreville, in partnership with Richard Wilson, and in the fall of that year purchased the lot whereon "now stands the store of Saltz & Co., on which a building was erected, and our subject opened a store of general merchan- dise. This business he conducted until 1857, when he sold out and embarked in sheep-raising, an occupation he abandoned in the fall of 1861, when, meeting with some serious reverses, he left the county for the first time since his arrival in it. Pro- ceeding to Monterey County, he there became superintendent of the extensive ranch of Colonel Hollister, where he remained until the summer of 1863, at which time he went into the employ of Searle & Wynn, when he was prostrated from sickness. On his recovery, Mr. Barry returned to San Francisco, and in April, 1864, took charge of the ranch of J. B. Wynn, near Hollister, in whose employ he continued till the fall of 1866. He now engaged in the book business until 1869, in which year he returned to Alameda County, purchased his present place of fifteen acres, situated a mile and a half east of Centreville, and where he cultivates fruits and herbs. John Barton. — This gentleman, whose portrait appears in this work, is the son of Elijah and Hannah (Ward) Barton, and was born in Leicester, Worcester County, Massachusetts, September 13, 181 3. In 1 8x8 he removed, with his parents, to Kent^ Litchfield County, Connecticut. Having received his education in the common schools of that place, at the age of nineteen years he obtained a clerkship in a mer- cantile establishment there, and remained until the year 1838. Being then twenty- five years of age, he removed to Buffalo, New York, and in 1839 embarked in business, which he continued six years. For the succeeding two years he resided in Cincinnatus, Cortland County, New York, following the like avocation, and then emi- grating to Richmond County, Ohio, there connected ■ himself with the firm of P. B. Cornwall, and remained until he determined to try his fortune in the Land of Gold. On March 15, 1850, taking passage per steamer Cherokee, Mr. Barton sailed for Chagres, thence proceeding to Panama, he there boarded the /"«««;;?«, and anchored in San Francisco Harbor April 21, 1850. Like nearly all pioneers of that date our sub- ject went to the gold-bearing regions. For the first two months he wielded' the pick and rocker at Georgetown, El Dorado County; but this he soon abandoned and returnmg to Sacramento in the month of October, embarked in the auction and 'com- mission business, on First Street, between J and K Streets, under the style and firm of Barton & Boolden, subsequently known as Barton & Grimm. In the year 1855 Biographical Sketches. 845 our subject entered into the salt trade under the firm name of Barton Brothers, and in 1858 commenced the importation of that commodity from Carmin Island, opposite the town of Loreto, in the Gulf of California. On March 25, 1868, the Union Pacific Salt Company was organized, and the most extensive salt-making concern on the Pacific Coast established. After incorporation, the company purchased Rock Island, containing about one thousand acres and situated in Washington Township, at the debouchure of Alameda and Eden Creeks. In 1870 work was commenced, and in 1873 it was so increased that employment was given to a large number of men. A his- tory of this industry will be found on page eight hundred and twenty-four of this work. On the organization of the Union Pacific Salt Company, Mr. Barton was chosen to fill the position of its President, an office he has since occupied. But this has not been the only enterprise on the coast with which our subject has been associated. He was one of the original promoters of the Sutter-street Railroad, San Francisco; in 1863 he became a director and a member of the Finance Committee of the Fireman's Fund Insurance Company, positions he now holds in that institution. In 1872 he located in Alameda, and in 1879 ejected his present fine mansion in that town. In Mr. Barton we have another of those living examples of what a life of earnest industry can attain. His resolve "to be up and doing" has brought wealth and its adjuncts of comfort and freedom from care. "The whips and scorns of time" have passed him by, and at the "grand climacteric" we find him leading a peaceful and contented life, surrounded by the much-to-be-desired solace of a comfortable home and a happy family. Married October 14, 1858, in Buffalo, Miss Isabella Barton, a native of that city, by whom he has: William Ferris and Grace Thompson. Elias Lyman Beard (deceased). — The subject of this sketch was born in Lyons, Wayne County, New York, October 15, 18 16, but when quite young was taken by his parents to Jackson County, Michigan, and in the following year to Peru, Miami County, Indiana, where he assisted his father who was a contractor, and later took contracts for himself; among the enterprises he was engaged upon being the con- struction of the Wabash and Erie Canal. In 1836 he settled in La Fayette, Tippe- canoe County, in the same State, where he was engaged in grain and saw milling, being shipper of the first load of grain on the above-mentioned aqueduct. Later he engaged in the pork-packing trade, and owned a stone quarry in that place, while to him is the honor of having shipped the first load of corn from the State ■of Indiana to the New York market. In 1844 he contracted to build for the Govern- ment, and saw to their completion the splendid docks of the Navy Yard at Memphis, Tennessee; after which.he returned to his home in La Fayette, and conducted his milling, ■quarrying, and mercantile pursuits, until he made up his mind to tempt fortune on the Pacific Coast. Leaving Indiana in February, 1849, he proceeded to New Orleans, and there took ship for Matamoras, whence he made the journey across Mexico to Mazatlan, at which place he secured a passage on board the Government boat Edith, among the passengers being Mr. Sam. Martin of Oakland, and arrived, in San Francisco in May, 1849. After passing a month traveling through portions of California he finally settled at Mission San Jose in June of that year, and became largely interested with John M. Horner in land there. It was a bold venture at the time — this purchase of some thirty thousand acres — the Pico interest in the Mission Grant. The title to the land was so uncertain that it was a great risk to lay out money on it. Fences had to be made of wire, and the miles and miles required of it cost a great deal of money. Farming implements, too, were expensive, and the price of labor was very high. Of course the interest on money was high also, and the result of the farming experiment was considered at that time very uncertain. All flour, as well as other supplies, were being imported from the East, and there were as yet no mills to grind the wheat in California, if it could be grown. But Mr. Beard was a man for large enterprises, and of indomitable courage, and in spite of all obstacles and risks he entered upon the business of grain and fruit raising on what 846 History of Alameda County, California. then seemed to be a magnificent scale, and the result fully justified the soundness of his judgment, and demonstrated the agricultural capabilities of the country. In 1852 he had six hundred and forty acres of grain that yielded, on the average, fifty- six bushels to the acre. His yield of potatoes was sixty thousand bushels, averag- ing, for the most part, three hundred and thirty bushels to the acre. According to the Rev. Dr. Willey, in the Pacific of May 19, 1880, the size of these potatoes was something marvelous. It was common to find some of three pounds weight, and frequently those weighing from three to five pounds. He says: "I remember during one day at Mr. Beard's, when there were nine of us grown persons at the table, and a single potato, weighing four pounds, served us all, and there was plenty left for three persons who came afterward, and both the quality and the flavor were unexceptionable." The Mission orchard inclosure then comprised fifteen acres. Besides vines, fig-trees, olives, peach, and quince trees, there were in this orchard three hun- dred and fifty full-grown pear-trees. The yield of one of the largest of these trees was fifteen hundred pounds of fruit, the gross income from which was $400. The gross receipts from the vineyard in the year 185 1 were $16,000. Having been joined by his wife, a son, and step-son, Mr. Beard took up his residence on land purchased from Thomas O. Larkin, and from the produce of the old orchard acquired a hand- some competency. But such were his sanguine hopes of the future of California that he invested all his means in partial payments upon ranches, and the depression in values which soon followed swept away all his accumulg-tions, and left him a poor man. In the year 1858 he took charge of the Mariposa estate in connection with General Fremont, but this undertaking proving a failure, he then contracted to pur- chase a mile square of land, embracing the now town of Salinas, expended largely in fencing, and put in a crop of wheat, but the season proved unfruitful, and he lost his investment. At the beginning of the Civil War he joined General Fremont at St. Louis, and distinguished himself for his energy and force of character by the rapidity and zeal with which he executed contracts for fortifying the city — contracts which amazed people by the brief time allowed to fulfill their requirements. In 1865, himself and his step-son, Henry G. Ellsworth, procured a perfected title, by patent from the United States, to nearly four thousand acres of land on the ex-Mission of San Josd, and were again the possessors of a competency. But not content with this, his sanguine disposition led him into sundry enterprises, embracing an attempt to develop an oil-well at Matole, Humboldt County, and to open mines in various parts of the country. After speculations, all of which proved unsuccessful, he made an attempt to recuperate these losses by dealing in mining stocks, which finally swept away his entire fortune, and he died. May 8, 1880, so far as worldly goods are concerned, a poor man, leaving a widow, who is beloved by all who know her a woman endowed with the finest social and tenderest womanly qualities of char- acter; and a son, a sketch of whose life is given below. Mr. Beard was the first President of the California State Agricultural Society, organized in 1854, and the first fair under his administration, in what was then known as the Music Hall, San Francisco, proved most satisfactory and prosperous. John L. Beard.— The son of the above, E. L. Beard, was born in La Fayette, Tippecanoe County, Indiana, June 18, 1845, and there resided until his coming to California with his mother in 1850. He lived with his father at the Mission San Josd until the year 1867, when he took up his abode on his present place, about two miles and a half from Centreville, where he is engaged in farming and fruit- raising. Married, and has two children, namely, Jessie and Eldridge L. Hon. James Beazell.— This well-known gentleman of Alameda County is a native of Pennsylvania. Born in Westmoreland County, October 30, 1830, where he resided until he attained the age of twenty-one years. He then came, via the Missis- sippi River, Gulf of Mexico, across Texas and Mexico, to California, arriving in San Francisco July 19, 1852; coming immediately to Mission San Jose, where he Biographical Sketches. 847 found employment for a short time at his trade of blacksmithing, and then went to Alvaraflo; and finally, in 1853, located in Centreville, where he carried on business until 1862, when he moved to Washington Corners, and in August, 1868, transferred his business to the thriving town of Livermore; and in 1878, in connection with his brother, erected their present shop on Lizzie Street, where they transact a general blacksmithing business, under the firm name of Beazell Brothers. In the fall of 1875 Mr. Beazell was called from his anvil by the voters of Alameda County to represent them in the State Senate, a position he was re-elected to in 1876, filling all the functions of that high office to the satisfaction of his constituents and honor to himself In January, 1871, our subject was united in marriage, in San Francisco, to Miss C. W. Veirs, a native of Ohio, by which union they have two children, Ella B. and Jessie M. Benajah Benedict. — This much respected pioneer of Alameda County, whose portrait will be found in this volume, was born in Addison County, Vermont, Decem- ber I, 1825, and is the son of Jonas A. and Soloma (Towner) Benedict. His parents moving to Crown Point, Essex County, New York, when he was six years of age, there he received his education, grew to manhood, and resided on his father's farm, until determining to tempt fortune on the Pacific Slope. On April 20, 1852, he sailed in the bark Southerner, around Cape Horn, for San Francisco, where he arrived on the 22d of October. It was not to loiter in that city that he had braved the dangers of the deep and made the wearisome voyage; no, he almost immediately went to the gold-producing canons of the Sierras, but not finding there the riches that he had expected, he made his way back to San Francisco, and there remained until January II, 1853. At this date he first came to the Contra Costa, for Alameda County had not yet been created, and, locating in the vicinity of Union Cit}', embarked in farm- ing operations on the land at present owned by John Shinn. There he remained until October, 1853, when he removed to the Encinal of Alameda, and commenced agricult- ural pursuits on land now owned by Capt. R. R. Thompson, and upon which that gentleman has erected his handsome mansion. In December, 1854, he transferred the scene of his labors to Bay Farm Island, rented land from Mr. Cleveland, on which he farmed until 1856. In the following year he was associated with Mr. McDonald in tilling the soil, and in 1859 he erected and occupied the house in which he now resides. Mr. Benedict owns on the island about seventy-five acres of land, which is chiefly devoted to the raising of asparagus and hops, while he is largely interested in the latter industry with Jacob B. Shirk, in Washington Township. This enterprise Mr. Benedict has succeeded in bringing to a high state of perfection, and with the high prices ranging during the past year for that commodity the yield has added considerably to his already well-filled coffers. The benefits that he has conferred upon the small community of the Island are many. His advocacy and .support of our public school system shows that he firmly believes that the only royal road to knowledge is by the early training of the young, and that it is the "mind that makes the man." Married, February 19, 1857, Mrs. Persis A. (Cleveland), widow of Chester Hamlin, who has two surviving children. Newton Benedict. — Was born in Rhode Island, September 15, 1825, and is the son of David and Margaret (Gano) Benedict. He received his education in his native place, and there resided until seventeen years of age, when he went to Boston and became connected with the Boston Daily Times newspaper, at that time the lead- ing daily morning paper in that city. Here Mr. Benedict resided most of the time until his departure for California. The father of our subject was a distinguished divine of the Baptists, and was the historian of the denomination, an erudite article which will be found in extenso in the Encydopmdia Britannica. On March 4, ] 849, Mr. Benedict sailed from Boston in the ship Charlotte by way of Cape Horn for the Pacific Coast, and after a voyage of one hundred and ninety-two days, with all its attendant discomforts, cast anchor in the harbor of San Francisco. Proceeding a 848 History of Alameda County, California. once to the mining county of El Dorado, he there embarked in a mercantile business' which he continued until 1854. In that year he returned to San Francisco for a short time, and subsequently located in Todd's Valley, Placer County— eighteen miles above Auburn, on the divide between the north and middle forks of the American River. Here he dealt in merchandise until 1862. He next passed four years partly in Washington Territory and in the State of Nevada, still being engaged in the same business, and in 1866 came to Alameda County, located in Oakland, and assumed the affairs of several fire and life insurance agencies. In 1867 Mr. Benedict filled the office of Recording Secretary to the State Legislature of California; performing its functions the last three sessions in the senate until the year 1879-80. In l875> he embarked in real estate transactions which he now continues, being associated with James R. Capell, under the style of Benedict, Capell & Co., real estate agents, and notaries public, at No. 457 Ninth Street, Oakland. Mr. Benedict married, September 14, 1853, Fanny S. Burrows, «/e Sowles, ^ native of New York, and has: Anna H., and Harry G. Robert H. Bennett. — Was born in Baltimore, Maryland, in the year 1826, and is the son of John and Elizabeth S. Bennett. Having received his education in the ordinary schools of that city, he entered the counting-room of a grain commission house where he remained until 1849. On the 25th January of that year he sailed from Baltimore in the ship Jane Parker by way of Cape Horn to San Francisco, where he arrived July 21, 1849. Mr. Bennett and two others on landing pitched their tent on the site now occupied by the Clay-street Bank, and there established a mercantile store, which was carried on with much success until the ne^'er-to-be-forgotten May fire of 1850. Notwithstanding this disaster the business was immediately started under the style and firm of Bennett & Kirby, hardware and commission merchants, and con- tinued until July, 1851. Mr Bennett now entered the commission and produce trade under the name of R. H. Bennett & Co., but in 1855, upon forming a copartnership with H. G. Blaisdell, ex-governor of the State of Nevada, the same business was car- ried on in the store-ship Steiglitz at what is now the corner of East and Washington Streets. At the end of a year the firm resumed its old style of R. H. Bennett & Co., by which it is still known and highly respected in San Francisco. In 1878 Mr. Bennett came to Haywards and took the warehouses there. He with his family were residents of Oakland between the years 1864 and 1876, in which latter year they moved to Fruit Vale, where they at present dwell. • Mr. Bennett is married and has a family of two children surviving. Augustin Bernal. — Was born in San Josd, Santa Clara County, California, May 25, 1848. His father, Augustin Bernal, who died June 19, 1872, was born at the Santa Teresa Rancho, in Santa Clara County, and was eighty-seven years of age at the time of his demise. For more than twenty years he served as a lieutenant in the Mexican army, for which he received eleven leagues of land in the San Ramon and Livermore Valleys, known as the Rancho El Valle de San Josd, and which he divided equally with his brother Juan Pablo Bernal, and two sisters. As patented, the rancho contained forty-eight thousand acres, and extended from Sunol Valley to Livermore. He was twice married, and left a widow and large family of sons and daughters to mourn his loss. He was much respected for his honesty, integrity, genial and generous disposition, while, he was an exception to the general run ' of his countrymen. He was very careful and held on well to his property, and made it secure by dividing it among his children; the result is that the Bernals hold their ground on the original grant better than any other of the native families. When -but an infant the subject of this sketch was brought by his parents to what is now known as Alameda County, where he has since resided, at present owning an estate of eleven hundred and fifty acres, which he rents, and maintains a residence himself in Pleasanton Married Miss Francesca Soto, a native of San Mateo County, by whom there is no issue. Biographical Sketches. 849 Dennis F. BERNAL.^The subject of this sketch, whose portrait appears in this work, as a proper representative of one of the earliest families to settle in Alameda County, was born in Pleasanton, in that county, April 8, 1856, and is the son of Francisco and Maria (Thompson) Bernal. When he was fourteen years of age he left California for South America, and having visited all of the principal ports on its Pacific Coast, at the end of five years returned to his birthplace on December 8, 1875. In the following month he entered the Golden Gate Academy where he remained until November 18, 1878, and in January, 1879, commenced a course in a business college in San Francisco, from which he graduated on Christmas-day of the same year. Mr. Bernal then took up his residence in Livermore, but in August 1881 took a trip to Arizona and Mexico, where he visited the mining districts of those States, and shortly after came back to California. On his return home he won the heart of a dark-eyed daughter of one of Alameda County's Supervisors, but a native of New York, to whom he was united in marriage in 1883. He has since taken up his abode in his beautiful residence in the town of Livermore, near which he has a large farm of very valuable land, on which there is a comfortable farm-house, with mill, barn, etc. Mr. Bernal also possesses some property in the vicinity of Pleasanton. Jose Bernal. — This scion of one of California's most ancient and well-known Spanish families, was born in what was then known as the Contra Costa section of the District of San Jos^ October 20, 1823. Save during the time of attending the schools at Monterey, the former capital of California, Mr. Bernal has been always a resident of what is now called Murray Township, Alameda County — the place of his birth. Fuller remarks on the Bernal family will be found elsewhere. Our subject married, November 10, 1855, Alta Garcia Higuerra, a native of California, by whom there are: Ezequiel, Ezequies, Peryguino, Gonzaguia, Francisco, Emil, Manuel, Candido, Sedonia, Madronia. Elijah Bigelow. — Is the son of Elijah and Rebecca (Fisk) Bigelow, and was born in Newton, Middlesex County, Massachusetts, September 9, 18 10. Here he resided until the year 1852, when joining in the human stream then turned towards California, he sailed from the city of New York, March 20th, and arrived per steamer California in the harbor of San Francisco, May 14, 1852. He at once embarked in the grocery and provision business on Front Street, and there continued three years, afterwards being thus engaged in other parts of the city in the same line of trade until 1863, when he crossed the bay to Oakland, and started in real-estate transac- tions, acquiring the first homestead in Oakland, it being situated at the corner of Market and Fourteenth Streets of the present day. Married, firstly, July 13, 1834, Emma McLachlan who died January 6, 1880; and secondly. May 15, 1882, Mrs. C. F. Bartlett. J. A. BiLZ.— Was born in Baden, Germany, January 7, 1837. When about twenty years of age, he emigrated to the United States, sailing from Havre, and arriving in New York July 3, 1857. After working at his trade for five years in the State of New York, and about nine months in Connecticut, he sailed from New York in April, 1863, via Panama, to San Francisco, landing May lOth of the same year. For the first three months he worked in Benicia; afterwards he moved to San Jos^; then to Mission San Jos^ and subsequently in different places until the fall of 1865, when he came to Pleasanton, there being but five houses in the town at that time. Here he commenced working at his trade, which has steadily "increased, until at the present writing he is the proprietor of a large wagon factory. To Mr. Bilz is the honor of building the first wagon in the Livermore Valley. He married in Centre- ville, March 28, 1869, Miss Catharine Ishinger, a native of Wurtemberg, Germany, and has three surviving children, viz.: Helene, Selma, and Minnie; and one deceased named Charles. Amasa Wright Bishop.— One of the old residents and prominent citizens of Oakland is the gentleman whose portrait appears in this work. Mr. Bishop was born 850 History of Alameda County, California. at Wallingford, Rutland County, Vermont, August i8, 1832; was educated for the Bar, and at the age of twenty entered the law office of the Hon. David E. Nich- olson. By the laws of Vermont, five years' reading in the office of an attorney is nec- essary before admission to the Bar, and only then upon a certificate and affidavit of good character, and thorough examination. Mr. Bishop pursued his studies in the same office for five years, practicing in the mean time in the Courts of Justices of the Peace in his own and neighboring towns, and was always very successful in his prac- tice. In 1857 he was examined, and admitted an attorney of the Rutland County Bar. Always predisposed to literature, during his studentship he wrote more or less for the press; and in 1857, in connection with a schoolmate and student in the same office, Philip H. Emerson (now, and for the past ten years United States District Judge of Utah Territory), he started a small paper, simply for amusement, called The Local Spy, which created no little stir in the staid community as each weekly issue made its appearance. The paper was continued for more than a year, and until Mr. Bishop left for California, arriving in the Golden State early in 1859. He sought his fortune in the mines, as did nearly all new-comers at that time; but it did not require a great length of time to convince him, in the language of Leatherstocking that mining was not his "gift." He returned to Mary.sville, and for some eight or nine months devoted himself to mercantile business, in the saddlery and harness store of John W. Moore, Esq., one of Marysville's best citizens. Early in January, i860, at the request of Mr. Moore, he went to Red Bluff, Tehama County, to take charge of the same business for his brother, C. A. Moore. While in Marysville he was a constant writer for the press, and after locating in Red Bluff, was a steady contributor to the Marysville Appeal, and also to the Red Bluff Beacon. At the solicitation of leading Republicans and anti-Le Compton Democrats, he gave up his position with Mr. Moore, and started the Semi- Weekly Independent at Red Bluff, the first paper issued oftener than once a week north of Marysville, and the first paper to take the dispatches — first, of the Pony Express across the Continent; afterwards the telegraphic dispatches. The first paper was issued August 14, i860. In the fall of i860 he was appointed Deputy District Attorney of Tehama County; and the District Attorney leaving the State soon after, he exercised that office until the next election. Tehama County at this time was one of the strongest of Democratic strongholds, only thirty-nine Repub- lican votes having been polled in 1859. At the Presid'ential election in i860, however, through the untiring labors of Mr. Bishop, and the influence of the Independent, this vote was increased to two hundred and forty-two for Abraham Lincoln, the balance of the vote being divided between the Douglass, Bell, and Breckinridge electors — the Douglass ticket receiving four hundred and ninety-seven votes; the Bell and Everett ticket two hundred and nineteen votes, and the balance going to the Breckinridge ticket. The next year, 1861, Mr. Bishop accepted the nomination for District Attor- ney from the Republican Convention, and worked with so much energy and persist- ency, visiting nearly every voter in the county, that he beat the nominee of the combined Democracy — Breckinridge and Douglass — by seventy-six votes. In 1862 the Republican party carried the county, electing its full ticket. Such was the change in public sentimpnt, and the credit for that change was due, in a great measure, to the personal work of, and the paper edited and published by, Mr. Bishop. At the session of the Legislature of 1863-64, Mr. Bishop's services were recognized, and he was chosen Assistant Secretary of the Senate by acclamation, and served during the session. The same year the Democratic paper, the Beacon, succumbed, was bought by Mr. Bishop, and merged in the Independent. In 1863, on the 7th day of November, Mr Bishop mamed an estimable young lady of Red Bluff, Ellen M., the daughter of Captain E. G. Reed, the pioneer settler of the town, who located the town site, and built the first house, a hotel, at the steamer-landing. In 1865 Mr. Bishop sold his paper, and devoted his time to his profession, holding at the same time the office of Collector of Internal Revenue for the division including Tehama, Colusa, and Butte Counties. The people Biographical Sketches. 8."i1 of Chico, learning that he had sold out his paper at Red Bluff, prevailed upon him to locate at Chico, and start a paper at that fast growing and prosperous town. He went to Chico in the fall of 1865, and started the Weekly Courant, editing the paper and practicing law up to May, 1 869, when he again sold out his business, office, and dwelling, and moved to Oakland. In the summer he took a trip to his old home in Vermont, visiting many of the Eastern, Western, and Southwestern States. He returned in July of that year, and opened a law office in San Francisco. Never idle, always most happy when pressed with business, he could not sit down in idleness and wait for it to come to him; therefore, to fill up the time, he started the Masonic Mirror, which he edited and published for four years. In 1872 he was solicited by many prom- inent citizens of Oakland to purchase the Oakland Daily Transcript, and make it a stanch Republican journal. He listened to the advice and solicitations of friends, and, the old fascination seizing him, he bought the paper; and in building it up and placing it on a paying basis it cost him several thousand dollars — all he possessed, in fact — besides nearly breaking his constitution with severe labor, he doing the work of two and three men during the four years and a half he conducted the paper. In 1876 he sold his interest in the paper — having previously sold a half interest — and in the sum- mer of 1877, received the appointment of Superintendent of Bonded Warehouses at the port of San Francisco, which position he held until July, 1 880. At the election of 1880 Mr. Bishop was elected City Justice of the Peace of the city of Oakland, and was re-elected to the same office, without opposition, at the election of 1882, which position he now holds. Mr. Bishop has always been active in politics, but he has never stooped to deceive, or forfeit his integrity — ever holding that honesty should prevail in politics as well as in the business affairs of life. If he could not support a man, he was ever free to tell him so. If he does support a man, he does it with his whole might, mind, and soul. A friend he never forsakes, and if he has an enemy, it never troubles him nor disturbs his feelings. His motto has ever been, "Do ye unto others as ye would that others should do unto you." It would be impossible for a man to be active in politics, publish a strict, terse, incisive party paper, and not make enemies; nevertheless, Mr. Bishop has probably as few enemies as any man in Oakland, for the reason that he always avoided personalities, dealing wholly with principles, and not with men. But when he combats what to his mind are false doctrines and political evils and heresies, his pen is as sharp and effective as a two-edged sword of Milan steel. His literary works are all of a high order. A California romance "Kentuck," written by him while engaged in the arduous duties of editing the Daily Transcript, received the highest encomiums from the press throughout the Coast, as the best exposition of early California life ever given to the public — equal, and, as many asserted, superior to Bret Harte's best. Few persons in California have a more exten- sive acquaintance than Mr. Bishop, and those who know him best, most appreciate his integrity of character, firmness of purpose, honesty of motives, and upright life; while all admit his ability as a terse and forcible writer; a man of general information, well read in the law, a conscientious Judge, and a useful citizen. Such is a condensed and imperfect sketch of a few incidents and points in the life and career of Amasa Wright Bishop, who for fourteen years has been a resident of the beautiful city of Oakland, and a citizen of Alameda County. • , Joseph F. Black. — Whose portrait appears in this volume, was born in Burling- ton County, New Jersey, April i, 1835, and there resided until he attained the age of eighteen years. On April 26, 1853, he sailed from New York on board the Crescent City for Panama, whence taking passage in the Golden Gate, he arrived in San Fran- cisco June I, 1853. Mr. Black located at once in Alvarado, Alameda County, and subsequently purchasing the farm now owned by S. P. Harvey, there prosecuted agri- culture until 1859. Disposing of the ranch in that year he moved to Dublin, Murray Township, followed farming on the Dougherty Ranch, and was the first, in point of fact, to till the ground in that locality. In 1863 he transferred his operations to the 852 History of Alameda County, California. Bernal Rancho, where he has since engaged in raising grain. In 1866 Mr. Black pur- chased the interests of Juan, Raphilo, and Joaquin Bernal in the Rancho El Valle de San Jos6, consisting of seven thousand seven hundred acres, plots one, two, twenty- six, thirty-three, and thirty-four of which he has retained and laid subject to the plow. Mr. Black, besides his large grain-growing enterprises, has thirty-five acres of land planted with vines, now of two years' growth, being the first vineyard of any importance in the Livermore Valley, while he is laying out in the same nianner one hundred and fifty acres more this year, and building a series of fine wine-cellars. Mr. Black has also twenty-five acres in hops, which he has found a profitable venture. Has subdivided and sold this year over twelve hundred acres for grapes in subdivis- ions from seven to two hundred acres, and with the assistance of Charles A. Wetmore, Chief Viticulture officer, has succeeded in establishing on the Arroyo Valle what promises to be the best dry-wine district in the State. He married, in the residence of Greene Patterson, Alameda County, California, in the year 1865, Miss Mary E. Simpson, a native of Independence, Missouri, by which union there are five children, viz.: Mary, Kate, Joseph, Ellis, and Frank. William Clark Blackwood. — The subject of this sketch, whose portrait appears in this history, is the son of Samuel and Mary (McMordy) Blackwood, and was born in Seneca County, New York, June 7, 1813, being the youngest of seven sons — no daughters. Having received a common school education and worked on a farm until the year 1836, he emigrated to Michigan and settled near the town of Farmington, Oakland County, where he followed farming for ten years. In 1846 Mr. Blackwood embarked in the milling business in Wayne, in the same State, and there remained until starting for California. Making the journey by way of New Orleans and Chagres, he arrived in San Francisco by the steamer Union, June 26, 185 1. After prospecting some months, in October of that year he came to the redwoods, which then stood uncut above Brooklyn, or East Oakland, where he remained until the following January (1852), when he removed to Eden Township and began farm- ing, which he continued until 1878. Mr. Blackwood now gives his attention to fruit- growing, he having an orchard of sixty acres under apricots, plums, prunes, etc. Married, firstly, in September, 1835, Miss Elizabeth J. Woodward, who died in April, 1850, leaving four children, viz.: Samuel W., Sarah E., Mary F., and Clementine; and, sec- ondly, Miss Jane Evert, by which union there is one daughter named Lucy; and, thirdly, Miss Elizabeth Craig. His son was educated a physician and surgeon, and served as such with distinction in the Union Army during the Civil War, and was breveted a Lieutenant-Colonel in the Army of the United States for distinguished professional services by President Johnson. He died October, 1871, in Peru, while professionally employed as Superintendent of Railroad Hospitals in that republic by the celebrated Harry Meigs. Robert Blacow (deceased). — This gentleman, whose portrait will be found in our pages, was born in England, December 6, 18 14, and resided there until he attained the age of twenty-five years. In 1839 he emigrated to the United States, and settled in Illinois, in what was known as the "American Bottoms," opposite the cityof St. Louis. Here he maintained a residence until 1842-3, when he moved and located in the out- skirts of St. Louis, there engaging in general farming and dairying, his business being to supply the inhabitants of the city with milk. On June 5, 1845, he was united in matrimony to Miss Helen Catharine Deering, a native of Germany, and four years thereafter, in 1849, emigrated via the Isthmus of Panama to California. On landing, Mr. Blacow at once, proceeded to the mines, where he remained until the fall of 1851' when he took up the homestead, now consisting of three hundred and fifty-eight acres, at present occupied by his widow. Immediately after locating his claim in i8[;3 Mr. Blacow returned to Illinois, where he had left his wife and three children, and fitting up an outfit crossed the plains to California, and took up his residence in their new home in Alameda County. Here he died December 22, 1873, leaving the followine family: William, Alice, Mary, Alfred, and Richard. ^ Biographical Sketches. 853 Captain George William Bond. — Was born in Yarmouth, Nova Scotia, July 19, 1804, where he resided until the year 1821, when, with his brother, who was a physician and an invalid, he made his first voyage to the West Indies. It was his parents' wish that he should study for the medical profession, but after a few months' trial, and death of his brother he gave up that study, and for several- years after was engaged with his brother-in-law in merchandising, the West India trade, and in ship- building. On coming of age he gave up this business, and shortly after purchased a brigantine and commenced a seafaring life in earnest, principally in the West India trade. In the year 1832 he married Frances Gertrude, the eldest daughter of Richard Carter, of Cheshire, England, and having sold his brig he again tried a mercantile life, but after a few years and not succeeding he gave it up and returned to a sea- faring life, which he followed until the year 1847, when, having lost his wife, while absent on the West Coast of Africa, he returned in 1848 to Nova Scotia. In 1849, he with four others, purchased and fitted out a brigantine and left Yarmouth for Cali- fornia, arriving at the latter place in July, 1850, having called at Rio de Janeiro and Valparaiso. After a voyage down south he sold his vessel, and in the year 185 1 went to arancho nearVallejo's Mills, on the Alameda Creek. In the spring of 1852 he went to the mines on the north fork of the American River, but returned in a few months, and in the fall of the same year, in partnership with Charles Hilton, erected at the place now called Centreville the first wheelright and blacksmith shops in the county, but the following year sold out his interest to James Beazell; from that time until i860 he was engaged in various occupations with the late Captain Calvin Valpey, purchas- ing in the latter year a part of Agua Caliente Rancho, on which Captain Valpey resided until his death, but Bond continuing to reside on his property at Centreville, engaged in various occupations, and holding for several years the offices of Postmaster, Justice of the Peace, and Notary Public. In the year 1882 he, with his son Charles, purchased the well-known William Y. Horner Rancho, where he now resides with his son, having rented his property at Centreville. He was married at Neston Church, Cheshire, England, on the 28th day of August, 1832, his wife dying on the 20th day of April, 1847, leaving five children: Eliza Carter (now Mrs. Bingay, residing at Sac- ramento); Sarah Gertrude (now Mrs. Vroom, residing at St. Johns, New Brunswick); Charles John; Maria (now Mrs. Pope, residing at Sacramento), and Annie Ritchie (now Mrs. Marston, residing in Eastern Oregon). Christian Bothsow (deceased). — Was born in the Island of Alse, Denmark, August 6, 1825. Having followed the life of a sailor until he attained the age of twenty-one years, he then returned to his home, there remained two years, and after- wards learned the trade of ship-carpenter, at which he worked on board of different vessels until his arrival in California. First settling in Union City, near Alvarado, he there remained until 1852, when he located upon the farm of one hundred and sixty acres, where his family now resides. Married February 16, 1856, Miss Jane Hendry, a native of Morayshire, Scotland, by which union there is a family of three children, viz.: Henry N., Anna Christina, and Harriet E. Mr. Bothsow died Novem- ber 20, 1879. William J. BowEN. — Was born at Fall River, Bristol County, Massachusetts, March 14, 1817, and at seventeen years of age entered upon a seafaring life, at which he continued thirteen years, his last voyage being made in the ship Edward, in the year 1839, to a Peruvian port. At the end of this cruise he took up his residence in the Society Islands, where he was engaged for about five years in command of vessels plying in the South Seas. He then made an attempt to come to California, in a vessel built there by himself, but owing to a disagreement with his partner the trip was abandoned, and the craft sold. He then shipped in the schooner Currency Lass, and after going to the Sandwich Islands, came on to San Francisco, and made an attempt to establish a lumber trade with Bodega, Sonoma County, but was not allowed to land the cargo in San PVancisco, his vessel being under a French protective 854 History of Alameda County, California. flag; he, therefore, returned to the Sandwich Islands, loaded for San Francisco once more, but on arrival found that the market was glutted, so he returned with his freight to the Islands. Mr. Bowen thence sailed to the friendly shores of the Society Islands. Now came the discovery of gold in California, therefore he brought the Sackety Hawk, with passengers. He now engaged in the lumber trade with Bodega, and having had his craft driven on shore, eventually got her off after seventeen days passed in dis- charging her cargo, aided by Capt. Juan Smith and his Indians. The vessel was sold to a man named Phelps, who never paid for her, but some legal difficulty inter- vening, Mr. Bowen turned her over to the Justice of the Peace, and in May, 1849, betook himself to the mines, where for five months he was very fortunate. He now returned to the Bay City, purchased an interest in the brig Sabine, and in her made a voyage to Australia, and on his return suffered shipwreck on a reef at the Navigators' Islands. Here he was placed in command of a vessel that had been stolen in the harbor of Sydney, whither he returned with her. At this place Mr. Bowen married, returned to San Francisco, and took up his residence at Saucelito, Marin County. At the end of three years he removed to San Francisco, but six months thereafter crossed to Ocean View (now West Berkeley), and in 1853 built the first hotel in that place, in which business he remained twenty-three years. He is now engaged in the wood and coal business at the corner of Delaware Street and San Pablo Avenue. B. F. Brannan. — Wasjaorn in Jackson County, Indiana, August 8, 1833. In 185 1 he went west to Tama County, Iowa, and was a resident of that State sixteen years. In 1867 he emigrated, via Panama, to the Pacific Coast, came to Alameda County, and located on the place now owned by George Beck, about five miles north of Livermore. In 1878 he purchased his present homestead, adjoining that town, consisting of forty acres. Is married, and has two children, Florence and Maud. James A. Brewer. — Was born in Oneida County, New York, November 29, 1834, where he received his schooling, and resided until the spring of 1852, being up to that time engaged in farming. In the season just mentioned he turned towards the west, and, proceeding to Wisconsin, was there employed in the construction of the railroad between Janesville and Monroe. At the end of eighteen months Mr. Brewer removed to Kansas, and there maintained a domicile until starting for California. In March, 1856, he essayed the arduous journey across the plains with horse-teams, and, coming direct to Alameda County, located at Washington Corners in July, 1856. Here he engaged in farming, an occupation he has' since followed at that place. Dur- ing his residence in Kansas Mr. Brewer held the office of County Surveyor of Atchison County, which position he held until leaving for the Pacific Coast. Married, nth of October, 1866, Mrs. Maria Ann (widow of J. R. Mct)avid, who was a well-known farmer of Washington Township, died June 21, 1861, and left four children, Volunia A., Julia L., Troy C., and John R.), and has two children, viz.: James M. and Henry C. Edward Brown. — Was born November 11, 1839, in Bridgenorth, England; was educated and lived in Wymondham, Leicestershire, until appointed to a position in a railway office in London, where he .remained until March 29, 1863, at which date he sailed for New York. Very shortly afterwards he went into the service of the Mutual Life Insurance Company of New York, and in April, 1865, was appointed agent of that company for Lancaster County, Pennsylvania. In 1868 he organized the Lancaster Fire Insurance Company; capital, $200,000; and acted as its Secretary until November, 1871; when La Caisse Gdndrale — a Paris Fire Office established an American Branch, Mr. Brown was appointed Superintendent of Agencies. In Jan- uary, 1875, he was sent to San Francisco to establish a business upon the Pacific Coast for the said company. On -May i, 1878, the firm of Brown, Craig & Co Mr Homer A. Craig of Oakland being the other partner— was formed! their office being at No. 215 Sansome Street, where it has ever since remained. Mr. Brown resides in Alameda, is married, and has five children. Biographical Sketches. 855 Hon. Lewis Henry Brown. — The subject of this sketch, whose portrait appears in this work, is a native of Haywards, Alameda County, CaHfornia, was born March 24, 1857, and is the son of George and FideHa (Larabee) Brown. The father of the young legislator, whose name commences this short memoir, was born in the State of Maine, and in an early day made the weary and hazardous voyage to California in a small craft, coming through the rock-bound coast and tempestuous waters of the much dreaded Straits of Magellan. On arrival he located near Alvarado, and com- menced farming operations, but subsequently proceeding to the redwoods of San Mateo County, there stayed only a short time, and finally proceeded to the "Iron House" District, Contra Costa County, where he opened a store of general merchan- dise, and resided there until the spring of 1856, when he returned to Alameda County, located at Haywards, opened a mercantile business in a small building near Haywards' Hotel, and conducted it until 1880, when he sold his interest to his son, Lewis H. Brown, retiring from business on account of ill-health. Mr. Brown, Senior, died August 2, 1880, at the age of fifty-six years. Our subject, Hon. L. H. Brown, was entirely educated at the common school of Haywards, his present position being both an honor to the institution wherein he received his training and the application for study which it proclaims for himself At the age of fifteen years he commenced business on his own account, first in insurance connections and afterwards in newspaper work. In two years from the start he was appointed to take charge of the agency of Wells, Fargo & Co., and likewise engaged successfully in the fruit trade. In 1877 he formed a partnership with William G. Long, and purchased the store occupied by his father, but a few months thereafter Mr. Long seceding from the firm, his interest was bought by Mr. Brown, Senior, and the firm of George Brown & Son was established, they owning at the time half of the block on which the store is located. Being a native of the county, and, above all, possessed of strong sense and good business qualifications, it is no wonder that he received the Republican nomination by acclama- tion, which resulted in his election to the State Legislature as a member of the Assembly for Alameda County, on November 7, 1882. His record in the capitol is such as any one of more years may be proud, while his actions have received the cordial approbation of his constituents. In 1879 Mr. Brown was appointed to fill the vacant office of Town Treasurer of Haywards, to which position he has since been annually re-elected. In that year, too, he was elected a Trustee of the town of Haywards. He is a member of the Oakland Chapter of Royal Arch Masons, and Master of the Masonic Blue Lodge of Haywards, and also Past Grand of the Lodge of Odd Fellows in Haywards; is also a member .of the Knights of Honor, and as well as Past Worthy Chief of the Good Templars 'Lodge of Haywards. From the foregoing it will be gathered that Mr. Brown is foremost in all public and social institutions of his native town. His career is watched with interest by all who know him, while it requires no great seer to predict that in old age his brow will be decked with the laurel chaplet of fame, bearing the appropriate legend — palmam qui meruit fer at. Married, Novem- ber 19, 1878, Miss Willitta Long, a native, of Thomaston, Maine, and has one son, viz., George Chester, now aged three years. Samuel R. Brown. — Was born in Upper Canada February 9, 181 8, where he learned the miller's trade with his father in the town of Malahide. Here he resided until he became thirty-four years of age. Early in t'he year 1852 he sailed from New York for California in the ship Grecian, and after rounding Cape Horn came to an anchor in San Francisco Harbor August 12, 1852. Proceeding at once to the mines in Nevada County, he there remained but a short time, when, being attacked with fever, he was compelled for a time to abandon this occupation. The intervening five years, up till 1857, he passed in different parts of the State, and in November of that year came to Alameda County and found employment with Musser & McClure, and remained there until 1863. In that year he purchased his present hotel property, .and commenced conducting the house of entertainment at Washington Corners known 856 History of Alameda County, California. as Brown's Hotel. Here he at present resides. Married August 17, 1863, to Miss Mary Langton, a native of Ireland, and has two children, viz.: Silvia A., and James W. Dr. Benjamin Franklin Bucknell, (deceased).— Was born in the town of Hiram, State of Maine, in the month of October, 1821. Losing his father at the early age of five years, he was left with three sisters to the care of his mother; who, finding it difficult to support and properly rear so large a family, gave him (soon after his father's death), to her sister's husband, a farmer living in an adjoining town. The farmer with little regard to his tender years and delicate constitution, required very hard work from him, infant as he was, during the summer months, but allowed him to attend the public schools in winter. Being a good scholar and very ambitious; he determined to have a better education than it was possible to obtain where he was; he left his uncle, despite his efforts to retain him, at the age of fourteen, and entered the Manual Laboring School in Readfield, Maine, where he remained about three years, receiving some aid from two of his mother's brothers, residents of Readfield, and much kindness from the wife of one of his uncles, which he always remembered with great gratitude. When seventeen years old, he commenced teaching during the autumn and winter months, thereby earning money to defray the expense of studying during the remainder of the year. When about nineteen he began the study of medicine with Dr. Potter of Waterville, but failing health, and the fear of consumption, inher- ited from his father, obliged him to seek a milder climate. He went to Savannah, and afterwards to Florida, teaching and still pursuing the study of medicine. Three years later, finding his health much improved, he returned to New England and entered the Medical School at Dartmouth College, from which he graduated in 1846 and com- menced the practice of his profession soon after in his native town. The following year he was married to Miss Martha E. Lincoln of Cornish, Maine. The Doctor's ambition soon led him to seek a larger and more lucrative practice, and he went to take the place of a physician recently moved from Machias, Maine. Here he found an abundance of work, but his health never robust soon failed rapidly. He took a young physician as partner, hoping thereby to be able to remain, but a return of hemorrhage from the lungs again drove him to seek a more genial clime, and on the 4th of November, 1850, accompanied by his wife and sister, he sailed in the brig Agate bound for San Erancisco. During the voyage of six months his health seemed quite restored, he having gained sixty-eight pounds in flesh, and on reaching San Francisco, April 24th, he concluded to commence the practice of his profession in that city. Six months later a return of his old pulmonary troubles convinced him that he could not long endure the cold winds of the bay. He visited Alameda County in quest of business, where the wind was said to be less severe; meeting with John M. Horner, he obtained from him the agency of a steamboat, which was to run daily from Union City (now Alvarado) to San Francisco and back, loaded with vege- tables and other produce raised by Mr. Horner, and the farmers in the vicinity. Here Dr. Bucknell established a post-office, got an appointment as Justice of the Peace; and besides attending daily to the loading and unloading of the steamboat, he discharged the duties of these offices, occasionally performing the marriage cere- mony for those who could not obtain a minister's services; in addition to all this he went to attend the sick whenever called, and as he spoke Spanish, he soon received calls to visit the afflicted in most of the Spanish families in that part of the county. In 1852 and 1853 he suffered so much from rheumatism, that he con- cluded to leave Alvarado and try the interior of the State, and he moved to Marys- ville, but after living one year in the city, and another year on a ranch near the city he was prostrated with malarial fever, and returned to Alameda County, this time to the Mission of San Jose, where he received much kindness from Mr. and Mrs Lyman Beard; soon afterwards he purchased from Mr. Combs a farm of two hundred and forty acres, bctv.^een Washington and Centreville, and in September moved into the farm- house which Mr. Combs had built for his own family, which was quite commodious and comfortable. During all these changes and wanderings Dr. Bucknell had been Biographical Sketches. 857 accompanied by his wife, and in this farm-house, Feb. 25, 1856, their first child, a daughter, was born. Her name was Frances. The doctor was exceedingly fond of this child, and after she attained the age of one year, she could be seen seated by his side during most of his rides about the neighborhood. In September, 1858, a second daugh- ter was born. About this time his mother, who had come to California two years previous, became an invalid, and died the following autumn. Her death was a great blow to the doctor, and his own health failed rapidly afterwards. Inherited consump- tion which for more than half his life he had been battling against, could no longer be kept at bay, and he sank beneath its power, dying April 19, i860. His wife and children remained upon the farm two years after his death. During the winter of 1862-63 they were in San Francisco, where the youngest child fell a victim to measles, which was at the time prevailing as an epidemic. The following autumn Mrs. Bucknell with her only child went to New England to visit her mother, and Having always felfgreat interest in her husband's profession, determined to study the same her- self The following winter she entered the Woman's Medical College in Boston, and three years after graduated. She intended to return immediately to California, but her aged mother was still living, and she could not make up her mind to go so far away as long as her mother lived, consequently she went to Portland, Maine, and practiced for three years in that city; her mother died about this time, and she returned to California, since when she has practiced her profession in San Francisco and Oakland. She is a member of the State Medical Society of California, also a member of the Alameda County Medical Society. Her present residence is No. 616 Eighth Street, Oakland, which is also the residence of her daughter, now the wife of I. W. Reed. From her daughter Mrs. Bucknell has never been separated at any time since her birth except for about four months, soon after her marriage. DiEDERICH BUHSEN. — The subject of this sketch, whose portrait appears in this work, was born in Holstein, Germany, August 26, 1820, and is the son of Claus and Catharine (Rhoda) Buhsen. Having received his schooling, and had his home there until 1839, in which year he began a seafaring life, an occupation which brought him to the United States in the following year, where he was vicariously employed in coasting- vessels, and ocean-going steamers and ships until the year 1843, when, in company with his brother Nicholas Buhsen, he embarked in the grocery and liquor business in the city of New York. There he remained till 1858, when, taking passage on the Star of the West, he -sailed to the Isthmus of Panama en route for California, arriving in San Francisco per Golden Age, March 22, 1858. Proceeding to Sierra County he there prospected for a short time, and, upon the breaking out of the Frazer River excitement, went to British Columbia. He subsequently returned to California and farmed for a short time near Mount Eden, but eventually transferred his habita- tion to San Francisco, where he embarked in a general freight ing business, and con- tinued it until i860. He now opened a bakery at the corner of Broadway and Battery Street, in that city, but shortly afterwards transferred it to the corner of Pacific and Davis Streets. In July, 1864, purchasing property in West Oakland, Mr. Buhsen erected a small dwelling thereupon on the site of his present store, which was destroyed by fire in 1876, when he erected his present place of business at the corner of Pine and Seventh Streets. Besides this establishment he owns considerable property in the vicinity. Married, August 26, 1848, Miss Anna Bockwaldt, by whom he has sur- viving two children, viz.: Eda, and A. Nicholas. Edwin E. Burdick. — Was born in Stonington, New London County, Connecti- cut, March 1 1, 1829, where he was employed on his father's farm, and a portion of the time at the blacksmith's trade until 1846, when he joined a wrecking-vessel, but she being lost off Cape Fear he was landed at Wilmington, North Carolina, where he commenced working at his trade, and stayed one winter. In March, 1853, he sailed from New York in the Crescent City to Aspinwall, and from Panama came to San Francisco in the Oregon, where he arrived on the 27th of the following month. After 55 858 History of Alameda County, California. a few weeks he proceeded to Grass Valley, but soon after came to Alameda County and obtained employment with H. K. W. Clarke, on the place he now occupies. He then worked in different places and finally leased one hundred and thirty acres ot land belonging to the South Pacific Coast Railroad, where he at present resides, being engaged in general farming. He is married and has five children, viz.: Abbie L., Edward F., Charles H., Henry H., Mary L. John F. BurdiCK, M. D. — Son of the Rev. James R. and Mrs. Anna (Babcock) Burdick, was born in Ithaca, Tompkins County, New. York, September 25, 1849. Having received his education in the Cornell University, in 1869 he entered upon the study of medicine at Ann Arbor, Michigan, whence he was graduated in 1872. He now returned to the county of his birth and commenced the practice of his profession, which he continued until 1876, when he came to Oakland, Alameda County, and practiced there until appointed by the Board of Supervisors Physician to the County Infirmary in December, 1878, a position he now holds. Married in March, 1882, Miss Carrie Hebbard. Will. H. Burrall.— Was born in Herkimer County, New York, May 4, 1835, and there resided until 1849, in which year he emigrated to Wisconsin and settled in Kenosha County, being engaged in farming there until 1854, when he removed to Winona, Minnesota, where he was engaged in the hardware trade; thence, at the end of three years, going to Illinois and teaching school near Chicago until 1859, when he • emigrated to Nevada, and located in Virginia City, where he engaged in mining and the book and stationery business until April, 1874, at which date he removed with his family to Napa City, California, residing there until August, 1876, when he came to Alameda County, locating in Oakland, and embarking in the real estate business. He has been a notary public for fourteen years. Married in San Francisco in 1863, Miss Sarah A. Marsh, a native of the State of New York, then residing in Waukegan, Illinois, and has four daughters, viz.: Millie, Jessie, Lucia, and Belle; aged respect- ively, seventeen, fifteen, thirteen, and eleven; all born in Virginia City, Nevada. Their only son, Ralph, having died there in 1868. Fred. L. Button. — Born in Pontiac, Michigan, in March, 1856. In 1863 came to California with his parents, who, in the autumn of that year, settled in Oakland. Attended the primary and grammar schools of that city; in 1868, awaiting the estab- lishment of a high school, was for a few months in the office of the Daily Transcript^ learning the printer's trade, and also attended the Brayton College School. Com- pleted the course of study at the High School and State University at Berkeley, graduated from this last institution in 1876, receiving the University gold medal for general excellence in scholarship and also the prize for the most meritorious scientific essay. Having at that time served a year as assistant instructor in mathematics under appointment by the Regents of the University, he continued in that position during the succeeding year. At the end of this time he commenced the study of law in the office of Messrs. Vrooman and Davis; Mr. Vrooman then being District Attorney of Alameda County. Here he availed himself of the ample opportunities offered for acquiring extended practical experience in all branches of his profession, and in 1879 was admitted to practice in the Supreme Court. Soon after established a law office in Oakland, where, by his studious habits, careful attention to professional duties, and known personal integrity, he has built up a lucrative practice and taken a prominent position among the younger members of the Bar. N. B. Byrne. — Was born in Cape Girardeau County, Missouri, November 2, 18 17, where he resided until he attained the age of fourteen years, at which time he accom- panied his parents to New Madrid County, in the same State; there making his home until leaving for the Pacific Slope. In March, 1859, accompanied by his wife and four children, he started with ox-teams, and a drove of cattle, to cross the plains to California, finally arriving in Oakland, Alameda County, in the month of September of that year. A month afterwards he moved to North Berkeley and farmed Biographical Sketches. 859 until 1873, when land there becoming too valuable for farming he removed to the San Joaquin Valley and engaged in a similar pursuit, and finding that unprofitable he, in 1880, returned to Berkeley and embarked in his present business of wood and coal dealer, on University Avenue. Married July 19, 1849, Miss Mary Tanner, a native of New Madrid, and has six children. Duncan Cameron. — The subject of this sketch is a descendant of a long line of Scottish chivalry, and belongs to that clan which claims Lochiel for its chieftain. He is the son of Samuel and Sarah (PuUen) Cameron, and was born in Canada June 22, 1820. Receiving his early training in his native place and there residing until 1838, in that year he went to Clintonville, Essex County, New York, and after a residence of ten months there, returned home, and subsequently removed to the State of Vermont. Our subject after a short time proceeded to the State of New York, and dwelt until the year 1845 at Ticonderoga, Essex County, at which time he took up his quarters in New York City and commenced boating on the Hudson River. Mr. Cameron next " went to sea" and while in the capacity of a sailor heard of the won- derful gold discoveries in California, upon which he determined to tempt that fickle jade, Fortune, at the mines. To this end he rounded the " Horn," and cast anchor in the bay of San Francisco, September 24, 1850, having twice suffered shipwreck on the voyage. The motto of this enterprising gentleman has ever been "to be up and doing;" losing no time, therefore, he shipped as a fireman for service on the Sacramento River, but making only two trips, he betook himself to terra firma and embarked in the grocery trade. In January, 185 1, he moved to the Pacheco Valley (now Contra Costa County) and embarked in farming operations, but only remaining there a few months, returned to San Francisco and opened a saloon, which abandoning, he worked as fireman on a steamer plying between San Francisco and Sacramento. In that year (185 1) Sacramento was visited by a great flood, a disaster to others which Mr. Cameron quickly turned to his own advantage. As long as the waters covered the face of the district our subject plied a boat along its inundated streets and on their subsidence he embarked in a draying business. Disliking the place on account of its unhealthfulness, he sought another location and pitched upon the little village of San Antonio, which now forms a portion of Brooklyn, or East Oakland, which place he reached by way of Martinez, on horseback. Here he started the first livery-stable in the place, with three horses, which he kept in a yard. The livery business prospered, and in 1853 he built a large stable and had eight or ten horses. In about a year, however, he sold out, and in 1854, purchased a piece of property, and building upon it a residence, prepared to make that place his permanent home. About this time he bought the valuable block on which the post-office in Oakland now stands, and in 1854 espoused Miss Anne Lydia Maddox of Castro Valley, a native of the State of Illinois. In 1856 Mr. Cameron started in the stage business in opposition to that run by McLaughlin, then a famous local line. In 1858 he bought a quantity of land for farming purposes, which, however, he partly disposed of in 1861. Previous to the real estate excitement of 1868, he purchased a tract of land north of the town of Brooklyn, or East Oakland, known as the Cameron Tract, for eighteen thousand dollars, which he disposed of within a year for fifty thousand dollars. Mr. Cameron has filled various public posi- tions from constable upwards. He has been twice elected to the Board of Supervisors of Alameda County, and has filled with credit the position of Public Administrator of the county for two terms. He has always taken an active part in politics, and was in succession a Whig and a Republican. His family consists of a daughter and son named, Nellie E., and Ashley D. An excellent portrait of this gentleman will be found in this volume. Edwin H. Campbell.— Is the son of S. G. and Elmira (Cook) Campbell, and was. born in Westfield, Massachusetts, April 10, 1850, but when five or six years old was taken by his parents to Dixon, Illinois, where he resided until he attained the age of fifteen years. At that period of his existence he launched out to face the buffet- 860 History of Alameda County, California. ings of the world. He followed different occupations up till 1870, when he came to California, located in Sacramento, and in 1874 removed to Oakland, where he has since been engaged in the wine and liquor business, and is at present the popular proprietor of the Galindo Billiard Parlors on Eighth Street. Married in 1879, Miss Annie Bain, a native of Minnesota, and has no issue. Tallcut p. Carey. — This gentleman is the son of L. H. and Lucy (Doolittle) Carey, and was born in Boston, Erie County, New York, April 11, 1828. His grand- father, Richard Carey, fought for seven years in the ranks of the Revolutionary Army, and had a son who fell fighting for the liberty of his country in the year 1 8 1 3, in a hand- to-hand combat with four Indians at the burning of Buffalo, New York. Our sub- ject resided with his parents until he reached the age of twenty-three years, and there, in his native town, received his education. On January 7, 1852, he sailed from New York in the steamer Cherokee to Chagres, whence he found his way to Panama and thence took passage in a sailing-vessel, the brig Christiania, arriving in San Francisco on the 7th April of that year. Proceeding immediately to Chinese Camp, Tuolumne County, he there commenced mining, which, however, he abandoned a few weeks later for stock-raising in what is now a portion of Stanislaus County. Here he remained until the year 1878, when, owing to failing health, he leased his range and came to Alameda County, locating at San Leandro. Mr. Carey's possessions in the two counties, Merced and Stanislaus, amount to three thousand acres of land. Mar- ried, December 23, 1856, Miss Elizabeth J. McGee, a native of Missouri, and has three surviving children, viz.: Lucy, Maggie, and A. B. Daniel S. Carpenter. — The present efficient and popular Tax Collector of Contra Costa County, was born in Newport, Herkimer County, New York, November 18, 1831. He resided on a farm and was educated at the common schools until 1852. March 5th of that year our subject with one cousin started for California, saiHng from New York via Central America, arriving in San Francisco April loth of the same year. Mr. Carpenter immediately proceeded to Sacramento to join a brother who had preceded him to this coast, and remained in the latter place until fall, when he pro- ceeded to Trinity County, where he engaged in mining for two years, meeting with good success. Mr. Carpenter next moved to Auburn, Placer County, and followed several occupations, at one time being Deputy Sheriff of said county, and afterwards engaged in tunnel-mining at Iowa Hill, where he met with financial reverses, and concluded to try agricultural pursuits and selected Contra Costa as his base of future operations. He first located in New York Valley, where he resided until dispossessed by the owners of the New York grant. We next find Mr. Carpenter located on the San Joaquin on the place now occupied by the Empire Mine, and engaged in the mining business for two summers. He then moved to a ranch six miles from Martinez, where he resided but a short time, and in the fall of i860 moved to where he now reside.s, at Clayton. Mr. Carpenter was Justice of the Peace of Clayton for a term of ten years, and October 3, 1881, was appointed by the Board of Supervisors to the office of Tax Collector to fill the vacancy caused by the death of Mr. Shuey. The subject of our sketch was united in marriage in Clayton, November 19, 1863, to Miss Sarah F Curry a native of Missouri. They have eight children, viz.: William L., Charles B Alice M., Nellie E., Daniel S., Myron E., Clarence M., and Annie F. H. K. Carter.— Was born in the town of Tully, Onondaga County, New York March 22, 1826^ In the spring of 1840 his father, Philip Carter, with his family moved to Fort Brewerton, town of Cicero, in the same county, and engaged in the business of tanning and farming, which he had previously carried on from the spring of 1849 until 1856 Mr. Carter engaged in tanning and the wood and lumber trade, but in the fall of the latter year his tannery was burnt, and meeting with heavy losses during the following year in the great financial crash in the State of New York he determined to try his luck on the Pacific Coast. Coming to California in the spring of 1858, he went to Olympia, Washington Territory, and there associating himself Biographical Sketches. 861 with James Biles, built a tannery and was the first to introduce steam and machinery in that industry on the coast. In the fall of i860, he returned to San Francisco and opened a finishing and leather store which he continued until 1862, when he went into the stock and money brokers' business until 1864. A portion of this and the year 1865^, he passed in Oregon, and Washington Territory, buying wheat, potatoes, etc., for the San Francisco market. In the fall of 1 865 he once more embarked in the tanning trade in San Francisco, which he abandoned in the fall of 1867, since when he has been engaged in the fruit and agriculture business, chiefly in Contra Costa and Ala- meda Counties. Married in Fort Brewerton, Onondaga County, New York, October 21, 1852, Miss Hester A. R., daughter of Rev. E. D. Trakey, and has had two' children: LeRoy T., and a daughter, deceased. Z. U. Chenev. — Was born in Cortland County, New York, July 20, 1850. In the month of November, 1853, his parents saiHng for the Pacific Coast, 'along with three sisters and two brothers, our subject was brought to California, via Panama, arriving in San Francisco, January 12, 1854- Coming direct to Alameda County Mr.' Cheney, Senior, located on the land now owned by A. E. Rankin of Alvarado, while the subject of this sketch commenced his scholastic training, subsequently finishing at McClure's Military College in Oakland. In 1869 he proceeded to Carson City, Nevada, and found employment in a wholesale store, at the end of three years, how- ever, he returned to Alameda County and embarked in agricultural pursuits near Centreville, where he resided until March, 1880. At that time he transferred his resi- dence to Livermore, engaged in stock-raising, and thus continued until February 1882, when he opened his present store for groceries, provisions and gents' furnishing goods at the corner of K and First Streets. Mr. Cheney married in Centreville, Ala- meda County, California, Miss Annie E. Caffall, a native of England, and has three sons, viz.: Charles, Lewis, and William. Anthony Chabot. — This gentleman, among the most enterprising of Califor- nia's citizens, whose portrait will be found in this work, was born and reared on a farm near St. Hyacinth, Canada, his father being a farmer. At the age of sixteen years he left home to face the world and engaged in various kinds of businesses with fair results until 1849, when he came to California and embarked in mining for about ten years in Nevada City with good success, being at the same time interested in build- ing ditches to supply the mines with water. In 1854 he built and was owner as well, of two saw-mills in Sierra County. In the year 1856 Mr. Chabot determined to abandon the mines for some other kind of life; he therefore proceeded to San Fran- cisco and commenced investigating into the possibility of supplying that city with water. Finding the scheme in every way most feasible, he at once entered into arrangements with John Bensley and A. W. Van Schmidt, to bring the waters of Lobos Creek into San Francisco. After much litigation about property and water rights, difificulties were eventually surmounted, and in 1858 the supply of water was commenced, and has since been continued. At the same time his mining and other business affairs progressed in a most satisfactory manner. In 1866 Mr. Chabot began to build the water-works to supply the city of Oakland, the liquid for which was first obtained from the Temescal Creek; in 1875, however, the waters of the San Leandro Creek were condemned, and from the lake that has been built there comes the main sup- ply, it being distributed through one hundred and twenty-five miles of pipe, and when finished will have a capacity of fifteen thousand million gallons, while should the neces- sity arise, it is in contemplation to increase the supply from the water-shed in the vicinity of Pleasanton. Until 1875 Mr. Chabot was the sole owner of the water supply of Oak- land, but in that year he disposed of a portion of his stock, still retaining, however, upwards of one-half of the interest. In or about 1869, in company with Mr McKenzie, Mr. Chabot built water-works for the city of San Josd; and about the same time con- structed those for the supply of Vallejo, which latter he still owns. Besides these he was engaged in many and various affairs; indeed, his life from his arrival in California 862 History of Alameda County, Calxfornia. has been one of unvarying business activity. He, at present, has large interests in the 'paper-mill at Stockton, San Joaquin County; the Judson Manufacturing Company in Oakland; the Pioneer Pulp Mill Company near Alta, Placer County, where machin- ery is now being erected for the manufacture of box or card board made from wood and used for lining and roofing houses, book-covers, etc.; the Puget Sound Iron Com- pany, which is in successful operation about six miles from Port Townsend; and he is now preparing a large tract of land in Washington Territory for the cultivation of cranberries; while he is still interested in mining, all of which have proved satisfactory investments. Mr. Chabot also took a prominent part in the founding of the Old Ladies' Home in Oakland, while his last gift to the city is the observatory now building on Lafayette Square, the telescope for which is being manufactured by Alvin Clark & Son, of Cambridgeport, Massachusetts, and which will be completed in or about the month of August, 1883. Through his life of ceaseless vigor Mr. Chabot has found time to exercise an unstinting charity; many are those whom he has helped with the " sinews of war" to aid them upwards. He, perhaps, has done more than any of Oakland's wealthy citizens, to bring business enterprises to her; his energy has ever been devoted on the side of progress, and it is to him in no small degree that she now boasts the possession of two of the greatest industries on the Pacific Coast. His deeds will live in the future; on his works should be inscribed the motto Monumentum are perennius — A monument more lasting than bronze. Augustus M. Church. — This much respected pioneer of Alameda County, whose portrait appears in this work, was born in Allen's Hill, town of Richmond, Ontario County, New York, June 19, 1816, and is the eldest surviving son of Lovett and Sally (Boyd) Church. Having resided in his birthplace until 1 831, in that year our subject launched forth to face the world, and first found employment in a hard- ware store in Canandaigua. A twelvemonth later he entered the post-office as clerk, and the year after took charge of that office in Lockport, Niagara County, New York. In 1834 he tntered the barik of L. A. Spaulding in that place, where he remained two years. We next find him in the Canal Collector's office of Judge McKane, and in the winter of 1837-38 he proceeded to Chicago to take charge of and sell out a stock of goods for the Bank of Washtenaw, Ann Arbor, which completing, he proceeded to Ot1;awa, and was there interested in the construction of the Illinois and Michigan Canal, as well as in mercantile operations. In 1839 he moved to Berrien County, Michigan, where in May, he was joined in matrimony to Miss Ellen Cronkhite a native of the State of New York, and that fall proceeded to Dubuque, Iowa and embarked m a mercantile business in Bellevue, on the Mississippi, twenty-five 'miles below the first-named city. At this period the district was infested by a gang of horse-thieves and counterfeiters with a man named Brown as their leader, who were perpetrating their rascally actions and apparently without opposition. This defiance of law and order, however, the well-disposed citizens could not brook, therefore on the morning of April i, 1840, a meeting of the inhabitants of the town and county was convened, when it was determined to resort to extreme measures to deliver them from the depredations of this pestiferous crew. Brown and his gang fortified them- selves, but were captured after considerable resistance by about a hundred citizens, who forthwith sent them out of the district down the mighty Father of Waters on a raft. In these events Mr Church took a prominent part, and afterwards, returning to Ber- rien County, opened a hotel ir? Whitmanville, Cass County, which he conducted for two years. In 1842 he transferred his habitation to St. Joseph, where, he combined trading with hotel-keeping until 1844-4S, when he removed to Saint Mary's Rapids, and managed a hotel there for eighteen months. In 1847 he returned to St. Joseph ^si^'T )L" T"^^" ^r^'^r ^""^ *"''" '^"^'^^^ ""til the ever-memorable year of tntw fTi. LiT" t^°^^ '^^' making itself heard from the shores of the Pacific to those of the Atlantic Ocean. Every one's eyes were turned to the metal-producing rivers and gorges of the Sierra Nevada. Parties, both large and small, were bein| Biographical Sketches. 863 made up to cross the unknown waste which lay between them and the terra incognita of CaHfornia, our subject was not to be behind-hand. Resigning the position of Chair- man of the Board of Supervisors of Berrien County, he in company with those two respected citizens of Alameda County, Lucien B. and Socrates Huff, L. C. Wittenmyer, the present able County Clerk of Contra Costa, A. P. Pinney and James M. Morton, both of whom are now deceased, left his home in the month of March, and started to cross the plains with three mule-teams. August 13, 1849, they arrived at Bear River and called a halt for short a time to rest, when they proceeded to the mines on the Yuba and Deer Creek. In October Mr. Church and his comrades moved to the north fork of the Yuba, and mined for a time at Goodyear and Michigan Bars; while, during this month, three of the party proceeded to the point where now stands the town of Downieville, Sierra County. Here Mr. Church's friends found the river low, set to work mining, and in the incredibly short space of six hours took out five hundred dollars' worth of gold. With elated spirits they returned to their companions then located on Goodyear's Bar, and with such prospects ahead the whole party deter- mined to locate there for the winter. The night they reached the desired and long- wished-for haven, it commenced to rain and snow, no work could be done, they there- fore left for Sacramento and passed the remainder of the winter on Rancheria Creek, cogitating on the uncertainty of things mundane. In March, 1850, Mr. Church returned to the spot which was to deliver up to him prodigious wealth, all he found was a ruin-lined stream, devoid of present or even future hope, he therefore disposed of his claim, settled his affairs, found he had eighteen hundred dollars, and determined to return to his family and home. Ere starting on his journey, however, he proceeded to Goodyear's Bar to bid adieu to his friends there, and, for safety, gave his gold-dust to a man there who kept the store, trusting to receive it the next morning before taking up the line of march. On demanding it he was told that during the night it had been stolen. Judge of his feelings when he found that thus had been swept away his entire earnings, and he was forced to return to his home hardly a cent better off in monetary affairs than when he had left. It is satisfactory to know that the identity of the thief was afterwards fully established. He continued his journey homewards, how- ever, undeterred, passed the winter of 1850 with his relatives, and in the spring of 185 1, in company with Socrates Huff, of San Leandro, returned to California. In the winter of 1851-52, with some others, Mr. Church hunted in the hills situated at the back of Mission San Jose, from which expedition each of the party cleared three- hundred dollars. In the spring of 1852 he located a trading-point, in partnership with Henry C. Smith, at New Haven (now Alvarado), from where he was elected to the Board of Supervisors in 1852-53, when Washington Township was a portion of Santa Clara County. While a resident of New Haven, Alameda County was created from out of portions of the counties of Contra Costa and Santa Clara, and disposing of his inter- est to his partner, Mr. Church was elected the first County Clerk and Recorder of Alameda. He was connected with these offices, as chief and two years as a deputy for nine years. In the year 1867-68 he was associated with the late lamented John W. Dwinelle as Representative from Alameda County, in the State Assembly; and in the year 1868-69, retired to his farm in Murray Township. In the last-named year he visited Healdsburg, Sonoma County, and met, in company with a daughter, such serious injuries from the upsetting of a Concord coach between that town and Calistoga, that he has been maimed and lamed for life. In the year 1870 he estab- lished himself in a mercantile business in Healdsburg, believing that that place would be the terminus of the San Francisco and North Pacific Railroad, but suddenly a franchise having been granted to continue the line to Cloverdale, the commercial pros- pects of Healdsburg went to zero, and with it the trade fostered by our subject. He lost money, paid his debts, and returned to his ranch in Murray Township, where' he succeeded his former partner, Henry C. Smith, as Justice of the Peace, and held the office for four years at Livermore. In 1877 he sold his estate and took up his resi- 864 History of Alameda County, California. dence in the city of Oakland, being in 1879 elected Justice of the Peace for Oakland Township, an office he still holds with marked ability. Mr. Justice Church is among the most respected of Alameda's citizens. His integrity has never been questioned; his popularity is unbounded; while, in his official capacity, he may be said to exercise a felicitous tact in all his dealings with lawyers and litigants. He is a member of the Masonic and Odd Fellows' fraternity, as well as one of the Association of California Pioneers. He married in May, 1839, Miss Ellen Cronkhite, a native of the State of New York, and has surviving a family of five children, viz.: Helen, now Mrs. Saulisbury, residing at Santa Ana, Los Angeles County, California; Sarah, now Mrs. Gill, residing near Santa Ana, Los Angeles County, California; William H., now a clerk in the post-oiifice at San Francisco; Rod. W., now residing at Livermore, Alameda County, California; Lincoln S., now residing in Oakland, Alameda County, California. Alson S. Clark. — Was born in the township of Grass Lake, Jackson County, Michigan, March 6, 1836, and there resided on his father's farm until his coming to California. Leaving home on December 15, 1862, Mr. Clark proceeded to New York, and sailing thence via Panama, arrived in San Francisco during the first days of Feb- ruary, 1863. Coming direct to Alameda County, he entered into agricultural pursuits for about three months, when he returned to his native place. In April, 1866, he came back to the Pacific Coast, and once more followed farming until January, 1876, when, with his brother, George Clark, he purchased the land and built the store where they now carry on a* general mercantile trade. Henry C. Clark. — Was born in Miami County, Ohio, December 26, 1831, and there resided until the year 1850, when he emigrated by way of the plains to Califor- nia, arriving after a tedious journey of six months. Locating in California, he there commenced clerking in a store, in Sacramento, and was so occupied until June, 1852, when he came to what is now Alameda County, and embarked in agricultural pur- suits near San Lorenzo. There he remained until January, 1853, at which date he came to his present place in Brooklyn Township, where he owns a fine residence, sur- rounded by five acres of land, and is engaged in speculating, farming, teaming, stor- ing, real estate transactions, and managing his line of schooners plying between Clark's Landing and San Francisco. Married October 15, 1868, Miss Josie S. Kim- ball, and has no issue. Barclay D. T. Clough.— Was born in Chatauqua County, New York, July 24, 1822. He sailed from New York for California ot« the Isthmus, in March, 1850, arriving in San Francisco July ist of the same year. Mr. Clough commenced mill- building in the spring of 1852, continuing in that business in California, Pike's Peak, and Idaho, until 1865, at one time owning foundries in Calaveras and Tuolumne Counties. He came to Alameda County in 1866, and purchased a farm near Niles, engaging in fruit-culture, and here he still resides. William H. Cockefair.— Was born in Essex County, New Jersey, January 25, 1833, where he resided until he attained the age of nineteen years, and learned the trade of carpenter. Sailing from New York May 10, 1852, on board the steamer Northern Light, to Greytown. He thereafter crossed to the Pacific Coast by way of the Nicaragua route, and taking passage in the steamer 5. 5. Lewis, there being on board C. .J. Stevens of Livermore, arrived in San Francisco July 7, 1852. Our sub- ject now came direct to Mission San Jos^, and after working on a farm for six months, moved to the vicinity of Alvarado, and there engaged in a like calling until I^ebruary, 1854, when he proceeded to Nevada County, and there engaged in mining q'" ^'^h1"°'^ ; ^^^" ^^ returned for a short time to Alameda County. In the fall of 1 855, Mr- Cockefair transferred his mining operations to Indian Creek and Scott's River, Siskiyou County, for two years, finally coming to Alameda County, and worked at his trade for a year. In December, 1858, he moved to Arizona, and at the end ot SIX months went on a visit to the Eastern States, with the intention of remain- ing, but longing for the sunshine of the Pacific Slope, in September, 1859, he married BOIGRAPHICAL SKETCHES. 865 and turned his face towards California. Settling in Alvarado, he there dwelt until 1 862, when he moved to Nevada, but two years thereafter came back to his favorite county of Alameda, and maintained a domicile there until 1876, at which date he proceeded to Oregon in the employ of the Government as constructor of light-houses. He remained in its employ some six years, at the expiration of which he found his way again to Alvarado, where he has since resided, following his trade of carpenter and builder. Is a member of the Washington Township Society of Pioneers. Mar- ried, September, 1859, Miss S. J. Ball, a native of New Jersey, and has two children, viz.: Ellen A. and Charles P. Homer A. Craig. — Was born in Farmington, Van Buren County, Iowa, Decem- ber 24, 1846, and is the son of George M. and Laura (Forbes) Craig. His parents moving to California by way of the plains, with ox-teams, in April, 1852, they arrived in Grass Valley, Nevada County, in the month of September of the same year, where they resided, save during the summer of 1854, which was passed in Forest City, Sierra County, until 1856. In that year they moved to Bear River, Yuba County, near where the town of Wheatland has since arisen, but which then was an immense stock range given over to large bands of horned cattle, huge elks, and other game. Here Mr. Craig, Senior, engaged in farming for about a year, whence he removed to the Feather River, Butte County, and there was employed in freighting and farming" operations until 1861, in conjunction with our subject. In 1862 Mr. Craig, Senior, died, his wife's death having occurred in the previous year, when the gentleman of whom we write engaged in a grocery business until 1873, during three years of which he was agent for the Home Mutual Insurance Company of California. In the last- named year he joined the company's office in Oakland, and took the Alameda County agency, in association with J. F. Steen for about eighteen months, when, that gentleman seceding, Mr. Craig retained the office for six months longer, when the Alameda County Branch of the Company was formed, and our subject installed as its secretary. That position he filled until June, 1878, at which time, becoming associa- ted with Edward Brown, W. P. Thomas, and W. W. Haskell, in a General Insurance Agency business, the firm of Brown, Craig & Co., of San Francisco, was established, and now consists of Messrs. Brown and Craig, the interests of Messrs. Thomas and Haskell having been purchased by these gentlemen. The address in San Francisco is No. 2 1 5 Sansome Street, where they transact a business of about a quarter of a million of dollars per annum, being agents for some of the oldest companies in the United States, among them being Phcenix Insurance Company of Brooklyn, New York; Star of New York; Insurance Company of State of Pennsylvania. In Mr. Craig we have an exemplification of what a business aptitude combined with energy can attain; without these desiderata, no one may hope to reach to the position of honor in a community which this gentleman holds. He married, October 16, 1870, Miss Dora E. Posey, a native of St. Louis, Missouri, and has five children, viz.: Dora L., Homer T., Corydon M., Woodson L., and Wesley P. Addison M. Crane, Judge of the Superior Court of Alameda County- Memoir Written by Himself. I have been requested by the publishers of this book to allow my portrait to appear, and to contribute a brief memoir of myself Inasmuch as I was a pioneer m the settlement and organization of the county, and because the people of it have repeatedly honored me with positions of public trust, I deem the request a reasonable one, and my compliance with it appropriate. It would more accord with the usual custom that such memoir should assume an impersonal form, but, since the informa- tion must necessarily be mainly obtained from myself, it would be only an affectation of modesty to shift the narrative from the first to the third person. I have concluded, therefore, to adopt the former mode. To begin with, I desire to disclaim all motives of vanity or self-laudation in what I may say, and to state that I simply aim to con- 866 History of Alameda County, California. tribute something to the early history of Alameda County. In doing so, I must nec- cessarily speak of myself and of my connection with public affairs. The life of every individual is made up of a succession of events and exper'iences. In the afternoon of life we recall the memories of childhood, of youth, and of early and mature manhood; and when one undertakes to write of himself the problem is one of condensation and omission. I shall therefore aim to make my narrative as brief as possible. I am descended directly from English stock transplanted to America in the seventeenth century. A glance at the birth and death record of my ancestors for two hundred years back shows that the family is imbued with strong vitality; and the history of individuals goes far towards establishing the fact that it is imbued also with good moral attributes. The record contains not one taint of conviction for a crime. I was born at the town of Litchfield, Herkimer County, State of New York, on July 2, 1 8 14. My grandfather, Isaac Crane^ of New York, was a soldier in the Revolutionary War, and was a commissioned officer. In 18 10, before I was born, he died, at the age of fifty-seven — his life having been shortened by hardships incident to the war. My father, Henry Crane (who died in 1875, in his ninety-second year) was a country inn- keeper, carrying on a small farm of eighty acres in connection therewith, and also an ashery, or manufactory of potash. The family of my parents consisted of ten children — 'eight sons and two daughters — of whom all but two of the sons yet survive. I was the third in the family. I early became accustomed to all kinds of farm-work; the burden of so large a family rendered necessary the strictest economy and industry, and at an early age the boys were expected to shift for themselves. At the age of fourteen I first left home, and went one hundred and fifty miles away to serve as a farmer's boy. I remained there six months, and then returned to my home. My opportunities for an education were limited mainly to the winter terms of the common school, which I managed, however, to supplement by academical instruction of about one year in all prior to my twenty-first year. These limited opportunities I aimed to improve to the best advantage. We had but few school-books in those days; but the pupils were made thoroughly to understand such as we had. At the age of seventeen I began teaching school, and continued to do so, winters, for the six succeeding years, receiv- ing the meager compensation of the times. This was a period of hard study with the constant accompaniment of manual industry. An interesting feature of it to me was the fact that the public hall in my father's house was the usual place of holding Justice's courts for the trial of contested cases. From my earliest remembrance I had witnessed these trials before juries, often contested by able lawyers from Herkimer or Utica— such as the Fords, Hoffman, Judd, Spencer, and others. These early impres- sions may have given me a predilection for the law. I certainly enjoyed and was deeply interested in the contests. I may properly add that in my then legal infancy I was imbued with greater respect and admiration for the jury system than I can conscientiously admit in my mature age. In the autumn of 1835, having emigrated to western New York, I entered the law office of Benedict Bagley, at Nunda— then in' Alleghany County, but now in Livingston County— and in June, 1837, received my first law license from the Alleghany Common Pleas Court. In July, 1841, I was licensed to practice in the Supreme Court and the. Court of Chancery of the State of New York. In October, 1839, I married Miss Gertrude Ashley, and since then we have rnade the journey of life in harmony. I erected a house at Nunda, and we resided there unti 1843— my business as a lawyer being fairly remunerative. Here our two eldest children-a daughter and a son-were born. In the fall of 1843 I sold my property at Nunda, and removed with my family to Lafayette, Indiana, and there entered upon the practice of my profession. For the first two years I was a partner of Daniel Mace and for the next two was a partner of Edward H. Brackett We did pecuniarily wel in our profession. In January, 1847, I was elected by the Legislature of Indiana, on the recommendation of the Bar of Lafayette, to the office of Judge of the Court of Common Pleas-a special court, created to relieve the pressure on the Biographical Sketches. 867 Circuit Court, and having general common law and equity jurisdiction. This court during the four years of its existence, transacted nearly all the civil business of the county. It was abolished by the new constitution of Indiana, in 185 1. I have noted, with pardonable satisfaction I trust, that some of the decisions I then made, involving novel questions and original principles in jurisprudence, are quoted in recent text- books as the now accepted law. During our residence at Lafayette, four children — two sons and two daughters — were born to us. My memories of Indiana, and espe- cially of Lafayette, and my friends and acquaintances there, are quite vivid and very pleasant. If this could properly be elaborated beyond the limits of a mere outline personal sketch, it would give me great pleasure to record some of my recollections and impressions. During the winter of 185 1 I made a journey down the Wabash, Ohio, and Mississippi Rivers to New Orleans, and returned. In the spring of 1852 I commenced my emigration overland to California, and followed an ox-team from May 6th to September ist, at which date we arrived at Stockton. This period of one hundred and eighteen days of toil was full of incident, and of the hard- ship common to all overland emigrants, respecting which much might be said. I came immediately to this valley, and located at San Lorenzo — then known as Squat- terville — and engaged in farming with the design of abandoning the law; but my professional services were soon demanded, at remunerative compensation, and I again entered the legal arena. Since then I have been constantly devoted to the law, either at the Bar or upon the Bench. In 1853 Alameda County was organized out of por- tions of Contra Costa and Santa Clara. In April of that year the first election of county officers was held, the candidates having been nominated without regard to party. At this election I was elected County Judge, and held the office for four years, practicing in the meantime in the other State and in the Federal Courts. In October, 1853, my wife, accompanied by our six children, rejoined me after a favor- able passage "around the Horn," and we located on my farm near Hay wards; and, with the exception of about one year, I have ever since then been a residenli of Alameda County — thirteen years in Alameda, six years at Washington, and now in Oakland. During our residence in Alameda County three daughters were born to us — two of whom yet survive. In 1861 I was elected to the Senate from this county, being the first Senator elected after Alameda County became a separate Senatorial District. I served in the Senate two sessions, and during the latter was President /w tern, of that body. On the 8th day of January, 1863, I participated in the ceremonies attending the breaking of ground at Sacramento, inaugurating the work of construct- ing the Central Pacific Railroad, and made the opening address on that occasion, which address was published in the papers of the day. In my Senatorial capacity I was diligent, and wcrked to improve the laws, and benefit society and the State. I introduced, amongst others, Acts to amend the laws relating to civil procedure; the new charter of the city of Oakland; the road law of Alameda County; and an Act to pro- hibit the carrying of concealed weapons. Subsequent observation convinced me that the last-named law had a powerful and excellent effect in reducing the nuniber of altercations and assassinations in California. Those were the early days of the war. The Legislature was composed almost exclusively of Union men, but there was in the State a large leaven of Secessionists, and public opinion was not so decided upon the slavery question as it became during the following year. Believing that slavery must fall before the Rebellion could be suppressed, and considering it the duty of Union men everywhere to strengthen the administration, I took occasion to address the Senate at some length upon the introduction of Union resolutions. I thought then, and now think, that I interpreted and expressed the sentiments of the voters of Alameda County truthfully as regarded the institution of Slavery; and venture to ex- tend this sketch by quoting briefly from that speech as follows: "At the foundation of all this lays that institution which has been the cause of this outbreak, as well as of all the other dangers that have even threatened our existence as a nation. An 868 History of Alameda County, California. institution, sir, wicked in its inception, cruel, relentless and unpitying in all its forms, degrading alike to all classes, making honest labor a dishonor, merchan- dise of the bodies and souls of men, shutting out the light of the advancing civil- ization of the age, and reducing to mere chattels the laborers who till the soil. This institution of human slavery is the great black ulcer which has eaten the vitals of our national existence, through the ignorance and darkness which it carries in its train. Without this, and its attendant consequences, we should have had no rebellion, no war, no such attempt as now exists to overwhelm in blood and slaughter this great and free Government. And, sir, it was not in consequence of any threats which had been made against the institution that this sedition was stirred up. No, sir. The incoming Government had been faithful in all its acts to its protection. But the elec- tion had demonstrated that the power which the master class of the South had always held in the Government had departed from them forever; that the enlightened opinion of the North was against the further extension of this blighting curse, and that, although they could remain in the Union and enjoy all their rights under the Constitution, yet they could no longer rule as absolutely as they had done in every department of the Government. Public opinion — I mean the enlightened opinion, not only of the North, but the civilized world — a power, sir, far in advance of its laws, and more potent than constitutions and compacts, had made itself felt even among the cotton-fields, sugar-plantations, and rice-swamps of the South; that power which goes forth as the precursor of revolutions — still, silent, noiseless — but resistless in its might as the whirlwind, unchecked in its power as the earthquake — I mean the enlightened sense of Christian civilization — had penetrated the Cimmerian darkness of every fastness where this great wrong existed. It then becdme evident, and such no doubt was the fact, that slavery, however faithfully the constitutional guaranties might be sustained, could not hope to flourish or extend, or even to be respected in the continued connection of the South with the North, but, on the contrary, like any other relic of barbarism, must, by the mere force of such public opinion, grow less and less, until finally it should be extinguished and cease to exist. This was the Southern view, and I am not prepared to deny its correctness. Acting upon this view, the designing traitors who have brought this rebellion upon the country resolved to break up the Union, to sever the links of the golden chain which has so long and brightly connected and bound together the sovereign States of this great confederacy, and to form a nation and government by themselves, peculiar among all the nations and governments of the earth, and which, in the language of the Vice-President, should have for its "chief and corner-stone, African slavery." This was what they resolved to do, and what they are now with arms and in battle attempting to accomplish. But in this they will fail. The attempt will prove futile. There is yet strength and power enough left in our Government to preserve itself. The people are aroused. Legions, unapproachable in numbers,'or power, or courage by any thing which can be brought to oppose them, are now striking thick and fast, and with resistless force, and the recent victories which, following in such rapid succession, have attended our advanc- ing armies everywhere show that the contest can be neither long nor doubtful. This great and irresistible host are going forth not only as an army of conquest, but of liberation, striking away the fetters with which the Southern masses have been bound, and carrying freedom to those whose liberties have been crushed out under the iron heel of the worst despotism which has ever elevated itself over the liberties of a people. And, sir, that I may be understood, I will say, that however much I may and do detest the institution which has brought upon us this calamity, yet this war is not waged for its extinction or overthrow. Such was not the object for which it was inaugurated. But, sir, while I say this, and say it in all sincerity, I will further say that this rebellion must be overcome, and the integrity of the Union in all its parts must be restored and maintained at all events, at every hazard, and at any cost. Better, sir, a thousand times better, that every human life, and every dollar of Biographical Sketches. 8C9 material wealth, in whatever shape it may exist, over the whole of this rebellious territory, should be swept away as with the besom of destruction, than that this great Government, this last hope of freedom, should perish. No, sir, perish first all its foes, and let desolation blight their fairest possession; and if at last, and when all other means have been exhausted, it shall appear that this "chief corner-stone, African slavery," presents the final obstacle, why then, sir, in the name of my country, of freedom, of humanity, and of God, I would say let slavery go down, if so be that by this means, and no other, the emblem of our nation's greatness can again be elevated over all the land, with every star yet bright and unclouded, and all the stripes of freedom still there. And, sir, while it is true that this war has no such object in view as the abolition of slavery, it is not and never can be tortured into a a war for the protfection of that institution. Like all other property and material things, negroes must take the chance of the contest. Before the grand army of the Union all obstacles to the end sought to be attained must give v/ay, and we shall not stop to inquire whether such obstacle be a negro, a traitor, or a jackass. If the rebellion can be subdued, and union, and peace, and a hearty and honest submission to the laws be restored, we will extend to and over all the same aegis of constitutional protection which they before enjoyed, and will trust that by the silent, slow, but sure operation of the advancing enlightenment of the age those States, by their own volun- tary action, will hasten to be rid of an institution which has always carried with it the curse which follows wrong. Again, sir, while we wage no war for abolition, there are hundreds of thousands, in and out of the army in the South, as well as the North, who would rejoice to see a peaceful solution, by which this great curse should be so effectually disposed of as never again to cast its hateful black shadow across the path- way of our future greatness, and who would not regret the event, should it, as one of the incidents of the war, receive forever its quietus, and be blotted from existence." I spent the winter of 1864-65 in Washington, D. C. While there I procured the passage of the Act to settle the title to the lands of the ex-Mission of San Jose, by which about thirty thousand acres of the land of this rejected Mexican grant claim was confirmed to the occupants of the land, embracing the largest portion of Washing- ton Township. While in Washington I was admitted to the Supreme Court of the United States, and argued an important land case. At the general election in 1879 I was elected to the office which I now hold. I know of nothing further to add to this brief sketch that would be of public interest. The work done by me in my official capacity must speak for itself I am conscious of integrity of purpose and motive. I have' not the vanity to suppose that this brief memoir will immortalize my name or acts. In a few more years, at most, my mortal career must end, and should the children of some future age stumble upon this book amongst the rubbish of their grandfather's garret, it may excite their interest for a passing moment — perhaps only their amusement. ---^ Judge E. O. Crosby.— The subject of this biographical sketch. Judge Elisha Oscar Crosby, was born July 18, 181 8, in the town of Groton, Tompkins County, New York. At Cortland Academy he received a fair English and Classical education. With James Leach, a leading lawyer of Central New York, he pursued the study of law, and in 1841 was admitted to the Bar of the County Court of Tompkins and Cort- land Counties. With Hon. E. G. Spalding, of Buffalo, he pursued his legal studies still further, and 1843 was admitted to the Supreme Court of the State of New York. July 18, 1843, his twenty-fifth birthday, he was examined by the eminent Chancellor, R. H. Walworth, who signed his diploma as a solicitor in the Court of Chancery of the State of New York. In 1844 he went to New York City and formed a partner- ship with Hon. Abner Benedict, an eminent member of the New York Bar. Here he formed the friendship of the most distinguished lawyers of New York— Ambrose L. Jordan, James T. Brady, David Graham, Daniel Lord, and others. Through Chan- cellor Walworth he received his first official commission. Examiner in Chancery for 870 History of Alameda County, California. the State of New York, which office he held for several years, and satisfactorily did he discharge the duties of the office, though it required a thorough knowledge of chancery practice and the rules governing the taking of testimony in equity cases. Sharing in the excitement caused by the discovery of gold in California, he sailed, on Christmas-day, 1848, for the new Dorado, bearing letters from Messrs. Howland & Aspinwall, directing their agents to give Mr. Crosby every facility to reach California. On the 28th of February, 1849, he arrived in San Francisco. So soon, widely, and favorably did he become known, that he was selected as one of the forty-eight dele- gates (of whom but six or eight still survive) who were sent to Monterey September I, 1849, to form a State Constitution, to bring order out of chaos, and found a new empire of civilization, the first upon the Pacific Coast. In this convention Mr. Crosby took an active and prominent part. As Chairman of the Finance Committee, and in organizing the judiciary of the new State, Judge Crosby did most efficient, commend- able work. By hard, earnest, faithful work, the Constitution was soon ready to submit to the people for their ratification. At the request of the Sacramento delegation. Judge Crosby was appointed, by Governor Riley, Prefect of that large district. As such officer he was obliged to establish precincts, return the votes for two Congressmen, Governor, and all other State officers. So faithfully and promptly did he discharge his responsible duty that he established fifty-two precincts, had all the votes collected and expressed to Monterey to be counted December i, 1849. He did this at a per- sonal expense of $1,400, which the State has never returned to him. During the first and second sessions of the Legislature Judge Crosby was a member of the Senate. He held the important, onerous position of Chairman of the Judiciary Committee, and largely assisted in organizing the judiciary system of the State. Though he often worked till two and three o'clock in the morning, he was always in his seat in the Senate promptly at 9 o'clock. The Senate journal, especially of the first session of the Leg- islature, shows, through his able reports, his faithful, important, successful labors in organizing the Supreme Court, District Courts, the adoption of the common law, etc. Removing to San Francisco in 1853, he successfully engaged in prosecuting Mexican and Spanish grants to lands before the United States Land Commission and the United States District and Supreme Court, on appeal. The archives of the United States Land Commission and the United States Courts show the extent and success of his labors. To prosecute appeals in the Supreme Court, he was admitted an Attorney and Counsellor of the Supreme Court of the United States. By President Lincoln he was appointed Minister to Guatemala. From the President he received repeated thanks for the faithfulness and efficiency with which he discharged his duty, but especially for his important services as umpire to the Joint Commission, appointed by Great Britain and Honduras, to settle treaty stipulations for adjustment of claims growing out of the Protectorate of the Bay Islands of Honduras and the Mosquito coast and territory. From Great Britain and Honduras he received thanks for the able and impartial manner in which he discharged the delicate, responsible duties of that position. His health failing, he tendered his resignation to Secretary Seward, and went to Philadelphia for medical treatment. After three years he went to Europe to study the world's older civilization in contrast with that of the new State, to found which, on the shores of the Pacific, he had given the energies and labors of the best years of his life. From Europe he returned to his beloved California, the best, most favored land, in his opinion, that the sun shines on. Some five years since, by a vio- lent cold settling in his eyes, and the subsequent maltreatment of a professed oculist he suffered the loss of the sight of the right eye, with the impairment of the other. By this terrible blow he has been obliged to discontinue his professional labors With resignation and cheerfulness he discharges the duties of his present station in hie that of Justice of the Peace, with kindness and justice— a credit to his past life and the community, where he lives. For years he has been a member of the Ethno- logical Society of New Yprk, and has, from time to time, made contributions to its Biographical Sketches. 871 literature, which have been published in the journal of that learned society. In the Masonic Order he is a Knight Templar. He is also a member of the Society of Cal- ifornia Pioneers, the Legion of Honor, and other benevolent associations. May his long, varied, useful life be continued many years among a people who can appreciate the fact that very few men now living in California have, by hard, unselfish labor, the truest patriotism and zealous, intelligent devotion to duty, done more than Judge Crosby to make the Golden State the most happy, the most prosperous, the most to be envied in the sisterhood of States. John Gushing. — The subject of this sketch whose portrait appears in this work was born on the east side of the Green Mountains, Bethel, Orange County, Vermont, September 28, 1832, and is the eldest child of Daniel and Hannah (Townsend) Gushing. When but one year old he was taken by his parents to Delaware County, Ohio, and seven years later to Kane County, Illinois, where his father was engaged in the manu- facture of fanning-mills and reapers. In 1846 death deprived him of his mother, and the home associations being thus broken, his father and our subject in March, i 849, com- menced the arduous undertaking of crossing the plains to California. On the journey, Mr. Gushing, Senior, sickened and died, and with a heavy heart our subject continued his lonely way, arriving with his party at Sacramento, October i, 1849. On arrival he laid in a stock of provisions and took them to Bidwell's Bar on the Feather River, where he passed the winter of 1849—50, varying the monotony of the days by occa- sional prospecting. In the succeeding spring he moved his worldly possessions to Redding Springs, Shasta County, thence to Weavervilie, Trinity County, where he lived until the fall of 185 1, established himself, and brought goods from Marysville. He afterwards for a time engaged in mining at Weavervilie and for the winter of 185 1 returned to Shasta, but soon moved to Whetstone Bar, Trinity River. Mr. Gushing and his companions built the first cabin in that quarter. He then returned to Shasta County, and engaged in ranching on the Stillwater, until the spring of 1853, when he engaged v^'ith the firm of Tomlinson & Wood, wholesale grocers, at Shasta. In 1855 he entered into partnership with G. I. Taggart in the retail grocery business in Shasta City, which continued two years, at the end of which he associated himself with O. P. Fuller and erected a brick building, twenty by eighty feet, wherein he carried on the same business. The partnership with Fuller lasted one year, when he then joined C. C. Bush. In 1866 he disposed of his business to Bush & Carlson, removed to Roaring River, or Cottonwood, and conducted a mercantile business for three years and a half, when, selling out, he came to Oakland in 1870, having first taken a trip through the State. In the spring of 1870 he purchased a half-interest in the business of R. McCrum, general grocers, where he remained five years, consolidat- ing, however, at the expiration of three years, with the firm of L. Bradley. In the following year Mr. Gushing sold out to J. J. Gadogan and retired from business for a twelvemonth. In 1876, in partnership with Andrew Ryder, the present County Clerk, Mr. Gushing once more engaged in business, and at the end of eighteeen months, pur- chasing the interest of that gentleman, he has since conducted its affairs alone. Mar- ried, March 22, 1862, Annette, daughter of N'C. Farrington, of Orino, Maine, and has: Henry, Rosie, Charles, and George. L. H. Cutler, M. D. — Was born in Ballston, Saratoga County, New York, April 9, 1822, and there remained during the first six years of his life, at which time he was sent to Sharon, Litchfield County, Connecticut, for a further period of five years. He then joined his parents, who had taken up their residence in Rochester, and subsequently removed with them to Cleveland, Ohio, where our subject resided and received his early education. He next ittended and graduated from the West- ern Reserve Medical College in 1846, and in the spring of the following year emigra- ted to Stephenson County, Illinois, where he commenced the practice of his professiori. Leaving that State in March, 1850, for the Golden State, he arrived at Johnson's Ranch on the national holiday of that year, and proceeding to Nevada City, 872 History of Alameda County, California. there dwelt and engaged in business in partnership with P. B. Fagan for two years. In the fall of 1852 he returned to Illinois, and afterwards took up his residence in Wright County, Iowa, with his family, and there made his domicile until 1872. Doc- tor Cutler's has been no ordinary life; indeed, it may be said it has been one of extraordinary activity. In the year i860 he was elected to the State Legislature of Iowa for one term; in January, 1862, he assisted -in the organization of the Thirty- second Regiment, Iowa Infantry, and with this corps proceeded to the front as Cap- tain of Company A. He was subsequently transferred to the Ninth Regiment, as surgeon, and with it remained until mustered out of the service after the siege of Vicksburg. He then returned to his home in Iowa, and, in the bosom of his family, dwelt continuously there until he once more turned westward toward the Pacific shores. On arrival, he looked around for a spot on which to "pitch his tent," but where all places are so captivating he found difficulty in making a choice. At length his selection was made in Alameda County, in February, 1872, and in the following year his family joined him at Livermore, where he has since resided, practiced his profession, and conducted a drug-store. He married his present wife October 9, 187s, Miss F. A. Keeler, a native of Medina, New York, and has three children, viz.: Charles C, George L., and Cora A. Robert Dalziel. — Was born in Scotland in the year 1836, and there resided until he attained the age of fifteen years, at which period he came to the United States, settled in Brooklyn, New York, and embarked in the gas-fitting business, which he continued until 1858, in which year he sailed round Cape Horn, arriving in California in March, 1859. Having worked for three months at his trade in San Francisco, he then moved to Sacramento, where he follovved his calling for five years. At the expiration of that time he established himself in his present plumbing busi- ness in Oakland. Mr. Dalziel has now bought a one-third interest in the San Fran- cisco Brass Works, at Nos. 413-415 Mission Street, San Francisco, where all kinds of brass goods as well of every manner of plumbing materials are manufactured. Married in 1863 Miss Agnes Smith, and has seven children, viz.: Andrew, Robert, Alexander, William, James, Margaret, and Anstruther. William E. Dargie. — The subject of this sketch, whose portrait appears in this work, is the son of John and Eliza G. Dargie, and was born in San Francisco, March 13, 1854. He received his early education in the public schools of that city, graduat- ing from the Union Grammar School and subsequently attending the High School for a year. At thirteen years of age he secured the position of bill clerk to Armes & Dallam, wholesale dealers in wood and willow ware, with whom he remained a twelve- month. He now commenced an apprenticeship to the printer's trade in the office of the San Francisco Evening Bulletin, where he continued until 1875, during the time having gradually risen through the different grades of the composition-room and being finally transferred to the editorial-rooms as a reporter. At this time Mr. Dargie determined to secure a better education for himself, he therefore entered the State University in 1875, being at the same time engaged in special reportorial work for the Bulletin, with the emoluments from which he paid his expenses. During the vacation which followed the close of the Freshman's year, Mr. Dargie purchased a controlling interest in the Oakland Tribune, and assumed the management of that journal July 24, 1876. The changes made in the paper, and its progress to its present status among the leading dailies of the. State have been noticed elsewhere, suffice it to say that Mr. Dargie's management has been eminently successful. On February 27 1883, he was appointed Postmaster of Oakland for a term of four years, and his man- agerial experience has been brought to bear upon the routine of the new office which has already worked a decided benefit to the community at large. Mr Darc^ie retains his interest in the Tribune, being still its manager. He married in San'' Leandro December IS, 1881, Miss Erminia, eldest daughter of Miguel Peralta, a native of Alameda County, and has one son, William E., Jr. Biographical Sketches. 873 Hiram Davis. — The subject of this sketch, whose portrait appears in this work, was born in Genesee County, New York, March 2, 1830. At the age of nine years he was taken by his parents to Michigan, and in the following year accompanied his uncle, Samuel Holmes, to Hancock County, Illinois, where he received his schooling and resided until 1847. In that year he emigrated with a company of Mormons to Council Bluffs, Iowa, and thence to Missouri, finally, in the spring of 1848, going to Salt Lake City, where he dwelt until 1849. Late in the fall of that year he started for California, and on arrival commenced mining in Mariposa County, which he con- tinued until 1850, when he came to Alameda County, and in 1854 purchased a farm near Alvarado, on which he resided until 1865, when he went to the Eastern States, but after a visit of eight months, returned and settled on Dry Creek, where he lived until the year 1870, at which time he moved to his present ranch. Mr. Davis owns one hundred and forty-three acres of land, and is engaged in general farming. He married in Michigan in 1856, Miss Martha Fairfield, a native of that State, and has nine surviving children, viz.: Martha A., born April 6, 1858; William Lee, born January 6, 1861; Mary L, born October 8, i862;'Sarah J., born June 18, 1864; Clara L., born November 7, 1871; Harriet R., born March 6, 1876; Edward R., born July 8, 1868; Joseph M., born July 18, 1872; Frederick H., born December 15, 1879. Ezra Decoto. — The subject of this sketch, whose portrait appears in our work, was born in Lower Canada, September 2, 1833, and is the son of Charles and Mary (Gerbeto) Decoto. Havirig resided with his parents until fifteen years of age, he went to Hazardville, Connecticut, and worked there, afterwards becoming foreman in a cooper's shop for four years, at which time he started for California. Leaving New York, April 15, 1854, on board the Moses Taylor to the Isthmus of Panama, on the Pacific side per George Law, he arrived in San Francisco May i8th, and directly pro- ceeded to Alameda County, and commenced raising strawberries on the Encinal of Alameda, an occupation he continued two years, when he embarked in the business of raising potatoes in the same place. In 1858 he changed the field of his operations to San Leandro, and embarked in the cultivation of potatoes and the cereals, which he prosecuted for four years, at which time he removed to Haywards, and there farmed until 1867. Mr. Decoto then disposed of his property, and with his brother purchased three hundred and thirty-four acres from Jonah C. Clark, where he settled, and commenced farming. Here he farmed until 1871, when they sold two hundred and eighty-four acres to the Central Pacific Railroad, and reserved the balance, on a portion of which he now resides. In 1873 he purchased one hundred and ten acres near Washington Corners, and disposed of it in 1881. Has been School Trustee for ten years. Married, August 21, i860. Miss Janet Lowrie, a native of Stirling, Scot- land, and has a family consisting of four girls and three boys, viz.: Charles, born June 6, i86i,died February 20, 1869; Lizzie, born April 4, 1863; Mary, born May 8, 1865; Peter, born January 4, 1869; Janet, born February 14, 1871; Alvena, born June 25, 1873; Ezra, born February 6, 1876; Lewis, born June 20, 1868. Carlo Delmue. — Was born in Switzerland in 1854, and there resided with his parents until he attained the age of fourteen years, when he emigrated to California, landing in San Francisco in September, 1869. He at once proceeded to Suflol, Ala- meda County, where he found employment on a farm. Four years thereafter he started a dairy on the ranch where he now resides in Sunol Valley, which he con- ducts in connection with several places in different parts of the county. Joseph Dieves — Whose portrait appears in this work — was born in Heimerz- heim, on the Rhine, Germany, August 24, 18 16. where he received a common school education; served his apprenticeship to the cabinet-maker's trade, and resided until he attained the age of twenty-five years. He then was absent three years in Belgium, France, and Holland, during which he improved himself in the mechanical depart- ments of his trade, and on his return home worked at his calling till the year 1847, in which year he emigrated to the United States, settled in Boston, and resided there 56 874 History of Alameda County, California. until 1848, when he located near Milwaukee, Wisconsin, and followed his own occu- pation combined with farming. In 1853 he came to the Pacific Coast, arriving in San Francisco on the 1 5th of April, and proceeding directly to the mines at Sonora City, there remained three months, at the end of which time he came to Alameda County, settled in the city of Oakland, and engaged in carpentering until 1856. At that period he opened the Eagle House, then the principal hotel there, situated on Second Street and Broadway, and there remained until 1861. He then moved to the Three-mile House on the San Leandro Road, where he remained three years, after which taking charge of the Continental Hotel in San Francisco for three months. Mr. Dieves next took the Cosmopolitan Hotel in Oakland, and conducted it until 1868, when he returned on a visit to Germany. On coming back to California he built on Ninth Street, Oakland, and subsequently purchased an interest in the Oak- land Brewery, a history of which will be found in its proper place. Married in April, 1846, Miss Gertrude Gette, a native of Germany, and has two children, Joseph P., born January 2, 1847; and Mary, born" September 29, 1849. Hugh Dimond. — Was born in County Derry, Ireland, March 27, 1830. In the year 1844 he emigrated to the United States, first settling in the city of New York, where he served an apprenticeship as a machinist. May 12, 1850, he sailed in the Cherokee to Chagres, whence proceeding to Panama, he there took passage to San Francisco, where he arrived on the 22d June. Mr. Dimond at once proceeded to try his luck at the mines, and continued that occupation in different localities until 1852. At this date he associated himself with C. D. O'Sullivan and W. F. Cashman in a mercantile business in Mariposa, and thus continued until 1862, when he came to San Francisco and embarked in the liquor trade. In 1867 he settled on his present prop- erty in Brooklyn Township. In 1872 married Miss Ellen Sullivan, who died 21st April, 1877. His family consists of a daughter and two sons, viz.: Nellie, born in Geneva, Switzerland, August 2, 1873; Hugh S., born in Pons, France, 8th June, 1875, and Dennis S., born in Oakland, Alameda County, California, loth August, 1876. Hon. Mathew W. Dixon. — The subject of this sketch, whose portrait appears in this work, was born in Kanawha County, West Virginia, March 28, 1828. In 1840 he accompanied his parents to Jackson County, Missouri,' and there resided until the year 1849, when, emigrating, he crossed the plains to California, starting on April ist and arriving at Sacramento on the 28th September. Having mined at Hangtown (now Placerville) until November ist, he then proceeded to Santa Clara County, where he settled near Mountain View, and purchased two claims, farming in that section until 1865. In that year he moved to the place on which he now resides, having pre- viously purchased it in 1861, and consisting of some three hundred acres. Besides having engaged in grain-raising, Mr. Dixon also owns an interest in certain ware- houses in Milpitas, Santa Qara County, which were erected in 1868. In 1869 he was elected to the Board of Supervisors, and served two years; was elected to the Assembly from Alameda County in 1874 on the Independent ticket, being re-elected in 1876 by the Democrats. In 1882 Mr. Dixon was nominated for the Senate by the Democratic Convention by acclamation, and only lost his seat by the paltry majority of forty votes. In Mr. Dixon we have one of those men, who, from small beginnings, has sprung into prominence by his own indomitable perseverance and unaided efforts! His motto through life has evidently been— to conquer or to die. His name is asso- ciated with all that is good; his official career has ever been without blemish, while in private life he is deservedly honored by his fellow-citizens. Married, firstly July 21 ^ol^' '^T ^^'^^ Whisman, a native of Jackson County, Missouri, who died May 10 186& By that union there are two surviving children, viz.: James K. Polk, and Rachael Emily. Married, secondly, October 7, i866, Mrs. Rhoda A. Emmons, and has Hattie, Jennie, G., and Mathew W., Jr. Martin Donohue.— Was bom in King's County, Ireland, November .1, 1832 When seventeen years of age he emigrated to the United States, and resided princi- Biographical Sketches. 875 pally in the city of New York and the Western States until April, 1865, when he sailed from the Empire City for California via Panama. Having resided in San Francisco until 1868, he then moved to Alameda County, and locating near Dublin, there purchased a tract of one hundred and sixty acres, which he lost after a law- suit lasting ten years, the title thereto being defective. Since that time Mr. Donohue has contented himself with leasing land, and is now on a ranch situated about two miles from Pleasanton, a portion of the Bernal Rancho. Married, and had two chil- dren, both of whom are now deceased. Hugh Dougherty. — Was born in County Tyrone, Ireland. In the year 1858 he sailed from the green old isle to the United States, and proceeding to Philadelphia there sojourned for a short time. He then moved to Gloucester County, New Jersey, where he farmed until leaving for California. On March 25, 1865, he started by way of Panama for the Pacific Coast, and arrived in San Francisco on the i6th of April. He came at once to Alameda County, and found employment with John M. Horner at Mission San Jose for ten months, when he purchased the eighty-acre tract now in the possession of Mrs. John Taylor, and managed it for two years, at which time it was sold and his present property acqnired, on which he settled February 3, 1870. From this land he was ousted through a defect in the title on June 3, 1 871, since when he has rented it. His farm, which comprises three hundred and twenty-four acres, is situated five miles from Livermore, and there Mr. Dougherty devotes his time to general farming and stock-raising. He is married, and has a family of five children, viz.: John, Hugh, Alice, Mary, and Josephine. James W. Dougherty (deceased). — The subject of this sketch, one of the best known pioneers of Alameda County, was a native of the State of Tennessee. At seventeen years of age he emigrated to the State of Mississippi, and there resided until 1849, having held the onerous and responsible offices of Sheriff and County Cleric of the county of his residence. In the above-mentioned year he sailed from New Orleans in the ship Humboldt for the Pacific Coast, but on arrival only stayed a short time in San Francisco. Having returned to his adopted State in the fall of 1850, the month of March, 185 1, saw him once more leaving New Orleans for Califor- nia, in company with Thomas D. Wells, now of Dublin, and several others. On arrival he proceeded to Sacramento, re-engaged in the business which he had started in 1849, and there resided, conducting it until 1852. In the spring of that year, having been joined by his wife, he came to Alameda County, and with William Glaskins purchased the Rancho of Don Jose Maria Amador, then consisting of some ten thou- sand acres of land. Some time afterwards the interest of Mr. Glaskins was purchased by Samuel B. Martin, whose share was bought about six years ago (about 1876) by Mr. Dougherty. This estate is now in the hands of Charles P. Dougherty, his son, who resides in the old homestead of the Amadors in the village of Dublin. Mr. Dougherty died September 29, 1879, leaving one son, named above. He was married in Tennessee, and had four children. Lorenzo DresCO. — Was born in Piedmont, Kingdom of Sardinia, Italy, Decem- ber 25, 1825, and is the son of George and Mary Ann Dresco. At the age of nine years he moved with his parents to the island of Sardinia, and there resided until he reached man's estate, when, in 1846, he proceeded to Genoa, whence he sailed to Montevideo in South America. He then proceeded in a small craft to Buenos Ayres, and remained there until March 17, 1850, on which date he sailed for Califor- nia, rounded Cape Horn, and arrived in San Francisco Harbor July loth of that year. He immediately proceeded to Calaveras County, and afterwards to different mining localities, followed that occupation until 1863, when he transferred the scene of his operations to Mariposa County, and there dwelt until 1869, when, removing to the White Pine district, Nevada, he engaged in mining and prospecting. In 1871 he came to Alameda County, and entered the employ of C. T. H. Palmer, of the Oak- land Street Paving Company, being foreman tkere for thirteen years, on the expira- 876 History of Alameda County, California. tion of which he proceeded to Santa Clara County, and opened the Mount Hamilton Road. In January, 1882, he located himself in business at the corner of Broadway and Twelfth Streets, Oakland. Married December 25, 1879, Miss Lydia French, and has no issue. Carl Duerr. — A portrait of whom will be found in this work, was born August 9, 1824, in the judicial district of the town of Pforzheim, Grand Duchy of Baden. His parents were John K. Duerr and Emilie Katharina Duerr, n^e Finter. The father, who held an elective municipal office for many years, took an active part in politics, always supporting the most advanced liberal principles, soon experienced the displeasure of the higher government officers during the period following upon the close of the Napoleonic wars. With an inherent dislike to monarchical institutions, the beacon light of liberty in the far west had long ago attracted his attention. Carl, the subject of this sketch, was the second of four sons. After receiving a common school education, he entered a machine shop at the age of fifteen, attending twice every week one of those technical schools found in most German cities. He was employed during this time on the first railroad built through the valley of the upper Rhine. While working at the large machine shop in Zurich, Switzerland, 1844, he got news of his father's final resolution to carry out his long cherished plan of mak- ing the country of freedom his future home, though knowing full well that all the material benefits could only be in the future prospects of his children. Carl, upon receiv- ing the news, immediately returned home and devoted the remaining time exclusively to the further study of mechanical engineering. After a favorable voyage of thirty- two days across the Atlantic, he arrived in New York August 8, 1845. Newark, New Jersey,where several friends of the family were already located, was their objective point. The father, after a short residence in the town, bought a farm near Orange„ New Jersey. Here the mother died in 1849, forty-seven years of age. Two of the sons being married by this time and the younger following the sea, the father being entirely left alone, disposed of his farm and spent the remainder of his days in New- ark, where he died in 1867, seventy-one years of age. Charles, immediately after their first arrival in Newark, obtained work in a machine shop. At the end of one year he undertook, under the circumstances, the desperate venture of starting a machine shop on his own account. He did well beyond expectation. The news of the California gold-fields, however, soon had their effect on his sanguine and restless disposition. In the fall of 1849 the business that had been built with such energy and perseverance was sold out against the advice of his best friends. Steamer tickets were sold months ahead. On the 4th of April, 1850, he left New York for Panama, via the West Indies. After another stoppage of forty-five days, awaiting the steamer at Panama, he arrived in San Francisco July 11, 1850. For two years he was engaged in the city, mostly in building. In March, 1852, he went to Oregon by steamer, with L. Nusbaumer and others, returned by land, and arrived in the Sacramento Valley with a large drove of cattle in the fall of that year. On the 3d of March, 1853, through the advice of a friend, Fritz Boehmer, now residing in the town of Alameda, Charles Duerr came with him across the bay of San Francisco in a schooner, to locate a quarter-section of land for the latter, the identical place where now the town of Mount Eden stands. Being no practical farmer, the land was let on shares. In company with a friend, they started a shop, chiefly for the repairing of machinery. In 1855 he sold the possessory right to his land, and bought, together with L. Nusbaumer, another place on Dry Creek, in Washington Township. In the fall of 1857 the two jointly rented the estate of John W. Kottinger, in Murray Township, following sheep-raising and merchandising. Was appointed, 1858, a Jus- tice of the Peace for the unexpired term of John W. Kottinger, resigned; in the fall of 1858 he was elected a member o'f tfie Board of Supervisors for Murray Township. In 1862, through the friendly assistance of J. West Martin, Esq., now mayor of Oakland, Duerr and Nusbaumer jointfy acquired their first interest in the Rancho EI Biographical Sketches. 877 Valle de San Jose; subsequent purchases increased their interest to over three thousand one hundred acres. They made their permanent home on the " Arroyo de la Laguna," two miles above Sunol, near the Central Pacific Railroad. Mr. Duerr followed survey- ing for some fifteen years; was elected County Surveyor in 1871. The later years he devoted exclusively to the management of his own affairs. Was married last January to Lucia Diestel who came from Germany only a few years ago, and who faithfully shares with him the never ceasing cares of a rural occupation. John Dugan. — Was born in Ross County, Ohio, March 2, 1838, but when eleven years old moved with his parents to Springfield, Illinois, where he learned the trade of painter and resided until he concluded to emigrate to California. On March 8, 1859, having paid seventy-five dollars passage-money, he started from Pike's Peak, and veritably tramped across the plains to the Pacific Coast, walking alongside the wagons by day and sleeping under the clear cold sky by night. Such were the hard- ships that many endured to reach the land of gold. Arriving in Siskiyou County in September, 1859, he there resided until 1864, when he engaged in mining, and in that year proceeded to Nevada. On March 10, 1865, our subject started for Virginia City with a train of twenty passengers bound for Idaho City,, in the Territory of that name. On March 27th, at 8 P. M., they were attacked by a party of Indians, and twenty-four head of horses were run off Next morning by daybreak Mr. Dugan had everything in readiness to follow the Indians, and capture them if possible. Selecting four of the best men, as he thought, they started in pursuit, and after traveling about ten miles came to where the redskins had made a halt and killed and eaten several of the horses. Encouraged by the freshness of the trail, Mr. Dugan's party pushed forward, intending to overtake them before they could cross the Jordan River. Following up the trail and passing through a rough and volcanic region, a halt was called, when it was found that two of the men had deserted. After follow- ing the trail for forty-eight hours, it was discovered that the Indians had stolen across the- Jordan; therefore Mr. Dugan was forced to find his way on foot to Idaho City, where he arrived on May i, 1865. At the end of two months he returned to Virginia City, and 'on the journey assisted in the rescue of several families who were surrounded by Indians, at the head of Paradise Valley, on the Little Humboldt River, and there remained until the fall of 1865. At this time he came to California, followed different occupations, and in 1878 located in the town of Newark, Alameda County, where he -was the first to purchase a lot, on which he built the Newark Hotel, a hostelry which he at present conducts. Married October 10, i860. Miss Mary Wheeler, a native of Missouri, and has three children, viz.: John L, William W., Edgar E. Henry Dusterberry. — Was born in Hanover, Germany, February 17, 1830, and is the son of Gerhard Henry and Mary Angeline (Husted) Dusterberry. Having been educated in the public schools of his native country, he there resided on his father's farm until the year 1847, when he emigrated to the United States. After a few weeks passed in New York he proceeded westward and commenced farm labor in Racine County, Wisconsin, which he followed two years. In the winter of 1849- 50 he returned to New York, but in the spring went back to Wisconsin and was employed until March, 1852, as a teamster. April 14th of that year he started to cross the plains to California, being in company with two young men and having four yoke of oxen, wagon, and a couple of horses. Arriving in this State in the early part of September, Mr. Dusterberry at once entered into the occupation of mining in El Dorado County, and there remained at Cedar Ravine until the spring of 1853, at which time he moved to Grizzly Flat and there continued until the fall of 1854. At this period our subject first came to Alameda County and for the first year worked for Ed. Niehaus & Co. In 1855 he returned to Grizzly Flat and there spent portions of it and the following year, after which he returned to Alameda and his former employer, with whom he resided until the spring of 1857. He was subsequently variously employed, chiefly in farming transactions with Mr. Niehaus until July, 1863, 878 History of Alameda County, California. when he purchased the place on which he now resides. Mlarried September 25, 1863, Miss Ellen Faley, and has a family; viz.: Mary, Henry, Frank, Frederick, and Lizzie. Mr. Dusterberry has represented during two terms Washington Township on the Board of Supervisors, and is the present member from that district. N. D. DUTCHER. — Was born in Jefferson County, New York, March 15, 1850, where he resided for the first ten years of his life. On February 15, i860, he accom- panied his mother with one sister and two brothers to California by way of Panama, and arrived in San Francisco exactly one month thereafter. His mother having pro- ceeded to Castroville, Santa Cruz County, where her brother, H. W. Rice, resided, our subject lived with her there until the month of December of the same year, when she moved to Alameda County and located at Haywards, where Mr. Dutcher was educated. In 1868 he came to Livermore and commenced learning the blacksmith's trade with James Beazell, but after nine months went to work with R. N. Caughill where he completed his apprenticeship. He now engaged in the employ of Allen & Graham as clerk in a general merchandise store for eighteen months, after which he served in the establishment of Charles Whitmore, for a year, when, on the opening of the house of G. W. Comegys— now the firm of Comegys, Black & Co., he worked for him eighteen months. On November i, 1876, Mr. Dutcher entered upon the tin- smith and hardware business in the building now occupied by the Review office, and in September, 1879, moved into more commodious quarters located on Lizzie Street,, where he is engaged in carrying on a flourishing trade. Has been Town Clerk of Livermore for one year. E. Dyer. — Was born on the second day of March, 1828, in the town of Sullivan, Hancock County, Maine. Son of Joshua and Elizabeth Dyer, natives of that State. His grandfather, Ephraim Dyer, for whom he was named, was a revolutionary soldier, was present at the battle of Hubbardton, at the battles of Stillwater and at the sur- render of Burgoyne, and also served under Washington and Lafayette, and settled in Maine shortly after the close of the Revolutionary War. The subject of this sketch spent his early boyhood on his father's farm, was educated in the public schools and under private instructors, and could probably have entered an Eastern college had his means permitted. Was engaged in various employments, working in a ship-yard, school-teaching, surveying, etc., till the breaking out of the gold fever in California, and in the spring of 1850, at twenty-two years of age, having collected his available means, purchased a steerage ticket for that place, cabin tickets being beyond the reach of people of moderate means, and on the 1 5th of June of that year, sailed from New York for Chagres on a steamship commanded by Lieut. Schenck, and after eight days arrived at Havana, where the passengers were transferred to a steamer of about one- half the size; Lieut. Herndon, commanding, and in four days arrived at Chagres. The transportation up the river was in the hands of Jamaica negroes, which they carried on by means of small boats, loading them, as a rule, within six or eight inches of the gunwale, piling the baggage up high, and seating the passengers on top of that. Having embarked on the river, about two hours after dark they encountered a terrific tropical thunderstorm. Umbrellas would collapse immediately under the weight of the descending water, and it required the utmost efforts at bailing to prevent the boats from sinking. The wild shouting of the boatmen to prevent collision, the terrific thunder, the pitchy darknes.s, only relieved by the vivid lightning, together with the sense of great personal danger, made it an occasion never to be forgotten. Finally the passengers all effected a landing about eight miles above Chagres, where they found shelter under an old rookery. At daylight they again started up the river, and in two or three days they landed at Golgona, whence he took land passage to Panama, distant twenty-seven miles. At that point hearing nothing of the steamer in which he was to take passage to San Francisco, and having contracted the Panama fever, he exchanged his steamer ticket for cabin passage in the British brig Guinare, which sailed in a few days, and after a long passage arrived at San Francisco on the 17th day of September, Biographical Sketches. 879 1850. Business here, of all kinds, was at high pressure. Hundreds of miners were arriving from the mines, the larger part of whom, however, were "dead broke;" but many brought large quantities of gold, which they freely spent at the gambling-saloons, which were running at full blast at nearly every corner of the streets. Many of these saloons were most gorgeous in their appointments. In many of them hundreds of thousands of dollars were in sight. Gambling was a mania which seemed to have seized all classes. Skilled labor was high, carpenters receiving from eight to twelve dollars per day; masons, from ten to fourteen. The wages of common laborers were comparatively low on account of, so many miners returning disappointed from the mines and seeking work. Good board for working men was obtainable at ten dollars per week, with as good lodging as is now afforded to farm-hands by the majority of California farmers. No vegetables were furnished except potatoes, as all others were enormously high. Mr. Dyer stopped in San Francisco, engaged in various employ- ments about two months, and then took passage on a sloop for Union City, which was the embarcadero from whence nearly all vegetables raised in California were shipped. His object in going there was to get a chance, if possible, to engage in farming opera- tions on his own account. In two days the passage was effected. This was his first arrival in what is now Alameda County. He found that nearly all produce shipped herfe was raised by John M. Horner, there being, however, a few others who were small producers. He took conveyance on a lumber-wagon to Mission San Jos^, ten miles distant. This he found to be a most lively place. E. L. Beard lived here, who, together with John M. Horner and Andreas Pico, laid claim by purchase, to the whole tract of the ex-Mission San Jos^. Mr. Beard was carrying on farming operations to some extent, and to him Mr. Dyer applied for land to farm, but without success. In passing from Union City to Mission San Jose on the then traveled road, only one house, a Spaniard's, was to be seen. The whole country presented the appearance of a barren waste, dry and verdureless, from the city of San Jose to where Oakland now stands. No trees, except a few scattering ones on the creeks, which had been left by the browsing ca^le, thousands of which roamed the plains, and it was a deep mys- tery to him upon what they subsisted, as, according to his Eastern experience, the dried up grass strewn in every direction was utterly worthless. What a contrast between the country now and as it then appeared. On his way back to San Francisco, he made a detour, passing through the Horner Ranch, where he found them digging potatoes and shipping them and other farm produce to market. Farm hands, potato- diggers, here were paid fifty dollars per month. When he reached Union City on his return, he found the opportunity which he so much coveted. A Mr. Cheney living near Horner's ranch, offered him his board, land, seed, feed, and team to carry on farm- ing operations, charging a rental of one-half for their use. He accepted this offer, but Mr. Cheney, upon the death of his wife, which occurred shortly after, found him- self unable to carry out his part of the agreement. It being then too late to seek another opportunity of that kind, which it was almost impossible to obtam among strangers, he engaged himself to J. M. Horner, to work on his ranch for one year m hopes that he might get another chance to farm by the end of his term. Mr. Horner had about one thousand acres inclosed, and cultivated, perhaps, one hundred and fifty. Produce that year had ranged very high, potatoes selling for ten cents per pound, cab- bage one dollar per head. Mr. Horner sold that year from about three-fourths of an acre, ten thousand dollars worth of tomatoes. His principal crop, however, was pota- toes' which were selling at ten cents per pound. His total profit for that year must have been very large, indeed. He was the largest farmer in California by far, and was known throughout the United States as the great California Farmer. Contrast the magnitude of his farming operations then with the large farming operations earned on at the present time. The ranch work was performed by three classes: Americans, who generally did the teaming; Sonorefias, and Yaqui Indians, who did the digging and delving. This wft another successful year for farmers, who were largely remuner- 880 History of Alameda County, California. ated for their labor and enterprise. The desire for farming was greatly stimulated by these successes, more especially as it had been ' demonstrated that not the moist lands alone, such as those constituting a part of the Horner Ranch, were capable of raising potatoes. Mr. Horner made extensive preparations for extending his business outside his ranch limits, on other portions of the ex-Mission San Jose, and the Pacheco Rancho, near Alvarado; a part of which he had bought. He rented these lands on a certain share, generally furnishing seed, team, etc. Another opportunity for farming was again opened to Mr. Dyer, but was lost through the somewhat sharp practice of a prospective partner. It was again too late to get another opportunity. The fates were evidently against him, and he gaVe up any further attempt in that direction. Learning that large quantities of grapes were raised in Los Angeles, and could be bought very cheap owing to the extreme difficulty of shipping them to San Francisco in good order, where they bore a veiy high price, and remembering to have heard in his boyhood that grapes packed in sawdust, had been shipped from Spain and arrived in good order in the United States, he resolved to try the experiment on the Pacific Coast. Having entered into partnership with William H. Graves, they went to Los Angeles, and finding the business such as it had been represented, rented a vineyard as the nucleus of their operations, depending mainly on buying their grapes. In proper time Mr. Graves returned to San Francisco to superintend the buying and shipping of boxes and sawdust, while Mr. Dyer remained in Los Angeles to attend to the buying, packing, and shipping of the fruit. Returning to San Fran- cisco after an absence of two years, he found the whole farming community of Ala- meda County involved in inextricable financial ruin. The year 1852, the first year he was in Los Angeles, was an exceedingly prosperous one with farmers. This com- pletely turned their heads. The larger portion of the land from the Mission San ]os6 to Union City was ploughed up and put in potatoes. The farmers exhausted the profits of the year before, and all they could obtain on credit to put in their crops. The yield was very good. Many could have sold their crops in the field, at largely renumerative prices, but they were looking for a bonanza. There was a perfect mania on the potato question. Very few sold, and most of the crop of Washington Township was piled up in cribs on the banks of Alameda Creek at Union City. The ' supply in California proved in excess of the demand three to one, and the most of these potatoes rotted on the banks of the creek, a total loss to their owners. J. M. Horner, who, up to this time, had been the financial and agricultural king and oracle of these parts, was also involved in the common ruin. Mr. Dyer having spent two more years at Los Angeles, returned to reside permanently in Alameda County. In 1858, being desirous of purchasing improved cattle in the Western States, to drive to Cali- fornia, to explore personally the route over which they had to be driven, he took passage at Placerville August, 1858, in the overland stage, arriving at St. Joseph, Missouri, in forty days, being detained in Salt Lake City ten days of that time. He was the first through passenger across the continent, being the pioneer in that respect of the Overland Mail Line. Mr. Dyer, while in Illinois, married Ellen F. Ingalls, a former resident of his native town, and second daughter of B. F. Ingalls, a prominent ship-builder in that portion of Maine. They returned by steamer to California in the fall of 1859, and settled at Alvarado. In 1861, after the election of Lincoln, he was appointed by Lieutenant Beale, United States Surveyor General, United States Deputy Surveyor, and was engaged in the Government surveys, under him and his successors twelve years, surveying, in addition to other tracts, the lands lying on the eastern boundary of the State, extending from below Lake Tahoe nearly to the ' Oregon ine, embracing the region about Lake Tahoe, Sierra, Honey Lake, and Sur- prise^Valleys. In November, 1863, he was elected Captain of the Alvarado Guards, .which position he held until the general disbanding of the military companies of the State, by Governor Haight, in 1867. He united with a company in 1870, in building a beet-sugar factory m Alvarado, which proved an utter fail*e, as the management Biographical Sketches. 881 fell into incompetent hands. A second factory built on the same ground, under a different management has proved a success. In 1874 he moved with his family from Alvarado to live on a farm he had bought some few years before, near Altamont, Murray Township, and also to take charge of some landed interests that he held there in common with other parties. The method of summer fallowing, which was not in vogue here except on his own farm and in a very few unimportant cases, he made compulsory on the lands under his charge, where from being almost non-producing, they now raise under this method a fair remunerative crop. Many other farmers have followed the example, and sumrqer fallowing, among successful farmers, in all places adapted to it, is now rather the rule than the exception. Ebenezer Herrick Dyer. — The subject of our sketch, whose portrait will be found in this work, deserves a high place in the history of Alameda County, for in the promotion of her resources, upon which her present prosperity and her future wel- fare depend, no man, among all those honorably mentioned in this work, has labored with greater zeal and more untiring energy. Coming here in the infancy of the county he was quick to see her necessities and her possibilities, and with the push, energy, and determination of purpose that have always characterized him, he has stood in the face of, to ordinary men, unsurmountable difficulties, and has succeeded in raising his own limited fortune to ample proportions, and in establishing an industry in our midst the possibilities of which, not orily to our county, but to the whole coast, no human foresight can to-day set the bounds. The "Standard Sugar Refinery" at Alvarado is a monument to the success of Mr. Dyer, in the manufacture of pure sugar from the sugar-beet, the abundant product of our fertile valley. Millions of dollars are annually sent abroad for sugar, and the consumption is increasing at a rapid ratio. This success shows that push and energy are what are needed to make the business a success in this country, and to keep for our own people the millions thus sent abroad. The "Standard," under Mr. Dyer's management, yearly throws on the market one ?ind a half million pounds of pure white sugar — not such as the early article manu- factured, but pure and well refined, equal to the best of cane. This work; this grand result, has been accomplished under the most discouraging conditions for man to encounter, and succeed. Failure has succeeded failure all over the United States, but Mr. Dyer, since he first became connected with the business, in 1869, has "sta,yed" with it, at times venturing his all upon its success, taking the stand that, with proper man- agement, and an understanding of the business itself, it might be made an abundant success. He claimed that our conditions of climate, our people, and our mode of doing business were not properly understood by the foreign sugar-makers that have heretofore generally had the management of this industry, and his success justifies those views. Standing as we do to-day upon the summit, and viewing the fruits of the energetic, strong, and pushing character of the subject of our sketch, we are lead to inquire the origin and life of such a man. Ebenezer Herrick Dyer was born at Sullivan, Hancock County, Maine, April 17, 1822; he descended from the Cushings, Sawyers, Thorndykes, and Dyers, who- were among the first English colonists of New England. Ephraim Dyer, his grandfather, was a soldier of the Revolution. With an education afforded by the public schools of his youth, he was early thrown upon his own resources, which, with the stern teachings of New England life, .soon developed his active mind and formed a symmetrical, energetic, and pushing character. He embarked in business in his native town as a merchant, which he soon enlarged so as to embrace the lumber business and the operation of the Sullivan Granite Quarries, which he conducted on a scale commensurate with his energy. While operating these quarries he furnished large quantities of granite for the Government in different parts of the United States. Seeking a wider field he came to California, via the Isthmus, in 1857, and finding a promising new country, he returned in the fall of the same year for his family, consisting of a wife and two children. He arrived the second time in April, 1858, and settled at Alvarado, where he has since resided. He first engaged 882 History of Alameda County, California. for a short time in stock-raising. In the fall of 1859 he was elected County Surveyor of Alameda County, and re-elected in 186 1. In the latter year he was appointed United States Deputy Surveyor by Surveyor General E. F. Beale, and served in that capacity, under various Surveyors General, for about ten years. In 1869 he first became connected with the beet-sugar business at Alvarado, in connection with some of the leading men of our State. The first attempt at the business was not a success, its management being in the hands of Messrs. Bonesteel and Otto, two men brought out by the first company from Wisconsin, as "experts," to manage affairs. Mr. Dyer, although not a sugar-maker, or with any previous knowledge of the business, by his connection with this first attempt, gathered information which led him to believe that, under proper management, the new enterprise could be made to succeed; so strong, in fact, was he impressed with this idea, that, when the first company left, in 1871,-for Sequel, he bought the factory buildings, with lands adjacent, with the expressed pur- po.se of making a success where a failure had been, and regaining the money he had lost in the first attempt. The repeated failures in the business heretofore throughout the United States made capitalists timid, and it was not until 1879 that Mr. Dyer succeeded in enlisting others in the enterprise with sufficient capital to make it a suc- cess. In 1876 he was chosen by the Second Congressional District of California as a delegate to the National Republican Convention at Cincinnati, Ohio, which he attended. At that time he traveled to the places of note in the East, with his family, taking in, of course, Washington and the Centennial Exhibition. In 1879 he suc- ceeded in forming the Standard Sugar Manufacturing Company, for the purpose of manufacturing sugar from beets, at the locality of the first attempt, at Alvarado. He was appointed and remains at present General Superintendent and Business Man- ager for the company. The name of the corporation is now the Standard Sugar Refining Company, and of its success it is hardly necessary to speak, but it may be mentioned that the earnings of the company last year were thirty-three per cent, on the amount invested. So much has energy, perseverance, and pluck accomplished, where failure was and had been predicted again and again. Harman Eggers.— Was born in Germany, April 19, 1823, and was there edu- cated. At sixteen years of age he commenced to learn the trade of bricklayer, and in 1844 emigrated to the United States. Locating in Perry County, Missouri, he there passed the winter of 1844-45, and in the spring moved to St. Louis, where he worked at his trade for a time. In 1853 he crossed the plains -to California with Mr. Blacow, and arrived October 21st, settling at once on his present estate, comprising one hundred and ten acres. Married, in St. Louis in 1852, Miss Mary Durreng, a native of Germany, and has: Louis H., Edward H., Matilda, Frank, Alice, and Helen. Solomon Ehrman.— Was born in Lichtenfels, Bavaria, March 4, 1846, where he received a common school education, and afterwards finished his scholastic training at the Fiirth College. In May, 1863, he started for the United States, and first land- ing m Baltimore, there sojourned for two months. At this time he sailed for Cali- fornia, via the Isthmus of Panama, arriving in San Francisco September 3, 1863. Coming direct to Mission San Jos^ he there joined his brother, Max. Ehrman, but subsequently moved to Suisun, Solano County, where he was in business four years Eventually returning to Mission San Josd, he there entered into partnership with Leopold Bachman, the latter of whom retiring on September i, 1880, was succeeded by A Lebrecht, the style and name of the firm being Ehrman & Lebrecht. The history of this firm, which is very interesting, we give as follows : The original firm was founded in 1854, by S. Strauss, Leon Ehrman, and S. Bachman, under the firm name ot btrauss & Co. They occupied an adobe building on the site of the present store ^Z'^^u"^^ ^^° ye^''^. Strauss withdrew. The remaining partners kept "Bachelors' Hal , Ehrman attending to the store while Bachman peddled with a wagon. While the atter traveled over th^ country, he had many adventures, the details of which would b2 interesting as illustrations of life in California before it had bcome so com- Biographical Sketches. 883 pletely Americanized as in later years. Upon one occasion, a native Californian lord, desirous that his household should appear in raiment, ample as well as rich, asked the traveling tradesman what he would take for his entire stock. Upon being informed — a large enough price of course — the trade was immediately consummated, and the wagon emptied, the purchaser taking his chances as to the nature and style of the goods, and the seller returning to headquarters for another load. In 1 864 they bought out the business and stock of Musser & McClure, and moved across the street into the place occupied by the latter firm, an adobe building on the church property. • There was no change in the firm until 1868, when Mr. Ehrman withdrew, and his nephews, Max and Solomon Ehrman, were admitted to the partnership. On July 4th, they moved into the new frame building which they had ere'cted on the west side of the street, at a cost of five thousand dollars. On the night of opening a grand ball was given by the firm. It was a magnificent affair, and probably the largest ball ever in the valley. Everybody was invited, and everybody came. Even the babies could not stay at home, and a considerable number of the drawers and shelves were utilized for cribs. In the great railroad accident at Simpson's Station, October 14, 1869, Max Ehrman was killed. In December of the same year Mr. Bachman retired, and his brother Leopold, together with Charles Adler, were admitted to the partner- ship. Adler soon withdrew, leaving the business to Solomon Ehrman and Leopold Bachman, who continued under the firm name of Ehrman & Bachman until the late change, a term of nearly eleven years. Mr. Lebrecht, who succeeded Mr. Bach- man's interest, is a brother-in-law of Mr. Ehrman. He was • formerly a resident of this State, but had lived in North Carolina. Married, December 11, 1870, Miss Lina Lebrecht, a native of Niiruberg, Bavaria, and has three children, viz.: Alfred M., Alexis, and Mattie. Frederick G. Eiben. — -Was born in Germany, November 3, 1848, and there resided until he attained the age of seventeen years, at which time he emigrated to the United States, and settling in New York City, there followed the grocery business until his coming to California in 1876. Locating in Oakland, he opened his present store under the style of Eiben & Steen, the latter of whom retiring in 1878, A. J. Nor became associated with him in the concern under the firm name of Eiben & Nor, Oakland. Married, October 2, 1870, Miss Frieda Petersen, a native of the city of Lubeck, Germany, and has one child, Etta, born in West Oakland, November 29, 1877. Robert William Elliott. — Bom in Clay County, Missouri, August 9, 1831, where he was educated and resided until 1856. In that year he crossed the plains with ox-teams and a drove of cattle, and arrived in Solano County, California, in the month of August. Having settled, in the first instance, near Dixon, he embarked in the stock business, and followed it until 1865, when he turned his attention to general farming and the culture of the vine. He afterwards was for some time engaged, and is still interested, in coal-mining in Oregon. In 1873 he discontinued his operations in Solano County, and in the following year ' took up his residence in Oakland, where he has since resided. Married July, 1855, Miss Josephine B. Mc- Donald, and has: Adelaide McDonald, Mark L., and Richard H. James Emerson.— Was born in Swinton, Yorkshire, England, October 25, 1821, where he resided and followed farming until April, 1851, in which month he sailed from Liverpool for the United States. Landing in New Orleans in May of that year, he soon proceeded up the Mississippi to St. Louis, but afterwards located in bt. Clair County, Illinois, where he farmed until April 5, 1853, when, joining a train (among which were Robert and John Blacow and Herman Eggers and their families), he crossed the plains to California with ox-teams. Arriving at Mr. Blacow's ranch Octo- ber 20, 1853, Mr. Emerson started out to find work. After a year's service with Mr. Blacow, he leased land of Lyman Beard, and farmed until the fall of 1857, when he purchased the place opposite that now owned by Mr. Gallegos, where he remained 884 History of Alameda County, California. until 1868, then selling out, he bought his present property, consisting of seventy- acres, situated about a mile and a half from Centreville, where he is engaged in general farming and fruit-raising. Married in April, 1862, Miss Anna Eggers, a native of Germany; and has seven surviving children, viz.: Nellie, Annie, Louisa, Julia, Alice, Ralph W., George I. John M. English. — The subject of this sketch, whose portrait appears in this work, was born in Hagerstown, Wa.shington County, Maryland, February 17, 1834. At the age of five years he was taken by his parents to Jefferson County, Western Virginia, and there received his education and resided until his leaving for California, in 1851. On the 4th December of that year he sailed from New York on board the steamer Phymetes, and proceeding by the Nicaragua route, finished the voyage in the Independence, arriving in San Francisco January 7, 1852. Mr. English at once set- tled on a farm near Centreville, Alameda County, which is now occupied by George Patterson, where he remained one season, when he moved to an estate on the San Lorenzo Creek, where he farmed until 1857, when he transferred the scene of his operations to the property where he now resides, purchased by his uncle, Samuel B. Martin, the tract so acquired being one league square. The portion occupied by Mr. English is situated two miles and a half north from Pleasanton, and comprises three hundred and twenty-five acres of fine land. In Mr. English we have one of nature's truest noblemen, a man whom it is an honor to know, and whom to know is to appre- ciate. Married in San Francisco, in 1869, Miss Leta, daughter of'Captain Smith of Sonoma County, by whom he has four surviving children, viz.: Frederick, Genevieve, John, and Ada. ' Adam Fath. — Whose portrait appears in this history, was born in Bavaria, Germany, November 20, 1821, and there resided until he attained the age of twenty- five years, having learned the trade of shoemaker with his father. In May, 1846, he determined to emigrate to the United States; therefore, taking ship at Bremerhaven, he sailed to the "Land of the Free," and first found employment in Buffalo, on board a steamboat. In the following year he enlisted in the United States Army (Ord- nance Department), and, with his corps, proceeded to and took part in the Mexican War, after which he came to the Pacific Coast; and to California with Captain C. P. Stone, who was detailed to establish an arsenal at Benicia (now Solano County). In the establishment of that post Mr. Fath took part, and there was quartered for some time. May 27, 1853, being mustered out of the service, he then went to Fort Point, where he helped to land the first seven cannon, at the time of the Crimean War, in 1854. Then he returned to Benicia and took charge of the Government stock, under Captain Cleary, Quartermaster, for two years. Then he betook himself to dairying, and so contmued until 1859, when he transferred his location to Alameda County, and first settled on land now owned by Charies McLaughlin, about six miles from Livermore on the Azro Bayo. There he resided until the fall of 1864, when he came to Liver- more, took up a claim of one hundred and sixty acres of land— his pay for Army services— on which he now resides. Married in Vallejo, Solano County, California in 1857, Miss Mary Feehely, a native of Ireland, and has six children, viz.: John A Valentine, Mary M., Annie M., Frederick W., Louisa L Antonio FONTE.— Was born in the Western Islands, in the year 1826, where he resided up till he attained the age of twenty years, at which period he commenced a seafaring life. This occupation he followed three years, two of which he passed in the East Iridies In 1851 he hied himself unto the Land of Gold. Settling in San Francisco in March, he obtained employment in a warehouse at Clark's Point and there remamed until the month of October. Mr. Fonte now engaged in the 'milk trade, carrying it across the bay from San Antonio (now East Oakland), to San Fran- cisco, in a whale-boat. While thus employed he made the acquaintarice of the late* AtX^nJ^nf"^' ^ ' '!i *u T"**' °f December, he was engaged as an assistant. At the end of two years and a half our subject started a boarding-house on the site Biographical Sketches. 885 where now stands his store, which he carried on, save for four months during the years 1855, until 1861, when he built and opened his present establishment, which he still conducts, situated at Nos. 800 and 802 East Central Avenue, East Oakland. Married January 20, 1856, Miss Rosanna Lyons, and has five children, viz.: Henry, Maria, Joseph, James, Anna, surviving. Samuel Francis. — This well and favorably known merchant tailor of Oakland is a native of Belfast, Ireland, born in 1846. He remained in his native country until 1863, serving an apprenticeship the latter four years to the tailor's trade. In the above year he emigrated to Toronto, Canada, and two years later removed to Chicago, Illinois, and there resided until the fall of 1871, when he came to the. Pacific Coast, selected Oakland as his future home, and opened up his present successful business at No. 1006 Broadway, where, after a residence of twelve years, through honesty, integrity, and strict business principles, he enjoys the confidence and esteem of the whole community in which he resides. Mr. Francis was united in marriage, Decem- ber 18, 1870 to Miss Jessie Douglass, a native of Canada. By this union they have one child, Frederick J. John L. FresE. — Was born in Bremen, Germany, April 15, 1831. Being not yet eighteen years of age, he> emigrated direct to California, making the passage in the brig Express. On arriving in San Francisco he crossed the bay to the region then known as the Contra Costa, and located, in 1849, on what is now the line of Adeline Streetj in the city of Oakland, on the place lately owned by Mr. Briggs, situated between First and Second Streets; it was called the Old Ranch. He there engaged in farming, and was the first to raise potatoes in what is now Oakland Township. In 1850 he moved to the place which went by the name of the "Old German Corral," which stood on land now defined as between Fourteenth and Six- teenth Streets, where he resided between six and seven years. He then moved up town to where the town site then was, and kept a restaurant and lodging-house on Broadway. In 1865 he purchased his present property, consisting of four large lots, located on Railroad Avenue and Bay Street. Married in Oakland, in the fall of 1 860, Miss M. Weingthr, a native of Germany, and has two children: Carl J. and Louisa. J. Homer Fritch. — Was born in San Francisco, California, May 31, 1854, and is the son of George and Margaret (McKew) Fritch, the first of whom arrived on the Pacific Coast from St. John's, New Brunswick, in 1850, as the master of a ship, and the latter from Australia in the famous year '49. After passing from 1866 to 1868 in St. Mary's College, San Francisco, our subject entered the Oakland Collegiate School, and went through a full course of three years and a half under F. M. Campbell, the late State Superintendent of Public Instruction. For the next fourteen months he was in the employ of J. T. Millikin of San Francisco, after which he entered the service of R. D. Chandler, wholesale cpal-dealer, having risen during his employment ^o the position of head book-keeper; then, in 1878, he commenced busi- ness in Oakland as importer and dealer in wood and coal. He married, November 8, 1880, Miss Mary W. Lippitt of Petaluma. ^ „ o Elijah Foster. — Was born in Yorkshire, England, November 26, 1828, and farmed there until February 2, 1850, when he sailed for the United States, arriving in New York, March 28th of the same year. Remaining in Geneva, New York, until December, 1853, he then took passage in the Northern Light, and crossmg the con- tinent by the Nicaragua route, on the Pacific side, sailed m the Sierra Nevada, finally landing in San Francisco, December 31, 1853. A few days later he crossed the bay to Mission San Jose, and finding employment in Union City, there remained for a time Mr. Foster next took a spell at the mines until the following summer, when' he returned to Alameda County, worked at different occupations until 1861, and in that year purchased the place he now occupies, consisting of one hundred and twenty acres, situated near Murray's Landing, where he is engaged in general farming and stock-raising. Is married, and has one daughter, Mary A., and an adopted son. 886 History of Alameda County, California. Philip J. Gerhardy.— Whose portrait appears in this work, was born at the Castle of Hardenberg, Hanover, Germany, February 22, 1841, and is the son of Prof H. Gerhardy, a graduate of Heidelberg; residing in his birthplace until 1855, when he came to America on a pleasure trip, but on his arrival in New York, being so favorably impressed with the city, he concluded to seek his fortune in the New World, and immediately found employment in a large tea store, where he remained for three years. He then, in 1858, concluded to come to California, and with a com- pany of young men he came, via the Isthmus of Panama, from whence he sailed for San Francisco, and there found employment in the Mint Market for about two months, when he started a similar business for himself, in which he was very success- ful, making sortie $30,000 in sixteen months. He then sold out, and proceeded to the Russian River, where he engaged in the stock business; purchasing a large num- ber of cattle, he drove them to Sacramento, were he met with a serious loss in the drowning of piost of his stock at the time of the flood in that city in 1862. He then returned to San Francisco, and engaged in the butcher business, and thirteen years ago transferred his business to Oakland, and opened his present shop at Nos. 829 and 831 Broadway. As proprietor of the well-known San Francisco Market Mr. Gerhardy, in early times, has met with many reverses, but with a strong will and strict integrity he has surmounted them all, and is now in easy financial circumstances, and doing a prosperous business. With an exceedingly generous nature he lends a helping hand to all charities, and is highly respected by all who know him. At the age of forty years our subject was married to an estimable young lady, the daughter of Elder G. W. Kinkada, a graduate of the Woodland College, Yolo County. ^ William P. Gibbons, M. D.— Was born in Wilmington, Newcastle County, Del- aware, April 19, 1812, and is the son of William Gibbons, M. D., and Rebecca (Donald- son) Gibbons. Having resided with his parents, and from them received a careful early training and education, he subsequently learned and followed the printing busine-ss for several years. Mindful of the necessity of a more liberal education, he also attended during this period medical and scientific lectures in Philadelphia, and became a member of the Philadelphia Academy of Natural Sciences, which institu- tion has ever afforded the best opportunities for study and investigation in every department of science. It was here that botany became a specialty, outside of his subsequent profession. Failing in health, he returned to the county of his birth, and farmed there until 1839, when he was induced to take charge of a seminary for young ladies, at Poughkeepsie, Dutchess County, New York, a position he held until 1849. During his tenure of this office he assiduously devoted himself to the study of ntedicine, and, by more than ordinarily close application, was enabled to graduate in the year 1846, in the University of the city of New York. In the last-mentioned year, aided by Messrs. Kelly and Pratt, two lights of the "fourth estate," Dr. Gibbons made a raid upon the ancient Lancashire School system in Poughkeepsie, and by a series of well-planned and successful attacks carried war into the camp of the enemy overthrew the pernicious method of a by-gone antiquity, and succeeded in establishing the free school system, which has, far and wide, become a pride to our country For four years the Doctor served as President of the Board for the management of this system, which he had been instrumental in creating, with the gentlemen above named In the month of December, 1852, he sailed from New York, per steamer Uncle Sam to the Isthmus of Panama, where he was attacked with cholera, then so prevalent among the emigrants, who were detained by thousands in that pestiferous climate. The Doctor says that he shall ever remember with gratitude the kindly act of the late W. C. Ralston who carried him in his arms from the hotel to the beach, when he was so enfeebled by disease as, to be unable to walk. It is truly by such happy actions that friendships are cemented and recollections are perpetuated From Pan- ama he sailed on the Cortes, Captain Crocker, on that memorably disastrous voya-c Biographical Sketches. 887 during which fifty-eight of her passengers were buried in the ocean, as many more having succumbed to the cholera on the Isthmus; and shortly after landing, on January 3, 1853, he commenced the practice of his profession. This he continued until 1856, when he moved to Columbia, Tuolumne County, and lo! here the old Lancashire School system flourished like a green bay tree. To attack it was second nature with the Doctor; aided by a few citizens, in a little while the free school system was inaugurated, a brick school house was built, and accommodation provided for the instruction of two hundred children. Doctor Gibbons resided in Tuolumne County until 1862, when he made atrip to Mono County, and finally took up his quarters in Aurora, Esmeralda County, Nevada; moving therefrom, however, in 1863, to Alameda County and town, where he has since practiced his profession. At the incorporation of the town of Alameda, in 1872, Doctor Gibbons was elected to the position of President of the Board of Education, and was mainly instrumental in the organization of the present school system for which that town-township is so deservedly famous. Married, March 5, 1835, Mrs. Mary Robinson, a native of New York City, the ceremony being performed in the good old Quaker fashion, while their marriage certificate has on its face no less than one hundred and thirteen names. The family now surviving by this union consists of three sons, viz.: Robinson, Alfred, and William. William T. Gibbs.— Was born in Howard County, Missouri, June 6, 1829, and is the son of Frederick and Elvira (Fields) Gibbs. Receiving his early schooling, and having served an apprenticeship to the blacksmith's trade there, in 1850 he started for California by way of the plains and at once proceeded to El Dorado County, where for twenty-seven years he was chiefly engaged in mining, six years of which he filled the office of Justice of the Peace, and for several years was a Notary Public. In 1877 he took up his residence in Alameda County, and commenced his present bu-siness of blacksmith in Oakland. Mr. Gibbs has always been an active Republican, and is at present Chairman of the City Republican Central Committee of Oakland. Married, November 10, 1851, Cynthia A. Turner, by whom he has eight children, viz.: Elizabeth, Elvira, William T., Jr., Olive, Alice, Mary, Andy I., and George D. Col. E. M. Gibson. — Of the thousands of young men, who, at the outset of the Rebellion went promptly forward at the call of their country's distress, and who fought heroically through that contest for the supremacy of the Union and the preservation of national honor, there was no one who responded more enthusiastically to the call, or who bears more lastingly the evidences of service well rendered than the subject of this sketch, Col. E. M. Gibson. It is not that his heroism was of any more distinguishing quality than that of his comrades, for all were heroes; but that he was one of that vast army of patriots who proffered their lives for a bulwark against oppression and dissension, and, as such, won for himself the meed of praise that is befittingly ascribed to those both dead and living, whose sacrifices have ennobled the inheritance of manhood in this country. Colonel Gibson is a native of Hamilton County, Indiana, where he was born on the 13th day of June, 1842. His parents were natives of North Carolina, and were of the old Quaker stock. They reared their children in accord- ance with the strict principles of worth and integrity, which are the grand foundation- stones of that most pure and elevating faith. The grandfather of our subject was a Revolutionary soldier, and a pensioner to the day of his death for service rendered in that war. His grandmother on his mother's side was a near relative of the late E. M. Stanton, the distinguished Secretary of War. His father moved to Indiana while the country was yet new, and won for his family, by industry and thrift, a moderate com- petence for their support. Col. Gibson's opportunities for an education were neces- sarily limited, as the country was but poorly developed, and log school houses with benches, desks of slabs, with one end of the room devoted to a fire-place, greased paper for window-panes, and the rudest facilities for instruction — were as much a part'of his early experience as of many another Western boy who has risen to positions of honor 888 History of Alameda County, California. and trust, if not to fame. His success to-day is due to his own resolute and steady diligence, to an inherited practical talent and a manly integrity, the bsst patrimony ever bequeathed by parent to child. In the midst of the slavery agitation his father, true to the principles of his religion, cast his fortunes with the growing party of free- dom, and the son, while yet a boy, following in the footsteps, likewise formed an ardent attachment for the party of liberty and Republican ideas. At the age of eighteen, when the war broke out, he enlisted as a private soldier in Company A, 19th Indiana Volunteers, and soon went with his regiment to Wabhington City, which was then menaced by the Confederate Army encamped within sight of the capitol. He served with his regiment' in the Army of the Potomac, participating in the battles of Gainesville, Second Bull Run, Chantilly, South Mountain, Antietam, First and Second Fredericksburg, Chancellorsville, and many skirmishes and engagements, including Pope's celebrated retreat from the Rapidan River to Washington City, when the army was under fire for twenty-one consecutive days. Finally, at Gettysburg, that contest which broke the backbone of the Rebellion, he fell at the head of his men in one of the first battles, with his right ankle so badly shattered by a grape-shot that amputation became necessary. It was thus that this youth, who went out in strength and vigor from his fond, early home, at the call of his country's distress, returned four years later scarred and crippled, and in suffering and experience veritably a veteran. Compelled by his disabfldty to engage in ah occupation of a professional character rather than in agricultural pursuits, which had been the delight of his early years. Col. Gibson chose the law. Returning to Washington City, he spent two years in the Columbian Law College, at the end of which period he graduated with honor, and was admitted to practice in the Supreme Court of the District of Columbia. For six years he was employed in one of the Executive Departments at Washington, during which interval he married. He came to this coast in 1870; practiced law in San Jos^ San Francisco, and Oakland, and for the last three years has been District Attorney of Alameda County. How well and how faithfully he has discharged the duties of that office the public well understand and appreciate. Such are the leading incidents in the life of this patriotic citizen, who has always maintained an elevated standard of morality and political honesty. In 1882 he received the nomination of the Republican Convention for the office of Railroad Commissioner of the Third Railroad District, and made an active canvass of the southern half of the State, making forty-seven speeches in twenty different counties. He was defeated, as the State went over- whelmingly Democratic at the election, but ran about four thousand votes ahead of his ticket. He is now out of politics, and engaged in the practice of law in Oakland, and IS hvmg a quiet, happy life. His most amiable and excellent wife and three bright charmmg little daughters, are devotedly attached to him, and make his home on Jefferson Street one of the most happy in Oakland. He delights in study and gives much time to reading history and literature, being a man of refinement and of a sympathetic nature and very temperate in his habits. J. C GiLSON.— Was born in Rockingham, Windham County, Vermont, May 23 1844. He received an elementary education in the common and academic schools of his own State, and subsequently spent about two years as a student in Amherst Col- lege^ Mr. Gilson began teaching at the age of seventeen years, and successively taught in the State.s of Vermont, New Hampshire, and New York. From the latter State in the spring of 1869, he came to California and engaged in teaching in Alameda County, fn ,sT H ■" ' chosen profession until elected County Superintendent of Schools in 1877. Having served the county for a term of two years, he was at the following election re-elected for three years, but resigned the office in March, 1882, to take thi ?hiHr°en. 2"?^""*^"^^"^ °f the Oakland city schools. He is ma;ried and has two Au^ustV?^I'.-^U^r^'"T GL^SCOCK.-Was born in Panola County, Mississippi. August 25, 184s, thence he removed, with his parents, to North Carolina, and after- Biographical Sketches. 889 wards to Virginia. In 1856 he came to California, and from that time until 1858 lived in San Francisco. In the latter year the family settled in Oakland, where Mr. Glascock entered the Durant School, then under control of the Rev. Henry Durant, the father of education in this State, the founder of the College of California, and the leading spirit in the formation of the University of California. Under the influence of this wise and guileless old man Mr. Glascock was prepared for college, which he entered in 186 1. He graduated in 1865 as valedictorian of his class. At school and in college he showed a quick and ready mind, and gave promise of intellectual ripe- ness, which promise his manhood has amply fulfilled. After graduation he read law in his father's office; but wishing for more advantages for legal education than our young State then possessed, in 1867 he went East, and entered the law school at the University of Virginia, where, by close application, he compressed a two years' course into one year. Returning to this State in 1868, he was admitted to the practice of law by the Supreme Court, and immediately entered into practice with his father, W. H. Glascock, with whom he has remained ever since. In the spring of 1875 he married Miss Mary Wall, a daughter of Jesse S. Wall, a prominent citizen of Oakland. The result of this union has .been two children, both having been born in this county. Mrs. Glascock is an intelligent and accomplished lady, well known through her literary work, and, particularly, as being the author of an interesting novel entitled "Dare." In the fall of 1875 Mr. Glascock was elected District Attorney of Alameda County by over eight hundred majority, being the first Democrat elected in the county for many years. He served the people faithfully and conscientiously, satisfying all by his integrity and good work, and, upon the expiration of his term, declining a second nomination, returned to the practice of law. In 1880, much against his inclination, the nomina- tion for Congress in the Second Congressional District was forced upon him by the Democrats of that district. He recognized the impossibility of success, but, true to his idea of duty, having accepted, he literally took off his coat and went into the fight; and, though defeated, succeeded, through personal popularity, and a most thorough canvass, in very largely reducing the majority against him. In 1882 he was selected by the Democratic State Convention as a nominee for Congress from the State-at- Large by the handsome vote of three hundred and eighteen out of four hundred and fifty-seven members constituting that body. He made the most extended canvass of the campaign, speaking in almost every county in the State, and was elected by over thirteen thousand majority. During the campaign he earned a well deserved reputa- tion for oratory. He is a fluent and powerful speaker, drawing a crowd by his personal magnetism, and holding them well. He is yet a young man, and a brilliant future is predicted for him in Congress. He occupies a high position at the bar as a good pleader and logical reasoner; and in politics, he stands forth as an incorruptible man, ever on the side of the people, and against special privilege and injustice. He is bold in enunciating his principles, and firm in maintaining them. Mr. Glascock is justly considered one of the leading young men of the State. Alameda has now the first representative, elected from her county, in Congress — one who is identified in every way whh her interest, and alive to her welfare; a man upon whom she can fully rely, as a mother upon the strength and intelligence of her son. George Godfrey.— This old pioneer of the Golden State is a native of Wind- sor, Berkshire, England, and was born October 20, 18x5. The first twelve years of his boyhood were spent in his native village, when he went to London and first found employment in a coffee store, where he remained for two years. Our sub- ject then engaged in a saw factory, where he worked for the following eight years. In the fall of 1825 he enlisted in the reserve battalion Rifle Brigade, and was stationed at Dover, from whence he was ordered with his regiment to Halifax, Nova Scotia, where he remained some four years. Then purchasing his discharge, he came to the United States, and first located in Boston, Massachusetts, arriving there in 1846. Then he- was employed on a lighter, unloading vessels, until the summer of 1849, 57 890 History of Alameda County, California. when he concluded to seek his fortune in the Golden State, and he accordingly took passage on board the Leopard. Coming via Cape Horn, he arrived in San Francisco Tune 14, 1850. Unlike most of the early Californians, Mr. Godfrey did not make his way to the mines, but located in San Francisco, and engaged in the laundry business, in which he was very successful; and, at the close of fourteen years, with strict economy and close attention to business he found himself possessed of an ample fortune. He sold out his laundry, and a short time after opened a real estate office on Howard Street San Francisco, which business he still continues. He is well known in San Francisco -and Oakland as a man of the strictest integrity, and highly respected by all who know him. Mr. Godfrey was united in marriage m Boston to Miss Jane Outhwait, and after a union of unalloyed happiness of thirty-seven years, they were separated on the 24th of February, 1883, when, on the above date, his dearly beloved wife departed this life. Mr. Godfrey has ever since his arrival in Alameda County been a resident of West Oakland; but in the summer of 1883 he began the erection of an elegant residence on Market Street, between Ninth and Tenth, in which he will spend the remainder of his days in that comfort which always follows a well-spent and prosperous life. Theo. Corner. — The subject of this sketch came to California in the year 1866, resided in Oakland, Alameda County, until 1873, having settled there in 1871. Mov- ing to Livermore, he purchased the harness shops of George A. Beebe and C. N. Lewis, and in 1877 built his present establishment at the corner of First and J Streets, where he carries on a general harness and saddlery business. During the year 1878- 79 he officiated as Town Clerk of Livermore. Is married, and has four children, viz.: Dora, Katie, Walter, and Alma. Arthur James Greene. — Is the son of Ransome and Susan (Dyer) Greene, and was born in Willett, Cortland County, New York, February 19, 1857. Having, at the age of nine years, been moved to Cortland by his parents, he there attended the Cortland Academy, which leaving, he established himself in the drug business, which he continued until coming to California. In August, 1878, Mr. Greene located in Alameda, and opened his present drug store. He married, November 29, 1882, Miss Ella C. Megerle. Theodore Greene. — Was born in Willett, Cortland County, New York, May 6, 1847, and is the son of Ransome and Susan (Dyer) Greene. He resided in his birthplace, going to school, and laboring on a farm until his eighteenth year, when he entered the Cortland Academy. After a two years' course, he commenced clerking in a drygoods store, and followed it three years, when he began business for himself in Cortland, the County seat, with S. E. Welch, under the firm name of S. E. Welch & Co., which was continued until the departure of our subject for California, in 1876. In April, 1877, he established himself in Alameda, where he now resides. Married, in 1872, Miss Adele Mehan, by whom he has no issue. Henry C. Gregory. — Is a native of the State of New York, having been born in Hudson, on the banks of the beautiful river of that name. His earliest years, however, were passed in Schoharie County, whence, at eleven years of age, he was taken by his parents to Sullivan County, where our subject went to school, engaged in mercantile pursuits, and resided until December 27, 1859, when he proceeded to New York City, and on January 3, i860, sailed for California, bringing with him one hundred and nine hives of bees, intending to sell them, and return. But how true is the axiom, that "the best laid plans, 'mongst mice and men, gang aft agley." Arriving in San Francisco on February i, i860, he went to Marin County, there bar- tered his apiary for two sloop-loads of fence-posts, which taking to Main Prairie, in Solano County, where after paying freight and expense of piling, the floods came and swept it all away; he then returned to the Bay City. In the spring of the year he came to Alameda County, learned telegraph operating, took charge of the office in Oakland, was two months later moved to San Leandro, and three weeks after Biographical Sketches. 891 opened the office in Centreville, where he remained three months. At the expiration of this time he was transferred to Lake Tahoe, where he had charge of the telegraph office there for eighteen months; but now Mr. Gregory made up his mind to try his luck at the mines, he therefore proceeded to Reese River, Nevada; but finding, at the end of a twelvemonth, he had lost $3,000, he changed his camp to John Day River, and during the first year there made about $40,000; but the next year, through unprofitable investments — chiefly in the purchase of a ditch, for which he paid $4S,000, and two years after sold for $2,000 — he lost all. He then, in 1865, came to San Francisco, and found employment with B. C. Horn, as traveling salesman. Two years later he opened a cigar store at the American Exchange, and at the end of two more years returned to Nevada, locating at White Pine, where he opened a tobaceo business, being also engaged in mining for a twelvemonth. Mr. Gregory now returned to Centreville, purchased the store of C. J. Stevens, conducted the business there until 1878, during which time he accumulated a good deal of money, and then selling out, bought the "Niehaus Ranch," and embarked in farming; but this property he has since sold, at the present time owning but fifty acres of the original purchase. While in business at Centreville Mr. Gregory held the office of Postmaster for eight years.' We next find our subject conducting the New York Exchange, in San ]os6, where he remained until his opening the Gregory House, at Centreville, one of the best hotels in the county, in connection with which he has a livery stable. Mr. Gregory has been twice married, and has three children, viz.: May, Amy, and George. Charles Hadsell. — The subject of this sketch is an old resident of Alameda County, having arrived within its boundaries before it was segregated from the counties of Contra Costa and Santa Clara; is a native of Berkshire County, Massa- chusetts; born December 14, 1832, and is a descendant of the old Pilgrim stock, his father being born in the above State, November 5, 1804; and our subject is the second child of a family of five, two sons and three daughters. When but four years of age his parents movdd to Chenango County, New York, where they remained for two years, and then took up their residence in Brown County, in the same State, where our subject resided until nearly eighteen years of age. September 3, 1851, Mr. Hadsell concluded to seek the land of gold, and accordingly took passage on board the steamer Illinois, via Chagres River, and after a weary journey on foot across the Isthmus of Panama, where he took passage on board the steamer Panama, and arrived in San Francisco, October 22d of the same year. On landing Mr. Hadsell, like most pioneers, immediately proceeded to the mines in Tuolumne County, and embarked in mining until October 9, 1852, when he abandoned the mines and came to this county, first finding employment at Beard's Landing, in Washington Township, where he remained until the fall of 1853; when, after one year spent in Santa Cruz County, he finally located in Santa Clara County, and followed agricult- ural pursuits until the year 1862, when he moved to Suilol Valley, Alameda County, where he has since purchased a magnificent farm, on which he resides, honored and respected by the whole community in which he lives. Mr. Hadsell was united in marriage, April 16, 1868, to Miss Anna Maria Kolb, a native of Ger- many, by which union, they have three children, viz.: Bertha A., Charles R, and Annie M. , u ■ Israel Biddle Haines.— Whose portrait appears m this work, was born m Philadelphia, January 6, 1829, and is the son of Joseph and Achsah (Biddle) Haines. On account of being unfortunate in business Mr. Haines, Senior, put his son m the way of earning his own living at the early age of thirteen years. Commencing on a farm he there remained five years, when he returned home and served an apprenticeship to the carpenter's trade for four years and nine months, afterwards working as a journey- man for two years more. He then left his birthplace, and emigrating westwards made his first halt at New Albany, Indiana; at the end of four months he proceeded to St. Louis and there found employment for twenty-six months more, when he returned 892 History of Alameda County, California. home to Philadelphia. April t, 1855, he sailed for California in the ship B. F. Hoxie and after rounding Cape Horn, arrived in San Francisco after a voyage of one hundred and fifty-two days. A few days after he came to Alameda County, and at once entered the employ of Mr. Black. A twelvemonth after he went to San Pablo, Contra Costa County, rented land and resided on it until October 16, 1862, when he settled in Alvarado, purchased his present place from J. G. Clark, and has since main- tained a residence there. Married, March 9, 1870, Miss Charlotte L. Thompson, a native of Point Pleasant, Clermont County, Ohio, who was born in the same house in which General U. S. Grant first saw the light, and has the following family: Edward L., Robert T., Joseph B., Henry S., and Florence May. Caleb Scott Halev. — Son of Ebenezer Haley, was born in Yarmouth, Nova Scotia, P"ebruary 16, 1833, was brought up on the farm, and received a common school education until December, 1847. At that time he left home to follow the sea, the usual occupation of the young men of that part of the province, it having been noted for the building and sailing of vessels for many years. His father coming to California in 1849, by the desire of his parents he remained on the farrn until October, 1852, when he determined to seek his fortune in California, went to Boston, Massachusetts, shipped as seaman on the ship Whirlwind, Captain Burgess. Sailed November 11, 1852, arrived in San Francisco, March 1 1, 1853, after a fine passage of one hundred and twenty days. Engaged in running on the bay of San Francisco for a short time, with Captain Ste- phen Larkins, now of Washington Township, in the schooner Sea Horse; he not liking that business, abandoned it, and came to the farm where he now resides, and which he afterwards purchased in company with his father in 1856. Returning to his native land in 1876, he married Miss Anni^ L. Barclay, daughter of the late Andrew Barclay, Esq., of Shelburne Co., Nova Scotia, October 3, 1876, and after a pleasant visit of three months in his native town, from which he had been absent twenty-four years, and which he found almost entirely changed, he felt that there was no longer any home there for him. After visiting the Centennial, and many other places of interest, he returned to California, bringing his fair wife to his old home, where he has remained since 1853, with the exception of that short visit. He "has seen many changes during that time, and the greater part of his neighbors have either removed or died since he settled here. He has always endeavored to cast his influence on the side of truth and morality. Has two sons and one daughter. Ebenezer Haley, Senior.— Whose portrait appears in this work, was born in Yarmouth, Nova Scotia, March 11, 1801. His parents were some of the pioneers of that province, and he was brought up a farmer by them. He first married in 1821, and his wife died in 1824, leaving one son who was lost at sea in 1843. He was married to his present wife in 1832, and has five sons and three daughters, all of whom are settled on the Pacific Coast. He was among the first to leave his native land when the news of the discovery of gold in California came to that country. He and eighteen others sailed from Yarmouth, Nova Scotia, November 22, 1849, in the brig Mary Jane of eighty tons burden, laden with lumber consisting of house-frames and various other articles in that line. Among the fellow-passengers and co-operative owners was the late B. B. Redding, and several others who remained permanently in this State. Arrived here in May, 1850, after a passage of one hundred and eighty- three days, twenty-six days of which they were becalmed and placed on allowance of water, they finally reached the Gallepagos Islands-, secured water and a lot of terrapin which they brought to this market. Went to the mines upon arrival, mined on the Yuba River at Downieyille, Minnesota Flat, and in that locality, until November 1852, dui-ing which time he suffered many hardships, and his fellow-miner and brother- in- aw, Captain Ebenezer Scott, died there in July, 1851, and he himself was very sick at the same time, but finally recovered. He had the usual luck of the miners of that day, all of whom did not make fortunes. Upon arrival in Washington Township in 1852, engaged in farming until May 1855, returned to Nova Scotia with the intention BOIGRAPHICAL SKETCHES. 893 of passing the rest of his days on his farm in that place, but after remaining a few months sold his property and removed his family to California — all of them who were at home. One son being already here, and others away at sea who came afterwards from different parts of the world. In November, 1855, settled on the farm where he now resides, with several of his children in the same locality. He is now eighty-two years of age, and with his estimable wife, a woman of much force of character aged seventy-four years, who has been his companion and helpmate for more than fifty years, lives under his "own vine and fig-tree, loved and respected by all for his integrity, kindness, and upright character. Jonathan E. Haley. — This well-known gentleman of Washington township is a native of Yarmouth, Nova Scotia, was born June 18, 1837, and is the son of E. Haley, whose portrait appears in this history. His boyhood until eighteen years of age was spent in his native place, part of the time on a farm and the last few years following a seafaring life. In the spring of i860 our subject shipped on board the John Land bound for San Francisco, arriving in the metropolis in June of that year. He came direct to Washington Township, Alameda County, and first found employment at Mowry's Landing. He. then found work in different places until 1878 when he purchased his present valuable farm of one hundred and eight acres located one half mile from Newark, where he ' has since farmed with good success. Mr. Haley was united in marriage in East Oakland to Miss Harriet Kelley, a native of California; by this union they have been blessed with four children, viz.: Ralph W., Amelia A., Alice M., and May A. W. W. Haley. — Was born in Nova Scotia, March 31, 1840, and there resided until the%pring of 1855, when he commenced following the sea, arriving home in time to accompany his father on his return journey to California, reaching Alameda County in the fall of that year, and settling on his father's farm. He first engaged on his own account for four years in the sheep business in Murray Township, at the expira- tion of which he returned to Washington Township and purchased a farm about half a mile from Newark, comprising ninety-two acres. October 16, 1868 he married Miss Anna M., daughter of Ashley Cameron of Centreville a native of La Calle, Canada. ■Continued farming up to the spring of 1882, when finding his wife's health failing fast leased his farm and devoted his whole time to her, who after a brief illness died August 17, 1882, leaving a family of four children, viz.: Azner L., William W., Ida M., and Chester C. After losing his wife he sold a portion of his farm and bought the interest of S. B. Dodge & Co., in their general store in Centreville, where he now carries on business under the style of W. W. Haley & Co. Mr. Haley is a member of the Pioneer Association of Washington, Eden, and Murray Townships. John Hampel. — Was born in the city of Wetter Koin, Hessen, Germany, November 5, 1826, where he commenced to learn the blacksmith's trade at the age of fourteen years, On September 2i, 1846, he sailed for the United States, and arriving in New York January i, 1847, went to work in Herring's Safe Factory, where he was employed as safe-maker for eleven years. Determining now tp proceed to the Pacific Coast Mr. Hampel sailed from New York on April 17, 1858, and on the i6th of the following month arrived in San Francisco, crossing the bay to San Antonio (Brooklyn), where he resided four months. On October 12, 1858, he purchased fifty acres of land situated on the Moraga Road, Brooklyn Town.ship, when it was nought but an unre- claimed wilderness, and neighbors were miles apart, and there took up his residence, for the first six years being engaged besides in working oxen. Here he commenced agriculture and reaped in the early years large crops, and has since maintained his dweUing on the place. He married in New York, May i, 1853, Miss E. Juenger, a native of Germany, and has: Henry F., born February 3, 1854; John W., born April 13, 1856; Conrad F., born March 29,. 1859; John H., born March 8, 1861; Katie E., born December 5, 1865; Mary L., born March 24, 1870. 894 History ov Alameda County, California. Lowell J. Hardy. — The subject of this sketch, whose portrait appears in this work, was born in Watham, Massachusetts, July 3, 1817, and is the son of Nahum and and Mary (Smith) Hardy, and there resided with his parents until the year 1839, when he moved to Indiana, there teaching school in the city of Madison for one season, when he returned to his native place, and there, July 14, 1842, married Miss Matilda Sproul. He now embarked in farming, and was'thus engaged up till the time of his departure for California. Leaving home December 15, 1849, Mr. Hardy took passage from Boston, sailing January 25, 1850, and after voyaging around the Horn, came to an anchor in San Francisco Bay on August 6, 1850, the Rod Roy having been consid- -, erably delayed on the voyage. Having comfortably located his family at a place then standing at the corner of Clay and Stockton Streets, San Francisco, our subject him- self proceeded to the mines, where he remained four months. He next worked at the carpentering trade at wages rating from eight to ten dollars per day, being so occu- pied until the month of October, 1850, when he purchased one hundred and sixty acres of the Peralta Rancho, but did not obtain legal title for some fifteen years. This property is that on which a considerable porcion of the western part of the city of Oakland stands. Here Mr. Hardy has since resided, respected by all his fellow-citi- zens as an honest upright man. In 1866 he commenced dealings in real estate, which he still continues. He married in the year 1842, as we have said above, and was unfortunate enough to lose his partner by death on October 4, 1865. His family .con- sists of Eliza J. (now Mrs. Holland); Lowell J., Mellium H. Married, secondly,. March 30, 1870, Mrs. Mary A. Dillon, a native of Philadelphia. Andrew Jackson Hare. — The subject of this sketch, whose portrait appears in this work, was born in Wooster, Wayne County, Ohio, October 15, 1838," and is the son of John and Katharine (Kiser) Hare. Losing his father when two years old, he accompanied his mother to Reedsburg, in the same county and State, where he attended the common schools of the district, afterwards completing his educational course at the Vermilion Institute, in Hayesville, Ashland County, Ohio. At the age of eighteen years he returned to Reedsburg, and entered upon the profession of school- teaching, in the very hall where he had received the first rudiments of his scholastic, training. In 1858, transferring the scene of his operations to Jeromeville, in Ashland County, he there entered the store of his maternal uncle, Simon Kiser, and during the year he was there engaged also performed the duties of Deputy Postmaster. Mr. Hare now determined to try his luck on the sunny slopes of the Pacific; therefore,, leaving Jeromeville, on February, 15, 1859, he proceeded to New York, there took passage on board the steamer Star of the West for the Isthmus, and continuing the voyage from Panama to San Francisco in the old John L. Stephens, cast anchor within the Golden Gate on March 17, 1859. It may be mentioned that the latter steamer took fire on the passage up the coast while racing with the opposition boat, Uncle Sam, but the conflagration was easily extinguished. On arrival Mr. Hare soon left the Bay City for the mines on Indian Creek, near Placerville, El Dorado County where he remamed until March, 1868, when he returned to San Francisco While in El Dorado County he taught school duringtwo terms in 1866 and 1867 at Rose Springs and one term in 1867 at Clarksville. On arrival at the bay he was engaged in the umber firni of J W. Hodgkm & Co., South San Francisco, as salesman and book- keeper, and aided to establish that business there. While a resident there, in 1870 he established and built South San Francisco Lodge, No. 212, F. and A M and is one of Its charter members. In the last-msntioned year Mr. Hare established ' himself in the wood and coal business in South San Francisco, in which he continued until August, 1874, when he took up his residence in Decoto, Alameda County On Octo- ber I, 1874, he was appointed agent at that place for the Central Pacific Railroad Company, and as such remained until October 12, 1881, while on June 5 187; he was chosen to fi 1 the position of agent for Wells. Fargo & Co., which he held unt 1 he resigned the railroad agency. On July 12, 1875, he was appointed Postmaster at Biographical Sketches. 895 Decoto, and is still the incumbent of that ofifice. In 1874, when appointed agent for the railroad, Mr. Hare also took charge of the warehouse that had been erected at this point by private parties, and in 1878 he purchased the preponderating interest in the concern. Ii 1876 another warehouse was built by the same parties above mentioned, eighty by forty feet in size, and, leasing it, it has been periodically added to until it now has a capacity of thirty-five thousand sacks of grain. In 1879 he constructed the large warehouse, fifty by two hundred feet in dimensions, with a capacity of fifty-five thousand sacks, while in the fall of 1 882 he put up yet another, forty by sixty feet in size, with a capacity of fifteen thousand sacks, making four warehouses in all, with storage room for seven thousand tons of grain. On July 4, 1878, he opened the first store in Decoto, and conducted it until February 12, 1881, when he sold the stock in trade to Beckwith Brothers. In 1880-82 he con- ducted the Dry Creek picnic grounds, situated near Decoto, and in 1882 established his barley and feed mill, which is now in operation, the product of which he ships to Oregon and other places on the coast. In 1874 he commenced his dwelling-house, and has since added to .it until he has now an elegant and commodious residence. Mr. Hare is a member of the A. O: U. W., I. O. C. F., I. O. O. F., and is a Knight Templar, being also Worshipful Master of Alameda Lodge, No. 167, Centreville, and a member of the San Jose Commandery. It will thus be inferred from the foregoing that Mr. Hare is possessed of remarkable energy and much administrative capability. His work speaks for itself; his honor has made him respected, while his dealings have earned for him more- than an ordinary share of the world's goods. Married, at Rose Springs, El Dorado County, September 29, 1864, Miss Ella Rebecca, daughter of J. W. Hodgkin and Calista N. Goodsell (Hodgkin), a daughter of Captain Goodsell, of Vermilion, Ohio, now of San Leandro, Alameda County, and has three children, viz.: Charles A., born at Rose Springs, El Dorado County, January 18, 1867; Emma E. born in South San Francisco, October 21, 1869; Laura E., born in South San Fran- cisco, March 15, 1873. Walter W. Haskell. — Was born in West Gloucester, Massachusetts, January 26, 1846, where, he remained until he attained the age of sixteen years, when he went to Salem, in the same State, there engaged as a clerk in a grocery store, and remained two years. Next moving to Lynn, he became a clerk to E. W. Osborne & Co., and subsequently went to St. Louis, Missouri, on a six months' visit. Mr. Haskell now located in Smoky Hill Valley, town of Salina, Saline County, Kansas, and became interested in a section of land with T. F. Oakes, the present Vice-President of the Northern Pacific Railroad Company. In October, 1868, he left Kansas for San Francisco, where he arrived November 27, 1868, and at once entered the employ of Kohler & Chase, but at the end of a year he proceeded to Carson City, Nevada, and became salesman with John G. Fox, in a general variety store. January 25, 1882, he married Miss Clara F. Osborne, of San Francisco, and, residing in Carson until June, 1872, he then came to Alameda County, engaged as clerk for C. R. Bowen, in a general mercantile business on the southeast corner of Park Street and Webb Avenue, Alameda, with whom he remained until the closing out of the businesss in 1874, and continued with his successor, A. S. Barber, for a twelvemonth thereafter. Mr. Haskell now entered the store of F. Boehmer, in the town of Alameda, for a year, when he accepted the offer of going into the insurance business as special agent for the Ala- meda County Branch of the Home Mutual Insurance Company of California, his field being the counties of Alameda and Contra Costa. Here he remained until 1 876, when he became one of the firm of Brown, Craig & Co., as General Fire Insurance Agents, at No. 215 Sansome Street, San Francisco. In July, 1881, he accepted the position of city agent of the Travelers' Life and Accident Insurance Company, now doing business at the southeast corner of Pine and Montgomery Streets, a position he yet- occupies, while he is a resident of Alameda County. His family consists of two children, viz.: Lola Lee and Edmund. In 1875 Mr. Ha.skell attended the golden 896 History of Alameda County, California. wedding of his parents, celebrated at the old homestead, when the family of ten children, save one, were present. In our subject we have a man of strict business tact and integrity, circumstances that have won for him the confidence and esteem of all with whom he has been brought in contact; indeed, he is as favorably known as any man of his age on the Pacific Coast. FORDYCE H. Hawley. — Was born in Ferrisburg, Addison County, Vermont, February 27, 1838, where he chiefly resided until he reached the age of twelve years, at which time, his father coming to California, he made his home with General S. P. Strong, of Vergennes, Vermont, where he remained until he attained the age of six- teen years, when he went to Potsdam, New York, to engage in business with his uncle, Berlin Price, who was one of the owners of the Bank of, Potsdam, New York. He remained there until his twentieth year, then going to Chicago, where he entered a dry goods house. Accompanied by his brother, Henry A. Hawley, on December 20, 1859, he sailed from New York for San Francisco by way of Panama, where he arrived January 14, i860. Mr. Hawley at once proceeded to Butte County, and sub- sequently to Plumas County, where he was engaged in quartz-mining fifteen years. In 1880 he took up his residence in the town of Alameda, but concluding not to remain inactive, he commenced the erection of the Bank of Livermore February 1 3, 1882, which is a fine two-story brick building erected at the corner of Main and Lizzie Streets. The bank was opened to business March 26, 1883. Mr. Hawley was mar- ried in New York City to Dr. Homer Bostwick's daughter, on January i, 1883. William Hayward. — This much respected early settler, whose portrait appro- priately finds a place in this work, was born in Hopkinton, Middlesex County, Mas- sachusetts, August 31, 1815, and resided on his father's farm at that place until he grew to man's estate. In 1836 he proceeded to Georgetown, Essex County, in the same State, and finding employment in a shoe factory there, remained about ten years. On April 23, 1849, Mr. Hayward sailed on board the steamer Unicorn — the the third of that kind of craft intended for the San Francisco and Panama route — a British vessel, and steaming through the Straits of Magellan, arrived at Panama, where the Union Jack gave place to the Stars and Stripes, under which ensign the voyage to San Francisco was completed, where they arrived August 31, 1849. A few days later our subject proceeded to the mines at Mormon Island, but shortly after moved to Missouri Bar, whence he went to the North Fork of the American River, where, as he quaintly observes, he "mined as long as his money lasted," a remark that does not point to much success. While located in the vicinity of Auburn, Mr. Hay- ward and several others associated themselves together for the purpose of changing the course of the North Fork of the American River, but the enterprise proved woe- fully disastrous to the members, and caused the return of our subject to the city of San Francisco in the fall of . 1850. He next proceeded in search of a location in the southern mmes, but not finding one suited to his taste, he commenced a return jour- ney, accidentally struck the Livermore Valley, followed it, and what are now called the San Ramon and Pacheco Valleys, to Martinez, and thence to San Francisco Here he contenaplated upon the country through which he had passed, and was amazed at the luxuriance of the wild oats that grew on valley, hill, and mountain. He saw that hay-making would be an industry of no mean pretensions in the future- herefore, purchasing a couple of scythes, he made his way to the proximity of where the village of Dublin now stands and there worked for a while. Mr. Hayward now determined to make towards ,the bay, and coming through the Polamres G^non there decided to settle. _ Pitching his tent, he ma^de his frrangements f?r a per- manent location, but receiving intimation from William Castro thlt he had taken VL of H.ywards, ,„c,i„g his ,.„. „„ the space „„„ „c;upi"ed by r;«i„„ of A sS" Biographical Sketches. 897 between his hotel building and that owned by him directly opposite. In the spring of 1852 he commenced the building of the Haywards Hotel, one of the first hostel- ries to be put up in the county. To this he has since added, until it n.ow has one hundred rooms, and is the resort, during the summer months especially, of a continu- ous succession of guests. The whole section of country was then known by the name of San Lorenzo, called so after the Rancho, but on the establishment of a post- office at this town, it was called Haywards in honor of our subject, and as such is it still known. Mr. Hayward has always followed farming, in connection with the, management of his hotel, while to him is the credit of having made many of the best roads in Eden Township, especially those leading into the town, better than which no other county in the State possesses. Not a few of these arteries of cornmu- nication were constructed at his own private expense, while the town bearing his his name owes much of its .present and prospective prosperity to his energy and fore- sight. He has on two different terms served the county as one of its Board of Supervisors, where his practical views were ever of service, while his quiet demeanor and sterling worth have earned for him an enviable popularity among his fellows. Married, firstly, at Hopkinton, Massachusetts, in 1838; Miss Louisa Bartlett, a native of that State, who died in 1840, leaving one daughter; and, secondly, in Haywards, April 5, 1866, Mrs. Rachael Bedford, a native of Lafayette, Indiana, by whom he has two children, viz.: Mary E. (now Mrs. S. P. Pope of San Francisco), and William M. Col. John C. Hays (deceased). — One by one the pioneers of California drop off, and soon nothing will be left but their memory and the few items gleaned from their lives and preserved in works such as the "History of Alameda County." It is not proposed to give in the following sketch any connected history of the life and exploits of the brave man who fell into that "sleep which knows no waking" on April 28, 1883. His busy life and countless deeds of daring require an abler pen and more extensive record in order to their proper representation. What we produce has been chiefly culled from the Oakland Daily Evening Tribune and the San Fran- cisco Morning Call. The story of his honorable career in Texas, Mexico, and Cali- fornia would fill volumes, for he was ever in the midst of times " that tried men's souls," ever conspicuous as a leader where danger threatened, and when the success of an enterprise depended on personal bravery as well as calm judgment. Our readers must be content with a few isolated instances of these qualities that have come to notice, and have not, many of them, appeared in consecutive form before. . John Coffee Hays was born on January 28, 1817, at Little Cedar Lick, Wilson County, Tennessee. His birthplace was quite close to "The Hermitage," so well known as the residence of General Jackson, and originally part of the Hays property. Fort Haysboro, in the same State, was built by John C. Hays' grandfather, who also dis- tinguished himself in the Indian wars against the Creek nation, under General Jack- son. Harmon Hays, his father, also fought with distinction under the same General, and rose to the rank of an officer. John C. Hays received a common school educa- tion, and at the age of fifteen left home for Mississippi, where he joined a party sur- veying the swamp lands in that locality. At that time Texas was the objective point of all adventurous, daring spirits, and it presented irresistible attractions to the mar- tial spirit of young Hays, and in 1837, when he was nineteen years of age, he joined the United States Army on the Brazos River, shortly after the battle of San Jacinto. He took service as a private, and his daring qualities soon singled him out as fitted for the perilous position and duties of a spy. At that time the usages of civilized war- fare were almost unknown, and were wholly unrecognized by the fierce Comanches and Cherokees, and the savage Mexican guerrillas, and this made tl# life of a spy espe- cially dangerous and responsible. The first historical mention of John C. Hays (then captain^ we find is in Yokum's History of Texas, where, describing the operations of the scanty handful of Texan rangers against guerrillas from the other side of the Rio Grande, the author says: "One of these bands of Mexicans, under Ignacio Garcia, 898 History of Alameda County, California. was met on the 7th of April, 1841, about ten miles from Laredo, by Captain John C. Hays, in command of a company of twenty-five scouts. After a short contest the enemy retreated, leaving three killed and three wounded. Captain Hays pursued the fugitives so closely that he took twenty-five prisoners, without the loss of any of his command. He made an official report of this fight April 14, 1841." " These scouts," the author adds, " under Captain Hays, were very useful and efficient in protecting the western frontier from Mexican and Indian incursions." The next affair in which Captain Hays is mentioned as being concerned was near San Antonio, from which place, while in command of only fifty men, he drew out the Mexican forces under General Adrian WoU, two hundred cavalry and six hundred infantry. Hays fell back on Salado Creek, east of San Antonio, where Caldwell was well posted with a force of about two hundred and twenty men, and in the action that ensued the Texans gained a complete victory. The adroit manner in which Captain Hays drew the enemy into the fight is regarded as a good piece of generalship. Colonel Hays used to relate with some gusto the story of a raw young Tennesseean who had joined General Sam Houston's army, when the Texan revolution was under full headway, and the Mexicans had invaded the country. It was in one of the first battles that took place, and was certainly the first big fight the young Tennesseean had ever seen. Where the hostile forces came in conflict there was a large patch of half-grown grass, and the Texans, anxious to take advantage of all the cover at hand, dropped out of sight at the first fire of the enemy. To the green Tennesseean the noise of musketry seemed like Pandemonium broke loose, and when he saw every one of his fellows drop as if killed, it was too much for him, and he let go everything and put out as fast as his legs could carry him. In his haste and fright he ran across Sam Houston, who hailed him and wanted to know why he had left the field and where he was going. "Home, jist as quick as I kin git. They're all down, all killed. Saw 'em drop." "Who do you mean?" "Our side; our fellows. Mexicans killed 'em all, fust go-off." "Young man," returned the old General, sternly, "make haste home. You've no business here. Go home and cross your blood with the Bowies." The Colonel possessed presence of mind in an eminent degree, as the following instance will prove. When quite a young man he was engaged as a surveyor in locating land-scrip issued to the soldiers in the war of 1812. It was wild land, somewhere in Tennessee or thereabouts; at any rate. Colonel Hays had need of quite a force of men to oppose the Indians, who roamed in numbers all over the country. George Work, who was the first sheriff of Sonoma County, in this State, and who was shot and killed by a man while in the act of arresting him, used to tell the story. In company with Colonel Hays, he had gone out early one morning to reconnoitre the redskins, when suddenly they found themselves ambushed by a large party. It was then a ride for life. An Indian who rode a fleeter horse than the others gained on the fugitives, and shot Work's animal under him. This was a critical moment; but the Colonel was equal to the emergency. He called out quick, and sharp, "George, take my horse, and lasso the firs): Indian who comes up." The Colonel dismounted and took a position where he was partly screened by projecting rocks. Work was in his place in the saddle and m a twmkhng had noosed the Indian. At the same moment the Colonel sent a ball through his heart and, as he fell out on the off" side, with a bound like a panther he was m the Indian's place, and both Work and himself rode rapidly out of danger' The relation of these exciting events seems slow when compared with the actual rapidity of movement. It was no doubt in scenes similar to these where Colonel Hays got his early reputation as an Indian scout and fighter. Young Hays was between seventeen and twenty years of age when he left Tennessee for Texas, and having spent a good deal of his time with the Delaware Indians, he was quite familiar with nomadic life and habits. He had not been long in the new territory before a hunting party was made up by the Delawares for the interior of New Mexico, along the course of the Pecos River. Young Hays made one of the party, as woodcraft was at this Biographical Sketches. 899 time, his sble occupation, and he was quite as much at home in "the timber" or on the prairie as any Indian of them all. The party soon arrived at the hunting-grounds, and were meeting with success in trapping, when one day a Delaware came into camp with the news that a marauding party of Comanches, following the trail from New Mexico into Chihuahua, had surprised himself and trapping comrade, whom they killed. He escaped and came with the news. The plan adopted by the hunting party was to fix a point for rendezvous, while, in an area of leagues about it, the traps are set, which at stated periods are visited by the hunters, who generally go in couples. When this area is pretty well trapped over, the rendezvous is moved farther on and the same operation repeated. It was on one of these visits to the traps that the Comanches .surprised the Delaware and his fellow, and took a scalp. On hearing the report the Delawares at once made ready for pursuit and revenge. Hays, who had cast in his lot with them, could not remain behind. The Comanches were well mounted. They are called the "horse Indians," as they are nearly always astride of their ponies, and avoid the brush in favor of the open country. They will not follow an enemy into the timber, but will hover around for days to catch him in the open. The Delawares were soon afoot and on the trail of their enemies, following them with that dogged purpose of revenge that is never satisfied, except by blood. The Colonel told very graphically the story of that long journey, with the never-tiring, swinging trot, of which, not having tribal instinct to sustain him, nor being actuated by a thirst for blood, he soon grew tired and became footsore. Nevertheless he held his pace, side by side, with his red-skinned companions. They neared the banks of the Rio Grande on the third day, in the cool and gray of the morning, and after a stealthy reconnoissance discovered their Comanche foes — numbering, about one hundred and twenty- — in a bend of the river. Their horses were picketed, and their owners reposing in fancied security, as they had set no outlook. The time and opportunity for attack were propitious. With a sudden war-whoop, the small band of Delawares sprung upon their foe. The crack of the rifle was followed rapidly by the crunch of the tomahawk, and before the surprised Comanches were fully aware of the sudden death that had fallen on them, eighty had bitten the dust. The rest took to the river and sought to reach the opposite side, but many of them were shot while in the water. Very few escaped. It was a scene ghastly with blood and death, and the uninitiated white boy, yet to be hardened in similar adventures, grew sick with the slaughter. Indian bravery and the white man's courage are the same qualities, but differing in manifesta- tion. All the Comanches' horses and the plunder they had gathered in the New Mexican raid fell into the hands of the victorious Delawares, and when later in the season a division of the spoils, as well as the profits of the hunt, was made, each of the seventeen Indians besides young Hays, was comparatively rich. The share in goods and money was nearly $500 a head. Hays was successively attached to the commands of Colonel Smith and Colonel Barnes in guarding the Mexican frontier, and fighting the Indians, and under both officers he distinguished himself for his courage and skill. Early in the campaign )-oung Hays was with Colonel Smith and a few daring men on a scouting expedition near Toredo, a Mexican fort on the Rio Grande, two hundred miles southwest from San Antonio. Their party did not num- ber more than twenty-five, and some eighty Mexicans made a sortie from the fort. The little band of Americans retreated with the Mexicans in full pursuit, and took up a position in the chaparral. The Mexicans surrounded them, and demanded their surrender, threatening vengeance on them when captured. Colonel Smith disregarded the insolence of the pursuing party and received their fire, which did no^ harm. The Mexicans dismounted and ventured within forty or fifty yards of Smith's men. The men had. never before met the Mexicans or been under fire, so that there was a moment of suspense as to their action under these trying circumstances, but when Smith gave the word of command their destructive fusillade struck terror into the Mexican ranks. About twenty were shot dead on the spot and the remainder broke and fled, but the 900 History of Alameda County, California. majority of them were captured and all their horses fell into the hands of the Ameri- cans. Colonel Smith did not lose a man. Such was the training Colonel John C. Hays received. Colonel Karnes then formed a company to fight the Indians, and young Hays was one of the first to join. Their antagonists were chiefly the Comanche Indians, who fought against all parties. Shortly afterward Hays was employed in surveying government grants to soldiers on the western streams of Texas, and, in the unsettled condition of the country, it was necessary that each surveying party be accompanied by a guard of soldiers. These were often placed under the command of Hays, and in the first of his expeditions he and his party were taken prisoners by the Cherokees. His four or five men were surrounded by the Indians and they sought safety in flight. They would have escaped had it not been that their movements were impeded by a little boy who was unable to keep up, and compelled them to halt. The savages, under pretense of friendship, were allowed to come near, and then declared the little band prisoners. Hays told his men under no circumstances to give up their guns, and the succeeding day he learned through a negro of his party who understood the Cherokee language, that the savages were being pursued by a band of Comanches, and further that they feared the unerring aim of the prisoners, who stubbornly refused to give them guns. Moreover, they dreaded that the massacre of the prisoners would bring on them an avenging pursuit from San Antonio. This knowledge gave Hays confidence, and he boldly demanded the release of his party, and he solemnly assured the Indians that he would kill the first man who repeated the attempt to get posses- sion of their guns. The horrors of the situation were such that one man of his party — a brave man, too — found his hair turned from black to gray in a single night. Never- theless, on the second afternoon the Indians made a proposition that the surveyors be released on signing a paper testifying to the friendly character of these Indians. The captives agreed, and were released. The famous Texas Rangers were organized in 1840, and John C. Hays, then twenty-seven years of age, was commissioned to their command by the Texas Congress. In this responsible position, his bravery, skill, and sagacity became proverbial. Once, shortly after the organization of the Rangers, he had started out on an expedition with about twelve men, and in the Canon de Ubalda, he came unexpectedly on twelve Indian scouts, who were three or four miles distant from their main body. He rode his party quickly down on the Indians, until within sixty or seventy yards of them, when they fled to a thicket, where they took shelter behind three oak-trees and a log. Captain Hays dismounted his men and surrounded the thicket. Then with two men he plunged in to fight the Indians. The first discharge of arrows killed one of his men and badly wounded the other. Hays was himself wounded in the finger, and he helped his wounded comrade out of the thicket to a place of safety. Then with a double-barreled shotgun and a pistol he returned to the thicket. Waiting his opportunity, and when three of the savages had come within fifteen feet of him, he discharged the two barrels of his gun, killing an Indian with each. Reserving his pistol for an emergency. Hays crept out of the thicket, and, taking a Yager rifle, went back to the desperate encounter. For three hours he thus carried on the fight. The arrows of the enemy fell thick and fast around him, but the density of the bush and his constant changes of position ren- dered them harmless. Whenever an Indian presented himself for an instant, the unerring bullet of Hays' rifle laid him dead, until all but one of the savages had fallen. This sole survivor was armed with a gun, and proved a formidable opponent. This Indian lay concealed behind a log, while Hays remained in the obscurity of the thick underbrush, and managed to cover his foe. In an unguarded moment the Indian raised his head from behind the log, and two muffled shots rang out as each fired at the same moment. The Indian's bullet grazed Captain Hays' shoulder, but. the other bullet went home— the Indian was killed. The Indians' horses were taken and the scouting party of Rangers returned safely to camp. From 1836 to 1842, after the defeat of Santa Ana, no concerted invasion occurred; but in the latter year General Biographical Sketches. &01 Woll advanced on San /\.ntonio with one thousand five hundred veteran troops, accom- panied by artillery. Major Hays was in the town when the summons came to surren- der, but his Rangers were far away, and he could only organize a hasty army of about sixty fighting men. With these he repulsed the first attack of the Mexicans, but it was plain to be seen that no successful resistance could be made against the over- whelming numbers of the enemy. Consequently, when the Mexicans sent in a flag of truce, demanding the surrender of Hays to them, and promising immunity to the citizens, the Major, accompanied by a companion, left San Antonio, passing through the enemy's lines in disguise. He then sent his companion for re-enforcements, him- self remaining in the vicinity, reconnoitering the Mexican position and watching their preparations. In eight days two hundred men arrived, and were successfully placed in the town, unknown to the attacking forces. The next day, by a shrewd strategic device, the Mexicans were drawn into battle, with such disastrous effect that at night they beat a hasty retreat. Hays having been re-enforced by a force of three hundred men from the Colorado settlements, began an active pursuit, which, after several encounters, finally resulted in the battle on the Solado, and a complete extirpation of the Mexican soldiery from Texan soil. In the Mexican War Colonel Hays distin- guished himself under General Taylor, especially at the battle of Monterey, where he commanded a corps of Texan troops who led the van and contributed materially to the success of the American forces on that occasion. He was afterwards transferred to the command of General Scott, and when General Santa Ana surrendered, the prisoner was consigned to the care of Hays, in recognition of the prominent service rendered by the troops under his immediate command in effecting the surrender. In 1849 Colonel Hays crossed the plains to California, and arriving in San Francisco, found that city in a chaotic condition — overrun by the boldest and most dangerous criminals the world has ever produced. The first election for county officers in San Francisco took place April i, 1850. The principal office to be filled was that of Sheriff, for which there were three candidates. Colonel J. Towns was the regular Whig nomi- nee; Colonel J. J. Bryant the nominee of the Democratic party, and Cblonel J. C. Hays was selected by the people as an independent candidate. Bryant was a famous gam- bler, with plenty of money, and it soon became apparent that the contest was really between himself and Hays, the dashing Texan Ranger, as he was then called. Col- onel Bryant, a man of fortune, determined to spare no expense or exertion to secure his election. He was proprietor of the most extensive and best conducted hotel in San Francisco, known at that time as the Bryant House, formerly the Ward House, which was a great resort for politicians, and where hundreds of the Colonel's pre- tended friends and real supporters enjoyed his generous ho-spitality. A band of music was daily stationed on the balcony of the hotel, after the nomination of its proprietor; free lunches were served up in the spacious saloon; and on the day of the election the building was literally covered with flags, while the finest liquors were served at the bar gratuitously to all who chose to call. On Saturday afternoon, March 29th, the friends of Colonel Hays held a mass-meeting on the plaza, and, after several spirited addresses,' formed in procession, headed by music, and paraded the principal streets, cheering and being cheered by multitude? of spectators, as they passed along. The Bryant Democrats also made a splendid display on the plaza the same evening. The election on the ist April was conducted, as may be imagined, with more than usual spirit At noon it was evident that Colonel Hays was the people's favorite and this incited the Bryant party to increased effort, and they succeeded temporarily in retrieving their candidate's fortunes. But in the midst of the excitement Colonel Hays mounted upon a fiery black charger (he was a splendid horseman Texas and Mexico having been his schools) suddenly appeared. The sight of. the Texan hero, as he sat bareheaded and unattended upon his charger, took the people by surprise, and soon the heavens were rent by applause, deadening the sound of trumpets and drums and reaching the islands of the bay and its further shores. A description 902 History of Alameda County, California. written at the time says men crowded around him on every side, some seizing the bridle, others clinging to his clothing and stirrups, and each anxious to obtain a grasp of his hand. The noise and tumult terrified the spirited beast he rode, which reared and plunged among the enthusiastic crowd, though the animal was so admirably man- aged that no injury was done. When, at length, the rider gave him the rein, he dashed into and along the adjoining streets, followed by loud huzzas and vivas at every spring. This settled the business. The Colonel had 'witched the crowd by noble horsemanship. Bryant's friends gave up the struggle, and the Texan Ranger was elected by an overwhelming majority. Talking about this affair in after years. Col- onel Hays, in his usual modest way, always asserted that he had no design in visiting the plaza as he did. The only object he had in coming to the polls was to learn how the vote stood. He had mounted a horse for convenience, not for display; but the enthusiasm of his friends gave life to an idea which he had not conceived, and in this case, as in many other experiences of life, an important issue hinged on a trifling circumstance. Colonel Hays was re-elected at the next annual election, September 3, 1 85 1, and held until 1853, when William R. Gorham was elected. As an instance of Sheriff Hays' faithfulness to his official duty, regardless of public opinion, and bravery in fulfilling it, his action in the case of Samuel Whittaker and Robert McKenzie may be mentioned. These were two criminals who were executed on the 24th of August, 1851, by the first Vigilance Committee. Owing to the interference of the authorities, the Committee had a more difficult task than they expected in bringing Whittaker and McKenzie to justice. Hon. John McDougal, Governor of the State, although he had previously approved the citizens' movement as a needed assistance in dealing with an exceptional condition of society, thought proper on this occasion to issue his proclamation warning "all good citizens" against the acts of the Committee; and on the morning of the 21st, before sunrise. Sheriff Hays and one of his deputies, armed with a writ of habeas corpus, issued upon the affidavit of Governor McDougal himself, boldly entered the Vigilance Committee's rooms, took the men named (who had already been tried by the legally constituted authorities and condemned for burglary, robbery, and arson), and returned them to the county jail whence the Committee had taken them. It was thought the Sheriff was aided by treachery on the part of the citizen guards; but he took his men in defiance, as it was his duty to do. The Committee after- wards recaptured and hanged them, as mentioned. The case of the New Orleans may be remembered by some. This steamship had been attached for sixty-five thousand dollars, and lay moored at the old Long Wharf Captain Ned Wakeman, who had been the hero of more than one escapade in running steamers off under a Sheriff's nose — the most notable one being in New York Harbor — itched to get away with the New Orleans, and, once on blue water, to snap his fingers at all Sheriffs and their legal pro- cesses. Sheriff Hays was wary. Sixty-five thousand dollars were at stake, and it stood him in hand to keep his eyes open. One evening a messenger came running into his office, out of breath, and said: — "Something wrong going on down at the wharf. Colonel." "What about?" "The Orleans. Steam's up. It looks to me as if she was going to take a trip." It did not take many moments for the Sheriff to reach the scene, where he found a sailor meddling with the moorings. "Let that line alone," commanded the Colonel. "Who are you?" asked the sailor. "I'm the Sheriff of the county. Get away from there as quick as you can." The sailor reported the state of affairs to Captain Wakeman, who thought he could do what the seaman failed to accomplish. He came forward for the purpose. "Wakeman," said the Sheriff, slowly, "you must let that line remain where it is." "Suppose I choose to cast it off, what then?" "I will kill you," returned the Sheriff, in a low tone and the same even voice, but there was no mistaking the look in his eyes. Biographical Sketches. 903 The two men — Greek joined Greek — about equally matched in resolution and dar- ing, looked steadily in each other's face for about a minute, Wakeman with his hand on the hawser, and the Sheriff with his on the butt of his . pistol. " I believe you would, by ! " said the captain at last. The steamer remained at the wharf During Colonel Hays' incumbency of the shrievalty, December, 1851, Indian trouble began in the southern part of the State, and the confederated Indian tribes menaced the white settlers so seriously at the time that they applied for aid to General Hitch- cock, comrnanding the United States forces in California. He accordingly sent as many of his troops as could be spared, and authorized the raising of two companies of mounted volunteers. Great excitement prevailed in consequence of this permis- sion and the previous alarming news. Numbers hastened to enroll themselves in the proposed companies; but, to the disappointment of many applicants, a selection of those offering could only be received. The two companies were placed under the respective commands of Colonel John W. Geary and Captain Daniel Aldrich, while Colonel John C. Hays was appointed to the command in chief Later intelli- gence from the south was to the effect that in the face of this armed preparation, the Indian difficulties had been arranged, and the volunteers were not called on. There was lively work for Colonel Hays and the volunteers in the spring of i860, when the Pah Utes, numbering about three thousand warriors, made a formidable disturbance in the now State of Nevada; but it proved to be a good deal of a tem- pest in a teapot after all. The Indians were maddened by the horribly brutal action of a man named L , who kept a stock ranch on Van Dusen River. This man had an Indian boy in his employ, who occasionally would go off to visit his relatives, and his absence so incensed the ranchero that he visited the family one morning and mur- dered every member of it, putting the victims on a rude raft of logs, which he directed to " W. H. Mills," and started it down the river. Mills was opposed to the ill-usage of the Indians, much less their indiscriminate slaughter. Winnemucca called his war- riors to the field, to revenge the rancher's atrocity. He had, according to his own account, about three thousand men, while the volunteers under Hays numbered six hundred. There was a good deal of scare among the settlers of the Carson River country about Winnemucca's movements, and an appeal to the public made May 31, i860, says: "The volunteers now in the field are our main reliance for conquering a peace." The population of Virginia City at the time was about one thousand. An account of the transactions of that period gives a slightly ridiculous phase to the cam- paign, and says when the volunteers left Virginia City for Pyramid Lake May 26th, there were more officers than privates. On the 30th of May Colonel Hays, with five hundred men, had a brush with the Indians near William's old station, in which seven Pah Utes were killed and three volunteers wounded. The Cromwellian method was strong in Colonel Hays, It is recorded of Oliver.'that when he was traning his Iron- sides he used them daily to look after, feed, and dress their horses, he taught them to clean and keep their arms bright, and have themselves ready for service; to choose the best armor and arm themselves to the best advantage. Upon fitting occasions, and in order to inure their bodies to the service of the field, he also made them sleep together on the bare ground, and one day before they actually met the enemy, tried their courage by a stratagem. Leading them into a pretended ambuscade, he caused his seeming discovery of danger to be attended by all the circumstance of actual war. Terrified at which about twenty of the troops fled; and these Cromwell immediately dismissed, desiring them, however, to leave their horses for others who were not so easily scared. The parallel, relatively, in Colonel Hays' case is that when the volun- teers for the "Washo War," as it was called, offered to place themselves under his command, he accepted the leadership, but on condition that they give him complete control, and obey orders as implicitly as though he were empowered to shoot down the disobedient. They agreed to those terms, and for several days before they took up the line of march, he subjected them to incessant drilling and other military exer- 904 History of Alameda County, California, cises. He would not move until the men had a fair practical knowledg'e of military discipline, and could receive orders without being confused. Cromwell's false ambus- cade is also paralleled by an amusing test to which the Colonel put some of his officers. While sitting around the camp-fire one evening, he slyly and unperceived hid among the glowing coals a can of fruit, which, on becoming heated, burst with a stunning report. At the same time the Colonel shouted, " Injins ! " and gave the reg- ular Delaware war-whoop. The effect was electrical. Everybody sprang to their feet, and some stood their ground bravely; but two or three of the group rushed wildly into the sage-brush. One of those who beat a hasty retreat was afterwards a member of the San Francisco Board of Brokers and is now enjoying his otimn cum dig. in New York, passing rich, and perhaps, occasionally, fighting his battles o'er again when his achievements cannot be discounted by facts. The history of the Washo War, with which Colonel Hays was so intimately connected, has never been written in full. A public meeting to consider the situation, to aid the volunteers in the field, and relieve settlers harassed by the Indians, was held at the Merchants' Exchange June I, i860, and Messrs. R. Meacham, Harvey S. Brown, S. P. Dewey, A. Fonda, R. G. Eells, H. F. Teschemaker, Colonel A. B. Perkins, Charles Hosmer, Captain J. B. Olney, and George O. Whitney — well-known names of the time, many of whom have now passed off the stage of action — were appointed a committee to collect subscrip- tions to purchase provisions for Colonel Hays' command, who were fighting and starving at the same time. Josh. P. Havens had written Governor Downey that the troops had no credit and no money, and desired permission to pledge the credit of the State for provisions and transportation. The Governor refused, as he had no authority in the premises. So the " army" had to get along the best way it could. It numbered about four hundred 'and fifty men, when it rendezvoused at Camp Hays, May 24, i860, on the Carson River, about twenty miles below Carson City, the officers in command were Colonel John C. Hays; Second Lieutenant-Colonel E. Sanders; Major Charles S. Fairfax, Acting Adjutant-General; Major B. S. Lippincott, Quarter- master; Captain McNeesh, Assistant Quartermaster; Major R. N. Snowden, Commis- sary-General, and Dr. Perkins, Surgeon. Besides the four hundred and fifty volunteers there were about one hundred and sixty-four United States troops, artillery, and infantry, under command of Captain Stewart, Third United States Artillery. Dr. Keeney was surgeon to this command. Captain Treadwell Moore, A. Q. M., and the well-known Ned Byrne, Quartermaster's clerk. General Josh. Havens, Captain Lip- pitt, Frank Soule, and other prominent San Franciscans, were with it as volunteers. Colonel Hays and Captain Stewart acted in concert, though their commands were distinct. They marched up the eastern side of the Carson River to a fort, then across the river to the valley of Pyramid Lake, where something like an action took place, and the names of Richard Snowden, Major Ormsby, Henry Meredith, and a few others who fell in this wax, are to this day remembered with regret by their friends. Alameda County and the city of Oakland owe much to the enterprise and energy of Colonel Hays, who, at an .early day, began to take a deep interest in the welfare and prosperity of the community. When Colonel Hays in 1852, began to direct his attention to this side of the bay, the site of Oakland and its suburbs was controlled as a vast ranch, by Vicente Peralta, under a SpanLsh grant. Squatters were, however, beginning to crowd in, and Peralta, perceiving that under the loose laws governing the rights of land-holders, he could not long withstand these encroach- ments, accepted a proposition from Hays, Caperton, and others, by which all the dry land north of the estuary and south of Lake Merritt passed into their hands through a bona fide sale, the title of which has been fully recognized and confirmed by the United States Government, and upon which all right, title, and interest of present holders are based. The southern portion of the city was speedily improved by Colonel Hays, and, being divided into building lots, was sold at a handsome profit. After retiring from the office of Sheriff, Colonel Hays took up his residence on this Biographical Sketches. 905 side of the bay, where he resided continuously ever since, engaging in various profitable enterprises and materially assisting the community in its onward progress. Shortly after he came to Oakland he was appointed Surveyor-General for California by President Pierce, and discharged the duties of the office with his usual ability, and to the complete satisfaction of the citizens generally. He always figured prominently in Democratic politics, having been a delegate to nearly every State Convention and a dele- gate in 1876 to the National Democratic Convention at St. Louis, when Samuel J. Til- den was nominated for the Presidency. The wife of Colonel Hays is descended from the Calverts of Maryland, her maiden name being Susan Calvert. They were married at Sequin, Texas, and have two children, John C. Hays, Jr., and a daughter, Elizabeth, fifteen years of age. Colonel Hays was a brother of General Harry Hays, a promi- nent Confederate officer, and afterwards a lawyer in New Orleans, where he died. His sister was the wife of Major R. P. Hammond of San Francisco. She died in 1882. Colonel Hammond, whose death occurred several months ago, was a nephew of Colonel Hays, as is John Hays, at present a resident of San Francisco, the latter, being a son of General Harry Hays. He also left relatives in the Southern States. His residence near Piedmont, where he died, is one of the most beautiful in the State. It is located at the base of the verdure-clad hills of the Coast Range, in a quiet nook, secluded from the bustle and turmoil of that, busy world in which this hero so long maintained a gallant and successful career. Lordly oaks surround a handsome build- ing, and exquisite art has been made an assistant in adorning the natural beauties of the scene. It was meet that one who has braved the storm of battle, struggled actively, and with giant force, against tremendous odds, and transmitted to posterity a name famous in the annals of his country anJ honored by his fellow-men, should sink to rest amidst such a scene as that which surrounded the spot where he died. It was a sweetly appropriate finale to the stirring, thrilling drama of his life that the melodious songs of birds should be his requiem instead of the hoarse shout of armed foemen, that the warm sunshine should flicker through the curtains of the death- chamber to greet his fading vision which had so often witnessed the lurid blaze of battle. It was fitting that the veteran should sink to sleep as a child on its mother's breast, that the hero should pass peacefully, calmly to his eternal rest, surrounded by his family and devoted friends, regretting his death, yet proud of his career, his manhood, and his honored position among men. Thou little know'st What he can brave, who, born and nurst In Danger's paths, has dared her worst ! Upon whose ear the signal-word Of strife and death is hourly breaking, Who sleeps with head upon the sword His fevered hand must grasp in waking. — Moore. Timothy Hayes.— Is a native of County Cork, Ireland, and emigrated to the United States when nineteen years of age. First settling in New York, he there resided ten years, when he removed to Wayne, Pennsylvania, and engaged m farm- ing until starting for California. In January, 1869, he made the journey by railroad to this State, but shortly after returned to the Eastern States for his family, who came back with him in the following year, when he purchased his present farm of four hundred and forty acres, situated a mile and a half from Livermore, where he is engaged in general farming and stock-raising. Is married and has a family of thirteen children, viz.: Margaret, John, Thomas, Frank, Helen, Mamie, James, Agnes, Theresa,. Gertrude, Timothy, Joseph, William, and Alice (deceased). William Hayes.— Was born in Stafford County, New Hampshire, August 21,. 181 5 and is the eldest son of Isaac and Nancy (Palmer) Hayfes. Having resided in his native State until he reached his twenty-second year, during which time he- attended school, and learned the carpenter's trade, afterwards working at it in Man- chester New Hampshire, Newburyport, and Boston, Massachusetts. For a few years 58 906 History of Alameda County, California. he went southwards, and in the winter of 1841 located in Key West, Florida. In the following summer, however, he returned to Boston, and there carried on a sash and blind trade until leaving for the Pacific Coast. From that port he sailed, February 1 2, 1850, to Aspinwall on board of the Cherokee, and on the Pacific side on the old steanier Tennessee, finally arriving in San Francisco, April 1 5th of the same year. He at once commenced working at his trade, and followed it until the spring of 1-851, when he came to the Contra Costa (now Alameda County), and worked for John M. Horner, first in his mill, and afterwards on the steamer Union, plying between Alvarado and San Francisco. In the summer of 1852 he took up his present ranch, and that fall erected a small dwelling-house, and commenced farming in earnest, an occupation he has since continued, his farm consisting of one hundred and sixty acres. Married, July 27, 184s, Adeline, daughter of Aaron and Elizabeth (Horner) Watson, and has no issue. Comfort Healey. — Was born in Yarmouth, Nova Scotia, June 28, 1838, and at thirteen years old shipped for four years, going to many of the chief foreign ports. At the expiration of that time we find him in Boston, Massachusetts; and subse- quently proceeding to New York, thence sailed, April 22, 1856, in company with his sister and brother-in-law, on board the George Law, to Aspinwall. The journey across the Isthmus is one that can never be effaced from hismeniory; it was that on which the crowded train left the rails^ and one hundred and ten souls were hurled, at one fell swoop, into eternity, our subject and his relatives being among the wounded. This catastrophe necessitated a return to Aspinwall, where he was detained three months with his broken legs and ribs. On having sufficiently recovered, he was taken in a wheelbarrow, and once more shipped on the cars for Panama, whence he sailed on the steamer John L. Stephens, arriving in San Francisco during the latter end of August, 1856. Coming direct to his father's residence, near which has since sprung up the town of Newark, Alameda County, he there resided until the breaking out of the Frazer River excitement, in 1858, when he proceeded thither, and remained a year. In 1859 he went to Monterey County, and for four years was engaged in boat- ing there; after which he returned to Alameda County, and embarked-in farming and threshing. In 1877 he purchased his present homestead, adjoining his father's dwell- ing. Mr. Healey has been a Road Overseer for six years, and is at present a trustee of the Newark School District. Has been twice married. His present wife, whom he espoused August 4, 1870, is Mary G., daughter of Capt. Isaac Thomas Mott, Amer- ican Consul at Mazatlan, at the opening of the Mexican War, and afterwards agent for the Pacific Mail Steamship Company at Benicia, where Mrs. Healey was born. By this union there are four children, viz.: Ethel G., Lauren E., Stella T., and Nora L. William H. High. — Was born in Wake County, North Carolina, March 14, 1820, and is the son of Alexander M. and Elizabeth (Ray) High. He resided with his parents until he attained the age of nineteen years, when he went to Alabama, and engaged in farming in Perry County. Continuing there until the year 1844, he returned to his native State. On the breaking out of the Mexican War he joined the North Carolina regiment, but soon after entered the pay department, under Major Gastin H. Wilder, as clerk, and continued in that capacity until the close of hostilities, when he returned to his home in Raleigh, where he arrived July 4, 1848, but remained in the service until he obtained his discharge. Mr. High subsequently engaged in mercantile operations until 1850, in which year he was elected to the distinguished position of Sheriff of Wake County, an office he held up till 1865, a period of nearly sixteen years; after which he betook himself to agriculture, and so continued until 1872. He now started for California, arrived in the harbor of San Francisco, March 27, 1872, and crossing the bay to Alameda .County, took up his residence in the city of Oakland, where he has since resided. Since Mr. High has been in the State he has confined himself chiefly to mining operations. Married, March 14, 1849, Miss Amanda M. Royster of Raleigh, North Car- Biographical Sketches. 907 olina, and has seven surviving children, viz.: Wm. H., Jr., Elizabeth (now Mrs. W. J. Pettigrew, Jr.), Rebecca (now Mrs. C. E. Carleton), Hattie (now Mrs. V C. Ruyster), Alexander Z., Gavin D., and Geddy H. Otis Hill. — The subject of this sketch is a native of Niagara County, New York, and born September 21, 1821; resided in his birthplace, until his coming to Cali- fornia, where he learned the cooper trade, which he followed until the fall of 1855, when he started, via the Nicaragua route, for California, coming into San Francisco, January 4, 1856. Mr. Hill came direct to Alameda County, locating at Haywards, and first found employment on the place now owned by Henry Marlin for one year. He then purchased a farm in Castro Valley, where he resided until 1859, when he located on his present valuable farm of fifty acres, one and one-half miles north of Haywards, where he has one of the finest fruit farms in Alameda County. Mr. Hill is an intelligent, honorable, and upright gentleman, and highly respected \yy all who know him; was united in marriage in the State of New York, August, 1848, to Miss Rebecca Richie, a native of the above State, by which union they have one son, Oscar Levy. Daniel Billings Hinckley. — This gentleman and old pioneer is the son of Seth and Antise R. (Gorham) Hinckley, and was born in Hardwick, Worcester County, Massachusetts, February 15, 1829. Losing his father at the age of twelve years, he went to live with his grandparents for four years, when he proceeded to Bangor, Maine, and learned the trade of iron molder, at which he served until starting for the Pacific Coast. On November 28, 1849, sailing from Cherryfield, Maine, in the bark Belgrade, he rounded Cape Horn, and cast anchor in the bay of San Fran- cisco, May 28, 1850. This was one of the vessels of which there were so large a number, in the days of "forty-nine," that were purchased in the Atlantic cities and brought out by "companies," to be sold on arrival. Upon the landing of our subject in the metropolitan city of the Pacific Coast, he at once, with his brother, secured employment in the Pacific Iron Works, then situated in that part of San Francisco known as the Happy Valley. There he remained until 1852, when he became a part- ner in the concern, and has since continued in the iron trade. But, in 1854, the Pacific Iron Works were sold to E. B. Goddard, when Mr. Hinckley paid a visit of eighteen months duration to the Eastern States, when he returned to the Bay City. In 1857 he commenced a foundry and machine shop on Davis Street, San Francisco, under the style and firm of Hinckley, Highwenter & Field (the Fulton Foundry), and con- tinued interested in its concerns until the year 1859, when he transferred his labors to the firm of Hinckley, Worth & Field, who established themselves on the site on First Street, San Francisco, now occupied by the flour-mill of H. Davis. Here he con- tinued until 1862, when he purchased his partners' interests and carried on the busi- ness by himself until 1865, .^t which time Charles Marshutz was admitted a partner, with whom he continued in business until 1877, since when the firm has been Hinckley, Spiers & Hayes. This establishment is located on Fremont Street, between Howard and Folsom Streets, and as a criterion of its magnitude we may mention that business is annually done there to the amount of over $1,000,000, while its pay-roll foots up to the large amount of $20,000 per month. In 1868 Mr. Hinckley took up his residence in Fruit Vale, Alameda County. Married, December 4, 1859, Louise, daughter of W. L. Wheeler of Kennebec County, Maine, by whom he has three sons, viz., Harry G., Edward R., and Frederick W. Samuel HirsHBERG (deceased).— Arrived in the city of Oakland m 1852, when the then town of Oakland contained less than three hundred inhabitants. He commenced his business career in this county by engaging in the dry goods and clothing busmess. He was actively engaged in this branch of trade for nearly thirty years in our midst, and by fair and honest dealing established for himself an untarnished reputation and a spotless name. In 1862, in conjunction with Hon. Samuel Bell McKee, now on the Supreme Bench of California, he built the two-story brick block on Broadway, between 908 History of Alameda County, California. Third and Fourth Streets, thus early in the history of Oakland giving evidence of his enterprise and desire to contribute to the material advancement of ^'^^^^r^ ^ interests. In 1854, when Empire Fire Company, No. i, was organized by Col. John Scott, Mr. Hirshberg was among the first to come forward to sign the roll and con- tribute liberally towards the support and maintenance of the first and primitive fire organization established. In 1866 he gave further evidence of his business enterprise by investing several thousand dollars in the Pacific Soap Works, of which he was the principal shareholder and manager. In 1 88 1, by reason of failing health, he retired from business, and on the 6th day of January, 1883, at the advanced age of sixty-five years he departed this life. Mr. Hirshberg was a man universally respected in the community in which he lived and his funeral was one of the largest that ever took place in Oakland. The immediate cause of death was inflammation of the bladder. Mr. Hirshberg was twice a candidate for public office on the Democratic ticket, and though running largely in advance of his ticket, Oakland being strongly Republican, he was defeated. In 1862 he organized the Hebrew Benevolent Society and was made its first President. He was born in Exin, Prussia, and in his youth was appointed Secretary to the Burgomeister of his native town. He was thoroughly educated in English, German, and Hebrew literature. At a later period he taught German, and Hebrew at the University of Edinburgh, Scotland. He was at the time of his death Grand President of the order of B'nai B'rith of the Pacific Coast. He was one of the pioneer members of Live Oak Lodge, No. 61, Free and Accepted Masons, and was also a member of Oakland Chapter No. 26, Royal Arch Masons. He left a wife, Mrs. R. Hirshberg, a son D. S. Hirshberg, at present Under Sheriff of Alameda County, and a daughter, Mrs. George Mosbacher. The many virtues and manly traits in the character of Samuel Hirshberg will live long in the memories of the pioneers and residents of Alameda County. William Holtz. — Was born in Germany, September, 21, 1829, and there resided until he came to the United States in 1852, when proceeding direct to Califor- nia he arrived in San Francisco in December of that year. There he was variously employed until 1858, when he opened a grocery store in San Francisco, and remained in that business until 1869, when, selling out, he took up his residence at West End, Alameda, where he built a grocery store and established that trade there, conducting it until 1882, when he sold out to his son. Mr. Holtz is at present engaged in the Real Estate and Insurance business there. He has served for three years as a Justice of the Peace, and three years as a School Director. Married, September 19, 1858, at San Francisco, Miss Auguste Benn, a native of Germany, and has two children, viz.: Fred and Johanna, aged twenty-three and twenty-one, respectively. John B. Hortenstine. — Was born in Washington County, Virginia, May 19,. 1852, but when two years of age was moved by his parents to Clay County, Illinois, where he resided until 1870, in which year he proceeded to the Territories, and in April, 1874, arrived in California, locating near Pleasanton. In 1875 he entered the employ of M. B. Lander & Co., and two years thereafter, purchased an interest in the firm, which is now known as Hortenstine, Storer & Co., of Pleasanton, engaged in general merchandising. Married, April 15, 1880, Miss Luella Hay, a native of Cali- fornia, and has one daughter, named Ethel. Both his father's and mother's family are identified with the early history of this country, they having settled in Virginia and Tennessee before the Revolution, in which they took part. Socrates Huff.— This worthy and well-known pioneer settled in Alameda County m the long ago time when it formed a portion of Contra Costa County We have much pleasure in presenting to our readers a portrait of this estimable gentle man. Socrates Huff is the son of William and Pleasa (Carver) Huff, and was born in' Crawford County, Ohio, July i, 1827, and two years thereafter was taken by his- parents to St. Joseph, Berrien County, Michigan, where he lost his mother in the year 1830. Here under the genial influences of the breezes from Lake Michigan our sub Biographical Sketches. 909 ject grew to man's estate, being there grounded in scholastic lore, and acquiring the rudiments necessary for fitting him to face the battle of life. About New Year's Day, 1849, letters were received in the town from California corroborating the excit- ing intelligence of the discovery of gold in the previous year, therefore, Mr. Huff at once, set to work to forril a party of his companions and townsmen to proceed to the golden shores of the Pacific in search of the precious metal and to become rich in one gigantic bound. To compass the long and dreary journey across the plains, mules were purchased in Indiana, wagons in Chicago, and provisions in St. Louis, and in February, 1849, the party — composed of Socrates and L. B: Huff, L. C. Wittenmyer (now of Contra Costa County), A. M. Church, James M. Morton (deceased), and A. P. Pinney (deceased) — -started up the Missouri River on their way to the "land of promise." At the outset of their travels they commenced to encounter the dangers of the trip. When sixteen miles below Council Bluffs, the steamer " Bacoia," whereon our subject voyaged, sank, and all was lost save mules and wagons. Refitting, how- ever, at this point the route was continuous, by way of the old emigrant route to Salt Lake, and finally entered California by the Truckee route, arriving at Bear River August 12, 1849. Mr. Huff now tried his hand at mining, but at the end of two ■weeks abandoned the pick and rocker, and moved to Sacramento, where he engaged in business, but only for a short time, when, his health being poor, he sought a more genial climate. Mr. Huff now proceeded to Mission San Jose, where he remained in the employ of H. C. Smith until March, 1851, when he paid a visit to the Eastern States. Returning to the Pacific shores in the following August, our subject pur- chased a vessel and put her on the line between Alvarado and Stockton, a trade he conducted until November, 1852. At this period, Mr. Huff once more returned to the Eastern States, and was m'arried on February 14, 1853, to Miss Ameha Cassidy, a native of Pennsylvania, after which he proceeded to Iowa, and on May ist of the same year, started for California, with a large band of cattle and horses, which he drove direct to Green Valley, to the farm now occupied by Hon. D. N. Sherburne. Here Mr. Huff resided until 1857, in which year he transferred his residence to Haywards. Eighteen months thereafter he proceeded homewards with his family, but returning in December 1859 he settled in San Leandro, where he has since resided. Mr. Huff has ever been alive 'to the requirements of citizenship, and when he has felt duty call, lie has been foremost to obey. In 1863 he was elected to the high office of Treasurer of Alameda County, a position he held four years, while . at the same time he was engaged in mercantile business in Carson City, Nevada, and continued in this business until 1870. Besides being now engaged in real estate transactions he is and has been since the founding of the Union Savings Bank of Oakland one of its directors. He has always taken an active "part in politics, and in 1880 was delegate at large to the National Convention, at Chicago, that nominated James A. Garfield. Mr. Huff is a gentleman respected by all classes of the community in which he resides, as his unswerving rectitude of purpose and undeviating honesty make him a man to be trusted and, honored. His family consisted of seven daughters, viz.: Ida, Jennie, Katie (deceased), Nellie, Carrie, Mamie, and Laura. William Henry Harrison Hussey.— The subject of this sketch, whose por- trait appears in this volume, was born in Olive, Noble County, Ohio, August 28, 1840. His father, Asa Hussey, married Mary Cunningham, both of Augusta,, Maine, and to them were born seven children, namely: Samuel, Simon, Susan, Sally, Charles, Wil- liam (our subject), and David. Sustaining the irreparable loss of his mother when but thirty-two years of age, the future life of the family, so carefully fostered by his father was changed. The children were kept together on a farm, and iTi the log- cabin which served the purpose of a school, they there received their early scholastic training and as they grew older started out to do battle with the world ihe two sisters married and settled in the county of their birth. In 1854 the father and two youngest boys removed to the State of Iowa, improved a praine farm in Delaware 910 History of Alameda County, California. County, and there dwelt together until 1858. Having obtained permission from his father, in the month of April of that year, our subject started for California. On his way to New York he passed a month in Chatauqua County, and finally sailed from that city in the steamship Star of the West by way of Panama for San Francisco, where he arrived June 3, 1858. The beauties of the Bay City, which he had heard so extensively lauded, and one night passed in the "What Cheer House," at once created a desire for the rural districts to arise in his breast; he, therefore, without further delay, took passage to Vallejo, Solano County, and there sought and obtained employment on a ranch not far from that city, the property of Welcome Fowler, a gentleman generous and kind. Late in that year Mr. Hussey visited the redwood forests of San Mateo County, whence he proceeded to Sacramento, returning subsequently to Solano County, and going to Mr. Fowler, who had meanwhile taken up his residence in Green Valley. Here Mr. Hussey improved the opportunity by attending school dur- ing the winter under Professor George W. Simonton. The spring and summer of 1859 he passed on a farm in Solano County. At this time the fever for mining sud- denly dictated a change of life. Mr. Hussey therefore betook himself to Rich Bar, Feather River, Plumas County, but a short lesson of ill-luck brought him back to the valleys in company with Samuel Kitto, Captain Hansen, and Gus Campbell (a brother of the Hon. F. M. Campbell), and a Newfoundland dog, the pet of Rich Bar. This was a severe journey. In crossing the mountains our subject and his companions encountered a snow-storm that quickly obliterated all traces of the trail; they there- fore left the highlands and followed the course of the North Fork of the Feather River, only leaving it at Shore's Bar to ascend the mountain in the hope of finding a trading-post of some kind, but the storm which still raged in the hills with unabated fury, defeated their purpose and forced a return to the river's bank. Thus five days and nights were passed in the Sierra Nevada, poorly clad, with nothing to eat save poor " Poison" — which was the dog's name — who was sacrificed to satisfy the cravings of his masters. On the morning of the sixth day they struck the Yankee Hill Flume whence they traveled to Cherokee Flat, thence by stage to Oroville, afterwards to Sacramento, and finally to Vallejo, where Mr. Hussey found himself comparatively at home. Here he was variously employed, and took part in the troubles that occurred on the Suscol Rancho in i860. But soon a wider field for his operations was to show itself, and one which was not only to test his loyalty to his country but also his courage and endurance. The War of the Rebellion, which had been inaugu- rated by the firing on Fort Sumter, April 12, 1861, created a desire in Mr. Hussey's breast for military distinction. He had learned something of a soldier's duties as a member of the Vallejo Rifles, an independent organization then commanded by Capt. J. B. Frisbie, and resolved to "go for a soldier;" the opportunity to proceed to the seat of war, however, did not offer itself until the fall of the year 1862, at which time the "California Hundred" was recruited by Capt. J. Sewell Reed. In the -month of November our subject was enrolled in San Francisco, and on the nth of Decem- ber *the company sailed for New York, by way of the Isthmus of Panama, where they landed January 4, 1863. They immediately took the route for Readviile, Massachusetts, where they went into camp, and were mustered into the service of the State as Company A, Second Massachusetts Cavalry. On the 12th of February the First Battalion, Major Caspar Croninshield commanding, departed for Gloucester Point, opposite Yorktown, Virginia, where our subject and his company went into camp, being assigned to the command of Major-General Keyes. Here they were detailed on picket and patrol duty for a short time, with an occasional skirmish with General Wise's men, who were encamped a few miles out on the Richmond road. Mr. Hussey was here instrumental in making the first capture of the notorious guerrilla captain, Allen, and his two orderlies at the Backhouse plantation near Lower Guinea. He served in the Department of the Peninsula until May 23d, when the battalion, in company with the Eleventh Pennsylvania Cavalry, Colonel Spear commanding, took Biographical Sketches. 911 transport at Yorktovvn for White House Landing, whence they marched to Hanover Court House, captured a rebel supply-train, burned the bridge over the South Anna River on the Fredericksburg and Richmond Railroad, after two hours hard fighting, killing and taking prisoners some seventy-five of the Fifteenth South Carolina Infantry. Here Gen. William E. Lee — a nephew of Gen. Robert E. Lee — a cavalry officer who had been wounded at Fredericksburg, was captured. Our subject now returned to White House Landing, where General Dix had concentrated his forces, and afterwards marched with General Getty's division to Hanover Junction, and on the evening of July 4th engaged the enemy, withdrawing after a sharp artillery duel, and joining General Dix at White House Landing. Mr. Husscy's company now took transport for Washington, joined his regiment at Centreville, Virginia, under Colonel Lowell, and during the remainder of the year served in the Department of Washing- ton. On January i, 1864, he went into camp at Vienna, Fairfax County, Virginia, with the Thirteenth and Sixteenth Regiments of New York Cavalry, but here the service performed was unsatisfactory owing to the fact that the country was infested with General Mosby's comrhand, who carried on a guerrilla warfare. They were all well-mounted, and being among friends could not be brought into open battle, but would strike at dead of night upon picket posts, or lie in ambush for favorable oppor- tunities to fall upon small and isolated detachments. On January 24th William E. Ormsby, of Company E, deserted his post while on picket duty and joined Mosby's Guerrillas, but on the 6th of February was captured by his former comrades while leading an attack near Aldie. On being taken into camp he was tried by a drum-head court-martial, sentenced- to be shot, and suffered death on Sunday, the 7th, in the presence of the brigade. On the 22d February, while Captain Reed was returning from a scout with about a hundred men, he fell into an ambuscade of Mosby's men, near Danesville, and with twelve men were slaughtered. Captain and Lieutenant Man- ning and fifty-five men being taken prisoners. Early in June Mr. Hussey marched with his regiment into the wilderness with an ambulance train, and brought off a number of wounded that had been left there after the battles of the 5th and 6th of May. On the loth of July they were ordered to Washington, and took a prominent part in the defense during the rebel invasion of Maryland. In the many engage- ments that followed, the command suffered severely in killed, wounded, and prisoners, while for some twenty-five days during the month of August they were under fire. On the 2Sth Capt. Charles E. Eigenbrodt was killed while leading his company in a charge near Charleston. This gentleman was a brave and gallant soldier, highly esteemed by both officers and men. He was an old resident of Alameda County, and many of its citizens remember him for his kindness of heart and his patriotic devo- tion to his country. On September 9th General Sheridan organized the Middle Military Division, better known as the Army of the Shenandoah Valley. The Second Massachusetts Cavalry was assigned to the Reserve Brigade of the First Cavalry Division — familiarly known as General Bufort's old command— composed of the First, Second, Fifth, and Sixth Regiments of Regulars. Colonel Lowell, of the Second Massachusetts Cavalry (Mr. Hussey's regiment) being given command of the brigade and General Merritt being placed in chief command of the division. The Second and Third Divisions of Cavalry were commanded by Generals Custer and Wilson, and formed the Cavalry Corps under General Tarbet. On the 19th of Sep- tember a general advance of the army was made, encountering General Early's forces at Opequan Creek, where a hard day's fighting was begun, and ended just at dark with a glorious victory at Winchester. By why particularize; suffice it to say that Mr. Hussey took part in all the general engagements of that splendid campaign, from Winchester to Waynesboro. On July 19th he was commissioned a Second Lieuten- ant, and the regiment being short of officers, took command of Company C. He had his 'horse shot under him at Waynesboro when charging, and was wounded at the battle of Cedar Creek, on October 19th, by a Minnie-ball in the left shoulder, which 912 History of Alameda County, California. now entitles him to a pension of ninety-six dollars per annum. Having been carried off the field and ,the ball extracted, in company with some five hundred wounded, our subject was sent to Sheridan's Field Hospital at Winchester, where he lay on the ground for four days; thence he was sent to Martinsburg, on the Baltimore and Ohio Railroad, and after a month proceeded to Armory Square Hospital in Washington, and finally to the Annapolis rendezvous in Maryland. Having by this dme suffi- ciently recovered to travel, Mr. Hussey now requested an order to join his regiment, which was accorded, and on reaching camp at Stevenson's Station, Virginia, was granted sick leave of absence to visit his relations in the Western States. On recovering from his wound our subject reported for duty at Remanat Camp, near Harper's Ferry, where he was detached as Acting Quartermaster and Commissary for the Sixth and Seventh Michigan Cavalry stationed at Point of Rocks, Maryland, and it was not until the close of the campaign that he rejoined his old brothers-in-arms at Appomattox Court House. With his regiment he proceeded to Washington for the Grand Review in which it took part. On April 29, 1865, Mr. Hussey received his commission as First Lieutenant of Company I, and on the i6th of June was promoted to the rank of Captain. This is but a summary sketch of our subject's part in the great, war; to exemplify that his was no carpet soldier's lot, we would state that among the princi- pal engagements in which he took a part were: South Anna Bridge, Ashley's Gap, Danesville, Aldie, Fort Stephens, Rockville, Poolsville, Summit Point, Berryville, Charleston, Haletown, Opequan, Winchester, Luray, Waynesboro, Tom's Brook, and Cedar Creek. Mr. Hussey was discharged at Fairfax Court House, Virginia, July 20, 1865, the regiment proceeding to Boston, Massachusetts, where they were mustered out of service. So soon as a settlement with the Ordnance and Quartermaster's Department could be made, our subject returned to Ohio, his native State, and for a few months attended the Beverly Academy, and subsequently entering the Ohio Uni- versity at Athens there studied for a year. He now embarked in school-teaching for a short time. On January i, 1868, he was united in marriage to Miss Abigail, daughter of Edward T. and Ann Way, of Noble County, after which he moved to Cherry Valley, Illinois, in the month of April, where he taught school for a few months. In the spring of 1869 we find Mr. Hussey once more in California, and entering the Civil Service was one of its members until February i, 1883, save two years passed in San Joaquin and Solano Counties. On the last-mentioned date he resigned his position as Impost Bookkeeper of Customs to engage in the manufacture of blasting- powder known as the Excelsior Powder Company, whose office is at No. 3 California Street, San Francisco. Mr. Hussey has always been identified with the Republican , party and has ever taken an active part in politics. He is a young man yet and has a brilliant career before him, as his honesty, industry, rectitude of purpose and high prin- ciples entitle him to. He now resides at'No. 667 Thirty-fifth Street, Oakland, and has been blessed with a family of six children, two of whom, Simon Otho and Thurza Beatrice, were called away at an early age. There remain to Mr. and Mrs. Hussey four children; Abbie Mabel, Ida Benicia, Willie Way, and Minnie Ethel, the two eldest of whom are attending the public schools of Oakland. James Hutchison.— Was born in Lanarkshire, Scotland, May 24 1824 and there served three years apprenticeship with his father to the trade of nursery- man, residing with him until he attained the age of eighteen years After passing four years in several nurseries in different parts of the " land of brown heath and shaggy wood," he crossed the border to England, and entered the service of the Earl of Limerick at Dutchen Park, Hampshire, as head gardener, which position he occu- pied eighteen months. He now returned to Scotland and became foreman of the Princes Street Gardens, Edinburgh, and held that appointment six months when he commenced to entertain the idea of emigrating. In the spring of 1847 he 'sailed for the United States, and first locating in Westchester County, New York, there followed his calling for three years. Mr. Hutchison now moved to New Jersey where he took Biographical Sketches. 913 charge of a most extensive private garden until March 1852, about which time he sailed from New York in the steamer Pioneer, via the Straits of Magellan, and landed in San Francisco, August 20, 1852. He immediately found occupation in a garden at the Presidio, but at the end of two months changed to conducting a flower establish- ment at the corner of Lombard and Kearny Streets, where he remained nearly a year. In the fall of 1853, purchasing land in Alameda, he there embarked in the nursery business, and laid the foundation of his present enterprise. In 1863 he came to Oakland, established himself at the corner of Ninth Street and Broadway, and in 1864 purchased the land at the corner of Twenty-sixth Street and Telegraph Avenue, com- prising three acres and a half, where he has planted an extensive nursery. In 1877 he acquired his present property at the corner of Washington and Fourteenth Streets, Oak- land, where he has a fine conservatory and floral seed and nursery depot. Married in Alameda 1855, Miss Elizabeth L. Sanborn, a native of Crown Point, New York, and has no issue. William B. Ingersoll. — Was bom in Boston, Massachusetts, January 31, 1834, and is the son of William and Serena (Sargent) Ingersoll. At the age of ten years he went to live on a farm, and was subsequently variously employed until the year 1851, when he commenced to acquire and afterwards followed the carpenter's trade until he was twenty-four years old. He then learned to be a photographer in the city c^" Boston, an occupation he followed until coming to California. Married Mrs. Annie F. Forest, of Lynn, Massachusetts, April 6, 1859. Left Boston for California September 26, i860. Arrived in San Francisco February 23, 1861. He there followed his calling until 1865, when he crossed the bay and established his business in Oakland November, 1865, on Broadway betweeen Third and Fourth Streets; afterwards moved to Sixth Street, between Broadway and Franklin, thence in November, 1868, to his present location, No. 1069 Broadway. Mr. Ingersoll's family consists of an adopted daughter named Rowena. Hon. Daniel Inman. — Was born in East Tennessee, in the year 1827, but v/hen only nine years old was taken by his parents to Illinois, settling near Quincy, Adams County. Here he attended the common schools and learned farm- ing. In 1846 he commenced to acquire the cooper's trade in Quincy, and in 1847 engaged in that trade on his own account, continuing it for two years. In April, 1849, he started for California with ox -teams, by way of the plains, and on arrival mined for a few months, when he opened a boarding-house in Sacramento in a canvas house that cost three thousand dollars, and which was ruined on account of the flood. Returning to the mines to retrieve his fallen fortunes, he there remained until 1853, when he embarked in ■ sheep farming for a year at Danville, Contra Costa County. Mr. Inman now went to the mines, where he stayed until 1858, when he returned to his farm at Danville, and there resided eight years. Selling now his farm, he pur- chased his place in Livermore Valley, where he has since resided. In 1863 he con- tested the office of Sheriff of Contra Costa County with J. J. McEwen; in 1867-68, was elected to the Board of Supervisors of Alameda County; and in 1869, was elected to the Legislature over the Republican candidate. In 1873 he was defeated for the Legislature; in 1877 was again defeated. In 1878 was elected a Delegate to the Constitutional Convention; and in 1880 led the forlorn hope again to defeat for the House of Assembly, being again defeated in 1882. Married November 16, 1863, m Danville, Contra Costa County, Miss Josephine Jones, and has seven children. Harry Inwall.— Was bom in Cincinnati, Ohio, May 20, 1840, and is the son of John H. and Elizabeth (Koster) Inwall. Having resided in his birthplace until the year 1862, he then enlisted in Company I, Second Ohio Cavalry, froni which corps he received his honorable discharge at St. Louis, August 8, 1865. He now proceeded to Indianapolis, Indiana, where he opened a liquor saloon, which he conducted until 1868. At this time he came to California, and settled in Sacramento, where he was employed in the Golden Eagle Hotel until 1874; he subsequently came to Oak- 91"* History of Alameda County, California. land and was with J. J. Hanafin until 1878, when he opened his present place of business known as the Sacramento Exchange. Married in Indianapolis, in 1867, Miss Ann Hanlin, who died in April, 1878. Married, secondly, Miss Mirza Beatty in September, 1882. Hon. John P. Irish.— Editor of the Oakland Times—ia a native of Iowa City, Iowa, and was born January i, 1843, son of Captain F. M. Irish, an old sailor who visited San Francisco Bay in 1820, when only the old Mission Dolores marked where the metrop- olis now stands. Jno. P. was a member of the Twelfth, Thirteenth, and Fourteenth Gen- eral Assemblies of Iowa and also of the extra session which formed and adopted the present code of that State; was a Regent of the State University of Iowa; arid was a Trustee of the Soldiers' Orphans' Home of that State. Was candidate for Congress in 1868 and 1872, and for Governor in 1877. Came to California in April, 1882, and removed his family to Oakland in September of that year. Aaron Jacobs. — This well-known and popular merchant tailor of Oakland is a native of Prussia, Germany, born May 3, 1852. At the early age of ten years he began to learn the tailor's trade with his father, where he remained for five years. He then proceeded to Dresden, and entered a cutting academy, from whence he graduated in the art of cutting in one year. In May, 1866, he sailed from Hamburg for America, arriving in San Francisco in June of the same year, where he found employment at his trade until 1870, when he removed to Ukiah, Mendocino Cfcunty, where he engaged in business for himself for five years. He then came to Oakland and opened a similar establishment on Broadway until 1878, when he sold out stock, and entered the employ of J. Tobin, of San Francisco, until March i, 1882, when he, in partnership with his brother, H. Jacobs, opened their present merchant-tailor store at No. 1062 Broadway, and are recognized as among the leading men in that line of business in the city of Oakland. Mr. Jacobs is married and has two children, viz.: Mollie and Sam. John William Jamison. — The subject of this sketch, whose portrait will be found in our pages, is the son of John and Vermelia (Edgar) Jamison, and was born m Washington County, Missouri, February 25, 1828. Here he received his early schooling, and resided, engaged in farming, until 1852, in which year his parents crossed the plains to California, our subject himself making the journey by way of the Isthmus of Panama. Arriving in San Francisco on the 6th August, Mr. Jamison at once proceeded to Placer County, and there embarked in mining, which he followed until October, when he abandoned the search for gold, and, coming to Alameda County, settled m the beautiful valley at the foot of the Contra Costa Range, and fol- lowed farmmg until 1854. He now returned to mining, the place of his operations being Clear Creek, Shasta County, and there remained ten months. In July 1855 he came back to this county and settled permanently on his father's farm, where he resided until the fall of 1859, when he located on his present place, consisting of one hundred and twenty-five acres. Here he has since resided, respected by his fellow- citizens. Married, October 17, 1861, Miss Helen J. Hamilton, a native of Lawrence- burg, Indiana by which union he has four surviving children, viz.: William Homer Helen L., and Lillian Mabel. ' F. C JARVIS.— Was born in Ellsworth, Hancock County, Maine, September 1 1 1 832, and IS the son of Commodore Joseph R. Jarvis, U. S. N. Having resided at his birthplace until the year 1846, he was taken by his parents to Portland, New York u- u^^\ l''°"'"^^"''l''^^^^^^""& ^'^^ ^"d followed it until the spring of i8a at which date he came to California. His first employment was weighing hty for Ritchie & Stearns in Sacramento, and at the end of a year proceeded to the mines, and was here engaged until 1857, when he went to the Frazer River, being absent abou welve months, when he returned to San Francisco and commenced coasting, which he fo lowed until settling in Alameda County in 1865. Married in 1873, M ss Emma Wiley, and has Olivia, Evelyn Otis, Emma Carr. -t^mma Biographical Sketches. 91; Howard S. Jarvis. — Son of Edward Scott Jarvis and Elizabeth (Sparhawk) Jarvis, was born in Hancock County, March 28, 1836, where he resided until 1853, in which year he came to California and located in Tuolumne County, where he engaged in mining and farming until i860. From that time until 1867 he mined in Nevada and this State, when he entered into partnership with his cousin in Alameda. Married on December 3, 1872, Miss Maria R. Reeder, by whom he has: William Pepperrell, Charles Fitz, Neva T., and Elizabeth S. William H. JessuP. — The subject of this sketch, whose portrait appears in this history, was born in Fayette County, Indiana, August 2, 1820, where his parents were engaged in farming. In 1829 he moved with them, and settled near Indian- apolis, the newly established capital of the State, where with the combined efforts of the father and an older brother, they opened a small farm in the dense forest of beech, maple, walnut, and oak. Finding the clearing of such land too severe a task, his father sold out and removed to the northerly end of the State in 1833, and set- tled in the then wild but lovely prairies in La Porte County, where the charming new town of the same name had just been laid out. Here in this lovely place the family made what they supposed a permanent settlement. Here he was apprenticed in 1834 to Levy Decker to learn the blacksmith's trade, serving an apprenticeship of four years. After mastering all that could be learned in those primitive days in that trade, he quit it for the time being and served one year at wagon-making. Quitting this, he started to learn the carpenter's trade, the one that he had always had a desire to learn. During this period of six years his father had filled several offices of trust. The name of John Jessup was known all over that section, and honored and respected wherever known — genial, kind-hearted, and true to his friends, ever ready to accommodate and aid them with his name. All old settlers will remember how high speculation ran all through the West from 1835 to 1837, and how the country was flooded with worthless wild-cat money, and how in the latter year the crash came. Being a heavy indorser, he went down with the general crash. Discouraged with the prospect of re-establishing their former standing, the family held a consultation and decided to seek a home farther west. Gathering the remains of the wreck, the father left for Wisconsin, where he finally settled in the then small town of Mdwaukee, where he soon after moved the family. The subject of this sketch and his older brother started with a small band of horsesfor the central portion of Illinois, arrivmg m Springfield on the day of the inauguration of President Harrison. Shortly after dis- posing of the horses, the brother joined the family at Milwaukee. But young Wm. H remained in Springfield, where he completed his trade of carpenter, working on the new capitol and State bank, which were then in course of construction. But here again misfortune attended the eff'orts of our subject, as the failure of the bank swept away all his savings, but, nothing daunted, he persevered, and obtained a position as / deputy postmaster in Rochester, Illinois, through the intercession of the lamented^ Lincoln, who manifested a deep interest in and friendship for the young stranger After holding this position about a year, he again took up his trade of carpenter and to still further advance himself in the useful arts, he served one year at the cabinet trade with John Gibson, in Logan County, Illinois. At the constant solicitation of friends, he joined the family at Milwaukee, in the dead of winter, on horseback in the winter of 1843-44, crossing the prairies north of Peoria through a blinding snow-storm, in company with a party in wagons and sleighs, three of whom were frozen to death. ■•■ But he, being young and vigorous, and being inured to all the hard- ships of rough frontier life, escaped with slightly frozen feet. Soon after his arrival in Milwaukee he engaged in his business of carpenter and joiner, taking contracts for buildings in that rapidly growing city. The following summer he became acquainted with and married Miss E. M. Goelzer, an estimable lady, of German birth, who has proved a faithful and loving wife and an attentive and affectionate mother. Seven chil- dren were the result of this union, two born in Milwaukee, one son and a daughter, 916 History of Alameda County, California. the latter dying in infancy. Everything moved on smoothly until the winter of 1848 -49, when the whole country was agitated by the wonderful stories told of the rich gold discoveries in California. The contagion of the o-old fever was general. Young Jessup couldn't resist, and straightway made preparations for the newly dis- covered gold-fields, but found it impossible to get ready for the following spring's emigration, and with many regrets he was forced to bid his friends good-by, after accompanying them several miles on their way, with the promise to meet them in California the next year, a promise which he made good. Selling out the following summer and fall, he was fully prepared for an early start the next spring. Form- ing a co-partnership with Joseph Pollock and John Davis, the party had a splendid wagon and outfit built, ready for starting. And on the 19th of March, 1850, he bade good-by to his disconsolate little family and sailed to Chicago by steamer, as at that time there were no railroads, with his party, there to take the canal- boat for the Illinois River; thence by steamer to St. Joseph, where the party bought mules and horses. And on the 4th of May they crossed the river, and struck out over the beautiful level plains of Kansas, that seemed to terminate only at the setting sun, with as fine a four-mule team and as complete an outfit as ever crossed the plains, and with two good saddle-horses. Before leaving St. Joseph the party took a passenger who was to assist in camp duty, besides paying two hun- dred dollars for his passage. They were also joined by the wife of one of the part- ners, Mrs. Pollock, which gave to the party a home-like, domestic appearance. They resolved on the start to keep themselves aloof from large parties, and take their leisure, that they might get their stock through in good condition, which proved a wise precaution. Mr. Jessup, being an expert with the rifle, as all frontiersmen were in the early settlement of the West, was selected to do the hunting for the party, and was released from all camp duty, except night-watch in the vicinity of roving bands of thieving Indians, and his unerring rifle kept the party and many a hungry emigrant abundantly supplied with fresh meat. The buffalo, deer, antelope, mountain sheep, hare, and sage-hen all had to pay tribute— always hunting on foot, frequently remaining out all night, constructing covers of sage-brush, making his meals of hard bread and dried buffalo-meat, meeting with many adventures and hair-breadth escapes with Indians and wild animals, in one instance only escaping the scalping- knife by a strategy learned among the Indians themselves. The distance traveled on foot by Mr. Jessup while hunting would more than equal the entire distance across the plains. Coming by the way of the South Pass and Sublette's Cut-off, down the Hum- boldt, through the Carson Canon, they arrived on the summit of the Sierra Nevadas on the memorable day when California was admitted into the glorious Union. When the summit was reached the entire party took off their hats and gave three hearty cheers, not that they knew that they were in a newborn State, but that they knew they were in California, and near the end of that long and toilsome journey, filled with so niany dangers and privations. They arrived in Hangtown (now Place'rville) on the nth of September, 1850, where the party broke up and divided their property and parted good friends, each to pursue his own course, Mr. J. fell in with a party of young men— Frank Lick, afterwards Supervisor of Milwaukee, Wm. Bals, and James Dewey— all of Milwaukee. With those three he formed a company to engage in placer-mining, which they followed with varied success until the following sprino- when the terrible May fire of 1857 startled the whole Pacific Coast, and even the' East, and created a great demand for all. classes of mechanics Mr Jessup left his party on the receipt of the news and started for San Francisco, buying a set of tools on the way, arnvmg m time to see what remained of the great city of adobe houses board shanties, and canvass tents, enveloped in the smoke of the smoldering ruins' The morning after his arrival he obtained work at twenty-five dollars per day for a few days, of a Mr. Shaw, a contractor, but those wages could not be expected to last long, so he engaged to the same gentleman for the season for ten dollars per day Biographical Sketches. 917 About a month passed, when the June fire came and swept away all that had been accomplished, together with nearly all the stock of goods taken from the store-ships and the greater amount of surplus building materials that remained after the May fire. Mr. Jessup lost all his earnings and tools, and his employer was a heavy loser, and to help him out his men gave him all the aid in their power, but he had finally to sus- pend; and here Mr. Jessup lost all his wages, only drawing enough to pay expenses, sending but little to his family, and paying fourteen dollars per week for board. The following fall he obtained a job of the late Capt. J. B. R. Cooper to goto Monteiey at eight dollars per day, where he worked until the spring of 1852, when he returned to San Francisco and sent for his family, who arrived June 16, 1852, he working on his own account. Many of the buildings erected by him are still standing in San Fran- cisco. After the arrival of his wife and child he engaged with the late B. R. Bucke- lew to build the now defunct California City in Marin County, returning to San Fran- cisco January i, 1853, where he worked at his trade until November, when he received an appointment from General Allen to take charge of the Folsom Street plank road, which position he held until it was about to be opened to the public, when he left that place, in the latter part of 1857, and took a contract to put up buildings for the Government at the Presidio. All his savings were judiciously invested in land, which was steadily increasing in value, until the spring of 1858, when the excit- ing news of the wonderful discoveries of gold in British Columbia stirred up anew the gold fever, and San Francisco was dead, and Frazer River was the new Dorado. Mr. Jessup, seeing that everything was at a stand-still in California, although not losing confidence in it, thought he could do something in the new field, while things were in this state at home; but his experience was no exception to that of others, resulting in loss of time and money, and suffering untold toil and hardships. He left San Francisco for Victoria in company with his cousin, John Rogers, in June, 1858, arriving in Victoria July ist, and remaining in that city till the latter part of that month, he formed a party of fifteen to work together in the wonderful gold-fields of the upper Frazer, taking passage for the party on the steamboat Umatilla, on her first trip up the Frazer and through Lake Harrison — the first steamboat that ever dis- turbed the waters of that placid lake. He was present at the dedication of the new town of Port Douglas, located at the head of the lake. Here the party expected to have found canoes in which to transport their supplies up the Dilute, or Harrison, River, but the Indians having left for the lakes and taken their canoes with them, Mr. Jessup was forced to procure an Indian guide to go up the river to the Dilute Dakes to obtain canoes, which was finally accomplished with the greatest difficulty, as the Indians were becoming very much dissatisfied at the invasion of so many whites, and nothing but the lack of fire-arms and ammunition prevented an outbreak. After obtaining five forty-foot canoes, Mr. Jessup started on the return down that terrible river with Indian guides in three canoes, who by a preconcerted plan ran the canoes close to the shore, when each Indian leaped out and took to the woods, and left the party to their own resources, and it was with the greatest difficulty that Mr Tessup prevented the party from firing upon the fleeing redskins. The intention of the Indians, evidently, was- to leave the guidance of the frail craft to inexperiericed hands, who knew nothing of the dangers of the river, and so go oyer the falls and to inevitable destruction, and as it was, the party reached the cascade in one-fourth the time they expected, and nothing but a miracle saved the entire company from mstant death, by running close in shore and leaping to the rocks. Three of the canoes were saved by throwing the tow-line to some friendly Indians on the shore; the other two canoes went over the falls and were dashed to pieces. The passage of near sixty miles was made in the incredible space of two hours and twenty minutes. In the ascent of the river the party endured the greatest hardships, wading m the ice-cold water of the river coming down from the snow-capped mountains, chin-deep towing their heavily laden canoes after them. At the head of the river (Dilute Dakes) the 91« History of Alameda County, California. party abandoned the boats, divided the supplies, which amounted to three hundred pounds to the man. This had to be packed across a forty mile portage, by each, with what assistance he could get from an occasional Indian. The mode of doing this was to divide each man's load into three parts, carrying the first forward a quar- ter or half a mile and putting it down, then returning after the second, always leaving one man to guard the pile at each end of the route. Crossing lakes Leaton and Anderson on heavy log rafts, striking the Frazer at the mouth of Bridge River, where arriving, Mr. Jessup learned that the threatened Indian outbreak, on the lower Frazer had occurred, and all communication cut off, and the most startling reports of Indian massacres were received, and the Bridge River Indians were in a high state of excitement, and only the bold stand of the well-armed and sturdy intruders prevented an outbreak. After prospecting the section of the country in strong par- ties, in the immediate vicinity of the camp, and finding no paying mine, and at the end of nearly a month news was received of the suspension of hostilities, and Mr. Jessup sold out his stock of provisions and tools, and with three of his party started on his return home down the Frazer, on the 29th of September, arriving in San Francisco about the middle of October, after passing through the roughest experience of his rough life, and a heavy loser. On his return he started to improve his property, to make good his losses, building tenement-houses In 1863 he engaged in the manu- facture of matches, starting the Eureka Match Factory. At first he met with poor encouragement from the trade, as the importers of San Francisco were handling the Polac, or Geneva, match, and having a large stock on hand, would not aid him in intro- ducing a home article, but on the contrary put every obstacle in the way of success. Mr. Jessup warned them he would yet have the trade, that Polac could no longer monopolize the match trade on this coast, and that he was bound to succeed or lose $20,000, and that he would supply their customers for one year free of charge if they would not aid him in the introduction of his manufacture, and so keep the money in the country. They laughed at him for presuming to buck against the impoi'ters of San Francisco, and Polac, a man who employs six thousand hands. He replied that if Mr. Polac employed six hundred thousand hands, he could no longer sell his matches in this market. Mr. Jessup then took in two partners, Wm. B. Williams and Wm. H. Finch, and putting in new and improved machinery, ran the factory to its full capacity, sent wagons out, scattering their goods broadcast over the country, giving away thousands of gross. This soon began to tell on the trade, and m less than one year there was but little call for the imported match, and inside of three years the importation ceased, and the importers were forced to close out their unsalable stock at ruinous prices. In the mean time the factory prospered under the efficient management of Mr. Jessup until an unfavorable ruling of the Commissioner of Internal Revenue, at Washington, forced them to shut down the factory The unfavorable ruling was to allow the importer to sell imported matches in original cases without stamps, to be stamped by the retailer when offered for sale The effect of this ruling would be to allow great quantities of matches to pass into the hands of large consumers without stamps. Mr. Jessup sent a long communication to the Commissioner, setting forth the working of the order and the hardship it would work on home indastry. On the receipt of th'is communication, the Commissioner tele- graphed immediately to have all matches stamped. At this time the Eureka factory was consuming from eight to ten thousand feet of lumber a month, and their stamos were running from five hundred to a thousand dollars a week. This piece of manoeu- yering took the last hope from the importer, and Mr. Jessup had the field to himself until the Chinese and unscrupulous white men saw a chance of making money by evadine the high stamp duty on matches, procuring children and women to sell their iUicil manufactures all over the country, which made the business less profitable In i86^ Mr. Jessup sold a one-fourth interest in the factory to Elam & Howe, retaining a one-half interest, Mr Finch having withdrawn. In that year the company met wifh a severe Biographical Sketches. 919 loss, in the burning of their factory, with about fifteen thousand gross of matches, not saving a dollar from the ruin. In the winter of that year also Mr. Jessup met with a heavy loss by being flooded out, and his beautiful house and property on the corner of Twelfth and F"olsom Streets almost destroyed by the building of a sewer by the city authorities, for the purpose of draining Hayes Valley. Failing to finish the sewer before the wet season, the heavy rains of the following winter swept down over his property carrying everything movable before it. Mr. Jessup brought suit against the city for damages, which was persistently contested on both sides for thirteen years. Mr. Jessup obtaining a judgment, a new trial was granted, and again he received a judg- ment, which was finally affirmed by the Supreme Court. After reconstructing his house and greatly improving it, he again met with a heavy loss in 1870, by fire. Just as his house was completed and being furnished, it was burned, with a large amount of property. The loss was about $23,000, partly insured. As his home was destroyed, Mr. Jessup thought it would be a good time for him to visit his friends at the East; so, after an absence of twenty years, with his wife and eldest daughter, he made a visit to them, remaining eight months. Returning on the 5th of August, 1 87 1, he immediately set to work to reconstruct his house, which was finished the following winter. In 1873 he sold out 'his entire interest in the match factory (which had been conducted by Mr. Williams) to Elam & Howe, as the business had become less profitable. Mr. Jessup then cast about for some more remunerative business. Find- ing a fine miUsite in Lake County, he closed a bargain and bought the Martinez Flouring-mills, of four run of stone, took them down and moved them to the new site, where he erected the finest country mill on the coast, three miles west of Middle- town and near Anders Springs, on the Lakeport road. Mr. Jessup took in a partner, one Russell Stevens, a good mechanic, and excellent mill man, who had no money, but a pocketful of recommendations from business men of San Francisco, giving him a one-half interest, to be paid for out of the profits.. He subsequently bought the Cobb Mountain Saw-mills with sixteen hundred acres of timber land, putting this man Stevens in charge (with a one-half interest in both mills) until he himself could settlfe up his business in the city and take charge in person. But before this could be accomplished, Stevens had, by conspiring with others, involved the whole business to such an extent that it was impossible to extricate it, coming at a period when money could not be obtained on any security, at the time of the suspension of of the Bank of California. Mr. Jessup commenced an action of injunction against Stevens, demanding an accounting, had him arrested for fraud and contempt of court. He got out of jail on false afifidavits and jumped on board the Mexican, then lying at the wharf with steam up, and was off to Mexico, with all the funds of the concern. This proved the most unfortunate speculation of Mr. -Jessup's life, losing nearly $25,000 by the transaction, involving him in total ruin. In order to pay off the debts incurred he sold every foot of property he owned, amounting to over twenty thou- sand dollars, which did not yet clear him, leaving him, with but his hands and good health, to start anew with. Undaunted, he was ready to fight over the battle of life, when 'a still more severe loss befell him, and one that was forever to affect the remainder of his hard and eventful life, in the loss of a beloved and lovely daughter, just budding into womanhood. He no longer desired to make San Francisco his home, and by the assistance of a good friend he was enabled to procure his present home in this county, encumbered with a debt of $16,500, without a dollar to stock the place with, or to support his family until the next year's crop came in. With a brave heart and determined to win or die, he left his old home that he had occupied for twenty-three years (and in which five children had been born and reared), to seek the peace and retirement of the country, and to adopt horticulture as a profession— a business he always had a taste for, and one that he was eminently fitted for by nature. He immediately took a leading part in the horticulture of the State is an active member of the State Horticultural Society, a member of Eden 920 History of Alameda County, California. Grange; he is referred to as authority on horticultural matters. Keeping up an extensive correspondence on Horticultural concerns, his correspondence extends from Oregon to Texas. He also has contributed extensively to the press of the Coast. He is a regular contributor to the Pacific Rural Press, and an occasional contributor to the Rural Californian, at Los Angeles, the Oakland Tribune, the San Francisco Bulletin, Wsyv^d^rds Journal, M/iWa^mette Farmer, Portland, Oregon; and a good article of his is published in the State Agricultural Report of 1881. Many of his effusions have been republished by other papers in the State, and to his untiring efforts an'd faith in the future importance of the fruit industry of the coast, is due in a great measure the impetus given to the horticultural interest of" this State during the past four years. John Johnson. — The subject of this sketch, whose portrait appears in this work, was born in the city of Hamburg, Germany, March 14, 1818, and when an infant had the misfortune of losing his father, mother, brother, and a sister, in the burning of a distillery which his father owned, Mr. Johnson, then in the cradle, being saved by the courage of his elder sister, with whom he dwelt until he attained the age of thirteen years. At this time he commenced a seafaring life, shipping as cabin-boy on board the brig Louise Field, of Hamburg, and made his first voyage to Hull, Eng- land, where he took a cargo of coal for Flensburg. On November 23, 1831, he suffered shipwreck in the Skager Rack, the arm of the North Sea, between Denmark and Norway, where all on board were lost save our subject and Fred. Olsen, the latter of whom, clinging to the gallant-mast, and the former to the maintop-gallant-mast, were tossed about in the cold and tempestuous sea for upwards of twelve hours. Being ultimately picked up by a pilot-boat, they were landed at Frederickshaven, whence they" begged their way, through some five feet of snow, sometimes being obliged to sleep in it, and occasionally finding the poor shelter of a barn, to the city of Flensburg, where, Olsen dying from cold and exposure, Johnson was taken charge of by his Consul and sent to Hamburg, where he arrived January 20, 1832. He now engaged in the coast trade until March, 1833, when he shipped on a voyage to Green- land, in the 0. Roakcol, when six thousand seals, a whale, and one polar bear were captured, on the latter of which our subject whiled away the time by practicing the taxidermist's art. On getting back to Flensburg, he once more shipped in coasters until the whaling season, when, in March, 1834, he made another voyage to the high latitudes, in his former vessel. In September of this year he made a voyage to New- castle, England, for coal, and on March 18, 1835, started in the ship Has. Home on a whaling cruise, when they reached as high as seventy-six degrees north. On this voyage they took a shipwrecked crew off the floe, that had been on the ice for eight days. In October, 1835, he made a trip to the island of St. Thomas, West Indies, loaded with sugar, and returned in February, 1836. In the foIlo\ying month he sailed from Eckenfur, on another whaling voyage, when eight thousand seals and two whales were captured, returning August 12th of the same year. On April 2, 1837, he returned to the island of St. Thomas, was attacked with yellow fever, sent to the hospital, and left behind. On recovering, he shipped in the schooner lovio, November 9, 1837, and, after leaving port, found he was to take part in the slave trade-. Proceeding to the west coast of Africa, they there took on board two hundred and forty negroes, with whom they returned to St. Thomas, the trip occupying six months, and being attended with many dangers. In May, 1838, having taken a cargo of sugar on board, Johnson sailed for New York, and thence proceeded to Valparaiso, and afterwards to the Chincha Islands, where, loading guano, they sailed for New York, and arrived April 5, 1839. His next voyage was to Paraguay, three hundred miles up the Rio de la Plata, where, loading a cargo of native wood, they returned to Montevideo. At this time war was raging between Paraguay and the Argentine Republic, and when on a journey some hundred miles up the river with the ship's boats to procure fresh water, they were attacked by two large launches, and a severe Biographical Sketches. 921 fight ensued, Johnson and his party ultimately getting clear without damage. After making some trips to that locality, our subject returned to New York, where he arrived April 12, 1841. In December of that year he shipped in one of the Black Ball line of clippers for Liverpool, and when two days out was struck by a squall that nearly tore the masts out of her; but rigging some gear, however, they returned to New York, whejre they arrived four days after they had set sail. After repairing, on March 2, ■i'842, another start was made, and the voyage across the Atlantic success- fully accomplished. After another round trip in this line, Johnson proceeded to Bos- ton, and there shipped in the Prince of Wales, in 1843, bound to Calcutta, East Indies, and thence to London, England. He now went to Liverpool, and on Sep- tember 9, 1844, signed articles for another voyage to Calcutta, on board the Bounty Hall, and arrived February 27, 1845. Our subject kept in the East India trade until 1847, when he proceeded to Russia, and lay four months in the ice at Cronstadt, after- wards returning to Boston, where he arrived in March, 1848, subsequently making trtps to St. Malo and Boston. In 1849 he sailed in the ship Louise Field for Cali- fornia, and in 1850 first entered the Golden Gate; and, after working as a stevedore in San Francisco for some time, went across the bay to where the city of Oakland has since sprung up, and there commenced burning charcoal. He thence went to Mount Eden, there took up his residence, and, embarking in salt-making, has since been largely engaged in that occupation. In the winter of 1852 he commenced hunt- ing; and, among expiloits too numerous to mention, on one occasion came to close quarters with a grizzly, which, after severely wounding, he finally killed. But it is unnecessary to follow further Mr. Johnson's adventurous life. He has had hair- breadth escapes in every part of the world. When but a youth, we have seen him shipwrecked; in the perilous voyages to the Arctic seas we have followed him; and in the far-away Straits of Malacca he was attacked by Malay pirates. Out of all these "tight places" he has come with credit. He is now quietly ensconced at Mount Eden Grove, where he maintains an unstinted hospitality, living a retired life, and sur- rounded by the comforts he so well deserves. Married, July 4, 1855, Miss Augusta Lorentz, a native of Hanover, and has two children, viz.: August and Sophia. Andrew Jones. — The subject of this sketch, whose portrait appears .in this work, was born in Seneca Cotinty, New York, October 12, 1837, where he resided, save one year, until he came to California in the month of October, 1869, embarked in farming with his brother, and now owns thirty-five acres of land and leases one hundred and eighty acres more; employs about seventy-five men during pickmg sea- son. He is engaged in the cultivation and manufacture of pickles. Married, Aprd 27, 1858, Miss Jane C. Greene, and has three surviving children, viz.: Nellie (now Mrs. M.' T. Fontana), Edna, and Mary. ^ , , EdmoND Jones (deceased). —This gentleman, the. brother of the above-named Andrew Jones, was a Quaker by birth, and born at Janetta, Pennsylvania, m the year 1820 After carrying on a dairy business near Philadelphia, m 1853 he emigrated to California, and on arrival began a draying business, but soon after engaged in the pickle trade with Baker, in San Francisco. In 1856 he came to Alameda County, embarked in farming operations near San Lorenzo, and there resided until 1864, when he removed to the ranch where his brother now resides. He died Decem- ^^ ^Michael J Keller.— Was born in County Cork, Ireland, September 29, 1844, and there resided and served a regular apprenticeship to the dry goods trade. In April 1868 he sailed for San Francisco, and arrived in the following month; he then proceeded to Sacramento, where he found employment in a drygoods store for a short time. He subsequently opened a store in Marysville, and there resided eight years After spending two years in San Francisco, in March, 1878, he came to Oak- land, entered the employ of Miller Brothers, continued with their successors, and in 59 922 History of Alameda County, California. March, 1879, opened his present shirt manufactory and store at No. 1007 Broadway. Is married and has one child, named George M. Charles A. Klinkner. — The subject of this sketch, whose portrait appears in this work, is the son of John and Catharine (Hermann) Khnkner and was born in Ausen, Germany, June 25, 1852. When our subject was only two years of age his parents emigrated to the United States, and on arrival proceeded to Iowa and located in the town of Cascade. Here his father followed the shoemaker's trade, while Mr. Klink- ner attended school. At the early age of eleven years he entered a mercantile estab- lishment in that place, subsequently removing to Worthington, where he remained three years. For a year previous to his coming to the Pacific Coast he followed farm- ing. August 19, 1872, he started for the Golden State, arriving in San Francisco on the 28th of that month. He first found employment in the auction house of Van Shaack, on Kearny Street, where he remained eleven months, at the expiration of which time he proceeded to Solano County, followed farming for four months, and subse- quently started and continued a huckstering trade throughout the country for two years. In the fall of 1875 he engaged in and laid the foundation of his present pros- perous business, in canvassing for Hollister & Co., and at the end of one year opened a factory at No. 103 Montgomery Street, San Francisco, for the manufacture of rubber stamps. Here he prospered until he found his quarters too limited, when, in 1878, he moved to his present place of business at No. 320 Sansome Street, San Francisco, where he is engaged in the manufacture of all kinds of rubber stamps — a business that with small beginnings has grown into one of vast proportions. Married in Vaca- ville, Solano County, November 23, 1875, Miss Catharine Parke, a native of Alameda County, and has three children, viz.: Charles A., Frederick G., and Herman. Ernest F. Kohler. — Born in Hanover, Germany, January 16, 1842, and there was educated and resided, being with his uncle in a distillery until he attained the age of seventeen years. He then emigrated to the United States, and arrived in New York September 3, i860, where he resided until coming to California in Decem- ber, 1 86 1, landing in San Francisco on Christmas Day of that year. At the end of a twelvemonth he embarked in agricultural pursuits on Sherman Island, where he remained until June, 1868, when he returned to New York on a visit. In the month of August of the same year he came back to California, and engaged in wine-making in different localities until 1878, when, in September of that year, he purchased his present ranch of three hundred and twenty acres in Contra Costa County, on which he has a vineyard and orchard sixty acres in extent. Mr. Kohler is engaged in the wine and liquor business at No. 1502 Seventh Street, Oakland. Married, in San Francisco, Miss Matilda F. A. Klussmann, a native of Mecklenberg-Schwerin, Germany, and has: Frederick, Matilda, and Henry. Lewis Knox.— Was born in Licking County, Ohio, August 20, 1829, and is the son of Titus and Margaret Ann (Sinnolt) Knox. At the age of seven years, his parents moving to Delaware County, in the same State, our subject resided there until April, 1852, when he started for the Pacific Coast and landed in San Francisco on May 13th, He at once proceeded to San Jos^ and continued farming there until 1857, in which year he returned to Ohio, where, June 23, 1857, he was united in mar- riage to Miss Mary Allen, a native of Franklin County. On the ist July following, accompanied by his bride, Mr. Knox once more turned towards California, and on arrival settled at Haywards, where he lived until 1861, when he came to his present place, consisting of one hundred acres where he is engaged in general farming and fruit-raising. His family consists of three sons and a daughter, viz.: Owen, Ellie (now Mrs. Lynch), Harry, and George. William Knox.— The subject of this sketch, whose portrait appears in this work, was born m Lickmg County, Ohio, July 9, 1823, and there resided for the first thirteen years of his life, He then moved to Delaware County, in the same State, where he lived with his father upon a farm up to 1846, afterwards entering into the occupation Biographical Sketches. 923 of driving cattle, an employment he continued until the "spring of 1850. On March 1st of that year he removed to New York and with seven companions sailed therefrom on the Empire City for the Isthmus of Panama, thence by sailing-vessel to San Fran- cisco. The latter part of this voyage was attended with difficulties which culminated in the suicide of the master of the ship and her putting back. In Panama our subject worked for two weeks in a restaurant, and finalh' paying three hundred dollars for a passage-ticket on board of the old steamer Isthmus, arrived in San Francisco, July 12, 1850. Proceeding at once to the mines on the Yuba River, Mr. Knox there worked until the following year, 185 1, when he transferred his habitation to San Josd, and in khe fall embarked in farming operations, which he successfully continued up till the autumn of 1853, at which time he paid a visit to the scenes of his youth in Ohio. There purchasing a band of sheep he drove them across the plains to Santa Clara County, where he arrived in the month of October, 1854. Mr. Knox now engaged in sheep-farming, making his home in that historic county until the fall of 1856', when he came to Alameda County, located in the vicinity of the place where he now resides and there followed sheep-raising until 1873. I" the year 1864 our subject revisited his childhood's home in Ohio and brought back with him to California a band of horses, while once again, in 1869, he turned his steps eastward to revisit the land of his youth he loves so well. Mr. Knox is now the possessor of property aggregating eight hundred and forty acres and acquired as follows: In the fall of 1864 he purchased a plot of land at San Lorenzo, Eden Township, comprising one hundred and four acres; in 1867, he bought a half-section of land in Murray Township; and again, in 1873, a ranch of three hundred and sixty acres also situated in Murray Township, while the farm on which he now resides he acquired in 1 861, and it is at present under general grain and fruit cultivation. Mr. Knox married in Franklin County, Ohio, June 23, 1857, Miss Rhoda L. Greenleaf, a native of Middlebury, Vermont, who died December 16, 1882, by which union there have been born seven children, only three of whom survive, viz.: Milo, William, and John. John W. Kottinger. — The subject of this sketch is the youngest son of Anthony and Rosa (Koenig) Kottinger, and was born in Austria, November 24, 1820. When nine years of age he was sent by his parents to the city of Vienna, the capital of Austria, where he received that education which leaves him a scholar of great erudition. At the age of twenty-two years he entered the family of Prince Charles Lichtenstein as private tutor, where he remained until November, 184S, in which year he went to Switzerland. In 1 846 he crossed the Atlantic to New Orleans, and came from there with George D. Prentice to Louisville, Kentucky, with whom he was connected until February, 1847, while that gentleman was editor of the Louisville Journal. Mr. Kottinger subsequently resided in different portions of the United States, and ultimately sailed from New York to Rio de Janeiro, Valparaiso, etc. finally arriving in Cahfornia, September 16, 1849, on the Hamburg bark Adelgunda. After a sojourn of six days in San Francisco our subject proceeded to the Pueblo de San Josd, where he opened the first school taught there. From January, 1 850, he acted as interpreter m the different courts of Santa Clara County, until October, at which time he purchased a band of cattle and drove them to the mines for sale. This done, he returned to San Jos^ and entered into- partnership with District Attorney Sanford, bemg admitted to the practice of law in the spring of 185 1. In the fall of that year he came to what is now Alameda County and settled at Pleasanton, then commonly known as Ahsal from the many sycamore trees in -that vicinity. For an account of Mr. Kottingers doings we refer the reader to the history of Murray Township. In January, 1852, he was joined by his family, and then entered into the business of stock-raisng, which he followed until the year 1857, at which time he removed his residence to San brancisco and embarked in the real estate busine.ss. In 1862 he returnd to Alameda .County where he has since rasidai. Married, April 27, 1850, Sefiorita Maria RBernal, and has a family of nine children surviving, viz.: John, Frankhn, Alfred, Wilham, Rosa Eva, Annie, Maggie, and Martha. 924 History ok Alameda County, California. Joseph Lancaster. — The subject of this sketch, whose portrait appears in this work, was born in Wakefield, Yorkshire, England, November 24, 1842, and there passed the first twelve years of his life, having attended school in that town. After serving an apprenticeship of seven years at his trade in a large establishment at Batley, he then worked as a journeyman tailor until 1863, when he sailed from Liver- pool for the United States. Landing in New York, after a short time he proceeded to Newburgh, but a few weeks subsequently, in the month of October of that year, enlisted in Company A, 115th Regiment, New York Volunteer Infantry, Colonel Simmons, commanding, and at once proceeded to the south, joining his regiment at Beaufort, South Carolina, where it was then stationed — the 11 5 th was a part of General Seymour's command, which made a campaign in Florida early in 1864 — taking part in the engagement at Olustee, Florida, where he was wounded, and still bears the scar. He was then invalided for three months, after which, first having a short furlough, he rejoined his regiment before Petersburgh, Virginia, where it took an active part in the siege, and he made the assault on the rebel lines with his corps, when the mines were exploded under the enemy's works on the 30th of July, called the Bloody Battle of the Crater. He next proceeded with his battalion to Point of Rocks on the north side of the James River, where, in a charge on the rebel's lines, he had the third finger of his right hand shot away at the middle joint; he next proceeded to Fortress Monroe, and a few weeks later was shipped to the North. On recovering from this last wound he returned to Newburgh in the fall of 1864, and two months thereafter paid a visit of a few weeks duration to Canada, whence he found his way to New Bedford, where shipping on board the Sophia Thornton, whaler, he sailed around Cape Horn, via the Sandwich Islands, to the Arctic Seas. He was there captured by the rebel cruiser Shenandoah, which destroyed every vessel she overhauled. The crews being eventually paroled, they were sent to San Francisco, and 'twas thus that our subject found himself in California. In July, 1865, he arrived in the Bay City, and finding employment at his trade with Francis Dixey, on Washington Street, there remained a year, after which he started in business on his own account on California Street, near Montgomery, and after several moves, finally, in January 1880, took up his present location at No. 531 California Street, San Francisco, where he is engaged in a large and prosperous merchant-tailoring business. In 1871 he purchased land and built his present residence on Encinal Avenue, Alameda, where he enjoys the well-earned comforts of a happy home. Married, January 13, 1869, Miss Eliza Richards, a native of England, and has five children, viz.: Charlotte E., Susan H., Joseph L., Harold L., Bessie M. A: G. Lawrie.— Was born in Edinburgh, Scotland, in 1827. He came to San Francisco in the year i860, establishing himself as a Searcher of Records in San Francisco and Virginia City, there remained until 1865. In that year he proceeded to Alameda County in the like occupation, where he has since maintained a contin- uous residence Mr. Lawrie has had a long experience in his business, and takes rank among the leading searchers of records in the State. His office is situated at the northeast corner of Broadway and Fifth Streets Oakland .u ^^^^/^° LEHRBASS.-Was born in Prussia, Germany,' October 13, 1853, and there resided with his parents until he attained the age of sixteen years. He then commenced learning the brewery business, which occupation he followed until he emigrated to the United States Landing in New York on November i, 1872, he at once proceeded to Detroit, Michigan, and there worked at his calling until the spring of 875, when he moved to Connecticut, then to Ohio, and in the spring of 1876 came to California, arriving in San Francisco in the month of July. Hbre he was employed in a brewery until the followmg June, when he moved to Oakland, Alameda County and found occupation at the same trade. He subsequently engaged in the bottled beer business,'and finally purchased the saloon at Market Street Itation on Seventh Street, Oakland, where he is now engaged in business. Biographical Sketches. 925 Columbus R. Lewis. — Was born in Jefferson County, New York, July 17, 1838, and is the son of Grandison and Mary (Choffee) Lewis. At the age of sixteen years he left home, and commenced clerking in Oswego, New York, where he remained ■until i860. In that year he emigrated to California, and after passing two years at the mines in Inyo and Tulare Counties came to Oakland, in 1862, and worked at his trade of carpenter. He was the first fireman of the Central Pacific Local Train. The three following years he passed in a mercantile house, and in 1868 commenced a commission business which he still carries on. In March, 1880, he was elected to the Council of the City of Oakland, and still is in the performance of the responsible ■duties attendant on that office. Married, September 22, 1869, Mrs. Florence Hunger- ford, a native of New York, and has one child, viz.: Arthur, and two step-daughters: Kirkie and Nellie Hungerford. He has identified himself with the growth of the city ■of Oakland by the erection of a permanent brick building on Washington Street, and may be said to be one of the pioneers of Oakland City. Capt. James Mortimer R. Lewis (deceased).— Was born in Mount Vernon, Virginia, in 18 12, and was a son of Thomas Lewis, an officer of the Revolutionary Army. When young our subject was placed with his uncle. Wash. Roby, and received his early schooling in Washington City. He then entered the United States Navy, serving under such gallant heroes as Commodores Perry and Farragut. Having sur- mounted the intervening grades from Ensign to Captain, jn 1837 he was dispatched to the Pacific Coast, and as early as the fall of that year had anchored off Goat Island. Continuing in the Navy until 1842, he then entered the mercantile marine, and was for eight years on the route between New York and Liverpool. In 1849 he made a voyage to California, and returning to New York, sailed thence to Liverpool, as officer of the ship Star of the West. On his return he became a benedict. Until 1853, he ran on the route between New York and Havre, and in June of that year launched the clipper ship Young America, and sailed round the Horn to San Francisco. On arrival he entered the employ of the Pacific Mail Company, and was on the route between San Francisco and Nicaragua. In October 1855 he returned to the Empire City, but subsequently sailed again in the ship Adelaide, Captain Wakeman, for the Bay City, where he joined his wife, who had left New York a few days subsequent to his ■departure, and coming via Nicaragua, had preceeded his arrival by some time. Captain Lewis now took up his residence in San Francisco, but remained in the •employ of the Pacific Mail Company, plying between the Coast ports until 1858, when on account of declining health he made Centreville his home. Taking up his resi- dence there, April 20, 1858, with his wife, a few months later the erection, of the hotel now conducted by Mrs. Lewis, was commenced, it received the name of the United States, and there the veteran captain resided up to the time of his death. In 1865 he took up a ranch on the San Joaquin, which his widow now owns. January 15, 1873, the captain was gathered to his fathers, after a long and patient illness. He lies buried at the Mission San Josd, and over his grave has been erected a handsome monument by his sorrowing relict. Married in New York City, October 8, 1850, Miss Bridget J., daughter of Edward and Mary (Forristall) Wall, of Carrick Bay, County Waterford, Ireland, by whom he had two children, now deceased. William M. LisTON.— Was born in Lancaster County, Pennsylvania, July 31, 181 3 and at ten years of age was taken by his parents to Wayne County, Indiana, Tvher'e he received his education and resided on a farm for eight years. Proceedmg m 1 83 1 to the then territory of Michigan he was for six years engaged in tradmg with the Indians in Berrien County, and for two years subsequently carried on the trade of butcher there. On December 31, 1838, he left Michigan, and going to South Bend, Indiana, there passed three years as clerk in a lawyer's office, afterwards engagmg in the lime trade. In June, 1846, he returned to Michigan, located at St. Joseph, and being in poor health recruited for the next eighteen months, at the end of which time he purchased a saw-mill and conducted it until November 30, 1850, but his establishment 926 History of Alameda County, California. being consumed by fire/after settling his affairs, he found himself with just sufficient money to take him to California— the Land of Gold. On June i, 1851, he started with his wife and child for New York, and there taking passage in the ^X&zxa&x Frome- thus sailed for the Isthmus of Panama. On the Pacific side he made the voyage m the 'Sea Bird, but being extremely ill he was put ashore at Monterey. After a lew weeks in that ancient city he made the journey northwards and arrived at Mission San Tosd July 29, 1851, and was for twenty-seven weeks m the employ ot Henry C. Smith He was afterwards engaged in the building of a warehouse for the sanie gentleman at Alvarado, after which he moved to San Francisco, and for a few months conducted the old Montgomery House, situated on the thoroughfare of that name between California and Pine Streets. Like everybody else Mr. Liston took a turn at the mines but one day's work was sufficient to prove to him that it required a maximum ol toil to produce a minimum of gold, he therefore returned to Alvarado and worked for wages on a farm until the fall of 1852. He thenembarked in a grocery business, in a build- ing now vacant, located on Minden Lane. At the end of eighteen months he went into the stock business which he followed until the fall of 1861, when once more hard tate dealt unkindly with him. Undeterred, however, he once more essayed hotel-keeping, and opened the Brooklyn House on the ground where he is now located, and con- ducted it four years. Mr. Liston next engaged in staging from Warm Springsto Hay wards, San Leandro, and Oakland, remaining thus occupied until 1872, during which he had the contract for carrying the mail from San Leandro to Centreville, which last he held until 1861. In the month of October of that year he opened the Alvarado Tavern, which he at present conducts. Besides being a Justice of the Peace for Washington Township, he is also a member of the local Pioneer Association. Married in Michigan, November 18, 1847, Miss Catherine Kelly, a native of Canada, and has three surviving children, viz.: Maggie (now Mrs. W. F. Ingalls). Mary (now Mrs. D. C. Owens), and Jonathan J. Robert Livermore (deceased). — This old pioneer, after whom is named the fertile Livermore Valley, in which stands the prosperons town also so called, was born in Bethnal Green, London, England, in the year 1799, and there remained until 1823, when he entered the naval service of Great Britain, taking part in several notable sea fights, being for some time on the South American Coast under Lord Cochrane, after- wards Earl of Dundonald, when that famous Admiral was in command of the Peruvian fleets. He subsequently entered the merchant service, and while serving in that branch of the marine service came to Monterey in the year 1820. Hesoon after took to a shore-going life, and proceeding to the Pueblo de San Jose, there became acquainted with his future partner Noriega. Having worked for some time in the vicinity of the pueblo on the ranch of Juan Alvirez and there acquiring the Spanish language, he soon became a great favorite among the Mexicans, his fair hair and cap- tivating manners making him especially liked among the gentler sex. Not long after he removed to the Rancho Agua Caliente, or Warm Springs, where he stayed with the family of Higuera, and quickly finding favor in the eyes of one of the daughters of the house, secured her for a companion through life. We next hear of Robert Livermore in what is how the Sunol Valley where building an adobe resi- dence he located and entered upon the raising of stock and the cereals. He was here joined by his old comrade Noriega, and with him developed the idea of securing a rancho in the neighboring valley, then a wilderness of wild oats and chaparral and the home of large and small game. In 1835 he settled on the Las Pocitas Rancho, in Livermore Valley — the grant being secured in 1835 — and subsequently purchasing^ the interest of Noriega, there resided until the day of his death, which occurred in February, 1858. His estate he left to his wife and eight children. Robert Livermore was essentially a good man and true, and was of that grit of which the proper pioneer is made. His hospitality was unbounded, his open hand and heart knew no stint> he died as he had lived, respected by all who knew him. A volume could be written Biographical Sketches. 927 upon his many virtues, let it be our duty to here, as well as in other portions of this work, perpetuate his name in the annals of Alameda County. Robert Livermore. — This gentleman, whose portrait will be found in our pages, is the eldest son of the above distinguished pioneer and is the worthy son of a worthy father. He was born in Santa Clara County in the year 1840, and there remained until 1847, when he came to his father's Rancho, now Livermore Valley. Here he has resided ever since. Up till 1868 he was engaged in stock-raising, but in that year he embarked in the cultivation of the cereals, an occupation he still con- tinues. His education he received at the colleges of Benicia and Santa Clara. In Robert Livermore we have one of nature's noblemen whose word is his bond, and whose instincts place him beyond a paltry act. He is respected by every one for his own sterling worth as well as for the name he bears, while as a friend, happy is he who can claim that tie of amity. He married, November 25, 1861, Senora Teresa Bernal, and has six children, viz.: Isabella, Victoria, Charles, Katie, Nicholas and Delphina. Maas Luders. — Was born in Holstein, Germany, January 27, 1837. At the age of fifteen he commenced a seafaring life and after six years of a "life on the ocean wave" with all its concomitant disadi'antages he found himself in New York Harbor. On July 26, 1858, he shipped on board the Mary Brigham from Savannah, Georgia, bO'Und via Cape Horn to San Francisco, California. In the Bay City Mr. Liiders arrived November 11, 1858, and now trying a shore-going life he came to Alameda County and first found employment for six months in Washington Township, then with Cornelius Mohr, Eden Township, until September 15, 1861. In this year Mr. Luders rented land near Haywards and resided on it until 1865. In 1863 he rented a portion of the Dougherty Ranch, which he farmed while residing in Haywards. Finally, in the fall of 1865, he came to the place where he now lives, about two and a half miles west of Livermore, where he has been engaged in farming extensively up to the present time. In 1881 he purchased a tract of land of Wm. M. Mendenhall; a portion of the Rancho El Valle de San Jose, also a part of the Santa Rita Ranch, where he intends to make his permanent home in the future. He married November 21, 1872, Maria Hagemann, also a native of Holstein. The family consists of a step- son named August Hagemann. A portrait of Mr. Luders will be found in this work. John L. Lyon. — Was born in Ogdensburgh, St. Lawrence County, New York, April 7, 1842. Was educated at the High School of chat place and there resided until he attained the age of nineteen years. He then entered the army. On the day after the fall of Fort Sumter he enlisted as a private for six months, afterwards, however, enlisting for two years in Company A, Sixteenth New York Volunteer Infantry, and serving with his corps in all the principal engagements of that sanguinary conflict. He was with the Sixteenth at the first and second battles of Bull's Run, the seven days' fight on the Peninsula, the first fight at Fredericksburg at Antietam, and at the second battle of Fredericksburg, eighteen battles in all, in many of which he carried the national colors, and as a matter of course was always in the thickest of the fray, while his "hair-breadth 'scapes" are to be counted by tens. While at Salem Heights he received three bullet holes through his pants and had his haversack shot off, while two of the stars were carried away by bullets out of the banner he bore. On Septem- ber 29 1862, he was promoted to be a sergeant of his company. On January i, 1863, he was told off as permanent color-bearer of his regiment, a distmguished but hazardous position he occupied until the expiration of his time, when he brought home the bullet-riddled flag and presented it to Governor Seymour. On May 22, 1863, receiving his honorable discharge, he returned home to Ogdensburgh, and in that town Potsdam, and Watertown recruited a full company for the Fourteenth Heavy Artillery with which he proceeded to Albany, but did not receive his commission as Captain on account of having taken a rather prominent part in the Valandingham Indi'mation meeting, to which Governor Seymour sent a friendly communication. Thus not only was he officiallv shelved, but never received a dollar towards paying 928 History of Alameda County, California. his expenses in raising the aforesaid company of artillery. Returning to Ogdens- burgh, September 19, 1864, he stayed there only a short time, and soon proceeded to Syracuse in search of employment as a clerk, armed with a laudatory letter from Mr. Preston King, recommending him as "a young gentleman in whose good character, inteo-rity, and good qualities the writer, who had known him from boyhood, had the fulle^st confidence." This gentleman was a prominent citizen of Ogdensburgh, and had been for sixteen years the Representative from St. Lawrence County. Fmdmg a position in Syracuse he there remained about six months, when he proceeded to St. Joseph Missouri, and embarked in the lumber trade, organizing during the year he resided there the first fire company in the town, and becoming foreman of the Iroquois Hook and Ladder Company. Mr. Lyon now returned to Brooklyn, New York, and entered the brick and lime business,, being associated with the firm of Reeve & Co., for a year, when, upon the dissolution of the partnership, our subject carried on the same business for a period of seven years. During the panic of 1872, Mr. Lyon was one of its victims, therefore, having lost all, he turned towards California to retrieve his fortunes. Sailing from New York, December i, 1872, he arrived in San Fran- cisco on January 2, 1873, and commenced an auction business under the style and firm of Chamberlain & Lyon, at No. 539 California Street. This partnership was dis- solved at the end of a twelvemonth, and the style became Lyon & Fowler, the two gentlemen being associated until the removal of our subject to Oakland. In August, 1B76, he then established the now well-known house of Lyon & Kinsey, at the corner of Washington and Ninth Streets, and at the end of three years leased their present extensive establishment at Nos. 912 and 916 Washington Street, Oakland, where they carry on a general auction business in all its branches. Mr. Lyon holds the several offices of First Vice-President of the Home Protection Association of California; Vice-President of the Home Protection Association of the city of Oakland; and President of the Board of Trustees of the First Baptist Church of Oakland; Pres- ident of a mutual insurance society, known as the National Temperance Relief Union; Trustee in the Cosmopolitan Mutual Building and Loan Association; Director of Young Men's Christian Association; and ex-President of Oakland Reform Club; and, as a reformer, an incident occurred at the Republican State Convention (of which he was a delegate in the fall of 1882), which is told of him. Some two or three hun- dred delegates were smoking in the hall, when Mr. Lyon arose and addressing the Chair, said: "Mr. President — If I understand it aright, the Republican Party is a party of reform, and if we expect to accomplish anything in that line we must set the example; and as I look about me to-day I would take this to be a Democratic Con- vention did I not know to the contrary. Now, Mr. President, tobacco is a poisonous weed. It was the Devil that sowed the seed. It robs the pockets. It spoils the clothes. It makes a chimney of a man's nose. Therefore, Mr. President, I move that smoking be strictly prohibited during the balance of the session of this convention." Which motion was carried unanimously, amid great applause. He is also a member of Lyon Post, Grand Army of the Republic, and a member of the Patriotic Sons of America. Married in Fayetteville, Onondaga County, New York, October 12, 1864, Miss Mary E., only daughter of Julia A., Parker, a native of that State, by which union there are two sons, viz.: William P. and Edward C. A portrait of Mr. Lyon appears in this work. William Hayward Mack.— The youngest son of Elisha Mack, Jr., who at the time was engaged in the mercantile business in West Troy, New York. William H. was born August 23, 1812. When about two years old his parents moved to Albany, New York, where his mother died March 4, 18 19. He was then sent to Plainfield, Massachusetts, to his mother's parents to be educated. When he was ten years old his father remarried, and the two sons returned to him at Albany. His father at this time was very extensively engaged in the wholesale produce and pork- packing business. William, when about sixteen years old, was offered a fine situation Biographical Sketches. 929 by Wm. Gay, a wholesale and retail drygoods merchant; this offer was made with the understanding that he should be taken as a partner when he became familiar with the business; but the father objected to the business, a great disappointment to the son, who was of a very active business turn of mind. When he was just coming of age, he one day asked his father what time of day he was born; upon receiving the answer, " About two o'clock in the morning," he replied, " Then I will not sleep another night in your house." He soon got a situation on a steamboat plying between Albany and New York. When navigation closed for the season he got a situation in Stamoix Hall, where there was a large dining-room adjoining the ball-room. When there was a ball, he had the entire management of the dining-room, setting and decorating the tables sometimes for three hundred at a sitting. Upon the reopening of navigation, he resumed the steamboat business. He was married October 13, 1836, to Miss Anna Shonts, a farmer's daughter, born near Saratoga Springs, New York. February 1 1 , 1838, he bought out his brother, who was a grocer. This business he conducted until the close of 1848. In 1845 and 1846 he draughted and superintended the erection of a block of buildings for Mrs. Dudley, who donated the Dudley Observatory to the city of Albany. During this time he made a mold for running cornice, of an entirely new plan, by the use of which over two-thirds of the material was saved, as used by the old style of mold. This new mold was in time adopted all over the United States. Had he taken out a patent on it, he would probably have made a large for- tune. At the same time that he was engaged in this work, he had three large stores in different parts of the city, employing six clerks during the busy season, yet doing all the buying himself When he concluded to come to California, he spent an entire year settling his large business. He sailed on the steamer CAw, February 15, 1850, taking a steerage passage, as he said, to harden him for the expected rough experi- ence of California. The passage was very severe, making the passengers extremely sick. Fortunately he had taken the wise precaution to put his system in good condition before embarking, so that he experienced little suffering. He therefore offered his services to the physician in taking care of the steerage passengers. His offer was gladly accepted, and he did good service, which was so well appreciated that the second day out he got a state-room, and took his meals at the captain's table. Being of a social disposition he soon won the good-will of the cabin passengers, and was treated by the officers as one of their number. At Havana he was invited to go ashore with them. At Chagres they engaged small boats to convey them to Gorgona, and pack-mules from there to Panama. Detained there a month they reached San Francisco April 29, 1850. He had shipped goods on the ship Solon, which ran afoul of a rock in the Magellan Straits, and much of her cargo was thrown overboard^ and the remainder taken from the sinking vessel to a French bark and brought to San Fran- cisco. He tried mining for two months, but was not successful. After this he engaged on a steamboat plying between San Francisco and Sacramento. This seemed his favorite and proper business. He received the income of the table and berths, mak- ing a profit the first four months of one thousand dollars per month. This run of good-fortune ceasing, he engaged in the same work at a salary. October 10, 185 1, he took passage for Albany, to bring his family to California. Six out of seven of his children were dead, the surviving child, a daughter, was brought to California, May 27, 1852. He again followed steamboating for a time, and then bought the Rhode Island House, succeeding very well until the Corporation ordered a sewer to be run through the street, requiring the building to be raised fifteen feet, when he sold out January 3, 1857, he started with his family for a ranch near Mowry's Landing, Alameda County. He had bought this ranch of a squatter, but it was inside a large mclosure where wild cattle were pastured, and he soon grew tired of the place. He then opened a store at the Landing, and soon established a fine business. As it was very difficult to get out to the stage road and to church in the rainy season, he built a store and dwelling at Washington Corners, where he now resides (June i, 1883). The 930 History ok Alameda County, California. second year after the San Jos^ Branch Railroad was completed, he took the agency at Washington Corners, and also the Wells, Fargo & Co.'s Express, doing the work for two years with entire satisfaction, relinquishing it to enable his only son to become a machinist. March 17, 1873, he was appointed Postmaster, an office he yet holds, administering its duties with the most .scrupulous fidelity. Of his thirteen sons and daughters only three survive at this writing, children who are a pleasure to their parents. His kind-hearted wife, a worthy partner, is still apparently in the best of health, her motherly face, a familiar feature in the village post-office. Mr. Mack in person is of medium height, slender, and still active as a boy. Age does not seem to dim his eye or make his step less elastic, and at the age of seventy-one his cheery voice and quick movements are the remark of his friends, and the best of arguments in favor of a busy life with temperate habits. He is a kind father and husband, and his house is a happy home. In all public affairs he is among the readiest to take up his share of the burden. On public holidays he is the first to fling the banner of his country to the breeze. He is a village social and business factor, thoroughly identi- fied with all the local interests. Just and exact in his dealings; genial and kindly in his feelings; he is a good representative American, one of the thousands of whom our country may be proud, and to whom we may look in confidence that her institutions will be sustained. A portrait of this gentleman will be found in the following pages. Frederick Malley. — Was born in Prussia March 23, 1842, where he resided until the spring of 1866, there learning the boot and shoe maker's trade, and following it in his native land until that time. He served in the Fifteenth Infantry for three years, and through the campaign of 1864 against Denmark, when he sailed from Bremerhaven for the United States. After passing a few weeks in the city of New York, he proceeded to Philadelphia, but shortly afterwards moved to New Jersey, and located at Egg Harbor City, Atlantic County. At the end of four months he changed his residence to Buffalo, New York, where he stayed twelve months, and then took up his abode in Boston until February, 1868. At that date he sailed for San Francisco via Panama, where he arrived April i, 1868, and engaged in the shoe making business until the fall of the same year. In the month of October he located in Dubhn, Alameda County, and engaged in his proper calling, continuing it until December 27, 1869, when he came to Livermore, and commenced a boot and shoe- making business in Laddsville. After the fire of October, 1 87 1 he removed to Livermore proper, where he continued in the same business. In the fall of 1881 he built the three storied edifice known as Malley's Building, where he now carries on his business, which of late years has been very much enlarged — carrying a large stock of fancy goods and doing a prosperous trade, Mr. Malley married, August, 9, 1868, Miss Minnie Strecker, a native of Germany, and has four children: Matilda M., George W., Frederick A., and William. He is one of the oldest and best known business men in this section. I. N. Mark, M. D.— The subject of this sketch was born in Ross County, Ohio, December 26, A. D. 1822, making him now just sixty years of age. He is so well preserved that he looks to be about fifty. He is remarkably hale and hearty, weighing usually two hundred and forty pounds, measuring six feet five inches in height, and well proportioned. When about ten years of age his family moved to Favette County, Ohio, near the flourishing town of Washington. Here he grew to manhood. About the age of fifteen he showed a wonderful taste for books. He bought all of them he was able to, and borrowed all he could, and read all the spare time he had. He went from home and studied all the branches taught in the public schools at that period. He then returned home and commenced teaching. He showed so much tact in managing his schools and imparting instruction, that he was requested to open a select school in Washington, which he did, and taught for some time with great accept- ability. It was while teaching this school he began to exhibit considerable talent as a public s-cakcr He was often called upon to address the people upon a variety of Biographical Sketches. 931 subjects. He generally acquitted himself honorably. When he was about eighteen years of age he was persuaded to join the Annual Conference of the M. E. Church. He immediately entered upon the arduous duties of a clergyman, and was sent his first year to Wilmington, Clinton County, Ohio. Here he had a large congregation of very intelligent people to provide for. Being young, he had to apply himself by night and day, but having an excellent constitution, he stood it well, and the year closed honorably. He then traveled and preached five years more, filling excellent appointments, the last of which was at Athens, Ohio. Here he labored so hard and preached so much that he contracted a sore throat, which compelled him to retire from the regular work of the ministry. About that time he was married to the daughter of Judge D. McLain, of Washington, Fayette County, Ohio. The union was a happy one. That was in the year 1849. The Judge was a man of great wealth. Soon after this happy marriage the Doctor turned his whole attention to medicine. In the fall of 1850 he went to Columbus, Ohio, and connected himself with the Starling Medical College. Here he made such rapid advancement that he was urged by some of the faculty to remain in the school and become one of the professors; however, he thought best to decline. He came back to Washington, continuing to pursue his studies until September; he then moved to Stanton, Ohio, a beautiful town about four miles from Washington. In just two weeks from the day he comnienced keeping house his beautiful young wife sickened, and in one week more she died. So sudden and unexpected was the shock that for a time the Doctor was almost paralyzed. She left a little daughter some five months old. What to do he scarcely knew. Stay there he would not. As soon as he had provided a home for his child he left the home of her birth, and never after returned, because, he said, he could not bear to see the place where he had enjoyed so much happiness, and also where he had suffered so much grief It was a fearful struggle, but no doubt it was for the best, as his subse- quent history will prove. In the spring of 1851 the Doctor settled in Houston, Ohio, and immediately entered on the practice of his profession. For ten years he worked hard, but during that period, say in the year 1853, he became acquainted with the youngest daughter of Judge W. W. Cecil, who resided on a farm near where he practiced. The friendship soon culminated in a matter of love; so December 15, 1853, the Doctor and Miss Annie Cecil were married, the next day after she was eighteen. The union was a happy one. Mrs. Mark is still living, beloved by every one who becomes acquainted with her. She still shows marks of her former beauty, although she is now forty-seven years of age, and has suffered ' for years with that incurable disease, asthma. In the spring of 1861, owing to that fearful malady, the Doctor and his family started across the plains for California. Leaving St. Joseph, Missouri, on the 8th of May, 1861, they landed at lone City on the 24th of Septem- ber quite a trip with a sick wife. What is remarkable, Mrs. Mark had not an honr s sickness on the plains— asthma all gone, and for some years after that long, tedious trip she showed no signs of it. Shortly after his arrival in the State he made a trip to Sacramento, and while there found the Conference of the M. E. Church in session. He was prevailed upon to become a member of that body, which he did, and for three years went back to his old profession. He labored very acceptably in Campo Seco, Columbia, and Centreville, in this county. In all these places he made many warm friends At the expiration of his term at Centreville he went back to the practice ot his profession, and in the spring of 1865 he came to Pleasanton, where he has remained ever since. The Doctor has built a nice home, where he has ever been ready to wait on the public. There is one thing to be observed, that he is a close s udent,- and keeps himself well posted in his profession. He has not accumulated wealth, tor that is not his nature. His hand and heart are always open to help the poor and sut- ferine- he turns no one away from his office that applies to him for medicine or med- ical advice. He has got hundreds of dollars on his books he never expects to collect. There is another thing to his credit, he is strictly temperate. He keeps mm- 932 History of Alameda County, California. self away from bar-rooms; and when he returns from his professional calls he applies himself closely to his books, of which he has an excellent collection. As an evidence of the esteem of the neighborhood in which he has lived so long, he has filled the office of Justice of the Peace, when his present term has been completed, thirteen years. It is well known, however insignificant the office may appear, that it is rather a difficult position to fill. It is not certain that any other man in Alameda County has occupied that position as long as the Doctor. There are some peculiar traits about him different from those of the majority of our officials. He ever tries to discourage litigation. If people get into a lawsuit, he is not to blame. His advice is invari- ably to settle, to keep out of law. There is little doubt that he has saved Alameda County hundreds of dollars. The District Attorney (and who has a better chance to know ?) says the Doctor has caused him less trouble and cost the county less money than any other Justice in it. All his decisions lean to the side of mercy. If any one deserves the name of Justice of the Peace, he certainly does. Now, this biography would hardly be complete if a few more items were not added. As a citizen, a parent, a husband, the Doctor has but few superiors. He is a man of strong convictions. You never hear him advocate any skeptical notions. He believes the religion of his fathers is good enough for him, and, until he is shown something better, he will adhere to that. He always, by theory and practice, encourages good morals. He thinks life is too short to fritter away on vain speculations and Utopian ideas. While at present and for years he has not been connected with any religious organization, he is friendly to all, and from his habits and every-day life, you would not know but what he was a strict church member. The value of such men in a comrrtunity cannot be overestimated. They often silently mold the characters of others. It sometimes appears to the writer of this short sketch that Providence has something to do in determining the location of indi- viduals. It would not do to place all the best men in. one community. The Doctor has five children living — four in this State, and one daughter in Washington, Fayette County, Ohio: Helena Elizabeth, born April 7, 1850; Sallie W., married to J. A. Rose, residing at Pleasanton, and born April 29, 1857; W. C, born August 11, 1862, now living in Sacramento; Frank C, born November 14, 1864; Cecil, born November 14, 1867. The Doctor's children are all very much attached to their father. Only a few days ago his son Willie, now living in Sacramento, in a letter to him, wrote the following language contrasting his life with others: " When your time comes to go, a feeling of peace and contentment ought to rest with you, for you have lived an upright life and done your best for us all." This tender language discloses a kindly feeling between father and son. It is worthy of imitation. Children usually cannot bestow too much honor on their parents. There are many other incidents connected with the history of the Doctor that had to be left out for the want of space. His portrait appears in this work, and the Doctor supplied this sketch. Earl Marshall (deceased). — The subject of this sketch, whose portrait appears in this work, was born in Burlington County, New Jersey, in the month of December, 1799. There he resided until the year 1836, when he moved to Pennsylvania, and engaged in teaming in Philadelphia for some time. He was afterwards a sexton in Monument Cemetery in that city. In 1846 he came to California around Cape Horn, on the ship Brooklyn, arriving on the 31st of July, and in the spring of 1847 he proceeded to Mission San Josd, and there, purchasing some milch cows, sold the lacteal fluid at twenty-five cents per quart. After the discovery of gold Mr.' Marshall did a large trade in butter and milk with the mines, until the year 1850, when he settled on the present place and erected the house now occupied by his widow, where he died June 7, 1881. He married, September 11, 1828, Miss Letitia Dorsey, who was bornm New Jersey, December.!, 1799, and had no issue. Phineas F. Marston.— The subject of this sketch, whose portrait appears in this work, was born m Danville (now Auburn), Maine, February 10, 18 13, and is the Biographical Sketches. 933 son of Simon and Mary (Frast) Marston. During the first twenty years of his life, he resided under the family roof-tree, passing his winters learning the carpenter's trade, and his summers working on the farm. In 1833 he proceeded to Bangor, Maine, where he obtained employment as a journeyman carpenter, and remained until 1838, when, on account of a panic, he moved with his chest of tools to Brunswick, in the same State. Here he found work in putting together a house of worship to be erected at Waldoborough, to which place he proceeded to aid in its construction. Returning, on its completion, to Brunswick, he completed the "shop-work" for another such structure to be put up at Rockland, on Penobscot Bay, after which he made Holton his headquarters, and there assisted in building the Hancock Barracks. Our subject next erected a flour-mill for Shepard Gary, whence, at the instigation of Cap- tain Babbett, he was placed in charge of a gang of thirty men, to erect the Commissary Buildings and general Infantry Barracks. We next find erected a very elaborate dwelling for Mr. Winslow, High Sheriff, at Woodstock, after which he was employed on the erection of barracks at Fort Kent, on Fish River, near Madawaska. Having completed these various undertakings, Mr. Marston returned to Bangor, where he was variously engaged in his own professional sphere. Subsequently embarking in a gro- cery business, he thus was occupied for two years, when he was called upon to erect the new railroad buildings at Bangor, for the Penobscot and Kennebec Railroad Com- pany, that being the first depot of any importance in the town. He also superin- tended the construction of the Unitarian church in that place. He continued in that class of employment until 1858, when he decided to try the Pacific Coast. Making the trip by way of the Isthmus of Panama, in the steamers Star of the West on the Atlantic and Golden Gate on the Pacific side, on arrival in San Francisco, with his wife and four children, he at once commenced erecting houses for himself in that city, in company with his brother, Sylvanus B. Marston. His old friend. Colonel Babbett, was at this time at the Presidio; he therefore at once placed our subject — knowing what manner of man he was — in the responsible position of superintendent of con- struction of the barracks which were then being erected at that post, at Black Point, and at Angel Island. This occupation lasted three years. On its expiration he was called upon by Colonel R. S. Williams, Light-house engineer, to assume the superin- tendence of buildings in connection with this department. The first of these to be constructed was in Washington Territory, on the sand-spit at Point Angelis. Mr. Marston was next engaged in such work on the coast and on Puget Sound; then he superintended the building of the light-house and fog-signals on Point Reyes, after- wards performing the like duties at Pigeon Point, at the same time building the' dwell- ing-house and fog-signal station on Point Ano Nuevo Island. In 1874 he erected a dwelling and fog-signal at Point Montara. In 1867 he took up his residence at Fruit Vale, Brooklyn Township, Alameda County, where he embarked in fruit-culture, at which place- he has since resided. Married, in 1840, Miss Susan E. Fisher, who died in 1864. By that union he has: Frank A., Cordelia, Harriet, and Phineas. Married secondly, in 1865, Mrs. Mary F. Pray, by whom there is no issue. We cannot close this brief narrative of a long and active life without testifying to the sterling worth of its subject. During his lengthy employment on government works he was no con- tractor but merely received a monthly moiety as a reward for close application. His unflinching honesty has placed him at a green old age in the enjoyment of well- earned comfort. , . , , , ^ -u TOHN Mathews (deceased).— The subject of this sketch, whose portrait appears in this work, was born in County Meath, Ireland, on the 27th June, 1-8 17, where he resided until he was thirty years of age. In June, 1847, having married Miss Anna McEvoy, he came to the United States, settling in Boston, Massachusetts, and there remained for six years and a half In 1854 he set sail for California, and in Novem- ber of the same year, located on the place where his widow now resides purchasing a uatter's title," where he lived until his' death, on August 21, 1882. Possessed of a "squatter! 934 History of Alameda County, California. broad mind and excellent judgment, every movement he made added to his gains, until at the close of his life he had a very large competency, consisting of an estate of between seven and eight hundred acres of some of the finest land in Alameda County, besides property in the city of San Francisco, It can truly be said of Mr. Mathews that in life he was a man appreciated by his fellow-citizens for his integrity of charac- ter, while in death he is mourned as the kind husband and father. He left a family of five children, viz.: John, Mary, Sarah, Katie, and Peter. Peter Mathews (deceased). — The subject of this sketch, whose portrait appears in this work, was born in County Meath, Ireland, in the year 1821. This county is known by the name of Royal Meath, it having been the seat of the kings of his- toric Tara. Here Mr. Mathews spent his youth, under the care and guidance of good, industrious parents, who shaped the conscience of the child in virtue and that pure simplicity of faith which characterized him in after life as a man. Scarcely had he attained the age of responsible boyhood, when he showed a tact and aptitude for business, especially that business so peculiar to County Meath. He thought at even an early age that he should go out and do for himself. He went into the cattle business, trading between Ireland and Great Britain, until he left Ireland for America, in 1849. He spent nine months in Salem, Massachusetts, and then, following the train of his business thoughts, moved West, coming to California direct, and then on to the mines in 1850, where the flush of business invited him. Four years he spent in the mines, moving hither and thither to grasp more surely the proverbial fortune of the gold regions of California. Not being as successful here as his quick mind suggested he ought to be, he came down from the mountain regions to the Sacramento Valley, and here he engaged in the more congenial occupation of stock-raising. This was more profitable by far, and he continued at this until 1856, when opportunity offered to again vary his pursuit in business life, and so he came to Alameda County, and engaged in farming in Oakland Township. For nearly twenty years he ran most successfully here, and made considerable wealth — so much so that in 1875, when he went into mining stock speculation, few men in Alameda County could count more tens of thou- sands of cash in gold, not to speak of his real estate. He was identified with some of Oakland's banks, and many business enterprises. In 1875 his investments in stocks yielded a great deal of money, until he was one of the most wealthy; but later years, and declining stocks reversed the tables a good deal, as was the case with, alas! too many others. At no time was Peter Mathews other than a rich man since his arrival in Oakland until his death. He was a worthy citizen, a good neighbor, and true to every social, civil, and religious principle. The subject of our sketch married in 1854, Miss Mary Dunnigan, whom he left a widow by his much mourned death, at his resi- dence on San Pablo Avenue, on the 20th day of January, 1879. He left to his good wife all his property, consisting chiefly of the home farm of two hundred acres on San Pablo Avenue, in Oakland, as well as a farm in Santa Ynez, Santa Barbara County; several houses and lots in Oakland, many thousands of dollars in stocks, promissory notes, etc. Although he carried an immense load of mining stocks, still he raised mortgages to go heavier into them to retrieve his losses; and so when he died his widow found many entanglements, all of which, by close business habits, prudence, and economy, aided by the industry of her children, she has, it may be said, cleared! without losing ten thousand dollars worth of the original property bequeathed by her husband. Mr. Mathews left behind him a name for honesty, industry, and truth. Eight children survive their good father, their names being: Mary Alice', Charles E Peter A., John L., Annie E., Joseph W., Teresa C, and Francis E. The favor in which the memory of the esteemed father is held by the community of his acquaintance bids God's speech to his children, and makes every one pleased to learn that the good widowed mother is linking the present with the original financial successes of her hus- band, in her beautiful home on San Pablo Avenue. The name of Peter Mathews has already an honored place on the historic records of Alameda County and hence the Biographical Sketches. 935 biographer and compiler of this history has no apology to offer, except to hope that the universal respect and esteem, mingled with the many regrets that overshadowed his bier, may be the lot of those he left behind him. August May.— Was bom in Hessen, Prussia, May 11, 1831, and there resided until he attained the age of eighteen years, at which time he moved to Bremen, and thence sailing to New York, he there embarked in the butcher business. In the spring of 1852 he took passage on the North America for California, and, coming by way of Cape Horn, arrived in San Francisco in the month of July of that year. He engaged in the butcher's trade there until October 24, 1854, when he came to Alva- rado, Alameda County, and entering into partnership with A. Main, continued in the same business, until 1874. In the mean time he purchased his farm, and to it has added since until at present he owns about one thousand six hundred acres, located in the vicinity of Alvarado and Decoto. In 1876 Mr. May paid a visit to the Centennial Exposition at Philadelphia, and since his return to the Pacific Coast, has been living in Alvarado (his property being leased) on the fruits of a well-spent life. Married, September 27, 1862, Miss Sophia Platte, a native of Germany, and has four children, viz.: George, August, Jr., Bertha, and Henry. George May. — Was born in County Derry," Ireland, in the year 1819, and at eighteen years of age emigrated from Belfast to the United States, but suffering ship- wreck on the voyage was landed in New Brunswick, whence he sailed for Quebec, and remained there a few months. He then proceeded to Michigan, and after a short time went to Cincinnati, Ohio, where he resided until leaving for California. He left Cincinnati on December 19, 1848, and New Orleans January 16, 1849, in the bark Florida. He crossed the Isthmus, and taking passage in the brig Belfast on the Pacific side landed in San Francisco May 15, 1849, and two months thereafter went to the mines, but not being very prosperous there he abandoned that enterprise, and returning to the Bay City proceeded to the Moraga redwoods, where he worked for five months. He then for the next three years occupied his time between the mines and San Francisco, until he was joined by his family, when he embarked in farming operations in Castro Valley, now Alameda County, on the property now owned by the Atherton estate, and there remained ten years. In May, 1864, he purchased his present valuable farm, consisting of three hundred and sixteen acres in the Livermore Valley, about two miles east from the town, where he has since maintained his domi- cile, owning several other tracts of land besides. Married in Cincinnati, 1840, Miss T. C. Botton, a native of England, and has nine children, viz., Annie (now Mrs. G. F. Bangs), Mary (now Mrs. McNeil), Laura (now Mrs. I. Horton), Isabel May, Wash- ington G., Emmie, Joseph, Lillie, and Ada. Hugh Bernard McAvoy. — Was born in Cambria County, Pennsylvania, Janu- ary 22, 1853, and is the son of Bernard and Isabell (Gallagher) McAvoy. He came to California with his parents in 1858 and resided in Alameda County until he attained the age of fourteen years, when he moved to San Francisco and attended St. Mary's College, from which he graduated in 1870. He then entered the undertaking estab- lishment of Flannagan & Gallagher in that city, where he remained until April 11, 1875, when he opened his business at No. 873 Washington Street, Oakland. Frederick P. McFeely. — Was born in Toronto, Ontario, Canada, March 22, 1840, and is the son of Edward and Susan (McCloskey) McFeely. At the age of eleven years he accompanied his parents to Erie County, New York, and at the proper age commenced serving his time as a machinist in the city of Buffalo, where he was employed for several years in Shepherd's Marine Engine Works. Subsequently he proceeded to Middletown, Orange County, where he connected himself with the manufacture of horse-shoe nails. In 1874 he removed to Cortland County, along with the works which had had been transferred to that place, and there resided until coming to California. Mr. McFeely is now located in busi- ness in San Quentin. Married, November 15, i860, Mi.ss Eliza O'Brien, and has six surviving children. 936 History of Alameda County, California. Andrew J. McGovern. — Was born in Albany, New York, October 27, 1852, and there resided until the year 1868. He then sailed from New York to San Francisco, where he arrived December 16, 1868, and first found employment as office- boy in the Second Street House. A short time after, however, he entered the service of G. W. Clark & Co., in the wall-paper business, and there continued for seven years. He then came to Oakland and commenced his present establishment at No. 11 57 Broadway, under the style of Van Amburgh & McGovern. At the end of ten months, however, he purchased the interest of his partner, and a few months later associated himself with James Cahill, and in December, 1881, opened his extensive premises, No. 1060 Broadway, under the firm name of McGovern & Cihill, dealers in carpets, paper- hangings, window-shades, etc. Married, in 1879, Miss Mary Carey, and has two children, viz.: Francis Andrew and Genevieve. Peter McKeany. — The subject of this sketch, and a well-known business man of Livermore is a native of Ireland, where he resided until about seventeen years of age. He then concluded to seek his fortune in the land of the free, and consequently came to America, spending the first five years of his residence in the United States in Boston. He then concluded to -come to California. Coming via Aspinwall and Panama, he arrived in San Francisco April 14, 1859. Staying but a short time in the metropolis, he went to San Josd, Santa Clara County, where he found employment in a hotel until in 1862, when he returned to Europe, and after a residence of four years abroad he again returned to America and to the Golden State, this time locating at San Jose Mission, and embarking in farming until 1871, when he moved to the then young town of Livermore and opened a meat market in the building now occupied- by Church & Scott's drug-store. Three years later he purchased his present property on Union Street, opposite the Livermore Hotel, where he is engaged in the general butcher and stock business. Mr. McKeany is married and has three children, Maggie, Grace, and Kittie. Andrew J. McLeod. — Was born in Gallia County, Ohio, January 5, 1837, where he was educated, and resided until he attained the age of seventeen years, he, however, having had the misfortune to lose both his parents when very young. At the above epoch he started with his uncle L. P. Gates, for the Pacific Slope.. May 2, 1854, they crossed the Missouri River, and commenced the arduous undertaking of crossing the plains with ox-teams. After many difficulties they arrived at Mission San Jose in the month of October of that year. Our subject now engaged in farming near where the town of Centreville stands, where he remained three years, until compelled to take a year's relaxation on account of ill health. Mr. McLeod next went into business in Centreville for six months, when he became proprietor of the American Exchange Hotel there, and conducted it until 1866, at which time he sold out, moved to Washington Corners and built the Union Hotel, now kept by Mr. Brown, in that place. Six months afterwards, disposing of this hostelry, he returned to Centreville and embarked in the livery business, which he sold at the end of one year. A twelve- month later Mr. McLeod moved to Livermore, pre-empted a portion of the land on which the town now stands, known as the McLeod Addition, and there in the fall of 1869, engaged in a general mercantile business with Henry Meyers, under the firm name of Meyers & McLeod, in the structure known as the Bank Exchange Building, recently burned down, this being the first store started within the corporate limits of the town of Livermore, but outside of Laddsville. At the end of two years Mr. Meyers sold his interest to Mr. Anspacher, the firm now becoming Anspacher & McLeod, and two years after the interest of the first named was purchased by our subject, who then took into the business George C. Stanley, who in turn closed out m 1877. Mr. McLeod was appointed postmaster of the town of Livermore, in 1869 and held the office until January, 1882, while he has also been Assessor of Murray Township, to which position he was elected in 1879, 1880, and 1882, and holds that office at the present time. Married, .in Centreville, November, 1859, Miss Delia Foley, a native of Ireland, and has: Norman, Mamie, Colin, Annie, and Leah Biographical Sketches. 937 Philip H. McVicar. — Was born in Nova Scotia, July 7, 1857, and there resided until the year 1875, when he came to California.^ In March, 1882, he purchased from P. C. Heslep, the blacksmith shop and woodwork department, located on Railroad Avenue, Livermore, where he carries on a large business in every branch of his trade. Is married and has one child. William Meek (deceased). — This gentleman, whose portrait appears in this work, was the model farmer of Alameda County. His residence was at San Lorenzo, and his ranch extended towards Haywards more than three miles. He left Van Buren County, Iowa, on the first day of April, 1847, and crossed overland to Oregon City, where he arrived on the 9th day of September, the same year, with a large party of immigrants. Among Mr. Meek's effects was a wagon loaded with fruit-trees and seeds. This constituted the first lot of graft^ed fruit-trees on the Pacific Coast. There were seedlings already in the country, introduced by the Hudson's Bay Company. Locating at the town of Milwaukee, on the Willamette River, five miles from Portland, he went into the nursery business in June 1848, with H. Lewelling, whom he had known in Iowa. In the fall of 1848, he went to the California gold-mines with an ox- team, and remained till the following May. The party he came to California with, made the first wagon track from Oregon to California, passing through the Modoc country, and skirting its lava-beds. On his return to Oregon he continued fruit- growing and lumbering till December, 1859. That year he sold out in Oregon, and removed to San Lorenzo, in Alameda County. His first purchase of land was four hundred acres of H. W. Crabb. This land originally belonged to the Soto grant. He subsequently bought one thousand six hundred acres more, which made two thousand acres. At first he devoted his attention to grain-growing and general farming. He managed his land with skill, and followed a .system of rotation of crops. No man ever bestowed more care and attention on his land, or experimented more successfully. He built a water-reservoir in the foot-hills, about three and a half miles from his home, the water is conducted in pipes through his lands for irrigation, and general purposes. Mr. Meek was elected County Supervisor for four terms, com- mencing in 1862. He was a native of Ohio, and had reached his sixty-fifth year at the time of his death. He left a wife and five children, one of whom is married. Martin Mendenhall. — Was born in Greene County, Ohio, in the year 1828, and there dwelt with his parents until they moved to Cass County, Michigan, in .1834. Here he resided and worked on his father's farm. until March S, 1849, when he started for California with ox-teams by way of the plains, arriving in Sacramento on the 9th September of the same year.. Here meeting his brother William M. Mendenhall, they moved together to the Santa Clara Valley, where they stayed until March, 1850. Our subject now started for the mines at Chinese Camp, near Sonora, Tuolumne County, ' and after laboring there four months left in disgust to rejoin his brother in Santa Clara. At this period Mr. Mendenhall went into raising and trading cattle. In the fall of 1852, he returned to Michigan, but the following March saw him once more on the way across the plains to the land of gold, accompanied by his newly made bride. They arrived in Santa Clara about the middle of September, 1853, and our subject resumed his former occupation of stock-raising. In 1854 Mr. Mendenhall moved to San Ramon Valley, Contra Costa County, where he engaged m agricultural and pastoral pursuits for eleven years, at the end of which protracted term he sold out and came to his present place in Livermore Valley, where he rears excellent horses and cattle and raises good crops. In February, 1853, he married Miss Malvina Dolora Knapp, by whom he has had a family of five children, only three of whom survive, viz.: Clara, Julia, and Dora. ^ ^ ,.r • u William M. Mendenhall.— This veritable pioneer of California, whose por- trait appropriately finds a place in the "History of Alameda County," was born in Greene County, Ohio, April 22, 1823, and is the son of William and Sarah (Peterson) Mendenhall. His forefathers were English, and came to this country with the famous 60 938 History of Alameda County, California. William Penn, to whom was granted what are now the States of Pennsylvania and Delaware, in the year 1681; the ancestry of his mother was German. The father of our subject was born in the year 1794, m Tennessee, and died December 19, 1870, while his mother, who is now eighty-four years old, is with her son, Martin Menden- hall near Livermore, having passed, by fourteen years, man's allotted span of three- score years and ten. The spot where William M. Mendenhall first saw the light was within five miles of the little town of Zeno, and there he passed the first seven years of his existence, being surrounded by all of nature's most natural charms, and even at that tender age, brought up to feel upon self-reliance as the foremost mstmct. In October, 1831, his family moved to the Territory of Michigan, then a wilderness com- posed of dense forests and virgin prairies. Here the frontiersman's handicraft, was needed- the ground had to be cleared for the receipt of crops, and thus did he become, under the eye of his parent, a practical tiller of the soil. Here he received what education the country then afforded, and resided until he attained the age of twenty- one years,- dividing his time between an agricultural life and the less monotonous one of hunting in the primeval wilds which hemmed him in on every side. But the cry of Westward Ho ! kept ever ringing in his ears; to that cardinal point tended his inclination. To him the untracked wilderness was a home; therefore, when it became known that a company was being formed with the Pacific Coast as its destination, Mr. Mendenhall made up his mind to face the vicissitudes of the journey to the ultima thule of the American continent; consequently on July 3, 1845, leaving St. Joseph, he crossed Lake Michigan to the little town of Chicago, thence by stage and river to St. Louis, Missouri, and onward by steamboat up the Missouri River to Inde- pendence, ten miles west of where, on the bank of Hickory Creek, he pitched his tent, there being with him L. Hastings, N. B. Smith, H. C. Smith, H. Stebbins, H. Downing, and a Mr. Locher, whohad joined him at St. Louis. Remaining here in camp, they essayed to augment the strength of their company with recruits, but these they found difficult to persuade; some of the people had never heard of Cali- fornia — indeed, many doubted the existence of such a place — and were sceptical as to if Mr. Mendenhall and his party knew of that which they spake. On August 17, 1845, the party, consisting of thirteen men all told, broke camp, and at noon had their faces turned towards the Golden West. On the completion of the first hundred miles of the journey, they were stayed by the swollen waters of the Caw River, and how to cross it became the question. But three alternatives were left them — to swim, to wait, or to return; eleven chose the first, and two took the "back track." This stumbling-block overcome, the journey was continued to the South Platte, where one of the number joined a party bi hunters from Fort Laramie, leaving ten of them to pursue their journey of two thousand miles, through an untracked main, and peopled with roaming' bands of hostile Indians. When about two hundred miles west from the Kaw River, cautiously traveling and keeping a sharp lookout the while, an object was observed to their left, between them and the horizon. The question was, what could it be? Some said, the stump of a tree, others ejaculated the dread word, Indians ! When proceeding to ascertain what it actually was, it announced mortality by making signals, and as they halted the figure approached, and proved to be a white man of some five and twenty years of age. He was almost in a state of nature. What had once been a shirt, hung about his body in shreds, while his nether garments were worn to ribbons that hung suspended from his waist, his legs and feet being innocent of protection or cover. Slung from his shoulders was a powder-horn; in his waist-band he carried a knife, while in his hands he bore sorjie frogs. He was too weak and faint from want of food to talk, therefore he was fed. Such was his joy at meeting with members of his own race that it was some time ere he told his tale. It was thus: During the spring of 1845 he had started from civilization with some emigrants bound to Oregon, but when they had got as far as Fort Laramie, he with two others, became discouraged, and turning back homewards, on the third night Biographical Sketches. 939 were attacked by Indians and his companions murdered, while the redskins stole their horses and their guns. How he had escaped was a marvel. He lay concealed in a thicket until the hostiles had taken their departure, and thereafter wandered about, subsisting on frogs that he had caught. At last, after nine days, he found hirnself face to face with his own countrymen. His tale being told, every inducement was offered him to proceed to California, but to no avail; his dejection was complete; he said there was not money enough in the whole United States to induce him to turn westward again. He was furnished with provisions, and left to continue his " wandering woe." He bore the traces of having been a fine-looking man, and was a native of the State of Illinois. His name he gave, as also his father's address, and Mr. Mendenhall, after his arrival in California, informed the latter by letter of the plight in which he had found his son, but never afterwards heard either of the father or the wanderet. Our voyagers now continued on their way, but they had not gone far when all but two of them were attacked with fever and ague, but nothing dis- couraged, they pushed on, traveling by day and keeping guard by night, until they arrived at Fort Laramie, where they had a ten days' rest, and were able to get some other provender than the buffalo-meat and other game on which they had been forced to subsist for some time. Leaving Fort Laramie, they proceeded onwards, and at Fort Hall laid in some groceries at fifty cents per pound — rice, sugar, coffee, etc., all at that one price. After a few days here, our heroes were once more on the route, and tak- ing the old Truckee road to the Humboldt, followed that stream to its sink, where their provisions, which were intended to last them into California, perceptibly dimin- ishing, the party were placed upon rations. Here, too, one of the horses was stolen by Indians, when our subject and Hastings started in pursuit, and about four miles from camp came upon a party of Indians, twenty in number, who this solitary couple compelled to surrender their property. In the interval of their absence, how- ever, the main body had gone forward, leaving Mendenhall and his comrade to camp on the plain, dig a hole wherein to light a fire, and set it ablaze by discharging their rifles into the pile. The next day they started betimes to over- take their companions, and on coming up to their camp about three miles from the Truckee River, found' neither man nor beast in sight. The fact was that the ani- mals had scented the sweet waters of the Truckee at three miles distance and had stampeded thither to slake their parched throats. To both man and beast this clear cold stream gave new life and nerved them all for further trials. Like the "chosen people of God" on Jordan's banks, our party remained for some days on the margin of the Truckee and pondered upon the Israel they had left behind them. Here they enjoyed themselves hunting, fishing, and otherwise, and in one of these excur- sions Messrs. Mendenhall and Hastings discovered the Sink of the Truckee. At the expiration of three or four days, and at the time of breaking camp, they were visited by a party of Indians, who offered their services as guides through the defiles of the Sierra Nevada, but fearing treachery these were made to accompany them for half a day, when they were turned loose. Fortunate was it for them that this precaution was taken, for the hills were full of redskins who were only waiting a signal to put them to death. The journey from the head-waters of the Truckee, was one of extreme hardship and danger, snow being so deep only from five to fifteen miles per day could be accomplished. At the sheet of water now known as Donner Lake, they found they had but four pints of flour remaining, and the country destitute of game._ Press- ing necessity was their companion, therefore, upon consultation, it was determmed that H. C. and N. B. Smith, Hastings, Locher, Downing and Semple should go on ahunt- invhen he concluded to seek his fortune in the Golden State, arriving in San Francisco on the 1 6th of the following June. Mr. Woolley first found employment in Sacramento, and afterwards in San Francisco, until the Centennial year, when he came to Oakland, and in 1880 established his present business. Married in i860 to Miss Mary J. Mellon. J. B. Wyman. — Business manager of the Oakland Times, was born at Olmsted, Cuyahoga County, Ohio, June 12, 1841. Was educated at Baldwin University, Berea, Ohio. He went to Chicago in the spring of 1859, and from that time down to 1877 he was engaged in mercantile pursuits in Chicago, Kansas, and Texas. He came to Oakland in October, 1877, purchased the Oakland Transcript, January 8, 1878, had the name changed to the Oakland Daily Times, which under his able management has gradually grown in importance, until it now fills the first place in the journalism of Alameda County. Watkin William Wynn. — Was born in the west of England, August 27, 1827. At the age of twenty-three years he emigrated to the United States; first settled in Ohio, and resided in the town of Pomeroy, Meigs County, in that State. Engaged in the grocery business until he started for California. On April 9, 1852, he turned westward, to Independence, Missouri, where, joining a train, he crossed the plains, and after many hair-breadth escapes, arrived at Yreka, September 21st of the same year. His first three years' residence in this State were passed in the mines ; he afterwards embarked in the cattle trade, proceeding to Oregon to purchase beeves' and driving them into California. In 1859 he drove a band of steers through the Livermore Valley to Haywards, and settling on the place now owned by David Biographical Sketches. 999 Thomas, better known as the Boomer Ranch, there resided until 1866. In that year he disposed of his property, and took up his residence in Livermore Valley, leasing land for which he paid a sum total of $30,000. In 1881 Mr. Wynn purchased his present farm of three hundred and twenty acres, situated five miles east of the town of Livermore, where he is engaged in general farming. He never married. John Yule. — Was born in Yorkshire, England, November 30, 1845. At a very early age his parents removed to Jo Daviess County, in the northern part of Illinois, where our subject grew up, attending the common schools of the district for two or three months each winter. In the spring of 1862, in company with several of his early acquaintances, Mr. Yule left his father's house, intending to try his fortune in gold mining in Cariboo in British America. Arriving in San Francisco, however, the news from Cariboo was so discouraging that the party separated, some returning home, some going to Washoe, Nevada, and others to Nevada County, in this State. Mr. Yule joined the party going to Nevada County, where a few days after his arrival he obtained work with Messrs. Gregory & Borines, who then owned a large saw-mill among the timber lands, between Nevada City and Red Dog, in Nevada County, where he continued to work until the mill was shut down for the season. The follow- ing winter he obtained employment in the mines at Red Dog, working for the Mallery Brothers at that place, where he continued to work until the following spring, when he transferred the scene of his operations to Plumas County ; there he followed min- ing for several years, meeting with the ups and downs, but principally the downs, and the kindred experiences of a miner's life. Having saved some money, however, and feeling the need of a better education than he then possessed, in the year 1 864 he entered the University of the Pacific, at Santa Clara. After spending some eighteen months in the University he again returned to Plumas County, and engaged in mm- ing. In the fall of 1867 he came to Alameda County, where he engaged in teachmg. In the following year he was elected Principal of the Grammar School at Haywards, which position he held four years, resigning the same to accept the position of Deputy County Clerk, under J. V. B. Goodrich, which position he likewise held under Charles G Reed. While acting as Deputy County Clerk he began reading law, and was admitted to the bar in 1877. In the fall of that year he was elected to the office of Tustice of the Peace of Oakland Township, for a term of two years. In 1880 he was elected Police Judge of the city of Oakland; and in the spring of 1882 Mr Yule was elected City Attorney of Oakland, which office he now holds. Married Miss Sarah S. Beach, a sister of Capt. C. W. Beach, of San Francisco, in 1882. 1000 History of Alameda County, California. ADDENDA. The following biographical sketches were received too late for insertion in their proper places : — Edson Adams. — The subject of this sketch, whose portrait appears in this history, was born in Fairfield County, in the State of Connecticut, on the i8th day of May, 1824. He is a descendant, on the paternal side, of Edward Adams, who settled in New Haven, Connecticut, in 1640, and on the maternal side, of Edward Nash, who settled in Norwalk, Connecticut, in 1654, these ancestors being among the pio- neers of New England. At an early age Mr. Adams engaged in trade, and continued therein until he sailed for California in January, 1849, arriving at San Francisco in July of the same year. In the following September he went to the mines, returned to San Francisco in March, 1850, and proceeded to examine the country around the bay of San Francisco for a suitable point at which to lay out and establish a town; and finally, on the i6th day of May, 1850, he located permanently at a point now known as the foot of Broadway, Oakland. The place was a wilderness, no inhab- itants being then on the Encinal of Temescal, afterwards known as the town of Oakland. Here he located one hundred and sixty acres, then supposed to be public domain. His location lay on either side of the present Broadway, and extended from the Estuary of San Antonio northerly to about where Fourteenth Street now runs. Afterwards Andrew Moon located one hundred and sixty acres on the west, and later came H. W. Carpentier, who located one hundred and sixty acres on the east of Mr. Adams. Others soon followed and located, until the whole coun- try around was occupied by settlers, and so remained in their exclusive possession for years, with a few isolated exceptions. These early settlers of Oakland and vicinity, as a class, were young, intelligent, and energetic. In the latter part of 185 1, Mr. Adams, with Carpentier and Moon, employed Julius Kellersberger and others to sur- vey, lay out, and set the stakes, and make maps and plats (which included the three locations above named) of the town of Oakland. Mr. Adams was elected to fill various offices, and served to the satisfaction of the then residents of Contra Costa and Alameda Counties. A few of these enterprising young men determined on founding a town, possibly a city, and time has proved the wisdom of their foresight, notwithstanding the disadvantages experienced by them during the first few years, on account of the few families then in California, as most of those who came here were either single, or had left their families behind them. The inducements at that time to follow trade and mining, also prevented many who otherwise would have located in Oakland from doing so. The want of proper ferry communications between Oakland and San Francisco was a great drawback to the building up of the town. By great exertions, steamboat owners were induced to make occasional excursions from San Francisco to the proposed town, then called Contra Costa. At last a company was induced to establish ferry communication, at least a round trip a day. The fare at first was a dollar each way, but it was soon reduced to fifty cents each way, with the chances of being detained, by foggy weather, five or six hours on a trip. Mr. Adams has been, and now is, engaged in various enterprises on the Pacific Coast. On May 3, 1855, he was married to Miss Hannah J. Jayne, their issue being Julia P., Edson F, and John C. Adams, Mr. Adams still resides in Oak- land, surrounded by his family. Biographical Sketches. lOOl Rawdon Arnold, M. D.— Was born in Romeo, Michigan, July 4, 1830, and is descended from the good old Puritan stock, his parents being both the offspring of English people, whose genealogy is traced to the days of long ago. Having received his preliminary education in the Armada High School, and the Michigan Normal School, he subsequently, in 1857, graduated from the Medical College of St. Louis, and at once entered upon the practice of his profession in the State of Missouri. In 1864 he embraced Homeopathy, and has since devoted him.self to it, without once regretting the change from Allopathy. In 1871 he came to California, and after practicing with much success in Mary.sville, in 1877, moved to Oregon, located in Portland, and was in practice there till October, 1 881, in which year he returned to California, and settled in Brooklyn, Alameda County. In 1882 Dr. Arnold returned to the East, attended a course of lectures at the Kansas City Hospital Medical Col- lege, and in February, 1883, returned to Oakland, and opened his present office at No. 1068 Broadway, making a specialty of nervous diseases. On the breaking out of the war Dr. Arnold was a resident of Missouri. He lost at the time all his property and had to begin life agaim with nothing. He entered the army, and followed the fortunes of the Federal forces till the close of hostilities. He has been twice married. Firstly, in 1859; and, secondly, in 1870, to Miss Martha A., daughter of Charles Fergusson, of Mexico, Missouri, and has four children, viz.: Edwin M., Charles A., Leona A., Nellie Custer. Solomon M. Babbitt. — Was born in Austinburgh, Ashtabula County, Ohio, August 7, 1824, and is the son of David and Eunice (Curtis) Babbitt. Having been taken by his parents to Saybrook, in the same county, he there resided until 1837, in the spring of which year he accompanied his parents to Naperville, Du Page County, Illinois, where he lost his mother, after whose death he concluded to come to Cali- fornia. Traveling by way of the plains he reached Hangtown, where he engaged in mining for a year, then returned to Illinois, purchased his father's farm and that adjoining, which renting he established himself in business in Algonquin, McHenry County, in the same State, and during the Rebellion served ^is United States Marshal there. He now added the lumber trade to his other affairs, and followed it until 1869, when he moved to Elgin, Kane County; but in November, 1874, once more came, to California, bringing his wife and family with him. Locating in Oakland, he estab- lished himself as a wholesale commission merchant, and is now the senior partner in the firm of Babbitt, Manuel & Gilpin, at No. 471 Eleventh Street. Mr.. Babbitt was elected to the City Council of Oakland for the Second Ward, in March, 1883. Married, in Naperville, Miss Lucinda Balch, and has two children, viz.: Mary (now Mrs. Z. T. Gilpin), and Hattie. Samuel K. Ha.SSINGER.— Was born in Newark, New Ca.stle County, Delaware, April 27 1826 where he resided until he reached the age of twenty-two years, his boy- hood having been passed on his father's farm. He then learned the carpenter's trade and followed it until 1849. In the month of March of that year he emigrated with his wife and family to Marion County, Missouri, where, working at his trade, and farm- ine he resided three years. In April, 1852, accompanied by his wife, he started with ox teams across the plains to California, arriving at Stockton six months afterwards. Here Mr Hassinger located for about three years and a half, subsequently removing to where'now is the town of Copperopolis, and there engaged in mining for about a vppr at the end of which he transferred the field of his operations to Knights herry, Jhere mining also. While a resident of this place, in 1857. he held the office of Justice nf the PeacI being afterwards Deputy Sheriff. In 1862 he left the place for San Francisco and followed his trade until 1867, when he came to Oakland, where he now reside Mr. Hassinger has filled the office of Deputy Towiiship Assessor under he administrations of Messrs. Whetcher and Robinson, and in October, 1881, was elected L the posft on of Sanitary Inspector of the Health Office, which he held for eighteen r^onths^HLs present residence, No. 611 Seventeenth Street, he built in 1872. m «r