USA > California > Alameda County > Alameda > Directory of the township and city of Oakland : together with the townships of Brooklyn and Alameda, for the year 1869 > Part 5
USA > California > Alameda County > Brooklyn > Directory of the township and city of Oakland : together with the townships of Brooklyn and Alameda, for the year 1869 > Part 5
USA > California > Alameda County > Oakland > Directory of the township and city of Oakland : together with the townships of Brooklyn and Alameda, for the year 1869 > Part 5
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16 ALEXANDER H. YOUNG, TO J. C. HAYES, et al.
To the same effect as Nos. 14 and 15.
The title to the different lots and blocks in the City of Oak- land is to be traced to the partition deeds, and can be traced thence to the Mexican Government.
.. .
OAKLAND CITY --- PAST AND PRESENT.
On the fourth day of May, eighteen hundred and fifty-two, when the land upon which the present City of Oakland is sit- uated was under the jurisdiction of Contra Costa County, an Act incorporating the Town of Oakland was approved by the Governor of the State, and on that day commenced the corpor- ate existence of what the present generation is likely to see developed into the most important city bordering upon the Pacific Ocean; the western terminus of the Pacific Railroad, the greatest work of this or any other age.
The Act incorporating the Town of Oakland was brief, and its provisions were few. A Board of Trustees, consisting of five members, was created; and in this Board was vested power to use the property of the town in whatever way would best pro- mote its interests. The property then at their disposal was the extensive water front surrounding the city, which was at the same time granted to it by the Legislature and owned by the corporation. The narrative of this property from that day until the present time would form one of the most interesting chapters in the history of California litigation that could be written ; but the restricted limits of a Directory forbid anything more than a faint outline. In this and other matters of the past we must be brief. Our business is to lay before the public facts that are of present interest and importance, rather than amuse, and perhaps instruct, by narrating events that have long since transpired. There is wanted a comprehensive history of our city : its annals are still unrecorded. When impartially written,
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they will constitute a work of the greatest local importance and interest.
Previous to the passage of the first Charter, A. J. Moon, Edson Adams and Horace W. Carpentier had settled upon the land now occupied by the city, made a map of the eastern por- tion, and in accordance with its lines sold lots and blocks, giving quitelaim deeds, transferring their right, title and interest. They erected the first buildings, and were in point of fact the founders of the city. A small population had been attracted. - here, sufficient to require a town government.
The Board of Trustees first elected consisted of A. W. Barrell, A. J. Moon, Edson Adams, A. Marier and A. Staples. Mr. Marier was elected President of the Board, and A. S. Hurlbutt was appointed Secretary. May seventeenth, eighteen hundred and fifty-two, Mr. Barrell introduced a bill or ordi- nance for the "disposal of the water front belonging to the Town of Oakland, and to provide for the construction of wharves," which was unanimously passed. The ordinance granted unto H. W. Carpentier, his heirs and assigns, the use of the water front for thirty-seven years, with the exclusive right to ereet wharves and doeks and collect tolls and wharfage. In consideration of these privileges, he was to build three wharves and a school house. By subsequent action the title was vested in him forever. The deed to the property, under the ordinance of May seventeenth, and an agreement between the contracting parties, was duly signed and executed. December thirtieth, what is now termed Broadway wharf was completed, and an ordinance approving and accepting the work was passed by a unanimous vote. July twelfth, eighteen hundred and fifty- three, the Board of Trustees received a communication from Mr. Carpentier giving official notice that he had built a "sub- stantial, elegant and commodious school house," and that a free school was at the time maintained at his own expense. He delivered to the Board a conveyance of the house and a deed to the lot on which it stood, the corner of Fourth and Clay streets.
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August sixth, eighteen hundred and fifty-three, the Board adopted an official seal, and the City Council, at a subsequent date, adopted the same, substituting the words "City of Oak- land " for "Town of Oakland."
August twenty-seventh, Mr. Carpentier notified the Board that in pursuance of his contract with the city he had expended about twenty thousand dollars on wharves, and that he was pre- pared to make further outlay, but deemed it unnecessary. At the same time he proposed to abandon the collection of wharf- age, provided the Board of Trustees would undertake to perpet- ually keep all the wharves in good order and repair. The proposition was not accepted by the Board.
At this time there was a demand on the part of many of the people that the water front property should be recovered from Carpentier by legal process, the action of the Board of Trustees having been denounced and considered by many to be illegal, if not dishonest. The popular element was not represented until after the incorporation of the city and the election of the second Council, under the Charter of eighteen hundred and fifty-four.
The corporate existence of the City of Oakland began March twenty-fifth, eighteen hundred and fifty-four, at which date an Act incorporating the city was approved by the Gov- ernor. At the election for corporate officers, held immediately thereafter, three hundred and sixty-eight votes were cast, and the following officers were elected : Mayor, H. W. Carpentier; City Marshal. John Hogan ; City Clerk, J. R. Dunglingson ; Assessor, J. S. Tubbs; Councilmen-E. Gallagher, A. D. Eames, J. Kelsey, Geo. M. Blake, W. C. Josselyn, A. Marier. This Council had before it the important work of passing the first ordinances for a city rising in importance and having before it a future then deemed most bright and promising.
April ninth, eighteen hundred and fifty-four, the first mes- sage of the Mayor, II. W. Carpentier, was transmitted to the Council, and is the most comprehensive document of the kind recorded in the archives of the city. After dwelling at great length upon the local legislation which should be taken, and
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making many suggestions and recommendations, he glances at the future of the city, and seems to have correctly divined it, as can be seen from the following remarkable passage, which we copy from the minute book for the year eighteen hundred and fifty-four.
" The attention of capitalists in Eastern cities and of men connected with the several schemes for the construction of an Atlantic and Pacific Railroad is being strongly directed toward Oakland as the Pacific terminus and depot of the road, and hydrographic surveys, recently made, prove that the margin of the basin easterly from Yerba Buena Island, within the limits of the city, would be admirably adapted to that purpose. With the expenditure of a small sum in removing obstructions from its harbor, the commercial capabilities and advantages of Oak- land would equal those of any town in the State. While the San Antonio Inlet, with its ever-placid waters, running through the whole extent of the city, would give anchorage to hundreds of sails of small vessels ; the deep waters of the Bay of San Francisco at its north side affords a safe and commodious harbor for the largest merchantmen.
" The distance from Oakland to San Jose is less than forty miles, through a rich valley, the natural grade of which is so perfect that a railroad might be built in a straight line between the two places, with scarcely a rod of artificial grading. To Stockton, the distance by land is little over one-third of the dis- tance by water. By a pass through the Contra Costa Moun- tains, a little to the southward, and by another pass in the Monte Diablo range, in the direct route, a railroad can be easily constructed between Stockton and this place, which would be- come the great thoroughfare for travel and the common carrier of merchandise to the rich valleys which skirt the Tulare Lake and to the Southern Mines."
This message was published in a newspaper at that early day, issued in this city, the " Alameda Express."
The earlier Councils of the city appeared to be inspired by the same feeling that animates the Council of the present time.
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They believed that the city was to become one of great import- ance, and they acted accordingly. A Police Force was or- ganized, and John Scott was elected Chief Engineer. There were two Engine Companies, and one Hook and Ladder Com- pany-Empire Fire Company No. 1, Washington Fire Com- pany No. 2, and Oakland Hook and Ladder Company. The cisterns still to be seen on Broadway, between First and Fourth streets, were then constructed. A Board of School Directors was organized, consisting of Professor Henry Durant, James Lentell, and C. T. Jacobus. As these steps were premature, it was the natural result that the several departments thus organ- ized had but a brief existence, and the management of all local matters speedily returned to the Council, and was retained by that body until the commencement of our present era of pros- perity. The Fire Department had but a short-lived existence, and to the present day Oakland has had no means of resisting the fiery element. The office of the City Engineer was then created.
The Council was seriously embarrassed by the defalcation of the City Marshal, who. absconded, taking with him about $10,000 belonging to the city. He was pursued, and eventually captured and brought to punishment. The succeeding Council, which was radically opposed in sentiment to the one first elected, more fully felt the trouble attendant upon this act of official dishonesty.
The Council of 1854 had passed an ordinance granting cer- tain parties the right to build a wharf upon the water front of the city, and granting other privileges, which was vetoed by the Mayor, August 14th, 1854. From this message we take a short extract, as it is the principal one of the very few written, and public statements ever made by the individual chiefly interested :
" And in this connection permit me to ask your candid con- sideration of the fact that the franchise of wharfage and the land proposed to be granted do not belong to the city to grant or control.
" The land mentioned is a part of the Water Front of Oak-
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land, which was ceded by the State to the town in the first Act of incorporation, passed May 4th, 1852, for the purpose of enabling the Town to construct wharves and other improve- ments, for which purpose the Act authorized the Trustees to dispose of the lands so granted.
" At that time the town had not the means of constructing them. There were but few inhabitants, and but little taxable property in the city. It became, then, a matter of the first im- portance and anxiety in the minds of those who wished to see the young town thrive and prosper, that suitable wharves should be built, as contemplated by the Legislature, and that common schools should at once be established. But how were these de- irable and necessary objects to be accomplished ? The towns had received the water front from the State for the very purpose, and for that purpose was it disposed of by the Board of Trus- tees. They sold and conveyed the land, including that men- tioned in the bill herewith returned to you, to one of her citizens, under ample guarantees for the faithful performance of the contract, which he entered into, to construct three wharves and a school house. And in consideration of a percentage upon the income of the wharves, and the care and repairs of the same and in consideration of the premises, the exclusive right and franchise of wharfage was granted for a term of years to the contractor, and has passed from him into the hands of other citizens."
The Water Front controversy was long and bitter, and almost every legal process seemed to have been exhausted prior to its final settlement by compromise in 1868. As an indication of the popular sentiment and the spirit which prompted the affairs of our city government for many subsequent years, we present the following extract from a report submitted to a sub- sequent Council, and adopted, upon a matter separate from the water front question, in relation with H. W. Carpentier, but bearing toward it the closest and most direct relationship :
"The ordinance which it is proposed to repeal was passed by the Board of Trustees of the Town of Oakland on March
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fifth, eighteen hundred and fifty-five. It authorizes and directs the conveyance to E. R. Carpentier, his heirs, agents or assigns, of exclusive ferry privileges . between Oakland and San Fran- cisco, or between the said town or any other place,' for the term of seventy years, together with all the ferry rights, privileges and franchises which now are or hereafter are to be owned by the Town of Oakland. The ordinance directing the conveyance to Mr. Carpentier is but one of similar ordinances by which the Town of Oakland has been unlawfully despoiled of her pro- perty, divested of her rights, and retarded in her prosperity, prior to the passage of this ordinance. The Trustees of the Town of Oakland granted to the brother of said Carpentier all the water front of the town, extending to Ship's Channel, in the Bay of San Francisco, together with the exclusive right of con- structing wharves and collecting wharfage, (without limit or restriction), for thirty-seven years. A mere nominal percentage, without guarantee or security to the town, and amounting in the course of two or three years to about one hundred dollars, is the only consideration (with the exception of a small school house, for which no deed is found) profferred the town for the aforesaid grants. As trifling as this consideration is, the grantee in the latter case applied to the Board of Trustees and obtained the passage of an ordinance by which the town assumed all taxes which might be levied upon any wharf or wharves which he had constructed or might construct. This would render the city liable for the State and county taxes upon such wharves, which, at a moderate estimate, would amount in one year to more than the aforesaid has amounted to in two years; thus compelling the city to pay a premium to the grantees for taking all the property, ferry rights, privileges and franchises which the town of Oakland had, present or prospective, to give away. Under this arrangement, the people of the town are phindered of their property and their . taxes to pay the taxes.of those who have plundered them, and to support a monopoly which adds its exactions to the measure of iniquity and injury thus imposed upon the community."
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This report was signed by Edward Gibbons and Leonard Johnson. It expresses the spirit which influenced the Council from eighteen hundred and fifty-five, for many years. We do not propose to revive a discussion of the merits of a controversy which appears to have been settled for all time. In the two ex- tracts from official documents which we have copied we present the most succinct statements of opinions to be found upon our records. And here we drop the question of the water front, to return to it only when it is made the instrument for securing the location of the terminus of the Western Pacific Railroad in Oakland.
Oakland had several times enjoyed temporary periods of un- usual prosperity, but her career as a city commenced only when a sure and rapid means of communication had been established with San Francisco. The advantages of the town, as a place of residence, had induced various parties engaged in business in San Francisco to build homesteads in Oakland. The occasional detention of the ferry boats on the Bar at the mouth of the San Antonio Creek deterred many from taking up a residence, but upon the completion of the San Francisco and Oakland Rail- road, a steady tide of emigration set toward the city, and it has never diminished, a fact that can be proven by an examination of the table showing the receipts of the Railroad Company since January 1866. The introduction of gas and water into the city marked another era in its progress. To-day, there is not a city in the State with a more promising future. Our growth has been solid and substantial, and the present condition of the city is in every way satisfactory. .
Until within the past year our city has been considered im- portant solely on account of the number and rank of the educa- tional institutions located in or near its corporate limits. She has been identified with the higher educational interests of the State since an early day, and the selection of Berkeley as the site of the State University permanently establishes the position of the city as the educational centre of the State.
The facilities for building a vast city within and near the
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charter limits of Oakland are unsurpassed anywhere in Cali- fornia. The natural grade is almost perfect, and a complete system of sewerage can be established at the smallest possible expense. At an average depth of five feet from the surface of the ground, there is a thick stratum of sandy cement which affords as firm a foundation for buildings as could possibly be required, being as solid as a bed of rock. This formation extends to the west far out into the Bay, and when the overflowed lands of that portion of the city are made available, none of the disadvant- ages will be found, which in San Francisco, render it dangerous to erect heavy brick or stone structures upon the made ground. The supply of water to be obtained in the mountains, but a few miles distant, is very great. Artesian wells of a moderate depthi have been sunk in various parts of the city, and it is evident that from the subterraneous springs can be drawn inexhaustible supplies of pure, wholesome water. Several quarries of su- perior building stone have been opened but a short dis- tance from the city. It will never be necessary to go abroad to obtain what building material we may require. The supply of clean, sharp stone to be obtained in the vicinity of Oakland is sufficient for the building of a large city. At no distant day, railroad communication will place us in close proximity to the coal mines of Monte Diablo, and the cost of fuel will always be moderate, depending directly upon the price of labor in obtain- ing it from the mines.
Oakland is certain to be a city of great prosperity and im- portance, in spite of any agency under Inumnan control which could be directed against it. The present population has been drawn here on account'of the pleasantness of its location. The business of the city has thus far been confined to supplying the wants of its own people, and it is hardly possible that it could diminish. On account of their own intrinsic excellence, the number in attendance at our educational institutions is contin- ually increasing; and as San Francisco increases in wealth and prosperity, greater numbers of her business men will provide
(5)
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for themselves homes in our city. The influence upon our prosperity which will attend the completion of the Pacific Rail- road from one border of the continent to the other can scarcely be estimated. It will change the whole character of the place, rapidly multiply its population, create an extensive business, and give to Oakland the position of a commercial city.
There are now within the charter limits of the city, or in such close proximity to it as to be virtually a portion of the town, not a few educational institutions and manufactories. There are two female seminaries of the highest grade, and one Roman Catholic Convent. The only college in the State, enti- tled to the name by law or usage, is in Oakland. There are two high schools or academies, that have obtained a wide celeb- rity, and are in advance of all other private institutions in Cali- fornia, if not in Oregon or on the entire Pacific coast. There are numerous private schools for young children, which receive an extensive patronage from abroad. There are two Congrega- tional Churches, one Presbyterian, one Methodist, one Baptist, one Episcopal, one Catholic, and one African Church; and there are in the city eight church edifices. There are five public school buildings, two of them being expensive structures, and ornaments to this or any other city in the State.
We have two grist mills to grind into flour the wheat crop of the county, and supply to our citizens an article of flour that has no superior in the State, or anywhere on the continent. Two costly planing mills find employment in supplying material for the numerous buildings continually being erected. Two extensive tanneries and one pottery are in close proximity to the city. Cotton and woollen fabrics are manufactured at our very doors.
For the length of about six miles, our streets are beautifully paved. An equal length of gas and water pipes is laid through them. Over one thousand feet of the frontage on the San Antonio Creek is occupied with wharves, and the wants of the city are supplied by means of three steamboats and numerous small sailing vessels. The extensive and valuable improvements
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now erected in the city are required by the present population.
Within the past year, there has been erected a Baptist Church edifice, at a cost of about twenty thousand dollars. Repairs and additions have been made to the First Congrega- tional Church building, to the value of $6,000; and a Congre- gational Church has been erected at the Point, which has cost very nearly the same sum. One block of two-story buildings, having a frontage of two hundred feet on our principal business street, has been erected, at a probable cost of fifty thousand dol- lars; and a three-story building has been erected, at ,a cost of about one-half this amount. Public school improvements to the value of about thirteen thousand dollars have been made; and a public library, to take rank among the highest, has been founded by the wealthy and public spirited citizens of Oakland. Proper steps have been taken to secure the site for a magnificent public park, and the erection of a magnificent city hall has been commenced. On every street and in every quarter of the city are numerous new dwelling houses, many of them elegant and costly. Two daily newspapers, conducted with ability and success, do credit to the city.
The growth of Oakland, up to the present point, has been natural, and her prosperity is on a firm and substantial basis. As yet, the principal part of her citizens are engaged in various business pursuits in the city of San Francisco; but there are most convincing reasons for the belief that in the immediate future an entirely changed order of affairs will exist.
FINANCIAL CONDITION OF THE CITY.
Through the mismanagement of the Town Council in 1852 and 1853, and of the first City Council, it become necessary to fund the debt of the city. At. the commencement of the year 1868, this funded debt amounted to $18,400, and was the only debt owed by the city. The Legislature of 1867-8 passed
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numerous special Acts, under which the Council could issue, for various specified purposes, bonds to the total amount of $133,000, as follows :
City Hall Bonds. $ 50,000
School Bonds. 50,000
Carpentier Judgment Bonds 18,000
Oakland Bar Bonds 15,000
$133,000
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On December 1st, 1868, the date at which this review was prepared, the amount of bonds actually issued was as follows :
City Hall Bonds. $20,000
Carpentier Judgment Bonds 16,000
School Bonds. 23,500
Bonded Debt incurred between 1852 and 1855. 18,400
Total Funded Debt $77,900
As the City Hall building is progressing rapidly, the re- maining $30,000 of City Hall bonds will soon be issued, and the actual funded debt may be set down at $107,900.
City Hall Bonds .- The City Hall and other bonds of the city have, up to December 1st, found a ready market, either at par or a small premium, being regarded as first class securities.
By an Act of the Legislature, approved March 19th, 1868, the City Council is authorized to issue bonds to an amount not to exceed $50,000, payable at any time within fifteen years, for the purchase of land and the erection of a City Hall. The bonds are to be sold to the highest bidder, after advertisement, or at par at any time, the proceeds being placed to the credit of the Building Fund, to be expended under the direction of the Council for the purchase of a suitable site for a City Hall and the erection of such building. If such bonds cannot be sold for ninety cents on the dollar, in gold, the Council are authorized
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to levy an annual tax of fifty cents on each one hundred dollars of assessed property, for the purposes mentioned. After any of the bonds have been sold, and until all have been redeemed, the Council are required to levy an annual tax sufficient to pay the interest that may each year accrue. If there should be no money to the credit of the Interest Fund, the Council is required to transfer an amount from any other fund, except the School Fund, for the purpose of paying whatever interest may be due upon the bonds issued. The Council may also levy an annual tax, not to exceed ten cents on each one hundred dollars, for the purpose of redeeming bonds. In the year 1880 the Council is required to levy a tax sufficient to redeem one-half the bonds then outstanding ; and in the year 1882 they shall levy a tax sufficient for the redemption of the remainder.
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