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 7
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 7
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 7
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Second .- Assault and battery, not charged to have been com- mitted upon a public officer in the discharge of his official duty, or with intent to kill.
Third .- Breaches of the peace, riots, affrays, committing wilful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine or imprisonment.
Fourth .- Of proceedings respecting vagrants, lewd or disor- derly persons.
The Court has jurisdiction of proceedings for violation of city ordinances, to the exclusion of Justices' Courts. In this Court must be commenced proceedings for the recovery of city taxes, street assessments and licenses ; for the breach of any official bond, and for the recovery of personal property belong- ing to the city, when its value does not exceed $300.
The Police Judge has power to hold judicial examinations, and may commit and hold offenders to bail, for trial in the proper Court. There can be no appeal from fines imposed by him when they do not exceed $35.
The Court has the same civil jurisdiction as Justices' Courts, to administer oaths, acknowledge deeds, and celebrate marriages.
All fines collected in the Police Court are paid into the City Treasury.
84
OAKLAND DIRECTORY.
Appeals from the Police Court are to be to the County Court of Alameda County.
The Police Judge is to receive the same fees that are allowed Justices of the Peace for similar services.
The Court is entitled to a seal.
The Police Judge is required to make monthly reports to the City Council.
The salary of the Police Judge has been fixed at $2,000 per annum, with the understanding that he waive all claim to such fees as could be collected under the Aet establishing the Court.
The amount of business transacted in this Court during the year ending November 30th, 1868, according to the monthly reports of the Police Judge, is as follows :
Months.
No. Arrests.
Fines Collected.
December, 1867
12
$49 25
January, 1868
13
94 00
February
13
47 00
March
9
74 50
April
..
36
92 50
May
..
51
95 25
June
..
37
230 50
July
..
16
48 00
August
..
45
168 50
September
35
171 50
October
41
99 90
November
29
110 50
THE OAKLAND WATER FRONT AND THE WESTERN PACIFIC RAIL- ROAD TERMINUS.
The Oakland Water Front promises to be the great cause for the future commercial prosperity of our city. Its importance was foreseen fifteen years ago, and the person who then ob- tained possession of it has clung to it with pertinacity, defended his title in every Court, and finally ended litigation only by
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OAKLAND DIRECTORY.
compromise. In the summer of the year 1867, the City Council took steps toward vigorously prosecuting the suits between HI. W. Carpentier and the City, for the possession of the Water Front property. John B. Felton was chosen as special counsel on our behalf, with a contingent fee of' fifteen per cent of the property he might save to the city. He entered upon his task promptly and with energy. The Western Pacific Railroad Company had not then located its extreme western terminus, and each town bordering upon the Bay of San Francisco ex- pected the coveted prize. Various were the inducements offered, and innumerable were the schemes devised for influencing the choice of the Company. The members of the City Council and their Attorney, felt that Oakland had one offering which would turn the scale in her favor, if it could but be made available. The entire water water front had been conveyed to the city, and the validity of the conveyance of the property by the city to one of its inhabitants was the only matter at issue. If persistent litigation should be continued, the golden opportunities would pass unimproved. A compromise was talked of. If the Wes- tern Pacific Railroad Company could be granted a large portion of the property, it would without doubt locate its terminus in this city, for there were numerous advantages that could not be disregarded, if a clear title could be given to the land upon which its improvements would be erected. Having the indorse- ment of the people, the City Council made application to the Legislature, and in due time a short Aet was passed empower- ing the Council to settle the controversies of the city as it might deem best. Mr. Carpentier and the members of the City Coun- cil then agreed upon the terms of a compromise, which were briefly to the effect that Mr. Carpentier would surrender his title to one-half the property, provided the city would convey the remaining half to the Railroad Company, for terminal pur- poses. Upon this principle the terms of a compromise were elaborated and put into a tangible form. The proper negotia- tions were had with the managing officers of the Railroad Company, and satisfactory assurances were obtained.
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OAKLAND DIRECTORY.
On the evening of April 1st, 1868, the City Council passed the following ordinance, which is in a measure self-explanatory :
An Ordinance for the Settlement of Controversies and Disputes Concerning the Water Front of the City of Oakland, the Franchises thereof, and other matters pertaining thereto :
The Council of the City of Oakland do ordain as follows :
SECTION 1 .- 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 of the other part, relating to the force, validity, and effect of a certain ordinance passed by the Board of Trus- tees of the Town of Oakland, on the 18th day of May, A. D. 1852, and enrolled May 27th, 1852, signed by A. Marier, President of the 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 consider- ation therein named, the Water Front of said town, that is to say, all the lands lying within the limits of the said Town of Oakland, between high tide and ship's channel, as described in the Act of the Legislature for the incorporation of said town, passed May 4th, 1852, together with all the right, title and in- terest of said town therein, together with all the privileges, rights and franchises 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 cer- tain conveyance executed and delivered to the said Carpentier, of the said Water Front, dated May 31st, 1852, by the said A. Marier, President of the said Board of Trustees, under and in pursuance of said ordinances.
And also in relation to the force, validity and effect of a cer- tain other ordinance passed by the Board of Trustees on the 30th day of December, A. D. 1852, entitled " An Ordinance to
OAKLAND DIRECTORY.
approve the wharf at the foot of Main street, and to extend the time for constructing the other wharves," which said ordinance was enrolled January 1st, 1853, and signed by the President and Clerk of the said Board of Trustees, wherein and whereby the said first mentioned ordinance and the said deed of conveyance were recognized and approved.
And also in relation to the force, validity and effect of a cer- tain other ordinance, entitled " An Ordinance concerning Wharves and the Water Front," passed on the 27th day of August, 1853, by the said Board of Trustees, which said ordin- ance was enrolled, dated Angust 27th, A. D. 1854, and was signed by A. W. Barrell, President, and .A. S. Hurlbutt, Clerk of said Board of Trustees, wherein and whereby the said first mentioned ordinance was in all things ratified and confirmed, and the said Water Front again granted, sold and conveyed to the said Carpentier, in fee simple, forever, are hereby com- promised, settled and adjusted, and the said above mentioned ordinances and conveyance are made valid, binding, ratified and confirmed ; and all disputes, litigations, controversies and claims in and to the franchises and property described in said ordin- ances, and deed of conveyance, and every part thereof, are abandoned and released by 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, hereinbefore referred to, to the Oakland Water Front Company, to be used and applied in accordance with the terms, conditions, stipulations and agreement contained in cer_ tain contracts between the said Oakland Water Front Company, and the Western Pacific Railroad Company and other parties, bearing even date herewith, with the exception in the said agree- ment specified, but nothing herein contained shall be deemed to affect any rights of the San Francisco and Oakland Railroad
SS
OAKLAND DIRECTORY.
Company derived under an ordinance of the City of Oakland, passed the 20th day of November, 1861.
Passed April 1st, 1868,
B. F. PENDLETON, President of the Council.
Approved April 1st, 1868.
SAMUEL MERRITT, Mayor.
Attest, HI. HILLEBRAND, City Clerk.
The subsequent night, the following ordinance was passed :
An Ordinance finally settling, adjusting and compromising the question of the Water Front :
The Council of the City of Oakland do ordain as follows :
SECTION 1. It appearing to the satisfaction of the Council that all the terms and conditions of a certain ordinance, hereto- fore passed, entitled " An Ordinance for the settlement of con- troversies and disputes, concerning the Water Front of the City of Oakland, the franchises thereof, and other matters relating thereto," have been fully satisfied and complied with 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 Oak- land, on the one part, and Horace W. Carpentier and his as- signs, of the other part, relating to the force and validity of the said ordinances and deed, are hereby abandoned and released by the said City of Oakland to the said Carpentier and his assigns, provided, that nothing herein contained shall release the right of the said City of Oakland to the reversion of the property, franchises and rights released, as provided in the contract be-
89
OAKLAND DIRECTORY.
tween the Western Pacific Railroad Company and the Oakland Water Front Company, in case said City of Oakland shall be- come entitled to the same under said contract.
Passed April 2d, A. D. 1868.
B. F. PENDLETON, President of the Council.
Approved April 2d, A. D. 1868.
SAMUEL MERRITT. Mayor.
Attest : H. HILLEBRAND, City Clerk ..
In accordance with the terms of the compromise, as provided by Mr. Carpentier, the following deed had been executed :
" 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 second part, witnesseth, that the said party of the first, in consideration of the sum of five 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 second part, its successors and assigns, the following described premises, 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 said city, between high tide and ship channel, be- ing the water front lands within the boundaries described and granted in, and defined by the Act entitled, An Act to incor- porate the Town of Oakland, and to provide for the construc- tion of wharves thereat. Approved May 4th, 1552; and the Act entitled an Act to incorporate the City of Oakland, passed March 25th, 1854, and repealing certain other Acts in relation to said city, approved April 24th, 1862; together with all the privileges and appurtenances, rights and franchises thereunto appertaining and belonging ; together with all rights to collect
90
OAKLAND DIRECTORY.
tolls, wharfage and dockage thereon and therefrom, and all lands, rights, privileges 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 rights to the above mentioned land, franchises and privileges which he may hereafter acquire from the said City of Oakland, excepting therefrom, however, so much of the said water front as lies between the middle of Washington street and the middle of Franklin street, and ex- tending southerly to a line parallel to front street, and two hun- dred feet southerly from the present wharf, according to the map of the City of Oakland, with the rights of wharfage, dock- age 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 here- unto set his hand and seal the day and year aforesaid.
"II. W. CARPENTIER."
The portion of the water front reserved was to be deeded to the city for the public use, and was a concession which had been demanded and insisted upon as essential, to prevent the success of a complete monopoly of ferry privileges. Unfortunately the Council had previously granted the use of this identical prop- erty to the San Francisco and Oakland Railroad Company, but the privilege had never been made available, and the ordinance was deemed to be in violation of the city charter, and conse- quently of no force or effect. As quickly as a compromise had been agreed upon, the Company endeavored to take possession of this land, and legal proceedings were forthwith undertaken, which, up to the present time, do not appear to be near a ter- mination.
The Water Front Company is essentially a branch of the Western Pacific Railroad Company. It was incorporated in April, 1868. The capital stock of the Company is $5,000,000, divided into 850,000 shares. The Trustees are-E. R. Carpen-
91
OAKLAND DIRECTORY.
tier, Lloyd Tevis, H. W. Carpentier, John B. Felton, Leland Stanford, and Samuel Merritt. The Officers of the Company are : President, HI. W. Carpentier ; Vice-President, Samuel Merritt : Secretary, Lloyd Tevis ; Treasurer, Leland Stanford. .
The objects for which the Company is formed are stated in the certificate of incorporation, to be, to " build, construct, ac- quire, own, hold, manage, use and control wharves, docks, basins, dry docks, piers and warehouses, in the City of Oakland, and State of California, or elsewhere, and to lease, or sell, con- vey, or otherwise dispose of the same; to borrow and lend money ; to engage and carry on the business of commerce, foreign and domestie ; to purchase, acquire, manage, hold, con- trol. hypothecate, mortgage, encumber, lease, sell, convey, or otherwise dispose of the Water Front of said city, and any tide, submerged and overflowed or other lands in the City of Oakland or elsewhere, together with the rights, privileges and franchises connected therewith or appurtenant thereto ; and also, any other property, real, personal or mixed, choses in action, rights, privileges and franchises."
The contract referred to above as existing between the " Oak- land Water Front Company, the Western Pacific Railroad Com- pany, and other parties," was entered into April 1st, 1868, by the following named parties : The Western Pacific Railroad, by its officers, as first party ; Leland Stanford, as second party, and the Oakland Water Front Company, as third party ; and speci- fies that the first party agrees to construct and complete a railroad connection with the Central line, to terminate upon certain lands to be selected from the Water Front Company's property ; also to erect buildings and structures for passenger and freight depots, and to expend within a specified time, upon said lands. at least 8500.000, gold coin, not including the purchase of any existing improvements.
The contract is not a matter of public record, otherwise it would in this connection be published.
92
OAKLAND DIRECTORY.
The water front property has been carefully surveyed, under the supervision of Calvin Brown, and a most complete and elaborate map has been prepared. The railroad reservation an- nounced is shown upon the map accompanying this volume. The intention of the Water Front Company and of the Western Pacific Railroad Company, at the date of this writing, is not fully announced. Work upon the portion of the road between this city and Stockton, by way of Livermore Pass, is progress- ing with rapidity, and work is to be commenced in this city almost immediately. It is, indeed, probable that when this meets the eye of the reader, hundreds of laborers will be at work in Oakland and its immediate vicinity, upon the improve- ments projected by the Water Front Company and the Western Pacific Railroad Company.
REAL ESTATE-GROWTH OF THE CITY.
During the past two years the value of Oakland real estate has increased fully 200 per cent., and is now steadily and rapidly advancing. It is in exceptional cases only that property commands a high price on account of its prospective value. Within the limits of the city, the value of property is founded upon the extent of the income that might be derived from it, if improved. There has been inflation in regard to outside lands, which have in numerous cases been sold at prices far in excess of their intrinsic value. Such transactions have not been numer- ous, but they have in a measure injured the legitimate operators in real estate. Mr. E. C. Sessions, one of the leading real estate dealers and owners in Oakland, commenced the publication of The Real Estate Gazette, November 7th, 1868. The initial number contained a table showing real estate transactions in Oakland, Brooklyn and Alameda Townships for the two years ending November 1st, 1868. This being the transition period, during which Oakland changed from the condition of a quiet village to that of a promising city, we deem it proper to re- reproduce that table, and thus preserve it in a more permanent form :
Table Showing Sales of Real Estate, made in Oakland and Vicinity, from Nov. 1, 1866, to Nov. 1, 1868.
OAKLAND CITY.
OAKLAND TOWN SHIP.
BROOKLYN.
BROOKLYN T'XSHIP.
ALAMEDA.
TOTAL.
Year.
Mouth.
No Sales.
No Salee.
Amount.
No Sales.
Amount.
Amount,
Amount.
No Sales.
Amount.
1866 November
31
$42,371
3
$21,922
1
$2,600
$5,790
41
$72,683
i December
19
43,848
30,000
37.5
1
1,000
59
75.223
1867 January.
39
32,400
5,900
6,150
9,686
69
54,136
February .
37
67,476
4,900
7,255
. .
..
March
43
62,760
3,880
7,075
14,650
59
88,365
..
April.
29
44,802
80,100
3,275
20,400
41
148,577
May .
80
202,665
25,550
11
3,900
95
232,115
=
Junc .
50
96,334
13,000
10
18,625
4,250
July
46
66,430
47,500
3
3 900
7,985
..
August .
72
78,087
13
38,300
3,900
13,500
76
144,771
October
75
136,110
7
42,735
2,050
40.496
93
221,391
November
105
150.795
16
70,200
7,500
3
15,916
132
244,411
December
90
218,950
11
70,685
350
38,454
110
328,439
1868 January . .
75
195,229
17
87,850
6
8,250
5
69,972
103
361,301
..
9.4
255,798
19
183,450
18
34,650
16
157,975
147
631,873
SI
184,021
28
154,226
19
21,018
23
232,193
151
591,458
April
88
235,194
15
76,668
17
48,150
4
23.500
11
$83,215
135
466,727
May .
62
119,993
19
197,576
16
16,450
7
32,705
11
156,400
115
523.124
June
13
97,445
13
38,150
3
10,110
8
36,503
10
9,400
77
191,608
July
12
102,102
6
15,9.18
6
3,965
10
52,956
4
2,700
68
177,671
August
12
84.280
20
173.024
5
7.300
5
50,384
11
42,115
83
357,103
September
43
100,435
16
61,793
7
7,710
5
. 38,120
9
22,350
80
230,408
October
12
80,462
10
29,495
5
6,050
5
13,875
9
10,100
71
139,912
1
Total amounts, 2 years. " Alameda, 7 months
1.421
$2,787,058
250
$1,509,389
188
$246,008
131
$898,810
65
$326,280
Grand Totals. 2,055
$5,767,545
.
..
.
.
.
.
.
.
OAKLAND DIRECTORY.
93
.
.
57
125,$15
85
148,594
September
58
89.071
134257 3 4 5 2
36,607
15,400
18.500
..
.
.
18
79.631
1
:23127 2 1 3 2
69
132,209
1 9 6 9 =6611
59492 5 1 3 2
:
February
March
Amount.
No Sales.
No Sales.
1
94
OAKLAND DIRECTORY.
The same authority, commenting upon the above tabular re- view, states that " No reference has been had to Broadway property. It is rarely offered for sale, and but few transfers have been made during the last year, most of these including improvements, rendering it difficult in many cases to arrive at an accurate valuation of the land. We consider $175 to $200 per front foot a fair quotation for property on the west side of Broadway, between Fourteenth street and the railroad. Upon the east side, within same limits, $150 ; below the railroad, $100 to $150 per front foot. Sales can be readily effected at these figures.
" From reference to the above review, several things are ap- parent. First, an advance in the value of property in Oakland and vicinity of nearly 200 per cent. in two years. Second, the improvements alaeady made, as well as the regularity of this advance, are evidence of its legitimacy. Sales made within the last month, and those being daily consummated, with the as- surance we now have of other and extensive improvements to be made in the spring, warrant a reasonable expectation of fur- ther advance."
The growth of Oakland and Alameda and the adjacent coun- try, in population and wealth, may be learned from the follow- ing tables, showing the receipts of the two Railroad' Companies since January, 1866 :
.
.
95
OAKLAND DIRECTORY.
SAN FRANCISCO AND OAKLAND RAILROAD :
Months.
Receipts.
Jan. 1866
$8,662
Feb.
9.06S
Mar.
14,223
April
17,842
May
6.956
June
8,474
July 66
7,814
Aug. 66
S.183
Sept.
7.464
Oct.
6,736
Nov.
12,556
Dec. 66
8,466
Jan. 1867
8.468
Feb.
9.734
March
11,446
April
12,430
June,
34,629
July
17.954
August
18,908
Oct.
18,743
Nov.
15,784
Dec.
13.469
Jan. 1868
14,337
Feb.
17.330
March
18,751
April
21,296
May 6:
23.227
June
22.444
July
23.037
Aug. ..
18,419
Sept. ‹.
21.410
Oct. ..
20,742
Nov.
19,565
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OAKLAND DIRECTORY.
SAN FRANCISCO AND ALAMEDA RAILROAD.
Jan. 1866
$4,322
Feb. 6.
4,910
March 6.
8,458
April
10,874
May
8,216
June
6,973
July
6,399
Ang.
5,070
Sept.
8,317
Oct.
7,756
Nov.
13,558
Dec. ..
9,648
Jan. 1867
8,358
Feb. 6.
9,358
Mar. ..
11,399
April
13,998
May
10,128
June
29,060
July
11,264
Ang.
12,312
Oct.
12,223
Nov. ..
10,091
Dec.
7,047
Jan. ..
6,786
Feb.
7,855
March ..
9,887
April
11,344
May
19,539
June
15.637
July
16,321
Aug. ٠٠
14,069
Sept. ..
13,987
Oct.
14.946
Nov.
13.125
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OAKLAND DIRECTORY.
The following table shows the valuation of city property for a few years past, and the rate of taxation, according to the as- sessment rolls :
Year.
Rate of Taxation on the $100.
Amount of Tax.
Value of Property.
1863-4
$1 00
$7,942
$794,121
1864-5
1 00
9,701
970,125
1865-6.
1 00
12,187
1,107,949
1866-7
0 60
8,609
1,434,800
1867-8
1 00
18,324
1,832,428
1868-9.
1 00
33,634
3,363,478
In the year 1858, the total vote of Oakland Township was 406; at the late Presidential election it was 1,273.
The growth of the city has been to the north, but the greater part of the improvements have been made on the portion originally covered by oaks, the light, sandy soil being pleasanter for the ordinary purposes of a dwelling place, and by many being deemed healthier.
(7)
9.8
OAKLAND DIRECTORY.
EDUCATIONAL INSTITUTIONS.
For years past, the educational institutions located in this city have occupied a leading position in California, and have been attended by students from all parts of the Pacific Coast, Mexico, and the Sandwich Islands. We append a few of the leading facts concerning each.
THE COLLEGE SCIIOOL, COLLEGE OF CALIFORNIA, AND UNIVERSITY OF CALIFORNIA.
These three institutions are mentioned in connection with each other, because the College of California grew from the College School, and the State University is the full develop- ment of the College of California. Each institution marks an era in the progress of the cause of education in the State.
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 opening a College School was matured at a meet- ing of the Presbytery of San Francisco and Congregational As- sociation of California. A building which stood on the north- east corner of Broadway and Fifth streets was rented, and school was opened by Mr. Durant. At first the school was ex- ceedingly small, and for several years its growth was slow.
99
OAKLAND DIRECTORY.
Among the half-dozen scholars in attendance was the writer of these pages. Funds were raised by subscription, and the four squares now occupied 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 in- calculable importanc, and but for him Mr. Durant would have been unable to have continued in the enterprise upon which he had embarked.
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