History of Alameda County, California : including its geology, topography, soil, and productions, Part 29

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206

USA > California > Alameda County > History of Alameda County, California : including its geology, topography, soil, and productions > Part 29

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On May 1, 1854, the Court of Sessions made the tax levy, there being directed to be collected a special tax of twenty-five cents on each one hundred dollars' worth of property, for the purpose of erecting county buildings. In August they established the first Salary Fund, four thousand five hundred dollars being set apart out of the county revenue as a Judicial Fund for the payment of the County Judge, District Attorney, and Associate Justices of the Peace, who formed the Court for one year. In the month of September the township of Alameda was created by these function- aries, and its boundaries slightly changed at the next subsequent meeting. October 2d, John Travis and S. H. Robinson were elected Associate Justices, while, at the same time, Assessor Goucher resigned and was succeeded by Charles W. Breyfogle. About the same date Arunah Marshall was reappointed Jueces del Campo (Judge of the Plains). This was an office that had its origin under Spanish rule, and was con- sidered of sufficient importance to be continued under the State Government; accord- ingly we find the office created under the Act approved October 2, 1854, and its functions defined. The Jueces del Campo were officers whose duties were confined to the cattle interests of the country ; they attended the annual rodeos, and settled all dis- putes arising as to ownership, brands, etc. The Act referred to conferred substantially the same powers upon the office as continued.

1855 .- The time of the Court of Sessions in its supervisory capacity was now rapidly drawing to a close: its last meeting as such bears date January 22, 1855, and its last record, like its first, was in the interest of the county roads.

On March 9, 1855, the Act creating a Board of Supervisors for Alameda County was approved. It provided that the first Board should be elected on the third Mon- day of March, and annually thereafter. This election was duly held March 19th, and on April 2d the Board convened at the Court House in San Leandro for the trans- action of business. There were then present: Henry C. Smith, of Washington Township; A. C. Austin, of Clinton Township; James W. Dougherty, of Murray Township; J. L. Sanford, of Oakland Township; James Millington, of Alameda Township; and S. D. Taylor, of Eden Township. Mr. Dougherty having been elected

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Chairman of the Board, and the labors of their office commenced, their first duty was the appointment of a committee to examine claims against the county, and the fixing of the yearly tax levy. At the same meeting the County Treasurer was empowered to expend two hundred dollars for a safe.

The necessity for more commodious accommodation for the public offices had been for some considerable time pressingly felt, the rented apartments occupied, although they had hitherto served their purpose, having become inadequate to the increasing wants of the community. From the previous years' tax collections there had accumulated a fund to which an addition was made by a provision in the levy for the current year; a committee was accordingly appointed by the Board of Super- visors of Alameda County, "to contract for the erecting of a frame building thirty by sixty feet and twelve feet high to the eaves, not to exceed in cost twelve hundred dollars, to be erected in San Leandro." Sealed proposals were invited therefor, to be opened on the fifteenth day of May, which is the last record in the matter until July Ioth following, when the Building Committee report the structure completed at the rather startlingly extravagant sum of twelve hundred and sixty-five dollars.

The history of the seat of justice of Alameda County is somewhat interesting, and is worthy of extended notice. At first, as we have seen, it was located at Alva- rado, the then center of the county's population. So soon as it had been determined to erect county buildings, in the year 1854, the various towns, villages, and hamlets with wonderful unanimity came forward and pleadingly urged their several claims for the distinction which popular sentiment had already decided could no longer be accorded to Alvarado. Petitions were actively circulated and a sufficient number of signatures obtained to justify the calling of an election to determine the future county seat. The matter came to a vote on December 5, 1854, and the canvass showed a total of one thousand eight hundred and eighty-two votes cast, which were divided among seven locations, as follows: Alameda, 232; Alvarado, 614; San Leandro, 782; Oakland, 18; San Lorenzo, 220; Haywards Town, 4; Haywards, II ;*

No town having received a majority of all the votes cast, another election was ordered to be held on December 30th. This time public interest centered upon two places only-Alvarado and San Leandro, the former receiving ten hundred and sixty- seven, and the latter thirteen hundred and one votes, and thus securing the prize. It will be remarked that the aggregate vote of the last-mentioned election, viz., two thousand three hundred and sixty-eight, exceeded that of the first-named by over five hundred ballots, a fact which must not be taken as an indication either of increased interest in the matter, or of sudden growth in population. It was accomplished by the most bare-faced fraud, in support of which statement we have the 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.

*It is probable that the last two mean one and the same place.

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

The county buildings, as before stated, were finished in July, 1855; 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 José on the 10th 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 16th 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 10th 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 resolutions and enactments passed by them during that time. On September 17th the returns of the general election held on the 5th 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 difficulties 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 official record sought may be directly or indirectly connected. Great care should be bestowed

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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 1, 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 March 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

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

adopted did not correctly state, nor fully cover the case as petitioned for by the citi- zens of the territory referred to. A committee was also appointed to ascertain the probable cost of a brick jail, an institution that, up to this time, the county had man- aged to get along without, the worst cases of criminals having been confined in the San Francisco prison, and the others cared for as best could be done. In the month 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 18th of August it was decided to employ a suitable person to tighten the screws 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-

Richard Barron

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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 1854 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 with 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-

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ruary 3, 1857, granted it to him so far as the State's loss was concerned, and authorized and permitted the Board 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 1, 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 a 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 8th 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 10th 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 the 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;

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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 confréres, 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.

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 29

Author: Munro-Fraser, J. P Publication date: 1883 Publisher: Oakland, Calif. : M.W. Wood Number of Pages: 1206

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206