History of Alameda County, California : including its geology, topography, soil, and productions, Part 39

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

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On the 4th December, the new Board, elected November 7th, took their seats, and were composed as follows: Valentine Alviso, District No. 1; 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 IIth 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-

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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 office at the municipal election. On the 22d January, a franchise 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 16th, 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 over 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 16th, 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 Ist 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 Ist of October the reorganized Board of Supervisors, composed as follows: John Green, District No. 1; H. Overacker, District No. 2; J. B. Marlin, District No., 3; William C. Mason, District No. 4; Peter Pumyea, District No. 5; 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

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POLITICAL HISTORY OF THE COUNTY.

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, were received on May 6th, but on the 15th 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

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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. 1; Henry Dusterberry, District No. 2; J. B. Marlin, District No. 3; William C. Mason, District No. 4; Fred F. Myers, District No. 5; 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 2Ist, 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

3,716,983 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 1, 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.

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POLITICAL HISTORY OF THE COUNTY.

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-

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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 being 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 to Sand-lot rule for two years-the Workingmen electing their Mayor in 1878 and 1879-in 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. . 9,40I

Majority against Chinese Immigration. -9,336

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 25th September, and the

yours Truly E0, Crosby,

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POLITICAL HISTORY OF THE COUNTY.

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, 1879; 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 Ist 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. 1; 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 10th 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 obstruction. Therefore the order of the Board was modified.

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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, W. S. MCCLANE. W. B. CLEMENT, Jos. B. MARLIN, F. F. MYERS.

The 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, Ist. 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 approaches 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.

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 39

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