History of Alameda County, California : including its geology, topography, soil, and productions, Part 55

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 55

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Among the general events occurring in the year 1876 we may note the establish- ment of the post-office at West End under the management of J. W. Clark, the official name being Encinal ; and the establishment on April Ist of the Alameda Loan and Building Association with a capital stock of one million dollars divided into five thousand shares of two hundred dollars each, the directors being, F. Boehmer, P. W. Barton, J. H. Hardman, D. L. Munson, H. A. W. Nahl, A. Newberg, Denis Straub, A. Schroeder and A. Volberg ; and the incorporation in the month of December of the Alameda Water Company, for a term of fifty years, capital stock one hundred thou- sand dollars divided into ten thousand shares of ten dollars each, the Directors being B. R. Norton, O. J. Preston, C. D. Wheat, F. Boehmer, and Theodore Bradley.

1877 .- In the year 1877 the sewering of the town was commenced, the first men- tion of such in the records being on February 6th, when certain property-owners petitioned for a vitrified iron-stone pipe-sewer in Park Street, on which, March 6th, a general sewer ordinance was passed. There is now a splendid system of sewerage throughout the town, the chief drains being in Oak, Walnut, Chestnut, Union, Grand and Webster Streets, together with others in Alameda, Central, Santa Clara, Railroad and Pacific Avenues. On February 20th a franchise was granted to Theodore Meetz, Louis Fassking, Thad. S. Fitch, and their associates to lay and maintain an iron railroad, the line to commence on Park Street, at the southerly line of Railroad Avenue; running thence southwesterly along Park Street to Central Avenue; thence running into and along Central Avenue and Harrison Street southeasterly to High Street ; thence running into and along High Street, southeasterly to the town line.

In the year 1877 the matter of building a Town Hall was first mooted, and on the 20th of that month Messrs. Barton and Mastick were appointed a committee to report a plan for the erection of such, who, April 17th, reported favorably on the plan submitted by Mr. Foster, when, the Clerk was directed to advertise for plans and speci- fications for erecting the building as well as an engine-house, the cost not to exceed two thousand eight hundred dollars. June 12th Mr. Foster entered into a contract,

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

under bond amounting to two thousand dollars, to complete the erection, but, at a reduced price of twenty-six hundred and forty-nine dollars, after which the construc- tion was proceeded with and the building eventually occupied.

The next event in chronological order in the year 1877, is the commencement of the narrow-gauge railroad. On April 24th the right was granted to the "South Coast Pacific Railroad " to construct, maintain, and operate, and to transport passengers and freight thereon, upon and through any of the avenues and streets running about east and west, and situated south of the northerly line of Encinal Avenue, supposing such line extended from the present termini of said Encinal Avenue, both east and west, to the boundary lines of the town of Alameda; provided, that said railroad shall not cross Central Avenue at any point. The term for which the franchise was conceded is twenty-five years; while the privilege to use horse, steam, or any other power was granted. This ordinance was passed by the following vote, viz .: Ayes-Messrs. Robinson, Mastick, Wenck, Barton, and Simpson. Noes-None. On the 4th of May it was unanimously adopted that wherever in the ordinance the name "South Coast Pacific Railroad" occurs the words "Bay and Coast Railroad Company, a corporation duly incorporated under the laws of the State of California" should be substi- tuted, while it was on the same date made obligatory on the company to com- mence work upon the line within six months and to expend upon that part of it within the town limits a sum not less than twenty thousand dollars, and that the whole should be completed within one year, under pain of forfeiture of the franchise. The original ordinance, however, was amended in its first section on July 17th, and made to read, " The right is hereby granted to the Bay and Coast Railroad Company, a company duly incorporated under the laws of the State of California, and its successors and assigns to use for the purpose of constructing, maintaining and operating a railroad in the streets, alleys, highways, parks, places, lands, and waters south of the following line, to wit: Commencing at a line where the north- erly line of Encinal Avenue projected easterly would intersect the easterly boundary of the town of Alameda; running thence westerly in a straight line to the westerly end of the said northerly line of Encinal Avenue and Saint George Street; thence along the northerly line of Central Avenue to West End Avenue, and west of the following line, to wit: a straight line projected along the easterly line of West End Avenue, northerly and southerly to the boundary lines of said town of Alameda; provided, that said railroad shall not cross the northerly line of Central Avenue." These boons granted, it was found necessary to make further concessions in order that Alameda should be put in direct communication with San Francisco, therefore under date November 17, 1877, the Board of Trustees passed the following pre- ambles and resolutions :-

" WHEREAS, Means of direct and speedy communication between the town of Alameda and the city of San Francisco are of the utmost importance to the promotion of the interests and development of property in this town; and,

"WHEREAS, The facilities at present afforded by the Central Pacific Railroad are circuitous and insufficient; and,

"WHEREAS, The Bay and Coast Railroad Company propose to insure such means of ready and direct com-

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munication, and to,that end has already expended large sums of money without subsidy or contribution from State, county, or town; therefore be it

" Resolved, That it is the sense of this Board that said Bay and Coast Railroad Company is a great public necessity for the town and its inhabitants, and that it is the interest and the duty of this board to co-operate in promoting its completion as speedily as possible, thereby insuring speedy and cheap transportation and greatly increasing the taxable property of the town."

Thus the Trustees having taken the company under their sheltering ægis, made further grants and gave increased privileges for wharves, slips, etc., and by their pro- tection did much towards bringing the narrow-gauge line to its completion, a fran- chise being granted to them, April 6, 1880, with the privilege of crossing Webster- street Bridge, upon consideration that they "continue to transport passengers between Alameda and San Francisco by a direct route without crossing San Antonio Creek into Oakland," and that they should make at least twelve trips a day each way, pro- vided also that they should construct a high and close partition throughout the whole length of the bridge, so as to separate their track from that of the carriage roadway.

From the foregoing remarks gathered from the records of the Board of Trustees it will be seen that a franchise was granted to what is now known as the South Pacific Coast Railroad Company, in 1877. The scheme, however, met with strenuous oppo- sition from a number of citizens, but the events which have accrued by the concession are almost incalculable .: The whole southern and middle portions of the Encinal received a boom, and a great many fine residences were erected mainly because the new road offered direct and rapid transit to the city.

At the election held May 1, 1877, the following town officers were chosen: Henry Robinson, J. M. Gray, Alonzo Green, Conrad Liese, Charles Volberg, Board of Trus- tees; Cyrus Wilson, J. D. Sweet, School Directors; N. W. Palmer, Treasurer; E. Minor Smith, Assessor and Superintendent of Streets; and on May 15th John Ells- worth was elected Clerk, and Town Attorney as well.

During the month of September, 1877, the American District Telegraph Company of Alameda filed articles of incorporation with the County Clerk, which stated their place of business to be the town of Alameda, and the existence of the association fifty years. Capital stock, fifty thousand dollars, divided into two thousand shares of twenty-five dollars each, and the directors P. W. Barton, Alfred Bannister, Charles H. Ham, James M. Gray, and A. Newberg; the right to erect and maintain telegraph lines within the corporate limits of the town was given to them on October 16th, being granted to them by the Board of Trustees for fifteen years.

The following changes in the names of streets was ordered by ordinance, Novem- ber 27, 1877: Webster Street in Old Alameda to Fillmore Street; Park Street in Old Alameda to Post Street; Washington Avenue to Harrison Avenue; Central Street to Austin Street; Eagle Street to Eagle Avenue; Oak Street at the West End of town to Hazel Street; Pine Street at Woodstock to Cypress Street; Willow Street at Woodstock to Maple Street; Bay Street at Woodstock to Bryant Street; Lincoln Avenue in the Fitch Tract to Clinton Avenue; Bay Avenue to Dayton Avenue; St. Mary's Street to Stanton Street; St. Paul Street to Morton Street; St. John Street to Benton Street; St. George Street to Sherman Street; Manzanita Street to Bush Street.

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

On October Ist the rate of taxation for the year 1877-78 was fixed as under: General Fund. 18 cents on the $100 .07 66 School Bond Interest Fund Street Sprinkling Fund .... IO 66

School Fund .25

66 66

Total 60 cents on the $100.

In the Encinal of January 6, 1877, we find that the old "pavilion," famous in the "flush" days when Charles Minturn ran a steamer to Old Alameda Point, and crowds of people came across the Bay to enjoy the rural beauties of the peninsula's sylvan glades, was burned to the ground on Monday morning; while, on the 14th of the same month, the new Methodist Episcopal Church was dedicated by Rev. Dr. Jewell. On February Ioth the rails of the Alameda, Oakland, and Piedmont Railroad were laid as far as Park Street, while there were then ready three new cars to put upon the road. The last item of interest in the year 1877 is the initial trip of the South Pacific Coast Railroad, in the shape of an excursion which took place on December 2d.

1878 .- The year 1878 had hardly been ushered into existence than the residents of Alameda were called upon to mourn the untimely demise of one of its most zealous and prominent citizens.

In a biographical sketch of the deceased gentleman, published in 1871, we find the Honorable Nathan Porter described as essentially a self-made man. Born in Massachusetts, he studied law in Providence, Rhode Island, where he was first admitted to the Bar, and immediately acquired a good practice. His genius for oratory-which had before in the lecture-room and on the stump developed itself-and sound judg- ment and a well-known application to business gave evidence of a brilliant future in his profession. Those who have witnessed his efforts at the Bar in California will not be surprised to learn that his remarkable command of language, united with his other acquirements, gave him early the most flattering success. Indeed it is by no means · certain, masterly as his latest efforts at the Bar had been, that they were superior to some of those of his earliest. The following circumstance of one of his earliest triumphs is thus related: Soon after his admission to the Bar, Mr. Porter was called upon to defend a young girl of fourteen, upon an indictment for murder. The case attracted great attention at the time, and the evidence of her guilt appeared to be too conclusive to allow of any hope for her acquittal. The defendant had, for a year or more, been a "spiritual medium," and it was at a time when this subject first attracted public attention. During this period the wonderful developments or manifestations at her " sittings" were the subject of general comment and speculation. At one par- ticular séance she predicted that two infant children belonging to her own family would die at a stated period. The public watched with fearful interest the result of her fatal prediction, and when the time arrived were horrified that it was in part fulfilled. Both of the children were suddenly taken ill, and one of them died. An investigation disclosed the fact that they had been poisoned with arsenic and upon this disclosure a confession, made, as Mr. Porter thought, by undue and unlawful urging and promises on the part of officials and others, was extorted from the girl of having administered the poison. She was indicted for murder, the penalty was death.

Leonard Stone

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ALAMEDA TOWNSHIP.

The defense in this remarkable case furnished Mr. Porter with his first opportunity to make a good effort and well did he improve it. The trial attracted unusual public interest; the youth of the prisoner; the mystery of her spiritual manifestations; the confession of her guilt and all the surrounding circumstances, gave it unusual interest, while her conviction, in view of the facts, was regarded as certain. The young lawyer had taken upon himself a responsibility which many an older head in the profession would have hesitated to assume, but he felt satisfied that the confession was an extorted one (which the law does not permit), and if true, that her young mind had been warped by the constant excitement to which it had been so long subjected, and that she was not accountable to the law for the act. With a full realization of the importance of his trust, and determined that a human life should not be improperly sacrificed, he gave his whole energies to the task, and nobly did he acquit himself. Although weary and exhausted by the labors of the trial, which lasted for many days, his closing address to the jury was pronounced as one of the most brilliant in the history of the Rhode Island Bar. During its delivery, the Court, composed of four elderly Judges, and the whole jury, were moved to tears, and among all the spectators, who filled the crowded court-room, there was scarcely a dry eye. The result of this masterly effort, to the surprise of all who were not present, was a prompt acquittal. The case immediately took rank among the causes c'lebre of the State, and gave Mr. Porter fame and practice and a professional standing among the first advocates at the Bar.

Prior to embracing the law as his profession Mr. Porter had been engaged in mercantile pursuits, and his studies were prosecuted, as has been the case with so many men of mark in our country, while depending upon his labors for support. At this time we find him prominent as an orator in the lecture-room and on the stump; and that his abilities were recognized by the people who elected him for six consecutive years to serve in the Legislature-half of which time he was in the Senate, where he held the important position of Chairman of the Judiciary Committee, when it is con- sidered that in the New England States at that time, the office always sought the man, not the man the office-the measure of the estimation in which he was held will be appreciated; and this application was still further shown by his subsequent nom- ination as the candidate of his party for the office of Attorney General. He was also at that time strongly urged to accept the nomination for Congress, but refused.

Mr. Porter came to California in 1854, and up to the time of his death was prom- inently identified with its progress and interests. He immediately took rank among the leading attorneys of San Francisco, and as a lawyer won for himself a State reputation. Studious in his habits, prompt in his business, entirely devoted to the interests of his clients, with a logical mind, ready language to give expression to his thoughts, a speech marked by taste and literary culture, he occupied a deservedly high position in his profession. In private life he was a man of exemplary habits, generous in his contributions to good works, and liberal in his views, according to every one his full rights, civil, political, and religious.

When the "People's Party" was in power in San Francisco, Mr. Porter was sought, and, after much urging by the committee of that party, consented to accept the nomination for District Attorney of the city and county. The result was his

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

triumphant election in 1860, and in every election thereafter until 1867, when he was no longer a candidate, and in that year the party was defeated. During all this time, when many were seeking the nomination, Mr. Porter never asked a renomination. On one occasion he was informed that the committee desired to hear from him as to his willingness to accept the office for another term, when he replied in these words: " If you deem it for the best interests of the people to renominate me, I shall deem your action an honor." He was renominated and re-elected by a handsome majority. His reply in this instance was characteristic of his whole political career. He believed not in personal claims to office, but rather that the public has claims upon the citizen for their services when required.

Mr. Porter took up his residence in Alameda in the year 1856, and was fully identified with the interests of the county as well as of the district and State. He was never, so to speak, a politician, yet in all great elections his services in the cause of good government, by his speeches and his influence, were felt throughout the State, and white entertaining decided convictions and a warm attachment for the Republi- can Party and its principles, had never been found taking an active part in caucus or convention, or been identified with any scheming class or clique. No candidate could be more available. Without enemies, and possessing unbounded popularity, with tal- ents and experience, all things appeared to combine to point attention toward Mr. Porter.

From the first existence of California until the time of Mr. Porter's nomination, there had been no Congressman selected from the agricultural counties of what then formed the Second Congressional District. The mining counties had sent every member to Congress. In the mean time the agricultural counties had been growing in wealth and importance and increasing in population, therefore it was in them that the largest material interests should naturally center; thus it was that Mr. Porter was selected by his party to receive the nomination. While the greater portion of his fortune consisted in property near his home, where he was, in a measure, devoted to the farming interests, he also owned property in the mining districts, and made no little effort in its development. He was well known in some of the mining counties, where his voice had often been heard for the principles of the Republican Party, as in the valleys.

Speaking of his labors in the mining counties, an anecdote is told of him, which occurred in Calaveras. On one occasion, while sojourning in the vicinity of Moke- lumne Hill, he met two of the old style California politicians who were to hold a polit- ical meeting at the " Hill," and he accepted an invitation to be present, The night was warm and the audience large. The orators were unusually energetic in their exertions; the perspiration rolled down their faces, and it did not astonish the assem- blage that the speakers every few minutes should swallow a tumblerful of what appeared to be pure sparkling water, until a large pitcher, full at the commencement, was nearly empty. During the evening Mr. Porter, who was well known at the " Hill," was recognized by the people present. At the conclusion of the efforts of the regular speakers, there was a general call for " Porter! Porter! Porter!" Mr. Por- ter mounted the rostrum, and in a few minutes was warmly engaged in delivering one of those telling, magnetic speeches, so characteristic of the man, and it was not long

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before he, too, seemed thirsty, and sought the handle of the pitcher. Now, it was generally known that Mr. Porter never drank " liquor" of any kind, and had no more doubt that the transparent beverage, so freely partaken of by the gentleman who had preceded him, was what the color indicated-pure water-than had most of the audience; so he nervously turned out a tumblerful, and while the audience were engaged in a round of applause, Mr. Porter hastily took one deep swallow of the liquid, and his mouth was again full before he was aware that it was the strongest Holland gin. The sensation to him was strangling, the second mouthful he could not swallow, and to eject it in the face of his listeners he was too polite. For a moment he stood in the most comical indecision; his face grew purple, and the strang- ling sensation filled his eyes with tears. By this time the audience saw the joke, and the applause of an instant before was terminated in uproarious laughter and merri- ment. Judge Brockway, who then resided at Mokelumne Hill, was among the audi- ence, and while he lived used to create great mirth by relating the anecdote. He always called it " Porter's Fiery Ordeal."

Mr. Porter was fearless for the right and could not be swayed from the path of duty to do a wrong; could not be used as a schemer or a trickster; was proof against bribery or corruption, by corporation, clique, or powerful influences; but was honestly devoted to the best interests of the State, and aimed to be in the truest and fullest sense her representative. With such noble attributes as those above enumerated, is it any wonder that the Trustees of the town in which he had so long resided, should have paid to his memory the following eloquent tribute :-

" Resolved, That this Board views with profound regret the dispensation of Providence which has so sud- denly removed from this life our highly esteemed townsman, neighbor, friend, and representative, Senator Nathan Porter.

" Resolved, That the whole State suffers by this loss, the County of Alameda more than the State, and the town of Alameda much more than either. The State and county suffer the loss of an honest and able legislator, who was peculiarly qualified by experience and ability to forward their interests in the councils of the State. It falls to the lot of few men in this world to be able to serve their fellow-men so thoroughly and successfully as our friend has done since early manhood. But this town has singular reasons for profound sorrow at this sad stroke of Providence, not only for the loss of a useful and upright citizen, a kind and generous neighbor and friend, but also in the fact that as a representative he had at heart the best interests of the whole people of this town, and his great influence was already thus early in the session of the Legislature being exerted in their behalf.

" Resolved, That our warmest sympathy is extended to the afflicted family of the deceased, whose great sorrow finds some of its members prostrated by long-continued illness. We mourn with them in their sad bereavement.

" Resolved, That the Clerk be instructed to send a copy of these resolutions to the family of the deceased, and spread them on the minutes."

On January 22, 1878, we find that a committee reported adversely in the matter of paying five hundred dollars to Thompson & West for a bird's-eye view of Ala- meda, to appear in their atlas of the county; while, on March 26th, a franchise was granted by the Board of Trustees to Thomas A. Smith, J. C. Tucker, G. W. Tyler, A. J. Tompkins, and W. B. Clement to lay and maintain a street railroad for a term of twenty-five years. The line intended to be so laid was from the southern or south- westerly extremity of Park Street, and running thence along its center to. its northern or northeastern extremity, the fares not to exceed five cents and the rate of speed not more than eight miles an hour.

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

The officers elected on May 6th, to serve for the year 1878-79, were: B. F. Baker, Henry Mohns, W. B. Clement, J. B. Vosburg, G. N. Williams, Board of Trustees; A. B. Anderson, Edward Parrish, G. C. Hall, A. Mayrisch, C. H. Ham, John Barton, School Directors; E. Minor Smith, Assessor; I. N. Chapman, Surveyor and Civil Engineer; John Ellsworth, Attorney; James Cook, Chief of Police; G. R. Bissell, Superintendent of Schools. On the 11th May John Ellsworth was chosen Clerk, and on August 20th, T. S. Moses was appointed a Trustee in the room of B. F. Baker, resigned.

From the report of the Treasurer, made May 14th, we find the state of the Town Finances to be as follows:

Dr. To School Fund. General Fund 8,423 56 $17,109 56

$8,686 00

Cr. By Certificates of gold deposit in Bank $12, 180 00

silver 3,522 33 " Silver coin in safe.

1,407 23

-$17,109 56

June 25th portions of Park Street, Pacific Avenue, Central Avenue, and Santa Clara Avenue were ordered to be lighted with gas for one year; while, on the 10th September, we find the following minute: "Mr. Williams introduced the following resolution, which was seconded by Mr. Mohns :---

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 55

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