USA > California > Alameda County > History of Alameda County, California : including its geology, topography, soil, and productions > Part 86
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610
HISTORY OF ' ALAMEDA COUNTY, CALIFORNIA.
dollars was allowed for policemen's badges, and thus we have the pristine guardians of Oakland's peace en grand tenue.
The next we learn of police matters is from the message of Mayor Carpentier, dated April 29, 1854. He says to the Council: "The passage of proper police regula- tions and the organization of a proper Police Force, I deem indispensable. Situated as is Oakland, within so short a distance, and almost forming a part of, the great commercial metropolis, it is to be anticipated that criminals, unless prevented by fear of detection, may infest our city." On May 6th of that year, John Hill was elected Captain of Police, and R. W. Kellogg and William McCaw, policemen.
It is to be inferred, for the records show nothing to the contrary, that some kind of a police organization existed during the decade between 1854 and 1864. On the 25th October of that year an ordinance was passed establishing a Police Force which had general supervision over all the city. On May 18, 1867, Oakland was divided into police districts, however, and a system of routine inaugurated; while, on the 25th May, the Police Commissioners, who then had the regulating of the force, were „ authorized to employ special policemen on Sundays, or when required, a measure consequent of the number of roistering visitors to the sylvan shades of this side of the bay on holidays.
It was not until October 4, 1869, that the office of Captain of Police was created, F. B. Tarbett being appointed thereto on the 11th of the same month. The force from this time has been in a high state of efficiency and a credit to the city, whose highways are as safe during the darkest night as at noonday, a convincing proof that the criminals who are so active in the metropolis have a wholesome dread of crossing the bay to carry on their nefarious practices in Oakland.
On May 28, 1877, an ordinance was passed for the uniforming of the Police; while, on October 3d, at a special meeting of the Council, consequent upon the death of Captain of Police Rand, the following resolutions were unanimously passed:
WHEREAS, By the stern decree of Divine Providence, D. H. RAND, late Captain of Police of this city, has left for that "bourne from whence no traveler returns," it is due to his memory that this "' sprig of green" be in memoriam. Whatever he did was done well; nothing was left undone that could be consummated; he shirked no duty, dared to face danger, and his hand went quickly out to arrest the violator and disturber of the law; in every sense of the term he was a true citizen and a bold exponent of the right. In his loss the Police Department of this city has been bereft of a competent director; this city an upright official and useful citizen; and his family a beloved husband and father. To his widow we offer every consolation which humanity can give, and we would extend to her this truth, and that to the memory of her late husband, " Well done, thon good and faithful serv- ant." And be it further
Resolved, That the Council and city officials attend his funeral in a body, together with the Police Depart- ment of the city. And be it further
Resolved, That this preamble and these resolutions be spread upon the Minutes of the Council, and the City Clerk transmit a copy thereof, under the seal of the city, to the widow of the lamented departed.
His Honor, Mayor Pardee, then addressed the Council as follows:
MR. PRESIDENT AND GENTLEMEN OF THE COUNCIL: It is with a feeling of sadness that I rise to speak of one whose many virtues you all do know. Captain Rand has been taken from us by the cold, icy hand of death, and he now sleeps in the arms of eternal happiness and peace. That majestic form that was so well known, and was a harbinger of peace wherever he was, will be seen no more. His voice is hushed, and the eye that beamed forth with electrical sparks of good-will toward all mankind is now closed forever. The city of Oakland has lost a good and faithful officer, and we, as their representatives, a warm-hearted and genial friend. Captain Rand had his peculiar idiosyncrasies of temperament; his heart was illuminated from the lamp of goodness, and the soul and pride of his ambition was to do good, always believing that it was better to err on the side of mercy and poor, suffering humanity than to have the applause of the whole world and the sting of consciousness of having done a
611
OAKLAND TOWNSHIP- CITY OF OAKLAND.
wrong whereby the heart of man would be made heavy and despondent. His test of Christianity was: "Do unto others as you would that they should do unto you."
1854 .- We have already stated that the native Californian continued his national pastimes after the occupation of the country by Americans, and Sunday being the day on which they kept their fandango houses open and fought wild bulls in the arena, the better thinking of the citizens thought that to carry out their early training these amusements should be stopped, therefore they petitioned the Trustees, Febru- ary 4, 1854, that these should be suppressed; consequently, ordinances were passed for that purpose on that date.
On February II, 1854, the Board of Trustees employed E. R. Carpentier to defend certain injunction suits, brought by John C. Hays and others against John Hogan, Town Marshal, to restrain the collection of town taxes, at a price not to exceed one thousand dollars. The service was rendered, and a warrant for the payment of the stipulated price was issued. Other legal services were performed, and other claims accrued; and claims being made which were thought unjust and unfounded, the pay- ment was resisted, and litigation continued from 1854 until 1868, when, in the Twelfth District Court, judgment was rendered for fifteen thousand two hundred and twenty- five dollars and eighty-eight cents, debt and damages, and costs and disbursements, and percentage allowed by law; the amount of the judgment to bear interest at the rate of ten per cent. per annum. On August 17, 1868, the City Council adopted a final resolution authorizing the City Clerk to issue to Edward R. Carpentier, bonds to the amount of sixteen thousand dollars, in satisfaction for the judgment held by him against the city of Oakland, and thus terminated a series of lawsuits which had been maintained for fourteen years.
On March 25, 1854, the Act giving to Oakland the distinction of a city was passed, its government being vested in seven Councilmen to constitute a Board to be known as the City Council; a Mayor, an Assessor, a Treasurer to be ex officio Clerk of the City Council, and a Marshal. The Mayor, by the provisions of the bill, was to be elected for one year, and the rest of the corporate officers for two years, "provided, that at the first election the three Councilmen of the seven elected, having received the least number of votes at the election, shall be elected and hold their office one year." Section four of the charter fully enumerated the powers and duties of the Council. The election was duly had, and, on April 17, 1854, at a meeting of the Council held under the new Charter, Alderman Blake in the chair, the returns of the election were canvassed. Let us give the names of the competitors; it may refresh the memories of those now remaining:
MAYOR.
VOTE
TREASURER.
VOTE
MARSHAL.
VOTE
ASSESSOR.
VCTE
H. W. Carpentier ...
192
J. R. Dunglison.
I21
J. Hogan
144
J. S. Tubbs
18I
S. J. Clark
93
|T. Gallagher
82
J. Brown . .
86
¡1I. Douglass.
83
Z. Gower ..
44
W. H. Baxter
82
W. Hillegass
129
L. N. Crocker.
72
B. F. Ferris
29
H. Horton
69
Pond
I
W. W. Nicholls.
7
P. Rosasco
I
E. Gallagher.
I
- Baar.
2
J. R. Dunglison
3
S. B. Bell
I
- Donaldson.
I
F. Johnson
I H. Horton.
I
J. Hogan.
I
J. Hogan.
I
M. D. Cassin.
3
Wm. McNair.
I
- Brown
2
S. B. McKee.
I
H. W. Carpentier.
I
612
HISTORY OF ALAMEDA COUNTY, CALIFORNIA.
ELECTION RETURNS, CONTINUED.
CITY COUNCIL.
VOTE
CITY COUNCIL.
VOTE
CITY COUNCIL.
VOTE
CITY COUNCIL.
VOTE
E. Gallagher.
289
J. E. Whitcher .
33
Wm. Card.
H. W. Carpentier. 3
I
G. M. Blake.
230
A. M. Brocklebank ...
19
Chas. Stewart.
41 H. Simon.
I
A. D. Eames.
226
Geo. Coffee ..
13
Wm. McCann.
I S. Bell.
I
John Kelsey.
219
Col. E. Davis
14 T. Conolly.
42
T. Gallagher.
3
W. C. Josselyn
151
L. Johnson.
66 E. Johnson.
I -- Blakesley
I
A. Marier
141
Wm. McNair.
43
T. Holden.
I A. Monroe
I
N. J. Thompson
98
Wm. Harwood
15 |J. W. Taylor.
I
W. R. Russell.
I
F. J. Mette
IOI
A. R. Simons.
77
G. Aldrich.
I
M. A. Moon ..
2
S. B. McKee.
101
G. Fogg
6 John Woolsey
3
G. M. Blake.
I
G. H. Monroe
38
|L. N. Crocker.
A. Durant. 3
I
E. G. Jacobus
9
A. D. McDevitt.
75
The total number of votes cast was three hundred and sixty-eight. At the same meeting Mr. Gallagher was elected President of the Council, and on the 18th April the bonds of the officers were fixed as follows: Treasurer, twelve thousand dollars; Marshal, twelve thousand dollars; Assessor, three thousand dollars. On the same date Samuel J. Clark gave notice that he would contest the election of H. W. Carpentier, but nothing would appear to have come of this action, for we know that that gentleman remained in possession of the civic chair. On April 22d voluminous rules, regulation, and by-laws for the guidance of the City Council were adopted.
Upon their assumption of office the first City Council would appear to have experienced considerable difficulty in obtaining the funds of the city in the hands of the late Town Marshal amounting to a balance of six thousand dollars. On April 21, 1854, City Treasurer Dunglison addressed a communication to John Hogan, for- merly Town Marshal, requesting the payment of all moneys belonging to the town or city of Oakland, as well as the delivery of all documents, papers, vouchers, etc., belonging to the Treasury of Oakland, to which that official replied: "The money realized from the tax sale in question has been attached in my hands by J. C. Hays, J. K. Irving, Treasurer, and others, on the ground of fraudulent assessment, and I cannot give up the money until I see myself clear." Upon the receipt of this commu- nication Treasurer Dunglison reported to the Council for their information, and requested them to require the late Marshal to deliver the said funds over to the City Treasury, or to require him to give equal bonds (twelve thousand dollars) with the Treasurer. He further stated: "The trial has been postponed until some time in May next, and without some action on the part of your Honorable Board, it is to be pre- sumed that many months will elapse without the city being allowed even the use of the public money."
Considerable discussion thereafter ensued as to if the Marshal had a right to retain these funds, while, a Special Committee was appointed to investigate the matter and to ascertain the most sure and speedy method of obtaining the money from its holder. These gentlemen, under date April 29th, reported that "Marshal Hogan refuses to deliver the money in his possession until such time as the City Council shall give personal security for the amount and costs of suit in the case of J. C. Hays et al., pending against him."
In his message of April 29, 1854, Mayor Carpentier says: "First among these
613
OAKLAND TOWNSHIP-CITY OF OAKLAND.
[certain interests] is the subject of Finances. The exact financial condition of the city as successor to the rights and liabilities of the town of Oakland I have not ascertained, but to say that the taxes of last year when fully collected, would, if applied to that purpose, pay off and discharge the existing indebtedness of the city, will be found to be approximately correct. During the two years of doubtful experiment in which your predecessors in office so economically administered its municipal affairs, Oakland has grown from a mere collection of half a dozen houses to its present pro- portions of promise. That they have been able to manage the public business of the town during this period with the levy of but a single tax, and that they now trans- mit it free from onerous embarrassment is alike complimentary to them and the citi- zens at large. Abstractly considered, taxes are an evil; but if it be possible, as is sometimes the case, in the early history of municipalities, by the collection and prudent expenditure of a tax of even three or four per cent. upon the assessed value of prop- erty, to increase its marketable value twenty-five per cent., then taxation becomes a benefit and an act of wise legislation.
"You are limited by the charter to a tax for all purposes of one and a half per cent. The valuation of property within the city cannot greatly exceed two millions. On this the extreme tax would be but thirty thousand dollars. Add to this the sev- eral amounts that will be received from the percentage on wharfage and ferries, from license taxes and municipal fines, which are believed to constitute the only sources of revenue under the charter, and you will have a sum wholly inadequate to the necessi- ties of current expenditure.
.
" And in this connection your attention is called to the suits now pending against the City Marshal.
"To avoid the payment of a fair and uniform tax for school purposes, levied by the town, under the former charter, and the collection of which the Marshal was proceed- ing to enforce, the passage of the present charter was urged upon the Legislature by non-resident claimants and their agents; fabricated petitions were presented, purport- ing to be signed by a thousand citizens of Oakland, and the feelings and wishes of the people grossly misrepresented. Hence that extraordinary provision in the nine- teenth section of the charter, which was intended to operate as a legislative injunction, and to bar the collection of taxes. Prior to this, two injunctions had been procured from two different courts and had been dissolved on application, and the suits dis- missed. The greater portion of these taxes, however, has been finally collected and the Marshal will be directed to proceed forthwith to collect the balance which remains unpaid. These vexatious lawsuits have been brought anew by residents of San Francisco who became purchasers at the tax sales, to recover, on the ground of alleged irregularities in the assessment, a portion of the moneys collected and which are now in the hands of the Marshal, awaiting the disposition of the City Council.
"As the grounds now taken have already been decided favorably upon to the city, in the dissolution of the injunctions above referred to, I recommend that these suits be defended by the city, and that counsel be employed for that purpose. These difficulties and struggles to resist contributions towards the support of the best interests of the city, I am happy to say do not originate with, and are not partici- pated in, by the people of Oakland, and I rely upon the good sense of our citizens to
614
HISTORY OF ALAMEDA COUNTY, CALIFORNIA.
aid by any means in their power the officers charged with that duty in the collection of such taxes as may from time to time be imposed, and to resist any and all attempts on the part of non-resident adventurers and speculators to embarrass and cripple the affairs of the city.
" It is to the prompt payment of taxes mainly that we must look for the organ- ization and support of a Fire Department, of a Detective Police, of Free Schools- that institution more promotive of morality and good order than all penal laws com- bined-and of the various public improvements which are indispensable to the pros- perity of the city. If you would avoid the creation of a public debt, with depreciated scrip every cent of which must finally be paid by means of taxes, and which will in the mean time rest like an incubus upon the city, your only resource is judicious taxation.
"The subject of licensing trades and occupations will come before you. The charter provides that 'licenses shall be discriminating and proportionate to the amount of business.' I suggest therefore that the various branches of business be classified according to the monthly receipts, so as to make the license tax as nearly uniform as possible. The system of taxing legitimate business and labor is essentially wrong and can be justified only by necessity. I recommend therefore that the city licenses be fixed at the lowest rates consistent with the condition of the Treasury.
" Your power, under the charter, to contract debts and to loan the credit of the city is unlimited-a power not a little dangerous to be vested in a Municipal Corpo- . ration, and wholly inconsistent with our State Constitution; but I have no doubt that a discriminating regard for the welfare of the city will incline you to caution in its exercise."
On May 6, 1854, the late Marshal requested that he be empowered to employ counsel to defend the suits instituted against him on the ground of irregularity in assessment, a matter that was referred to a committee, who, May 10th, recommended that the Council should assume the responsibility of paying to him such moneys as it shall be absolutely and actually necessary for him to pay out in the carrying on of these suits, but subject to the auditing and approval of the Council. On June 17th, in accordance with section six of the charter, the City Treasurer presented the follow- ing report, which was referred to the Committee on Finance: "The total amount of money received by me up to the present time is twelve dollars and seventy-five cents. This sum was handed over by L. Coburn, late Town Treasurer on the 27th of May, as being the balance of the town funds remaining in his hands. The cash expend- itures during the same period were nothing, and for the indebtedness incurred I must delay mention until the next meeting. The fines levied upon prisoners I have not received a cent of as yet, and would request your Honorable Body to pass some reso- lution making it incumbent upon the parties concerned to pay the money into the Treasury weekly. I would also respectfully state that the police books of the former administration have fines recorded to the sum of between two and three thousand dollars, paid in to the Justice of the Peace, but which sum has never been paid into the Treasury; whether these sums were for city or county crimes I cannot determine, but they still remain in the police books." The following will show what the receipts and disbursements for the first three months of the city's existence were, from May 21st to August 2Ist.
615
OAKLAND TOWNSHIP-CITY OF OAKLAND.
t
RECEIPTS.
EXPENDITURES.
Bal. from L. Coburn, late Town Treasurer. . $ 12 76
Criminal Docket for Mayor's Office. $ 2 00
Tax on dogs, for Quarter ending Sep. 20, 1854
69 00
Fuel, lights, etc.
35 12
Rec'd from J. Hogan, City Marshal, on acc't
Capt. Hill, for sustenance of prisoners. 31 00
Alteration of City Seal 5 00
of taxes collected on assessment for 1853 and 1854.
1,313 65
Stewart's bill for stove, etc. 22 00
L. N. Crocker, for furnishing City Hall.
198 00
Rec'd from H. W. Carpentier, percentage on wharf receipts .
44 44
Fines collected, from Justice Robinson ..
16 00
License for Dance House on Broadway and Tenth Streets ..
30 00
Printing ordinances in Express, etc ......
65 00
Scrip rec'd from John Hogan, City Marshal
on acc't of taxes collected on assessments
for 1853 and 1854, issued to Miss Jayne for School purposes, Jan. 2, 1854. . .
450 00
Interest on same @ 3% from Jan. 1854 to July IS54 ..
93 50
Forfeited bail of M. Wild, from Capt. Hill ..
10 10
Total Cash.
$1,495 95
RECAPITULATION.
Total Cash
.$1,495 95 687-12
Total Expenditures.
Balance. .
$808 83
Total Scrip.
543 50
Balance on hand.
$265 33
Carrell, for Spanish translation of assessment list .. . . 40 00
Policemen, on acc't of salary
225 00
Inspectors, etc., at Charter Election, April, 1854 ..
45 00
Stationery, etc .. . 19 00
Total Expenditures.
$687 12
The following report from the City Treasurer will explain the position between that official and the Marshal on October 21, 1854: "To avoid any misunderstanding or accident, I respectfully make the following statement: 'Having occasion to pay sundry bills by order of the Council I called on the City Marshal to-day for the amount of taxes collected on the present assessment roll. His answer was that he should not pay over any of the funds on hand until the entire taxes were collected. I would respectfully request that an order be issued to the Marshal directing him to pay over without delay all moneys in his hands belonging to the city. The additional bond of five thousand dollars, ordered by the ordinance providing for the levy and collection of taxes, has not yet been filed, and I regret to say that the original bond of the Marshal filed upon his entering upon the duties of his office, in April last, is not now in the archives. By an unluckly mistake the bond was some time since given to Mr. Hogan in place of his certificate of election. I discovered the mistake on the following day and requested its return. This request has been repeated several times, but without effect, and a day or two since Mr. Hogan informed me that he had lost the bond from his pocket-book, with other papers. This unfortunate mistake and the non-fulfillment of the Marshal in filing the additional bond leaves the city without any security for the amount collected on the two assessments, and as I have been partly at fault in the matter I would request that immediate action be taken in the premises. I would also state that as the Marshal has considered it within his province to pay out sundry amounts before the money has been placed in the City Treasury, I shall be under the necessity of refusing to pay out any funds until it is definitely settled who is the City Treasurer and what are the duties of his office, as well as of the City Marshal."
On receipt of this communication the Clerk was directed to write forthwith to
616
HISTORY OF ALAMEDA COUNTY, CALIFORNIA.
the Marshal and request his presence before the Council, while, a resolution was passed instructing that officer to suspend all collection of taxes until such time as a new bond should be filed, or until the old bond was produced, together with the addi- tional bond referred to above. In addition to these, on November 6th, he was directed to make a full report of all moneys belonging to the city received by him; all moneys in his possession, and all moneys paid over to the Treasurer. These instructions he apparently treated with the supremest indifference. We find, on November 9th, the following proceedings were had in the Council: Proposed by Alderman Eames, and
Resolved, That the Clerk be instructed to notify the Marshal that the Council are aware that there are parties in this city who have not been assessed, and for that reason they wish the Assessor's books to be forwarded to the Council Room immediately, that they may order a supplementary assessment, and the Marshal is hereby instructed to appear immediately before the Council with all the books belonging to his office as Marshal.
Alderman Kelsey then moved that the Marshal be invited to explain everything not appearing satisfactory to the Council, which was carried. Next, on motion of Alderman Marier, the Marshal was instructed to procure his books and bring them before the Council forthwith. Alderman Eames then moved that the Council appoint a Sergeant-at-Arms, pro tempore, to procure and produce the books from the City Marshal, which was lost. Considerable discussion thereafter ensued, in the midst of which a communication was received from the City Marshal, when it was moved by Alderman Eames that " the Council adjourn." Alderman Marier then moved that a Constable be appointed this evening to procure the books from the Marshal. This resolution being carried, the same gentleman moved that L. N. Crocker be appointed Constable, which was, however, withdrawn. At this stage of the proceedings a com- munication was received from the Marsh il, after which the following resolution pro- posed by Alderman Marier was carried.
WHEREAS, JOHN HOGAN, Marshal of the city of Oakland. has refused to obey the order of the City Council of said city, to produce the books of assessment of property within the corporate limits, which order was made for the purpose of correcting said assessment and adding thereto the assessment of property which has been therein omitted and neglected.
Resolved, By the City Council of the city of Oakland, that the said JOHN HOGAN be suspended from the exercise of the functions of Marshal of said city until a further and full investigation of said charge of disobedi- ence of orders and neglect of his duties can be had, and further, that the said JOHN HOGAN be commanded to appear before the City Council of Oakland on Saturday next, IIth November, at seven o'clock, P. M., and that the Clerk be instructed to forward a copy of this resolution to JOHN HOGAN, City Marshal.
These proceedings had the effect of producing from that contumacious official the following terse report: "The amount received by me for city taxes is, total, three thousand five hundred and twenty-seven dollars and twelve cents. The amount paid over to the City Treasurer, is six hundred dollars." From the foregoing facts it will not astonish the reader that on the morning of December 15th, it was officially noti- fied to the Council by the Mayor, who inclosed an affidavit of Michael O'Grady to the effect that the Marshal had levanted. The Mayor's message reads: "From the accompanying affidavit which has been laid before me, it appears that John Hogan, late Marshal and Tax Collector of the city, has absconded, carrying with him the funds in his hands belonging to the city. From all the data I ascertain that he had in his possession about ten thousand dollars belonging to the corporation. Considerably more than half of this amount is in litigation, and was retained by him subject to the
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