USA > California > Napa County > History of Napa and Lake Counties, California : comprising their geography, geology, topography, climatography, springs and timber, together with a full and particular record of the Mexican Grants, also separate histories of all the townships and biographical sketches > Part 13
USA > California > Lake County > History of Napa and Lake Counties, California : comprising their geography, geology, topography, climatography, springs and timber, together with a full and particular record of the Mexican Grants, also separate histories of all the townships and biographical sketches > Part 13
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Legislative History of Napa County.
Prior to the first partition of the State into counties, the section now known as Napa had been included in the district of Sonoma, a division which had originated with the Mexican authorities during their power, and that included all the counties now lying west of the Sacramento River, between the Bay of San Francisco and the Oregon line ; it had not been interfered with on the accession of American rule, but retained the official designation given to it by the Spaniards.
April 11, 1850, an Act of the Legislature was passed organizing a Court of Sessions, which defined its composition as follows :--
The Court consisted of the County Judge, who should preside at its ses- sions, assisted by two Justices of the Peace of the county as Associate Justices, they being chosen by their brother Justices from out of the whole number elected for the county. The duties imposed upon this organization were multifarious. They made such orders respecting the property of the county as they deemed expedient, in conformity with any law of the State, and in them were vested the care and preservation of said property. They examined, settled, and allowed all accounts chargeable against the county ; directed the raising of such sums for the defraying of all expenses and charges against the county, by means of taxation on property, real and per- sonal, such not to exceed, however, the one-half of the tax levied by the State on such property; to examine and audit the accounts of all officers having the care, management, collection and disbursement of any money belonging to the county, or appropriated by law, or otherwise, for its use and benefit. In them was the power of control and management of public roads, turnpikes, fences, canals, roads and bridges within the county, where the law did not prohibit such jurisdiction, and make such orders as should be requisite and necessary to carry such control and management into effect; to divide the county into townships, and to create new townships, and change the division of the same as the convenience of the county should require. They established and changed election precincts ; controlled and managed the property, real and personal, belonging to the county, and purchased and received donations of property for the use of the county, with this proviso : that they should not have the power to purchase any real or personal prop- erty, except such as should be absolutely necessary for the use of the county ; to sell and cause to be conveyed, any real estate, goods, or chattels belonging to the county, appropriating the funds of such sale to the use of the same ; to cause to be erected and furnished, a Court-house, jail, and other buildings, and to see that the same are kept in repair, and otherwise to perform all such other duties as should be necessary to the full discharge of the powers conferred on such court. Terms were ordered to be held on the second Monday of February, April, June, August, October and December, with quarterly sessions on the third Monday of February, May, August and November of each year.
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History of Napa and Lake Counties-NAPA.
In accordance with section fourteen of Article XII of the Constitution, it was provided that the State be divided into counties and Senatorial and Assembly Districts, and at the first session of the Legislature, which opened at San José December 15, 1849, there was passed, and approved February 8, 1850, " An Act subdividing the State into counties and establishing the seats of justice therein," which directed that the boundary lines of Napa County should be as follows :
Commencing in the Napa River at the mouth of the Soscol Creek, and running up said creek to the point of said creek nearest to the range of mountains dividing Napa Valley from Suisun Valley ; thence in a direct line to the nearest point of said range; thence along the summit of said range north-westerly to its northern extremity ; thence due north to the for- tieth parallel of north latitude; thence due west twenty miles; thence south-westerly to the nearest point of the range of mountains dividing Napa Valley from Sonoma Valley; thence south-westerly along said range of mountains to its termination in Carnero Mountain ; thence in a direct line to the nearest point of Carnero Creek ; thence down said creek to its junc- tion with the Napa River; thence to the place of beginning. The seat of justice shall be Napa City.
It will be seen by the above that the territory embraced in the above boundaries included all of what is now known as Lake County. There were no changes in these lines until April 16, 1852, when an Act of the Legisla- ture defined the boundaries of Napa County as follows :
Commencing in Napa River at the mouth of Soscol Creek, and running up said creek to the point of said creek nearest to the range of mountains dividing Napa Valley from Suisun Valley; thence in a direct line to the nearest point of said range ; thence in a northerly direction to the east side of Chimiles, or Corral Valley ; thence in a.direct line to the east side of Berryessa Valley, to the northern end of said valley ; thence in a north- westerly direction to the outlet of Clear Lake; thence up the middle of said lake to its head ; thence in a westerly direction to the north-east corner of Sonoma County ; thence south along the easterly line of said county to the place of beginning.
The boundary lines of the county were destined to not remain the same for any great length of time, for on the fourth day of April, 1855, we find that there was an Act passed by the Legislature to amend the above Act so as to make it read as follows:
Commencing at a point on the Guichica Creek where the said creek empties into San Pablo Bay ; thence running in a direct line due east to the top of the ridge of mountains dividing Napa Valley from Suisun Valley ; thence in a northerly direction along the top of said mountains to a point parallel with the southern boundary line of the ranch known as the Chimiles
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Legislative History of Napa County.
Rancho; thence easterly along said line to the top of the mountains known as the Vaca Mountains, which divide the Vaca Valley from the Chimiles Rancho; thence northerly along the top of the main ridge of said Vaca Mountains to the Putah Creek; thence northerly across said creek to the top of the mountains dividing Berryessa Valley from Sacramento Valley ; thence northerly along the top of said ridge to the outlet of Clear Lake ; thence easterly to the top of the mountains dividing Clear Lake Valley from Sacramento Valley ; thence northerly along the top of said mountains to the head of Clear Lake; thence westerly to the top of the mountains that divide Clear Lake Valley from the Russian River Valley ; thence southerly along the top of said mountains to a point on the top of said mountains one mile east of the eastern boundary line of the rancho known as Fitch's Rancho, on the Russian River; thence in a direct line southerly to the westerly branch of the head waters of the Guichica Creek ; thence westerly to the top of the main ridge that divides Guichica Valley from Sonoma Valley; thence in a southerly direction along the said dividing ridge to the tule bordering on San Pablo Bay; thence southerly to the center of Guichica Creek ; thence following the center of said. creek to its mouth, the place of beginning. The county seat shall be Napa City.
The boundary lines of Napa County remained as above described for some time, but there was some considerable effort made on the part of the Solano County people to have the lines between Napa and Solano so changed that Solano would get the best of the change. Some trouble grew out of the fact that the people had been assessed and the taxes collected in Napa County, when Solano people claimed that they were residents of that county. These parties who had thus paid their taxes into Napa County evidently were more desirous of living in Napa than Solano County. At the session of the Legislature of 1856 a bill was introduced by the rep- resentative from Solano County, establishing the dividing line between the two counties, so that it would run only four miles south of Napa City. To this, of course, the whole of Napa County was opposed. The Board of Supervisors passed a resolution, requesting their representatives in the Assembly and Senate to oppose to the utmost any such change. They did so, and nothing more came of the matter at that time.
At the next session of the Legislature the matter again came up for dis- cussion and settlement. Again the people of Solano County felt aggrieved, from the fact that the taxes which rightfully, as they thought, belonged to Solano County had been collected by the Napa officials. Mr. A. Stevenson was then in the Assembly from Solano County, and he introduced several measures, all of which looked to the settling of the question much to the advantage of his own county, and as often the people of Napa would re- monstrate, and the measure would fall dead. Finally, the excitement got so
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History of Napa and Lake Counties-NAPA.
high that members of the Legislature saw that something had to be done to quiet the feelings of animosity that were being fostered between the sister counties. Accordingly, a Commission was appointed to arbitrate in the matter, and settle all differences as amicably as possible. Judge Warm- castle, of Contra Costa County, Hon. William S. Wells, of Solano County, and Judge J. B. Horrell, of Napa County, composed this Commission of Arbitrators. They had full power and authority to act in the matter. When they came to investigate the subject they found that the disputed territory rightfully belonged to Solano County, but that the citizens living in it were unanimous in their desire to become attached to Napa County, as they traded in Napa City, and the county seat was much more accessible to them in this county than in Solano. Taking all this into consideration, they awarded to Solano County the amount of taxes which had been col- lected by Napa County, also the costs of the Commission. The first amount was $1175, and the costs were between $300 and $400, making a total of about $1500 which Napa County had to pay to Solano. The Commission then awarded to Napa County the disputed territory, which included about twenty thousand acres, making a very cheap purchase of some very valu- able land for Napa County.
As stated above, the boundaries of Napa County originally included all of the territory now known as Lake County. In 1861 the County of Lake was organized, and its boundary lines established as follows :
Commencing at the south-eastern corner of Mendocino County ; thence running in an easterly direction along the dividing ridge between Russian River and Knights Valleys on the west, and Clear Lake and Coyote Valleys on the east, to the highest point on Mount St. Helena ; thence easterly in a direct line to the point where the second standard line north (United States Survey) crosses the line dividing Yolo and Napa Counties ; thence along the line of Yolo County to the Mendocino County line ; thence along the Men- docino County line to the place of beginning.
The boundary lines of Napa County were destined to other changes in the near future, for we find that on the 29th of February, 1864, the bound- ary lines of Lake County were changed so as to affect Napa County as follows :
Commencing at the south-east corner of Mendocino County ; thence run- ning in an easterly direction along the dividing ridge between Russian River and Knights Valleys on the west, and Clear Lake and Loconoma Valleys on the east, to the highest point of Mount St. Helena; thence eastwardly to the most northern point of Las Putas Ranch, commonly known as the Ber- ryessa Ranch ; thence easterly in a direct line to a point where the second standard line (United States Survey) crosses the line dividing Yolo and Napa Counties ; thence northerly along the highest ridge of mountains dividing
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Legislative History of Napa County.
the waters of the Sacramento on the east, and Berryessa on the west, until it intersects the line dividing Yolo and Colusa Counties; thence along the main ridge of mountains dividing the waters of Long Valley on the east and Clear Lake on the west; thence up said ridge to the summit of the Coast Range; thence along the summit of Hulls Mountain ; thence west, in a direct line, to Mount St. Hedson ; thence southerly on the ridge dividing the Russian River on the west and Clear Lake on the east, to the place of beginning.
The boundary lines of Napa County remained as thus described until 1868, when, March 24th, the following boundary lines were established, which of course affected Napa County :
Beginning at the south-east corner of Mendocino County ; thence east- erly along the summit of the ridge dividing the waters flowing into Russian River and Knights Valley on the west, and Clear Lake and Loconoma Valley on the east to the highest peak of Mount St. Helena; thence easterly along the heretofore established line to the Butts Cañon road ; thence easterly in a right line to the northern point of the Las Putas Ranch (commonly known as the Berryessa Ranch); thence easterly along the northern line of said ranch to the north-east corner thereof ; thence east to the line between Yolo and Napa Counties ; thence northerly along the summit of the range of mountains dividing the waters of the Sacramento River from those flow- ing into or through Berryessa and Morgan Valleys on the west, to Cache Creek; thence east to the summit of the spur of the Coast Range which divides the waters flowing east into Bear Creek and Stony Creek, and those flowing west into the north fork of Cache Creek; thence northerly along the said dividing ridge, following the divide of said waters to the summit of the Coast Range of mountains ; thence northerly along the said summit to the highest point of Hulls Mountain ; thence westerly in a right line to the highest point of Mount St. Hedson ; thence southerly, following the summit of the mountains which divide the waters flowing west into Russian River, and those flowing east into Clear Lake, to the beginning.
Matters remained statu quo with Napa County for another four years, when a change occurred in the line between Napa and Lake Counties, which was very much to the advantage of the former. March 8, 1872, an Act of the Legislature was approved which established the dividing line as follows :
The northern boundary line of Napa County and the south-eastern boundary line of Lake County shall commence at the highest point of the Mount St. Helena; thence running in an easterly direction along the pres- ent boundary line between said counties to the Butts Cañon road ; thence north-easterly, in a direct line to the junction of Jericho and Putah Creeks ; thence up Jericho Creek to the junction of Hunting Creek, to a large pile of rocks on the south-east side of the county road, at the lower and most
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History of Napa and Lake Counties -- NAPA.
easterly end of Hunting Valley ; thence in a straight line in the direction of the intersection of Bear and Cache Creeks to the county line of Yolo County ; thence along the line of Yolo County in a south-easterly direction, to the present county line dividing Yolo and Napa Counties.
This Act of the Legislature further provided, that the Board of Super- visors of Napa County should order paid the claim of Lake County for the sum of $3500, and that the Auditor of said County of Napa should draw a warrant for the sum on the Treasurer of said county, payable from the general fund, and that the Treasurer of Napa County should pay the same. It will thus be seen that for the paltry sum of $3500, Napa County had a whole township, including the village of Knoxville and the Redington and other valuable mines added to her territory. There is a large amount of fine farming and grazing land also included in the section ceded. Surely it was a good bargain for Napa to make.
But the good luck of Napa County did not end here, for in the month of May of the same year, 1872, it was discovered that the dividing line, between Napa and Sonoma Counties, had not been properly located in many respects, and that Napa County was entitled to the taxes on a large portion of property hitherto assessed in Sonoma County, including a large share of the Buena Vista Vineyard, amounting in all in value to $25,000 or more. So when all the additions and just dues were finally summed up and added to the assessment roll of Napa County, it was found to be very materially increased. No further changes have occurred in the boundary lines.
The Court of Sessions has already been mentioned and their executive functions given, and we will now give their judicial powers: The Court was composed of the County Judge and two Associates, who were chosen by the duly elected and qualified Justices of the Peace in the county, from their number. The judicial jurisdiction of the Court of Sessions extended to cases of assault, assault and battery, breaking of the peace, riot, affray, and petit larceny, and over all misdemeaners punishable by fine not to exceed $500, or imprisonment not to exceed three months, or both such fine and imprisonment.
We now pass to a consideration of the Board of Supervisors as a body and to the legislative enactments which have any reference to them, and also certain acts of the Board which may properly be placed under this head.
From the period of the organization of the county until the year 1852, its affairs were controlled by the Court of Sessions, above mentioned, and a In the last named year a change had come over the governmental dream, and an Act passed May 2d of the above year, entitled "An Act to create a Board of Supervisors in the counties in this State, and to define their duties and powers." For better reference the ninth section of the above Act is quoted
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Legislative History of Napa County.
in full : "The Board of Supervisors shall have power and jurisdiction in their respective counties : First, To make orders respecting the property of the county, in conformity with any law of this State, and to take care of and preserve such property. Second, To examine, settle, and allow all accounts legally chargeable against the county, and to levy for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county, as may be authorized by law : provided, the salary of the County Judge need not be audited by the Board ; but the County Auditor shall, on the first judicial day of each month, draw his warrant on the County Treasurer in favor of the County Judge for the amount due such Judge as salary, for the month preceding. Third, To examine and audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county, or appro- priated by law, or otherwise, for its use and benefit. Fourth, To lay out, control and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be requisite and necessary to carry its control and management into effect. Fifth, To take care of and provide for the indigent sick of the county. Sixth, To divide the county into townships, and to change the divisions of the same, and to create new townships, as the convenience of the county may require. Seventh, To establish and change election precincts, and to appoint inspectors and judges of elections. Eighth, To control and manage the property, real and personal, belonging to the county, and to receive by donation any property for the use and benefit of the county. Ninth, To lease or to purchase any real or personal property necessary for the use of the county ; provided, no purchase of real property shall be made unless the value of the same be previously estimated by three disinterested persons, to be appointed for that purpose by the County Judge. Tenth, To sell at public auction, at the Court-house of the county, after at least thirty days' previous public notice, and cause to be conveyed, any property belonging to the county, appropriating the pro- ceeds of such sale to the use of the same. Eleventh, To cause to be erected and furnished, a Court-house, jail, and such other public buildings as may be necessary, and to keep the same in repair ; provided, that the contract for building the Court-house, jail, and such other public buildings, be let out at least after thirty days' previous public notice, in each case, of a readiness to receive proposals therefor, to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same; but no bid shall be accepted which the Board may deem too high. Twelfth, To control the prosecution and defense of all suits to which the county is a party. Thirteenth, To do any and per-
8
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History of Napa and Lake Counties -NAPA.
form all such other acts and things as may be strictly necessary to the full discharge of the powers and jurisdiction conferred on the Board.
In accordance with the provisions of the Act organizing a Board of Supervisors, the Court of Sessions established the following townships in Napa County, with the boundaries as herein set forth, on the 6th day of October, 1852 :
NUMBER 1, Napa Township .- To comprise all that portion of Napa County lying south of a line commencing at a point on the western bound- ary of said county, directly west of the most westerly portion of Dry Creek in said county ; thence running due east to said creek ; thence down the middle of said creek to its mouth ; and thence due east to the eastern boundary of said county.
NUMBER 2, Yount Township .- To comprise all that portion of Napa County between the northern boundary line of Napa Township and a line running due east and west across said county so as to pass through the center of Hudson's Sulphur Springs in Napa Valley.
NUMBER 3, Hot Springs Township .- To comprise and include all that portion of said county not included in either of the foregoing townships as described.
The election precincts of Napa County were established at this time by the Court of Sessions, as follows :
The townships of Napa and Yount shall each constitute one electoral precinct, and the township of Hot Springs shall constitute two electoral precincts, one of said precincts to comprise Pope Valley, Coyote Valley and Clear Lake Valley, and to be called West Precinct; and the other precinct to comprise all the rest of the township and to be called East Precinct.
November 6, 1855, Clear Lake Township was established with the fol- lowing boundaries :
Commencing at Mount St. Helena and running on the divide between Napa, Lupe-yomi and Callaomi Valleys; thence across to the eastern line of Napa County in a direction so as to include Lupe-yomi, Callaomi, Clear Lake, Cobbs and Scotts Valleys, and to include all the Clear Lake Valleys.
During the session of 1861-2 the Legislature passed a law for the organization of townships, regulating the powers and duties of officers, and provided that the same should be submitted to the vote of the people. This law made each township a corporate body, the powers of which were vested in three trustees, with the same or similar powers as those had by the Board of Supervisors. A similar set of officers were to be elected for each town- ship, to perform the duties thereof, under this law, as were elected for the whole county, with the exception of a County Judge, District Attorney and
Visiterout
I Jackson.
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Legislative History of Napa County.
Sheriff. Each township became in all important affairs a county, with county powers, county officers, and county expenses. In the place of one tax collector and one assessor, by this arrangement the county would have these officers for each of the townships, and the expenses of the county be increased eight-fold.
The Act mentioned above provided that there should be one supervisor elected from Napa Township, who should hold his office for the term of three years ; one from Hot Springs Township, who should hold for two years, and one from Yount, who should hold for one year. To show how strongly the people of Napa County disapproved of the measures of this Act, and how emphatically they expressed their disfavor, we append the vote on this question given when it was submitted to them. It stood-for township organization, 7; against township organization, 1207! That was the end of that proposition in Napa County, and the people certainly acted very wisely in voting as they did, thus saving to themselves a great and needless expense.
The township boundaries remained as above described until the segrega- tion of Lake County, when a large portion of Hot Springs [township was absorbed by that county, and the northern boundary line of the county became the same line for that township. Of course this line was changed from time to time to suit the changes made in the county line, which have been noted above. At length when the final change was made in 1872, by which a whole township was added to the domain of Napa County, the boundary lines of this new township, which was known as Knox Township, were described as follows:
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