USA > California > San Diego County > San Diego > History of San Diego, 1542-1908 : an account of the rise and progress of the pioneer settlement on the Pacific coast of the United States, Volume II > Part 3
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On Motion, the Board adjourned to meet Tuesday Evening May 11, 1867.
THOMAS H. BUSH, Secretary.
Approved, J. S. MANNASSE, President.
The sale was held at the court house in old San Diego, on Friday, May 10, 1867. The sheriff (James McCoy) was the proper official to act as auctioneer, but Mr. Morse acted in his place as deputy. Mr. Horton bought six 160-acre lots, 960 acres in all, for an aggregate sum of $265, a little over 27 cents an acre, and two parcels were sold to other parties at the same time. The following is a copy of the minutes of the next ensu- ing meeting of the trustees, at which the sale was confirmed and the deed issued :
Special Meeting
May 11, 1867.
All the members of the Board present. The Board con- veyed by Deed the following Lots of land purchased by A. E. Horton, May 10th:
Eleven hundred and Forty-Six 1146
Eleven hundred and Forty-Seven 1147
Eleven hundred and Fifty-Six 1156
Eleven hundred and Forty-Five 1145
Eleven hundred and Thirty-Four 1134
Eleven hundred and Thirty-Three 1133
At the City Land Sale held at the Court House on Friday, May 10, 1867, the following Lands were sold and account pre- sented of such to the Board, by James McCoy, Auctioneer: Purchaser Price
1146 Lots Eleven hundred and Forty-Six .. A. E. Horton
1147 Lots Eleven hundred and Forty-Seven .. A. E. Horton
1156 Lots Eleven hundred and Fifty-Six .. A. E. Horton $150.00 1145 Lots Eleven hundred and Forty-Five. . A. E. Horton 40.00
1134 Lots Eleven hundred and Thirty-Four .. A. E. Horton 20.00
1133 Lots Eleven hundred and Thirty-Three .. A. E. Horton 55.00
1173 Lots Eleven hundred and Seventy-Three J. S. Murray. 20.50
Fractional Lot lying between Eleven hun- dred and Fifty-Six and Eleven hundred and Fifty-Seven, to Edward Henck. 9.50
$295.00
On motion of J. S. Mannasse it was resolved to advertise City Lands for Sale, on the third day of June, 1867, at public Auction, and the Secretary be ordered to post Notices of the Same, in three conspicuous places.
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HISTORY OF SAN DIEGO
On Motion Meeting Adjourned to meet June 10, 1867.
Approved,
THOMAS H. BUSH, Secretary.
J. S. MANNASSE, President.
The deed was made and recorded the same day. It was signed by Morse and Bush, Mannasse not signing, and witnessed by C. A. Johnson. A full copy of this deed is given below :
This indenture made this eleventh day of May, A. D. one thousand eight hundred and sixty-seven, between E. W. Morse and Thomas H. Bush, Trustees of the City of San Diego, Coun- ty of San Diego, State of California, parties of the first part, and A. E. Horton, of the same place, party of the second part, Witnesseth, That whereas at a sale at public auction of lots of said City of San Diego, after due notice given of the same, according to law, on the tenth day of May, eighteen hundred and sixty-seven, by the said parties of the first part, Trustees of said City as aforesaid, the said party of the second part bid for and became the purchaser of the following described property and that said property was then and there sold and struck off to the said party of the second part-as the highest and best bidder thereof.
Now therefore the parties of the first part, Trustees of the said City as aforesaid for themselves and their successors in office, by virtue of authority in law in them vested-and for and in consideration of the sum of two hundred and sixty- five dollars to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, sold, released and quitelaimed and by these presents, do grant, sell, release and quitelaim unto the said party of the second part, his heirs and assigns forever, all the right, title, interest or claim whatsoever, of the said party of the first part, or their successors in office in and to the following described property, situate in the boundary of said City, to wit: Lots eleven hundred and forty-six (1146), eleven hun- dred and forty-seven (1147), eleven hundred and fifty-six (1156), eleven hundred and forty-five (1145), eleven hundred and thirty-four (1134), and eleven hundred and thirty-three (1133), and designated upon the official map of said city, made by Charles H. Poole in the year 1856. Together with all and singular the ways, streets, rights, hereditaments and ap- purtenances thereunto belonging or in any wise appertaining. To have and to hold the aforesaid premises, hereby granted to the said party of the second part, his heirs and assigns forever.
In witness whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written.
E. W. MORSE, . (Seal)
THOMAS H. BUSH, (Seal)
Trustees.
Signed, sealed and delivered in presence of C. A. Johnson.
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ATTACKING HORTON'S TITLE
State of California { ss.
County of San Diego S
On this eleventh day of May, A. D. one thousand eight hundred and sixty-seven, before me G. A. Pendleton, County Clerk and ex-officio Clerk of the County Court in and for said County, personally appeared E. W. Morse and Thomas H. Bush, personally known to me to be the individuals described in and who executed the annexed instrument and they acknowl- edged to me that they executed the same freely and voluntarily and for the uses and purposes therein mentioned.
In witness whereof I have hereunto set my hand and affixed the seal of said Court in this County the day and year in this Certificate first above written.
G. A. PENDLETON, Clerk.
(Seal)
Received for record on Saturday, May 11, 1867, at 6 P. M., and recorded on Saturday, May 11, 1867, at 8 o'clock P. M., at request of A. E. Horton.
G. A. PENDLETON, County Recorder.
(Fifty cents. ) (U. S. Rev. Stamp) (E. W. M. T. H. B.) (May 11, 1867 )
These proceedings did not escape attack. When it became apparent that the new town would be a success, a number of suits were brought for the purpose of setting aside the deed from the trustees to Horton. Perhaps the most famous of these was the suit of Charles H. De Wolf versus Horton, Morse, and Bush, brought in September, 1869, in which Judge Benjamin Hayes was the plaintiff's attorney. It was alleged that the pro- ceedings leading up to the conveyance were irregular in several respects. The owners of the ex-mission rancho also brought suit to extend their boundaries over Horton's Addition, claiming that the pueblo lands should comprise four leagues, instead of eleven. There were rumors that there was collusion between Horton, Morse, Bush, and others, by which the trustees profited by the sale. Some excitement rose at one time and "land jump- ing" began; but the people of San Diego took prompt action, pulled down and burned the fences erected around some blocks the "jumpers" were attempting to claim, and soon suppressed their enterprise. Horton's title was sustained in all the courts and the suits ended in smoke.
CHAPTER III
EARLY RAILROAD EFFORTS, INCLUDING THE TEXAS & PACIFIC
HE railroad ambition found early lodgment in T the San Diego heart and the passion has endured through the years. Indeed, ever since railroads came into existence men have appreciated the importance of a direct eastern outlet for the seaport. In the dreamy days of Mexican rule, away back in the 30's, they were discussing ways and means to accomplish the great end, but it was not until the American began to dominate the land that any organized effort was made.
In the early 50's an agitation began for the construction of a railroad on the 32d parallel. Congressional action was secured for the preliminary surveys, and in May, 1853, Colonel J. Bank- head Magruder, president of the Atlantic & Pacific Railroad Company, published his report. In January, 1854, Colonel Andrew B. Gray started out to make his "survey of a route for the Southern Pacific Railroad, on the 32d parallel," for the Texas Western Railroad Company. This report was not pub- lished until 1856, but the people of San Diego were fully informed of the undertaking and its results. Both these reports are extant and both are of great value.
Different statements have been made as to who was entitled to the credit for originating the first railroad corporation in San Diego. The account most generally credited seems to be that it was due to Judge James W. Robinson and Louis Rose. They were both from the South and doubtless well informed as to the feeling in the matter of the people there, and both took an active part in the affairs of the organization; so that the tradition carries a strong degree of probability. Wm. C. Fer- rell and J. J. Warner are also mentioned in this connection.
Early in November, 1854, the San Diego & Gila, Southern Pacific & Atlantic Railroad Company was organized. On November 16th J. R. Gitehell returned from Sacramento with the charter, and the following officers were elected: President, James W. Robinson ; vice-president, O. S. Witherby ; treasurer, Louis Rose ; secretary, George P. Tebbetts ; directors, J. W. Rob- inson, General H. S. Burton, U. S. A., E. W. Morse, Joseph
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THE SAN DIEGO & GILA
Reiner, John Hays, M. M. Sexton, Louis Rose, L. Strauss, J. R. Gitchell, George Lyons, O. S. Witherby, and Wm. C. Ferrell. The purpose of the organization was to build a railroad to Yuma, there to meet the line which might reach that point from the East. Colonel Gray had abandoned his work at Yuma, on account of his pack mules being broken down, and the new com- pany, therefore, promptly took steps to supply the deficiency. They sent out a party of surveyors to examine the pass to Santa Ysabel by way of the San Diego River, who returned about the time the charter arrived, and according to the Herald "made their report, which is so favorable as to astonish everyone who had never been through by this route." A second reconnais- sance of the mountains was immediately begun, and the sur- veys were pushed with vigor and success, demonstrating the feasibility of the "direct route" to Yuma, upon which the peo- ple of San Diego insisted with so much tenacity in later years. But this was not all; these enterprising men prevailed upon the city to make a donation of two leagues of land (about 8,850 acres)-at an election held October 19, 1855, all the votes being for the donation-a gift which would have become of princely value had the railroad been built-and secured the confirmation of this grant by the state legislature.
The organization continued actively at work until the Civil War began. Many of the original officers and directors retained their positions during the period. In 1855, J. C. Bogart, E. B. Pendleton, and D. B. Kurtz succeeded John Hays, L. Strauss, and Wm. C. Ferrell as directors. In the following year, J. C. Bogart was treasurer, in place of Rose. Early in 1858, Rose was treasurer again, and E. W. Morse chairman of the audit- ing committee. At the annual election in this year, O. S. With- erby became president, Wm. C. Ferrell vice-president, D. B. Kurtz treasurer, and George P. Tebbetts remained secretary, as from the beginning.
At this time the hopes of the people were very high. Indeed, it seems probable the road would have been built but for the war. That conflict dashed the people's hopes, not merely for the time of its duration, but for many years after. The South had never for a moment thought of building a railroad to any terminus other than San Diego, but it now no longer dominated either the politics or the finances of the country, and it was nec- essary to wait until new financial and industrial combinations could be made. It was not until the second year of the Horton period that lively hopes of the speedy building of a railroad again cheered San Diego.
The Memphis, El Paso & Pacific Railroad Company, known as the Memphis & El Paso, or the Frémont route, was one of the
354
HISTORY OF SAN DIEGO
numerous projects for building on the 32d parallel. The east- ern terminus was Memphis, and the western was at first Guay- mas, but this was afterward changed to San Diego. The old San Diego & Gila was revived with a new set of officers, and Colonel Wm. Jeff. Gatewood, the president of the reorganized company, was sent to Memphis to negotiate. In 1868 General M. C. Hunter, of Indiana, representing the Memphis & El Paso Railroad, came to San Diego and addressed large meetings. He succeeded in negotiating a contract between the two companies, whereby the former company agreed to build the road, and received the grants, franchises, and lands of the latter, valued at $500,000, in exchange for stock. General Hunter selected a site for the depot, upon the company's own lands, some half mile from Horton's wharf, and also made a contract with the Kimball brothers, owners of the National rancho, for a way sta- tion on their lands, for which the Kimballs were to donate 100 blocks of land. General Thomas S. Sedgwick then proceeded to make a survey, and General John C. Frémont went to Paris and succeeded in placing 148 first mortgage bonds for $116,430. Application was made to Congress for a grant, but this failed. and the whole scheme quickly collapsed. The Paris investors sned Frémont, and the land subsidy was forfeited to the city. General Sedgwick, who had just completed his maps, was sent east as the agent of the San Diego & Gila to secure a concella- tion of the contract between the two companies, and succeeded in doing so.
But the people of San Diego were not left long without hope. During these years, from 1868 to 1871, we hear of the San Diego & Fort Yuma, which was to run via Jacumba Pass; of the old Southern Pacific, the Transcontinental, and other projects ; but it was not until the Texas & Pacific Railway Company was char- tered, March 3, 1871, that there seemed once more substantial ground for the belief that the day of prosperity was at hand. The Texas & Pacific was responsible for so many things-for San Diego's first considerable boom and its greatest disappoint- ment-and, in a way, for its subsequent growth and prosperity -that a somewhat extended account may properly be given.
This company was incorporated by Colonel Thomas A. Scott, of the Pennsylvania Railroad, and others. Scott was made its president, and gave his efforts energetically for several years to the task of building a road through to San Diego. Senator John S. Harris, one of the directors, spoke in San Diego on behalf of the road, August 28, 1871, which was the first public meeting held in connection with the enterprise. In March, 1872, Scott acquired by consolidation and purchase property and franchises of the old Southern Pacific, the Transcontinental, and
355
COMMITTEE OF FORTY
the Memphis & El Paso Railroads, and by act of Congress approved May 2, 1872, was granted power to build and equip lines between the Mississippi River and the Pacific Coast.
In the meantime, the people of San Diego were awake to their interests. Late in March, 1872, a committee of forty was appointed, of which Thos. L. Nesmith was chairman, and the congressman, S. O. Houghton, was instructed to use his best judgment. Horton went to Washington a few days later. and
JAMES W. ROBINSON
Who came to San Diego after a conspicuous career in Texas and was identified with the earliest railroad efforts
1142892
co-operated with Houghton and General Sedgwick. It was thought essential that the charter should provide for building the road from both the eastern and western ends simultaneously, to fix a minimum mileage to be constructed each year, and to limit the time within which work should be commenced to one year, in order to safeguard the city's interests. Colonel Scott readily agreed to these requirements, and promised to visit San Diego to negotiate for the franchise and property of the old San Diego & Gila and explain his views to the people. There
356
HISTORY OF SAN DIEGO
was a powerful lobby against the bill, both before and after amendment, much of which came from northern California, but the bill finally passed and was approved on May 2d, causing great rejoicing in San Diego.
Surveying parties were immediately put in the field and the work was pushed with vigor. Three surveys in all were made. The first party of engineers arrived in San Diego on June 21, 1872. On August 8th, J. A. Evans, chief engineer of the Cali- fornia division, arrived to take charge of the work. On Sep- tember 5th the second party took the field, and nine days later, the third. In the following December, Crawford's survey of the route from San Diego eastward was completed, and in March the Reno party completed its work and was disbanded. These three routes were, respectively : the southern route by way of El Campo; the middle route, by way of Warner's rancho; and the northern, through the San Gorgonio Pass.
All of this was very encouraging, indeed, and when Colonel Scott started west early in August, with a party of legis- lators and other public men, the excitement rose to something approaching fever heat, and the people began to cherish an apparently well-grounded hope that their ambitions were about to be realized. The name and fame of San Diego were in every- body's mouth. Population began to pour in from every direc- tion, men began to see visions of a wonderful destiny, and in a few weeks San Diego's first great boom was fairly on.
The railway party came by way of San Francisco, where Colonel Scott and others made addresses. On August 18th, the steamer Hassler arrived at San Diego, having on board Pro- fessor Agassiz and party, on a voyage of scientific exploration, who remained to meet with members of the Scott party. Agas- siz was here ten days, continued his scientific researches, and left a much valued estimate of San Diego's resources. The Scott party arrived by steamer on August 26th. A very dis- tinguished party it was, consisting of Colonel Scott; Senator John Sherman, of Ohio; Governor R. C. MeCormick, of Ari- zona ; Colonel George Williamson, of Louisiana; General G. M. Dodge, of Iowa; Colonel John W. Forney, of Philadelphia : Governor J. W. Throckmorton, of Texas; W. T. Walters. of Baltimore; John McManus, of Reading, Pennsylvania; Hon. John S. Harris; ex-Senator Cole; and W. H. Rinehart, the sculptor.
"As the boom of the California's guns announced the arrival of the vessel," said Colonel Gatewood in the World. "all San Diego drew a breath of relief and hope," and we may well believe it.
A committee of citizens met the party, and Colonel Gatewood
357
SCOTT'S REASONABLE DEMANDS
gave them a formal welcome. They were domiciled at the Hor- ton Hlouse, and the same evening a mass meeting and banquet were held at which Scott explained his plans. Among those who spoke were: Scott, Sherman, MeCormick, Williamson, Dodge, and Agassiz, of the visitors; and T. L. Nesmith, Gate- wood, Taggart, and Hinchman, of the residents. Other citizens who participated were: T. L. Nesmith, Aaron Pauly, C. L. Carr, Bryant Howard, George W. Marston and Mr. Boyd.
Scott's demands were far less onerous than had been feared. In the language of the Alta California, the committee of forty were "in fear and trembling," expecting nothing less than "a modest demand for half a million in county bonds and at least one-half that the people owned in lands." What he actually . asked the people to give him was: a right of way 100 feet wide from the ocean to the Colorado River; the lands which had been granted to the old San Diego & Gila Company ; a tract of land west of the court house, on the water front, 600 by 1500 feet, for a terminal; and either 100 acres of tide lands of acceptable shape and location, or the same area in Horton's Addition adja- eent to the shore.
These requirements were considered moderate, and the com- mittee of forty joyfully accepted them. But a "vote of the cit- izens must be taken in order to authorize the levy of a tax to raise the necessary funds. It was resolved to call a mass meet- ing at an early day, that the action of the committee may be submitted to the people for ratification." This was done Aug- ust 30th, without serious opposition. The stockholders of the San Diego & Gila were agreeable to all this, provided they were reimbursed for their outlay in times past, as they ultimately were by payment of $58,000 of city bonds.
The transfer of the franchise and remaining property of the old company to the new was made December 11, 1872, President Gatewood consenting reluctantly and insisting that the Texas & Pacifie be firmly and legally bound to fulfill its agreements. On January 14, 1873, the final step in the transfer of the sub- sidy lands was taken. They were put up at auction, in 160 par- cels, and bid in by James A. Evans, engineer of the Western division of the Texas & Pacific, at $1 per parcel, there being no competition. The deeds from the city to Evans, and from him to the Texas & Pacific, were executed and filed for record the same day. The total area of these lands was 8,606 aeres, besides 51 lots in Old San Diego and other places. The total value was estimated by the San Francisco papers at $3,000,000, and by Colonel Seott himself at $5,000,000.
The remainder of the San Diego & Gila's story is brief. After the distribution of the hond proceeds, Mr. Morse em-
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HISTORY OF SAN DIEGO
ployed W. T. MeNealy to defend all suits against the company and attend to the disincorporation. As late as November 25, 1878, however, its business had not been wound up. The direct- ors met on that date and declared a dividend of 561/2 cents a share, payable upon disincorporation. The amount estimated to be on hand, after payment of bills, was $1,766.85. The com- pany was soon after finally dissolved.
The stay of Colonel Scott and his party was short. The nego- tiations with the citizens' committee were finished on the 27th, the party departed at midnight, and the Hassler with the Agas- siz party the next day. After this, events moved rapidly. The election of September 27th provided for the issuance of bonds to satisfy the San Diego & Gila stockholders, as well as to pur- chase terminal property. On November 11th occurred one of the most joyous and impressive ceremonies ever held in San Diego. Ground was broken for the new railroad, on the com- pany's land, about one-fourth of a mile southeast of Mannasse & Schiller's Addition. W. W. Bowers was grand marshal and his aides were Adolph Gassen, Miguel de Pedrorena, L. G. Nesmith, Frank Stone, and A. B. Hotchkiss. Colonel Gatewood presided, and the addresses were by Judge Rolfe, C. P. Taggart, and Governor McCormick. The jubilant feeling of the people was reflected in the World, which exclaimed: "We have twice supposed that the right note of accord had been struck, and we have been twice disappointed. Now there is no longer possibil- ity of deception. All our high contracting parties have put their sign manuals to an instrument which gives Scott all he has ever asked."
Some months now elapsed, in which little apparent progress was made, and San Diegans began to grow restless. There were not wanting those who would be now called "knockers," and, indeed, the vast issues staked upon this railroad might well excuse a feeling of impatience. On February 12, 1873, the World felt called upon to declare :
"We have enough raw material in San Diego to stock an ordi- nary lunatic asylum. We have amongst us men who discredit the good faith of Scott, and who cannot rid themselves of an uneasy opinion that he intends to palter with San Diego. It is useless to call the attention of these men to the fact that the railroad king is a man whose reputation for fair dealing is as exceptional as his success as a railroad administrator. They are possessed by the demon of distrust, and the sign manual of an archangel wouldn't reassure them."
But one week later the same writer recorded his opinion that : "After a very full consideration of the matter, we have no hes- itation in saying that it is time that the Texas & Pacific Rail-
.
359
A CHANGE OF ROUTE
way authorities should show their hands." Evidently, he too had become infected with the microbe of impatience.
On April 21, 1873, occurred the ceremonies attending begin- ning of actual work on the construction of the railroad. T. L. Nesmith made a few remarks on behalf of the committee of forty, and C. P. Taggart also spoke. "Father" Horton threw the first shovelfull of earth, and said it was the happiest day of his life and that he felt more honored than if he had been chosen
THOMAS L. NESMITH
Chairman of the Committee of Forty who conducted the negotiations with the Texas and Pacific in 1872
governor. About ten miles of the roadbed were graded, and some of this grade can still be seen near the traeks of the Santa Fé Railway.
In May, Colonel Scott wrote informing the committee that his company had decided upon the San Gorgonio route, and giving their reasons briefly. This was a disappointment to the people of San Diego, as they greatly preferred the "direct route" by one of the two other surveys. Still, so long as San Diego was made the terminus in good faith, they did not greatly object.
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