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 7
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50
Paine, J. O. W
50
Palmer, Oscar
100
Pearson, A. B.
25
Pearson, J. L. 100
Perigo, Wm.
50
Perry, Mrs. C. L.
50
Perry, H. A.
50
399
400
HISTORY OF SAN DIEGO
Acres
Lots 2
Peyser, M.
Pidgeon, Geo. S.
100
Pierce, James M
500
Poser, H. von
50
Raffi, G.
100
Reed, Arabella
25
Reed, D. C.
150
Remondino, P. C.
200
2
Rennie, Gilbert
150
Reupsche, William
25
Rice, H. B. .
100
Richardson, John H.
25
Richter, Hulda
100
Rose, Louis
250
Russell, James
50
Rouland, N. P.
6
San Diego, City of
4500
124
Schneider, Arnold
200
Schuyler, D.
100
Selwyn, G. A
80
Shelby, J. T.
50
Sheriff, J. A.
250
Simpson, J. H
150
Slade, Samuel
100
Smith, P. N.
10
Smith, Will M.
150
Snyder, J. H
200
Stanwood, Elizabeth
100
Steiner & Klauber
40
Stewart, D.
20
Stewart, W. W ..
200
Stockton, Dr. T. C.
12
Stone, Francis
15
Stone, George M
100
Story, Joseph
100
Stow, John P.
25
Strauss, Kohnstrom & Blum
1
Surbeck, G.
25
Swain, W. H.
100
Tallman, E. H
100
Terry, W. W
125
Thompson, J. W.
100
Todd, James
50
Trask, P. H.
25
Trask, Roswell
25
Treat, John
2
Utt, Lee H.
10
2
Wadham, J. F
100
Wallach, D.
100
4
Walsh, W. J
15
Walter, Otto
100
6
Seeley, A. L.
2
Shellenberger, Amos
1
Rogers, E. O
401
LITIGATION WITH SCOTT
Acres
Lots
Ware, K. J.
40
Watkins, N. and E. B.
40
Wentscher, A.
250
Wescott, J. W
50
Wetmore, Chas. A 250
6
Whaley, Thomas
100
Whear, R. S.
100
Wheeler, M. G.
100
Whitmore, S.
100
Wilcox, A. H.
1000
80
Willey, H. I.
150
Williams, W. E.
50
Williams, W. L.
500
Winter, L. & Bro.
200
Witherby, O. S.
120
19
Witfield, G.
10
Wright, Ralph L.
25
Wright, W. W.
100
Wolfskill, J. W
120
Yenawine, Samuel
20
Young, James M
25
Young, John N
100
Young & Gray.
80
$25,410
17,35534 485 2-3
In connection with this new subsidy, the successful effort to recover lands given to the Texas & Pacific in consideration of benefits never received, is a matter of much historical interest. The movement began in 1876 with a suit brought by W. Jeff. Gatewood and A. B. Hotchkiss in the name of Thomas H. Bush, a taxpayer, against James A. Evans, the resident engineer, and Colonel Thos. A. Scott, president of the Texas & Pacific. The suit aimed to annul deeds made in 1872 by the city to Evans, the land having been afterward conveyed to the railroad. The ground of the suit was, of course, failure of consideration.
The suit was begun on April 10, 1876, in the district court of San Diego County. On January 20, 1879, Wallace Leach was admitted as one of the attorneys for the plaintiff. Evans and Scott had, in the meantime, disclaimed any interest in the lands in controversy, and in November, 1879, the action was dismissed as to them. This left the railroad company as the sole defendant. Though the suit was unpopular at first, the city of San Diego filed its intervention as plaintiff on January 6, 1877, and thereafter the suit was prosecuted in its name. Mr. Daniel Cleveland, as counsel for the Texas & Pacific, asked for the removal of the cause from the state to the United States Court, but the petition was denied.
This was the situation when the negotiations with the Santa Fé officials reached a hopeful stage. It was said, and generally
402
HISTORY OF SAN DIEGO
believed, that if the city had at its disposal the lands, or even one-half of the lands, given to Scott in 1872 the railroad could be secured. With this idea in mind, President McCarthy of the city trustees sent the following telegram :
SAN DIEGO, CALIFORNIA, DEC. 18, 1879.
Thomas A. Scott,
President of Texas & Pacific Railway Company, Philadelphia, Pennsylvania.
D. O. MCCARTHY
President of the Board of Trustees at the time settlement was made with Thomas A. Scott in regard to the City's contribution to the Texas & Pacific subsidy
With a view to amicable future relations, to avoid expensive litigation and in the interests of immediate development and enhancement of all values here, thereby saving many of our best citizens from absolute ruin, are you willing to deed un- conditionally, to the Atchison, Topeka and Santa Fé Rail- way Company, pueblo lots 1158, west half of 1163, and frac- tional lots 1164, you keeping 1159, 1162, and east half of 1163; all of the balance of the land in litigation to be equally di- vided and the pending suit to be discontinued and amicably settled? Answer unreservedly, with understanding that in the
403
TEXAS AND PACIFIC SETTLEMENT
event of failure of negotiations the despatches be not used to affect the rights of either party.
D. O. MCCARTHY, President Board Trustees.
Very promptly, Scott replied as follows: PHILADELPHIA, DEC. 19, 1879.
D. O. McCarthy,
President Trustees, San Diego, California:
Your despatch of the 18th received. Our desire has always been to do the best possible for the interests of
M. A. LUCE
Attorney and Vice-President Southern California Railroad, at the time the Santa Fe Railroad was built. Judge of County Court 1875-80, when Superior Court was established; postmaster, 1898-02; classmate of President Mckinley at Albany law school. President Board of Trustees of Unitarian Society since 1898; First Commanderof Heintzelman Post, G. A. R.
San Diego. We will do what you desire, provided all pend- ing suits are settled in such a way that no future annoyance or litigation can arise out of the lands that were deeded to our company, either by entering judgment on present suit so as to cover the basis of the present settlement or in such other form as our legal officers may approve, so that no possible cloud may rest upon the lands retained by our compan . Answer if this is satisfactory.
THOMAS A. SCOTT.
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HISTORY OF SAN DIEGO
Mr. McCarthy answered :
SAN DIEGO, DEC. 20, 1879
Thomas A. Scott,
Philadelphia: Satisfactory. Will arrange details with your coun-
sel. Please instruct them.
D. O. MCCARTHY, President Board City Trustees.
It would appear that there should have been no delay what- ever in closing the transaction, yet two anxious months inter- vened before it was consummated. There was considerable sen- timent in the community against the acceptance of a compro- mise which gave the Texas & Pacific the right to retain any of the land which had been given in consideration of its unfulfilled promises to the people of San Diego, and many citizens urged the trustees to push the litigation to the bitter end, notwith- standing the exchange of telegrams which, as we study them now. seem to have had the binding force of a contract. Some affected to believe that Scott was not acting in good faith, and it is said that the legal advisers of the city trustees strongly urged them to continue the litigation. On the other hand, a large element of the public realized the urgency of a settlement in view of the pending negotiations with the Santa Fé and became daily more impatient in their demand for action. The committee of the Boston syndicate, Messrs. Wilbur and Pratt, were in San Diego at the time and threw their influence into the situation. When public interest in the matter had risen to a state of actual excitement, E. W. Morse and other citizens appealed to the trustees to end the delay. This appeal was suc- cessful, and commissioners were named to apportion the lands in controversy.
Finally, on February 16, 1880, the suit was set for trial. On the 24th of the same month, the appointed day, the court-room was packed with citizens, and there was much suppressed excite- ment. Wilbur and Pratt were present. Judgment agreed upon by the parties was entered, awarding to the defendant one-half of all the lands in controversy, and awarding the other half to Charles S. Hamilton as trustee for the public, with the under- standing that he would hold and convey these lands for railroad uses. as he afterwards did.
The progress of the new railroad was now rapid. The Cali- fornia Southern Railroad was chartered October 12, 1880, for the construction of a railroad from National City to San Ber- nardino. The officers were: President, Benjamin Kimball, of Boston; vice-president, M. A. Luce, of San Diego, directors, George B. Wilbur, Lucius G. Pratt, John A. Fairchild, Frank
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TEMECULA CANYON WASH-OUT
A. Kimball; attorney, M. A. Luce. In November the delivery of the escrow notes began, and construction work proceeded rap- idly. By March, 1881, the grading was completed between San Diego and National City, and there was a gap of sixty miles between the two grading camps north of San Diego.
The first rail was laid at National City in June, 1881, and on July 27th the first train, a "special," left that place. On November 2, 1882, a circular of the railroad company announced the completion and opening of the road to Colton, and stated that the directors had decided to extend it to San Bernardino. It was opened to the latter point on September 13, 1883.
Thus far, all appeared to be going well, but there was more trouble in store for San Diego and its railroad hopes. In Feb- ruary, 1884, a series of violent storms descended and literally destroyed the section of the railroad through Temecula Canyon, carrying out thirty miles of track. Between Oceanside and Temecula there was scarcely a hundred yards of track left, and the timbers were seen one hundred miles at sea. The road had been built too low by eastern engineers who did not understand the action of torrential streams in a bare and rocky soil.
For nine long months San Diego was without rail communi- cation with the rest of the world after its brief taste of that luxury. Many feared that the road would never be rebuilt, and left the city in consequence. The company was without funds, and the amount needed to repair the damage was about $250,000. At length, funds were raised by means of a second mortgage and the location through Temecula Canyon was improved, but only to be abandoned. A new line was built up the coast to San Juan Capistrano and Santa Ana and the direct route by way of Temecula Canyon permanently abandoned. From that time forward the Santa Fé Railroad ceased to serve the purpose which the people of San Diego had in mind when they contrib- uted their subsidy-the purpose of developing a seaport as the direct outlet of a true transcontinental railway-but this was not fully appreciated at the time.
Aside from the disastrous flood, there was another serious con- dition which arose to mar the prospects of a through line. This was the fact that the Southern Pacific had acquired some degree of control in the Atlantic & Pacific and proceeded to construct a road from Mojave to Needles. For a time, this looked like a death blow to the California Southern, thus apparently deprived of all hope of an Eastern connection and compelled to build an expensive connecting link, 300 miles long, over a mountainous and desert country from San Bernardino, even to connect with a semi-hostile road at Barstow. This difficulty was finally dis- solved when the Santa Fé regained control of the Atlantic &
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HISTORY OF SAN DIEGO
Pacific and compelled the Southern Pacific to relinquish the road from Needles to Barstow by threatening to parallel the track if they tried to keep them out any longer.
Confidence now revived, the work was completed, and the first through train left San Diego November 15, 1885. It con- sisted of one passenger coach, with an engine, mail and express car. The engineer was A. D. Xander; the fireman, E. W. Boyd ; conductor, Clarence Henderson ; baggage agent, Mr. Schuman ; express messenger, E. A. Harvey, and mail clerk, A. A. Robin- son. About a hundred people were at the depot to see the train off. The first through train arrived November 21, 1885, in a pouring rain. It brought about sixty passengers, all but fifteen of whom were for San Diego. This train was received at San Bernardino with fireworks and at Colton by a large number of citizens and a brass band. It consisted of two coaches, with mail and baggage cars.
The people of San Diego now felt that, at last, their cup of joy was full, and proceeded to celebrate. Douglas Gunn, on behalf of the Chamber of Commerce, issued the following invitations :
Dear Sir:
SAN DIEGO, CAL., OCTOBER, 1885.
You are respectfully requested to be present at the celebration of the opening of the through railway line of the Atchison, Topeka & Santa Fé system to the Pacific Ocean, at the port of San Diego, to be held in this city on Wednes- day, November 18, 1885. .
The completion of this line, establishing a fourth great high- way between oceans in the United States, is an event whose importance, not alone to this city, but to the State and coast, cannot be overestimated.
The people of San Diego, with persistent energy and stead- fast faith, have for a long period of years looked forward to the day that is now so close at hand. They will cordially greet you at their jubilee.
I am very respectfully,
DOUGLAS GUNN, Chairman Committee on Invitations.
This celebration is remembered as a very joyous occasion, and doubtless the hearts of the old campaigners who had been through the Texas & Pacific and Memphis & El Paso, if not through the San Diego & Gila, campaigns, melted within them as they recalled the hard-fought contests of the past and real- ized that, at last, victory had consented to perch upon their standards.
But alas ! Fate had not yet done her worst. In the language of an amusing, if not classical, poet :
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BAD FAITH OF THE SANTA FE
O fate, thou art a lobster, but not dead! Silently dost thou grab, e'en as the cop Nabs the poor hobo, sneaking from a shop With some rich geezer's tile upon his head. By thy fake propositions are we led To get quite chesty, when it's biff! kerflop! We take a tumble and the cog wheels stop, Leaving the patient seeing stars in bed.
The utter bad faith of the Santa Fé as a corporation-not necessarily the bad faith of individuals, for individuals die, resign, or fall from power-was gradually demonstrated to the satisfaction of those of even the dullest understanding. First, the dream of steamships and Oriental commerce faded away. No steamships were provided and, in later years, when com- merce came across the ocean to the city's gates, the Santa Fé Railroad drove it away by prohibitive rates. Next, the "grand terminal" for which much material had actually been assembled, melted away into thin air and it became apparent that no such terminal was intended to be established on the Bay of San Diego. At last, the shops and offices were removed to San Ber- nardino and Los Angeles. This last stroke was not inflicted brazenly, but with a show of good intentions which softened the blow, yet made no difference in the result. In the spring of 1889 the Chamber of Commerce was asked to meet officials of the Santa Fé to discuss an important matter. Judge M. A. Luce is authority for the following account of the affair:
The meeting was addressed by the manager of the Califor- nia Southern Railroad and Judge Brunson, the general counsel of the railroad. They wished to have the general offices of the company removed to Los Angeles, especially the general freight offices, which still remained in San Diego. They wished this done with the full approbation of the City of San Diego; and as an inducement to do this, they both alleged and prom- ised that the railroad would immediately take steps to reduce the Sorrento and Del Mar Grade, either by tunnel or new line, so that freights could be carried from San Diego to Los An- geles, at cheaper rates. They also promised to extend their wharf facilities in the city, which to some extent, they have carried out. And it was stated that their object in changing the general freight office to Los Angeles was to encourage the commerce between the two cities, so that the San Diego har- bor should be used for the freighting business of Los Angeles.
Of course, the people of San Diego consented; and, equally of course, the promises which induced them to do so were dis- regarded by the great corporation. There have been some feeble efforts to compel the railroad to do justice, and to fulfill the agreement by means of which the communities about the Bay were induced to present a rich subsidy to the frenzied
408
HISTORY OF SAN DIEGO
financiers of Boston. These efforts came to nothing. The rail- road has its way, promoting growth where it favors growth, compelling stagnation where its interest will be served by that condition, and making the interests of communities and the happiness of men conform to the rules of the game its masters are playing in distant financial marts.
Notwithstanding these untoward conditions, San Diego has grown and continues to grow, and the coming of the Santa Fé exerted a large influence on its fortunes. If the power of the railroad had been exerted on the side of the city, as the people had a right to suppose it would be when they subsidized it for twice its entire cost, this history would have been different in many respects.
The articles of agreement between Frank A. Kimball and the Boston syndicate seem well worthy of preservation, in view of the fact that the subsidy was paid and the railroad built-the only instance of the kind resulting from the many similar efforts in the history of the city, from 1845 to 1907. The following is the full text of the instrument :
ARTICLES OF AGREEMENT made this twenty-third day of July A. D., 1880, by and between Frank A. Kimball, rep- resenting himself, the firm of Kimball Brothers, the Chamber of Commerce, the Board of City Trustees, and prominent citi- zens of the City of San Diego in the State of California, party of the first part and Kidder, Peabody & Co., B. P. Cheney, George B. Wilbur, Lucius G. Pratt, and Thomas Nick- erson all of Boston, Massachusetts, party of the second part, witnesseth:
That whereas the party of the first part desires to obtain railroad connection from the Bay of San Diego to the eastern part of the United States, and in and of the same, is able and willing to donate the lands, privileges and franchises herein- after mentioned. And whereas the party of the second part is willing to furnish such connection and receive such donation.
Now therefore, in consideration of the premises and their respective undertakings hereinafter set forth, and of one dol- lar to each paid by the other, receipt acknowledged, said parties mutually agree as follows:
Article 1 .- The party of the first part will convey or cause to be conveyed by good and sufficient deeds in fee simple, free from all incumbrances except taxes due on the first Monday in January, 1881, to Henry B. Williams of San Francisco, John A. Fairchild, and Warren C. Kimball, both of said San Diego and all of the State of California, trustees, the several parcels of land and the several privileges and franchises herein- after set forth, namely:
(a) In behalf of Kimball Brothers; ten thousand acres of land in Rancho de la Nacion made up and selected as fol- lows :- Fractional quarter sections one hundred and seventy- five (175) and one hundred and seventy-six (176), according to
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THE KIMBALL CONTRACT
survey and patent of the United States now on file and of record in the county of San Diego, said fractional quarter sec- tions giving one mile front upon the water of San Diego Bay, and all the land running back from said water front to such a distance as to embrace in all (exclusive of land heretofore sold which does not exceed twenty acres) two hundred acres, being the land heretofore bonded to a representative of the Texas Pacific Railroad Company together with such additional quantity of land south of National City, adjacent thereto, in
WARREN C. KIMBALL
Associated with his brother, Frank A. Kimball in his successful efforts toward bringing the Santa Fe road here, and in the founding and building of National City
such convenient shape as shall be required for workhouses, ma- chine shops, warehouses, wharves and other appurtenances of the line of railroad hereinafter mentioned; and also together with all the riparian rights appertaining to the lands agreed to be conveyed and to any and every part thereof.
One half equitably selected of all the unsold portions of National City, being from one hundred fifty (150) to one hun- dred seventy-five (175) blocks of two and one-half acres each measuring through the centers of the streets as laid down on the plan of said National City.
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HISTORY OF SAN DIEGO
Also south of National City, quarter sections 174, 179 and 160, and so much of quarter sections 173, 180 and 161 as may be necessary in the judgment of the engineers of the party of the second part, to control the channel of Sweetwater River, and then selecting alternate half miles of water front, meas- uring on the base line, said Kimball Brothers making the first selection, until two miles of water front (as near as may be) have been taken south of National City (making about three miles of water front in all) and then starting from said water front and running back, selecting tracts alternate (as near as may be) exclusive of those parcels already conveyed to sun- dry persons, until the full complement of ten thousand acres, as aforesaid, has been completed. Together with all tide lands and riparian rights belonging to or in anywise appertaining thereunto and to any and every part thereof.
The selections above referred to shall be made by mutual agreement between said Frank A. Kimball, and the party of the second part, or in case of dispute, by three persons chosen one by each of the parties hereto, and one by the two thus chosen, and the decision of a majority of them shall be final.
(b) On behalf of A. Overbangh, O. S. Witherby and L. C. Gunn, about forty-five hundred (4500) acres of land in San Diego, being the same tract conveyed to said Overbaugh, With- erby and Gunn, by Charles S. Hamilton by deed recorded with San Diego deeds, to which reference is had for more particular description.
(c) About three hundred scattered blocks and lots in the city of San Diego and about five thousand acres of land in and aronnd the same, all of which now stand in the name of George B. Wilbur, as shown by sundry deeds in escrow in the hands of Bryant Howard and E. W. Morse of San Diego.
(d) The party of the first part also agrees to contribute the sum of ten thousand dollars to be used for the purchase of right-of-way and lands for depots, shops, water and other sta- tions on the line which the party of the second part may adopt for the proposed railroad and for the general purposes of said railroad.
Article 2 .- The party of the second part will form a com- pany and will build a railroad of standard guage, four feet eight and one-half inches, from said Bay of San Diego to a con- nection with the Atlantic and Pacific Railroad in California.
And the party of the second part or the company to be formed as aforesaid shall begin work at the earliest practic- able moment, and shall before January 1, 1881, construct twenty miles of said railway, starting from San Diego Bay, or shall perform an amount of work upon said proposed line. and enter into contracts for said line in good faith, equivalent to the building of said twenty miles before said date; said work to be done and contracts made to be not less than two- hundred and fifty thousand dollars in amount; and shall be- fore January 1, 1882, construct not less than one hundred and sixteen (116) miles of said railway starting from said Bay of San Diego, and shall complete said connection with the At- lantic and Pacific Railroad as soon as practicable and at a date not later than the first day of January A. D. 1884. Pro-
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THE KIMBALL CONTRACT
vided, however, that before forming said company or begin- ning said work, the following things shall be done and the party of the second part notified thereof, namely:
First. The lands and appurtenances from said Kimball Brothers and from said Overbaugh, Witherby and Gunn shall be conveyed as aforesaid to said trustees.
Second. The grantors in the several deeds to George B. Wilbur now in escrow with said Howard and Morse shall in writing direct the said Howard and Morse and the said How- ard and Morse shall in writing agree to deliver said deeds to said Wilbur on or before January 1, 1881, upon the com- pletion of said twenty miles or its equivalent in the man- ner and terms aforesaid; said Wilbur hereby agreeing to quit- claim said lands to said party of the second part.
Third. The sum of not less than ten thousand dollars in cash or its equivalent, shall be deposited with said trustees to be paid to the order of the party of the second part from time to time for the purchase of right-of-way and lands as aforesaid and for the general purposes of said railway; and the party of the second part shall be notified as aforesaid on or before September 1, 1880.
Article 3 .- Said trustees shall upon the demand of the party of the second part, after the completion of said twenty miles or its equivalent, as aforesaid convey to the party of the sec- ond part or said company one-half of all the lands hereinbe- fore described and conveyed to them as aforesaid; and upon the completion of said one hundred and sixteen miles, said trustees shall upon the demand of the party of the second part convey to said party or to said company all the re- mainder of said lands and appurtenances, free and discharged of all trusts,
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