USA > California > San Mateo County > History of San Mateo County, California, including its geography, topography, geology, climatography, and description, together with an historical sketch of California; a record of the Mexican grants; the early history and settlement, compiled from the most authentic sources; some of the names of Spanish and American pioneers; legislative history; a record of its cities and towns; biographical sketches of representative men; etc., etc > Part 18
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In the spring of 1848 the treaty of peace was signed by which California was annexed to the United States, and on the first day of September, 1849, the first constitutional convention was commenced at Monterey. The first legislature met at San José, December 13th, 1849, as we have elsewhere shown, while settlers commenced to arrive in that year in such numbers, and have since so steadily increased, that it has been an utter impossibility to follow them.
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HISTORY OF SAN MATEO COUNTY.
With the establishment of American rule, courts of justice were inaugurated and the machinery of government set in motion; with the offices came the proper officials, since when San Mateo county has flourished in a wonderful degree.
Some time during the early part of the fall of 1849, M. A. Parkhurst and Mr. Ellis arrived at Woodside, and, after looking over the ground, concluded to commence the manufacture of shingles at that place. They returned to the city, and bought their provisions and the necessary implements. On the even- ing before starting back to Woodside, a conversation between them, in which they were canvassing the prospects of their undertaking, and the advantages of the location they had selected, was attentively listened to by Dr. R. O. Tripp. He asked the privilege of accompanying them to their new camp. It was granted, and, although the doctor was sick at the time, he took passage on the boat that was to carry their goods. From the landing, at San Mateo county, he engaged a teamster to take him to the camp, where he arrived on the 29th of October in the same year. Parkhurst and Ellis carried on the business until December, 1849, when they closed it up, and opened a store in the same locality, taking Dr. Tripp into partnership. The merchandising venture was a success, and still survives in the hands of Dr. Tripp.
1850 .- It was during this year that uncle John Otterson, who is still living, and well known in San Mateo county, settled in the redwoods. Otterson was born at Truro, Nova Scotia, May 5th, 1805. During the spring of 1850 there followed him: David S. Cook, Lloyd Ryder, John Franklin, Nicholas Dupoister, and Perry Jones. In order to preserve the roll of honor as complete as possible, and to assist in perpetuating the memory of those whose courage and energy contributed toward subduing the wilds of California, and transforming it into a garden of beauty-at least so far as San Mateo county is concerned-their names, as far as it has been possible to collect them, are here presented, and in the order of the date of their arrival: In 1851, Dr. Post. There were doubtless others; he seems to have been best remembered. In 1852, George Williamson, David Haver, A. S. Easton, John Donald, John G. and George Moore, and A. E. Eikerenkotter. In 1853, Andrew Teague, James Stalter, Jacob Downing, L. Chandler, John H. Sears, S. P. Pharis, Michael Commer- ford, Alexander Moore, T. W. Moore, Richard Vestal, Henry Ryan, G. R. Borden, John Rader, Joshua Pool, T. W. Macondray, and Thomas Johnson. In 1854, B. V. Weeks, Jeff. Keiffer, W. W. Durham, Thos. H. Beebe, W. S. Downing, Thos. Knight, H. Garnot, and William Hughes. In 1855, Gabriel Bell, George W. Fox, E. P. Mullin, L. G. Durham, John Tully, and Jo. Tompkins. In 1856, Daniel Ford, John Hanley, Braddock Weeks, L. B. Casey, J. P. Ames, Henry Wurr, James Wilson, Thomas Shine, and William Lloyd. In 1857, Martin Kuck, E. C. Burch, J. Quentin, Peter Casey, James Dempsey, Eugene Walker, and E. L. Johnson. In 1858, William McNulty
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and Edward Robson. In 1859, H. B. Thompson, W. H. Gardner, Otto Dur- ham, A. F. Green, and John Garretson. In 1860, George H. Rice, Win. Jack- son, J. B. Hollinsead, George W. Morrell, John Ralston, Lawrence Kelly, Bryan Cooney, Robert Ashmore, I. R. Goodspeed, Wm. Prindle, and James Hatch. In 1861, John Christ, Loren Coburn, M. Woodham, R. M. Mattingly, and George W. Green. In 1862, D. G. Leary, L. Murray, R. E. Steele, J. B. Harsha, Isaac Steele, Richard Cunningham, A. H. Halliburton, Jason Wright, and S. G. Goodhue. In 1863, Albert Hanson, H. W. Walker, G. W. Baldwin, M. H. Pinkham, Alfred Fay, Thomas Coleman, and D. Murphy. In 1864, A. Melrose, B. Hayward, Thos. H. Perry, John Johnston, M. K. Doyle, Wm. B. Hartley, and John S. Colgrove. In 1865, R. C. Welch, John McCormack, George Winter, and Hugh McDermott.
During the period in which San Mateo county formed a part of San Fran- cisco county, nothing of special importance occurred, except the boiler explosion of the steamer Jenny Lind, in the bay, opposite Pulga Rancho, while on the trip from San Francisco to Alviso, resulting in the death of thirty-one persons. This happened in 1853. It was during this year, also, that the Carrier Pigeon met her sad fate, on the coast, near the place that has ever since been called Pigeon Point.
We now leave the history of the early settlement of San Mateo county, with the hope that readers may find something in what has been presented to recall in some, cherished recollections of a fading past, and to afford to others at least a passing entertainment, and something that will be interesting to all.
THE ORGANIZATION OF THE COUNTY .- The first organization of counties in the United States originated in Virginia, her early settlers becoming proprietors of vast amounts of land, living apart in patrician splendor, imperious in de- meanor, aristocratic in feeling, and being in a measure dictators to the labor- ing portion of the population. It will thus be remarked that the materials for the creation of towns were not at hand, voters being but sparsely distributed over a great area. The county organization was, moreover, in perfect accord with the traditions and memories of the judicial and social dignities of Great Britain, in descent from which they felt so much glory. In 1634 eight counties were established in Virginia, a lead which was followed by the South- ern and several of the Northern States, save in those of South Carolina and Louisiana, where districts were outlined in the former, and parishes, after the manner of the French, in the latter.
In New England, towns were formed before counties, while counties were organized before States. Originally, the towns, or townships, exercised all the powers of government swayed by a State. The powers afterwards assumed by the State governments were from surrender or delegation on the part of towns. Counties were created to define the jurisdiction of courts of justice.
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The formation of States was a union of towns, wherein arose the representative system; each town being represented in the State legislature, or general .court, by delegates chosen by the freemen of the towns at their stated meet- ings. The first town meeting of which we can find any direct evidence, was held by the congregation of the Plymouth Colony, on March 23d, 1621, for the purpose of perfecting military arrangements. At that meeting a Governor was elected for the ensuing year; and it is noticed as a coincidence, whether from that source or otherwise, that the annual town meeting's in New England, and nearly all the other States, have ever since been held in the spring of the year. It was not, however, until 1635, that the township system was adopted as a quasi corporation in Massachusetts.
The first legal enactment concerning this system provided that, whereas, " particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own towns; therefore the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns; to grant lots and to make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders established by the general court. They might also impose fines of not more than twenty shillings, and choose their own particular officers, as constables, surveyors for the highways, and the like." Evidently this enactment relieved the general court of a mass of municipal details, without any danger to the powers of that body in controlling general measures of public policy. Probably, also, a demand from the freemen of the towns was felt for the control of their own home concerns.
The New England colonies were first governed by a " general court," or legislature, composed of Governor and small council, which court consisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which was limited only by the wisdom of the holders. They made laws, ordered their execution, elected their own officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations; and, in fact, transacted all the business of the colony. This system, which was found to be eminently successful, became general, as territory was added to the republic, and States formed. Smaller divisions were in turn inaugurated and placed under the jurisdiction of special officers, whose numbers were increased as time developed a demand, until the system of township organiza- tion in the United States is a matter of just pride to the people.
Let us now consider this topic in regard to the especial subject under review :
On the acquisition of California by the Government of the United States, under a treaty of peace, friendship, limits, and settlement with the Mexican re- public, dated Guadalupe Hidalgo, February 2d, 1848, the boundaries of the State
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were defined. This treaty was ratified by the President of the United States ou March 16th, 1848; exchanged at Queretaro, May 30th, and finally promulgated July 4th, of the same year, by President Polk, and attested by Secretary of State, James Buchanan. In 1849, a constitutional convention was assembled in Monterey, and at the close of the session on October 12th, a proclamation calling upon the people to form a government was issued, "to designate such officers as they desire to make and execute the laws; that their choice may be wisely made, and the government so organized may secure the permanent wel- fare and happiness of the people of the new State, is the sincere and earnest wish of the present executive, who, if the constitution be ratified, will, with pleasure, surrender his powers to whomsoever the people may designate as his successor." This historical document bore the signatures of "B. Riley, Bvt .- Brig. General, U. S. A., and Governor of California," and " official-H. W. Halleck, Bvt .- Capt., and Secretary of State."
In accordance with section fourteen of article twelve of the constitution, it was provided that the State be divided into counties, and senatorial and assem- bly districts, while the first session of the legislature, which began at San José, on December 15th, 1849, passed, on February 18th, 1850, " An Act sub- dividing the State into counties and establishing seats of justice therein."
Although our territory constituted a part of San Francisco county, owing to the preponderance of population and influence in the city, the southern and rural portion of the county played an unimportant part in its?politics and government.
Our sole representation was in the board of supervisors. The county was so districted that what is now San Mateo county (excepting, of course, the territory acquired from Santa Cruz in 1868), comprised three districts, and the members of the San Francisco board coming from these during the six years of our common government were as follows:
1850-John Treat from the 1st district, Francisco Sanchez from the 2d, and R. O. Tripp from the 3d.
1852-William McLane from the 1st district, - Musgrove from the 2d, and - Hill from the 3d.
1854-James P. Casey from the 1st district, - Musgrove from the 2d, and Andrew Teague from the 3d.
The courts of record were of course held in San Francisco, but it would be a mistake to suppose that the majesty of the law was without fit representatives in this locality.
Owing to the distance to, and difficulty of easily reaching the county seat, it was all the more important that the justices of the peace here should " magnify their office " and stretch their jurisdiction to the utmost bounds. This they unquestionably did, and some ludicrous incidents are related of these early justices, who, in their zeal to afford the residents of this part of the county
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speedy and inexpensive justice and redress for infraction of rights to all man- ner of property, occasionally granted divorces, tried title to real estate, and gravely passed upon questions of constitutional law.
San Mateo county was born out of troublous times. The excitement conse- quent upon the discovery of gold had brought to our shores people of almost every kindred and tongue under the heavens, and organization of society with more heterogeneous elements than were here represented was never attempted.
San Francisco county was well-nigh overcome by the cormorants of society . There were not enough offices in existence to afford them the spoils they desired, and increased opportunities for plunder were eagerly sought.
With the design of affording the well-disposed citizens of San Francisco more adequate safeguards for person and property, the Hon. Horace Hawes, in the spring of 1856, introduced into the State senate a bill entitled " An Act to repeal the several charters of the City of San Francisco, to establish the bound- aries of the City and County of San Francisco, and to consolidate the govern- ment thereof." This is commonly known as the " Consolidation Act," and, although drafted by a lawyer famous for his astuteness, omits in the title and in the enacting clause a very important subject of legislation-namely, the creation of a new county. The above bill was enacted a law and received the Governor's approval April 19th, 1856, and, inasmuch as a portion of it consti- tutes what was intended to be the organic Act of the county, that portion is herewith given.
"SECTION 9-Subdivision 1. There shall be formed out of the southern portion of the county of San Francisco a new county, to be called San Mateo.
Sub. 2. The boundaries of the county of San Mateo on all sides, except the north, shall be identical with those of the county of San Francisco, as they existed on the 18th day of March, 1856. The said County of San Mateo shall be bounded on the north by the City and County of San Francisco.
Sub. 3. The seat of justice shall be at such place as may be determined by the qualified electors of the county at the election for county officers as pro- vided by this Act.
Sub. 4. There shall be an election held for county officers and to determine the county seat in said county of San Mateo, on the second Monday in May of the present year (1856).
Sub. 5. At the election mentioned in the preceding subdivision of this section, there shall be chosen a board of supervisors, consisting of three per- sons; one county judge, one county attorney, one county clerk, who shall be ex-officio county recorder; one sheriff, one county surveyor, one assessor, one treasurer, one coroner, and one public administrator; also a place to be the seat of justice.
Sub. 6. John Johnston, R. O. Tripp, and Charles Clark are hereby appointed
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as a board of commissioners, to act without compensation, in the organization of said county of San Mateo, with powers and duties as hereinafter provided.
Sub. 7. The laws of a general nature now in force, regulating elections in this State, shall apply to the election ordered by this section, except that the above board of commissioners, in the preceding subdivision of this section appointed, shall designate the election precincts, appoint the inspectors and judges of election, issue the several certificates to the persons elected, and declare what place receives the highest number of votes for county scat.
Sub. 8. Said board of commissioners shall hold their first session for the transaction of business at the house of Edward Hancock, Redwood City, in said county .
Sub. 9. The said board of commissioners shall meet on the Monday two weeks previous to election. At such meeting said board shall appoint one of their number president, and one as clerk. A record of their proceedings shall be kept. The attendance of a majority of the members of the board shall be necessary for the transaction of business. At said meeting the board shall designate the precincts of the county, and appoint inspectors and judges of such precincts, and give notice at each of the said precincts.
Sub. 10. Sealed returns from the officers of election may be delivered to any member of said board. The said board shall meet on the second day subsequent to the election at the house of Edward Hancock, Redwood City, and the returns shall then be opened and read; and under their direction, and in their presence, a tabular statement shall be made out, showing the vote given at each precinct of the county for each person. and for each of the offices to be filled at the election, and also the entire vote given for each person, and in the county for county seat, and for what place, or places, cast. The statement made out by such board shall be signed by its president and clerk. The place for which the highest number of legal votes shall be found to have been cast shall be the county seat. The persons having the highest number of legal votes for the several offices to be filled shall be declared elected; and the presi- dent shall immediately make out and send or deliver to each person chosen a certificate of election, signed by him as president of the commissioners, and attested by the clerk.
Sub. 11. The county judge shall qualify before the president of the board, and enter upon the discharge of the duties of his office on the day succeeding the meeting of the board, as provided in the preceding subdivision. The persons elected as county officers, as provided in this section, shall qualify before the county judge, within ten days thereafter, and enter upon the dis- charge of their duties.
Sub. 12. The president of the board shall transmit, without delay, a copy of the tabular statement, prepared as provided for in the tenth subdivision of this section, to the Secretary of State. The election returns of the county and
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a duplicate tabular statement shall be furnished to, and retained by, the county judge of the county until the person elect as clerk of said county has qualified and entered upon his duties, after which they shall be filed in his office.
Sub. 13. The county judge chosen under the provisions of this section shall hold office for four years from the next annual election for members of the assembly, and until his successor is elected and qualified. The other officers elected under the provisions of this section shall hold their respective offices for the term fixed by law, commencing from the next annual election for members of the assembly.
Sub. 14. The county judge shall receive for his services one thousand dollars per annum.
Sub. 15. The county of San Mateo shall be and form a part of the twelfth judicial district of this state.
Sub. 16. The board of supervisors of San Mateo county shall have power to levy a special tax, not to exceed fifty cents on each one hundred dollars of valuation of taxable property of said county, to be assessed and collected as other taxes, and the fund arising from said special tax shall be applied solely to the erection of a jail and court house for said county of San Mateo. The board of supervisors shall also have power to levy and collect, each year, in the mode prescribed by law for assessment and collection of State and county taxes, npon all the taxable property therein, such amount as they may deem sufficient to provide for the current expenses of the county, provided that the amount so levied, exclusive of State and school tax, shall not in any one year exceed the rate of fifty cents on the one hundred dollars upon all taxable property, real and personal, upon the assessment roll. But neither the board of supervisors, nor any officer or officers of the said county of San Mateo, shall have power to contract any debt or liability, in any form, against the said county, nor shall the said county nor any person or property therein ever be liable for any debt or liability contracted or attempted to be contracted. This prohibition, however, shall not be construed to prevent the said board or officers from appropriating and paying out moneys actually existing in the treasury to the various objects as authorized by law.
Sub. 17. All township officers chosen at the general election for San Fran- cisco county, whose districts, by the provisions of this section, may be included in the present limits of San Mateo county, shall continue to hold their respec- tive offices for said county of San Mateo during the term for which they were elected, and until their successors are elected and qualified.
Sub. 18. The clerk and recorder of San Francisco county, upon applica- tion of any person and payment of the fees, shall furnish certified copies of all deeds or other papers recorded in their.offices, wherein the subject matter of such deeds or other papers are situated in San Mateo county.
Sub. 19. All actions or proceedings in the nature of actions, whether
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original or on appeal, civil or criminal, that were commenced by a party or parties now residing within the limits of San Mateo county, shall be disposed of by the tribunals and officers having jurisdiction of the same in San Fran- cisco county; and nothing in this section contained shall be so construed as to affect any such action.
Sub. 20. It shall be the duty of the county surveyor, under the instruction and direction of the board of supervisors, to mark the boundary line between the city and county of San Francisco and county of San Mateo, and for such services he shall receive such compensation as may be allowed by law. The said county of San Mateo shall remain connected with the city and county of San Francisco, as heretofore, for all purposes connected with representation in the Legislature and the election of members thereof, which shall remain as heretofore established by law.
SECTION 10. This Act, excepting this section and section five of article first only, shall take effect on and after the first day of July next, and in the mean- time the existing municipal government or officers of the city and county of San Francisco, or the board of supervisors, or other officers of the city and county of San Francisco, shall not have power to contract any debt or liability against the said city or against the said county. But this prohibition, or any- thing contained in the existing charter of said city, shall not be construed to prevent the appropriation or payment out of the treasury of any moneys actually existing therein to the various objects and purposes, as authorized by law, or the drawing of any warrant or order therefor. This section and section five of article first of this Act shall take effect immediately after its passage."
Here was another golden opportunity. The viciously disposed-those whose conduct had called into existence the famous vigilance committee-saw a list of offices to be filled and a county to be plundered. The opportunity which the second Monday in May afforded was not to be lost. The election was held, and the result was astonishing. No one had conceived of the voting capacity the little county possessed. More than two thousand votes were cast for a total population of less than five thousand. This vote, which has never since been equaled in the county, although the population and material resources have very largely increased, was swelled to the above proportions by the north- ern precincts, and those under the dominant influence of the rabble that wel- comed the election as the means of plundering the people's treasury under the form and guise of law and authority.
With the most shameless disregard of the citizens' right to a fair election, in certain precincts the polls were taken possession of by crowds of men whose residence in the county had not exceeded twenty-four hours, and ballot-boxes were stuffed with unblushing effrontery. In short, the first election held in
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San Mateo county was a mere farce, involving serious, almost tragic, conse- quences. At the polls the rabble was victorious, so far as polling a majority of votes for its favorite candidates wsa] concerned, but the fruits of victory were reserved for future distribution. The organic Act provided that the commissioners should meet at the house of Edward Hancock, in Redwood City, on the second day after the election and canvass the returns. R. O. Tripp, one of the commissioners, had from the first refused to participate in this attempted organization of the county, but his colleagues, Clark and John- ston, on the day specified, appeared in the parlors of the American House, and proceeded to ascertain and declare the result of the election.
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