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 19
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The men who had stood at the polls and perpetrated the most outrageous frands, came now before the commissioners, and, with brandished weapons, demanded a fair count, or, in other words, demanded that their nominees be counted in. The names of many of these men were familiar to the vigilance committee of San Francisco, and their presence everywhere was the harbinger of disorder and lawlessness.
The offices in which they were especially interested were those of sheriff and supervisors. Their candidate for the former was Barney Mulligan, brother of the notorious Billy Mulligan, and their candidates were of the same unsavory class, although there were some honorable exceptions. At this canvassing the Mulligans, Chris. Lilly, and McDougall, were conspicuous by their violent and riotous demonstrations. The commissioners attempted to canvass the returns with closed doors; but they were forced open by a crowd of as villainous-look- ing men as ever contemplated the loss of personal liberty from behind prison bars. Papers were seized and proceedings arrested, with a probability that the commissioners would be unable to complete their duties. The occasion of this violent interruption was the rumor that the gang's candidate for sheriff was being "counted out," but, upon representations that the contrary was the truth, the deliberations of the board were permitted to proceed.
As an incident of this day's lawlessness may be mentioned the fact that Billy Mulligan, seeing what he supposed to be a package of ballots in favor of his brother's adversary, seized it and was abont tearing it in pieces, when, some one suggesting that they were in faror of Barney, he quietly returned them.
As it was, a good many ballots were lost and destroyed, but out of the number polled the loss of a few hundred was of no material consequence. Lilly's headquarters, for instance, gave five hundred votes, when there were less than fifty male adults residing in the precinct, and two hundred and ninety- seven names were upon the list from Crystal Springs to represent less than twenty- five qualified voters. It was afterwards discovered that some of the lists were nearly identical with lists of the mail passengers on the Panama steamers that had arrived in San Francisco about that time.
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This memorable day's proceedings were finally terminated, and the commis- sioners announced that Belmont had been chosen as the future seat of justice; Ben. F. Fox, county judge; W. T. Gough, district attorney; Barney Mulligan, sheriff ; Robert Gray (Lilly's bar-keeper), county clerk; Wm. Rogers, treasurer; John Johnston, Chas. Clark, and Benj. Fenwick, supervisors; Chas. Fair, assessor; and A. T. McClure, coroner.
Of course the respectable citizens of the new county regarded this election as a high-handed outrage, and such men as Benj. G. Lathrop and John W. Ackerson were present at the commissioners' meeting, and were not at all back- ward in expressing their opinion of the ballot-box stuffers and the result of the election. Accordingly, when the vote was announced, steps were immediately taken by Lathrop, Ackerson, and others to contest the election, and when the county court convened at Belmont, on June 10th, 1856, the case of Ackerson rs. Mulligan was taken up, as a test generally of the validity of the election. Messrs. Lake and Duer appeared for the plaintiff, and Mr. Richards for de- fendant. After a full hearing of the case, the returns from three precincts were rejected, which so changed the aspect of affairs that Redwood City was declared the county seat; J. W. Ackerson, sheriff ; B. G. Lathrop, clerk; Curtis Baird, treasurer; S. B. Gordon, assessor; and James Berry, supervisor, in place of Benj. Fenwick. These officers immediately qualified, and the archives of the county were removed to Redwood City.
But the example of appealing to the judiciary was imitated by the opposition, and soon after the above decision a countershot was fired by John McDougall, who brought suit in the Twelfth District Court against John Johnston, to try the right of the defendant to the office of supervisor. The District Court gave judgment for defendant, but on appeal to the Supreme Court the judgment was reversed. Justice Heydenfeldt delivered this brief but important decision : " The Act of April 19th, 1856, to repeal the several charters of the city of San Francisco, etc., did not go into effect until the first day of July, 1856. Sec. 4 of the schedule of that Act which provides for an election in the county of San Mateo, to take place on the second Monday of May, 1856, was not law until the succeeding July, and therefore was no warrant for holding the election which took place, and the election consequently conferred no rights. The judgment is reversed, and the District Court is directed to enter judgment for the plaintiff, ousting the defendant of his office."
This decision was rendered at the October term, 1856, but in the meantime the machinery of the county government had been put in full operation; courts had been held and judgments rendered, assessments had been made and taxes collected. The consequences, however, of abandoning the offices and allowing the complete disorganization of the government was felt to be more hazardous than to continue the de facto government until the offices could be filled at the next general election in November. Without proclamation, and consequently
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again without law, the election for county officers was held and resulted in retaining the former incumbents in office. No votes were cast, however, for supervisor in the first and second townships, and thereupon the clerk, believ- ing that a vacancy existed in these two offices, called a special election, at which David S. Cook and D. W. Connelly were elected and immediately there- after took their seats in the board.
It will be observed that a series of blunders had been committed -some of them almost inexcusable-and nothing less than the sovereign power of the legislature could now cure the errors and extricate the county from the com- plications into which it had fallen. Accordingly when the legislature assem- bled in 1857, it promptly passed an act that was designed as a panacea for all the ills of administration the young county had suffered. The bill was entitled:
" An Act relating to the official acts of the officers of San Mateo county, and prescribing certain dues," and provided as follows:
"SECTION 1. All the official acts and proceedings of all officers elected in and for the county of San Mateo, who are now holding offices therein, and of their predecessors in office, are hereby declared and made legal and valid in all respects up to and until the next election of county officers in and for said county as though their election had been in all respects legal and valid, and until the election and qualification of their successors in office; provided, such officers have severally taken the oath of office, and shall, within fifteen days after the passage of this act, give the official bonds required by law. It being, however, expressly provided and intended that neither the county judge, nor any other officer of said county whomsoever, shall be authorized or permitted to continue in office or perform any official duty under authority of this Act, for a longer term than until the next general election, or until a special election for county officers in said county; provided, such special elec- tion shall be authorized by law prior to next general election, and until their successors shall be elected and qualified." .
This received the governor's approval March 6th, 1857.
Soon after this, the Hon. T. G. Phelps, senator from the fifth senatorial district, and resident of San Mateo county, introduced the bill that effected the proper organization of the county. It was entitled, " An Act to reorganize and establish the county of San Mateo," and was passed to a law April 18th, 1857. This act defined the southern boundary, and provided for an election to be held in the following May, as follows:
" Beginning at a point in the Pacific ocean three miles from shore, and on a line with the line of the United States survey separating townships two and three south (Mt. Diablo mountain), thence running east along said line sepa- rating said townships, to the eastern boundary line of the county of San Francisco, thence in a direct line to the middle of the bay of San Francisco opposite the mouth of San Francisquito creek; thence to and up the middle of
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said creek, following the middle of the south branch thereof to its source in the Santa Cruz mountains; thence due west to the Pacific ocean, and three miles therein; thence in a northwesterly direction parallel with the coast to the place of beginning.
"SEC. 6. There shall be an election held for all the county officers of the said county, and to ascertain the place preferred by its electors for their county seat, to be hereafter fixed by act of the legislature, on the second Monday of May next, and the officers elected at such election shall hold their respective offices until the next general election, the same in all respects as if elected at the next general election and until their successors are respectively elected and qualified as provided by law.
"SEC. 7. Redwood City shall be and remain the county seat of said county until otherwise provided by law."
In pursuance of this act, the election was held, and resulted in retaining all the former incumbents in office except Mr. Gordon, who was succeeded by C. E. Kelly, as assessor. The validity of this election was unquestionable, and the act of April 18th, 1857, properly marks the legal organization of the county.
Some doubts, however, were entertained for a time as to the duration of the terms of the officers elected, and particularly as to the office of county judge. For the purpose of removing these doubts, the governor ordered that an election be held in September, 1858. to allow the people once more to express a choice for officers.
At this election about six hundred votes were cast, but only thirty-eight for county judge. Of this number Horace Templeton received a majority, and the courts were again appealed to. A decision was not had in the Supreme Court until the January term, 1859, when it was rendered adversely to Templeton and in favor of Judge Fox.
During this litigation the rival contestants were each holding courts of the same jurisdiction, and some amusing incident's are told of these antagonistic tribunals.
This case, however, closed the series of contests in and out of court that grew out of the Act of 1856, and thenceforward the machinery of the county government moved as smoothly as could be desired.
COURT OF SESSIONS .- The records state that the Court of Sessions was organ- ized August 4th, 1856. These courts were formerly held in nearly all the counties of the State, and were composed of the county judge, assisted by two associate justices of the peace of the entire county.
The composition of the above court, as organized in Redwood City, August 4th, 1856, was as follows: Presiding judge, Benj. F. Fox; associate justices, James McCrea and Martin W. Lamb; clerk, B. G. Lathrop; sheriff, J. W. Ackerson.
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This court took cognizance of criminal cases, and its first grand jury was composed as follows: T. G. Phelps, John S. Colgrove, A. W. Chew, Daniel Ross, H. S. Loveland, John P. Edinger, Jos. Cooley, D. S. Cook, G. F. Wyman, Alex. Bailey, H. S. Austin, M. A. Judson, Andrew Martin, Austin Howard, Wm. Page, F. Z. Boynton, and Chas. Underwood.
When the court convened on August 5th, an application for license to prac- tice law was made by Horace Templeton, Esq., afterwards for a long term of years county judge, and widely known as an able, though eccentric man. The court appointed a committee, consisting of W. F. Gough and James McCabe, to examine him as to qualifications, and the committee reporting favorably, he was, on the following day, admitted to practice.
The first case tried was that of the People against Joseph Gray, in which the respondent was found guilty of "common assault," fined fifty dollars, and compelled to give bonds in the sum of five hundred dollars to keep the peace. The same day another person-Geo. W. Gaffney-was made to realize the majesty of the law by receiving a sentence to the penitentiary for one year.
The second term of the Court commenced Oct. 6, 1856, when the following persons appeard as grand jurors: W. Whitlock, S. H. Towns, J. P. Ross, C. Bollinger, R. O. Tripp, T. H. Beebe, W. Prewett, R. S. Jenkins, Jacob Down- ing, James Barmore, R. W. Tallant, A. Bentley, A. W. Rice, T. Finger, C. Prior, M. L. Brittan, W. R. Fenner, S. H. Snyder, and A. Little.
The first person in San Mateo county to receive this court's permission to become an American citizen, was Hugh Kelly, who afterwards returned the favor by serving the county as one of its supervisors.
In December a convention of justices was held for the purpose of electing two of their number members of the court. Considerable partisan feeling pre- vailed at this meeting, and five ballotings were had without making choice. J. W. Titcomb was appointed associate justice until a choice could be made, which was on the 6th of December, when John Cumming and G. R. Borden . were declared members of this court.
In the following July Mr. Borden resigned, and Wm. Languedoc was appointed to fill the vacancy.
In October, 1857, the magistrates again assembled and elected James McCrea and John Cumming, associate justices. In the following October, W. C. Cook and W. B. Maxson were chosen associates, with Horace Templeton, judge. An explanation of the appearance of Templeton's name in this connection, while B. F. Fox was Judge, will be found in another place.
In October, 1859, J. P. Ames and Wm. A. Clark were elected members of the court. At the November term of that year the grand jury found an indict- ment against David S. Terry for the killing of David C. Broderick, in a duel fought at Davis' Ranch, on the 13th day of September, 1859. On motion of
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the district attorney, a bench warrant was ordered for Terry, to be sent to the sheriff of San Joaquin county.
At this term J. P. Ames and J. W. Turner were associates. At the spring term, 1861, S. T. Tilton and J. W. Turner. From this time forth to the dis- continuance of the Court of Sessions, Horace Templeton was the presiding judge, and the associates thereafter, in the order of their appointment or elec- tion, were as follows: John Greer, L. Whittingham, Wm. Durham, J. John- ston, O. Parshall, and H. A. Scofield.
EARLY PROCEEDINGS OF THE BOARD OF SUPERVISORS .- The first meeting of the board of supervisors of San Mateo county was held at Redwood City, on the 7th day of July, 1856-present, James Berry and Charles Clark, they consti- tuting, as the record states, a majority of said board. The member not then present was John Johnston.
The first official act of this board was the appointment of James McCrea to fill a vacancy in the office of justice of the peace, caused by the resignation of Horace Templeton; and the appointment of David Marvin to fill a vacancy in the same office, caused by the refusal of John V. Reid to perform its duties.
The board then proceeded to consider " the condition of the principal road through the county," and the record states that they "unanimously" (there were two of them) decided that "said road leading from San Francisco to Santa Clara must be repaired," and, on motion of supervisor Berry, Charles Clark was authorized to contract for repairs on said road at a cost not to exceed fifty dollars. At this meeting the county clerk was instructed to purchase an iron safe for the safe-keeping of books and papers-cost not to exceed three hundred dollars.
The necessity was now considered for providing a court-room and suitable offices for the county officers, and the proposition of J. V. Diller to rent the county the necessary rooms at forty dollars per month was received and accepted. The law at that time requiring the publication of official acts of · the board, the True Californian was selected as the official organ of the county.
The second meeting of the board was held July 26th, 1856-same members present as before. Further difficulty was experienced in bestowing the judicial ermine in the first district. David Marvin refusing to qualify as justice of the peace, Martin W. Lamb was appointed. The board then proceeded to levy a tax for county purposes, and fixed it at fifty cents on the one hundred dollars, with a special tax of fifty cents for the purpose of building a court-house and jail.
August 4th, a full board met, when a tax of seventy cents for State pur- poses, ten cents for school purposes, and five cents for road purposes, was levied on each one hundred dollars. The board at this meeting resolved that
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S. B. Gordon, county assessor, was entitled to act as superintendent of schools, and he was authorized to enter upon the duties of that office.
At this time the first report of the county treasurer, Curtis Baird, was received and filed. It showed total receipts to that date to be six hundred and thirty- eight dollars, and liabilities of the county amounting to eight hundred and seventy-three dollars and ninety-two cents. During this period, and for years thereafter, the matter of roads was a question of paramount importance. Indeed, for the first ten years of the history of this board, it received more attention than all other matters combined.
The first applicant for enlarged road privileges was Emanuel Fox, who petitioned for a "cart road " to lead from his house to the public road. The board becoming satisfied that said Fox should have the road as prayed for, it was ordered that notice be given to James Clark " and the McManns" that the petition would be granted, unless said Clark and the McManns appeared and satisfied the board that it would do them an injustice to have the road laid. At this meeting a petition was presented praying for the permanent location of the main road from San Francisco to Santa Clara, and J. E. King, H. K. Dean and Jos. S. Cooley were appointed viewers.
October 13th, 1856, the board became convinced that a physician to attend the indigent sick was a necessity, and A. T. McClure was appointed county physician. The board at this session indicated the following places and the officers of the election to be held in the following November. As this was the first general election held in the county, the voting precincts and the officers of election are herewith given: .
Polling place in District No. 1, at the house of Charles Clark. Judge, Mar- tin W. Lamb; inspectors, George Smith and John Cumming ..
Polling place in District No. 2, at the San Mateo school-house. Judge, B. F. Fox; inspectors, J. B. Morton and John Donald.
Polling place in District No. 3, at Miramontez'. Judge, G. R. Borden; inspectors, Wm. Johnson and J. W. Bell.
Polling place in District No. 4, at Purissima school-house. Judge, J. E. Selleck; inspectors, Nelson Martin and Eben. Ford.
Polling place in District No. 5, at Woodside school-house. Judge, John Greer; inspectors, Daniel Ross and John H. Sears.
Polling place in District No. 6, at the court-house. Judge, Joseph S. Cooley; inspectors, H. O. Little and A. W. Chew.
It appears that the Act of 1857, reorganizing San Mateo county, materially changed the southern boundary, for, on the 12th day of June, the board held a meeting to take action on the matter, when the following resolution was passed :
" WHEREAS, The authorities of Santa Cruz county are claiming and holding jurisdiction over a portion of the territory of San Mateo county, and enforcing
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the collection of revenue which rightfully belongs to this county; it is, there- fore, ordered that the surveyor-general be notified to survey and establish said boundary at his earliest convenience."
At the meeting of February 27th, 1858, the board accepted the offer of S. M. Mezes, donating any block of land in Redwood City that the board might select for the site of a court-house and jail. Block 3, in range B, was selected, and public notice was immediately given that proposals for erecting the build- ings would be received. April 3d, the contract was awarded to H. P. Petit. The available funds being insufficient, the San Mateo county assemblyman was requested to procure a special enactment to enable the authorities to raise the desired amount ($3000).
The next official business of public importance was the bonding of the county for the purpose of aiding the construction of the San Francisco and San José railroad. A proclamation was issued calling for an election on the third Tuesday of May, 1861, at which the proposition to authorize the board of supervisors to subscribe $100,000 for the above purpose was submitted. At the election held on said date, 660 votes were cast, of which 420 were cast in fevor of the proposition, and 240 against.
The principal acts of the board for the first seven years of its existence having been given, its further proceedings are omitted.
The political divisions of the county at the present time consist of five town- ships, designated first, second, third, fourth, and fifth, respectively, and each constitutes a supervisor district. The number of the townships have at different times varied, and have also been known by different names. Con- tained within these townships are twenty-seven school districts.
There are only two incorporated towns in the county-Redwood City and Menlo Park-and the latter of these has practically ceased to be a separate municipality.
The county, jointly with the City and County of San Francisco, comprises one senatorial district, with a vote in the election of one senator. It com- prises one assembly district, and elects one assemblyman.
COUNTY SEAT CONTESTS .- If that county could be discovered where no contest had ever occurred over its seat of justice, its name ought to be changed to Arcadia, the home of the happy. Unfortunately, a county-seat contest was twin-born with San Mateo, and its existence of nearly twenty years afforded a subject of animosity and litigation with few parallels in the annals of those seemingly necessary evils.
By subdivision 3, section 9, of the "consolidation act," it was provided that "the seat of justice shall be at such place as may be determined by the qualified electors of the county."
In pursuance of that act, at that unprecedented election held in May,
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1856, Belmont was declared the county seat, and the government of the county-such as it was-was organized at that place. The county court, Judge Fox presiding, and Jos. Porter acting as clerk, was there convened, and contest number one of the series was opened, when the case of Ackerson vs. Mulligan was called. This case was brought to test the legality of the May election by impeaching the returns of several precincts. After a full hearing of the case, and after discarding the returns from three precincts, Redwood City was declared the county seat, and the archives of the county government were removed from Belmont to that place.
At the first meeting of the board of supervisors, held July 7th, 1856, the records state that "the necessity of providing suitable rooms for the county officers and a court-room was considered, and that a proposition being made to the board by J. V. Diller to rent the county the necessary rooms at forty dollars per month for six months, with the privilege of twelve, it was ordered that the clerk procure said rooms, and fit them up to suit the convenience of the officers and courts." Accordingly, Diller's store building became the court-house in Redwood City. At the next meeting of the board, July 26th, a special tax of fifty cents on the hundred dollars was levied for the purpose of building a jail and court-house.
In February, 1858, the records state that S. M. Mezes having offered to give any block in Redwood that the board might select, his proposal was accepted, and he was requested to convey block 3, in range 13, to Gov. J. B. Weller, in trust for the use of the county. After the acquisition of the land in the above manner, the board, on the 3d day of April, 1858, awarded to H. P. Petit the contract for building the court-house and jail, which were pushed forward to completion and accepted by the county.
During these early years the subject of removal had merely slumbered, and in May, 1861, a bill passed the legislature entitled, " An Act submitting to the qualified electors of San Mateo county at the next general election the question of the removal of the county seat of said county."
In pursuance of this act the election took place, and resulted in favor of Red- wood City, by a vote of six hundred and fifty-six against three hundred and sixty-four for San Mateo Villa, eleven for San Mateo, and one for Belmont.
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