USA > California > Santa Barbara County > History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 29
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TAX RATES FOR 1861.
For General Fund, 40 cents; School, 10 cents; los- pital, 5 cents; Roads, 5 cents; Funded Debt, 60 cents; Sinking Fund, 70 cents, making a total of $1.90.
Although the debt incurred previous to 1860 was the result of waste and extravagance, the people resolutely resolved to pay it. It seemed to be the fate of the counties, as well as the State, to incur a debt without any assets or consideration to show for it. The result, disastrous in many respects, was owing more to business inexperience than to malad- ministration, as in other parts of the State, and the proposition to repudiate it would not have been listened to for a moment, for Castilian honor was a reality in financial matters. The following law was enacted by the Legislature, in accordance with the expressed wishes of the people :-
CHAPTER LIX.
AN ACT FOR THE PAYMENT OF THE DEBT OF SANTA BAR- BARA COUNTY.
(Approved April 2, 1856.)
The People of the State of California, represented in Senate and Assembly, do enact as follows :-
SECTION 1. The Board of Supervisors, in and for the county of Santa Barbara, in addition to other taxes they might levy under authority of law, shall annually levy a special tax of twenty-five cents on the hundred dollars, on real and personal property subject to taxation in said county, or at their discre- tion may increase it to any sum not exceeding seventy-five cents. to be collected in the same manner as other taxes, and payable in legal currency of the United States, and the money derived from said special tax, together with one-third of any and all amounts of money received into the County Treasury for county purposes derived from licenses, shall con- stitute a Sinking Fund for the extinguishment of the public debt of said county, and shall be held and disbursed in pursuance of the provisions of this Act.
SEC. 2. Whenever there shall accumulate in the County Treasury, from proceeds of the special tax
16
118
HISTORY OF SANTA BARBARA COUNTY.
and of the licenses, as provided for in the foregoing section, the sum of five hundred dollars, it shall be the duty of the County Treasurer to give notice, by posting three public notices in English, and three public notices in Spanish, in three public places in said county, of the amount of money in the said Sinking Fund as above provided, and that sealed proposals for the redemption of county warrants drawn on a day previous to the first day of March, one thousand eight hundred and fifty-six, directed to him and the County Auditor, will be received and opened by them on a day and hour named, which shall not be less than twenty-one, nor more than thirty days from the posting of said notices; and upon the day and hour designated in the notice, the County Auditor and County Treasurer shall attend at the office of the latter, and then and there open said proposals, and accept the lowest bids for the redemption of warrants, as aforesaid; provided, that no bid for more than the par value of said war- rants, or no bid unless accompanied by a responsible guaranty, shall be considered.
SEC. 3. Whenever any bids are accepted, it shall be the duty of the County Auditor and County Treas- urer to take the number and description of the war- rants to be redeemed and make a several record thereof in their respective offices, and thereupon the County Treasurer is authorized and directed to pur- chase the warrants designated in the accepted bids as aforesaid, and to pay for the same out of the money in the Sinking Fund upon the production and cancellation of said warrants, and said cancelled war- rants shall be the only vouchers to the County Treasurer of the payment as aforesaid in the settle- ment of his accounts. The bids being at equal rates, the preference shall be given to the person offering the smallest amount of warrants. and the hids and amount of warrants being equal, each shall be ac- cepted pro rata.
SEC. 4. The County Treasurer shall keep a sepa- rate account, under the head of Sinking Fund, of all moneys received from the sources specified in the first section; and the said money shall be never used nor mixed with other funds except as herein pro- vided for, and on final settlement of his accounts, he shall be chargeable with all the moneys as received, subject to credits in his favor equal to the amount or amounts of canceled warrants produced by him and recorded in the offices of County Auditor and County Treasurer, as herein directed.
SEC. 5. Warrants drawn on the County Treasurer and bearing date previous to the first of March, one thousand eight hundred and fifty-six, shall be paid and discharged only in the manner designated in the foregoing sections, and warrants drawn as afore- said, bearing date subsequent to the date last afore- said, shall be paid out of any money in the County Treasury not in said Sinking Fund; provided, noth- ing in this section shall be construed so as to author- ize any change in existing laws concerning the various funds received, or to be received, by the County Treasurer, except so far as warrants drawn on a day previous to the said first day of March, one thousand eight hundred and fifty-six.
SEC. 6. This Act shall continue in force until all county warrants, issued prior to the first day of March, one thousand eight hundred and fifty-six, shall be redeemed and paid, and no longer.
COUNTY ROAD.
An act was passed to authorize the Supervisors to
call an election to see whether the voters would incur a debt of $15,000 for the construction of a road through the county, which election was appointed for May 21, 1859. In the same act the Legislature appropriated $15,000 towards the same object, to he paid over and expended under the direction of the authorities of Santa Barbara, when they should expend a like sum for that purpose.
Little interest seemed to be manifested in the matter, for the whole number of votes cast was 105, of which number eighty-six were for the road and nineteen against. The road was to intersect or run by the Salinas, or salt pond, east of the town, Monte- cito, Carpenteria, Rincon, Punta Gorda, Cañada Sauses, Pitos, San Buenaventura, Puerta la Somas, Las Posas, Cañada de Quimada, and Santa Susana, to the Los Angeles line. The north route to go to the San Luis Obispo County line. The Supervisors called for hids at cash rates, the bonds not to be sold less than eighty per cent.
Charles Fernald, José de Arnaz and Pablo de la Guerra were appointed Road Commissioners to view the line, and E. Nidever, the County Surveyor, was requested to accompany them to make estimates.
W. H. Leighton was directed to make a reconnoi- sance for a road to the San Susana Ranch. His plan was accepted, and he was paid for the report $142.50.
T. Wallace More made a proposition to construct the wagon road through the county for the sum of $15,000 in bonds.
Pablo de la Guerra, John F. Maguire, Russel Heath, James L. Ord, and Francisco Arrellanes were appointed Commissioners to confer with the Overland Stage Company in regard to the road.
The building of the County road was awarded to T. Wallace More, and the Road Commissioners ordered to draft a contract in accordance with the terms of the offer, the President of the Board being authorized to sign the contract on the part of the county. More gave a mortgage on valuable property for $20,000 for a faithful performance of the contract, though he afterwards asked the mortgage he can- celed, and that a bond for $5,000 be substituted therefor, with N. A. Den and himself for sureties.
OCTOBER 8, 1860.
At a special meeting to consider the wagon road, T. W. More presented a petition that the $15,000 given by the State should be turned over to him. The petition was referred to the Road Commission- ers, who recommended that the contractor, T. W. More, receive at present but $10,000; that $5,000 be placed in the County Treasury, subject to future order; also requiring him to give bonds for the com- pletion of the road, with Henry and Alexander More as sureties; also appointing N. A. Den and Thomas Davis as Commissioners respecting the change of the location at the Arroyo Hondo.
119
SANTA BARBARA WITHOUT A PAPER.
DECEMBER 4th.
T. W. More asked for more time to complete the road, as it was not possible to get suitable laborers for the work. The matter was referred to the Road Commissioner, who recommended an extension of time.
FEBRUARY 12, 1861.
George Black, engineer of the road, presented a bill of $866.50 for services; $450 was allowed, and it was ordered that T. W. More, the contractor, pay the same. A resolution was spread on the records pro- testing against the general management of the con- struction, and, upon learning that Mr. More had con- siderable money in his hands, still unexpended, resolved that he should not receive another cent until he gave bonds for the performance of his work.
MARCH 5, 1861.
T. W. More announced that he was unable to com- plete the road, whereupon the Supervisors ordered the Commissioners to take possession of the work, and complete the road at the expense of the con- tractor. T. W. More offered to deliver to the Com- missioners all the teams and tools and lumber, etc., connected with the work.
JUNE 29th.
Suit ordered to commence against More and his sureties for the performance of the road contract, José de Arnaz being appointed to conduct the same.
It would seem at this point that James Thompson had been employed to build the road, as the Presi- dent of the Commissioners was directed not to pay any money to the contractor, James Thompson, without a full specification of the work done.
AUGUST 8, 1861.
Ordered that the Road Commissioners be relieved from further duties, with the thanks of the Board of Supervisors.
MAY 5, 1862.
Charles Fernald presented a proposition from C. Hubert, of San Francisco, to prosecute the suit against T. W. More to a successful termination, for $300 down, and $300 at the conclusion of the trial in the District Court, with a contingent of $200 more if it was appealed.
CONCLUSION OF ROAD BUSINESS.
SEPTEMBER 8, 1862.
"Ordered the claim in damages against T. W. More for not having completed the road from the county of Los Angeles to San Luis Obispo, as per contract with the Board of Supervisors of Santa Barbara County, June 21, 1860, having been settled between the parties by said More giving two notes payable to the county of Santa Barbara, or order, one for $300 payable on the 15th day, 1862, and the other for $650, payable on the first day of May, 1863. It is hereby ordered that upon the payment of said notes, said More shall be relieved from all claims against him for damage, or otherwise, under said
contract, and that all bonds and other securities whatsoever shall be held to be canceled, and consid- ered null and void, and shall be returned to him. Set- tlement on the above basis is agreed upon by all parties, the Supervisors, District Attorney, and N. Hubert, special Attorney, signing the statement."
Thus ended the road business which had such a brilliant beginning, promising to create an extensive trade and travel with the adjoining counties. The disastrous result seemed to have been caused first by a want of technical knowledge of the cost of con- struction, second by an almost unpardonable laxity in the business transactions by which large sums of money were paid out upon inadequate vouchers of proper expenditure.
ELECTION OF 1861.
No newspaper being published to lash the public into a fury on politics, the election passed very quietly, the principal interest being personal favor towards the county candidates. The vote on State officers stood :-
For Governor-John Conness (Douglas Demo- erat), 436; Leland Stanford (Republican), 131; John R. McConnell (Lecompton Democrat), 24.
Lieutenant-Governor-Richard Irvin (D. D.), 477; J. F. Chillis (R.), 118; G. O. Farrel (L. D.), 18.
Congressmen (D. D.)-J. C. MeKibben, 477; Henry Edgerton, 462; J. R. Gitchel, 337.
Congressmen (R.)-T. G. Phelps, 115; A. A. Sar- gant, 112; F. Y. Lane, 110.
Congressmen (L. D.)- D. O. Shattuck, 17; H. P. Barber, 18; Frank Ganoht, 12.
The following County officers were elected :-
Senator, Romualdo Pacheco; Assemblyman, Charles Dana; County Judge, Jose Maria Covarrubias; County Clerk, F. Thompson; Treasurer, Guillermo Carrillo; Sheriff, Thomas Dennis; Assessor, Augustin Janssens; Surveyor, E. Nidever; Coroner, James L. Ord; District Attorney, C. E. Huse; Superintendent of Schools, Pablo de la Guerra.
Frank Thompson, a son of Alpheus B. Thompson, who married a daughter of one of the Carrillos, appeared first in this election. His relation by blood to the Spanish families, and his knowledge of their language, enabled him to become a power in county politics that was nearly irresistible for the next suc- ceeding twenty years.
CONTESTED ELECTION.
The right of J. M. Covarrubias to hold the position of County Judge was contested by Cyrus Marshall, his competitor at the election, on the ground that Covarrubias was not a citizen. An extraordinary meeting of the Board of Supervisors was appointed for November 8th, and the contestant and defendant cited to appear. The Board was composed of Felipe Puig, Gaspar Oreña, and Juan Rodriguez.
Charles Fernald appeared for the relator, Cyrus Marshall, and objected to Oreña sitting on the Board,
120
HISTORY OF SANTA BARBARA COUNTY.
as he was a relative of the respondent within the fourth degree of consanguinity. The Board over- ruling this objection, Fernald then asked for a decree annulling the election, on the ground that Covarru- bias did not appear within the ten days specified in the citation according to the law, which petition was also denied.
. Albert Packard appeared for Covarrubias, and presented as witnesses Antonio Ma. de la Guerra and Pedro Carrillo, which testimony was objected to by Fernald on the ground that it was secondary and not admissible as long as Governor Alvarado was alive and his testimony attainable. Bacciagalupi and Santiago Fonseca were also offered by the re- spondent's attorneys as witnesses. From the papers offered in evidence, and the specifications of the com- plaint, the objections to the eligibility of Covarrubias rested upon his want of citizenship, the right to it depending upon his being a legal citizen of Mexico, and of being habilitated with American citizenship on the cession of California to the United States. Co- varrubias' attorney, Packard, presented a document written by Alvarado, proving the fact of citizenship by the recognition of Covarrubias as such by the act of the Mexican Government. Fernald, on the part of Cyrus Marshall, denied the competency of this testimony also, so long as the testimony of Gov- ernor Alvarado was attainable. The objections being overruled and the testimony decided to be admissi- ble, Fernald then asked that the Board should decide that if the respondent was proved to have been a naturalized citizen of Mexico at the time of the treaty of Guadalupe Hidalgo, and a resident within the territory ceded by the treaty to the United States, that he was not a citizen thereof, unless made so by some court of authority, or by act of Congress.
The matter was considered for several days, many witnesses being examined, among whom was Pablo de la Guerra, to prove de facto citizenship previous to the conquest of California by the United States. The identity of a certain paper presented by the defendant's attorney to prove citizenship, became a matter of discussion. Pablo de la Guerra was unwill- ing to assert positively that it was the same paper that had been received from the Commissariat, or officer under the Mexican Government, previous to 1846, but recognized it by the water marks of a deer, and believed it to be the same. The paper was admitted as evidence, Fernald filing exceptions.
It was then contended by the attorneys of Mar- shall that Alvarado was not the lawful Governor of California and that, consequently, his employment of Covarrubias in any capacity whatever could not imply citizenship.
Our readers will recollect that Alvarado was made Governor by a revolution; that the Mexican Gov- ernment afterwards recognized him as the lawful Governor, and repudiated Carrillo, who held the
commission of Governor by appointment. The Su pervisors decided that Alvarado was the lawful Gor- ernor at the time of issuing the document in ques- tion.
The attorney for Marshall then made another point, ¿. e., that the Provincial Governors had no right to confer citizenship on foreigners; that it was only the function of the Government of Mexico.
Our readers may wonder that a question involving such constitutional questions should have been tried before the Board of Supervisors instead of the Dis- trict Court, or some tribunal of competent authority, as the jurisdiction of the Board of Supervisors would end in declaring the lawful vote in the matter. The proceedings must be regarded as a harmless assump- tion of authority. The following is the decision spread upon the records in Spanish. It is an inter- esting document in many respects, showing not only the history of the matter, but the style of the lan- guage as written by the better classes of California:
El Pueblo del Estado de California ) Ante el Cuerpo Por el Delator Cyrus Marshall 08. José Maria Covarrubias.
de Supervisors del Condado de Santa Barbara.
El delator en estos procedimiento disputa al dele- tado el derecho, de poder ocupar el empleo de Juez de Condado del Condado de Santa Barbara fundandose en que el deletado no era en la fecha en que fue electo para tal empleo Ciudadano Americano. El deletado admite ser nacido en Francia y declara bajo juramento haber emigrado á Mexico en el año de 1817 siendo de edad de nueve años, y haber Veci- dido en el Territorio Mexicana hosta ratificacion del Tratado de Guadalupe Hidalgo en cuyo tiempo, y por 13 años antes, residio en California; que corri- endo el año de 1837 recibio carta de naturaleza expe- dida por el Gobernador de la Alta California, y a la fecha que el Territorio que hoy constituye este estado fue ocupado por los Estados Unidos. El deletado era Secretario del Goberno Depar.mental. Cuyo nombraminento oparece agregado à su declar- acion jurada. Se disputa y se niega por el delator la validez de la carta de naturaleza por dos razones; 1' por que el que la expidiò ò concediò no tenia para ello facultadad; 2' por que aun cuando dicha carta fuese valida por su origen, esta antefochada y no fue dada en la fecha que en ella se ve; ademas se arguye que aun suponiendo que el deletado fuese Ciudadano Mejicano, con todo por el Articulo IX del Tratado de Guadalupe Hidalgo se requiere una acta del Con- greso para admitirlo à la Ciudadania Americana.
El Cuerpo de Supervisores halla 1' ser punto his- torico que Juan B. Alvarado era en 1837 Gobernador de la Alta California y por tanto el expedir la carta citado de Naturaleza ejerciò su legitima autoridal; 2' que la tal carta es genuina y no encuentra razones suficientes para jusgarla antefechada, y 3' que en cuanto al ultimo punto ò argumento, queda este amplisimamente contestado por el articulo 2' de la
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SANTA BARBARA WITHOUT A PAPER.
Constitucion de estado que es en si una acta solem :0 del Congreso General.
El Cuerpo no puede menos que agregar que la ley Mejicana de 28 de Marzo de 1837 requiera que, para lesempeñar el cargo de Secretario del Gobierno Departamental se necessita ser ciudadano Mejicano en ejercicio de sus derechos y el deletado prueba haber ocupado dicho empleo, cuyo hecho no niega. y es de creer que el Gobernador al nombralo y las demas Autoridades departamentales al recono cerlo como tal Secretario hallarian en el deletado todos los requi- sitos exigidos por la ley. Pero aun suponiendo que lo dicho no fuese bastante para que el deletado estab- leciese su Ciudadania Mejicana. mas alla de toda duda, viene ademas en su favor la Constitucion Meji- cana de 1836, la que en su ley 1' Articulo 1' dice Son Mejicanos; y en su parrafo 5' dice .. Los no naci- dos en el ( Territorio Republica )" que estéban fijados en la Republica cuando esta declaro su independen- cia, juaron la acta de ella, y han continuado residi- endo aqui." Y en la misma ley constitucional, Arti- culo 1' dice Son Cuadadanos de la Republica Meji- cana parafo 1' Todos los comprendidos en los cinco primeros parrafos del artienlo primero &c."
Pertanto él Fallo del Cuerpo de Supervisores es. Que Jose Maria Covarrubias era elegible para Juezde Condado del Condado de Santa Barbara el dia de sul eleccion, y que el delator Cyrus Marshall pagne las costas de esta causa.
[Signed]
FELIPE PUIG, GASPAR ORENA, JUAN RODRIGUEZ. -
Supervisors County Santa Barbara.
Fernald asked for time to obtain further proof of the ineligibility of Covarrubias; but all serious objec- tions ended here.
JOSE MARIA COVARRUBIAS
Was a native of France, and emigrated to Mexico iu the year 1817, where he resided for nine years. In 1826 he removed to Alta California, where he was employed as Secretary in the Department of the Government, having been made a citizen for this purpose by letters of naturalization. Naturally fond of peace and the stability of the Government. he took little part in the short-lived revolutions which afforded so much amusement to the native population of California.
When the country came into the possession of the Americans the people turned to him, who, from education, character, and habits, and knowledge of the wants and necessities of the natives. was so well fitted to help build up a permanent government and encourage the development of the resources of the country, and he was made a member of the Conven- tion which met to form a Constitution, also first Leg- islature, which assembled at San José to form a code of laws. He was re-elected in 1852. 1853. 1855, and 1859, and in 1861 was elected County Judge, when
the futile etfort was made to prevent him from fill- ing the position by denying his citizenship. He dis- charged the duties in an able and impartial manner, and retained to the last the confidence and esteem of his fellow-citizens. He left a family of sons and daughters, Nicolas Covarrubias, so often cleeted Sheriff, and so long a power in tho polities of Santa Barbara, being his son. He died April 1, 1870, aged sixty-one years.
TAX RATES FOR 1862.
State Tax, 62 cents; County, General Fund, 40) cents; School, 10 cents; Hospital, 5 cents; Road, 5 cents; Funded Debt, 50 cents; Sinking Fund, 50 cents; making 82.22 on each $100 of taxable prop- erty. Thus the extravagance and carelessness of ten years before, when money was plenty, was left to be paid when hard times began to be felt.
About this time were frequent orders to the Treas- urer to take sums of money, varying from 8300 to $500, from the various funds, especially the Sinking Fund, to replenish the Contingent Fund to enable the County Government to move. The necessity was, perhaps, unavoidable, but it showed the former laxity of the management of financial matters.
THE HIGHI TIDE OF PROSPERITY.
The following statistics are mostly made up of the census returns, and are interesting as showing the culminating point in the prosperity of the Shepherd Kings, for already the prices of cattle were falling, probably the result of over-production and the fail- ure of the mines, which furnished the bost market for beef. Soon after this came the great drought, which completed the ruin of the rich proprietors and introduced a new order of business and business men into the affairs of Santa Barbara. The state- ments are, perhaps, as reliable as the estimates of the Assessor, but must be taken with much allow- ance. When the Assessor comes around a low esti- mate is put on property to have low taxes, a natural result of the love of money; when the Census Mar- shal visits us we like to appear " well-to-do" in the world, hence liberal estimates. In comparing the sworn estimates of the owner to the Assessor with the same man's returns to the Census Marshal, there is often a wide difference, in some instances the latter being ten times that of the former. According to the Assessor's report the total of all property in 1860 was $1,038,645. According to the best authorities the true value was 82,392,334.
STATISTICS FROM THE CENSUS RETURNS FOR 1860.
Name. Land. Value. Horses, Cattle. Sheep. Tot'l Val.
E. Carrillo Robbins 10,150 $12,000 120 514 800 $ 9,554
A. B. Thompson ...
60,000 30,000
30,000
R. S. Den. 45,000 22,000 220 1,350 38,300
7,665
S. B. Brinkerhoff, City prop'y A. Packard. ..
5,000
Domingo Abadie ..
5,000
L. T. Burton. 34,000
17,000 200 286
23,300
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HISTORY OF SANTA BARBARA COUNTY.
Name.
Land.
Value. Horses. Cattle. Sheep. Tot'l Val.
Domingo Abadie.
5,000
Geo. Nidever.
70
2,000
7,200
Daniel Hill
19,200
10,000 100
3,050
43,000
James B. Shaw.
40,000
4,000 200
600 15,000
92,000
Mariano Olivera
7,000
5,000 75
275
50
9,650
Thomas Hope. . .
400
2,000 75
155
5,000
20,000
De Ia Guerras
152,000
36,950 800
6,150
4,000 260,000
Joaquin Armat.
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