USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 18
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" HEYDENFELT, J. " WELLS, J.
" Attest: D. K. WOODSIDE, Clerk."
A writ of mandamus on the strength of the above was issued from the Third District Court against all of the State officers, commanding that they should remove their offices to San Jose, or show cause why they should not do so. The argument was heard and the theory maintained that San Jose was the proper capital of the State, whereupon an appeal was carried to the Supreme Court. In the interim Justice Wells had died, his place being filled by Justice Bryant. On the appeal the Supreme Court decided that
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
San Jose was not the State Capital, from which decision Justice Heydenfelt dissented. Yet, notwithstanding this decree, the good people of San José have an inward feeling that they were somehow done out of the State Capital.
Judicial Districts .- The State was divided into Judicial Districts March 29, 1850, John H. Watson being elected Judge of the Third District, of which Santa Clara county was a portion. The first case tried in this Court was that of Clemente Pinaud versus Ramon Hurtado, Antonio Laman, Francisco Ballesteras and Joaquin Bennetez, the cause of action being to obtain the foreclosure given to secure the payment of five thousand dollars, with interest at eight per cent. per month.
County Court .- On March 23, 1850, the Act entitled "An Act to Hold the First County Election," was passed by the Legislature, and April 23d, J. W. Redman and H. C. Melone organized the first County Court, as Judge and County Clerk respectively. It was further ordered by the Act above quoted that an election be held in the townships which had been created on May 4th, for two Justices of the Peace and two Constables, but, unfortun- ately, the records of this election are not to be traced. The names of the successful candidates are preserved, however, and we here produce them, they being the first officers of the county whose names appear as the choice of the people. For further particulars of this nature we refer the reader to the elaborate table at the end of this chapter: Justices of the Peace, H. C. Smith, H. M. T. Powell, Washington township; Davis Divine, William Daniels, San Jose township; John Gilroy, Jose Quintin Ortega, Gilroy township; Caswell Davis, Charles Clayton, Santa Clara township; G. A. Dabney, and W. G. Bowden, Redwood township. Constables, for the town- ships in the above order, (no choice in Washington), S. W. Daniels, V. Martinez, William Haun, and - Burton.
Almost the first record in the minutes of the Court above established is the admission to citizenship of Baptist F. Christian, on May 27, 1850. On June Ist, the above Justices of the Peace, met at San Jose and elected Cas- well Davis and H. C. Smith Associate Justices of the County Court, and on the following day, with J. W. Redman, Presiding Judge; H. C. Melone, Clerk; John Yontz, Sheriff, commenced the proper duties of the Court of Sessions. On the 4th July, they established the rate of county licenses ; on the 24th August, an adjournment was made out of respect to the mem- ory of the late Zachary Taylor, President of the United States; and on August 27th, the following assessment was ordered to be levied: For State purposes, fifty cents per one hundred dollars, and five dollars poll-tax; and for county purposes, twenty-five cents per one hundred dollars, and two dollars and a half poll tax.
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LEGISLATIVE HISTORY.
California having been admitted to the Union on September 9, 1850, and as the day fixed for holding elections was the first Wednesday in September, which fell on the fourth, no legal election could have taken place in 1851, indeed, the records show no sign of any general election having been held until the following year, still we are assured by some of the oldest inhabit- ants that an election did take place in 1851.
July 8, 1852, we find that John M. Murphy, late County Treasurer, filed his financial statement of the condition of the finances of the county from January 1, to April 1, 1852, which being found correct, he was ordered to be discharged from further liability. As an interesting exposition of the early accounts of the county, we subjoin a resume of Mr. Murphy's state- ment.
Receipts and Disbursements to quarter ending March 31, 1852 .- Receipts, $3,316.42. Disbursements, $3,693.68. Balance in favor of Treasurer, $77.26. Receipts and Disbursements to quarter ending June 30, 1852. Receipts, $2,975.84. Disbursements, $2,601.74. Balance in Treasury, $374.10. Tax Account for building purposes, three payments; in Deeem- ber, 1851, and February and June, 1852, into the Treasury, $5,671.84. Paid Superintendent four installinents, December, 1851, January and June, 1852, $5,500.00. Interest, $56.71. Balance, $115.13. We now turn to a statement of another nature. It is always pleasant to watch the growth of a distriet. True, that of Santa Clara had long been peopled, and that for years the soil had been tilled, and stock reared, yet, as an example of what the county was made two years after its receiving the rights and privileges of a State, we produce the accompanying figures, ordered by the Board of Supervisors, who were now in office, to be made a matter of record. November 18, 1852, Census Returns: Number of white inhabitants, 6,158; number of white male citizens of the United States, over twenty-one years of age, 1,717; number of male citizens of the United States, 4,096; number of female citizens of the United States, 2,062; number of negroes, 53; number of negroes (male), over twenty-one years, 39; number of negroes (female), 8; number of mulattoes (male), none; number of mulattoes (female), 3; number of domesticated Indians, 450; number of domesti- cated Indians (male), 288; number of domesticated Indians (female), 162; number of foreign residents, 1,335; number of male foreign residents, 1,059; number of male foreign residents over twenty-one years of age, 1,081; number of female foreign residents, 276. So much for the genus homo. The stock and produce numbered as follows: Horses, 4,371; mules. 609; eows, 4,201; beef cattle, 16,020; work oxen, 3,546; hogs, 1,765; sheep, 3,620; goats, 117; turkeys, 110; fowls, 2,690; onions, 8,356,600; cabbages, 413,500; carrots (bushels), 11,000; beets (bushels), 21,000; grape vines, 16,800; fruit trees, 17,739; tons of hay, 1,175; number of bricks, 500,000,
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
bushels of barley, 415,340; of oats, 13,520; of corn, 9,645; of wheat, 122,192; of potatoes 653,700; of beans, 1,300; other produce, (pounds) 501,450; acres of land under cultivation, 19,066; amount of capital invested, $1,152,325.
However unpleasant the task, it is the duty of all veracious historians to chronicle every fact that may come within their knowledge. Happily for all concerned the doings so handed down to posterity are mostly of a pleas- ant nature, but, occasionally the regretable task is his to perpetuate instances of crime which might be better left in the dark with the perpetra- tor. When the case is that of malfeasance of office, then, however painful, the story should be told in its full deformity.
Ere the first month of the year 1853 had been brought to a close the entire county was startled by the intelligence that the public Treasury had been robbed. The Treasurer, William Aikenhead declared that he had been knocked down in the darkness of night, and robbed of his keys; the unex- pectedness of the attack was such as to preclude the possibility of his recog- nizing the robber. His story of the assault was this: Hearing a noise in the rear building about eight in the evening, and not long after a step on the front porch, and his name called, he opened the door to ascertain who it was that called "so loud in the dark; " that on emerging he received the blow which laid him prostrate; that he was thereupon choked, his pockets emptied, the key of the safe taken and two of the men entering the office, helped themselves to the money, several thousand dollars, deposited in two bags one marked "State " and the other"" County." That the Board of Supervisors placed full credence in Aikenhead's story the following extract from their records will show: "It appearing to the satisfaction of the Board of Supervisors, that the sum of $1,045.15 belonging to the General Fund for the redemption of county warrants; $115.25, belonging to the Special Fund; $955.05, belonging to the County Building Fund; $78.50 belonging to the Estates of deceased persons, and $2000 due the Indian Fund, funds belong- ing to the County of Santa Clara and in the hands of the Treasurer, by , violence and without any neglect or default of the said Treasurer, were stolen, it is ordered that said Treasurer do have in his next annual settle- ment with the Auditor of said county a credit and acquittance to the amount of the sum of $2,218.95, [this foots up to $4,193.95], and that the several accounts of the said Treasurer in the several funds above set forth be allowed the credit to the amount above set down to each of said funds respectively and the same be charged to the county .- All of which was duly reported as having been carried out by William Aikenhead. In the month of February, 1854, he suddenly was missed. On the 21st a com- mittee of three, in company with the District Attorney, was appointed by the Board of Supervisors to examine all the books and papers of the Treasurer's office and thereafter file a report with the Clerk, the committee to be com-
V
LILTARY
AZT TI 1
>X AND PATIONS.
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LEGISLATIVE HISTORY.
posed of J. M. Murphy, W. R. Bassham and W. L. Smith. It was ordered that upon the receipt of the report immediate notice should be given to the Board, who would, forty-eight hours thereafter, meet in session. This meet- ing was convened March 3d when, on motion, the report of the committee as given under was read: "To the Honorable Board of Supervisors of Santa Clara county .- The undersigned committee appointed by the Board of Supervisors of Santa Clara county to examine all the papers and books of the Treasurer's office having performed that duty respectfully report: That they diligently and carefully examined the books and papers found in the late Treasurer's office, and corrected them when found proper, and. entered everything to the credit of the Treasurer for which we found the necessary vouchers, and find the cash received by him since October 1, 1852, amounts to to the sum of $71,680 92
And payments made by him during that time 55,614 42
Leaving a balance unaccounted for of .$16,066 50
Which amount is due to the following accounts :-
To the State of California. $ 5,120 13
Building Fund. 1,269 35
County of Santa Clara 10,021 91
Lost Property 17 50
$16,428 89
From which sum is to be deducted: -
Overpaid Special Fund Account $194 74
And School Fund Account 168 60- 363 34-$16,065 55
Leaving a discrepancy unfound of .95
" The undersigned have been extremely careful in overhauling the books of the late Treasurer's office and in elucidation of the foregoing statement have transcribed from the Treasurer's books the aggregate debit and credit of each account as they stand in said books, as a matter of reference and here- with file the same. In pursuing an investigation of the books of the office various other matters were presented to our notice, which we deem it our duty to report. The first is, upon reference to the Auditor's office, we find the late Treasurer has received from the Collector of State and County Taxes in February instant, the sum of $4,000 which is not credited in the books; he is therefore chargeable with that sum in addition to the balance above stated. We have also been advised by J. H. Morgan, Superintendent or Commissioner of Common Schools of Santa Clara county that he was advised by letter by Hon. Paul K. Hubbs dated January 11, 1854, that he had paid the Treasurer the sum of $7,235.89 for benefit of common schools
11
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
of this county. We have ascertained that the late Treasurer has not entered any amount received for licenses issued since the 16th September last, and from the loose manner in which parties aet after paying the Treasurer for the license (omitting to file his receipt with the Auditor of the county) renders it impracticable to ascertain the amount he is justly responsible for on that account. All of which is respectfully submitted: William L. Smith; W. R. Bassham, Jno. M. Murphy, Committee, San José, March 1, 1854." And so the matter rested for a year; then on February 13, 1855, we find the Board of Supervisors directing proceedings to be instituted against Aiken- head, or his representatives, to recover the amount due to the county, but whether the ex-Treasurer ever repented of his ways and refunded the sum due, or if his bondsmen were held liable, the official records do not divulge.
January 28, 1853, the first installment of ten thousand dollars as payment for the State House was ordered by the Board of Supervisors to be allowed to the City of San José, upon condition that the corporation execute a full release of all claims and demands against the county. The deed was pre- sented on the following day by Thomas White, Mayor of the city, to whom was issued a certificate for the amount stated. On June 8th, H. C. Melone and John Yontz were appointed Commissioners to act in conjunction with those to be appointed by Alameda and Contra Costa counties, to ascertain the indebtedness of Alameda to each of the others. These gentlemen filed their report October 5th, when the District Attorney was instructed to make a legal demand on Alameda county for the amount owing to Santa Clara. At this time the revenue of the county was reported by Sheriff Johnson, ex-officio Tax Collector, to be: State, $14,637.98; County, $12,198.89; School, $1,224.69; Building, $6,099.44; Total, $34,161.00.
Owing to the influx of persons out of health, who had succumbed to the thousand ills that flesh is heir to, at the mines and elsewhere, and who, having heard of the glories of the Santa Clara valley, had come hither to regain strength, without the visible means of support or funds to take them back to whence they came, joint action between the county and the City of San José was resolved upon January 16, 1854, which resulted in the presen- tation of a petition to the Legislature asking that the sum of seventeen thousand four hundred and forty dollars be appropriated for the relief of the indigent siek in the county; the petition was unsuccessful, however, and " the halt, the lame, and the blind," were the recipients of the local public bounty.
November 6, 1855, the Sheriff was authorized to take charge of vagrants, and employ them in any manner that he should see fit, either in working in the Court House yard, or hiring them out by the day. We cannot help thinking that if such a rule obtained now it would go a great way towards abating the daily increasing nuisance of wandering tramps, and in a measure exercise a considerable influence upon checking erime.
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LEGISLATIVE HISTORY.
In the year 1859, the Santa Clara Valley Agricultural Society was formed; on August 3d, on the application of H. C. Melone and Coleman Younger a donation of five hundred dollars was granted to it from the Current Expense Fund, and September 10, 1860, the Supervisors gave the use of the court- room in which the society might hold its first annual fair.
We now arrive at the year 1860, the first decade of American government. Let us see what the Treasurer's statement has to say in regard to the public exchequer. On February Ist the Current Expense Fund amounted to $11,- 966.85; the Funded Debt Fund to $8,508.20; Hospital Fund, $+70.57; Road Fund, $1,086.13; Estray Fund, $36.75, and School District Fund, $1,- 563.75. March 5th, the taxes for the year were fixed at: For State pur- poses, sixty cents on each one hundred dollars; for County purposes, Current Expense Fund, forty-five cents on each one hundred dollars worth of pro- perty ; Funded Debt and Interest Fund, twenty-eight cents; Hospital Fund, twelve cents; School Fund, ten cents; and Road Fund, five cents on each one hundred dollars; also a Road Tax of four dollars on each able- bodied citizen of the county under fifty and over twenty-one years, who is not a resident of an incorporated city. June 16, 1860, we find that a special election was ordered to be held July 10th, to submit the question of sub- scribing two hundred thousand dollars to the capital stock of the San Fran- cisco and San José Railroad Company. In this matter and of all other rail- ways in the county the Board of Supervisors have ever been fully alive to the advantages to be derived from such arteries of traffic, and have always done their utmost to further any scheme which would benefit the county.
July 25, 1861, the San Jose and Alviso Turnpike Company were granted the right of way over the whole length of the public road leading from the intersection of First street, on the northern limits of the City of San José to the town of Alviso, for a term of twenty-one years from date. It would appear as if a military company had been formed in the county about this time, to be succeeded by others, for the following entries are duly made in the Supervisoral records: November 6, 1861, the leasing of a room in Maclay's block to the county as an armory for the "Santa Clara Light Infantry," who had complied with the militia laws of the State was sanc- tioned; another appropriation was made for a like purpose, in the case of the "Union Guard of San Jose," on November 7th, while exactly two years later an allowance was made for the " Santa Clara Zouaves."
In the year 1862 the following amendments to the Constitution were proposed :-
Article IV. of the Constitution to be so amended as to provide for sessions of the Legislature every two years, instead of every year as was then the custom. This would, of course, have necessitated the extention of the terms of office-of the Senators to four, and of the Representatives to two years.
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
No officer, however, was to be superseded by the action of this amendment. It was intended that the other provisions of this article should remain intact.
Article V. to be so amended as to increase the terms of office of the Governor, Lieutenant Governor, Controller, Treasurer, Attorney General, and Surveyor General to four years instead of two. The Secretary of State to be elected by the people instead of being appointed by the Governor, by and with the consent of the Senate.
Article VI. to remodel the judiciary system. The Supreme Court to con- sist of five members instead of three. The election of Justices of the Supreme Court to be separated from the election of other officers. These to hold office for the term of ten years. The number of District Judges to be reduced to fourteen. The jurisdiction of the latter to be limited to cases involving over three hundred dollars. The jurisdiction of Justices of the Peace to be increased -to that amount.
Article XI. The term of the Superintendent of Instruction to be increased to four years. But there is no record of what the vote was on the occasion.
December 18, 1862, we find that a right of way was granted to the "Santa Cruz Gap Turnpike Joint Stock Company," over the portion of the public road commencing at the creek near the toll-gate and extending to the foot of the mountain where the company's said road begins.
May 9, 1863, directions were given for the establishment of a pound in San Jose township, at the residence of Thomas Blake, near the Seven-mile House. Mr. Blake being appointed pound-master ; and on the inauguration of a Teachers' Institute, a yearly appropriation for its benefit was ordered July 6th.
In accordance with the Act "to redistrict the County of Santa Clara and to provide for the election of Supervisors, approved January 21, 1864," the Board of Supervisors was, March 7, 1864, organized and ballots cast for terms of service as follows: J. H. Quimby, Supervisor at large, President of the Board; Chapman Yates and L. Robinson, Districts 1 and 2, to serve two years, and F. Sleeper and J. A. Perkins, Districts 3 and 4, to serve four years. May 3d, the incorporation of the town of Santa Clara was author- ized in accordance with the terms of a petition of the inhabitants thereof. A plan of the incorporated limits will be found on reference to page 142, book C, of the Records of the Board of Supervisors. It would appear, how- ever, that some informality attended the petition and subsequent authority for incorporation, for, May 30, 1865, another entry authorizes the re-incor- poration of the town, the plan for which will be found on page 250 of the same book.
February 10, 1866, the Board directed that a public meeting, of the citizens of Santa Clara county be called to take into consideration the expe-
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LEGISLATIVE HISTORY.
diency of adopting ways and means to secure legislative action for the loca- tion of the Mechanical, Agricultural and Mining College in the county; while, May 8th, the County Surveyor was directed to make necessary arrangements to establish a standard of measurement for the county.
Once more we regret to record the robbery of the County Treasury. April 25, 1867, the office of Treasurer was declared vacant, owing to the abscond- ing and defalcations of Abijah McCall. A committee was at once appointed to examine the books of the office, and a reward, for his apprehension, of one thousand dollars offered, which was paid to Sheriff Adams, May 20th, for effecting his arrest. On August 10th, the committee reported the defalcations to amount to the large sum of twenty-three thousand seven hundred and sixty-two dollars and forty-one cents.
Again incorporation was sought by one of the rising towns in the county ; February 18, 1868, it was directed that the petition praying for the incorpo- ration of the town of Gilroy should be submitted to the electors of the town- ship. The map of the proposed incorporated limits will be found on page 704, of book C, Records of the Board of Supervisors. June 9th, the first mention of street cars is found. This subject will be found fully treated on elsewhere. August 22d, the application of the San Jose Water Company to lay pipes along the public highways of the county was granted, while, in November, measures against the spread of small-pox, which had made its appearance, were ordered to be taken, these directions being communicated to the different townships, December 15th, of the same year.
The only item of importance found in the records, in the year 1869, is the following resolution adopted, August 17th, on the death of Louis Prevost, a prominent resident of the county :-
" WHEREAS, Louis Prevost, a citizen of this county, has, in the providence of the Lord, been removed from us by death, and whereas this county and the whole State of California has lost one of its best and most enterprising and energetic public-spirited citizens-a loss that will deeply be felt in this com- munity, therefore,
" Resolved, That this Board now in session will adjourn in respect to his memory, and that they will attend the funeral of the deceased in a body, and that this resolution be spread upon the minutes of this Board. In accordance with which the Board adjourns to meet, Monday, August 23, 1869.
" JOHN COOK, Chairman, Bourd of Supervisors."
With the purpose of carrying out our principle of placing before our readers a statement at the end of each decade showing the increase of taxation laid upon the county, the following, ordered April 2, 1870, may prove interest- ing: For State purposes : An ad valorem tax of eighty-six and one-half cents; For County purposes: Current Expenses, seventy cents; Road Fund, thirty
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
cents; School Fund, twenty-five cents; Infirmary Fund, ten cents; Western Pacific Railroad Fund, nine cents; San Francisco and San Jose Railroad Fund, six cents; and Squirrels' and Gophers' Fund, one cent. In this year the building of the State Normal School was commenced.
For the next two years nothing of official importance, to the county as a whole, occurred. A seal, with appropriate design, as may be seen on page 612, of Book D, was adopted by the Board of Supervisors, nor have we any- thing to record until June 16, 1873, when it was ordered by the Board that bonds of the county to the amount of one hundred and twenty thousand dollars be issued (in conformity with the Act entitled " An Act providing for the refunding of the bonded indebtedness of Santa Clara County, approved on April 1, 1872,) for the sums of five hundred dollars each payable on or before January 1, 1885, and to bear interest at the rate of eight per cent. per annum." On July 18, 1873, bids for said bonds were received and accepted. October 6th, it was on motion unanimously ordered that the Clerk do advertise for sealed proposals for bids for bonds to the amount of seventy-seven thousand five hundred dollars, which were received and accepted November 3d, with this proviso, that payment should be made partly in cash and part in ex- change of bonds where such purchaser held county scrip. Once more we find under date May 7, 1877, that the Board of Supervisors directed that county bonds to the amount of ninety-six thousand dollars, in accordance with the Act of March 27, 1876, be issued for the sum of five hundred dollars each, and bearing interest at the rate of seven per cent. per annum, and that the serip for such be delivered to Sutro & Co., the purchasers of the whole amount. Finally it was directed that the bill prepared by the Finance Committee to issue bonds of this county to fund the warrants on the General Road Fund now in the hands of the Lick Trustees, be recommended for passage, a step that was taken consequent on the bequest of a certain sum by James Lick, for placing an observatory on the summit of Mount Hamilton under certain conditions.
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