USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 39
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March 13th, directions were given to the Alcalde by the Ayuntamiento to make out a deed of four vacant lots of the north section of the new survey to S. C. Young for services rendered the pueblo; while on the same date, the Council decreed that any Indian found loitering or drunk about the pueblo should be liable to be hired by the Alcalde to such person as he may think
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proper, for such price as he may demand, and the proceeds to be expended in providing clothing for said Indian; two resolutions which to us of to-day appear curious, to say the least of it.
On March 7, 1850, a Bill was introduced into the Legislature by Senator Bassham, entitled " An Act to incorporate the City of San José." It was passed March 27, 1850, and defined the boundaries of the city to be: " All that tract of land lying between the limits hereinafter mentioned, that is to say: Beginning on the cast bank of the Coyote river, two miles south of the center of Washington square in the Pueblo of San Jose, and running due west to the west bank of the San Jose river; thence following down the bank of said river to a point four miles distant in a straight line; thence due east to the east bank of the Coyote river; thence up the bank of said river to the place of beginning, shall henceforth be known as the City of San José. "It was also ordered that the government of the city shall consist of a Mayor and Common Council of seven members, one of whom shall be elected President. The Mayor and Common Council were designated a Body Politic and Corporate under the name of "The Mayor and Common Council of the City of San Jose," and at the same time a City Marshal, City Attorney, City Assessor and Treasurer should be elected on the second Monday of April, 1850, and in each year thereafter. Consequently the election was duly had, and on April 13th, the Mayor, Josiah Belden, and the Common Council, F. B. Clement, President, Benjamin Cory, James D. Curl John H. Garrison, Peter Shereback, Julian Hanks and William Foster, held their first meeting.
At the first election held under the Act incorporating the City of San José, William Daniels, being Inspector; David Barney, William J. King Judges; and C. J. Torbert, George J. Hobe, Clerks, the following was the result: Mayor, Josiah Belden, one hundred and ninety-five votes; Common Council, Ben Cory, two hundred and twenty-nine votes; J. D. Curl, two hundred and twelve votes; W. Foster, two hundred and eight votes; J. H. Garrison, two hundred and seven votes; P. S. Shereback, one hundred and ninety-nine votes; Julian Hanks, one hundred and ninety-seven votes; F. B. Clement, President; City Marshal, G. Montgomery, two hundred and five votes ; City Attorney, T. L. Vermeule, two hundred and four votes; City Assessor, P. Davidson, two hundred and six votes; City Treasurer, J. C. Conroy, one hundred and ninety-eight votes.
At this session F. B. Clement having been called to the Chair, and Ben Cory requested to act as Secretary ad interim, immediate steps were taken for the election of a permanant Clerk, which resulted in the choice of Thomas B. Godden, he having received a majority of the votes over S. O. Houghton. Mr. Cory then presented an ordinance fixing the amount of bonds of the Treasurer, Assessor, Attorney, and Marshal, the sums being respectively
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established at fifty, twenty, ten, and ten thousand dollars. Mr. Cory next offered a resolution to the effect that a committee of two be appointed for the purpose of making inquiries with regard to the liabilities of the late Ayuntamiento or Town Council, the last President of which was Jacob D. Hoppe, to whom was sent a committee deputed to request his supplying a summary of all the ordinances passed by that body. The first committee consisted of Messrs. Hanks and Shereback; the last of Messrs. Curl and Garrison. Mr. Cory now presented a resolution to require. the last Ayun- tamiento and its officers to hand over all books, records and papers in their possession belonging to the city of San José; and again he made a motion " to offer the building known as the Legislative Hall, free of charge to the Legislature which is to assemble in January, 1851, and to be used as long as the Legislature may require it in its session." Further, Resolved, " that the Mayor of the city deliver a copy of the foregoing resolution to the Senator representing the District of San José, said Senator to lay the same before the Legislature," both of which were unanimously adopted. We have mentioned above the settling of the bonds to be presented by municipal officers, those of the Assessor, Attorney, and Marshal were, April 16th, reduced to five thousand dollars each, while that of the Treasurer was decreased to twenty- five thousand. On the 19th April the Juzgado was designated as the place for holding the forthcoming session of the District Court. Ordinances were now adopted for enforcing the payment of city taxes, licenses, etc., in lawful coin or gold-dust at the rate of sixteen dollars per ounce, troy, while regu- lations were passed respecting the Acequia, or city ditch, used for irrigating purposes, and, on April 24th, laws prohibitory of gaming were determined. On the 27th the use of the principal room on the lower floor of the City Hall was tendered to the clergymen of the different denominations in the city; while, as a criterion of the rates paid for clerical assistance at the time, eight dollars per day was allowed to the Marshal for a clerk; and the Surveyor directed to run out the city boundaries, and execute a map thereof was granted twenty dollars a day for himself and sixteen for help.
May 4th, the following appears on the minutes: "On motion of Mr. Curl all business then before the meeting was laid over. Mr. Charles White, a citizen of San Jose, begged leave from the President and Council to state that the account of Pedro Sainsevain (for rent of State House) became due on the first of May. Mr. Cory presented an ordinance to the effect that the obliga- tion of Messrs. Belden, Reed and Aram, as trustees for Messrs. Hoppe, Mc- Cutchen and others, for the purchase of the City Hall should from and after the first day of May bear interest at the rate of eight per cent. per month, extending to no longer than four months; the interest to be paid monthly: on motion the ordinance was adopted. About this time an attempt was made to have the Juzgado removed from where it stood in what is now
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Market street, and to that end a committee was appointed, May 4th, to report whether the adobe and other material could be utilized for further building purposes. They reported May 7th, in favor of selling the edifice, which the Marshal was authorized to do on May 15th. Let us see who signed this petition as a means of finding out the names of some of the resi- dents in May, 1850: Hoppe, Hawkins & Co., Julius Martin, William Dan- iels, Joseph Aram, Geo. B. Tingley, R. B. Buckner, Joseph Stillwell, Wm. Mccutchen, S. W. Johnson, K. H. Dimmick, S. C. Young, D. Divine, W. H. Eddy, Ephraim Fravel, L. L. Logan, D. W. Dickey, Asa M. Bowen, John H. Moore, Freeman S. Mckinney, Joseph Lee, E. Hansbrough, C. T. Ryland, Thos. Bodley, R. M. May, John M. Jones, James C. McClellan, H. C. Melone, Edward W. Rawle, James W. McClellan, George S. Appleton, J. R. Wilson, Gidney Underhill, John Carney, Geo. N. Whitnam, Matthew Chambers, John F. Williams, William T. McClean.
May 23d, a committee was selected to wait upon the priest in whose charge was the Roman Catholic Church, for the purpose of requesting its officers to desist from the further building of houses not designed for church purposes, and also to have removed all the buildings occupying the ground at the time. No attention would appear to have been paid to the request of the Council or their committee; it was therefore resolved, August 5th, that the Mayor should be requested to notify the priest or other person in charge of the church in San Jose, of the violation of the grant upon which the said church lots are held, in the erection of houses thereon other than for religious purposes, and that he also notify the said priest to cause the removal of such buildings and to cease the further letting of the ground, under penalty of a suit at law for the recovery of the property so misapplied to the grantors. . And that the Mayor also notify all persons now owning or occupying houses upon the said ground, other than such as for religious uses, to remove, or cause to be removed, the same, within fifteen days from date, or that the said buildings will be removed summarily by the city authorities. On the 3d September the Council passed a resolution suspending action for the present, at the same time protesting that the priest had no just nor legal right to occupy or lease the ground upon which the church edifice is erected, for secular purposes. The matter was then placed into the hands of the City Attorney, who communicated to the Council in regard to the erection of buildings on the church property; the deed granting lots numbered fif- teen and fourteen in block number one and range one, north of the base line, to Josá Maria de Jesus Gonzales, Governor of the Mitre of the Roman Cath- olic Church of the Territory of California by First Alcalde, Kimball H. Dim- mick, for and in consideration of the sum of one dollar, states that the grant is made "as a consecrated place of religious worship to Almighty God for ever," it was therefore considered by the Common Council, and their legal advisor,
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that the church had not the power to let, lease or alienate any of the pro- perty for the purpose of raising revenue, even if the occupations pursued by the tenants be such as are not objectionable to moral and religious feelings, but certainly not when such occupations are evidently destructive of relig- ious influences, and a mere mockery of the intentions of the parties who granted the property which is so misappropriated. The deed referred to is dated January 13, 1849.
Suitable accommodation for a city prison was ordered to be rented, on May 23d; on the same date itinerant vendors were directed to be licensed ; and, on the last day of the month, an ordinance prohibiting bull-fights was adopted, a firm attempt to break the Sunday pleasure of the native Cali- fornian.
On June 10th a committee consisting of C. White and J. Aram, in relation to the Manuel Pinto lot required for the opening of Santa Clara street, reported and recommended, that, inasmuch, as the appraisal of said property had been fixed at two thousand dollars, that the family be allowed one hun- dred varas square of the outer lots as a compensation. On the report being accepted, authority to make contracts for carrying out the work was given. Another house which it was found necessary to remove for this purpose, was that of Salvador Mora, who, it was recommended, should receive two hundred dollars compensation. June 26th, an ordinance was passed, directing all places of business to be closed on the Sabbath day; while, at about the same time, a petition was received, from Lallemand & Delfino, requesting permis- sion to open a market stand which was granted.
The first establishment of Fire-limits was effected, July 11, 1850, as fol- lows: Commencing at the intersection of Second street with St. James street, thence along the center of Second street to its junction with San Carlos street; thence along the center of said San Carlos street to its junction with the Acequia ; thence along the said Acequia to a point that would intersect the prolongation of St. James street; thence along the said St. James street to the place of beginning. Section two, of this ordinance, pro- hibited the erection of edifices composed of canvas, willow, cotton cloth, tules, mustard, reeds, or other grassy substances, under a penalty of not less than twenty-five nor more than two hundred dollars. Three-Forbade the . existence of hay-stacks, unless inclosed or suitably guarded, under a like penalty ; and Four-Enjoined the immediate removal of these under the same forfeiture. With the marking out of fire-limits, application was made to the Common Council, November 4th, when Alderman Garrison was instructed to inform Fire Engine Company, No. 1, that an engine would be furnished to them as soon as one could be obtained ; which was done, and may now be seen in the Franklin Engine House. On the 18th, they notified the corporation of the adoption of the name " Eureka Fire Company, No. 1;"
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when a committee was appointed to report on the constitution of the com- pany, and the feasibility of erecting an engine-house and purchasing apparatus for them.
July 11th, city taxes were ordered to be levied at the rate of one per cent. ; a resolution regulating the Mayor's Court was adopted; and on the 23d, a municipal seal was talked of and a motion to ask the Mayor to provide one passed. On this date William Bartlett was appointed City Clerk vice Godden, resigned. About this period it was customary for the more reckless of the citizens to settle their superiority in horse-flesh in the public thorough- fares, a fee of two dollars was, therefore, directed to be awarded, to the arrest- ing Constable, in such offenses, while, the fiat went forth and doomed the Spanish language in the county, that all petitions or communications writ- ten in any other than the English language should be laid on the table indefinitely.
At the session of the Common Council, held on August 5th, the following resolution, which speaks for itself, was offered: " Resolved, That the present condition of the finances of the City of San Jose require correction. The city is now paying an interest of eight per cent. per month upon the sum of thirty thousand dollars, when it is believed that money could be borrowed, for the use of the city, at a rate less than half the above. The city officers and police are unpaid for several months' services, and there are no funds to meet these and other demands accruing; it is, therefore, deemed advisable to disembarrass the city, from the operation of this state of things, by a mod- erate loan of money, at a low prescribed rate of interest." On the motion being put, the accompanying was then carried: " Resolved, That the Mayor of this city, Josiah Belden, Esq., and Mr. William Foster, of the Common Council, be and they are hereby appointed Commissioners to negotiate a loan of thirty thousand dollars, for and in behalf of the city, in accordance with the provisions of an ordinance, passed this day, by the Common Council of the City of San Jose." The effect of this resolution will be found further on.
During the current year, 1850, the following circular was promulgated; it is now produced in order that it may be shown what was done for suffer- ing humanity. It is also a means of perpetuating the names of some of those who took an interest in the good work: "WHEREAS, Reliable news has reached us, that great numbers of those who are traveling the northern routes to this country are suffering immensely from the want of the com- mon necessaries of life : And, WHEREAS, a deep sympathy pervades this city for these sufferers: And WHEREAS, true sympathy ever prompts to benevo- lent action; therefore, Resolved, By the Mayor and Common Council of the the city of San Jose, that San Jose will cordially cooperate with those who are engaged in the benevolent enterprise of sending relief to the starving immigrants upon the plains; Resolved, That we will act as a committee to solicit
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subscriptions in money and provisions, to be forwarded by the hand of Hon. John Bigler, to the Sacramento City Immigrant Relief Committee, to be used promptly for the benefit of the suffering immigrants; Resolved, That James F. Reed, Charles White, John A. Houston, J. D. Hoppe, Charles Campbell, and Isaac Branham be appointed to co-operate with us in this work; Resolved, That his honor, Josiah Belden, be appointed Treasurer of the committee, and F. B. Clement be appointed Clerk; Resolved, That we will not be idle in this good work." Among those who subscribed sums varying from one hundred to one dollar are: Evans & Co., D. Williams, Fred. G. Appleton, John H. Garrison, John Aborn, Ben Cory, J. A. Quimby, Charles Campbell, Lemuel Hudson, E. Woodnutt, Joseph Aram, Robert Byers, R. H. Curl, Guard Colwell, George Lehr, Mr. Brayton, Alex. Guard, S. K. Gibson. S. W. Hopkins, John McKune, H. E. Bond, E. W. Anser, Judge Hester, Julian Hanks, Thomas Ritchie, David David, Nicolas Polli y Co., Louis Borrel, Ricardo G. Killaby, William Gulnac, Thomas A. Ticklin, Nathaniel M. Ward, T. J. York, L. G. Colgrove, S. A. Hanks, G. F. Wyman, James Robinson, R. O. Lowry & Co., M. H. Briggs, Thomas Piles, Angel Levari, W. R. Bassham, George East, Henry Vanderslice, Pascual Savarre, M. Durand, T. Travener, A. Chatelle, George Montgomery, Joseph McKee, Josiah Belden, F. Lightston.
Will the old resident cast a glance over these names and see how few of them remain ! 'Tis for this reason that histories such as this are written, in order to perpetuate cherished names and associations, where the present has gone hand in hand with the past in an errand of mercy, like the help- ing of fellow-sufferers, or the building up a city such as San José now pre- sents. Such deeds, we assert, deserve not to be forgotten; rather should they live as bright beacons to guide the youth of to-day, and be an exam- ple to them of what tender and manly hearts, backed by indomitable courage and perseverance, could perform three decades since.
In the year 1850, the Common Council of the city of San Jose became suddenly impressed with the truthfulness of the ancient adage, which might be distorted in " all work and no pay makes Jack a dull boy." Why they were discontented with "honor and glory " and demanded " backsheesh" is left in the dark. Dr. Ben Cory was the only member of that body who opposed the successive motions, but might was too much for right, as the following information, culled from the City Records, will explain : On Sep- tember 24th, an ordinance to allow pay to the members of the Council was adopted, the vote on the occasion being: For-Messrs. Garrison, Foster and Hanks, Dr. Cory voting in the negative. On the strength of this, the Mayor was allowed eight hundred and thirty-three dollars, thirty-three cents, on October 5th; while on the same day Alderman Curl drew, for the like purpose, five hundred and sixty dollars. October 28th,
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the sum of sixteen dollars a day was allowed to the City Clerk ; and a salary of two hundred and fifty dollars per month to the City Attorney ; and, November 4th, Alderman Clement was authorized to draw sixteen dollars per day for his services. At this juncture, the citizens were seized with what might be termed a righteous indignation, and transmitted the annexed petition, signed by one hundred of the principal residents to the Honorable, the Council of the City of San Jose :- "The petition of the under- signed citizens respectfully represents that they have heard with regret that Your Honorable Body have passed an ordinance providing that each member and Clerk of the Council shall be paid sixteen dollars for each time appointed for their regular meetings, whether present, or absent, your petitioners hereby REMONSTRATE against this law, and request that the same may be repealed, for the following reasons : First, because it is UNJUST to demand payment for services not rendered. Secondly, because the sum provided to be paid is too much for one or two hours spent in the evening ; it has never been charged by former Councils, and citizens having the best interest of the city at heart are willing to perform the duty without reward, for the good of the city. Thirdly, because the funds of the Council are greatly needed to provide fire engines and hose for the protection of the city against fire; for the digging of large and deep wells for reservoirs to supply the city with water in case of fire; for grading the principal streets so as to carry off the water in the time of rain; for bridging the slough in the city, so that loaded teams, and travelers, may have easy access to the city during the rainy season, and for other purposes, which the best inter- ests of the city demand. Your petitioners would ask Your Honorable Body, now that the county has assumed the debt of the city, to reduce the very heavy tax imposed upon them ; but, if this cannot be done, they very earnestly ask that the tax may be applied to the purposes which the welfare of the city demands. Your petitioners would further represent that the question of the final location of the Capital, by the recent vote of electors, assumes an aspect demanding the action of the citizens of this place to secure its location here, and would suggest to the Council the necessity of constructing a plank road on the nearest route to the embar- cadero, to which the city, as a stockholder, ought to subscribe. To the sub- jects, vital to our prosperity as a city, we ask your immediate attention, and, as in duty bound, etc." The last mention made of this matter, in the year 1850, was the presentation by Dr. Cory, December 30th, of an ordinance to repeal that granting pay to the members of the Council, which on motion to adopt, the ayes and noes were called with the following result: Ayes, Messrs. Cory, Curl, and the President ; noes, Messrs. Shereback and Garrison.
In the month of September a petition was received from several Spanish residents requesting to be allowed to maintain a theatre on Sundays, which
Gray
Sarah L'Know- Goodwitch
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was refused by the Council; as was also another in regard to holding bull- fights on that day. October 28th, John Jones, Charles Campbell, and James Appleton were appointed overseers of the poor; November 4th, an ordinance directing all cattle to be slaughtered on Washington square was passed ; on the 18th it was ordered that employes in the City Hospital should be paid by the Treasurer in " good hard money," in contradistinction to gold-dust, and on December 2d, the first steps towards the laying of sidewalks were taken. The Mayor, in conjunction with a committee, were authorized to receive proposals for laying sidewalks where a suitable way had not been already made. The streets along which they should run were: In First street, from the north end of the City Hotel to its intersection with San Fernando street: In Santa Clara street, from First street to Market street : In Market street, from Santa Clara street to San Fernando street: On the south side of San Fernando street, from Market street to First street; and on San José street, from the south end of the Legislative Hall to where it inter- sects San Fernando street, on the east side only. These were to be con- structed of the best inch-and-a-quarter pine, red, or fir wood, with well- male gravel crossings, and of five feet in width; one-half of the expense was to be borne by the city, the other moity by the property-owners front- ing on said streets, an equitable assessment being made by the committee appointed to superintend the work, Messrs. Curl and Garrison.
On the 23d December authorization to rent a room for the use of the Mayor and Common Council was given to the City Marshal; while about this period a petition, signed by about a hundred citizens, stating that there are continuous abuses of the ordinances against the sale of liquors on the Sabbath, was presented to the City Fathers. It described that these mis- uses tended greatly to the detriment of the law-abiding citizens, and immensely to the benefit of those who use all kinds of chicanery to thwart the spirit and intention of said ordinance-morcover, that while the small dealers pay comparatively the largest sum for license, their best day is taken from them, thus making it doubly burthensome for them to pay such license. In view of these facts, presumably because " their best day " was taken from them, and not from any sentimental idea that the Sabbath was made for man, the repeal of the ordinance which prohibits the sale of liquor on that day was prayed for.
We shall now turn to what proceedings were taken in regard to the State Capital during the year 1850.
In accordance with the resolutions adopted at a meeting held September 8, 1849, that the Town Council, following out the prayer of the citizens of the pueblo, "offer for the acceptance of the Convention now assembled at Monterey, the square known as Washington square, which contains thirty acres, more or less, of land, for the sole purpose of erecting State buildings 23
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thereon, and to be used by the State Government for all such public purposes as they may deem necessary for the Capitol of the State, it being under- stood that whenever the Capitol shall be removed from the square it shall again revert to the people of the pueblo." At a meeting held January 17, 1850, the following resolution was unanimously adopted : " Be it resolved, that the Town Marshal be directed to deliver over to the Chairman of the Committee on Public Buildings of the Legislature now assembled in this place for their acceptance a deed of Washington square, and if accepted by the State, to be placed on the Minutes of this Ayuntamiento; and that the Alcalde in such case be required to make out such a deed to the State of California." On the 13th March the Ayuntamiento, in meeting assem- bled, resolved, "that a committee of two be appointed to contract with the owners of the house occupied by the Legislature of the State of California for the purchase thereof, and that said committee have power to pledge the faith of this town for the purchase money thereof, with interest at the low- est rate per month possible. And be it further resolved, that the proceeds of the sale of lots already sold, as also all lots which may hereafter be sold, shall be appropriated for the payment of said house. The committee, Messrs. Davidson and White, entered upon their duties forthwith, and on April 11th made the following report : "Your Committee to whom was referred the purchase of the building now occupied by the Legislature of the State of California report as follows: That they have contracted with the trustees of said building on behalf this city, the nature of which contract is that the said trustees enter into bonds for the delivery of the titles, house and all the appurtenances thereunto belonging, on the condition that the Ayunta- miento will now pay over the interest until the 1st day of May next, in the sum of fifteen thousand dollars, from the 1st day of February last, and also to pay the interest on the remaining portion of said purchase money, being nineteen thousand dollars, from the Ist day of May next, at six per cent. per month, payable monthly, making the whole amount of said money, in all thirty-four thousand dollars; all of which is respectfully sub- mitted, etc." It should have been mentioned that the report was made to the Mayor and Common Council, who had in the meantime succeeded the Ayuntamiento, in accordance with the Act of Incorporation, they resolving, April 9th, that all contracts entered into by the Committee to provide for the Legislative Hall, under authority of the late Ayuntamiento, shall be held good by the authorities of the city. Meanwhile the city had become involved in debt, and the Mayor was directed to raise the sum of thirty thousand dollars, to wipe it out. Ultimately the debt of the city was assumed by the county; but we must not anticipate.
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