USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 41
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Notwithstanding the condemnation of the measure quoted above, Alder- man Garrison, March 4th, offered an ordinance " to entitle each member of the Common Council to draw upon the City Treasury for sixteen dollars for each night of service, and in cases of absence, to receive pay only when the excuse rendered should be accepted by a majority of the members." Thereupon ensued a discussion between Aldermen Cory, Curl, and Garrison, when the last-named gentleman asked and obtained leave to withdraw the ordinance, which, with the addition of some amendments, he once more pre- sented for acceptance, On motion of Mr. Shereback to adopt, the ayes and noes being ordered, resulted as follows: Ayes-Messrs. Curl, Clement, Gar- rison, Hanks, and Shereback ; noes, Mr. Cory. It was, in due time, trans- mitted to Mayor Belden, and by him returned, with the following message : "As this is the fourth ordinance of the same nature that has been presented to me, and as I have on former occasions stated my objections to the ordi- nance, it appears unnecessary to repeat them again at this time. I do not see the necessity of going through the same course of proceedings several times in succession. When the former ordinance was returned with my objections, it was at the disposition of the Council to reconsider the vote, and pass it, according to the provisions of the City Charter, or not, as they thought proper. As that was not done, and as the same objections still exist, I feel compelled to return the ordinance without my approval, on the ground that
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the state of the city finances will not justify it, and that it is not sanctioned by the City Charter." Even now the affair was unended. A resolution, introduced on April 3d, by Alderman Cory, to disentitle the members from receiving pay for their services in the Council, was rejected; but a motion, having the like end in view, offered by Alderman Curl, was adopted on the same date. It then became the custom for the motion to be made at each season "that the members receive no compensation for this meeting," until, on the 19th of April, the following proceedings were had: "An ordinance to repeal the ordinances of March 10th, and May 18th, which established the salaries and fees of city officers, and granted compensation to Members of the Council, was proposed by Alderman Cory, and, on motion of Alderman Belden, adopted."
The following statement in 'regard to the revenue of the city was sub- mitted and adopted, January 27, 1851, on presentation of the reports of the Treasurer, Collector and Clerk of Council: "That it was impossible for the committee to strike an accurate balance between the receipts and expendi- ture of the city owing to the failure of one of the former clerks to record the amounts of certain bills which were audited by the Council; that from the amount of data in their possession they were enabled to produce the fol- lowing results :-
City Income for year ending January 4, 1851. $37,359 30 City Expenditure for one year ending January 4, 1851 37,106 0+
Amount of credit of City. $253 26
Included in above amount of expenditure was seven thousand five hundred dollars for claims incurred during the previous year by the Ayuntamiento and paid by the present Council from out of the revenue of the present year." On April 12th, the total amount of taxes collected to date was :-
Real estate and Personal property
$26,783 00
License tax 13,326 00
Taxes on " Five-hundred-acre lots "
174 50
Total $40,283 50
On Aprit 15th, the financial state of the City was :-
Receipts of Revenue amounted to $+2,236 38 .
Disbursements. 17,640 87
$59,877 25
Various expenses $50.090 56
Redeemed serip 9,729 69
$59,820 25
Balance in Treasurer's hands.
$57 00
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SAN JOSÉ TOWNSHIP.
There was also due on this date $23,000 00
Scrip outstanding.
7,910 00
Total $30,910 00
Of municipal appointments made in the year 1851 prior to the election of the Corporation in April, we find that on January 7th, D. H. Mason was elected Clerk of Council vice Bartlett resigned: January 20th, Joseph Simp- son was appointed to the same office in place of D. H. Mason resigned; and on April 15th, the general election for city officers was held with the fol- lowing result : Mayor, Thomas W. White; Common Council, Joseph Aram, J. B. Devoc, (appt. President) Ben Cory, H. C. Melone, J. M. Murphy, Josiah Belden, Jacob D. Hoppe; Attorney, John H. Watson; Assessor, Charles E. Allen ; Treasurer, Frank Lightston; Marshal, George W. Whitman, Clerk, J. Simpson.
On April 19th, His Honor, Mayor White addressed the following message to the Common Council: "GENTLEMEN .- I regret that the shortness of time before me and the difficulty of immediately perceiving the best course of action to be pursued in relation to the duties upon which we are just enter- ing renders this communication briefer and more general than it would have been under other circumstances. I shall therefore merely invite your atten- tion to such subjects as require the earliest action.
I perceive that heretofore there has existed in the city offices such a want of order and system in keeping books and papers as to be productive of much inconvenience if not loss-I would therefore recommend that the Clerk, together with some individual acquainted with the Spanish language, be employed to collect as soon as possible all the books and papers belonging to the city government, and properly file and arrange them in cases well secured.
And I would further suggest that such a method be hereafter pursued in the various offices as will effectually guard against the present confused and insecure state of the city archives.
I would, moreover, recommend that regulations be adopted mere particu- larly specifying the time, manner, and form of every officer's report.
Although the indebtedness of the city is great, and the most rigid economy consistent with safety should be pursued, yet, I am convinced that a small police force should be constantly employed. Crime and disorder are becom- ing so common that unless adequate means be employed to enforce the law, the very object of the city government must be defeated. Certainly a night-police should be employed.
I would recommend that the present rate of taxation (one per centum) be continued, as the assessment for this year will be so much lower than for the last, as even at the present rate to produce too small a revenue. I shall soon communicate with you in regard to licenses.
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
I would suggest that hereafter no more issues of scrip be made-more than eight thousand dollars are now in circulation-and I would recommend that if any interest is hereafter to be paid on audited bills, that the rate be reduced.
I would further suggest that the ordinance prohibiting the sale of spir- itnous liquors to Indians be more fully and clearly defined.
I would recommend that at an early date the city prison be better venti- lated and that the door be rendered more secure, as in its present condition it can easily be thrown down.
Under our charter it is very doubtful whether a chain-gang can be made, and although our streets require much working, we must at present resort to some other method than by working prisoners upon them.
I would respectfully urge that a Fire Department be immediately organ- ized, and if necessary that an engine and other apparatus be procured-but there is reason to believe that the public spirit of our citizens will render any outlay by the city in this matter unnecessary.
The city of San José, it is believed, has valuable property in lands outside of its limits, but as no certain action can be taken in relation to it until the original titles are procured, I would recommend that the City Attorney be directed immediately to cause a thorough search to be made for them in the archives in this place, and at Benicia and Monterey; and if necessary to apply to our Minister at Mexico for authenticated copies of the original grant, and other papers and documents in any manner touching this impor- tant subject, and that he report to Your Honorable Body at the earliest period. I deem this a matter of the greatest importance and trust that no labor will be spared in urging this investigation with energy.
In concluding this hasty communication allow me to add, gentlemen, that I am gratified in knowing that the intelligence of Your Honorable Body, and your sincere desire to promote the greatest public good cannot fail to command the approval and admiration of your fellow-citizens; even if, in the discharge of your duty you may occasionally conflict with the private interests of individuals.
When a railroad communication (now so generally desired) shall unite our beautiful valley with the great mart of our State, thereby facilitating its agricultural development, it will only remain with you to so direct the affairs of our city, as to make it one of the most desirable residences in this or any other country.
In every measure which has in view this object, or which will add to the prosperity of our city, increasing its resources, insuring its health and safety, or contributing to its beauty or morality, I assure you of my hearty co-oper- ation."
January 27, 1851, there was passed an ordinance, by the Council, whereby
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it was proposed to donate both St. James and Washington squares to the State on condition that San Jose should be made the permanent seat of government, but to no good effect. April 19th, a committee was appointed to draft amendments to the charter; on May 3d, a resolution tendering their thanks to the Senate for their "munificent gift" to the city, of the Senate Chamber, introduced by Alderman Murphy, was adopted by the Council ; on June 11th, the resignation of Alderman Devoe was received, who was succeeded by William Aikenhead, on the 10th July ; and on September 17th, the following extraordinary petition, in favor of gambling on the Sab- bath, was received from Francisco Carrillo: "To the Honorable Mayor and Common Council of the City of San Jose :- Your memorialist, Francisco Carrillo, a resident of this place and proprietor of the public saloon, known as the Mina de Oro, respectfully prays that the prohibition now existing against games of hazard being pursued on the Sabbath day, be repealed by the action of Your Honorable Body, and as grounds for his petition, he begs leave to set forth the following reasons :-
"Sunday is a day not only of rest and relief from the labors of the week, but to many it is a day, out of the seven, the most appropriate for the pursuit of pleasure and amusement.
"There are many persons, now residing in our midst, who look upon gaming in a far different light from that of the stern moralist, and they fondly regard it as the favorite occupation of the Sabbath day. They become aware that on this day it is forbidden within our municipal limits, but this circumstance does not either prevent or deter them from engaging in this, their most highly-prized pastime. Some go to the neighboring town of Santa Clara, where the prohibition does not exist; others choose the Mission of San Jose; while many form parties, who depart from the town on the approach of Sunday and entertain their usages and desires in this recreation, in places where they are able to wink at the provisions of a municipal ordi- nance. The money which changes hands, and circulates through the medinm of games of hazard, is really a loss of considerable moment, when this amuse- ment is pursued elsewhere ; and the truth of the assertion does not admit of a doubt, from the fact that since this prohibitory ordinance went into force, the scarcity of money has been ten-fold more manifest.
" In addition, there is another important necessity for the repeal of this extremely moral ordinance, which, although it be a reason that emanates from the same source, it is of a different nature from those preceding. The inhabitants of southern climates, not only those who spring from Spanish origin, but also those who have emigrated from the Southern States of the American Confederacy, have followed this pastime on all days of the week, from time immemorial; it is with them an established custom, and consequently an occupation and pleasure which they cannot abstain from, nor is it likely or
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
possible, when the example and inclinations of their race have changed this practice into a fixed and immovable characteristic of their nature, for them to forego the attraction of the amusement, and bow obedience to the repug- nant doctrines of this municipal law. The law may be enforced within the city limits with the utmost vigor and diligence; bit beyon 1, gaming will inevitably exist, followed by those who, from their birth, have been aceus- tomed to its presence.
" It is also the belief of our memorialist that the prohibitory law of this city against gaming on the Sabbath, has the honor of occupying an isolate I posi- tion, or in other language, being the only one in force in this State, and pro- viding for the removal of a pursuit which the Californian Legislature up to the present, have not thought proper to interfere with. There is another belief entertained, not only by the writer of this memorial, but by many prominent and affluent citizens of this place, that while gaming is forbidden on the Sabbath by our municipal regulations, there exist well-founded objections for many who would otherwise visit our city, and perhaps select it as a place of residence. Your Honorable Body is well aware, that there are many who loudly vent their displeasure and spleen against the disagree- able monotony of a Sunday here in our city, that they utter their discontent in a variety of disordered exclamations and anathemas, condemning the s une ordinance in question; the native farmers and rancheros, invariably depart for their homes as soon as their religious duties are discharged, when, other- wise they would continue here during the remainder of the day. Our city is clothed with a soulless and gloomy appearance on this day, which your memorialist sincerely believes results from the moral, though ruinous, effects of this ordinance. Then, again, those who are unwilling to remain, or even visit our city, are they who have scattered their money, in profusion, in our midst, and given to the business of the place its most vigorous impetus in the last three years. This fact is well comprehended by the business mem- bers of Your Honorable Body, and although morality forbids, policy should dictate the repeal of a regulation so obnoxious to the inclinations of a part of the inhabitants of this State, who have materially benefited and still may benefit our newly incorporated city.
" Your memorialist would also respectfully represent that the license taxes, imposed by the laws of this city, are exceedingly burdensome, and that Sun- day is the only day of any certain or considerable profit to himself, and to others who follow the business of keeping public saloons, and its respective business must discontinue, will be the inevitable result ; and, if such be the fate of these houses of resort, the members of Your Honorable Body can readily perceive that the pernicious effects of this ordinance, will be to deal a death-blow to the whole of the business of the city. Even if it effects nothing more than to cause the saloons to discontinue their operations this
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will deprive the City Treasury of a considerable amount of license taxes monthly, not to mention those persons who may determine to allow their money to circulate elsewhere. Your memorialist would humbly but firmly represent to Your Honorable Body, that he must either bring his business to a close or be allowed to have gaming in his house on Sunday. He is now disbursing money in the place of deriving any proceeds, and, moreover, he is obliged to pay over to the City Treasury a considerable sum monthly to defray his license taxes.
" There are numerous reasons with which he could justify his memorial, but your memorialist is well convinced that this communication is already too lengthy. He is aware that it will not be policy to exhaust your patience, and he also comprehends the fact that the bitter truth of this memorial, does not exactly coincide with the moral and prejudiced views of a limited num- · ber of your constituents.
" All of which is respectfully submitted."
A committee appointed to examine into the establishment of a market place, on the Ist October reported that, in their opinion, Santa Clara street, east of First street, would be the most suitable place for the location of a publie market, and recommended the erection of a building, thirty by one hundred feet, the probable cost of which would be about fifteen hundred dollars, five hundred of which it was believed could be raised by subscrip- tion. It was further suggested that the building should be divided into thirteen stalls, at a rental of sixteen dollars a month each, and thus in a little time repay the money expended, and afterwards yield a revenue to the city. Proposals for the ercetion of such a structure were thereupon ordered; and, October 15th, permission was asked of Mr. Fannen " to lay pipes beneath the streets through which to introduce fresh water into the city."
We last heard of the Pueblo Lands on page 357; let us continue the sub- jeet as found in the proceedings of the Mayor and Common Council.
On March 31, 1851, an ordinance was proposed by Dr. Cory, and adopted, to appoint a Commission to obtain information in relation to the original grant of land made to the Pueblo de San Jose de Guadalupe by the Viceroy of Spain; and on April 3d the following message accompanying the "Ordi- nance to establish the title of the City of San Jose to lands," was received from the Mayor: "The accompanying ordinance providing for the appoint- ment of a Commission to investigate the land claims of this city having been presented to me for consideration, I have to state that the objects and general tenor of the ordinance meets my cordial approval; but I think some amendments might be made to it before it becomes a law, which would be beneficial. I would suggest that it might be amended so as to provide that the Mayor and President of the Council be ex officio members of the Com- mission ; that the Commission be required to report from time to time to 24
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
the Council the state and progress of their investigations, and that after having procured all the documentary evidence and information possible upon the subject, they lay the same before the Council, and that the Council shall then direct the Commission to make application in proper form to the United States Commissioners to confirm to the City of San Jose all the land which it shall appear to the Council that the city is justly entitled to. I think some provision of that kind would be proper, to guard against any undue influence being exercised in deciding between the claims of individu- als and the claims of the city. With these few suggestions I return the ordinance for your further consideration." On motion of Mr. Cory, the message was laid upon the table and the vote upon the ordinance reconsid- ered. Upon the question: Shall the Bill pass? It was lost by the following vote : Ayes-Alderman Garrison; noes-Aldermen Cory, Curl, Clement and Hanks. Mr. Cory thereupon introduced " An ordinance to appoint a Com- mission to investigate and establish the claims of the City of San José to lands," which was passed as amended by the suggestions of the Mayor. On the 19th the City Attorney made this report: " By Royal ordinance of the King of Spain in the year 1775, Felipe de Neve was commissioned to make regula- tions for the Provinces, amongst other things he founded the pueblo in 1777, established in 1779 regulations which were approved in 1781 by the King and directed to the Viceroy of New Spain, now Mexico. From the foregoing there can be no doubt but that all the documents necessary to establishing the bounds may be found in Mexico. In addition I find in the " Recopilacion De Indies " that a Pueblo is entitled to " cuatro Leguas en eandro." This is rendered differently by different translations; some think it is four square leagues, others sixteen square leagues. I shall examine at Benicia, ten days hence, the archives, where I have reason to believe important papers exist touching the rights of the Pueblo." In the meantime a new Corporation was installed in office, Mr. White occupying the Civic Chair. On the 30th April he declined to accede to a dissolution of the injunction upon the sale of city property, retaining his reasons for so doing until some future occa- sion. Pending the receipt of these, on motion to reconsider the vote by which the ordinance was passed, on being introduced by Alderman Belden, "Shall the ordinance pass,
was adopted; the question then recurring:
notwithstanding the objections of the Mayor?" it was carried by the follow- ing vote: Ayes-Aldermen Aram, Belden, Hoppe, Murphy; noes-Alderman Melone. On May 3d the "Resolution to Dissolve Injunction " was received from His Honor the Mayor with his promised remarks: "I return to Your Honorable Body the resolution adopted April 23, 1851, directing the City Attorney to procure a dissolution of the injunction upon the sale of city property as soon as practicable: . First, The interest of the city requires a postponement of the sale. Second, The city is entitled to all legal advantage
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when suing or being sued in a Court of Justice. Third, The granting of the injunction implies that either informality, an agreement, or injustice exists; and until said injunction is dissolved by due course of law, I feel bound (as one of the conservators of the city's rights) to respectfully dissent from the resolution." On the foregoing being read it was moved by Dr. Cory, and carried, that the vote by which the resolution was passed be reconsidered. The question then recurring upon the passing of the resolu- tion, despite the objections of the Mayor, it was adopted, by the following vote: Ayes-Aldermen Cory, Hoppe, Murphy, President; noes-none.
On the 7th May a communication was received from the Mayor advising the immediate necessity of investigating the title of the city to lands; and recommending in relation to the anticipated Sheriff's sale, of city property, that the Council direct the same to be sold in small quantities, and have notice of the sale made in the most important cities of the State, and that only as much should be sold as would pay off the amount of execution; and further recommending that the City Attorney be directed to inquire into the probable forfeiture and revocation of some of the "Five-hundred-acre" tracts. The City Attorney, on this date, presented a report stating that he had pro- cured the dissolution of the injunction against the sale of the city property, and the delay of another; and recommended that suit be brought against the Court of Sessions for the balance of purchase money due on Court House. May 14th, a resolution was submitted by Alderman Melone toappointa commit- tee to investigate the transactions concerning the sale of town lots for taxes last year (1850), upon which the vote was three for, and two against. The City Attorney reported on the sale of town lots for taxes, and that the prop- erty of many persons were sold by the Marshal to D. Devine as the highest bidder; that time had been allowed them, by the sanction of the former Mayor, to pay for the same; that the whole amount had been paid into the Treasury, and though not precisely in accordance with law, the city had suffered no detriment therefrom; and on the 16th, a message was received from the Mayor advising that publicity in all the important cities of the State in regard to the expected sale of city property by the Sheriff should be given.
On July 17th, the deed of certain town lots and public squares from James F. and Margaret Reed to the city was read at a meeting of the Common Council. Mr. Melone stated that the property had been purchased by Mr. Reed at the Sheriff's sale of city property sometime previous, and that for the benefit of the city he was willing to make a return of them to her in trust, for the same amount as he had paid for them at such sale. Mr. Cory offered a resolution accepting of the deed of J. F. Reed and releasing him from an indebtedness of some fifteen hundred dollars, a little more or less, the same being due by him to the Sheriff's sale, the land being now the
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
property of the city. The resolution was adopted, reconsidered and finally accepted, instructions being given to have the instrument recorded, when the Mayor's approval had been received. This it did not receive, as the follow- ing remarks made on the 22d will testify: "I believe that the interests of the city would be more advanced by a sale of the above property, and there- fore respectfully withhold my assent from the above resolution." The whole matter was laid on the table for the present, from which it was taken on the 6th August, on the motion of Alderman Cory, when the vote was reconsidered and carried, the Mayor's veto notwithstanding.
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