USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 42
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Mr. Belden offered an ordinance, October 18th, authorizing the Mayor to deed to J. Aram one hundred and fifteen lots redeeded by James F. Reed to the city, to be devoted to the defraying of expenses arising out of the loca- tion of the State Capital at San José; and, on the same date, at the instigation of Alderman Melone, a resolution was adopted calling upon the Mayor to collect of the Sheriff of Santa Clara county the balance due to the city, on account of sale of city lands, which was duly received from the Mayor, accompany- ing a statement of settlement made November 5, 1851, as follows: Statement of the settlement between John Yontz, Sheriff of Santa Clara county, and Thomas White, Mayor of San José, November 5, 1851 :-
J. BELDEN, ARAM, REED, Trustees of P. Quivey,
To F. LIGHTSTON, et al.
Amount of sale made March 12, 1851 $ 2,108 28
Amount of sale made May 28, 1851. 26,060 00
Total $28,168 28
Deduct amount of costs $963 54
Clerk's fees on three injunctions 54 00
1,017 54
$27,150 74
Amount due on both executions above referred to
$24,852 87
Balance due from Sheriff. $ 2,297 87
By amount of Reed's deed by which property bought by him reverted to the city 1,549 00
$ 748 87
November 5, 1851 .- Received this day of Sheriff the amount of seven hundred and forty-eight dollars, eighty-seven cents, which, as will appear by the attached copy of receipt, I have paid into the City Treasury.
THOMAS WHITE, Mayor.
November 28th, Mr. Melone introduced an ordinance authorizing the Mayor to execute a deed of trust to William Daniels of the city's interest in the San
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SAN JOSÉ TOWNSHIP.
José Land Company, for the benefit of the present creditors of the city, which was adopted; as was also a preamble and resolution introduced by the same gentleman, authorizing, instructing, and requesting the Mayor to exe- cute a deed to James F. Reed, or his agent, as trustee of the city of San José in a certain Land Company in conjunction with Charles White and Isaac Branham, other trustees, for one hundred and eighty acres of land heretofore granted to him by resolution of the Common Council.
It may be remembered that we last dealt with the subject of County Build- ings on page 356, when a committee was appointed by the Council to confer with Judge Redman; on the 7th May, that committee reported that they had proposed to receive from the County Judge ten thousand dollars for the State House, the amount expended by him for repairs on it to be comprised in that sum, and that the same was not accepted They then asked to be discharged. Another, composed of Aldermen Hoppe and Murphy, were appointed in their stead. In the meantime the City Attorney was called on for his opinion in the matter, who, on July 2d, made the following state- ment, that the building was purchased by the Ayuntamiento of the Pueblo de San José from a company of gentlemen for the sum of thirty-four thou- sand dollars, for the payment of which it, and other property, was mortgaged, and to which the city became a party by succession to the rights, obligations, etc., of the said pueblo. The city then sold the structure to the county for thirty-four thousand dollars, bearing interest until paid, and received a por- tion thereof to the extent of seven thousand dollars; subsequently a mechan- ics' lien and judgment was obtained against the said building, when Judge Redman became the purchaser; this sale vested the title of the edifice in the County Judge, and by placing it out of the power of the city to make a proper title to the county, the sale from the city to the county became null and void, and the former rendered thereby indebted to the county in the amount received from such sale. To attend to the subject Aldermen Cory and Aram were appointed a committee; and on the 22d, the Mayor communi- cated to the Council the information that a demand for the delivery of the State House had been made by Judge Redman.
On August 27th, the committee mentioned above, after consultation with the Court of Sessions, submitted an Indenture, containing a settlement of the indebtedness between the city and county, and also a deed, conveying to the latter, upon certain conditions, the building known as the State House. The document was referred back to the committee, with instructions to pro- cure the return of Market square, save that portion described within as an ellipse, and originally intended for the site of the Court House. In accord- ance with these directions these gentlemen, on October 4th, submitted a report and indentures of settlement consistent therewith, as well as the draft of an ordinance which was suggested should be carried into effect, the whole
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
of which were unanimously adopted. A resolution, introduced by Alder- man Belden, on October 15th, and passed, that the Mayor be authorized to release the county of Santa Clara, J. W. Redman, County Judge, and John Yontz, Sheriff, from all liabilities due by them to the city, and to dispose of the building known as the City Hall (State House) to the county; and the last mention made in the year 1851 of this vexed question, was the consultation of lawyers in relation to the demands of the city against the county. This being done, November 20th, Aldermen Cory and Aikenhead, of the com- mitteee, submitted the opinion of William T. Wallace and P. O. Minor, that " the covenants contained in both the deeds of October 23, 1850, between the city of San Jose and the county of Santa Clara are binding upon the city and county ; and that for the violation of said covenants by either of said parties the other may sustain an action;" which report was accepted. An ordinance was then introduced by Alderman Cory, which was adopted, authorizing Wallace & Minor to bring suit at law against the county to recover all moneys justly due the city from that source, and affixing their compensation at ten per cent. upon the amount for which judgment should be recorded.
Of the other official acts performed in the year 1851, the following mes- sage of Mayor White, dated August 27th, will best elucidate :-
" GENTLEMEN :- The law requires me to report to the Council once in every four months whatever relates to the government, improvement, or finances of the city, and to make such suggestions as to its improvement as may be deemed most fit.
"I am happy to state that the laws of the city have been uniformly and efficiently enforced, and that there is at this time a degree of order and quiet highly gratifying-in fact, but few offenses of a serious character have lately come before the Mayor's Court. I would suggest that as soon as possible an ordinance defining fire-limits and the regulations therein, be passed, and that fire-hooks and ladders be procured. Also, that an ordinance be promulgated prohibiting the introduction of meat into the city for sale after dark; also, an ordinance prohibiting the sale or keeping of unwholesome meat by butch- er's or grocers.
" The embarrassed state of the city finances has prevented me from doing much which is required for the improvement of the comfortableness, beauty, and cleanliness of the city; as I deem it of absolute necessity that the present heavy debt be discharged before money is expended in improving its appearance. On this account I have been unable to put in execution some improvements which are advisable, and which, under other circumstances, would have been effected.
"Since the commencement of the present administration to this time the total amount of money received into the Treasury of the city for licenses, as
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SAN JOSÉ TOWNSHIP.
shown by the Marshal's report, is one thousand three hundred and thirty- two dollars and thirty-four cents; and the amount, as paid out by the Treasurer, four hundred and thirty-five dollars, seventy-six cents. In April nine thousand seven hundred and thirty dollars in redeemed scrip was burned by order of the Council ; and by the Return of the Treasurer it is apparent that he has on hand at this time ten hundred and twenty-five dol- lars in redeemed serip (which I would also recommend to be burned). Total amount of serip redeemed is ten thousand seven hundred and fifty-five dol- lars. It is therefore apparent that a little over seven thousand dollars in city scrip is yet in circulation. I think it advisable to have this drawn in as soon as possible.
"In addition to this there is about twenty thousand dollars of city indebt- edness, a portion of which is drawing an interest of three per cent. It is necessary to discharge the amount drawing interest as soon as possible. I regret that the Assessor's return is not quite complete, that it may be deliv- ered to you at this time, but it will be sent very soon.
"Owing to the great depreciation of city property there is reason to believe that the amount will not much exceed one million of dollars, the highest rate of per centage (one per cent.) will therefore only yield about ten thousand dollars. The amount coming to the city from licenses for the whole year will not exceed four thousand dollars, making a total of fourteen thousand dollars. So it will be necessary to continue the present rates of licenses and taxes-one per cent."
The proceedings taken during the year 1851 in regard to the State Scrip were: April 3d a resolution was offered and adopted appointing the Mayor and President of the Council to proceed to San Francisco to dispose of the amount of State Warrants belonging to the city, and to apply the proceeds of such sale to the liquidation of the heavy judgment existing against the city. These could not be sold in San Francisco, therefore on his return, April 10th, His Honor convened a special meeting of the Council to take into consideration the disposition of the scrip. Hereupon Mr. Cory intro- duced a resolution which was adopted, authorizing the Mayor to pay over to Messrs. Aram, Reed and Belden the amount of State Warrants belonging to the city, to be appropriated at the rate of forty dollars on the hundred towards the liquidation of the judgment held by them and others against the city.
At a special meeting held on May 12, 1851, to take into consideration the propriety of tendering some inducement to the Methodist Episcopal Con- ference, then about to sit in San Francisco, to establish a University in San José, a resolution was offered, tendering the use of Legislative Hall to that body for the purpose, provided such an institution should be established in the valley, which was lost, and another adopted wherein Washington square
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
was proposed, but the Mayor subsequently pointed out a difficulty in the subjoined terse sentence. "The plot of ground within the city of San José, known as Washington square, having been already sold, the city may not be able to give such a title as may be satisfactory." Of the establishment of the institution we shall speak elsewhere.
In the year 1851 the progress of the city was marked by an era of much building enterprise. Chief among these erected were: a structure on the east side of San Pedro street called at first the Pavilion and afterwards the United States Hotel, at a cost of about fifty thousand dollars; then, at a like expense, A. Chatelle erected a two-story building on Market near El Dorado street, which was known as the French Hotel, and was the head-quarters of the gambling element of the city; then, the building constructed by J D. Hoppe, the adobes of which were brought from the old Juzgado; next, two one-story buildings constructed for Frank Lightston, on Santa Clara street, opposite where the Auzerais House now rears its elegant façade. The houses of the last two gentlemen were the handiwork of Levi Goodrich, who still wields a facile square and compass. O. S. Crosby built the residence long occupied by Mrs. Samuel J. Hensley; Secretary of State, William Van Voor- hies, erected a handsome frame building on Third, near William street; May, Lee and McCune put up the Morgan House on the corner of First and San Fernando streets, it being opened in the month of December by John R. Price ; the Bella Union, a saloon, stood on the site of the Auzerais House, and was afterwards rented as a Court House ; the restaurant called Star Fonda, kept by a Chilenian, occupied a position on Market street between, El Dorado and Santa Clara; while several structures less pretentious in their appearance were springing up on all sides. Of churches, the Presbyter- ian denomination had erected a neat little church, painted white with green blinds, on Second street where now their handsome brick edifice stands; the Baptists had a building on Santa Clara street, between Second and Third, where the Opera House now stands-it was burned in 1856; and the Meth- odists, North, put up a frame church on the south side of Santa Clara street, between First and Second, which had a seating capacity for six hundred, while the Roman Catholic edifice had been a landmark of long standing, where the elegant brick church of St. Joseph is situated. Hand in hand with churches are educational establishments. The San Jose Academy, taught by the Rev. E. Bannister, was incorporated in this year with a Board of nine trustees. Its first term closed on the 28th November. The College of Notre Dame was established in a wooden building located on the present grounds on Santa Clara street, between San Pedro and Santa Teresa' streets; and the University of the Pacific was incorporated, the first graduating class being composed of the Hon. Thomas H. Laine and John W. Owen, who were the first class graduated in a classical course in California.
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SAN JOSÉ TOWNSHIP.
January 4, 1851, the San Jose Daily Argus, published in the interest of Fremont, who was once more in the field for the United States Senate, was published, but only lived through the Senatorial campaign; and to this year is the honor due of the establishment of the first permanent newspaper in the county. This periodical was entitled the San Jose Weekly Visitor, the initial number being issued June 20, 1851, by Jones, Damon & Emerson. Damon withdrawing at the end of six months, its publication was continued by Emerson, with A. Jones, Jr., as editor. The Visitor was first a Whig organ, but changed its colors to the Democracy in the month of October; the office was situated on the west side of First, south of and not far from Santa Clara street. This paper changed its name in August, 1852, to the Santa Clara Register, the proprietors being Givens George and J. C. Emerson, with F. B. Murdoch as editor.
The commission of crime had remained unsuppressed, and the prison accom- modation was still insecure. Three convicts made their escape on January 30th; on July 18th, Francisco Gutierrez was executed for murder, and on the dawn of September 7th the early risers on that Sabbath morning were greeted by a dead body swinging from the gallows. The unfortunate victim had been hanged during the still hours of the previous night.
1852 .- The records for the year 1852 are very meager; the first item in the minute book of the Common Council that may be considered of public interest is the appointment of a committee at the suggestion of Alderman Bel- den, to inquire into the tenure by which Pedro Sainsevain held a mill-site on the Guadalupe river within the city limits; but the most careful search has failed to bring to light any document throwing further light upon the affair. March 17th, an ordinance was passed prohibiting non-residents from keeping more than twenty head of sheep, cattle, or horses in the pastures within the city limits at one time for a longer period than twenty-four hours.
On the last-mentioned date the following message was received from His Honor the Mayor: "GENTLEMEN :- In accordance with a resolution of the Common Council I called upon Mr. White, a former Alcalde, and demanded of him whatever papers and public documents he might have pertaining to the lands of the Pueblo de San Jose. The only papers of the kind which he had were papers relating to suertes and which are herewith transmitted to Your Honorable Body.
In accordance with another resolution I have employed William E. Lovett, who is well acquainted with the Spanish language, to examine and arrange all the public documents and papers in the city archives. Under my supervision he has made a thorough examination and has well arranged the papers there found as will be shown by the accompanying report. I regret that the search did not exhibt anything which will throw much light
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
upon the pueblo title or grants made within its limits. Except the "field- notes " of the survey of the "Five-hundred-acre tracts" and the notes of Lyman, and a few deeds and grants, but little has been discovered, and I regret to say that many of the books and papers have been cut and muti- lated and no doubt matter of great importance has been removed or destroyed in years gone by, whether through design or carelessness I cannot say-yet it is certain that at some time past important papers have been removed or destroyed leaving now but little of much consequence." Here follows the report of William E. Lovett: "To The Hon. Thomas W. White, Mayor of the City of San Jose, SIR :- In obedience to your instructions I have diligently examined the archives of this city now in the Mayor's office and after a careful search I am able to make you the following report: The papers are all arranged in alphabetical order and are as follows :-
A .- Papers in case of "Antonio Valencia for Murder. Old election returns. Papers in the estate of Graves, Bernal, and Jones' horse. Charles White's docket. Papers in case of Walkinshaw vs. Forbes. Papers in case of B. K. Thompson. Papers in case of Ord. Official papers of Prefecture for 1842. Census for 1845. Journal of Town Council for 1849. Papers relating to Naglee & Neligh, 1848. Notes and Declarations of Geo. W. Bellamy, October 27, 1847. Alcalde's correspondence, 1840. Official let- ters of Charles White. Papers relating to a Quicksilver mine of Alvarado. Plan of San José cemetery. Memorial presented by the Secretary of the Interior and Exterior relations, 1829. Alcalde's letters. Petty cases before Alcalde's Courts. Loose and miscellaneous papers (of no value). Official documents of Prefecture for 1841, 1842 and 1843. Alcalde's correspond- ence of San Franciscita. Correspondence of priests of Santa Clara. Testimony of Duarte and De la Mancha.
B .- Alcalde Dimmick's docket. Election of Alcalde, 1843. Miscellaneous papers. British Consul's letters. Papers in case of Territory of California es. Juan Gonzales. Papers in case of Territory of California vs. Chabolla. Papers in case of Haun vs. Bellamy. Alcalde's letters from Monterey. Part of testimony in case of Chabolla. Letter from Padre Real. Auxilli- ary Alcalde de Santa Clara. Official documents of the Juzgado de Pueblo, 1841-2-3. Letters and loose papers from Governor Borica and Arguello 1777 to 1815. Of money paid and received for the year 1846. Petitions for land. Testimony before the Alcalde. Election 1843. Governor's cor- respondence, 1843. Papers of Juzgado and census of San Francisco 1841-2-3. Military correspondence, 1841-2-3. Expenses of Juzgado, 1846. Election of Delegates to the meeting of the different pueblos of California. C .- Loose papers 1841. Complaints before Alcaldes 1841-2-3. Miscella- neous papers in the case of Robilas vs. Campbell. Papers in the Court of First Instance. Printed copy of acts of first Legislature.
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D .- Thirteen packages of Alcalde's correspondence from 1795-1827. E .- Eleven packages of Alcalde's correspondence from 1828-1833. F .- Fifteen packages of Alcalde's correspondence from 1834-1841.
G .- Five packages of Alcalde's correspondence from, 1842-1846, and one package of Alcalde's old dockets.
H. Papers relating to the Pueblo Lands consisting of the field-notes of J. D. Hutton, etc. Grants and Deeds. Notes of Lyman.
I would also state that there are but few or no papers in the archives for the years 1844, 1845, 1846, except such as are mutilated, torn, and cut."
The reader is informed that we have examined most of the documents mentioned above, which, since Mr. Lovett's report, have been a dozen times disarranged and rearranged, and are being now most carefully filed, and they have no possible interest to any one save the biblomaniac.
At the election held on April 14, 1852, for the election of a municipality, the following was the result: Mayor, Thomas W. White; Common Council, Ben Cory, Peter O. Minor, Levi Goodrich, John C. Emerson, John M. Will- iams, John H. Watson, M. W. Packard; Assessor, Marcus Williams; Treas- urer, A. J. Yates; City Attorney, Freeman S. Mckinney; Marshal, George Hale; Clerk, Elliott P. Reed.
The financial condition of the city at this period may be gathered from the annexed report of the City Treasurer dated April 22, 1852 :-
Total Receipts for year ending April 16, 1852. $15,698 52
Total Paid out for year ending April 16, 1852 15,687 97
Leaving a balance on hand of . 10 55
Add Balance on hand April 16, 1851 57 00
The Balance in the Treasury April 16, 1852 S 67 55
At this date there were outstanding in Scrip $ 4,300 00
In the month of May of this year the city of San Jose sued the county for the sum of thirty-four thousand dollars, with interest at the rate of four and one-half per cent. per month since 1850, the cause, as we have already seen, being the purchase of the building known as the State House. A county not being a corporation at common law, and, there being no statute in existence making Santa Clara county a corporation, a demurrer was filed, which was sustained by the Court, and the case dismissed. On July 12th the Mayor, at a meeting of the Council, made some remarks explanatory of these conflicting claims with regard to the property of the old Legisla- tive Hall, and the building attached, and requested authority from the Council to try and settle the difficulty without again having recourse to legal proceedings. To cover the whole matter Alderman Minor introduced
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
the following resolution which was passed: " Resolved, by the Mayor and Common Council of the city of San Jose as follows: That Thomas White, the Mayor of the city, be, and he is hereby requested to confer with the Board of Supervisors of Santa Clara county, in relation to the existing claim of this city against said county, and any proposition that may be agreed upon between them, the said Mayor to report to this Council for approval, or disapproval, at the next meeting, or sooner, if necessary, and when called by the Mayor.
On October 18th the following proceedings were had in regard to assess- ment. Mr. Williams, the City Assessor, explained to the Council the diffi- culties under which he labored in making out the assessment list, and stated that he was willing to attend with a committee of the Council and amend the assessment book, or draw up a new one, but that he was unwill- ing to raise the assessment. Any course, however, the Board of Equaliza- tion might adopt he would be willing to comply with.
The Mayor, being present, stated that he had examined the Assessor's books and found that property was assessed far too low, and a great quantity not assessed at all. One difficulty in his mind was, as to who, under the late law, would constitute the Board of Equalization, and, secondly, have that Board the power to raise the taxes in the aggregate ? The Mayor then proceeded to read the City Charter, to show that no provision had been inade for a Board of Equalization.
Alderman Minor then read the State law with regard to the duties of the Assessor, and thought that that officer had full power to assess property according to his own valuation, notwithstanding the oath of the person assessed, and introduced a resolution to that effect, requesting also the Assessor to act in accordance with this opinion, and that he be required to make out a correct supplemental assessment of the property of the city, to include the names of all persons, and a description of all property liable to taxation, and report at the earliest practicable moment.
On October 6th an ordinance was passed fixing the rate of taxation, or assessment of real and personal property for city purposes at one per cent. upon the valuation for the current year.
During the year 1852 crime was still in the ascendant, not only through- out the State, but in San Jose as well. On the 30th January Theodore Basquez was executed for stealing a horse, the law at that time providing for the punishment of grand larceny by imprisonment or death, at the dis- cretion of the jury. Under this law, which was repealed April 19, 1856, Ramon Romero was executed on November 26th of the same year; while, on the 17th December, Gaudalupe, an Indian, was hanged for murder. Charles'H. Smith was murdered by Pedro Montemayor on the 4th of March, and during the balance of the year there would appear to have been a
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