USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 43
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carnival of blood. In May, Priciliano Peres was murdered; an Indian was murdered in the city on August 23d; on September 26th four men were stabbed, some of whom died; on the day after James Blair and an Indian were found dead; and on the 28th an unknown American was murdered about two miles north-east from the town, near the residence of John H. M. Townsend. With this array of violence before us, still it is said that the organization of a Vigilance Committee had a tendency to lessen crime!
The following information is extracted from the San Jose Weekly Visitor, dated March 5, 1832. It was published by J. C. Emerson and edited by A. Jones, Jr. We learn from its columns that Elliott Reed and E. A. Kendall were, at that time, partners in the express business " between San José and San Francisco, by way of the favorite steamer Boston." Hall & Crandal were the proprietors of a line of stages to San Francisco. They announce a reduction of the fare to ten dollars. John Yontz was Sheriff of the county, and William R. Phipps, Constable of San Jose township. Among the business cards were such law firms as Burnett, Wallace & Ryland, Minor & Campbell, Stafford & Moore, Williams & Yoell, Yates & Mckinney, etc. The only doctor's card is that of " Dr. Ben Cory, office east side of Market square." C. P. Hester was District Judge, John M. Murphy was County Treasurer, H. C. Melone, Clerk, and R. B. Buckner, Deputy Clerk. Charles White was the Mayor and Police Judge of San José. The paper contains an editorial account of the murder of Deputy Marshal Charles H. Smith, by a Mexican named Montemayor. The latter was in charge of the Marshal- He had been fined, by Mayor White, for striking a woman, and was going after the money to pay the fine. When "in the vicinity of the acequia," he suddenly drew a knife and plunged it into the officer's heart. The Mexican effected his escape in the willows " near the Guadalupe"-probably in the direction of Autumn street.
On August 19th, the Sun Jose Weekly Visitor adopted the name of the Santa Clara Register, and was published on the upper floor of the Bella Union ; and, on December 17th, an ordinance was passed requiring property holders to lay sidewalks, ten feet wide, in front of their premises. On the night of August 26th, the residence of Samuel C. Young, on Third street and one belonging to Chabolla, were destroyed by fire, it being popularly supposed that the first was occasioned by rats igniting matches.
The San Jose Academy was under the superintendence of J. M. Kimberlin during this year; in November a Civil and Military School was established under Col. Charles A. Seefeld, Professor Frederic Mooshake, and Hipolito Adler; the latter as Administrator; while on October 17th, the brick church of the Methodist Body, at the corner of Second and San Fernando streets, was dedicated.
Cholera made its last appearance in the city andl vicinity, in this year, and though many of the native population died, but few foreigners succumbed.
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1853 .- At a special meeting of the Common Council, assembled January 28th, for the purpose of bringing to a conclusion the matter of the claim of the city against the county, the following communication of the Board of Supervisors was read: "In the matter of the petition of Thomas White, Mayor of the city of San José :- The committee appointed to take into con- sideration the above petition, and it appearing, to the satisfaction of the Board, that there is some amount justly due the city of San José for the property bought of her, by J. W. Redman, County Judge. It is, therefore, ordered by the Board, that the city of San Jose be allowed the sum of ten thousand dollars, upon the condition that the city of San Jose execute a full release of claims and demands against the county of Santa Clara."
Alderman Minor then introduced an ordinance, which was adopted, authorizing the Mayor, on the part of the city, to accept the above proposi- tion, and to make, execute and acknowledge a full release of the claim against the county; and also authorizing him to accept warrants on the county to the amount of ten thousand dollars, in such sums as he may deem best. At length the solution of the difficulty had been attained. On the 15th July, the accompanying communication was received from the Mayor: "In the final settlement of the claim of the city against the county, I received ten thousand dollars in County Warrants which I have paid into the City Treasury, as will be shown by the accompanying receipt of Thomas L. Vermeule, City Treasurer: 'Received, San Jose, July 13, 1853, of Mayor Thomas White, the sum of ten thousand dollars in Santa Clara County War- rants, to the credit of the Treasury of the city of San José. Thomas L. Vermeule, City Treasurer.'"
March 10th, the Committee on Ordinances, to whom was referred that concerning the keeping open of certain streets, reported that in their opinion, First street being now open towards Alviso, and " the oblique street" open towards Stockton, there are no other outlets necessary on that side of the city, and without abandoning or yielding the right of the city to open and keep open all her streets, they recommend, that for the present, they may be per- mitted to be fenced up, keeping open First street and "the oblique street." The suggestion was accepted and an ordinance passed in accordance there- with.
The officers elected on April 14, 1853, were: Mayor, Thomas W. White ; Common Council, Ben Cory, John C. Emerson, Levi Goodrich, William M. Stafford, John M. Murphy, Henry Brownshield, William Daniels; Treasurer, Thomas L. Vermeule ; Marshal, George Hale; City Attorney, F. S. McKin- ney ; Assessor, E. P. Reed, who was also appointed Clerk of Council.
The ordinance committee instructed to examine the Revenue Laws, on the 29th April, reported that, under the existing ordinance, they found many persons, pursuing various avocations of the most lucrative character, entirely
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exempt from the payment of any license tax, and that, under the existing embarrassment of the city (the debt, on the 25th April, 1853, was eighteen thousand four hundred and two dollars and nine cents), with her depreciated paper, and her streets requiring heavy repairs, they would suggest the pro- priety and absolute necessity of an increase of the license law, and that none should be exempt from its operation. In pursuance of these remarks the necessary emendations in the ordinance were made and carried into effect.
On the 29th April, Fire Wards and Wardens were created by an ordinance introduced by Alderman Brownshield, the city being divided into wards, num- bering from one to four, with the following Wardens: No. 1, M. W. Packard; No. 2, Alvin C. Campbell; No. 3, A. S. Woodford; No. 4, Peter Davidson; while, to render the organization more efficient, an appropriation, the sum of two thousand dollars was made for the purchase of a fire-engine, with hooks and ladders, the President of the Council being authorized to draw orders and warrants in such sums as he should deem advisable, and pay the same over to the committee of citizens that should be selected by the town.
The time had now come, it was felt, when a public school should be main- tained in the city, therefore, on May 24, 1853, Henry C. Skinner, Alexander J. Spencer, and A. J. Yates, School Commissioners, addressed the petition now quoted, to the Mayor and Common Council : " The undersigned School Commissioners for the township of San Jose, the county of Santa Clara, respectfully represent that in the discharge of their duties of School Com- missioners, they, and their predecessors in office, have established and main- tained a public school in this place, for a period of nearly one quarter, the same having commenced on the 14th day of March last, under the superin- tendence and instruction of Horace Richardson, a lawfully licensed teacher, and that a school of about sixty pupils has been collected, who are now receiving instruction in said school.
" Your memorialists further represent that the time for which said teacher was employed, and the room engaged, is about to expire on the 14th day of June next, and that no funds have hitherto been provided for the further support of said school, and your memorialists believe it impracticable, at the present time, to ask the supervisors of the county, to assess a tax for school purposes, on the taxable inhabitants of this county, because the county is already deeply involved in debt; and has, during the past year, incurred great losses by the robbery of its Treasury, and the destruction of its Court House.
"Your memorialists further represent that, by an Aet establishing a system of common schools for the State of California, passed May 15, 1852, there is a provision made, in Article V., for the establishment and maintenance of common schools in cities, and your memorialists wouldl respectfully repre- sent the expedieney of an immediate organization on the part of Your Hon-
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orable Body, under the provisions of said law, for the purpose of maintain- ing and supporting said school, and of providing a suitable building for that purpose.
" Your memorialists further represent that the immediate and speedy action of Your Honorable Body is requested in the premises, as it is neces- sary to continue said school, in order to secure the share of the State school fund, which is conditionally appropriated for that purpose."
We will now turn, for a moment, to the monetary affairs of San José. In reference to certain claims against the city, made by Jackson Lewis, a special committee was appointed to ascertain upon what terms he would withdraw certain suits commenced against the city, and take County War- rants in payment of all his demands. To this, on May 31st, Mr. Lewis made the following proposition: That for the debt and interest, amounting to ncarly six thousand dollars, which he thought was justly due to him, he would be willing to take seven thousand, five hundred dollars in County War- rants, the city to give bonds for the faithful payment of that amount to him by the county or, should the county refuse to pay, then the city to pay the six thousand dollars, with interest, at the rate of ten per cent. per annum, until paid, and the city to bear the costs of suit. The report of the committee was accepted, but a majority of the Council were opposed to a settlement on such terms; and after considerable discussion, it was resolved: "That the Mayor of the city is hereby authorized to use all legal steps to defend the suits now pending against the city by Jackson Lewis, or others." On May 31st, a meeting of the Council was specially convened to endeavor to come to some amicable arrangement with Mr. Lewis. Alderman Brownshield stated that he (Lewis) had proposed to withdraw the suits at his own cost, if the Council would allow him the interest on those bills which a former Council had refused to pay. This proposition being corroborated by Mr. Lewis himself, Alderman Murphy then introduced a resolution, which, on motion of Alderman Brownshield, was passed, authorizing the Clerk to draw warrants in favor of Jackson Lewis, to the amount of two thousand, two hundred and seventy-eight dollars and eighty-five cents, as interest in full on certain warrants, provided said Lewis withdraw all suits commenced by him against the city.
A select committee appointed to ascertain upon what terms the County Warrants now in the City Treasury could be disposed of to pay off the out- standing debts of the city, reported, June 10th, that, from what inquiries had been made, they thought no loan could be effected; under existing cir- cumstances, therefore, they advised that the warrants be sold.
Alderman Stafford opposed the measure as being injurious to the interests of the city.
The report was then laid over, and Alderman Stafford introduced an ordi-
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nance allowing all holders of city paper to exchange the same for County Warrants, at the rate of eighty-five cents to the dollar, and instructed the Clerk to make the exchange.
An attempt was next made to regulate the disbursements from the City Treasury, and an ordinance was passed to that effect, but it received the fol- lowing veto from the Mayor: "First, The city of San Jose has no authority under law to prefer one creditor to another. Second, the ordinance does not respect the age of the debt, but only refers to the evidence of the debt, by which I mean that when two debts were contracted at the same time (neither of which are paid), that the one which has subsequently been sub- divided must be postponed, just as though its date was the time of the sub- division into warrants, and not the time when the service was rendered, and the city, by its Treasury, had accepted and audited the account. Third, I believe that this ordinance will tend to depreciate, very considerably, all serip of recent date, and it will therefore be impossible, except at extrava- gant prices, to make the slightest improvements in the city, or to continue, at present rates, the police force." The vote was then reconsidered, and, notwithstanding the objections of His Honor, it was carried, there voting in the affirmative, Aldermen Stafford, Goodrich, anl Daniels; in the negative, Aldermen Wilson and Daniels.
Continuing the subject of pueblo, or what may now be termed city lands, we find that on June 10, 1853, it was resolved by the Common Council, that the deed of trust, whereby the Mayor and Common Council conveyed to William Daniels, as trustee, the property belonging to the city, said deed being dated November 29, 1851, should be cancelled. On the 13th the fol- lowing petition in reference to school lots was received from the Rev. Eli Corwin : " The undersigned would respectfully represent that: WHEREAS, common rumor declares that certain vacant and uninclosed lots of lan I have been by law reserved for educational purposes: which lots are not subject to taxation by the city government, and the title to which cannot be legally transferred, nor in any manner permanently alienated from the specific object of such reservation: and, whereas, the tax list in the hands of the City Assessor will show that certain lots commonly supposed to belong to said reserve are given in for taxation as being the property of private indi- viduals; it may be important for the guardians of the city to inquire whether any lands have been so reserved for educational purposes, and if so how many lots and where situated: also to inquire whether said lots have been illegally sold for taxes, and if so by whose authority, to whom, and on what terms. For the full investigation of this petition, that a committee be appointed to report at an early date. And the undersigned would further pray that if any illegal transfer of reservel school lots has been male by the city, their redemption may be seenred without delay." This petition 25
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was mainly the cause of a committee being appointed of which Alderman Stafford was chairman to examine into the tenure of city property. On July 8th they made the subjoined elaborate report :-
" The commitee to whom the resolution of the Council was referred instructing them 'to report upon the title of the city to the lot of ground now used and occupied as a cemetery, and also the best means to prevent encroachments tliereon,' respectfully submit the following:
" They have attended to the duty assigned them and carefully examined the records of the old Ayuntamiento and such other papers and documents as they could obtain that could throw any light upon the subject. They find upon the records of the Ayuntamiento for the year 1847, that John Burton, acting Alcalde of the pueblo, deeming it advisable for the people, then resid- ing in the pueblo, to take some steps to protect the interests of the pueblo, recommended that a committee of twelve men should be selected to report rules and regulations for the future guidance and protection of the interests of the pueblo and its citizens in and to the lands claimed by the pueblo. On February 15, 1847, a committee of twelve was selected who reported on June 15, 1847, recommending that the pueblo be laid off into lots with three public squares, the blocks to be two hundred varas by one hundred varas, and that each person should be entitled to four lots of fifty varas each, by paying, for the use and benefit of the pueblo, twelve dollars and fifty cents exclusive of other fees. They further recommended that a survey be had of the pueblo or public domain into lots of five hundred acres each, or two thousand varas square, to the number of ninety, the then number of heads of families supposed to be within the limits of the pueblo, and that each head of a family should be entitled to one of those lots by paying to the pueblo the annual sum of three dollars, with the condition of planting fruit and other trees at the corner of their respective lots. These lots were selected by the parties entitled thereto by drawing for the chances of selection, and the Alcalde made a conveyance to the respective claimants.
" The records show that the Alcalde assembled the good people of the pueblo to act upon the report of the Committee of Twelve: that they adopted and accepted the report with the rules and regulations suggested by the committee for their future laws and regulations for the disposition of pueblo property.
" The rules and regulations adopted for the pueblo, your committee deem of no validity or binding force upon the city; if she has, or had, any rights to any of the property disposed of by the Alcalde. Your committee are aware that many persons have been deluded and misled relative to the authority and power conferred upon Alcaldes to dispose of pueblo or public domain and much anxiety has been expressed and evinced by the good citizens for the city's rights to the rich domain supposed to belong and now claimed by her.
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" In the distribution of the property by the Alcalde in accordance with the rules and regulations, Lot No. 3, south of the 'Five-hundred-acre lots ' and the following: Lots 1 and 2, Block 3, Range 3, south of base line; Lots 1 and 2, Block 4, Range 5, south of base line; Lots 3 and 4, Block 1, Range 4, north of base line; Lots 1 and 2, Block 2, Range 7, north of base line; and Lots 7 and 8, Block 5, Range 5, south of base line, each for fifty varas, in the city, were reserved, set apart and appropriated for primary schools, by the Alcalde. At a subsequent period to the reservation made, the Alcalde declares the reservation to the lots in the city to be null. alleging that other lots had been selected in lieu thereof. Your committee have patiently and carefully examined the records of the Ayuntamiento to ascertain if there were other lots set apart or reserved, but can find no trace whatever or mention made of the subject again by that Honorable and Ancient Boly. That Lot No. 3 of the ' Five-hundred-acre lots' is still looked upon as the pro- perty of the city, being the lot now used as a cemetery and is school pro- perty.
" It is questionable whether the Alcalde had the right to annul the vested right in those lots for the use of a school fund without substituting other property of equal value by consent of those interested. Were he clad with such unlimited authority, it would be an easy matter for one that might be inclined to be corrupt, to annul and make void all other grants or reserva- tions ma le to other individuals. The right to the school lots, once acknowl- edged, and they being set apart, if valid at all, became so the moment the selection was made and recorded, and divested the city of her right, and placed them beyond the control of the Alcalde or City Fathers, otherwise to dispose or manage them for that particular object.
" The lots set apart for the use of schools have been sold for taxes, and are now claimed by divers persons. It matters not, in the opinion of your com- mittee, who the purchasers are, and by what authority the lots were sold, they can have no title to them, if the doctrine is correct that the city was once divested, and they were reserved for schools or a specific purpose. The law of the State prohibits any property reserved for schools from taxation. Neither the State, county, nor city had a right to assess them, nor has any one the authority to dispose of them save the Common Council of the city, and they only for the purposes for which they were reserved or granted. Any sale, therefore, by any one, or from any source, other than above-men- tioned, would be of no avail, and null and void.
"As to tax sales, your committee are aware what they are generally, and we would venture the assertion, in this State they never could stand the test of scrutiny or prevail in a Court of Justice, for the reasons none are com- plied with to make them of sufficient validity to divest one of his property. The laws relative to the sale of property under tax sales must be strictly
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complied with, and all the formalities and requisites of the law fully carried out. Such has never been done in this City, County, or State. Upon this point we have no reason to fear our right or title to those lots for primary schools. The authority and power conferred upon Alcaldes to dispose of pueblo or public domain is limited and restricted to small quantities, and all acts of his, whether sanctioned by the people or not, or whether done by them and executed and carried into effect by him, dividing the pueblo or public domain, and assuming ownership over it, are null and void; they had no authority, either under Mexican or American law, and your committee are at a loss to know what law, other than that recognized and educed from the fable of the lion with the beasts of the field, furnished the prece.lent.
" The acts and doings of the Alcalde and the Committee of Twelve, after the American flag had been unfurled and the country in the possession of our officers and citizens, were illegal and void, even had they the sanction of Mexican usage, custom or law, which your committee deny. The moment the American flag was thrown to the breeze and the country taken posses- sion of, all Mexican laws ceased to prevail, save such as were necessary for the police and preservation of the rights of persons and property. At the time this division of the pueblo was going on, or being consummated, Gov- ernor Mason, at Monterey, in January, 1848, wrote to the Alcalde at this place declaring and proclaiming all such proceedings illegal. His letter is now on file among the archives. The city, in the opinion of your commit- tec, must base her title to those lots set apart and reserved for school pur- poses, upon the title she pretends to assert as her right to the pueblo grant from the King of Spain. If that grant is valid, her title to that property is good; otherwise, if her supposed grant should be refused by the Government of the United States, unless she asserts her rights to the lots in the limits of the city under the Act of Congress, 1851. Under that Act she could assert no valid claim, save that of occupancy to Lot No. 3, south of the 'Five-hun- dred-acre lots.' The Supreme Court of this State, and every other court, has declared that an Alcalde, since the acquisition of the country by our Government, had no authority to grant, sell, or dispose of real property, not even lots within the limits of a City, Town, or Pueblo.
" All these proceedings of the Alcalde and the Committee of Twelve hap- pened in 1847, some twelve months after we acquired, or took, possession of California. The rights the pueblo had under the Spanish or Mexican Gov- ernment she still possesses, notwithstanding the rules, regulations, surveys, and divisions of the pueblo property by the people. They remain unaffected, and no acts of any one could add thereto or detract therefrom.
" Notwithstanding the cloudy mist and uncertainty which o'erhangs the title of the pueblo to the rich domain that she claims, your committee would suggest the propriety of redeeming the lots specified as school property, if
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they are of much value; if not, they would suggest the propriety of silence and patiently awaiting the result of a confirmation of the title before the Government of the United States. So far as relates to the lot now occupied and used as a cemetery, we deem it the duty we owe to the dead, and the respect and pride we cherish for our city, to inclose it with a substantial inclosure, at some future time, when we are better able to incur the respons- ibility it imposes. Those who have friends or relatives buried there doubt- less will have private inclosures around the graves sufficient to protect them from intrusion from any source; the city can, and will, do her part in due season; at this time your committee deem it advisable to postpone this mat- ter till a future time that it may be done properly."
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