USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 45
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On the 14th September, the flouring mill of Bassham & Kincaid, on the Guadalupe river, was opened under the most auspicious circumstances; while in this year a foundry was established by Mr. Allbee. At this period it is said that buildings were in the course of erection all over the city, but especially in those portions where artesian water had been obtained. The precise quarter where these most existed was in the eastern part of the town, from Santa Clara street to below Washington square, while on the banks of the Coyote, R. G. Moody was constructing a first-class flouring mill to be fed entirely by artesian water; and the Messrs. Cotterills had brought to completion a large distillery.
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
In this year, too, was established a district school, by Freeman Gates, on the corner of Santa Clara and Third streets, making the second public school in the city.
1855 .- On the 12th February of this year, the office of Captain of Police was created, and an ordinance passed defining his duties; on the 5th April, the duties of Delegates of the Fire Department were resolved upon; while on the 12th of the same month, the election was held, and the following gentlemen selected to perform corporation duties: Mayor, S. O. Houghton; Common Council, William Daniels, A. S. Beatty, S. M. Cutler, P. O. Minor, R. G. Moody, C. Martin, John M. Murphy ; Marshal, T. E. Soublette ; Treasurer, John H. Moore; Assessor and Clerk, E. P. Reed; Attorney, William Matthews; Street Commissioner, John Wilson.
The following preamble and resolution was offered on May 28th, by Alder- man Cutler : "WHEREAS, That heretofore there were donated and set apart by the city of San Jose, for school purposes, some fifty to sixty fifty-vara lots in said city, and it is represented that said lots have been illegally assessed and subsequently sold for taxes, Therefore, Resolved, That the City Attorney be, and he is hereby authorized and required to make a full exam- ination as to the present interest the city has in said lots, and if in his opin- ion, they can be made available for the purposes for which they were intended ; giving a description of the same, and that he make a report to the Council, at his earliest convenience."
In further regard to schools, the petition of a large number of citizens, presented to the Common Council, October 8th, praying that the school at the corner of San Fernando and Market streets should be taken under the control and protection of the city, was referred to a committee; while, December 3d, it was resolved that the City Treasurer call upon and receive from the Treasurer of Santa Clara county all moneys that may be due and coming to the city as a school district under the laws of the State of Cali- fornia, the amount so received to be held by him subject to the action of the Council.
On New Year's day, 1855, the San Jose fire companies paraded the streets, and held other exercises. They met at the engine-house on Lightston alley, and, after being formed in procession, marched through the principal streets of the city to the " brick church," where, after prayer by the Rev. Eli Corwin, Miss Mary Crane, on behalf of the ladies of San Jose, presented Empire Engine Company, No. 1, with a beautiful and tastefully adorned banner. These ceremonies were followed by a collation at the City Hall, and a most enjoyable time spent. In this month, January, we find that the Pacific and Atlantic Railroad Company, having been fully organized, had determined on a vigorous prosecution of the work. Operations were com-
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SAN JOSÉ TOWNSHIP.
menced upon the road, on the 15th, under William J. Lewis, Chief Engineer; and Messrs. Wood and Healy, Assistants, on St. James square.
On February 5, 1855, the " Santa Clara County Dragoons" was organized, and elected the following officers: Captain, S. J. Hensley; First Lieutenant, S. O. Houghton; Second Lieutenant, Mr. Ham; Junior Second Lieutenant, F. S. Mckinney; Orderly Sergeant, Fountain Letcher; Second Sergeant, John Royall; Third Sergeant, D. Melone; Fourth Sergeant, J. Kincaid; First Corporal, F. G. Appleton; Second Corporal, Thomas E. Soublette; Third Corporal, William M. Cameron; Fourth Corporal, L. C. Ward; Sur- geon, Dr. Ingersoll; Saddler, S. Bossler; Farrier, W. C. Wilson.
In the month of March, there would appear to have been considerable excitement in regard to the Kern River mines, several companies having been made up in San José to proceed thither. On April 16th, the Common Council held its first session in the new City Hall. This building was situ- ated on Market street, and was planned by Levi Goodrich, under whose supervision it was built. It was two stories in height, the upper floor con - taining a spacious apartment, fifty-five feet long and forty feet wide. It is described as having been of elegant finish, of fine proportions, and one of the most beautiful rooms in the State. The time was when it was thought that it might be used as a Legislative Chamber.
On the morning of May 31, 1855, a large fire broke out in the most populous quarter of the city, whereby a great amount of damage was sustained. As it was a conflagration of considerable magnitude we reproduce the Telegraph' report: "The fire originated in a small frame building, situated on a short narrow alley, east of Market and south of El Dorado street, which was tenanted, as were several other buildings on the same alley, by a number of Mexican women of ill-fame. Immediately west of these tenements, and fronting on Market street, were the stores of Lazarus & Co., clothing and dry-goods merchants, corner of Market and El Dorado; the fruit and grocery store of Giovano Mulinari; the vegetable and grocery store of Baptiste Sou- laris; the jewelry store of L. E. Veuve; the confectionery establishment of Madame Alviso, and the extensive saddlery emporium of Augustin Schweeb. All of these suffered considerable loss. The ravages of the fire southward were checked by the brick walls of the large fire-proof building of Auzerais Brothers; these alone saved the entire block from destruction." After the fire had burned to the ground, the body of a man, half-consumed, was found among the embers; a portion of his legs and arms were burned away. It was recognized as the body of Marsalino Monrealo, a Mexican, employed as cook by the parties in whose house the fire originated.
Of the improvements going on at this time, the same periodical of June 21, 1855, states: "On the south-east corner of Market and Santa Clara streets, Frank Lightston is erecting three fire-proof brick stores. The found-
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
ation walls are laid broad and deep; the building is sixty-four feet front on Market street by forty-eight feet deep on Santa Clara street, and will be two stories high; brick partition walls separate the stores. The upper story is to be partitioned off into offices and bed-rooms; the iron-work for door and window-frames for these stores, we are informed, cost three thousand dollars. Beautiful blocks of well-dressed China granite form the water-table of the foundation walls, and handsomely-dressed freestone from the hills of New England, will form the sills and caps of the windows and doors. The build- ing is under the direction of Levi Goodrich, architect." Of another edifice the same authority remarks: "On the north-west corner of Santa Clara and Market streets, Don Pedro Davidson is erecting four fire-proof brick stores. This building is one hundred and eight feet front on Santa Clara street by thirty-six feet deep on Market street, and is to be, for the present, but one story of thirteen feet in height. The foundation walls are laid, and a beau- tiful water-table of well-dressed China granite caps them ; in these, iron door and window-frames are fastened, and the masons are briskly at work rearing the superstructure. Dressed China granite work will be used for the caps and sills of the windows and doors. The iron-work cost fifteen hundred and fifty dollars. It was originally intended to divide this building into six stores of about eighteen feet in width each, and it is to be regretted that that design was not carried out; but under present circumstances the two end rooms are to be thirty-six feet by thirty-eight feet deep. A substantial briek wall separates the several store-room's of this building." On the 25th June of this year, St. John's Day, the Masonic fraternity had a public demonstration and procession, finishing with a grand ball in the evening; while on the fourth of July there was a celebration of more than ordinary grandeur, the oration being delivered by the Rev. Eli Corwin, and the Declaration of Independ- ence read by R. A. Redman.
At this season, we are informed, the weather was unprecedentedly warm on Saturday, July 7th, and two following days, the thermometer registering one hundred, ninety-six, and ninety degrees in the shade. In this year the artesian well on Market street was bored, the depth attained being two hundred and fifty feet, when water was found, while of other concerns all that can be said for 1855, is that crops were light, and though building progressed at a fair rate, business was comparatively dull.
1856 .- On the 21st January, 1856, the committee appointed to examine and report upon the school at the corner of San Fernando and Market streets, made the verbal statement that there were about fifty pupils in regular attendance; the teacher was mainly supported from private sources; and an appropriation should be made for his benefit to correspond with the amount paid to the other city teachers by the State. On April 16th, an ordinance to establish and regulate a system of common schools for the city of San
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T! V FUIME LIENARY
ASTOR, LENOX AND TILDEN FOURCAT UNS.
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SAN JOSÉ TOWNSHIP.
José, was passed, and the office of Superintendent created. The ordinance was referred to a select committee, who, June 16th, recommended that the first section be so amended that the Superintendent of the Board of Educa- tion be elected by the people. A resolution was adopted, July 21st, whereby the building of a school-house in the city was ordered.
On March 3d, the total amount of taxes due to the city during the previ- ous year was. $12,442 13
There was collected.
12,258 03
Leaving delinquent the sum of $ 184 10
While, according to the message of Mayor Murphy, received by the Com- mon Council, August 18th, the total debt of the city, including interest, amounted to forty-eight thousand six hundred and ninety-six dollars, thirty- four cents.
A fire engine of Mr. Gourlay was recommended to be purchased by the Council, on March 31st, provided a company could be raised to man it; accordingly, on May 12th, Torrent Engine Company, No. 2, was admitted into the Fire Department by ordinance.
At the election held April 16, 1856, the following municipality was elected: Mayor, Lawrence Archer; Common Council, John M. Murphy President, Thomas Fallon, C. W. Pomeroy, S. M. Cutler, John B. Price, Levi Goodrich, Givens George; Marshal, Thomas E. Soublette; Treasurer, John H. Moore ; Assessor and Clerk, E. P. Reed; Attorney, F. S. Mckinney. On the 21st July, His Honor Mayor Archer resigned the Civic Chair, and was succeeded by the election of President of Council, John M. Murphy, on August 5th, who in turn was replaced by Givens George. July 7th the Marshal was appointed keeper of the City Hall, with power to let it at the rate of ten dollars per night to parties desiring it; while, on August 5th, the City Attorney was instructed to make out a deed to the county of Santa Clara for Market square, in accordance with an understanding heretofore existing between the city and county.
Early in the month of January, 1856, the establishment of a public library was mooted; while about this time an attempt was being made to procure the passage of an Aet to repeal the City Charter; and, in the month of March, Crandall & Brother established an omnibus to run betwen San José and Santa Clara.
On Wednesday, May 13, 1856, San Jose stood aghast at the startling intelligence that James King of William, the editor of the San Francisco Evening Bulletin, had been shot in the streets of San Francisco, by James P. Casey, editor of the Sunday Times. On May 20th Mr. King died, when, out of respect to his memory, flags were suspended at half-mast throughout the city ; at noon on the day of the funeral, May 22d, the bells of San Jose were 26
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
tolled; while the Telegraph of the 27th speaks of the deceased in these terms: "The assassin of the lamented King, sought a shining mark-eminent for probity, for private and public purity of character, he was no less remark- able for his fearless independence in maintaining the freedom of discussion and the liberty of the press. He fell a victim to that independence-a martyr to that liberty. The man sunk beneath the hands of the assassin- but the principle he maintained and died for, has gained new energy and power, and will live forever." While the funeral bells sent out their mourn- ful tones, the foul murderer was being hanged by the Vigilance Committee in San Francisco, amid great excitement which lasted for days, and even communicated itself to San José, which culminated in a public demonstra- tion of popular sentiment held at the City Hall June 17, 1856, where, among the speakers, were ex-Governor Burnett, Mayor Archer, T. W. Park, of San Francisco, Hon. W. S. Letcher, and others. The action of the Vigilantes was fully indorsed, as the following resolution will show: " Resolved, That we, the citizens of Santa Clara county, do cordially approve of the action of that committee up to the present time, and that we have the fullest confidence in their wisdom, integrity, and prudence in what they may find it necessary to do hereafter, and that we cheerfully offer them our sympathy and support in the good work they have undertaken." Substitute resolutions were offered by Governor Burnett, which were laid upon the table. On June 23d, a Law and Order meeting was held, when Governor Burnett, W. T. Wallace, and others took part, and resolutions against the proceedings of the Vigilance Committee were passed.
In 1856 the State Agricultural Fair was held in San Jose, when the city was crowded to overflowing, and the want of accommodation was felt. However, many of the citizens threw their residences open, and there main- tained a generous hospitality. On the 15th October a severe shock of earth- quake was felt, but no damage of importance was done; while in a general summing up, 1856 may be said to have been, on an average, a prosperous year. The city had made some progress in its growth ; houses still sprung up on every side, among the most prominent being the brick store of Eli Jones & Co., on the east side of First street, between Santa Clara and El Dorado streets.
1857 .- January 5th, D. J. Porter and A. W. Stone were elected Council- men; and on the same date, on motion of Alderman Pomeroy, the clerk was instructed to draw up a memorial and petition to the Legislature praying for an extention to June 1, 1857, of the provisions of an Act entitled "An Act to authorize the funding of the debt of the city of San Jose, and to provide for the payment of the same." On the 19th January, the bid of B. F. Barker and Benjamin Mills, for eight thousand dollars, for the construction of a school-house, was accepted; and on the 22d the Select Committee to whom
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SAN JOSÉ TOWNSHIP.
was referred the report of the Clerk, stating the amount received by the several city officers as salary, perquisites, etc., submitted an ably written statement, together with a table of the amounts saved to the city by the adoption of the recommendations therein set forth. The report is as follows :-
" The Special Committee of the Common Council, to whom was referred the report of the Clerk, stating the amount received by the several city officers, as salary, perquisites, etc., would respectfully submit that they have taken into consideration the subject matter so referred to them, and have given it such consideration as the time so brief would admit, and set forth our views, together with the following statistics, in brief for your consider- ation, embracing, as we think, the deserved reform for the better and more economical administration of the city government. We have taken the last four quarters of the year on which to base our conclusions.
" It will be observed by reference thereto, that the sum of three thousand nine hundred and twenty dollars, ninety-one cents, will be saved to the general fund of the city while the offices of Mayor, Marshal, and Clerk, if the Council will permit perquisites in connection with these offices, will still remain remunerative and desirable:
TABLE SHOWING THE AMOUNT RECEIVED BY THE SEVERAL CITY OFFICERS FOR THE LAST FOUR QUARTERS; ALSO THE AMOUNT THAT WILL BE SAVED TO THE CITY ACCORDING TO THE ORDINANCE SUBMITTED.
Amount paid for Am't saved to the the last four| city by adoption of new ordin'nce. quarters.
MAYOR ... . Criminal Fees only.
$ GS0 00
$ 325 25
MARSHAL. . Salary .
500 00
Fees as Collector.
846 74
Fees for Arrests.
408 00
Fees for Inspecting Cattle.
450 00
966 91
ASSESSOR . . Salary.
500 00
Copying City Assessment List
159 00
359 00
CLERK .... Salary.
700 00
450 00
TREASURER. Percentage
500 00
200 00
POLICE.
2400 00
1500 00
ATTORNEY ..
140 00
BOARD OF PRISONERS.
240 00
120 00
$7,523 74
$3,920 91
" Your committee have, habituated by a desire to justly reward the officer in the prompt and faithful discharge of the duties devolved upon him; and
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
that while it greatly relieves the city treasury, the perquisites attached will (in the opinion of your committee) make the salary all that should be desired; and it will be realized from that portion of our community the least entitled to our consideration and sympathy, especially so in the police department of our city government, wherein offending parties are made liable to meet a portion of the expenses incurred in the investigation of crimes committed by them. That while it had a tendency to prompt the officer in the faithful and important discharge of his duty, it will act as a check upon offending parties; especially upon that portion of the community who presume that criminal laws are made only to be enforced upon the poverty-stricken culprit.
" Experience has long taught us that an extravagant salary does not always secure the prompt, honest, and efficient discharge of the duties of an officer, or secure only the services of the competent and just; for we are sensible of the fact that in no part of our confederacy (if not of the world) has the office-holder been so munificently rewarded as in our own State, and that public sentiment and actual existing and undeniable facts will sustain us in saying that in no part of our confederacy have the laws been so badly administered. While we are proud in saying that our own city officers are discharging their respective duties in a manner to place them above reproach, all must admit the necessity of reform in our city expenditures.
" Your committee do not presume upon perfection in the matter set forth for your consideration, but the contrary, and would recommend that the whole subject should be acted on with cautious and candid deliberateness, and have no doubt but what alterations and amendments may be made to the mutual benefit of the governing and governed, in all of which your com- mittee will cheerfully contribute in time, and such ability as they are endowed with.
" C. W. POMEROY,
JOHN B. PRICE,
DAN'L J. PORTER."
In this regard Ordinance No. 7, entitled " An Ordinance regulating the fees and salaries of the officers of the City of San Jose," was passed. Section 1, provided that the City Clerk should receive for his services as clerk of the Board of Trustees, including all duties as such, one hundred and fifty dollars per annum; and seventy-five dollars per annum for making out the tax-list and keeping the list of licenses. Section 2, provided that the City Assessor should receive three dollars per day while assessing, provided he do not receive more than one hundred dollars for his whole annual assessment. Section 3, directed the City Collector to retain two and a half per cent. on all moneys collected by him for licenses or taxes. Section 4, provided that the Treasurer should receive one per cent. on all moneys received by him, belonging to the city. This ordinance was passed June 12, 1857.
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SAN JOSÉ TOWNSHIP.
On the 9th March, the Committee on Public Lands and Buildings reported to the Council that they had been informed by competent counsel, that the title of all the school lots was vested in the city, and asked that the following preamble and resolution be adopted : " WHEREAS, Doubts no longer exist in the minds of the members of this Council as to the legal rights of this city to certain real estate set apart for school purposes; and, whereas, a portion of said real estate within the corporate bounds of this city is now being occu- pied by persons who have purchased them in good faith without the knowl- edge of the just and legal rights of this city thereto, and in many instances have made valuable improvements thereon: Therefore be it Resolved, That this city propose to said occupants the following just method of amicably settling the same, viz .: That the city, through its Council, shall make choice of one competent, disinterested (person; the party occupying the property shall choose some competent, disinterested person; and the two thus chosen shall choose a third person ; and the three thus chosen shall determine the value of said real estate aside from the improvements thereon, and from which amount so determined shall be deducted the amount of money actually received by the city at the time of the illegal sale of said property, and upon the payment of the residue to the City Treasurer, to the credit of the School Fund, they shall receive from the city the proper title to said property.
" And be it further Resolved: That any person occupying any of said school lands, and that may have determined the value thereof as above provided, may execute to the city a proper obligation for the amount thereof, payable at any time that the city may require the same for school purposes, said obligations to bear interest at the rate of twelve per cent. per annum, and to be paid annually. The title to said property to be perfected to said persons only when the whole amount of the principal and interest is fully paid to the city as provided in the preceding resolution." To determine the value of these and to act in concert with whomsoever should be appointed, Alder- man Pomeroy was nominated to represent the Common Council of the city of San José.
At a meeting of the citizens of San Jose held at the City Hall, January 24, 1857, under the presidency of Judge C. P. Hester, with P. O. Minor, Secretary, the object was stated by D. Devine to be the amendment or modi- fication of the City Charter. On motion, Judge Devine presented a draft of an Act to repeal the charter, and an amendatory Act appointing Trustees for the management of the city. Dr. Spencer moved that the present City Charter be abolished and a new charter be drafted, so as to avoid the defects in the present one, which motion was carried. Mr. Matthews moved that a committee of five persons be appointed to draft a plan or bill in accordance with the above. Motion was put and carried, and the Chair appointed Messrs. Matthews, Devine, Dr. Spencer, Rhodes and Voorhies, and on motion
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
the Chairman was added to the committee; on the 31st, William Matthews presented certain amendments to the existing instrument, which meeting with the views of the majority were adopted. The Legislature passed a bill to re-incorporate the city, which the Governor vetoed, but finally another bill was passed March 27, 1857, and being signed by the chief Executive, went into effect on the second Monday in April.
The government of the city now became vested in five Trustees, a Treas- urer, and Clerk and Assessor, and Collector, the first election for whom was held April 20, 1857, when Marcus Williams, William Daniels, James C. Cobb, Thomas Fallom, R. G. Moody (President) were elected the Board of Trustees; Chapman Yates, Clerk and Assessor; J. H. Scull, Collector; John H. Moore, Treasurer.
On August 26th, Mr. Crittenden of San Francisco was permitted to make a statement to the Board of Trustees relative to the confirmation of pueblo grants to the Land Company, etc .; after which, on motion of Mr. Daniels, the Committee on Public Lands and Buildings were instructed to make a thor- ough examination of all the old pueblo papers, and also of all the records and papers pertaining to the action of the Land Company, or of the city authorities of San José in reference to the pueblo lands of the city, and report as to what action is deemed most advisable on the part of the city authorities to quiet land titles.
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