USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 47
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90
Oakhill Cemetery is one of the most beautiful spots in the neighborhood of San José. It is situated about two miles and a half from town at the base of a range of hills which rise high up in the middle of the valley, and form a prominent landmark for miles around. It is altogether an appropriate place for the deposit of the earthly remains of those who have gone before into the world where death is unknown.
On March 29, 1859, a horrible tragedy occurred whereby Samuel J. Crosby and L. Posey Fergusson lost their lives. The death of Fergusson, who was a stranger, here for the purpose of accompanying a friend to Missouri, was acci- dental, he being shot from the outside, while within the Court House build- ing, the bullet having passed through a plank three and one-fourth inches thick. The fatal affair transpired at the corner of Second and San Fernando streets during the session of the District Court.
.
415
SAN JOSÉ TOWNSHIP.
April 11th, several houses situated on the east side of Market, south of San Fernando street, the property of Antonio Pico, were destroyed by fire. On May 8th, the Baptist church on Second street, was dedicated by the Rev. Mr. Wheeler, of Sacramento, while of improvements undertaken at this time, they were numerous. At no former period in the history of San José had the city exhibited such striking evidences of prosperity as now. In every direction, and on almost every street, improvements were going on, and from morning until night the sound of the saw and the hammer, and the ring of the trowel was heard. At that date, July, 1859, sixteen brick buildings were in the course of erection, all, save one, being designed for stores, and most of them being two stories in height. Among these were structures erected by Edward Auzerais, on Market street, Martin Murphy, on the same thoroughfare, and on the opposite side, six brick store-rooms for Clemente Columbet.
August 15th, publie notice was given by the San Jose Land Company, that they would sell their right to the land known as the Five-hundred- acre tracts, provided application was made therefor within four months. On the same date, the Commissioners of the Funded Debt gave notice that they would give titles to the same lands, while the Mayor issued a notifica- tion that he did not believe the Land Company had any interest in them.
Horace Greeley was announced to address the citizens of San Jose on the 19th August, but, owing to a message being received that he was unable to ride, from being covered with boils, his remarks did not take place until the 24th, when people from the remotest corners of the county-among them many ladies-came to hear a gentleman whose name had been for so many year's identified with the political history of the country, as well as con- ductor of one of its most distinguished journals. On the 2d and 34 Sep- tember, the distinguished poet and author, Bayard Taylor, lectured, the sub- jects being the "Arabs," and the "Arctic Regions." On September 17th, the news of the death of the Hon. D. C. Broderick was received with every demonstration of sorrow, flags being hung at half-mast. On the evening of Monday, October 10th, James Stark's new theater was opened with the play of Richelieu; he in the title role, and Mrs. Stark as Julie de Mortimer, while about the same time, First street, between Santa Clara, and San Fernando streets, was macadamized at a cost of about thirteen hundred dollars; and the Santa Clara Valley Agricultural Society became incorporated, and acquired seventy-six acres of land on the Alameda, for the sum of six thousand, one hundred and forty-two dollars.
1860 .- On January 21st of this year, the following order was adopted by the Common Council: Resolved, That any or all persons wishing to examine any of the books, records, or papers of the city of San Jose, in the archives thereof, shall pay to the Clerk the sum of fifty cents per hour for such
416
HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
length of time as he may be detained therefor; and it shall be the duty of the Clerk to remain in attendance all the time that such examination may be made, and be particular that no papers are extracted at such examina- tion. The resolution did not apply to the proper officers of the city govern- ment.
February 6th, the President of the Board of Funded Commissioners informed the Common Council, by letter, that, they " have under considera- tion the proposition to test, by legal proceedings, the pretended claim of the so-called San José Land Company to what are known as the pueblo lands of the city. If the claim of the Land Company is good, as against the city, the Commissioners feel that it is hardly right for them to sell and receive money for lands to which they can convey no title, and if the Land Com- pany's claim is not good in law, it is believed that it is the duty and inter- est of those who represent the city to quiet the city's title, and place it on an indisputable basis. This would seem to be due to those who purchase from the Commissioners." This note was written to gain an opinion from the Mayor and Common Council, who appointed a committee to confer with the Commisioners in regard to any contemplated legal proceedings. Their opinions were embodied in a report dated, March 14th, stating that they had consulted, as directed, and made known the action of the Council in the matter. To that end they proposed to the Fund Commissioners to engage the services of two attorneys who reside in San Jose, and also a law firmn in San Francisco, and that, before proceeding in the affair, to have a written agreement with the attorneys as to what their charges would be. The names of Messrs. Archer and Yoell were suggested. The Committee further report as follows: " We also asked the Fund Commissioners if they were willing to allow some of the money now in their hands, from the proceeds of the sale of lands, to be appropriated for that purpose. The Fund Commis- sioners did not seem to have their minds made up to any particular action in the matter, and it appeared to your committee impossible to understand what they did want to do; for, although the Council and your committee took it for granted, from the tenor of the letter before referred to, that they had their minds made up to test the legality of the title of the Land Com- pany, upon consulting with the Fund Commissioners, it appeared we were mistaken."
April 2d " An Ordinance granting to the county of Santa Clara St. James' Square " was read, and on motion adopted by the following vote: Ayes- Messrs. Morrison, Pfister and Moody ; Noes-Mr. Pomeroy. The accompanying resolution was then carried: " WHEREAS, There has been an unsettled account between the county of Santa Clara and the city of San Jose in regard to the taking care of the indigent sick, amounting to the sum of about five hundred dollars, alleged to be due to the said county; and whereas said county
Gra
Rayen batter
. W PORK HOR. LEPARY
.. KAD
AAILAS.
417
SAN JOSÉ TOWNSHIP.
has offered to relinquish all claim against said eity if privilege is granted to said county to build a Court House on any of the public squares of said city ; and, whereas, in consideration of said offer, and other important reasons, the Mayor and Common Council have this day passed an ordinance granting said privilege. Therefore be it Resolved, That the Clerk of the Common Council be, and he is hereby instructed to furnish, without unneces- sary delay, a copy of said ordinance to the Board of Supervisors of said county, together with this resolution."
At the municipal election held April 9, 1860, the following officers were selected: Mayor, Richard B. Buckner; Common Council, James R. Lowe, John R. Wilson, Arthur Shearer, Adam Holloway, Q. D. Gavitt; Marshal, Jasper D. Gunn; Assessor, Wm. R. Davis; Superintendent of Public Schools, R. P. Thompson; Treasurer, Levi P. Peck ; Clerk, James V. Tisdall.
After being twice returned by the Mayor the ordinance granting to James Hagan the privilege of introducing gas into the city was adopted July 13th, all the Aldermen voting for it, while, August 16th, the citizens near whose dwellings the gas-works were to be erected, petitioned against such; and on August 23d a proposition emanating from the Board of Supervisors was read and an ordinance was passed leasing the upper portion of the City Hall for the purpose of holding county courts for two years from September 1, 1860.
The San Jose Daily Reporter made its first appearance on the 19th January of this year, under the direction of W. F. Stewart; it was changed to the Weekly Reporter, and was first issued as such April 23d.
A mass meeting to express the general feeling in regard to the injunction on the New Almaden mines was held at the City Hall, January 24, 1860, when resolutions were adopted requesting the representatives of the county in the Legislature to take action so that it should be removed.
The progress of the city during the year 1860 was gradual, and indicative of prosperity, while its affairs were fast assuming good shape, and its acts a permanent form.
1861 .- The records of this year show that on April 11th the election for municipal officers was held with the following result: Mayor, J. W. Johnson ; Common Council, W. W. MeCoy, C. T. Ryland, J. M. Williams, A. Holloway, J. R. Lowe; Marshal, J. D. Gunn; Assessor, A. M. Younger ; Superintendent of Schools, R. P. Thompson; Clerk, J. R. Lowe, Jr .; Treasurer, Levi P. Peck. July 15th, Thomas Bodley was elected to the Council rice C. T. Ryland, resigned. On May 8th, it was resolved by the Common Council that the Mayor be instructed to enter into a contract with W. T. Wallace, employing him to appear for the city of San Jose and Fund Commissioners in the suit of Smith, et al., vs. The City of San Jose, and to attend the said suit until its termination, at the fee of five thousand dollars, and that he be required to make a vigorous defense to said suit, and obtain if possible a judgment that said Smith and his associates, etc.
27
418
HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
On January 21, 1861, the commencement of lighting the streets with gas in San José was effected, eighty-four consumers being supplied, and seven lights put on the streets. In the Spring the San Jose Weekly Mercury was issued-a history of this paper will be found elsewhere in this work-while in the month of April occurred that procession when nearly a thousand set- tlers paraded through the streets of San José.
The year 1861 is one which will be ever remembered as that when there broke out a dissension between two vast sections of the United States, that was like, at one time, to effect the dismemberment of the nation. Joint reso- lutions had passed both Houses of the Legislature pledging California to respond to any call from the President for putting down foes to the Central Government, hence in every village, town and city military organizations were being raised. San José was not behindhand. Names were being enrolled for soldiers' duty ; a meeting was held in the City Hall, May 30th; and on June 20th the following gentlemen were elected officers and non- commissioned officers of the San Jose Volunteers: Hugh A. Gourley, Cap- tain; John Martin, First Lieutenant; D. C. Vestal, Second Lieutenant; S. C. Thomas, Third Lieutenant; M. Pulaski, First Sergeant; J. H. Murphy, Sec- ond Sergeant; E. Pomeroy, Third Sergeant; T. J. Cuiston, Fourth Sergeant; John Mulholland, First Corporal; William M. Owen, Second Corporal ; David Downer, Third Corporal; Randolph Leavenworth, Fourth Corporal. The celebration of the Fourth of July in this year is looked upon as one of the most enthusiastic that ever occurred in the city ; and yet it was marred by a painful accident whereby Lieutenant Martin and Messrs. Gourley and Edward Morton, of the Volunteers, were injured while firing a national salute. The Mercury, of July 11th, says: "It is the opinion of the Mayor that since the appointment of the regular police the morals of this city have greatly improved. Particular attention is given to restricting vile language in the streets by men who have no regard for their own decency or that of any one else. There are also fewer drunks than formerly; and the Mayor is of opinion that rowdyism generally is on the decline."
About this period the School Fund of the city was found to be insufficient to meet the current expenses of the schools, while some of the teachers had taught for five months without receiving any part of their stipulated com- pensation. The school-houses were also in need of repairs, cleaning and alter- ation, yet these could not be effected for want of money in the Treasury. In view of such a deplorable state of things, the Board of Education felt it incumbent upon them to investigate into the cause of such embarrassment, and for this purpose, appointed a committee to ascertain the facts, in relation thereto, and make them public. The committee so appointed, reported as follows: "The Common Council of the city, in March last, saw fit to appropriate the school funds for other purposes than that of
419
SAN JOSÉ TOWNSHIP.
sustaining the schools, by the following certificate of an ordinance in the Treasurer's possession: Copy of the City Clerk's certificate :- San José, January 12, 1861. An Ordinance authorizing the City Clerk to transfer from the Common School Contingent Fund the sum of five hundred dollars to the Common School Fund. Passed-Ayes, Shearer, Holloway, Gavitt and Lowe; Nays, none. March 4, 1861. An Ordinance transferring the sum of one thousand dollars from the Common School Contingent Fund, to the General Fund, to pay and discharge all warrants drawn upon the General Fund. Passed-Ayes, Shearer, Holloway, Gavitt and Putney; Nays, none. * I certify that the above is true and correct, and that such ordinances were passed, as per date, by the Common Council of the city of San Jose, and approved by the Mayor. [ L. S. ] JAMES V. TISDAL, City Clerk.'
" Now the ordinance for the transferring of the funds, as appears from the City Records, is dated ten days later than the above certificate of Mr. Tisdal's, and includes two sections more than he saw fit to communicate to the Treasurer; though he attests, as a city officer, to the correctness of the same, and he also attests that it was approved by the Mayor; when, as it appears, it was not so approved. After the money had been drawn out of the Treas- ury, Mayor Buckner, it would appear, signed the ordinance, of which the following is a copy : ' Be it ordained by the Mayor and Common Council of the city of San Jose: Section 1. That the City Treasurer be and is hereby authorized and required to transfer from the Common School Contingent Fund, to the General Fund, the sum of one thousand dollars. Section 2. That the City Treasurer be and is hereby required to use said money, so transferred, to pay and discharge all warrants drawn upon the General Fund. Section 3. That the Treasurer be also further authorized and required to restore to said Com- mon School Contingent Fund the amount hereby drawn from the same, so soon as the same shall have accumulated in the General Fund. Approved, March 14, 1861. R. B. BUCKNER, Mayor. Attest JAMES V. TISDAL, Clerk.'
"But the principal circumstances in the whole of this transaction is, that of the School Fund being appropriated by the Mayor and Common Council to other than their legitimate purposes; and, as we are satisfactorily convinced, contrary to law. It is true that the last section of the above ordinance, if it had been communicated to the Treasurer, makes some show of providing for the restoration of the money, but, even now, when he is apprised (unotlicially) of the facts, the money, so far from being restored, is never likely to be; for individuals of the present Council, and probably also the Treasurer, think that other appropriations must continue to be drawn from the General Fund until a thousand dollars shall have accumulated therein ; which is not likely to be the case for years to come.
" R. P. THOMPSON.
DAVIS DEVINE. CHARLES MOODY."
On August 1st, Appleton's, formerly the City Hotel, was totally destroyed
420
HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
by fire. It may be remembered as the one which stood on First street nearly opposite the Mansion House. The fire companies labored well but with no avail. On August 8th, it is announced in the Mercury that W. T. Wallace had, on the 3d, presented the Department, through the Chief Engi- neer, J. B. Hewson, a donation of one thousand dollars. On the even- ing of the 23d October, the steam-boiler of Bassham's Mill exploded, causing considerable damage; the premises were, however, soon repaired with no delay to business. On the evening of December 24, 1861, the streets were generally lighted for the first time with gas.
1862 .- Early in this year it was said of San José, that "its streets are wide, its fountains of pure water refreshing, and its orchards, gardens and vineyards, render it fit to be the residence of gods. It has numerous hotels for the accommodation of the sojourner, where the good things of this life are dealt out to the hungry traveler; it has two newspapers, several flourishing schools and colleges, and bids fair to become the Athens of the Pacific."
In the month of March small-pox prevailed to a considerable degree, when, by order of the Council, the public schools were closed. Many deaths, prin- cipally among the poorer classes, occurred; while, as if to verify the truth of the adage in regard to misfortunes never coming singly, the city and district had been visited by serious floods that caused a great deal of damage.
A meeting of citizens was held in the City Hall, January 25, 1862, to deliberate upon the necessary steps to induce the Legislature to restore the State capital to San José. C. T. Ryland was Chairman and J. J. Owen, Secretary. April 14th, the municipality was elected as under: Mayor, Joseph W. Johnson; Common Council, Adam Holloway, Thomas Bodley, C. D. Cheney, E. J. Wilcox, W. O'Donnell; Marshal, W. L. Patterson; Assessor, S. Worsley Smith; Superintendent of Public schools, Rev. L. Hamilton; Clerk, James R. Lowe, Jr .; Treasurer, Levi P. Peck; Surveyor, Charles T. Healy ; Attorney, A. C. Campbell. Mr. Lowe resigned the Clerkship of the Council July 26th and was succeeded by James V. Tisdal. June 6th, the Alameda Turnpike Road Company was incorporated, and during the Sum- mer and Fall, the Alameda road was repaired and a toll-gate erected thereon near the Fair-ground. This road was completed on the Ist of November at a cost of twenty-eight thousand six hundred and eighty-five dollars and eighty-one cents. The toll-gate was removed and the road made free to all in July, 1868.
Early in the month of June, 1862, it was found that Jasper D. Gunn, ex-City Marshal, who had held the office for five years, had absconded after embezzling two thousand seven hundred and sixty-three dollars, forty-eight cents. Gunn was afterwards tried and acquitted: in the month of Decem- ber, however, legal proceedings were ordered to be instituted against his bondsmen.
421
SAN JOSÉ TOWNSHIP.
On July 28, 1862, the San Jose Institute and Commercial College was opened with one hundred and twenty-five pupils. The establishment was under the direction of Professors Gates and D. D. Owen; the Faculty com- prised, besides these, the names of Mrs. Gates, Miss Hattie De Puy and Miss Carrie Rhodes; while the lecturers in the Business Department were, on Accounts, D. D. Owen, A. M .; on Commercial Law, Hon. A. L. Rhodes; on Business Customs, Hon. J. J. Owen. The Trustees of the institution were Major S. J. Hensley, L. Archer, Hon. A. L. Rhodes, Josiah Belden, Thomas Fallon, Rev. S. S. Etheridge, Dr. J. C. Cobb, Rev. L. Hamilton, Hon. J. H. Moore, C. W. Pomeroy, E. Auzerais, James Lick, Hon. C. P. Hester.
September 30, 1862, the following gentlemen were elected officers of the' San José Zouaves: Captain George H. Hare; Lieutenants-First, C. L. Yates; Second, A. W. White; Third, C. H. Pomeroy; Sergeants-First, Mil- ton Campbell ; Second, P. C. Calder ; Third, Samuel Morris; Fourth, W. W. Wright ; Corporals-First, E. E. Seymour; Second, E. Harris; Third, Win. Corbusier; Fourth, George Pomeroy.
From the report of the School Marshal of San Jose published in Novem- ber, 1862, we obtain the following statistics: Number of children under four years of age, four hundred and fifty-one; boys over four and under eighteen, four hundred forty-four; girls over four and under eighteen, three hundred and nine-two; whole number over eighteen and under twenty-one, forty; Total, one thousand three hundred and twenty-seven, of these nine hundred and six were born in California. The largest number of children found in one family was ten; in another family there were five under four years of age-all single births and children of one mother. There were no deaf and dumb, and but one blind person in the city.
During the year 1862 great improvements were made in all parts of the city, the bountiful rains which fell in proper season having given life and activity to the country. The streets presented a brisk business appearance; produce of every kind came pouring in from the valley, the teams convey- ing it blocking up the main thoroughfares by their number. Saturdays com- menced to assume an active look while erops were gool; the value of land had increased; city property was worth more than it had been, and the com- munity was jubilant.
18633 .- In the month of January of this year the outstanding bonds against the city amounted to some twenty-five thousand dollars, there being in the Treasury four thousand dollars, an l in the hands of the Commission- ers three thousand dollars.
On the 7th April William T. Wallace was authorized to take proceedings and recover certain school lots for a consideration, the fee amounting to no less a sum than eight thousand dollars-a retainer which calle I forth inch adverse criticism at the time; while, at the election held on the 13th of the
422
HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
same month the old municipality gave place to the former one, as follows: Mayor, J. A. Quimby; Common Council, C. W. Pomeroy, Jesse Hobson, John Bonner, C. Yates, D. J. Porter, L. Wagenheimer; Marshal, J. C. Potter Clerk, J. T. Colahan ; Treasurer, D. B. Moody; Superintendent of schools, Rev. L. Hamilton. On the 20th April the Mayor addressed the following exhaustive message to the Common Council :-
" By the provisions of our City Charter, you are enjoined to meet on the Monday following our city election, to transact such business as may come before you. The nature and extent of that business can only be determined by a thorough knowledge of city affairs. All of us are newly elected to the positions we occupy and it cannot be expected that we should comprehend so fully the entire conditions of our city affairs, as we shall when all the departments pertaining thereto are thoroughly investigated and brought under your supervision .? You have been elected by your fellow-citizens, rely- ing upon your reputed integrity and business qualifications, to fill these posi- tions; and arduous and unpleasant as the performance of these duties may be, you will need no incentive more urgent, and at the same time more inviting, than the conviction that you are entirely identified with every interest, social, moral, pecuniary, an I municipal, vested in and surrounding us. Let us then put our hands diligently to the work set before us, and as citizens who intelligently comprehend our whole duty, faithfully and fear- lessly discharge it; so that when our terms of office shall have expired, the good-will of a now expectant people shall go with us. As a preliminary to the attainment of these ends let every officer in every department of our municipality minutely investigate the present condition of his office, and report the same to Your Honorable Body, at the earliest moment, in order that not only ourselves, but every interested citizen can be as familiar with our municipal and fiscal condition, as he is, or ought to be, with his own pecuniary affairs.
" And, gentlemen, I also feel it my duty to call your attention to the last important aet of the retiring Council in relation to an agreement entered into with Attorney Wallace for the recovery of certain lots and land known as school lots and land in and out of the city limits. The tenure by which these lots and land are now held is known to you all. It is known that the city did adopt preliminary measures to set apart this land for school pur- poses; but, it is farther known, that all the acts of our city government from that time up to the action of our late Council, have been of such a character as to afford the most undoubted evidence it did not consider that 'setting apart' of said lots and land as legal or morally binding upon itself; hence, they had taxed them, and caused them to be sold for the payment of taxes. The Common Council and the Commissioners of the Funded Debt (legisla- tively authorized to sell city land), have sold, and by deed, vested individ-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.