USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 48
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uals with full ownership of a large part of this land, and so far as plighted faith and the sacredness of moral obligations can be binding upon a munici- pality like ours, the individual rights to this land and these lots-thus derived, vested and secured-ought to be held forever, undoubted and invi- olate. To this end it were needless to ask the early action of Your Honor- able Body. The community by whom you were elected at the ballot-box demands it. The citizens, whose every dollar has been expended in the improvement of these lots and land, making thereon a home for themselves and families, demand it. More than this, the moral sentiment of nearly our whole community, seeing this contract for the violation of individual rights -this threatened litigation, producing hatred and lasting animosities, not only between our citizens, but between our city government and those from whom our city government derives its support-demands that this contract shall be cancelled. A contract not only in violation of plighted faith, moral obligations, and an outrage of individual rights, but a palpable violation of the spirit and letter of our City Charter.
" Our City Charter provides: 'That the Common Conncil shall create no debt upon the credit of the city.' The agreement with Attorney Wallace, first premises that certain persons have entered upon said lots and refuse to render up possession,-then agrees to give Attorney Wallace fifty per cent. of the value of said lots for their recovery by law, provided the penalty does not exceed eight thousand dollars; and further agrees with said attorney that the city shall make no arrangement, adjustment or compromise with person or persons holding said lots, but if so made, the compensation of said attorney shall remain payable in like manner as though no settlement had been made. Here, then, is a contract entered into by the Common Council with Attorney Wallace by which the city is bound to pay eight thousand dollars. Notwith- standing this wise provision of our City Charter, we have, according to the reports of the outgoing officers, a Floating Debt of over six thousand dollars, created, as we are told, for the purpose of defraying the necessary expenses of our city government. Either the provision of our charter which says, ' the Common Council shall create no debt upon the credit of the city,' means something or nothing. If it means anything, it means that when the fixed revenue of the city shall prove inadequate to meet the current expenses, the tax-paying citizens shall determine by vote, at the ballot-box, whether money shall be raised or not. It never contemplated the creation of debt' without first providing the means of paying. This provision cancels the obligation before it is in force, and, strictly, there is no debt We have then, a created Floating Debt of over six thousand dollars, contracted for city purposes, and yet, the tax-paying citizen has not been notified by the Common Coun- cil, in the prescribed way, that a necessity existed for additional taxes to defray the current expenses of our city government. It can hardly admit
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of any other construction than that this indebtedness has been created in violation of our City Charter. Again, the contract with Attorney Wallace agrees to the creation of a debt of eight thousand dollars. The Common Council, before they could make this contract binding on the city, should have published the object of incurring this indebtedness, and submitted it to a vote of the tax-paying citizens ;- but no vote was submitted. Every consid- eration, then, of justice to individuals, and every obligation we are under, by virtue of our oath of office to conform strictly to the letter and spirit of the charter, by which we are vested with official powers, demands that this agreement with Attorney Wallace be considered null and void. The time, way, and manner of your action in the premises, will be best determined by your wisdom and undoubted ability to fill the positions you occupy.
" In conclusion, gentlemen, allow me to say, that on all and every occasion of our meetings, it shall be my object to promote the utmost harmony of feeling and action, so that socially we shall mix pleasure with the onerous discharge of our official duties, and, trusting that an All-wise Providence will guide and protect us in our humble spheres of action, we will commence our labors, confident, at least, that we shall endeavor to merit our own com- mendation, and that our watchful fellow-citizens will not withhold theirs if merited by us."
In regard to the foregoing a committee was appointed to consult with Judge Wallace, and at the meeting held May 4th, the following preamble and resolutions were adopted: "WHEREAS, The late Common Council of the city of San Jose did, on the eighth day of April, 1863, enter into a con- tract with William T. Wallace for the recovery of certain lots and land known as 'school lots' and land; and, whereas, by the action of preceding Councils, together with the acts of the Commissioners of the Funded Debt, separately and jointly, a large portion of these lots and this land have and has been sold, and by deed conveyed to individuals, citizens of said city; and, whereas, the good faith of the city is pledged to the validity of said sales and transfers by deed; and, whereas, by the condition of said contract with the said William T. Wallace, attorney, the city as plaintiff to prosecute for the recovery of said lots and land: Therefore be it Resolved, by the Mayor and Common Council of the City of San Jose, that they deem said contract a violation of good faith, justice, law, and equity, as also of the provisions of the City Charter: and that they will not hold themselves in their municipal capacity bound by any of the conditions set forth in said contract with said Wallace." In reference to the foregoing, suit was brought against the city by General Wallace, and on June 8th the sum of two hun- dred and fifty dollars was directed to be set apart to meet the expenses in defending the action; on the same date, on the suggestion of the Finance Committee, the accompanying address was a sent to the citizens of San José :-
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" The Common Council of your city feel it a duty incumbent upon them to address you in reference to the financial affairs of our city; and in doing so we will endeavor to lay the whole subject before you in so plain and simple a manner that cach citizen may fully comprehend, and be able to form his own conclusions as to what may be his duty-also the duty of the Common Council-under the circumstances in which we find the city now placed.
" We attach to this address a list of accounts approved by the former Council amounting to the sum of six thousand three hundred and thirty- nine dollars and thirty nine cents. The records of these proceedings show that such claims were created, and that, for at least some portion of these demands, the city has received valuable consideration.
" We also have claims presented to us, originating under the auspices of the foriner Council, amounting to the sum of two thousand six hundred and ninety-eight dollars, some portion of which we are convinced are just and equitable, making a total of nine thousand and thirty-seven dollars and thirty-nine cents. We also have, in addition to all these, a prospective claim of eight thousand dollars on account of the school land operation of our former Council and General Wallace.
" We predicate receipts in the Treasury for the fiscal year, for general pur- poses as follows :-
" On account of taxes on real and personal property $ 6,960 00
" Licenses and other sources 8,924 00
" Total receipts for general purposes $15,884 00 " The expenditures for the same period of time, are set down as follows :- " For general purposes. $ 6,000 00
" Interest. 2.400 00
" Sinking Fund 4,000 00
" Total
$12,400 00
"In the above estimate of receipts we should, probably, have added the amount of the defalcations of the late absconding Marshal. In the above estimate of expenditures we have not taken into consideration the amounts that may be required in prosecuting the suits instituted by the city against Gunn and his sureties, and also in defending the city in such suits as are or may be instituted against it by those of its citizens holding real or imaginary claims. We mention these items, and leave the subject for cach to form his own conclusions. Aside from these claims, the revenue for general purposes, after meeting all the usual demands, would leave a balance of three thousand four hundred and eighty-four dollars in the Treas- ury, which can be applied to the payment of these claims, provided the
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
same, or quite a portion of it, will not be required to defend the city against vexatious or tortuous suits. A special tax of one-fourth of one per cent. upon the taxable property within the city would yield a revenue of from three thousand six hundred to four thousand dollars, which amounts together, if left untrammeled, would nearly or quite pay every dollar's worth of equitable claims against the city." July 14th an ordinance to levy a special tax of one-fifth of one per cent. was passed over the Mayor's veto by the following vote: Ayes-Bonner, Hobson, Wagenheimer, Porter, and Pomeroy; No -- Yates. The election to test the question was held August 3d, when one hun- dred and five votes were cast for the special tax, and one hundred and thirty-eight against it.
On May 11th, J. C. Potter was selected to be Chief Engineer of the Fire Department; on the 25th, some frame buildings on the west side of First street, opposite what was then known as Archer alley, were destroyed by fire. After having been stopped for nearly three-quarters of a year, by Gen- eral Wright, the San José Tribune made its re-appearance May 25th. About this time, the building on the north-east corner of Market and El Dorado streets was rented as a Court House, and so occupied until the com- pletion of the new one, in 1868; and, June 4th, permission was granted to Trinity Parish to erect a Protestant Episcopal church on lot one, block two, range two north-the corner of Second and St. John streets; while, at this period, the erection of the Presbyterian church on Second street was being proceeded with, the corner-stone having been laid June 14, 1863. On the morning of June 19th, a destructive fire broke out in certain wooden build- ings on the north side of Santa Clara street, between Market and First streets; the principal sufferers were a fruit-dealer, named George, five hun- dred dollars ; J. C. Koppel, cigar and tobacco dealer, three thousand dollars; Gerdes & Tiemeyer, proprietors of Bella Union, about three thousand dol- lars; Zuckerman, watchmaker, one hundred and fifty dollars; C. Humbert, Bella Union Restaurant, two thousand dollars; J. H. Heering, photogra- pher, twelve hundred dollars. The Fourth of July was celebrated this year with much enthusiasm, though it was unhappily attended with a severe accident to David Pierey, a young man, and member of the "Zouaves," who was seriously injured by the premature discharge of a cannon.
On July 9, 1863, we learn of the organization of a company of Light Artillery, with the following officers : Captain, S. O. Houghton ; Senior First Lieutenant, C. T. Healy ; Junior First Lieutenant, J. Wiegert; Senior Sec- ond Lieutenant, Nathan B. Edwards; Junior Second Lieutenant, Edmund Ladd. The company had one hundred and fourteen names on its muster- roll; while, at that period, Mr. Lyon had commenced the building of his res- idence opposite the Episcopal church, and Tyler Beach was then erecting the St. James Hotel. On the night of Friday, August 14th, Walteufel's book store,
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on Market street, was damaged by fire, to the extent of five thousand dollars, evidently the work of an incendiary, as the shutters to the back door were found to be open, and about eighty dollars in silver was missed from the till. Splendid show-cases, countless pictures, and a large quantity of books and sta- tionery were completely ruined. On the 12th September, the first number of the Weekly Patriot was issued by the editor and proprietor, F. B. Mur- doch. In the month of October, Levi Millard commenced running a four- horse omnibus between Mccarthysville (Saratoga), and San Jose, by way of Santa Clara; on the 10th December, the famous wit, Artemus Ward (C. F. Browne) enlightened the good citizens on the topic of "The Babes in the Wood;" and on the 19th of the month, the residents were severely shaken by an carthquake.
During the year 1863, besides the churches mentioned above, there were erected, Clement's three-storied block, on Market street, King & Knoche's fine block, on first street ; the Auzerais House, on the burnt district on Santa Clara street ; Welch's large brick stable on First street; and the railroad depot near San Pedro street, besides several private dwellings. It was thought that during the last half of the year at least fifty buildings had been completed. It is needless to say that San Jose was in a prosperous condition.
1864 .- The cry of "long-looked-for, come at last," fulfilled itself in this year. The railroad had actually become an accomplished fact. Towards the end of the last year, it had crossed the county line. On the 6th of January, at a meeting of the citizens held at the Crandell Hotel, the Mayor presiding, and F. B. Murdoch, Secretary, it was resolved " that in honor of the com- pletion of the San Francisco and San Jose Railroad, the citizens of Santa Clara county will give a free entertainment on Saturday, January 16, 1864, at 12 M., to the public generally, and that they will cordially invite the officers of the Railroad Company, the Mayor and Board of Supervisors of San Fran- cisco, and citizens of San Francisco city and county to join with them in celebrating the day." In accordance with this resolution, Messrs. L. Archer, Thomas Fallon, A. Pfister, E. McGowan, and L. C. Bostick, were appointed a committee to carry out the object of the meeting. On the day named, Jan- uary 16, 1864, a vast concourse of people assembled to welcome the first pas- senger train that had traversed the entire line between San Jose and San Francisco, which was received with every demonstration of joy. An address was delivered by Mayor Quimby, to which the President of the road, Judge Dame replied; resolutions were read by Mr. Archer; speeches made by the Hon. T. J. Phelps, and others; a grand procession took place : after all of which a "free and bounteous " repast was served to the multitude. Well might it be a day of great rejoicing. But a few years before, and the en- tire valley was a waste of uncultivated lands. Now, turn in whatever direc-
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tion you may, and the eye rests upon green lawns, and flowering gardens. At last comes the shrill whistle of the locomotive, echoing back from mount- ain and from crag, and rolling through the rocky canons, carrying in its sound an incontestible proof of American enterprise, foresight, and determi- nation.
Among all the prospects of the future on which the mind of man is engrossed, unlooked-for death occasionally steals in to prove that we are but mortal. On February 6, 1864, there died in San José one of her most esteemed and worthy citizens. Sheriff James F. Kennedy breathed his last while undergoing an operation for the removal of a tumor from one of his shoulders. His term of office had but four weeks more to run ere expiration. Of this gentleman the Mercury remarks: He had always taken a deep interest in all matters pertaining to the public weal, and was closely identified with the success and prosperity of Santa Clara county. He was also much interested in the military organization of the State, having been commissioned by the Governor, as Colonel of the State Militia; he held this rank at the time of his death. Mr. Kennedy was once a nominee for the office of Lieutenant Gov- ernor of California, on the Republican ticket, but was defeated. In his inter- course with men he was social and friendly; his nature was softened by kindness and affability, and was, what may be summed up in three words- a good man.
On February 18, 1864, the first Rector of Trinity Parish breathed his last. The Rev. Mr. Etheridge came to San Jose when members of the Episcopal Church were much scattered, but, notwithstanding his delicate health, he labored earnestly until he brought them together and formed the parish. Permission having been obtained from the Mayor and Common Council of the city, Mr. Etheridge was buried under the chancel of the church, at the foot of the altar. The ceremonies, attending the obsequies, conducted by the Right Reverend Bishop Kip, and the Reverends T. W. Brotherton, F. Marion McAllister, Giles A. Easton, J. H. Gassman, and T. A. Hyland, were both solemn and impressive. He came here, a stranger, when there was but little interest exhibited in this vicinity for the Holy Church Universal, and his first sermon, on the First Sunday in Advent, 1860, to the few of the church who heard it, may be said to be the advent of the church in this place.
" So live that when thy summons comes to join The innumerable caravan that moves To the pale realms of shade, where each shall take His chamber in the silent halls of death, Thon go not, like the quarry slave, at night Scourged to his dungeon; but sustained and soothed By an unfaltering trust, approach thy grave Like one who wraps the drapery of his couch About him and lies down to pleasant dreams."
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Friday, the 26th February, will be remembered as the occasion of a shock of an earthquake, the like of which had not been experienced for years. Indeed two distinct shocks were felt, causing those who were asleep to be aroused from their slumbers, dishes to rattle, door-bells to ring, wooden frames to creak and snap, cocks to crow, dogs to bark, and a general consternation to ensue. The proverbial oldest inhabitant had never experienced so severe an oscillation, but no damage was done save the widening of a few cracks in some of the buildings.
April 11, 1864, the following city officers were elected: Mayor, John A. Quimby ; Marshal, J. C. Potter; Clerk, J. T. Colahan; Treasurer, D. B. Moody; Superintendent of Schools, Rev. L. Hamilton ; Common Council, J. M. Cory, Jesse Hobson, John Bonner, the remaining members holding over. Mr. Hamilton resigned his position, November 10th, and was succeeded by Wesley Tonner.
May 2d, of this year, Donald Mckenzie was granted permission to erect a large reservoir, and lay down pipes through the principal streets of the city, for the purpose of furnishing the public with water, as also to keep the vari- ous municipal cisterns constantly filled in case of fire.
San Jose, with its vineyards, gardens, and orchards, was, at this period, described by a visitor, as undoubtedly the prettiest place in California; but this was not all, for its future was full of hope and developing splendor. The railroad had placed its destiny beyond mere probability; and the citizens were availing themselves of the advantage. Notwithstanding an unpropi- tious season had distressed the farmers, business was active; improvements had been going on almost recklessly. On one of the streets, formerly occu- pied by Jew shops, Auzerais' magnificent hotel, lifts up its stately front of one hundred and fifty feet, with architectural decorations equal to San Francisco. The huge building cost one hundred thousand dollars and more. The Sisters of Notre Dame had cleared away the old wooden buildings, and erected a splendid structure-an immense building and constructed with exquisite taste. The new San José Hotel, costing fifty thousand dollars, was just opened and astonished its visitors with its style and elegance. The rail- road depot, and numerous stately private residences attested the wonderful march of improvement following the track of the iron horse. A joint-stock company was commencing to build a Masonic and Odd Fellows' Hall, at a cost of tifty thousand dollars. The streets had been opened and beautifully graded and ornamented. A turnpike, costing nearly thirty thousand dollars, had been constructed to Santa Clara-in short progress was the recognized watchword, and what it has done speaks for itself.
On the evening of Friday, July 15, 1864, the city was thrown into a high state of excitement by the news of a terrible encounter between a Sheriff's force, under the command of Sheriff J. H. Adams, and a party of
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
highwaymen, 'within a mile and a half of San Jose, in which one man was reported killed and several others badly wounded.
It may be remembered that a few weeks prior to this date a stage rob- bery had been committed near Placerville, and that two of the conveyances were stopped by a party of six highwaymen, and Wells, Fargo & Co.'s Express robbed of several hundred pounds of silver bullion. The party represented themselves as Southern gentlemen, acting under the authority of the Confederate Government, and their Captain (Ralph Henry alias Ingraham) gave a receipt for the treasure in behalf of the Confederacy. In a day or two after the robbery, Officer Staples, of El Dorado county, came upon the gang at a house in the mountains, and, without sufficient assistance, attempted to arrest them. He was killed in the attempt. One of the rob- bers named Poole was wounded in the mèlee and captured, the rest making their escape. The captive made a clean breast of the whole affair, gave personal descriptions of John Clendening, George Baker, John Creal, Ab. Gillespie, and Ralph Henry, and these were confirmed by a woman living in the house where the encounter occurred.
On the night of Thursday, July 14th, between nine and ten o'clock in the evening, three men called at the house of a Mr. Hill, on the Almaden road, and asked permission to remain over night, stating that they were looking for some friends whom they expected to pass that way. Mr. Hill directed them to an unoccupied building close by, saying that if they could put up with such accommodation they were welcome to the use of the building. They remained there that night and all the next day (Friday). Thinking their actions somewhat suspicious, and acting upon the advice of a friend, Mr. Hill came to San José and informed the authorities of the circum- stances. The Sheriff immediately organized a posse, consisting of Deputy Sheriff's G. W. Reynolds, Fred. Morris, and J. Brownlee, Marshal Potter, Constable Scott, and citizens C. N. Senter, E. W. Wiles, Bowman and Gould, and proceeded at once to the place indicated, where they arrived just at night. The party surrounded the house, and Sheriff Adams demanded the robbers to come out and deliver themselves up. They had resolved to sell their lives dearly, and, rushing out, commenced firing promiscuously at the officers, who were also well armed, and returned their fire briskly. John Creal, named above, received two or three shots, either of which would have caused his death. He was brought into town and lodged in jail, where he died about half an hour afterwards. His name was John Creal Bouldware. Ab. Gillespie or Glasby, another of the gang, received seven shots through his clothing, had the handle of his pistol shot away, and yet escaped bodily harm. He was overpowered and secured. Clendening, after firing twice point blank at Captain Adams, and receiving a settler in return, leaped over a fence and fled in the direction of The Willows, where he was found about mid-
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night in a dying condition by Under-sheriff R. B. Hall and J. R. Lowe, Jr. of another party, who went in search for him, the Sheriff believing him to be badly wounded. He was taken to the county jail, where he survived until the following night.
One of the shots from Clendening's pistol, aimed directly at Captain Adams' heart, struck a watch in the pocket of his vest, breaking off the shank and bending in the edge of the watch, then glancing into his body, bruised a rib, and made a bad wound, from which was extracted the ball with a por- tion of his shirt; Brownlee received two flesh wounds in the legs. Creal fired eight shots before he fell, and was attempting to use his pistol after he was down, when he was disarmed by Mr. Reynolds, and Clendening, when found in the bush, had two revolvers on his person, and a bag containing a hundred dollars or more in gold-dust, while the others had about one hun- dred and sixty dollars in coin about them. Their object was thought to be to rob the stage to the New Almaden mine when returning with treasure to pay the miners.
Another of this band named John Grant, who had had some difficulty with the Captain, determined to carry on the business of highway robbery on his own account. He was last seen in the vicinity of San Juan. A young woman with whom Grant was on intimate terms, residing near Forbes' mill (Los Gatos), received a letter from him in which he informed her he would pay her a visit, a short time thereafter, on his way to Sonora.
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