USA > California > San Bernardino County > Ingersoll's century annals of San Bernadino County, 1769-1904 : prefaced with a brief history of the state of California : supplemented with an encyclopedia of local biography and portraits of many of its representative people > Part 28
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"Many intricate, confusing, perplexing and harrassing questions are likely to arise over the question of ownership of underground waters. Many ques- tions have already come before the courts and many hundreds of thousands of dollars have been spent in getting decisions which are themselves confusing. The laws regarding surface waters have been in the courts ever since the adoption of the present constitution in 1879. Millions of dollars have been spent already, and the dockets of the courts are clogged with water cases. And the end seems far distant. What will be the outcome when litigation over underground waters fairly sets in, no man knoweth. At present any one who feels inclined to dig for water on his own land, will dig. And he will have not the slightest regard for his neighbor above him. Sometimes, possi- bly, the courts may step in and prevent the man on the low ground from rob- bing his neighbor on the ground above him, but that time seems to be in the dim and far distant future."
The foregoing prediction, written in 1902, was verified much sooner than its author had anticipated, for, on the seventh day of November, of that year, the Supreme Court of the state rendered its now celebrated decision in the case of Katz vs. Walkinshaw. This decision establishes an entirely new rule respecting the ownership of underground waters and lays down the law to be that no person can deprive the owner of water-bearing lands of the use of that water by digging wells upon adjoining lands and draining the water away. In other words, the owner of water-bearing land owns the water with which that land is saturated and cannot legally be deprived of that water without his consent.
This case arose in San Bernardino. The plaintiff was the owner of water- bearing lands within the city limits. The defendant dug wells upon adjoining lands deep enough to drain away the water. The plaintiff brought suit asking an injunction prohibiting this practice. The case was non-suited in the lower
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HISTORY OF SAN BERNARDINO COUNTY
court but this decision was overruled by the Supreme Court and the above principle was established. The decision was re-affirmed in December, 1903. Arguments against the decision were made by many of the leading lawyers of Southern California but without securing a modification.
This decision will, in the future, effectually prevent the common practice of sinking wells at the lowest point in any given area of water-producing lands, draining the water by artesian wells, or by wells that are pumped, and conveying the water thus obtained to other points, perhaps at a great distance, and there using it upon other lands. As regards systems of this sort already existing the decision may or may not work a hardship upon those who have expended large sums of money upon such systems of irrigation, in accordance with the facts of each case. If the statute of limitation does not interfere, and if proof can be produced to establish a case coming within the rule, injunctions will undoubtedly be issued to restrain the operation of some of these systems. In fact, several suits have already been instituted with this object in view.
CHAPTER IX.
THE HISTORY OF TRANSPORTATION.
The first white traveler through the San Bernardino Valley was Juan Bautista de Anza, who was sent to explore an overland route between Sonora, Mexico, and the Mission of Monterey, in 1774. Accompanied by some twen- ty-five or thirty men and a considerable number of horses and cattle, he struck the Colorado River at the junction of the Gila, crossed here, and pushed across the desert to the Puerto de San Carlos, as he named the San Gorgonio Pass and then through "El Valle de San Jose." In a few weeks he retraced his steps and two years later he again made the trip, this time in company with 177 people, colonists and soldiers, and with a herd of 590 animals. Such a party must have broken a very good trail through this valley. This overland route from Mexico was much used, for long and dangerous as the way was, it was less perilous than a trip by water in one of the little vessels constructed by unskilled hands on the west coast of Mexico and baffled by the conflicting winds and waves of the Pacific.
The first American to enter the San Bernardino Valley was undoubtedly Jedediah Smith who came in from Utah in 1824 and who is, so far as we know, the first traveler to enter by way of the Cajon Pass. In 1831, the Workman party came into California from New Mexico by way of the Virgin River and Cajon Pass. During the thirties and forties considerable traffic between Cali- fornia and New Mexico was carried on and it came chiefly by the route taken by the Workman party and thus passed through the San Bernardino Valley. The New Mexican colonies in this county were a result of this trade. Thus
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HISTORY OF SAN BERNARDINO COUNTY
the San Bernardino Valley was, from the first settlement of California, a high- way for travel and for trade.
Many of the gold seekers of 1849, and the succeeding years, entered the state by one of these southern routes and thus passed this way. Emigrant trains of canvas covered wagons, drawn by oxen or mules ; trappers and pros- pectors with trains of pack mules ; single men or little groups of two or three, on horseback and afoot,-all of these after the long and terrible journey across the deserts and mountains must have felt that they had reached the land of promise when they came down into the San Bernardino Valley and found streams and springs, flowers and luxuriant feed for their starving ani- mals. A regularly appointed wagon train traveled in a carefully arranged order while crossing the plains and tried to keep their routine when deserts and mountains were to be crossed, although often necessity compelled a sep- aration, in order that water and feed might be obtained for all. If there were any number of wagons, a leader, or wagon master, was chosen and his com- mands must be strictly followed. There was usually some stock and a number of men on horseback accompanying the party. Guards, herders and scouts, were detailed. The yoking and handling of the half dozen, or more, oxen to a team was a work requiring experience and skill. Every member of the train must be in constant readiness for emergencies. Danger-from Indians, lost trails, difficult mountain passes, swollen streams, or lack of water and many other contingencies were constantly encountered. And yet, despite all the ap- parently insurmountable difficulties of this journey, between the years of 1849 and 1859, thousands-some authorities say three hundred thousand-immi- grants reached California by the overland routes.
STAGING AND FREIGHTING.
With the coming of the Mormons and the settlement of San Bernardino began the days of the stage "coach"-in early days a "mud" wagon or buck- board, and of the mule freighter. The first mail service between San Ber- nardino and Los Angeles seems to have been somewhat irregular. One of the first mail carriers was U. U. Tyler. He drove oxen and made occasional trips. It is related that at one time he left Los Angeles with the mail, driving a yoke of steers attached to the running gear of a wagon. At El Monte a couple of passengers were awaiting the "stage" to San Bernardino. It was a case of riding the wagon reach or waiting indefinitely for other transportation, so they made the trip-in safety if not in comfort. One of the first mail carriers was named Rockefeller, and carried the mail and passengers with a mud wagon and two horses, making the trip once a week and taking two days from this city to Los Angeles. John Miller, in 1854, ran a stage between the two points. In 1852 Captain Hunt secured a mail contract for three years to carry mail from Los Angeles to Salt Lake, by way of San Bernardino. The trip was made on horseback, two men carrying the mail. often accom-
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HISTORY OF SAN BERNARDINO COUNTY
panied by others who wished to make the journey. Among the riders on this line were Dan Taft, Dan Rathburn, Ed Hope, Gilbert Hunt and Sheldon Stoddard. The latter made the round trip between here and Salt Lake twelve times in 1853.
By 1858 a regular bi-weekly stage service was maintained between Los Angeles and San Bernardino. Its advertisement reads as follows: "Regular line carrying United States Mail. Leaves Los Angeles Monday and Thurs- day of each week, at 7 a. m .; San Bernardino Wednesdays and Saturdays, 7 a. m. All applications at Bella Union, or Jacob's Hotel, corner Third and E Streets. No person will be allowed to enter the stage without his fare is pre- paid. Fare each way, $8.00."
This was evidently a cash proposition, but it was not equal to the tactics of the stage driver who waited until he reached El Monte and then insisted upon the payment of the fare in full- no pay, no further ride-and not many people cared to be stranded at El Monte. In the latter part of 1859 or in 1860 a rival line was put into operation and the fare dropped to $6.00.
The establishment of the Butterfield stage line between St. Louis and San Francisco, in 1858, was a great event in California history. By this route the overland mail time between New York and San Francisco was greatly reduced, the quickest time on record by this line having been twenty-one days. Two mails a week were carried by the Butterfield route, and the time made. after everything was in working order was very regular. They made the trip between Los Angeles and Yuma, via Warner's Ranch-282 miles- in 72 hours and 20 minutes. Time made on first trip from St. Louis to San Francisco, 24 days 20 hours 25 minutes."
The breaking out of the civil war caused the withdrawal of United States troops from California, Arizona and New Mexico. The Indians at once became troublesome, and in consequence the Butterfield route was aban- doned. The "pony express" from St. Joe to San Francisco and the telegraph lines which were put through to the coast in 1861-2, still further shortened the time for mail and for "news," although the overland passenger travel was almost brought to a standstill.
In 1863 A. P. Andrews put on a four-horse coach between Los Angeles and this city which made tri-weekly trips, and must have given the town quite a metropolitan air. In 1864 a mail route was established from Los Angeles to Prescott, A. T., via San Bernardino. The contract for this route was let to James Grant, who was a large mail contractor for many years. At first the mail was carried by riders, but afterwards a Concord coach, be- tween Los Angeles and San Bernardino and a mud wagon from San Bernar- dino on to Arizona Territory, was used. In 1866 the Banning Company furnished a "fast and reliable" mail coach which started from Wilmington weekly, passed through Los Angeles, El Monte, Mud Springs, Cucamonga and San Bernardino and thence by way of Warner's to Yuina, making the +"ip in about seventy-two hours-considered a feat in that time. In 1867 we find the following stage advertisements in the San Bernardino Guardian :
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HISTORY OF SAN BERNARDINO COUNTY
ARIZONA Overland Mail Company.
THE STAGES LEAVE EVERY MONDAY AFTER-
NOON,
On the arrival of the Los Angeles Stages,
For Hardyville, Colville, Prescott, Willams' Fork, La Paz, and
Fort Yuma.
W. N. BALLARD, Superintendent. WOLFF & FOLKS, Agents.
my25
U. S. Mail Line PROM LOS ANGELES TO TUCSON, By the way of SAN BERNARDINO and FORT YUMA
ON AND AFTER MON- DAY, May 6th. the undorsigo- Led will run a line of
Four-Horse Coaches, carrying the L'. S. Mail
From LOS ANGELES, connectin; ut SAN BER- NARDINO with the FORT YUMA and TUCSON MAIL LINE. THROUGH PASSAGE can be secured, by ap- plying, in Los Angeles, tu
TOMLINSON & CO., Proprietora.
Or to O. M. WOZENCRAFT, Agent. San Bernardino, May 4th, 1867.
The Overland Stage Coast Line ! CARRYING TRE United States Mails and Wells, Fargo & Co's Express, LEAVES LOS ANGELES DAILY,
AT 3 O'CLOCK, P.M.
FOR SAN JOSE,
Connecting with the San Francisco and San Jose Railroad, at San Jose,
Arriving in San Francisco in Seventy-two hours. OFFICE-Bella U'hion Hotel, Los Angeles. W. E. LOVETT & CO., Proprietors Wy. BECKLEY, General Superintendent. Los Angeles, Muy 14, 1867. ap5
STAGE .
LINE
FOR
FORT YUMA.
T HE STAGES OF THE UNDER- SIGNED, carrying the U. S. and Quarter- master's Mail, will leave the
WILMINGTON EXCHANGE, At Wilmington, Cal., - FOR -
FORT YUMA,
At 4 o'clock, EVERY MONDAY
Passing through Los Angeles and San Bernardino
Returning, leaves Furt Yuma every Sunday, at 3 o'clock. A. M. LETTERS, PACKAGES, Etc., forwarded or reasonaule tertuz. The Overland Stage for San Francisco, leaves Los Angeles every day ; the steamer Orizaba lenves Wilmington three times each month. TO- The Stage from San Diego to Los Angeles leaves only once a week, and the steamer once a month.
BANNING & CO ___
During the Mormon occupancy a consid- erable business was done in sending supplies -hay, flour and stock to Arizona and Utah points. During the fifties and early sixties freight was taken from Southern California points, not only to Arizona, Nevada and Utah, but as far north as Montana and even Idaho, and the greater part of this business passed through the San Bernardino Valley and the Cajon Pass.
"Freighting" became an important occu- pation. The man who wished to engage in it must be a considerable capitalist, for the heavy wagons, constructed especially for the purpose, were expensive, and strong, well- broken mules were required. Eight, ten, twelve and sometimes eighteen or twenty mules were used as motive power for the "outfit." The wagons were carefully packed, and often carried thousands of dollars' worth of merchandise. The driving of one of these "freighters" over the mountains and deserts required forethought, prompt action and good judgment. There was always danger from the Utes, Apaches and other Indians. The heat and the cold, the alkali dust, the blinding glare of the sun upon the desert sands, thirst and hunger-all of these tested to the utter- most the physical and mental powers of the teamsters.
In 1873-74 Meyerstein Brothers of San Bernardino had a contract for hauling all sup- plies to the then booming Panamint district. They regularly transported by wagon train 200 tons of freight per month. San Bernar- dino was the base of supplies for the desert country and the mines throughout the county. and consequently freighting was one of her greatest sources of revenue. In early days she also exported wheat, flour and lum- ber to the coast district, and her "mule line," which successfully competed with the South- ern Pacific Company, is still well remembered
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HISTORY OF SAN BERNARDINO COUNTY
by old settlers. The coming of the railroad era, however, practically put an end to the business of the stage coaches and the freighters, although local stages were still in use in the eighties, and a few lines are still in existence in the county.
RAILROAD HISTORY.
For many years San Bernardino county awaited the coming of her first railroad. It was early apparent that some time a transcontinental line would be built from the lower Mississippi river to the Pacific coast. San Diego peo- ple felt confident that this line would make its terminus on San Diego harbor -"the only harbor worthy of the name south of San Francisco": while the residents of San Bernardino were equally sure that the road must come through one of her two great gateways-San Gorgonio or Cajon.
In 1867 the Memphis & El Paso road, with J. C. Fremont, president, was incorporated, to reach the Pacific coast. Work was begun at the eastern end of the line, but the scheme fell through. A line was surveyed from San Diego to the Gila river at one time, but never got further than the survey. There was much talk of the International line, to run in a direct course from San Diego eastward, partly on Mexican territory ; surveys and concessions were made-and that was all. It was confidently expected that the Texas & Pacific railway, which was organized by Tom Scott, of financial fame, in 1869, would solve the railway problem for Southern California. San Diego made large grants of land and of harbor front to this corporation, and work was actually begun and ten miles of roadbed graded, after an elaborate cere- mony in which the first shovelful of dirt was turned. But the financial panic of 1873 paralyzed this scheme also.
Of local roads, dozens were built-upon paper. A narrow gange i'ne between San Diego and San Bernardino direct was surveyed and seemed at one time an assured fact. In August, 1868, the citizens of San Bernardino assembled at the Court House and resolved: "That we citizens here assem- bled are in favor of building a railway from the landing at Anaheim to this place, and pledge ourselves and our individual exertions to enlist the county in its favor, and obtain an appropriation of at least $5,000.00 per mile for every mile built in the county, by the issue of county bonds for this purpose, to be issued under and by virtue of an act of Legislature passed for that purpose." This resolution was signed by all of the leading citizens of the county, but it seems to have had no effect-the road did not materialize.
The Guardian of October 2nd, 1868, contains the following railroad "news":
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HISTORY OF SAN BERNARDINO COUNTY
Pacific and San Bernardino Railroad Company.
"Such is the name of a company incorporated September 23, 1868, with a capital stock of two millions, the object of which is to connect San Bernar- dino with the sea, and while developing the resources of the country along its line, will attract the entire freighting business of Arizona and Southern Utah, which for some time has been diverted from us by the high prices charged by our teamsters for freighting, and carried by vessels via the Gulf of California and Colorado river. The books of the company are now open in San Francisco, and the stock is being taken very liberally. A set of sub- scription books will be sent to this place by the next steamer, and our citizens, possessing the means, will no doubt interest themselves in this enterprise and invest in some shares.
"The incorporation of the company has been delayed by the absence of Mr. Ben Holladay in Oregon. But now we may look for a speedy prose- cution of the enterprise. Gen. Davidson, writing in regard to the road, says : 'I look upon the road as a fixed fact.' So do we, and consequently look for- ward to the future of San Bernardino with anticipations of seeing her become what nature has established the foundation for, a thriving interior city, draw- ing to her the trade and traffic of Arizona and Southern Utah, and producing . from her own fertile hills, valleys and plains, a surplus of products that will attract wealth and prosperity to her producers. We are not informed when the work will be commenced, but presume as soon as the necessary arrange- ments are effected the ground will be broken and grading began. Once the ground broken, the grading and laying of the rails will be pushed on rapidly, until San Bernardino will stand as it were on the sea shore, and gather into her lap the wealth that comes floating on its bosom."
And this is the beginning and the end of the "Pacific & San Bernardino Railroad Company," so far as we have been able to find it.
In 1874 the Los Angeles & Independence railway, to be built from Santa Monica to Independence, Inyo county, was organized by Governor Downey, F. P. F. Temple and other merchants of Los Angeles, backed by Senator John P. Jones. Several routes were proposed, but that through the Cajon Pass was selected, and San Bernardino was invited to co-operate in the enterprise, and thus secure a route to the sea coast. The road was constructed between Los Angeles and Santa Monica and put into operation in December, 1875. San Bernardino, however, seemed to feel that any road passing through the valley could not skip her, and made no decided move to secure the road. Consider- able grading was done on the line this side of Los Angeles and in the Cajon Pass. The Guardian of January 16, 1875, reports, enthusiastically :
"Work has been commenced on the Independence railroad in earnest. A force of forty men, under the energetic Crawford is engaged on the Cajon grade. Mr. Crawford tells us that in a few days he will be re-enforced by
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HISTORY OF SAN BERNARDINO COUNTY
100 Chinamen. The Southern Pacific people have also a force at work in the Cajon. It seems their object is to head off the Narrow Gauge. Jones, how- ever, is not likely to bluff worth a dollar. Stanford, we believe, declares his intention of building a Broad Gauge, to Panamint, via the Cajon. San Ber- nardino is certainly looming up in importance to the commercial world. And now, let us avail ourselves of our magnificent opportunities. Let energy, enterprise and liberality be the order of the day with our business men and men of property. And let us all act for the general good."
The Los Angeles & Independence Railway never reached the San Bernar- dino Valley, however.
THE SOUTHERN PACIFIC.
The first western railroad project was put forth in 1835, when a line starting from Lake Michigan and extending to the Puget Sound was pro- posed. In 1849 Thomas Benton introduced a bill into Congress to subsidize a road, to be rail where practicable, and the rest of the way turnpike, from St. Louis to San Francisco. At nearly every session of Congress after this date some proposal for a transcontinental road was submitted and discussed, but no decided action was taken until the act authorizing the Union and Cen- tral Pacific roads in 1862.
In 1856 the first railroad in California, a line from Folsom to Sacramento, was completed. This road was built by a young engineer, Theodore D. Judah, who had come out from the east for this purpose. Judah became very much interested in the possibility of a transcontinental road, and made a careful examination of all the routes practicable through the Sierra Nevadas. In 1856 Mr. Judah published a pamphlet, "A Practical Plan for Building the Pacific Railway." A writer in the Overland Monthly says of this document, "Rarely has there been so much practical matter comprised within thirty pages. It suggested a plan for sleeping and restaurant cars, thus ante-dating the Pullman idea and obviating one of the greatest obstacles to the overland route."
In 1859 a Railroad Convention was called in San Francisco. Judah was one of the delegates, and presented the information that he had gathered and the plans that he had formulated. So impressed were the members of the convention that they appointed the young engineer to act as their accredited agent to present their proceedings at Washington. Mr. Judah went to Wash- ington and made a most favorable impression upon the statesmen with whom he came in contact, without accomplishing any immediate result.
Largely through Judah's zeal and his conviction in the reasibility of the route he had selected, Huntington, Crocker, Stanford and Hopkins became
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HISTORY OF SAN BERNARDINO COUNTY
interested, and in 1861 the Central Pacific Company was organized with a sub- scribed capital of $125,000. Of this amount Huntington, Hopkins, Stanford
C. P. HUNTINGTON
and Crocker subscribed $15,- 000 each. These men gradually acquired most of the other stock subscribed, including that of Judah. . The breaking out of the civil war increased the importance of the Pacific railway to the country at large, and the withdrawal of the Southern members of Con- gress minimized the opposi- tion to the project. The Cen- tral Pacific sent Judah again to Washington to work in their interests, and largely through his earnest and well-calculated efforts, Congress, in 1862. passed an "Act to aid in the . construction of a railroad and telegraph line from the Mis- souri river to the Pacific ocean and to secure to the govern -. ment the use of the same for
postal, military and other purposes."
For the carrying out of this construction the government gave, with- in the boundaries of California, two million acres of land and six millions in bonds; the state gave $105,000 a year for twenty years; Sacramento gave $300,000 in stock and Placer took $250,000 in stock-all of this applying to the road only between Sacramento and the eastern boundary of the state.
Ground was broken in Sacramento in 1863 and the work was pushed with unexpected rapidity. The Union Pacific Company was also organized and work was begun at the eastern terminus on the Missouri. To these two roads the government, between the years 1865 and 1869, granted bonds to the amount of $55,090,692, bearing 6 per cent interest. Congress also gave them over 26,000,000 acres of land, as well as right of way 400 feet wide, and depot grounds throughout the route. Important concessions and subsidies were also granted by the states and cities through which the roads passed. Thus aided the work was pushed rapidly, and May 10, 1869, the last spike was driven when the two roads met near Ogden, and thus the Atlantic and the Pacific were at last united, and the long-talked of "transcontinental" rail- road was a fact.
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