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 33
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295
HISTORY OF SAN BERNARDINO COUNTY
It was replaced in 1872 by a neat frame school house. One of its first teach- ers was Ellison Robbins.
Ellison Robbins and his wife, now Mrs. E. P. R. Crafts, came to San Bernardino in January, 1858, and at once took charge of the school, Mr. Robbins teaching one room and his wife the other. The schools were known as the Washington and the Jefferson rooms.
According to the report of 1863, there were 1,072 census children. In 1867, there were twelve school districts in the county with a total of 1.330 census children. The value of school property in City District is put at $2,000.00. Of the twelve school houses in the county, five were of adobe.
The first schools were necessarily crude. Trained teachers were rare and school houses and appliances, as we have seen were of the primitive order. Yet the state of California had from the first provided most gener- ously for her public schools. Beside the school fund raised by the county, the state made an appropriation for each school district. Under the law of 1860 which revised the school law, provision was made for a library fund of $50.00 for each district ; state examination of teachers was also required and some attempt at uniformity of methods and text books was made.
The first trained teacher in this county seems to have been Ellison Robbins, who, when he became superintendent used every effort to raise the standard of teachers and to make the schools more efficient. In 1862, he called the first educational convention ever held in the county, which lasted for two or three days and carried out a good program. His untimely death in the spring of 1864 was a loss to the schools of the county.
In many of the districts at this time the ma- jority of the pupils were Mexican and only the Spanish language was used among the people. Other districts were very large, covering leagues of land, the children were scattered and necessarily the attendance was small and irregular. We can only wonder that the schools were as good as they seem to have been at this period.
In 1867, Henry C. Brooke came to the coun- H. C. BROOKE ty and began teaching at Rincon, then one of the largest and most important districts in the county. In 1870, he was chosen as County Superintendent. To Mr. Brooke the schools of the county owe much. He began teaching in the state in 1857. He was a member of the first Board of Examination of teachers, which met under the revision of the school law in 1860, and aided in establishing the school law of the state.
296
HISTORY OF SAN BERNARDINO COUNTY
Prior to his service as County Superintendent he was chosen principal of the San Bernardino city schools in 1869, and acted until 1872. He was again principal of the city schools in 1881-82. He was elected as County Superin- tendent in 1870 and served as a substitute for nearly two years after his term expired. In 1883, he was again elected and held office until 1891, thus acting as County Superintendent more than ten years, and as principal of the city schools for several years. He was a member of the County Board almost continuously from its organization in 1880, under the new Constitution, until 1893, and was frequently a member of the Board of Examination under the old State Board prior to 1880.
Through his long connection with the schools of the county he knew their needs and the conditions that must be met in each district as no other Superintendent could know them. He was the moving spirit in the erection of the school house in this city in 1872 and it was largely due to his efforts that the Central school house was built in 1883-a building that was then looked upon as quite remarkable for the time and the place. He per- fected a practical plan for the issuance of bonds by the school districts, and a majority of the better class of school houses in the county were built largely through Mr. Brooke's personal influence and enthusiasm. In the year 1887. $110,846.25 was expended for new buildings, and school houses were put up -- or under way of construction-in Ontario, Etiwanda. Agua Mansa, Chino, Riverside, Lytle, Redlands, Prospect, Jurupa, Crafton and Fairview districts. and these buildings were all well planned and a credit to the county.
Mr. Brooke worked constantly and disinterestedly for the improvement of the school system of the county. He was an educator of practical good sense, rather than of theory, and the county of San Bernardino owes a debt of gratitude to him for many years of painstaking work that is only increased by the sad ending of his career.
In 1885. the state text book law, under which the state began to print its own text books, went into effect. The object was to provide the children with uniform books at a minimum cost and also to do away with the evil effects of the various school book lobbies. The state provides $500 for each district having from twenty to seventy census children, beside the county funds. For many years each district, regardless of size, had a fund of $50.00 from the state that could only be expended for library and apparatus. In consequence the older districts are supplied with large, and in many cases, well selected libraries, and with all necessary-and sometimes, it must be confessed, with much unnecessary apparatus. Text books are provided for children who need them, and school supplies of all kinds are abundantly provided.
PRESENT CONDITION.
The standard of our public schools has been steadily raised. The country schools are now carefully graded and their graduates are accredited in the
297
HISTORY OF SAN BERNARDINO COUNTY
City, or Union High Schools. The requirements for teachers have also been steadily advanced, until soon all teachers except Normal School or University graduates will be eliminated. The High School law which went into effect in 1891, has been an important factor in the completion of the school system. The City, or Union High School stands between the bare-foot boy of the country school and the college graduate. Two city High Schools existed in the county prior to 1890, those of Riverside and San Bernardino, In 1891, the Union High School of Redlands, Lugonia and Crafton was organized. In 1895, the High School of Colton was established. For this school a beauti- ful and costly building has just been completed. In 1897, the Richard Gird High School of Chino was opened and has already taken high rank. Ontario High School was established in '97 and Needles High School in 1902.
A glance at the reports for the years set forth will show the progress that our schools have made in a material way since 1871.
1871
1881
. 1891
ICO3
Census children
1,633
2,376
7,191
8,313
Average Daily Attendance
756
1,023
3.673
6,990
Number School Districts
19
36
71
52
Number of School Houses
19
42
124
86
Number of Teachers
19
42
132 165
Valne School Property
$11.404
$44.085
$510,695 $419,116
Riverside county took from San Bernardino, more than 3000 census children and $200,000 worth of school property in 1893.
LIST OF COUNTY SCHOOL SUPERINTENDENTS.
1853 V. J. Herring
1868-69
W. J. Clark
ī870-71. V. J. Herring H. C. Brooke 1854
1872-73 John Brown, Jr. 1855. .C. A. Skinner
1856. C. A. Skinner
1874-75 H. Goodcell, Jr. 1857
R. B. Pierce
1876-77 .C. R. Paine
1858 J. A. Freeman
1859
Ellison Robbins
A. F. Mckinney 1860.
1861:
A. F. Mckinney
1862.
Ellison Robbins
1891-95 G. W. Beattie
1863. A. F. Mckinney 1864 Ellison Robbins-
1878-81 J. A. Rosseau 1881-82 D. B. Sturges 1883-87 H. C. Brooke 1887-91 H. C. Brooke
1895-99. Margaret M. Mogeav 1899 to Sept .. 1901. . Lulu Claire Bahr 1865 1901, Sept. A. S. McPherron 1866-67 W. L. Ragsdale
HORACE C. ROLFE
299
HISTORY OF SAN BERNARDINO COUNTY
CHAPTER XII.
THE BENCH AND BAR OF SAN BERNARDINO COUNTY.
By H. C. Rolfe.
Among the early Mexican settlers of what is now the Imperial count: of San Bernardino, there was little request for lawyers. The "rancheros" exercised almost absolute control over their retainers, mayor-domos, vaqueros and Indian servants, and any disputes among these subordinates was referred to "el padrone." Aside from the great stock ranchos the only inhabitants of the county during this period were the few hundred New Mexican settlers along the Santa Ana in the villages of Agua Mansa and Trujillos. These had their "alcaldes" whose business it was to settle such disputes of a civil nature as could not be disposed of by the parish priest, and to decree punish- ment, in a summary way, for all minor offenses. We have no account of the commission of graver offenses in those early days beyond the jurisdiction of the "alcaldes." In civil disputes the parties came before the officer who first collected "dos reales" (twenty-five cents) which was supposed to pay for the expense of stationery, and when necessary for the' "escribano," or clerk. The alcalde would then hear the statements and proof. If necessary, he would make personal inspection of premises or boundary lines, or of an animal on a question of its identity. Sometimes no doubt, he exercised his power in cases not strictly belonging to the jurisdiction of the inferior courts. But his decisions were final ; for the people were ignorant of any process of appeal to a higher tribunal, if any such existed.
There was little resort among the Mormon colonists to the civil courts ; for they usually took their differences into the local church council for settle- ment. After the creation of San Bernardino county in 1853. the regular terms of district and county courts were held, whether there was business for them to transact or not.
300
HISTORY OF SAN BERNARDINO COUNTY
COUNTY JUDGES.
The first county judge of San Bernardino county was Daniel M. Thomas, who was elected with the first officers of the county at a special election held under the act creating the county in June, 1853. At the regular election in the following fall he was re-elected for the full term -four years. Judge Thomas was a man of fair education. but without any training as a lawyer. In 1857. he resigned to return to Salt Lake with his people and A. D. Boren was appointed to fill the vacancy, and later elected for the full term. He also, while a man of some education had no special legal preparation. He was en- gaged in farming when elected.
Through some mistake in the elec- tion proclamation for 1861, no mention was made of the county judge. M. H. Crafts was brought forward by his friends and received a considerable vote but he did not follow up the election with a contest and Judge Boren contin- ued in office until he was regularly re- A D. BOREN elected in 1862. He was again elected in 1866. He retired from office in Jan- uary, 1871, having held the judgeship fourteen years. He was succeeded by Henry M. Willis, who held the office for eight years, or until the new state constitution abolished the office of county judge.
For many years the county judge with two associates chosen from among the justices of peace of the county, constituted the court of sessions. The jurisdiction of this court was to try all criminal cases amounting to felony, except when the charge was a capital offense punishable by death. It also called and impanelled grand juries to inquire into and make presentment of all public offenses committed or tryable in the county, of which they might have legal evidence, with other duties similar to those of grand juries called by our present superior courts. The county judge alone held a county court with jurisdiction in all civil cases on appeal from justices of the peace and some other original jurisdiction. He also had jurisdiction in all probate matters. Subsequently the court of sessions was abolished by a change in the constitution and the original jurisdiction given to the county court. The act creating this county, either by oversight, or for some other reason, did not
301
HISTORY OF SAN BERNARDINO COUNTY
fix any salary for the county judge. The salaries of the county judges were paid by their respective counties-those of all other judges by the state. Until the salary for the county judge of this county was fixed by the legisla- ture in 1859, the board of supervisors allowed a salary of $500 a year, a small amount for a judge; but considering the small amount of business in this sparsely settled county and the small amount of legal knowledge possessed by the incumbents, it was probably a fair compensation. The legislature fixed the salary at $1000; but at that time the treasury of the county was much depleted-about this time, 1859, county warrants were worth but thirty or forty per cent of their face value. By 1862, the county had sufficiently recovered its credit so that warrants were very nearly at par. The first judge, Thomas, was also postmaster as was also Judge Boren, as their salary of $500, did not come within the "lucrative positions" which forbid the hold- ing of more than one office.
When San Bernardino county was first created it was attached to the first judicial district, previously composed of Los Angeles and San Diego counties. Each county had its regular term of district court held about three times a year by the district judge. This court had general jurisdiction of all civil actions above the county courts and justices of the peace. It also had jurisdiction to try all capital offenses. At the time of the creation of the county Benjamin Hayes of Los Angeles was district judge, succeeding O. S. Witherby of San Diego, who had been appointed by the legislature on the formation of the district.
By an amendment which went into effect in 1863, the state was redis- tricted and Santa Barbara and San Luis Obispo counties were added to the first district. A new election for judges was called and Pablo de la Guerra of Santa Barbara was elected for the full term of six years. But in March, 1868, on account of the growth in population and business of the southern counties, a new district was created, the seventeenth, composed of Los Angeles, San Bernardino and San Diego, and Murrey Morrison of Los Angeles, was appointed by the governor, judge of the new district. He was elected to the office at the next regular election, but in 1871 he died, and R. M. Widney was appointed to com- plete his term. In February, 1872, another judicial district was created, the eighteenth, made up of San Bernardino and San Diego W. T. MCNEALY counties and the governor appointed H. C. Rolfe, of San Bernardino, judge thereof. In 1873, W. T. McNealy of San
302
HISTORY OF SAN BERNARDINO COUNTY
Diego was elected and held the office until 1880, when the new constitution went into effect, by which district courts were abolished.
THE BAR OF SAN BERNARDINO.
The first person who made any pretense of establishing in this county the business of a lawyer, was Alden A. M. Jackson, who came here from San Francisco in 1854. By courtesy he was called "Colonel" Jackson, but like the campaign names given to some of Col. Roosevelt's rough riders, the title must have been given to him under the rule of contrariness-for he had never had the slightest military experience nor was he in any way combative. He had previously had some experience as a court clerk and probably had been a notary public. In opening his career as a lawyer in San Bernardino, he posted up notices, written-as there was no printing press here then-to the effect that he would draw up and prepare in proper and legal form, deeds, mortgages, notes or any kind of agreements or other legal documents, or attend to any kind of legal business for a reasonable consideration. His law library consisted of a book of forms and business directions called "The New Clerk's Assistant." By its aid and some tact in the use of antiquated legal phrases he made quite a reputation among the citizens of San Bernardino for legal ability. He was quite an adept in effecting compromises and settling differences out of court. He did a lively business for a time in divorcing people who came to him with their domestic troubles. He would write for them an agreement of separation in the usual form and endorse on it, "Articles of Separation and Bill of Divorce," and have the parties sign and acknowi- edge it with much formality, under the belief that they were regularly divorced with all the due and binding force of law. Several parties whom he had thus "divorced," married again. And some of them found themselves in trouble when the legality of the new marriages was questioned. For many years he carried on his law business without going much into court. On one occasion he appeared for a young fellow by the name of Tom Morgan, to defend him on a charge of assault and battery in the justice's court. After the defense was in, the Colonel weakened on the case and began to address the jury by admitting, tacitly at least, that his client had violated the law, but urging that he was an industrious young man and had had some provoca- tion and on account of the hard times ought to be let off easy. When Tom himself caught onto the drift of his remarks, he interrupted and proceeded to make a speech to the jury himself, claiming that he had acted in self- defense. The jury took the same view of the case and acquitted him.
Q. S. Sparks, who was one of the Brannan party which arrived in San Francisco in 1847, came to San Bernardino in 1853. He brought with him several thousand dollars but he met with financial troubles and was soon "broke." Of gentle manners and a ready flow of language, he gained quite
303
HISTORY OF SAN BERNARDINO COUNTY
a reputation for oratory and occasionally appeared in court for clients, al- though not then admitted to the bar as an attorney. At the time of the exo- dus of the Mormons and the filling of their places by other population, Sparks had a very good standing as a practi- tioner, especially in the defense of criminal cases. About 1858 he was admitted to the bar of the district court. He had only a very ordi- nary common school education and no learning as a lawyer, nor was he naturally studious ; yet with his tact and his natural gift of oratory, he for several years stood among the leaders in the bar of the county. He was also in high repute as a speaker on public occasions and acquitted himself in such addresses with much ability.
As illustrative of his traits, an anecdote of one of the last cases in which he appeared in this county is told. His client was charged with grand larceny in stealing a horse. His Q. S. SPARKS associate counsel in the case tried to have a con- sultation with him in order to agree upon a line of defense and prepare some instructions for the jury. But Spark's could not be got down to such business. His associate finally asked him what he expected to rely upon, to which he answered: "I rely on God Almighty, Q. S. Sparks and the jury." He prob- ably knew that the law and the facts were against his client, but by his tact and his address, he so worked upon the jury as to secure an acquittal, notwith- standing that the accused was seen stealing the horse from the pasture at night and was caught riding the horse next day. During his later years Mr. Sparks lived in Los Angeles, but he returned to San Bernardino where he died in August, 1891, aged seventy-five.
Samuel R. Campbell, another Texas attorney, came here from Los An- geles and located in 1857. He had been a lawyer of considerable promi- nence in Texas, a member of the state senate and had taken an active part in public affairs there. Immediately upon his settling in San Bernardino he was appointed district attorney by the board of supervisors to fill an unex- pired term. He was well educated and of great natural ability and had he been able to control his taste for strong drink he would doubtless have had a successful career here. In the winter of 1862-3 he started from San Bar- nardino horseback to go to the western part of the county. It was one of the stormy days of that winter of rain and flood and he was never seen alive again. His horse returned riderless and a few days later his body was found on the plains beyond Slover mountain.
304
HISTORY OF SAN BERNARDINO COUNTY
Bethel Coopwood came to San Bernardino in 1857. He was one of the syndicate that purchased the balance of the San Bernardino ranch unsold from Lyman and Rich. Mr. Coopwood was then a young man of about thirty, with a fair educa- tion, some legal learning and much energy. He had practiced law in Los Angeles previously and he continued to practice here in addition to his land business. Mr. Coopwood stood well up in the profession and having a thorough knowledge of the Spanish language gained many clients among the Mexican population, which was then large and many of whom were, at that time, well off. He married Miss Wood- ward, a sister of De la M. Woodward. In 1861 he closed up his business here having probably lost in land speculation as much as he made from his profession and returned to Texas, his BETHEL COOPWOOD native state, where he still resides.
William Pickett came to San Bernardino in 1858, from San Francisco, where he had been one of the earliest arrivals from the east. He was of more than average ability and although brought up to the trade of a printer, was a good lawyer. He brought with him to this city a very good law library-the first law library of any consequence in San Bernardino. At one time he had his office in a little one-room shack on Third street-suitable office rooms were not plenty in the town at that time-and he gave permission to a newly elected justice of the peace' to hold his court and transact his business in the same office until he could procure one of his own. Not long afterward Pickett was attorney in a suit before this justice and the latter made several rulings against him in the admission and rejection of testimony. This was more than Pickett could stand in his own office, especially as the case was going against him on its merits. In his wrath he ordered the court out of his office-a ruling to which the court meekly submitted. Picking up his docket and his hat, the magis- trate directed the jury to re-convene at another place. But there was not much re-convening. Some of them went to the place indicated by the court, some tarried by the wayside, some went the other way, and that was the last of the case in court. Pickett was inclined to be somewhat aggressive in a court which did not know how, or did not have spunk enough to keep him within bounds. But before a competent court with courage to maintain its dignity he knew how and always did keep within the bounds of decorum. He remained here about four years then removed to Los Angeles and later to San Francisco.
Albert H. Clark also came here about 1858. He was a man of fair ability and did well as a lawyer during the short time that he remained. He was
305
HISTORY OF SAN BERNARDINO COUNTY
elected district attorney for the county in 1859, but left the country in 1860.
Henry M. Willis was a graduate of the State University of North Caro- lina. He came to San Francisco with his parents in 1849 and there studied law and entered into practice. For a time he was prosecuting attorney in the police court of that city. In 1856 he came to this vicinity with his mother, then a widow, who had some valu- able real estate interests in the eastern end of the valley. Mr. Willis, with his younger brother, at first engaged in farming, but occas- ionally appeared in court for clients. He owned a good law library and after a few years opened an office in the county seat and began active practice. In 1861, he married Miss Amelia Benson, daughter of Jerome Benson, of this county, and they were blessed with several children. One of his sons, Henry, studied law with his father. Judge Willis, as he afterwards HENRY M. WILLIS became, was a forcible speaker and was always considered a lawyer of more than ordinary ability. For a short time in 1861, he was district attorney of the county. In 1871 he was elected county judge for the term of four years, and again in 1875 for a second term. In 1879 he returned to the bar and carried on an active practice until the legislature of 1885-6 created a second superior judge in this county, and Governor Bartlett named him to occupy the place. His term expired in January. 1889. On retiring from the bench of the superior court he again resumed practice for a time, but in a year or so his health failed and he retired from business. He died at Oceanside, where he had gone for his health, in the autumn of 1895.
H. C. Rolfe is the writer of this article. I came to California when quite young and have lived most of the time at San Bernardino. From 1850 to 1857, while still young. I spent the time in various parts of the state ; did some Indian campaigning in Southern California and worked several years at min- ing in Nevada county, gaining nothing but experience. In 1858 I commenced the study of law with William Pickett, then recently established at San Ber- nardino with a good law library as before stated. With but a common school education, I devoted my time to hard study, was admitted to the bar, and in 1861 was elected district attorney of the county for a term of two years and re-elected in 1863 for another term. At that time this was on the remote fron- tier of what were called the "cow counties," a name used to designate the sparsely populated southern part of the state. . There had drifted into this county many lawless and some desperate characters, with little or no regard for the good of things or property rights. The war of the rebellion afforded a pretext for many who pretended to be in open sympathy to the cause of
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