Pen pictures from the garden of the world, or Santa Clara county, California, Part 26

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844

USA > California > Santa Clara County > Pen pictures from the garden of the world, or Santa Clara county, California > Part 26

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).

CITY GOVERNMENT.

CITY OF SAN JOSE.

TT was two years after the close of the war with I Mexico and the cession of Alta California, before the city of San Jose had a government under the American system. Up to that time the Alcalde had been the chief executive officer, and the Ayuntamiento, or Town Council, had been the legislative body for the pueblo. This was the Spanish method, and had been continued by the Americans, who retained the system, but selected their own countrymen for Alcalde and members of the Ayuntamiento.

An act to incorporate the city of San Jose was passed by the Legislature March 27, 1850, by which it was directed that the city government should con- sist of a mayor and seven councilmen, who were designated a "body politic and corporate," under the name of "The Mayor and Common Council of the City of San Jose." This name is still retained, notwithstanding all the changes that have been made in the charter since that time. By this act the city limits were fixed as follows: " Beginning on the east bank of the Coyote River, two miles south of the center of Washington Square, in the pueblo of San Jose, and running due west to the west bank of the San Jose River (Guadaloupe); thence following down the bank of said river to a point four miles distant in a straight line; thence due east to the east bank of the Coyote River; thence up the bank of said river to the place of beginning." The act also provided that an election for city officers should be held on the second Monday of April, and in each year thereafter. The election resulted in the choice of Josiah Belden as mayor, and F. B. Clement, Benj. Cory, James D. Curl, John H. Garrison, Peter Shereback, Julian Hanks, and William Foster, as councilmen.

The first building used as a City Hall was the old juzgado, but in 1850 this building was torn down and the seat of city government was located in an adobe

building on what is now Lightston Alley, where it remained until the City Hall on Market Street was completed, in 1855.

The first city tax was levied July 11, 1850, and was one per cent on the assessed value of all property.

The first council voted themselves pay at the rate of sixteen dollars per day, against the protest of Benj. Cory. This pay ordinance was repealed in December of the same year, Dr. Cory presenting the motion for repeal, in which he was sustained by the almost unan- imous sentiment of the people, and a bare majority of the common council.

The first order looking to the improvement of streets was on December 2, 1850, which provided for sidewalks on First Street, from the north end of the City Hotel to San Fernando Street; on Santa Clara Street, from First to Market; on Market, from Santa Clara to San Fernando; on the south side of San Fernando, from Market to First; on San Jose Street, from south end of the legislative hall to San Fernando Street. These sidewalks were to be of "the best inch- and-quarter pine, red or fir wood, with well-made gravel crossings, and of five feet in width;" one-half the expense to be borne by the property owners.

The income of the city for the first year of its in- corporation was $37,359.30, and its expenditures amounted to $37,106.04. The expenses included a debt of $7,500 handed down to it from the Ayunta- miento of the previous year.

There was considerable difficulty in straightening out the complications arising from the purchase of the property known as the State House, as related in a previous chapter. The city, having purchased it from the trustees, Aram, Belden, and Reed, had it on hands when the capital was removed from San Jose. Soon after that event, the city sold it to the county for the location of county buildings. The trustees, not hav- ing been paid, asserted a claim, and there were also filed on the building mechanics' liens to a large

(147)

148

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

amount. The title was sought to be clouded in all directions, and was so tangled up that it was not until 1853 that the sale to the county was fully completed. There seemed to have been an understanding that the money received from the county should be paid to the trustees, Messrs. Aram, Belden, and Reed, but this was not done; hence the litigation related in our chapter on land titles.

The city was divided into four wards in April, 1853, and a fire warden appointed for each ward. An ap- propriation of $2,000 for fire apparatus was also made.

In 1855 the office of captain of police was created, and delegates to the Fire Department were also pro- vided for.

April 16, 1855, the mayor and common council held its first session in the new City Hall, on Market Street.

In the earlier years of the city's existence it was compelled to struggle with a large debt, which, be- ginning with the burden imposed by the preparations for the first Legislature (a legacy from the old Ayun- tamiento), increased from year to year. The high prices of materials and labor rendered any kind of public improvements a costly undertaking, while the small amount of taxable property gave an income much too small for the necessities of the young mu- nicipality. Warrants on the city treasury were not paid, for want of funds, and as each year's tax was col- lected disputes arose as to whether it should be ap- plied to the whole floating debt pro rata, or each warrant paid in full in order of its issuance. How- ever this question might be decided, it was sure to give dissatisfaction to a large number of citizens. Added to this was the more serious trouble of provid- ing for the absolute wants of the city. People would neither furnish materials nor perform labor for city warrants without adding to the current prices a sum sufficient to cover interest for an indefinite time. As the usual rate of interest in those days was three per cent per month, the debt increased with race-horse speed, while the income came in halting at a snail's pace. Finally, in 1856, the Legislature passed an act authorizing the city to fund its floating debt by the issuance of bonds to the amount of $40,000, to bear interest at the rate of twelve per cent per annum. To perform this work the mayor, president of the council, and city treasurer were constituted a "Board of Commissioners of the Funded Debt of the City of San Jose." The existence of this Board was limited to the following July. They issued a portion of the

bonds provided for, which gave a temporary relief ; but in 1858 the city was again in financial straits, and the Legislature again came to its aid. By an act passed in that year it revived the Board of Fund Commis- sioners, appointing on the Board Wm. Daniels, Thos. Fallon, and James C. Cobb, vacancies to be filled by appointment by the city trustees. The new Board was authorized to issue bonds enough to cover the full amount of $40,000 provided by the former act, and, to assist in the payment of these bonds, the city trustees were authorized to convey to these commis- sioners all the city's right and title to the pueblo lands and other property. The bonds were to be paid by 1866. It was under this act that the proceedings were had which are related in our chapter on land titles, and which resulted in the confirmation to the city of the large body of pueblo lands, and which enabled the commissioners to extinguish the entire indebtedness of the city. This latter event was accomplished in 1865. This financial experience of the city was the cause of incorporating in one of the early charters a provision to the effect that the common council should create no debt upon the credit of the city. For more than twenty-two years this proposition was adhered to, and San Jose was the only city of its class in the Union that had no debt of any kind whatever.

A public meeting of citizens was held January 24, 1857, to take measures towards reconstructing the city charter. It was declared the opinion of the meet- ing that the old charter should be abolished. A com- mittee was appointed to draft a new charter. At a subsequent meeting Wm. Matthews presented amend- ments to the old charter, which were adopted. An act embodying these amendments was passed by the Legislature, but vetoed by the Governor; but, March 27, another act was passed, which the Governor signed, and the new charter was accomplished. Un- der the new system, the government of the city was vested in five trustees, a treasurer, a clerk and asses- sors, and a collector.

An ordinance authorizing Geo. Wheeler and John Ashley to lay gas-pipes in the streets was passed January II, 1858. Nothing ever came of this enter- prise.

In July, 1860, James Hagan secured a franchise from the city for this purpose. On the twenty-first day of January, 1861, the first lights were given. This is the origin of the present San Jose Gas Company. There were then only eighty-four consumers and seven street lights. The consumption of gas for the first year was one hundred and sixty-five thousand

149

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

cubic feet, which consumed three thousand six hun- dred and fifty tons of coal in its manufacture.

Oak Hill Cemetery has been the burying-ground for the city since its incorporation, as it had been for the pueblo for some years prior to that time. In 1858 an ordinance was passed fixing rates at which the burial lots should be sold, and prescribing rules for the government of the cemetery. Adjacent property has been acquired from time to time.

Jasper D. Gunn, who had for five years been city marshal, absconded, having embezzled $2,700 of the city's money. Gunn was tried and acquitted of the criminal charge, but his bondsmen were sued by the city and judgment obtained against them.

In Burton's apportionment of pueblo lands, certain lots had been reserved for school purposes. These lots had been assessed for taxation, and had been sold, for non-payment of taxes, to private persons. In 1863 the common council concluded that all these sales were illegal, and sought to recover the lots. To this end it employed W. T. Wallace to bring suits in ejectment against those in possession, the fee to be $8,000. Immediately after this contract was made, the regular city election came on, and a new council was elected. The mayor in his message said: "The tenure by which these lots and land are held is known to you all. It is known that the city did adopt pre- liminary measures to set apart this land for school purposes; but it is further 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 that 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 have sold, and by deed vested individuals 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 municipality like ours, the individual rights to this land and these lots thus derived, vested, and secured, ought to be held forever undoubted and inviolate." The council was of the same opinion, and canceled the contract with Wallace. He brought suit against the city to recover his fee. He secured a judgment in the Third District Court, but the city appealed to the Supreme Court, which reversed this judgment, and the plaintiff recovered nothing.

Donald McKenzie was granted permission, in May, 1864, to lay water-pipes in the streets of the city.

This was the beginning of the San Jose Water Com- pany.

In 1866 Washington and St. James' Squares were fenced, and Market Plaza graded. The latter square was afterward finely improved, but the location of Chinatown, on San Jose Street, prevented its being a popular resort.

In 1879 an act was passed by the Legislature authorizing the city to open Market Street through the plaza, and close San Jose and Guadaloupe Streets, and sell the vacant lands adjoining Market Street as opened. There was so much opposition to this that the street commis ioner saw fit to accomplish his work in the dark. The people awoke one morn- ing to find the trees and shrubbery in the line of the street cut down and destroyed. The square remained in a dilapidated condition for several years. Finally the street was improved, but none of the adjoining lots were sold. It was selected, after the burning of Chinatown, in 1887, as the site for the new City Hall. The heirs of Antonio Maria Pico have, from time to time, claimed this property on the ground that it was granted to the pueblo by their ancestor to be used as a plaza, and was forfeited when that use ceased. The claim of the Pico heirs has never caused any uneasiness in regard to the title to the square.

Some spasmodic attempts were made toward the improvement of Washington Square, but, besides inclosing it with a wooden fence, in 1866, planting a few trees and making a circular drive in 1869, nothing of moment was accomplished. In 1871 it was granted to the State as a site for the Normal School, and has been under that jurisdiction ever since.

The improvement of St. James' Square was more vigorously pressed. In 1869, some of the trees hav- ing been planted two years previously, a systematic system was adopted. The grounds were laid out into walks, grass was planted, and a superintendent was employed. This system was modified and im- proved in the winter of 1887-88, when it was brought to its present beautiful condition.

In a work of this character it would be neither profitable nor interesting to record, in detail, all the work of the city government during its existence. The city records are sufficiently full and explicit to afford all necessary information in this regard. While it was considered a remarkably good thing to be able to say that the city owed no one a penny, the clause in the charter forbidding the council to create any debt often became a cause of embarrassment to the city government. The rapid growth of the city

150

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

created a demand for extraordinary expenses, which could not be made without a large increase in the rate of taxation. The channels of the streams needed to be improved, so as to prevent overflow. A system of sewerage was necessary, and there was a rapidly growing demand for increased school facilities. A tax sufficient to meet these requirements would have been a burden against which the people would have protested. An attempt was made in 1874 to break over the rule prescribed in the charter. A resolution was adopted by the council, directing the drafting of a bill to be presented to the Legislature, authorizing the city to issue bonds to the amount of $40,000, the proceeds to be used for the building of school-houses. The bonds were to run twenty years, and bear eight per cent interest. Nothing further was done in the matter, however, and it rested until 1880. At the city election held that year the matter of issuing bonds was submitted to the people, in connection with other propositions. These propositions and the result of the vote are as follows: To incur a debt to build the new City Hall-for, 842; against, 1,096. To open Second Street through St. James' Square- for, 192; against, 1,649. To establish a free public library-for, 1,232; against, 605.

This disposed of the question of a city debt for another six years. In 1886 a proposition was sub- mitted to the people at a special election, asking for the issuance of bonds for the following purposes :-

Public sewers.

$150,000

A new city hall.

100,000

Iron bridges

25,000

Improvement of squares.

7,500

Improvement of streets.

17,500

Total

$300,000

It required a two-thirds vote to carry any of these propositions, and they were all lost. Within twelve months, however, the people experienced a change of heart. The great tide of immigration that was flow- ng into the southern country had attracted the at- tention of the San Jose Board of Trade, which was making strenuous efforts to turn the stream in this direction. Another effort was made to bring up the improvements of the city. Public meetings were held, and the common council petitioned to call an election, asking the people to vote for or against the issuance of bonds for the following purposes :-

Completing the main sewer .

$150,000

Branch sewers. .

135,000

Building new city hall. 150,000

Cross walks and parks 50,000

Wooden bridges.

15,000

Total

$500,000

The vote was in the affirmative on all these propo- sitions. The bonds were issued payable in twenty years, and bearing interest at five per cent. The bonds were sold to Mr. A. Sutro, who paid one-eighth of one per cent premium.

Early in 1888 it was discovered that the election which authorized the issuance of these bonds was not held strictly in accordance with the statute. The irregularity claimed was that the notice was one day short of the time required by law. There was some difference of opinion as to whether or not this was a fatal error, but the purchaser of the bonds did not de- sire to leave the matter undecided, and asked that it be settled. There was a proposition to make up an agreed case, and submit it to the courts for adjudica- tion, and another proposition to call a new election, issue new bonds, and cancel the old ones. The latter method was considered to be somewhat hazardous. The people had three times rejected the proposal to create a debt against the city, and there was a chance t at a two-thirds vote might not be again obtained. A result of this kind would have been most disastrous, inasmuch as it would not only stop all the improve- ments that had been commenced, but would have been a breach of faith that would have destroyed the repu- tation of the municipality. This latter consideration, however, was not seriously entertained by many of the citizens, the majority holding to the opinion that al- though the people might be opposed to incurring a debt, they were not only willing but anxious to pay any obligation honestly incurred, and would not take refuge behind any legal technicality to avoid a just re- sponsibility. This opinion was fully confirmed. A new election was called, and the proposition to issue new bonds carried by a practically unanimous vote. The new bonds were issued, and the old ones burned in the presence of the mayor and common council and a large concourse of citizens.

During the last few years, preceding 1888, much in- convenience was experienced from the fact that the ex- isting charter was not broad enough for the city. San Jose had grown rapidly, and was developing necessi- ties that were not provided for in the old municipal constitution. The new constitution of the State, which prohibited local legislation, and the statutes enacted under it, prevented amendments after the old manner. Pursuant to the new order of things, at the regular city election held in April, 1888, a board of fifteen freeholders were elected, who were authorized to frame a new charter for the city. The following-named cit- izens constituted the Board: L. Archer, C. W. Brey-

151

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

fogle, J. H. Campbell, A. W. Crandall, G. E. Graves, A. Greeninger, V. Koch, L. Lion, B. D. Murphy, D. B. Moody, H. Messing, C. L. Metzger, John Reynolds, John W. Ryland, D. C. Vestal. These gentlemen prepared a charter and submitted it July 6, 1888. It will be voted on by the people at the next general election, or at such other time as the council may dictate.

The city limits have not been materially changed since the first incorporation. Following is their de- scription as they now exist: Beginning on the center line of Second Street, at a point one mile and a half southeasterly from its intersection with the center line of San Fernando Street; thence running in a straight line parallel with San Fernando Street to the center of the Coyote Creek; thence down follow- ing the center of said creek to its intersection with a line drawn through the center of Rosa Street; thence along said line through the center of Rosa Street in a straight course to a point forty rods southwesterly from the west bank of the river Guadaloupe; thence in a straight line to a point in the center line of San Fernando Street, produced forty rods southwesterly from the said west bank of the river Guadaloupe; thence in a straight line parallel with Second Street to a point that a line drawn from it to the place of beginning will be parallel with San Fernando Street; thence along said line to the place of beginning.

The division of the city into wards has never been changed since the order of the council in 1853, which created four fire wards, as follows: First Ward, north of Santa Clara Street and west of First Street; Sec- ond Ward, north of Santa Clara Street and east of First Street; Third Ward, South of Santa Clara Street and east of First Street; Fourth Ward, south of Santa Clara Street and west of First Street.

In 1884 the system of street numbering was changed to the present method, which is as follows: Santa Clara Street is the starting-point, being number one; thence north and south in regular order, in each di- rection, with one hundred numbers to each block. Each number is designated as being either north or south.

Following is a list of all the city officers from the first election in 1850 to the present time :-

1850.

Josiah Belden, mayor; Thos. B. Gadden, clerk. Councilmen-F. B. Clement, Benjamin Cory, James D. Curl, John H. Garrison, Peter Sherback, Julian Hanks, William Foster.

1851.

Thos. W. White, mayor; Joseph Simpson, clerk; F. Lightston, treasurer; John H. Watson, attorney; C. E. Allen, assessor; G. N. Whitman, city marshal. Councilmen-Joseph Aram, J. B. Devoe, Benjamin Cory, H. C. Melone, Josiah Belden, J. D. Hoppe, J. M. Murphy.

1852.

Thos. W. White, mayor; E. P. Reed, clerk; A. J. Yates, treasurer; F. S. Mckinney, attorney; J. M. Williams, assessor; Geo. Hale, marshal. Council- men-Joseph Aram, J. B. Devoe, Benj. Cory, H. C. Melone, Josiah Belden, J. D. Hoppe, J. M. Murphy.

1853.

Thos. W. White, mayor; E. P. Reed, clerk; Thos. Vermeule, treasurer; F. S. Mckinney, attorney; E. P. Reed, assessor; Geo. Hale, marshal. Councilmen- J. C. Emerson, P. O. Minor, Benj. Cory, J. H. Watson, Levi Goodrich, M. W. Packard, J. M. Williams.

1854.

· Thos. W. White, mayor; E. P. Reed, clerk and as- sessor; Thos. Vermeule, treasurer; A. C. Campbell, attorney; Geo. Hale, marshal. Councilmen-Jos. Aram, W. M. Stafford, F. Lightston, J. M. Murphy, Chas. Moody, J. McGill, S. O. Houghton

1855.

S. O. Houghton, mayor; E. P. Reed, clerk and assessor; J. H. Moore, treasurer; T. E. Soublette, marshal. Councilmen-Wm. Daniels, A. S. Beaty, S. M. Cutler, J. M. Murphy, P. O. Minor, C. Martin, R. G. Moody.

1856.

Lawrence Archer, mayor; E. P. Reed, clerk and assessor; J. H. Moore, treasurer; F. S. Mckinney, at- torney; T. E. Soublette, marshal; Eli Corwin, super- intendent of schools. Councilmen-Thos. Fallon, C. W. Pomeroy, S. M. Cutler, John B. Price, Levi Goodrich, J. M. Murphy, Givens George.

1857.

In this year the city government was organized as a Board of Trustees, the president of the Board being ex-officio mayor.

R. G. Moody, mayor; Chapman Yates, clerk and assessor; T. H. Moore, treasurer; T. E. Soublette, marshal; Eli Corwin, superintendent of schools. Trus- tees-Thomas Fallon, Wm. Daniels, T. C. Cobb, Marcus Williams.

1858.

P. O. Minor, mayor; Chapman Yates, clerk; J. H. Moore, treasurer; Wm. R. Davis, assessor; T. E.

152

PEN PICTURES FROM THE "GARDEN OF THE WORLD."

Soublette, marshal; Eli Corwin, superintendent of schools. Trustees-C. W. Pomeroy, A. Pfister, T. P. Martin, N. B. Edwards.

1859.

City government organized again as mayor and common council. Thos. Fallon, mayor; Wm. R. Davis, clerk and assessor; Frank Grant, treasurer; J. D. Gunn, city marshal; Eli Corwin, superintendent of schools. Councilmen-C. W. Pomeroy, A. Pfister, J. M. Williams, James Morrison, R. G. Moody.

1860.

R. B. Buckner, mayor; J. V. Tisdall, clerk; L. P. Peck, treasurer, W. R. Davis, assessor; J. D. Gunn, marshal; Robert Thomson, superintendent of schools. Councilmen-J. R. Lowe, J. R. Wilson, Arthur Shearer, Adam Holloway, S. D. Gavitt.

1861.

J. W. Johnson, mayor; J. R. Lowe, Jr., clerk; L. P. Peck, treasurer; A. M. Younger, assessor; J. D. Gunn, marshal; R. P. Thomson, superintendent of schools. Councilmen-J. R. Lowe, W. W. McCoy, C. T. Ryland, Adam Holloway, J. M. Williams.

1862.

J. W. Johnson, mayor; J. R. Lowe, clerk; L. P. Peck, treasurer; A. Campbell, treasurer; S. W. Smith, assessor; W. S. Patterson, marshal; C. T. Healy, en- gineer; L. Hamilton, superintendent of schools. Councilmen-E. J. Wilcox, W. O'Donnell, C. D. Cheney, Adam Holloway, Thomas Bodley.

1863.

J. A. Quinby, mayor; J. T. Calahan, clerk and assessor; D. B. Moody, treasurer; F. E. Spencer, attorney ; J. C. Potter, marshal; L. Hamilton, superin- tendent of schools. Councilmen-C. W. Pomeroy, Jesse Hobson, John Bonner, C. Yates, D. J. Porter, L. Magenheimer.

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.

Pen pictures from the garden of the world, or Santa Clara county, California, Part 26

Author: Foote, Horace S., ed Publication date: 1888 Publisher: Chicago : The Lewis Pub. Co. Number of Pages: 844

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844