USA > California > San Francisco County > San Francisco > San Francisco, a history of the Pacific coast metropolis, Volume II > Part 10
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It was stated at the time that Kearney displayed rank cowardice, and he was taunted by some of his followers who accused him of showing the white feather. A week after his release Kearney led a procession of sand lotters through the streets, the marching men carrying banners demanding work. A big meeting fol- lowed which was noted for the tameness of its addresses and an absence of refer- Vol. II-5
Kearney's Nob Hill Meeting
Kearney Shows the White Feather
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ence to the railroad managers or to the Yung fence. As the meeting was held on November 29th, the day fixed for the tearing down of the Crocker fence, the failure to mention the subject was variously commented on, some attributing it to cowardice, and others to an amicable arrangement with the managers of the Central Pacific, by which they were to be spared further annoyance.
Nothing more forcibly illustrates the state of unrest pervading the community than the events following Thanksgiving Day. Employment conditions continued to grow worse. Men streamed into the City from the country, and the army of the idle was also increased by the necessity imposed upon merchants and others of reducing their forces. The distress was appalling, and the charitable associations were absolutely unable to cope with the situation. On January 3, 1878, Kearney returned to the City from a stumping tour in the interior, where he was coldly received by the farmers, and led a band of men to the city hall, where as their spokesman he demanded that the mayor give them work or bread, or a place in the county jail. The mayor upon whom the demand was made told the crowd, which had in the course of its march increased to about 1,500, that he had no au- thority to comply with their demand that work be provided as there was no money to pay for their services. The crowd then adjourned to the sand lot where inflam- matory speeches were made which moved the grand jury to action, and on the 5th of January indictments were presented against several of the speakers. On the 22d of January, Kearney and Wellock were tried, but the result was the same as in the former cases, the law being held inadequate.
It is not at all likely that the decisions would have been any different had the "recall" been in operation at the time, but the legislature being in session it listened to the appeal of a frightened community and hastily passed an act which was approved by the governor on the 19th of January, three days before the abortive trial of Kearney and Wellock. It was an amendment to the penal code pro- viding that if any one in the presence or hearing of twenty-five or more persons should utter any language with intent either to incite a riot at the present or in the future, or any acts of criminal violence against persons or property, or who shall suggest or advise or encourage any acts of criminal violence against any person or persons or property, or shall advise or encourage forcible resistance to the laws of the State of California shall be deemed guilty of a felony, and be punished by imprisonment not exceeding two years, or fine not exceeding $5,000 or by both. An act was also passed increasing the police force, and $5,000 was appropriated to pay the expenses of the National Gnard during the recent troubles, and $20,000 addi- tional was placed at the disposal of the governor.
This absurd act, which was promptly christened the "Gag Law," did not long disgrace the statute books, but it was there a sufficient length of time to dispose of the absurd charge that the legislature of 1877-78 was under the domination of Kearney and his followers. The general attitude of the legislators of this session was fully as distasteful to the corporations and vested interests as the menacing talk of the sand lotters, but there was no bond of sympathy between the demo- cratic majority in the legislature and the agitators. To the contrary they dreaded the advent of a workingman's party far more perhaps than the corporations whose managers had learned by experience that it is not difficult to manipulate practical politicians, while the democratic leaders feared that the activity of the sand lot leaders would result disastrously to their organization.
Work or Bread Demanded
A
Gag Law
Passed
Gag Law Promptly Repealed
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An incident occurred a short time after the trial of Kearney and Wellock which clearly establishes that the troubles during the winter of 1877-78 were wholly owing to lack of decision on the part of the authorities, and the inefficiency of the police, due to the meagerness of the force which had not been increased in nearly twelve years, although the population had almost doubled during the inter- val. On the 3d of April, 1876, the legislature had passed an act creating a new criminal court in San Francisco, a section of which created a police commission consisting of the mayor, police judge, chief of police, judge of the city criminal court and a county judge, who were to serve without compensation. But this im- posing array of commissioners was not provided with an increased force. No change was made in the number of police which remained the same as in 1856 when the Consolidation Act fixed it at 150.
On March 16, 1878, a large meeting was held in Platt's hall for the purpose of voicing opposition to a proposal to condemn the Spring Valley Water Works. The meeting was called at the instance of men who had antagonized Ralston's plans, and it was supposed by those who engineered it that the usual cut and dried proceedings would take place, and that strong resolutions denouncing the project would be passed without difficulty. Kearney created a diversion by bringing a lot of his followers to the hall, and they took possession of the meeting electing him president. Just what the outcome would have been had he presided to the end it would be impossible to tell, but he was not permitted to do so. Unfortunately for Kearney he made the mistake of attempting to deny freedom of speech to a man named Edward Nunan, declaring that no politician should speak at a meeting over which he presided. In the course of the wrangle which followed this arbi- trary declaration by the sand lot leader, John Hayes, the man after whom Hayes street and valley were named, mounted the platform saying, "If you do preside over this meeting you don't run it," at the same time giving Kearney a shove which knocked him off the stage and into the audience. On this occasion, as at other times, Kearney exhibited the discretion which serves better than valor. Later he caused Hayes to be arrested on a charge of battery, but the police judge who heard the case with nice discrimination decided that the shove was not for the purpose of committing an assault, but merely to assert the rights of the meeting.
Had the action of the legislature regarding the strengthening of the police been anticipated by a few years there would have been a different story to tell. In April, 1878, an act was passed increasing the police force to 400; but what proved of more consequence, the composition of the commission was completely changed. Instead of the cumbersome body created by the act of 1876, which imposed addi- tional duties upon officials elected to perform other functions, there was substituted a commission which was to consist of three representative citizens of the City to be chosen by the judges of the Fourth, Twelfth and Fifteenth Judicial Districts. The first appointees under this system were Robert Tobin of the Hibernia bank, ex-Mayor William Alvord, of the Bank of California and Major Richard Hammond. It would be a mistake to accept the common assumption that the enlargement of the police force and the creation of an intelligent commission brought about the tran- quillity which marked the summer of 1878, despite the constant efforts of Kearney to keep alive the agitation, but the obvious purpose to restrain the too demonstra- tive agitators undoubtedly had a quieting effect, and the election of delegates to
Authorities Inactive and Police Inadequate
Jack Hayes Knocks Kearney Off Platform
Police Force Increased and a New Commission. Created
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the constitutional convention held on June 19th was unattended by any excitement within the ranks of the political parties, including the newly formed workingmen's organization.
Futile Attempt to Form a Coalition
The leaders of the democratic and republican parties, although the framing of a constitution did not seem to call for partisan action, were so greatly concerned over the rapid headway being made by the workingmen's organization that they attempted to bring about a coalition. Advances were made by the republicans but were rejected by the democrats who proposed that all party issues should be discarded, and that a convention should be held at Sacramento in May to nomi- nate delegates at large in the congressional districts, and that the best men in their localities be nominated in the counties. This proposition was not acceptable to the republicans and it was finally determined that the plan of the Vigilance Committee of entrusting nominations to committees of prominent citizens should be followed, and in accordance with this resolve eight nonpartisan delegates were named in each of the four congressional districts.
Attempt to Dislodge Kearney
The term nonpartisan was distinctly a misnomer, for the result was to array the people of the state into two distinct parties, on a well defined issue which was narrower than it appeared to be on the surface, for while the talk revolved about the selection of good men to frame a suitable organic law, the real struggle on both sides was for political supremacy. The workingmen encouraged by their suc- cesses early in the year believed they were strong enough to obtain control, and the two old parties were apprehensive that they might and so were the corpora- tions. Prospects of political success created dissensions within the ranks of the workingmen which threatened a rupture. An attempt was made on the 6th of May to oust Kearney from the presidency. The workingmen's state committee charged him with corruption and using the party to further his personal ends. This in- ternal dissension was undoubtedly promoted by outsiders to create a diversion, and it resulted in the workingmen holding two conventions which met on May 16th. Kearney was supported by all the ward clubs of the workingmen, and his antago- nist, Frank Rooney, who was openly charged with being paid by the railroad to bring about a split, and who headed the rival movement, had scarcely a corporal's guard as a following.
Delegates Elected to Constitutional Convention
The election which took place on June 19, 1878, resulted in the choice of 78 nonpartisans, including all the delegates at large, 32 in number; 51 workingmen, 31 of whom were from San Francisco; 11 republicans, 10 democrats and 2 inde- pendents. In view of the fact that the constitutional convention of 1879 has re- peatedly been called a sand lot body, and the organic law framed as submitted by it a sand lot instrument, these figures are interesting. They conclusively dis- prove the charge, showing as they do that less than one-third of the convention was made up of workingmen's delegates. The composition of the membership also refutes the assumption. It consisted of 58 lawyers, 39 farmers, 17 mechanics and 3 journalists, the remainder being of varied occupations.
The Men Who Framed the Constitution
But far more important than these figures is the significant fact that the domi- nating body in the convention was a minority of able men, chiefly delegates at large, whose leadership was accepted, and under whose guidance the instrument was framed. It is usual to denounce lawyers as mischief makers when acting in a legis- lative capacity, and no one was fonder of reviling the profession than Denis Kear-
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ney, but it is an undoubted fact that every article in the Constitution of 1879 which he extolled as a reform was due to the constructive ability of corporation lawyers, who, disregarding their affiliations, apparently labored with only one object in view, that of framing an organic law which would embody all the reforms demanded and do away with the abuses which the earlier constitution had fostered.
It is noteworthy that during the deliberations of the convention which met at Sacramento September 28, 1878, and continued its sittings through 157 days, ad- journing Monday, March 3, 1879, that there was little comment and no serious criticism of the work of the delegates. This attitude of reserve was due to early perception of the fact that the convention as a whole was determined to do its best, and that it was not dominated by cliques. That the workingmen did not control was made clear by the election of Joseph P. Hoge, a prominent corporation law- yer, as president, and the rejection of Marcus D. Borruck, an avowed friend of the railroad, and on its pay roll, who although he received the endorsement of the caucus of nonpartisans, republicans and democrats for the secretaryship, was beaten in the convention by a decisive vote. The subordinate offices, which were eagerly sought for their friends by the workingmen delegates, all went to the coalition. Thus it happened that while individual delegates chosen by the work- ingmen attracted attention and caused some amusement by their crudities, at no time was there any fear that they would obtain control. And least of all did their attempt to embody opposition to Chinese immigration in the instrument excite ad- verse comment, for, as the sequel showed, the people of California were nearly a unit in favor of exclusion. The Chinese article was thoroughly discussed and as- sented to by men high in the esteem of the nonpartisans, and no one thought it an absurdity, nor did it prove to be so for despite the assumption of its being in con- flict with the federal constitution it has been given practical effect. There were some proposals made which historians have characterized as crudities that would hardly be recognized by that designation at present. There was for instance a proposition that election ballots should be numbered, and that the names of persons voting be checked on the registration list. An effort was also made to give the ballot to women, but it was voted down, commanding only 55 affirmative votes, while 67 voted against. Another measure providing for the appointment of all judicial officers, who were to hold their positions during good behavior was also voted down.
These and some other propositions have met with more favor since, but in order to comprehend the nature of the problem presented to the voter at the election which took place on May 7, 1879, and to enable the reader to decide whether the new instrument deserved the opprobrium heaped upon it, an epitome of its main pro- visions will prove more useful than a list of the proposals that failed of acceptance. Chief among the innovations, and the one about which much of the argument that followed submission revolved, was that relating to taxation. The article dealing with this subject defines "moneys, credits, bonds, stocks, dues, franchises and all matters and things, real, personal and mixed, capable of private ownership as property subject to taxation, exempting growing crops and property used exclusively for public schools or belonging to the state, county or municipality, providing for a reduction from credits of debts due to bona fide residents; making mortgages and contracts by which debts were secured, for the purposes of taxation interests
Workingmen Play a Subordinate Part
Taxation Provision of the New Instrument
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in the property affected thereby, and prescribing that all land cultivated or un- cultivated of the same quality and similarly situated, should be assessed at the same value.
This article was more heatedly debated in the campaign preceding the election than any other provision. It was urged by the opponents of adoption that it would result in double taxation. This was denied by its advocates, who pointed out that under no circumstances could that occur, as it provided for a reduction from credits of debts due to bona fide residents, and in the case of mortgages, that the amount of the mortgage should be deducted from the assessed value of the property, which would simply result in a change in the person called upon to pay the tax, the mortgagor instead of the property holder paying. The farmers were appealed to and warned that they would only increase their burdens, as the money lenders would be sure to charge a higher rate of interest, and they were told that the new system of taxation would put back the development of the state ten years.
A State Board of Equalization was created, to be elected at the general elec- tions, and which was to consist of four members, representing districts. The crea- tion of this commission was designed to put an end to the flagrant inequalities brought about by corrupting assessors. The section creating it provided in the plainest possible terms that the state and county boards of equalization should exercise the power to raise or lower assessments, and in the case of the state board it recited that "under such rules of notice as the state board may prescribe as to the action of the state board" it should have the power "to increase or lower the entire assessment roll, or any assessment contained therein, so as to equalize the assessment of the property contained in said assessment roll, and make the assessment conform to the true value in money of the property contained in said roll." This provision was extolled by the advocates of adoption who pointed out that its effect must be to put an end to the corruption practiced by corporations and large land owners, and that the inevitable result would be the breaking up of land monopoly. Subsequently the supreme court of the state held that the consti- tution did not mean what it said, and that the State Board of Equalization had power only to raise or lower the entire roll of a county.
This extraordinary decision produced consequences which the court appeared to have overlooked. When the Board of Equalization exercised its authority to raise the entire roll of counties in cases where the assessors had made flagrant undervaluations the result was to make the holders of mortgages pay more than the face of their securities, and the owners of money were subjected to a like dis- crimination. Thus it became necessary to submit another amendment to correct the court-created defects, but the reform fever had passed away and the correction went no further than to exempt mortgages and money from the operation of rais- ing or lowering the entire roll of a county. The board still retained considerable power which it exercised to some purpose in later years, and the salutary effect of the taxation provision relating to the equal taxation of farming lands similarly situated was distinctly due to the knowledge that serious undervaluation would be punished by raising the valuation of the property of the innocent as well as the guilty.
The provision creating a railroad commission and clothing it with extraordinary powers, and imposing upon it important duties, was the most obnoxious feature of
Double Taxation Charged
State Board of Equalization Created
Supreme Court Defeats Will of People
SHAM BATTLE AT HARBOR VIEW, JULY 3, 1876 The site selected for the exposition of 1915 is on the flats between the hills and the bay
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the instrument to the corporation which ruled the political destinies of the state. In his "History of California" Hittell distinctly asserts that the Railroad Com- mission was created by a combination between the workingmen and the grangers, which was the case, but in subsequent parts of his work he intimates that it was the product of a scheme deliberately contrived to defeat the will of the people. This view found expression in other quarters, but it is manifestly absurd. The truth of the matter is that the drastic remedies for railroad abuses which were provided were ahead of the times. Powers conferred upon the commission which in 1879 were denounced as too extensive, and features then feared because they were be- lieved to be too radical are now commonly accepted. Had the people of California been true to their own interests and elected honest and vigorons commissioners they might have escaped twenty-four years of railroad domination which is justly chargeable with the creation of most of the popular discontent in California, and is directly responsible for most of the political vagaries into which the people have plunged during recent years.
An examination of the article creating the Railroad Commission discloses that it anticipated all the recent demands for reform. It provided for publicity of the most far reaching character and gave the commissioners the power to regulate freights and fares and practically demanded that they should resort to a physical valuation of railroad properties in order to make a proper adjustment. That these powers were never exercised was wholly due to the indifference and neglect of the people to elect commissioners who would honestly represent them, and to choose legislators who would provide the necessary funds to enforce the laws. The first efforts of the corporation after the adoption of the constitution in 1879 were di- rected to placing its creatures on the Railroad Commission, and the State Board of Equalization, and the sovereign people cheerfully voted for the candidates put forward by them. It is a remarkable commentary on the fallibility of popular institutions that the very element responsible for this miscarriage became the chief complainants against the iniquities of a political system whose defective workings are directly traceable to the laches of the class to which they belong.
The hostility of the railroad to the new organic law was shared by corporations generally, their chief grievance being the insertion of a provision making directors or trustees jointly and severally liable to creditors and stockholders for all moneys embezzled or misappropriated during their term of office. This reform which has since been adopted by many other states of the Union was bitterly antagonized in the convention by the same element that had arrayed itself against the Rail- road Commission clause, and would not have found its way into the instrument if it had not been forced in by the united action of the granger and workingmen delegates.
It would be impossible if it were desirable to describe all the reforms attempted by the framers of the Constitution of 1879 in a history of a political subdivision of the state, but it has seemed essential to a better understanding of the troubles of this particular period to make it clear that the instrument was not the outcome of a transitory ebullition, or the product of a hysterical demand for reform. This seems all the more necessary because San Francisco agitators and the City itself have been held responsible for the instrument, which singularly enough would have been rejected had its adoption depended upon the votes of its citizens. The Consti-
Railroad Commission Created
Demands of Reformers Premature
Corporations Hostile to New Instrument
Supporters of the Constitution
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tution of 1879 undoubtedly was the product of an agitation, the focal point of which was the City, and would not have been framed or adopted had it not been championed there, and for that reason it becomes part of the history of San Francisco, and the duty of the historian to determine whether the people who urged it were demagogues, knaves or merely citizens seeking to effect needed reforms.
Among the reforms effected which more particularly concerned the City was that which struck down the vicious practice of special legislation and gave San Franciscans the right to manage their own affairs. This was accomplished by a provision which enabled urban communities within the state to make and enforce within their limits all such local, police, sanitary and other regulations not in con- flict with general laws. The new instrument set up a principle of vital importance to the City, and the whole of California. In the first constitution adopted no ref- erence was made to water rights, but the new instrument declared that all water appropriated or to be appropriated for sale, rental or distribution was a public use and subject to regulation and control by the state in a manner to be pre- scribed by law; and rates for water used for domestic purposes were to be annually fixed by boards of supervisors or other governing bodies. Here we have an exhibition of prevision which presents a marked contrast to the demagogie and bureaucratic conservation movement of the East, which was not inaugurated until practically nothing was left in that part of the country to conserve. Under the Constitution of 1879 the power has existed to effectively regulate and conserve the waters of the state, and it rests with its people to exercise the authority so wisely conferred.
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