USA > California > San Francisco County > San Francisco > San Francisco, a history of the Pacific coast metropolis, Volume II > Part 23
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Versed in the Common Law
A Lawyer Who Reached the Supreme Bench
A Devotee of Speciali- zation
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SAN FRANCISCO
ton laid great stress on specialization, and took extraordinary pains to especially fit himself for the conduct of cases in which a knowledge of accounting was requisite, but his proficiency never secured for him the recognition he sought, and he finally deserted San Francisco for Hawaii after spending forty of the best years of his life in this City.
Oscar L. and James McM. Shafter came to the coast on invitation of the once prominent firm of Hallett, Peachy and Billings. Oscar was elected to the Su- preme court in January, 1864, but resigned before completing his term. James was by far the ablest of the brothers and was one of the strongest antagonists of the innovations proposed by the constitutional convention of 1878, of which body he was a member. He gave more study to the subject of taxation than most of his colleagues, and was regarded as an authority concerning those phases touching land.
James A. Waymire began his career as a soldier and was in the service of the United States as a lieutenant of cavalry. He did not take kindly to military duties and resigned and adopted stenography as a profession, but his natural aptitude for law caused him to make a study of it, and he was admitted to the bar by the su- preme court of Oregon in 1870. His ability was not speedily recognized, and he had to resume stenography, and in 1872 he was appointed reporter to the supreme court of the State of California. In 1874 he moved to San Francisco and devoted himself to building up a practice. As a stenographer Waymire had been identified with newspapers, and had acquired facility of expression and an incisive style. During the contest over the adoption of the Constitution of 1879 Waymire was a stanch advocate of the instrument and contributed many articles in its favor to the columns of the "Chronicle." He was appointed a superior judge by Governor Perkins in 1881, and while on the bench wrote many decisions which attracted attention. Through his relations with clients he became interested in the promotion of irrigation, financially as well as legally, and devoted some of the later years of his life to the work of establishing the credit of district irrigation bonds. He had the misfortune to become heavily involved through his faith in that class of securities, and despite his great industry and undoubted talent he died a poor man.
S. C. Hastings, whose name has been perpetuated in the law school founded by him, was the first chief justice of the State of California, being chosen to fill that position by the legislature in December, 1849. After leaving the bench he became attorney general of the state. He subsequently amassed a considerable for- tune, $100,000 of which he devoted to the creation of the law school now affiliated with the State University. His relations were largely with San Francisco, although he did not practice or do business in the City, and the first board of directors of the school he established were, with one exception, members of the bar of the metropolis. The list comprised the names of Joseph P. Hoge, W. W. Cope, De- los Lake, Samuel M. Wilson, O. P. Evans, Thomas P. Bishop, John R. Sharpstein and Thomas I. Bergin. They chose Hastings as their dean, although his contribu- tions to the science of law hardly entitled him to that consideration. He was a much abler business man than a lawyer, and while on the bench was noted for the extreme brevity of his decisions.
One of the most talented and at the same time most eccentric of the early lawyers of California was Rufus A. Lockwood, who took service with Horace
Two Brothers in the Profession
A Lawyer Who Worked His Way Up
California's First Chief Justice
An Erratic Lawyer
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SAN FRANCISCO
Hawes, another man cast in the same mould as himself, as clerk, contracting to work for six months at $10 a day to be paid daily. He subsequently allied him- self with Tilford and Randolph, two of the best known lawyers of argonautic days. Lockwood while engaged with the latter suddenly abandoned his professional work and took a job as longshoreman on the water front. On another occasion he made his way to Australia and went into retirement as a sheep herder. Despite his unquestioned ability he was a man of unbalanced mind, and was looked upon as a crank by his associates who had little sympathy with his peculiar views respect- ing the organization of society, which caused him to anticipate some of the modern prophets by preaching its early destruction. His integrity was as great as his ec- centricity, and he was one of the few lawyers of his period who could not be induced to take a case, no matter how tempting the fee, if he did not believe in the justice of the claim. Lockwood was an inveterate gambler and not infrequently parted with his last cent at the gaming table.
A Noted Southern Attorney
Edmund Randolph was one of the numerous contingent of Southerners who came to California close upon the discovery of gold, and won a reputation as a great cross-examiner by his searching methods which were as often designed to entangle the witness as to ascertain the truth. He figured in the first constitu- tional convention, and is credited with part of the constructive work of that instru- ment. Like many of the earlier lawyers, Randolph was a student and fond of his- torical research, but did no original work. He was an extensive reader and his mind assimilated and arranged the matter of his reading in an orderly fashion. He was an excellent conversationalist, and enjoyed the rare distinction of being permitted to do much of the talking without exciting resentment. It is told of him that on one occasion when a guest at a formal dinner at which several were to speak that he occupied all the time devoted to talking, and that the sidetracked speakers were the most urgent that he should proceed with his discourse which was an entirely impromptu presentation of the causes responsible for the intro- duction of several features of the federal constitution, and had no relation to the topic assigned to him for the evening.
John S. Hagar was an able lawyer with a decided predilection for politics and an inclination for the bench. He came to California in 1849, commenced practice in 1850 and was elected to the state senate in 1852. Later he was elected United States senator, and while the election was in progress absolutely refused to be present in Sacramento. Hagar was a close student of municipal governmental af- fairs, and in the convention of 1878, of which he was a member, occupied himself in shaping the section which permitted cities to frame their own charters. He subsequently presided over the Board of Freeholders which framed the first charter under the Constitution of 1879, but which was rejected by the people. Among other positions held by him was that of collector of the port of San Francisco. The qualities of Hagar's mind are difficult to describe. His associates gave him credit for great acumen, but declared that he lacked the ability to make others perceive that which he saw so clearly himself. Although a successful man in the matter of attaining to dignities Hagar never achieved any particular distinction as an advocate.
A Group of Able Members of the Bar
Joseph F. Winans; James A. McDougall, U. S. senator in 1861; Milton S. Latham, who enjoyed the double distinction of the governorship, which he held for five days and a term in the United States senate; Charles H. S. Williams;
Lawyer and Politician
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Wm. Walker, whose talents were mainly devoted to intrigue; John Currey, elected to the supreme court, an able man who retired from practice in 1878 on account of impaired eyesight; E. W. Mckinstry, Eugene Casserly, Sanderson, justice of the supreme court; Wallace, Ogden Hoffman, all helped to fill a large space in the public eye during the Fifties, Sixties, Seventies and even into the Eighties, many of them holding their own down to a recent date with their younger rivals and ac- commodating themselves to the changing order of things, which after all was only in externals as this narrative will disclose to the attentive reader.
It is doubtful whether the San Francisco bar during this period made a national impression as great as that of some smaller cities of the East, a fact easily accounted for by the remoteness of the City from the seat of government and to an undue development of rivalry and factionalism. The latter frequently operated to pre- vent the selection of able men for important office, as did also the comparative unimportance politically of a small state. The activities of the railroad had a disastrous effect upon the political fortunes of many members of the legal fra- ternity. The corporation's influence was exerted in various ways detrimental to the state. Its smiles and frowns were alike injurious. It kept many able men from making attempts to obtain political distinction because they feared its an- tagonism, and caused the disablement of others equally capable through its pa- tronage. Connection with the railroad was not always profitable. Its friendship was often as blighting to the recipient politically as its rewards to them were financially great.
Something like the foregoing personal description of the bar of San Francisco is necessary to remove the injurious impression created by the unwarranted as- sumption that the Constitution of 1879 was the product of the sand lot. As a matter of fact it was produced by the ablest men in the state, and the major part by far of the competent men in that body were from San Francisco. It should be said, and it reflects credit on the profession, that notwithstanding the fact that many of the delegates were corporation lawyers, they did not betray the trust re- posed in them by the people. The debates of the convention from beginning to end show a desire on the part of some who were erroneously assumed to be making the constitution unworkable to produce an instrument which would embody the re- forms demanded by the people, and the fact that they succeeded in doing so, and gave to the state a document, the underlying principles of which are now being accepted by the nation, and perhaps it may be said the whole world, reflects luster on their single mindedness. Had the City in its subsequent efforts to secure good municipal government been as ably assisted by the trained judgment of the best part of San Francisco's bar the metropolis might have escaped many of the tribu- lations it since has been compelled to undergo.
The influence of the press has never been underrated by the American people although the manner of its exertion has never been clearly understood. As in the case of the bar it must not be judged by its exceptional performances, or the success or failure of its direct efforts. Superficial observers occasionally seize upon the fact that a newspaper has been beaten in a political fight and draw the inference from it that its sayings or teachings have had no effect on the community. There never was a more erroneous view. During the period 1871-83 the San Francisco "Bulletin" wielded a great influence although the men it advocated for office were often defeated. Under the editorship of George K. Fitch that journal constantly
The Railroad and the Lawyers
Corporation Lawyers in the Conven- tion
Influence of the "Evening Bulletin"
632
SAN FRANCISCO
preached economy in municipal management, and succeeded so thoroughly in satu- rating the public mind with the belief that the great desideratum in city govern- ment was to keep down taxes that absolutely no consideration was given to any of those objects which are now foremost in the minds of civic reformers of the pres- ent day. There never was a question regarding the intensity of Fitch's belief in the desirability of avoiding all expenditure for municipal purposes the necessity of which could not be clearly demonstrated. He refused to recognize the possibility of indirect benefit and presented cogent arguments against launching into schemes for betterment which involved the incurrence of municipal indebtedness. He was a vigorous thinker and writer, and had the assistance of able editors who preached his economic gospel incessantly, until San Francisco believed in it so thoroughly that for many years no good citizen, or bad one for that matter, thought of advo- cating a bond proposal for any purpose whatever.
The "Call," during the Seventies, was owned jointly by Loring Pickering and George K. Fitch. It was a better newspaper than the "Bulletin," the policies of which it reflected feebly, but its management was not enterprising. The "Alta California" still existed but refused to keep up with the modern journalistic move- ment which was beginning to assert itself at the time, but permitted its editorial columns to be occasionally invaded by a vigorous writer. It ceased to be a real newspaper about the close of the period, and was only valuable for political pur- poses. It subsequently fell into the hands of James G. Fair, who retained it many years in the hope of realizing upon a bad investment, but his money did not suffice to keep it alive, and it finally perished, and with it an Associated Press franchise which was regarded as valuable, but could only be made so by the exercise of newspaper judgment, and a liberal expenditure of money. The "Examiner" was still a democratic organ leading a placid existence, undisturbed by the rivalry of its contemporaries and satisfied to win the applause of a small circle of readers who read its elucidation of the principles of their party undistracted by the presentation of news sensational or otherwise. The "Chronicle" was growing steadily in favor under the editorial direction of Charles de Young who was, in the parlance of the profession "a born newspaper man" and considered the exposure of corruption one of the leading functions of a public journal. In pursuing this course he made many enemies who unscrupulously attacked his character and impugned his motives but a reproduction of the most of these assaults, with the names of his assailants, would be accepted by the modern Progressive as an endorsement.
Bryce in his "American Commonwealth" in describing the sand lot episode remarks that "the activity of the 'Chronicle' counted for much, for it was ably written and went everywhere." The compliment applied to an earlier period as well as to 1878, for it had been the policy of its editor to secure forceful writers, and although their work usually appeared in its columns unsigned the personality of many of them became familiar to the public. In the earlier days of its exist- ence the editorials of the "Chronicle" were compensated for on a space basis and outside contributions were received from informed persons whose connection with the paper was not generally known, but as it grew older while retaining the same mode of compensation it maintained regularly two and sometimes three writing editors. Among the most vigorous of these were Frank Pixley and Samuel Sea- bough. James F. Bausman, less forceful in expression than Seabough, was em-
The San Francisco "Chronicle"
Journalism at the Close of the Seventies
633
SAN FRANCISCO
ployed at the same time as the latter, and his literary efforts were easily recognized by his marked predilection for quotation.
Two German dailies and French and Italian publications catered for the foreign population. The Latin peoples were not exacting in their demands, but the read- ers of the "Demokrat" asked for and were presented with the important news, and a well written editorial column. In the evening field the "Bulletin" during this period maintained uncontested precedence. Its rival, the "Evening Post," established by Henry George in 1871, under his management developed a tendency to sensationalism, but he lost control of the paper in 1874, and thereafter it had many nominal owners who conducted its fortunes for a while and then retired. Several of these unsuccessful essays were made by newspapermen of ability who, however, proved failures as publishers of an expensive evening journal. The journalistic mortality was very light during the period, excepting in the weekly field in which fatalities were constantly occurring. The only notable demise of a daily was that of the short lived San Francisco "Mail" which was started in the early part of 1876 by D. D. Dalziel, the husband of the soubrette Dickey Lingard. Dalziel was a stranger in the City but managed to secure the confidence of Mark L. MeDonald, who had political ambitions. When the latter was disappointed in his efforts to obtain the United States senatorship in 1877 he withdrew his financial support from the "Mail" and it speedily collapsed. During its brief career the "Mail" had in its employ a good writing force, among them Frank Pixley, David Nesfield, Arthur McEwen, Thomas Flynn and others, but it was never strong on the news side.
Weekly journalism had a notable addition during this period in the "Argonaut" established in 1877 by Frank M. Pixley, who had associated with him Fred M. Somers and Jerome C. Hart. The "Argonaut" owed its vogue chiefly to the viru- lent attacks of Pixley upon Jews and Catholics, whom he assailed unceasingly. On its literary side it was well edited, and had departments which were widely copied from by Eastern journals. This was especially true after Hart assumed control. Somers, who was its first managing editor, had been a reporter on the "Chronicle" and was nearly killed by an assemblyman named Wilcox, who was called the "Mariposa Blacksmith," for telling some plain truths respecting the latter's cor- poration affiliations in a letter to the "Chronicle." The weekly journals of this and the preceding period, with the exception of the "Argonaut," devoted themselves largely to local comment and gossip, subordinating other features to those di- rectly interesting to the San Francisco public. Their columns outside the space devoted to this main purpose was filled chiefly with contributions from workers on the daily press, a list of them disclosing the names of the brightest writers in the City.
Toward the close of the Seventies the daily papers in their Sunday editions began to encroach on the field of the weeklies. The "Bulletin" had for many years published a supplemental sheet of two pages on Saturday evenings, chiefly devoted to selected matter, with an occasional original contribution in the shape of a short story, or a bit of verse. The selections were excellent, and greatly appreciated by readers of discrimination. The "Call," "Alta" and "Chronicle" up to the close of 1876 adhered to the old plan of presenting news, printing letters or volunteer sketches when they came to hand or when offered by the staff and not waiting for Sun- day. In the early part of 1877 Charles de Young was aiming at the Sunday magazine
Daily and Weekly Publications
The "Argonaut" and its Founder
Sunday Magazines of the Dailies
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idea, but experienced considerable difficulty in securing the necessary contribu- tions. An examination of a Sunday paper dated April 22, 1877, exhibits this plainly, the features on the first page being eked out with local news stories. There was a letter from Charles Warren Stoddard from Greece, one of a series he had been specially engaged to write from Europe; a London letter from a regular con- tributor who signed herself "Eve's Granddaughter;" a New York letter, which like the London contribution, was devoted to news and was a weekly feature. In addition there was an article captioned "Painter and Pallette," signed J. P. Y., which purported to describe the personal peculiarities, especially the foibles of the local artists, the list of them being quite a long one. The remainder of the page was filled with local news. On the second page, two columns were devoted to news and gossip about theaters and actors and alongside of this to correct its levity was a column headed "For the Farmers," in which the merits of fertilizers and other matters of interest to agriculturists were impartially treated. On the sixth page there was a short story, literary notes, a column "For the Ladies," and two columns of book reviews. On the seventh page there was some selected reprint, a half column of religious news and close to it a column and a half of sporting news, principally relating to the doings of the outside world in that field of activity, and on the eighth and last page there was a slashing article on the mining stock market accompanied by a cartoon, the only illustration in the paper.
From this time forward the Sunday magazine showed signs of amplification, and in time became a feature of the morning papers, widening the field for local contributors who began to increase in numbers, finding an expanding market for their literary wares in the weeklies and the two local magazines. A list of the writers of this period discloses the names of some that will be recognized outside of San Francisco and of many who perhaps deserved fame without achieving it except locally. Among the most noted may be mentioned Kate Douglas Wiggin, Flora Haines Longhead, Edward W. Townsend ("Chimmie Fadden"), Prentice Mul- ford, Charles Warren Stoddard, John P. Young, Minnie Buchanan Unger, Thomas J. Vivian, Charles and Millicent W. Shinn, Ralph Sidney Smith, Annie Lake Town- send, Albert Sntliffe, John Bonner and his daughter Geraldine, Yda Addis, Marie Theresa Anstin, George Hamlin Fitch, Robert Duncan Milne, Belle Strong, H. D. Bigelow, Kate Bishop, H. J. Dam, Clay M. Greene, George H. Jessop, W. H. L. Barnes, W. C. Morrow, Fred M. Somers, Jerome Hart, Oscar Weill, George Chismore, Kate Kellogg and others.
In September, 1878, an article appeared in the London "Times," in which the assertion was made that "San Francisco does not care for art and learning; it has not been educated to see beauty in an intaglio. A brilliant is the measure of its taste and we cannot affect to be surprised." The criticism was as undeserved as are most of the sweeping summaries of the vices and virtues of peoples. There were many in San Francisco in the Seventies who thought more of the "almighty dollar" than of art or literature, but there were also plenty who were not Philis- tines. The growth of the taste for literature and art usually keeps pace with accumulation. Sometimes it precedes, but very rarely. Appreciation and expres- sions of devotion accomplish little unless conditions exist which tempt talent and genius. It is difficult to stimulate the latter, but the attempt is sometimes made. In the session of the legislature of 1871-72 a bill with that object was introduced in the assembly by Obed Harvey of Sacramento, which contemplated the encourage-
Legislature Seeks to Encourage Art
Writers of the Early Eighties
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SAN FRANCISCO
ment of California artists of ability. Fortunately the hard headed committee called upon to deal with it reported against its passage on the ground that there was no money available for such a purpose. Although there is some support for the London "Times" comment on San Francisco's lack of art culture, the critical faculty was not wholly undeveloped in those days. Mark Twain refuted the as- sumption in an effort made by him to describe the peculiar charm of a painting of "Samson and Delilah" which was one the attractions of a popular saloon. He asked: "Now what is the first thing you see in looking at this picture down at the Bank Exchange? Is it the gleaming eyes and fine face of Samson? Or the muscu- lar Philistine gazing furtively at the lovely Delilah? Or is it the rich drapery, or the truth to Nature in that pretty foot? No sir! The first thing that catches the eye is the scissors on the floor at her feet. Them scissors is too modern- there warn't no scissors like them in them days by a d-d sight." When Mark burlesqued the propensity toward rigorous realism he furnished undoubted evidence that art appreciation was tolerably well developed, for he was not ac- customed to waste his jokes or coin expressions that would be obscure to his readers. As a matter of fact he knew that the taste for art existed and that it would assert itself in due time.
And so did a group of painters, larger than ever gathered in any American city outside of New York at the time or since. There are more works of art in San Francisco now, or there were before the great conflagration, but there have never been as many artists in this City since the late Seventies and early Eighties as there were then, and the reasonable inference is that there were relatively more patrons of art at that time. That fact, however, is easily accounted for by the necessity of providing the newly erected mansions with paintings and sculpture. Some of the owners were too busy to go to the mountain, hence the mountain went to them, and found them liberal patrons. Toward the close of the decade 1870 there were many painters in San Francisco, some of whose works would do credit to any gallery. A list of them embraces the names of Julian Rix, Thomas Hill, Joe Harrington, Samuel Brooks, William Keith, Jules Tavernier, Virgil Williams, Benoni Irwin, Raymond D. Yelland, William Marple, Edwin Deakin, Senor Guiterez, S. W. Shaw, Richard J. Bush, the Tojettis, Domingues and his sons Virgil and Edward, G. J. Denny, Benjamin Sears, Charles D. Robinson, Norton Bush and Meyer Strauss. With these must be counted David Neal, Toby E. Rosenthal, Reginald Birch, Joseph D. Strong and Thaddeus Welsh who hailed from San Francisco, but were abroad at the time. The most of these devoted them- selves to making San Franciscans, and the world generally, familiar with Cali- fornian scenery, particularly that of the Yosemite valley and the majestic redwoods of the Coast Range of mountains. It may be fairly said of the San Francisco of this period that it was less under the domination of the idea, very prevalent at the time, that a chromo lithograph was a work of art, than most parts of the cultured East. The number of excellent bits of scenery and genre and still life to be found on the walls of many very modest houses in San Francisco during the Seventies is far more noteworthy, as bearing on the subject of general culture, than the fact that the men who had made big fortunes in railroad building and mining were filling their galleries with costly works of art obtained abroad, which were not always selected with the best judgment. Truth demands the statement, however, that the foreign purchases were not made at the expense of the local talent, which was Vol. II-11
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