USA > California > Alameda County > The centennial year book of Alameda County, California : containing a summary of the discovery and settlement of California, a description of the Contra Costa under Spanish, Mexican, and American rule, biographical sketches of prominent pioneers and public men > Part 20
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A fine locomotive of twenty tons burden, called the "J. G. Kel- logg," was turned out of the railroad machine shop in Alameda on the 27th January, manufactured under the supervision of Mr. A. J. Stevens, the Master Mechanic of the Alameda Railroad. It was four months building ; had an 11-inch cylinder with a 22-inch stroke. It was considered a very creditable piece of machinery.
The great questions in this county during the meeting of the Legis- lature was the "No-fence law," introduced in a bill by Assemblyman . Eagar, and the railroad subsidy. Opinions were so much divided that the " No-fence" bill was withdrawn; and although the subsidy bill passed, it was strongly protested against, and at a meeting in Oakland, on the 27th of March, the Governor was called upon to veto it, which he did.
The first steps were taken towards the construction of a Southern Pacific Railroad in January of this year. A company was organized and filed its certificate of incorporation in the office of the Secretary of State. The amount of capital was fixed at $33,000. T. G. Phelps was President of the Company. Among the incorporators were Wm. T. Coleman and C. J. Hutchinson, of San Francisco; Hon. P. Banning, of Los Angeles; Capt. Johnson, of San Diego. The line was to commence at the Bay of San Francisco and run to
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210
HISTORY OF ALAMEDA COUNTY.
the Bay of San Diego; thence to the eastern line of the State of California, and connect with the great overland line from the Mis- sissippi. The great southern road is now completed as far as Los Angeles, and Oakland is its terminus.
Senator Robinson introduced a bill in the Legislature to impose a dog-tax and regulate the collection of the same. The editor of the Gazette pronounced this an important measure, and cited the fact, in evidence, that a considerable portion of Dana's book, "Two Years Before the Mast," was devoted to a description of the dogs of South- ern California.
The Alameda Park Hotel, built at the opening of the Alameda Railroad, was sold in February by auction to satisfy an execution against it.
A postoffice was established at Peacock's Hotel, near Warm Springs, in February, called Harrisburg, which still continues in the charge of the same postmaster, Mr. Geo. W. Peacock.
The social event of the month of February was the Masonic cele- bration at Centreville, on the 22d. It was pronounced a magnificent affair, consisting of a ball and supper, at which 240 persons were pre- sent.
At a second target match, on the 22d of February, the Haywards Company again beat the Alvarado Company.
A commission was appointed jointly by the Contra Costa and Ala- meda Boards of Supervisors to survey the Telegraph Road with a view to its permanent improvement.
In the District Court, an Indian named Rupardo was convicted of murder in the second degree, and sentenced to thirteen years impris- onment at San Quentin.
The case of Gilman vs. Contra Costa County, for the building of the San Antonio bridge in 1852, and which even yet keeps cropping out occasionally in some form or other, came before the Supreme Court at Sacramento in the beginning of March, and a verdict rendered thereon adversely to the claimant. The history of this bridge matter is in- teresting. We have gone through one phase of it in some of our first chapters, showing the transactions between the Court of Sessions and the Board of Supervisors of Alameda County on the one part, and Horace W. Carpentier on the other, regarding the same. The follow- ing narrative is taken from a local paper, and shows how an original debt of $7,400 was increased to the magnitude of $85,000 in a few years. Following are the features of the case:
211
UNDER THE STARS AND STRIPES.
SHARP VS. CONTRA COSTA COUNTY.
The case of Sharp, as assignee of T. C. Gilman, vs. Contra Costa County, was before the Supreme Court at its present term. As this matter is of interest to the people of this county (as they were liable for their portion of any judgment Sharp might recover) we make the following extracts from the brief filed in the case by H. Mills, Esq., then District Attorney for Contra Costa County :
In 1852 one T. C. Gilman built a bridge for Contra Costa County, across San Antonio Creek, now, and since 1853, in Alameda County, under contract with the Board of Supervisors of Contra Costa County, wherein it was agreed to pay by warrant the sum of $7,400, and the further agreement, that if the Treasurer did not pay said warrant that the County would pay a penalty of five per cent. per month, which should be deemed as interest thereon.
The warrant No. 216 was drawn and delivered on completion of said bridge, for the said sum, without specifying any rate of interest.
In the year 1856 Gilman recovered judgment on said contract (said warrant being still outstanding) for the sum of $20,427 and costs, which judgment was assigned to plaintiff, Geo. F. Sharp, Jan- uary 12th, 1857.
During the year 1860 said plaintiff, Sharp, revived in his own name said Gilman judgment, as hereinafter stated.
That each party, plaintiff and defendant, fully complied with the terms of the Act of 1865, except that plaintiff had not satisfied of record said judgment or the demands mentioned in said Act.
The complaint shows that Gilman had a judgment in 1856, March 12th, for $20,427, which bore interest at five per cent. per month, and costs, and upon which nothing had been paid. Plaintiff, if enti- tled to judgment for anything, was only entitled to judgment for about $64,000. Instead of taking judgment for said amount, plain- tiff took it for $85,000, the same being for $21,000 or more too much, and also that the judgment bore interest at five per cent. per month.
The contract was a fraud upon defendant, because :
First-The Board of Supervisors had no power to make the contract. Second-The agreement to pay five per cent. per month penalty, as interest, was illegal and prohibited by law.
The judgment sued upon was entered without authority of law, and was void.
The Clerk had only authority to enter judgments on default in the cases mentioned in the statute.
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HISTORY OF ALAMEDA COUNTY.
The Clerk entered judgment for a larger amount than prayed in complaint, in this, to-wit : He entered judgment that the judgment bear interest from date of entry at the rate of five per cent. per month.
The agreement to pay more than the legal rate of interest by the Board of Supervisors, acting in the name of the defendant, is void under the statute, and no judgment entered upon default of defendant could be made binding or valid for a larger rate of interest than that fixed by law, otherwise the same would accomplish that which is pro- hibited by statute.
The contract undertakes to fix a penalty, and the Clerk could ren- der no judgment thereunder, nor could the Board of Supervisors, by authority of law, make the defendant liable either for pains or penalties.
For the purpose of giving construction and effect to said Act of 1860, the Court looked at the facts of the case, from which it appeared :
Ist. That at the date of making the contract between Gilman and defendant, there was no law authorizing a suit against defendant.
2d. In 1855 the Legislature provided a remedy for plaintiff (to- wit : the Funding Act, before referred to), which remedy plaintiff lost by his neglect to comply with the terms thereof.
3d. It was admitted as a fact in this case, that at the time of the making of said Act of 1860, the plaintiff was without remedy for the enforcement of his claimn.
4th. The defendant, without the action of the Legislature, could not pay the claim, or any part thereof, there being no authority to levy taxes save in the Legislature.
5th. It is settled beyond question that the Legislature may impose taxes for any purpose they may choose, and it follows that, having such authority, they, the Legislature, may do so upon such terms as to them may seem just.
Contra Costa County vs. Board of Supervisors Alameda County, and cases there cited, 26 Cal., 646.
6th. The levy of taxes by the Act of 1860 was made upon the terms stated in said Act; the consideration was the settlement of this claim.
7th. The party (plaintiff in this case) having no remedy, obtain of the Legislature what they decide is due, and without compelling him to accept of their offer, they do say, in emphatic language, that
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UNDER THE STARS AND STRIPES.
unless plaintiff shall accept and make known his acceptance of the sum levied as taxes in full payment and satisfaction of all demands against defendant, he shall not have the benefit of the remedy pro- vided for him in said Act.
8th. The plaintiff did accept and did make known his acceptance in full satisfaction of all demands, and, upon the faith of his declara- tion made as provided by said Act, the defendant did fully comply by levy, collection and payment of the sum mentioned to plaintiff, who further acknowledged compliance with the terms agreed upon by giving receipts, stating that such sums were by him received in full satisfaction, according to the terms of said Act of 1860.
In view of the foregoing, defendant submitted that the defence in this case relied upon either payment and satisfaction, accord and sat- isfaction, release and discharge, compromise and satisfaction, or part payment as satisfaction in full.
The laws of this State nowhere give the Board of Supervisors authority to agree, on behalf of the county, except as follows : By auditing an account ; by directing the Auditor to draw a warrant upon the Treasurer, and he, said Treasurer, shall pay, if he has in his hands moneys, not otherwise appropriated, belonging to the county. If he has not the money, he shall endorse upon such war- rant, " not paid, for want of funds," and the amount specified in such warrant shall thereafter draw interest at the rate of ten per cent. per annum, until redeemed.
This was the law in force, and the only mode of payment at the time of making the Gilman contract. The penalty stated in contract was wholly unwarranted by law.
At the time of making the Gilman contract, individuals might agree upon any rate of interest, and, if they so chose, could agree that the interest, after due, might be added to the principal, and thereafter bear interest, etc. Now, if the Board of Supervisors had the authority to agree to pay more than ten per cent. per annum interest money (which was denied), it was not by them agreed in this case, in writing, that the penalty, or interest mentioned, should ever be added to the principal sum, as is shown to have been done in this case. The statute, being in contravention of the common law, is to be strictly construed.
The Vallejo Mill property, consisting of the mill, water privileges and twelve acres of land, passed into the possession of J. S. Doe, of San Francisco, who bought under a decree of sale on mortgage for
214
HISTORY OF ALAMEDA COUNTY.
foreclosure, for about $30,000. The purchase was made in the early part of March.
The road through Clinton was this month turnpiked and covered with a coating of gravel.
Octavia Cora, charged with the killing of Samuel Kennedy, at Brooklyn, was, on his second trial, on the 2d of March, in the District Court, convicted of manslaughter, and sentenced by Judge McKee to three years confinement in the State Prison.
Some parties belonging to the Union School District of San Lean- dro objected to paying their school taxes on technical ground, and on suit being brought against them, Judge McKee decided that the tax could not be enforced, owing to the absence of a $ mark in the assessment roll.
The following is quoted to give an idea of the prices brought in the Brighton Cattle Market, established last year, near Haywards :
BRIGHTON CATTLE MARKET.
HAYWOOD, April 11th, 1866.
1 bull, $20; 16 calves, $9 per head ; 16 calves, $8.25 per head ; 2 cows and calves, $30 and $36; 3 cows, $75 per head ; 4 cows, $50 per head ; 5 cows, $40 per head ; 50 cows, unsold, offered at $25 to $30 per head ; 50 yearlings, $7 per head ; 24 cattle, $20 per head; 40 cattle, $18 per head ; 60 cattle, $16 per head ; 120 cattle, $15.50 per head ; 50 cattle, unsold, too thin ; 3 horses, $68 each ; 2 mares, $75 each ; 2 mares, harness and wagon, $225.
REMARKS .- 15 extra milch cows, blood stock, offered at $100 to $150 per head; no sales. 75 pigs arrived too late for the market. Beef cattle, heavy American, in demand ; none in market. Stock offered in market very thin and mixed lot. Sheep offers, to arrive, $3.25 per head ; Weathers, do, $5; none in market. Milch cows, prices declining ; prices asked, too high ; purchasers plenty, at lower rates.
The following officers of the Brighton Cattle Market were elected in March : President, Wm. Fulton ; Vice-president, W. H. Souther ; Trustees, W. Knox, D. C. Kennedy, Alex. Allen. Board of Directors-F. P. Lauterwasso, President ; E. A. Haines, John Searles, H. D. Ellerhorst, J. A. Mayhew ; C. T. Ward, Secretary and Treasurer.
Following is the new time-table of the San Francisco and Alameda Railroad, after completion to Haywards ; it is interesting as a thing of the past :
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UNDER THE STARS AND STRIPES.
San Francisco and Alameda Railroad and Ferry Line. From Pacific Street Wharf. From San Francisco : 9:30 A. M .; 1:30, 4:15, 6 p. M. From Alameda : 7:45, 9:45 A. M. ; 1:45, 4:30 P. M. From San Leandro : 7:25, 9:25 A. M. ; 1:25, 4:10 P. M. From Haywards : 7, 9 A. M. ; 1, 3:45 P. M. Sunday time. From San Francisco : 9, 11:30 A. M. ; 2, 4:45, 6 P. M. From Alameda : 9:10, 11:40 A. M .; 2:10, 4:55 P. M. From San Leandro : 8:50, 11:20 A. M .; 1:50, 4:35 P. M. From Haywards : 8:30, 11 A. M. ; 1:30, 4:15 P. M. The 6 P. M. trip from San Francisco on Saturday evenings, and 7 A. M. from Haywards on Sundays, will be omitted. A commodious and safe carriage-way at each landing. Live stock taken at reduced rates. ALFRED A. COHEN, General Superintendent S. F. and A. R. R.
The Jackson Guards, of Oakland, were organized latter end of March, and the Board of Supervisors allowed them $50 per month for rent of armory.
The new Board of Supervisors took their seats March 6th, when Mr. R. S. Farrelly was elected chairman.
In April Mr. T. J. Edmondson erected a grain warehouse at San Leandro, the dimensions of which were 50x200 feet.
A Freedman's Association was established at San Leandro this month, with Judge Hamilton, of the County Court, as President ; S. G. Nye, as Vice-President ; J. W. Josselyn, Secretary and Treas- urer, and L. J. Bullard, Collector.
In the spring of this year matters looked cheerful for San Leandro, and it was in a flourishing condition. Ward Avenue, an alameda one mile in length, running to the foot-hills, was opened and planted with shade trees, furnishing a handsome drive, for which much credit was due to the projector, Mr. J. B. Ward.
Murray Township was looming up about this time as a market for fine stock. In ten days Mr. S. B. Martin sold 57 head of fine horses, and Mr. Dougherty and other importers also sold many ani- mals. A Clydesdale three-year-old stallion, belonging to Mr. Martin, was sold for $1,000.
An advertisement appeared in the San Leandro Gazette, of March 31st, signed by I. A. Amerman, County Clerk, inviting sealed pro- posals for painting the Court-house and cancelling the walls. Calci- mining, no doubt, was intended. The cancelling, however, was pretty effectually done on the 28th of October, 1868, when the earth- quake took charge of the job.
There was a horse show held at Centreville, on the 28th of April,
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HISTORY OF ALAMEDA COUNTY.
when some fine samples of stock were exhibited. The farmers and stock-owners present were expected to consider the subject of holding a county fair in the Fall, but the matter received no attention.
The ad valorem tax, for State purposes, was fixed at $1.10 on each $100 of property.
The first important base-ball match in the county took place in Clinton, on the 21st of April, between the City College Club, of San Francisco, and the Live Oak Club, of Oakland. There was a large and fashionable attendance, many ladies from San Francisco and Oakland having been spectators. The game was brought to a close after eight innings, the City Club having declined to play the last. At the close the score stood 39 to 84 in favor of the Live Oak Club. The Oakland boys treated their vanquished rivals to a dinner in the evening, after the contest, and the affair terminated in a happy and friendly manner.
May celebrations were general. The " Always Happy " Lodge of Good Templars held a pic-nic at Haywards, on the 3d, at which a table 130 feet long was spread for the guests. The Odd Fellows held a ball at Centreville, which brought together a large company, and everything passed off with that good order and good feeling which is a notable feature of all social gatherings in Alameda County.
In April Messrs. Cox & Arnold, contractors for grading the Western Pacific Railroad from San José to Stockton, resumed opera- tions in the Alameda Cañon, above Vallejo's Mills, after a cessation of work for the winter months.
On the 28th of April a flag and address were presented to the Haywards Guards, by Miss Haymer, on behalf of the ladies of the place, which Captain Fuller accepted on behalf of the company.
Calvin Perkins, Joseph Fisher and a number of others took a large number of mustang horses from this county to Salt Lake, for sale.
Mr. Sanders M. Simpson, an estimable citizen and brother-in-law of Mr. Greene Patterson and Joseph Black, of Murray Township, was most brutally murdered in bed, by his herder, in the month of May, at Corral Hollow. The guilty man was arrested, convicted, and sentenced to State Prison for life.
Notice was given this month that assessment for the income-tax was suspended till further notice.
A circle of the Fenian Brotherhood, then a powerful organization, was established in Oakland.
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UNDER THE STARS AND STRIPES.
The time for completing the first section of the Western Pacific Railroad having expired, it was extended by Congress at the instance of Senator Conness. There was fear that the company would claim some of the lands of the ex-Mission as a portion of their grant, and on May 23d Judge Crane publicly stated that the company set up no such claim.
At a meeting held at the Brighton Cattle Market, on My 30th, a committee for each town was appointed to arrange matters for a County Fair.
There were heavy rains in the latter part of May. That the last rains came regularly in the third week of this month, is shown by the following statement, taken from competent authority, which also gives the amount of rain-fall each day. It will be of service to those who do not understand this peculiarity of our climate :
1851
May 18th, 19th, 20th
0.69 in.
1852
17th
.30 in.
1853
66
24th
.05 in.
1854
1855
11th to 20th
2.14 in.
1856
19th to 25th
.86 in.
1857
.00 in.
1858
none after 7th
1859
22d
.05 in.
1860
18th to 25th
1.27 in.
1861
"
20th and 22d
.55 in.
1862
none after 12th
1863
18th and 19th
.41 in.
1864
17th
.34 in.
1865
66
18th
.27 in.
1866
66 22d, 24th, 26th, 28th - - 1-64 in.
.00 in.
As the law required that all persons claiming the right to vote should be enrolled in their respective townships, the following En- rolling Clerks were appointed for each township: Alameda, Charles H. Haile ; Brooklyn, - ; Eden, Joel Russell ; Murray, J. W. Dougherty ; Oakland City, Perry Johnson ; Oakland Township, T. L. Walker ; Washington, J. Shinn.
As a sample of the prolific growth of grain this year, Mr. E. Munion, of Centreville, left at the office of the Alta California, San Francisco, a bunch of white Australian wheat, consisting of 120 stalks, each with a fairly developerl head, all grown from a single grain. This was noticed in the Alta of the 10th of July. The growth was so dense this year that the grain was much affected by rust.
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HISTORY OF ALAMEDA COUNTY.
Under date of July 15th, a correspondent at Centreville wrote to the Gazette : " Labor is in good demand, farmers are in want of bind- ers, white men are scarce, and the result, as might be expected, is a forced necessity to employ Mongolians."
On the 15th of July a notorious cattle thief, named Edwardo Ghiardo, was arrested in a canon near Mount Diablo, by Sheriff Morse.
The weather was very warm in July, and at the Mission of San José on the 18th the thermometer stood at 110 degrees in the shade.
On the 11th of August one Chavoye entered Justice Smith's Court at San Leandro, and surrendered himself for the killing of one Richardo, near Pleasanton, on the evening before.
Following were the Supervisors elected in September, for the en- suing year : Oakland, F. K. Shattuck ; Brooklyn, R. S. Farrelly ; Eden, J. B. Marlin ; Washington, Wm. Threlfall ; Murray, John Green.
On Thursday, the 6th day of September, died at San Leandro Justice Hiram Keeny, an old resident of the county, at the age of sixty years. He came from Indiana in 1852, and had been a resi- dent of San Leandro since 1856.
Sheriff Morse, in attempting to arrest a notorious horse thief, named Narcisso Bojorques, in Sunol Valley, shot him, but the fellow nevertheless escaped. When he first saw the Sheriff, he drew a large navy revolver and snapped it at the officer, but it failed to go off.
A Brooklyn correspondent of the Gazette, who was in the habit of disporting himself under the guise of "Louise " (the freight boat), wrote as follows, under date of October 20th, regarding cheap lots in San Antonio : "Twenty-five dollars will buy a lot 25x140 in the old town plot of San Antonio. This is a cheap investment, and you are required to pay only one-half down, the balance in twelve months. Why, they are worth that to fence in for a corral to furnish the owner with cheap lodgings and plenty of fresh air, with only 'night's diamond blanket ' for a covering." They cannot be had so cheap as that now, by a very long way.
There was a very severe "norther " which blew a perfect gale on the 15th of October. It did much damage to fruit, and blew down the liberty-pole on the Court-house square in San Leandro.
.
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PIONEER STOVE STORE.
JAMES DALZIEL,
-MANUFACTURER OF-
Tin, Copper and Sheet Iron Wares
And Dealer in Medallion, Richmond, and all Best Style Ranges.
1153 BROADWAY, 2 DOORS ABOVE THIRTEENTH ST.
Jobbing of all kinds promptly attended to. Metal Roofing done in the Best Manner.
S. FRANCIS,
Merchant Tailor,
1006 BROADWAY,
Three Doors from Tenth St., OAKLAND.
T THE BEST IS ALWAYS THE CHEAPEST. I get up first-class work for less inoney than San Francisco. Call and satisfy yourself. Remember the place,
Benitz Block, 1006 Broadway.
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16
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A Fine Selection of Foreign and Domestic CLOTHS, BEAVERS and CASSIMERES. for Dress and Business Suits, made in the Latest Style, and warranted to
220
HISTORY OF ALAMEDA COUNTY.
FRENCH, STUART & CO.,
IMPORTERS AND MANUFACTURERS OF
Furniture and Bedding
NICOL BLOCK,
476 Ninth Street, bet. Broadway and Washington Sts.,
OAKLAND.
Parties furnishing will do well to give us a call. Our Stock is large and new, and prices low.
ARTIFICIAL BUILDING STONE, PLAIN AND ORNAMENTAL,
MANUFACTURED BY THE PACIFIC STONE CO., OAKLAND.
CEWERS, Continuous Pipes, Belting Courses, Chimney Tops, Hitching Posts, Carriage Blocks, Window Caps, Sills, Water Tables, Steps, Sidewalks, Fountain Basins, Cemetery Work, Monu- ments, Lot Fencing, Vases, Mosaic Tiles, in any design or color. Cheaper than native Stone.
Works, cor. Second and Franklin Sts. Office, No. 472 Seventh Street.
L. L. LEATHERS, Supt.
F. CHAPPELLET, President.
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UNDER THE STARS AND STRIPES.
CHAPTER XX.
FROM THE REORGANIZATION OF THE COUNTY AGRICULTURAL SOCIETY, IN OCTOBER, 1866, TO THE GREAT EARTHQUAKE OF OCTOBER, 1868.
1866 Continued-Stock Show at Brighton Market, near Haywards- A Horse Race and Gentlemen Jockeys-The County Agricultural Society Reorganized and Officers Elected -- Advent of General O. H. La Grange at San Leandro -- Sycamore Lodge of Odd Fellows Instituted at Haywards-Assessed Value of Property -- Internal Revenue Tax-Death of L. Legrange-Number of Children of School Age-Contra Costa Debt-First Gas-lamp in the County -Semi-annual Statement of County Finances -- Legislation of 1866.
A stock show was held at Haywards on the 31st of October, con- tinuing on the 1st of November. The day was fine and as it was in contemplation to reestablish the County Agricultural Society, there was a large attendance of people from the surrounding country. Judge Hamilton delivered an inaugural address, which gave much satisfac- tion, and was very appropriate for the occasion. There was consider- able racing, and among the matches was one between Wm. Meek's mare "Jane" and Joel Russell's mare "Rose," the owners riding their respective animals, and doing so handsomely. No drinking places were allowed on the ground.
The following officers of the new Agricultural Society were elected to serve for the ensuing year: President, Wmn. Meek; Secretary, C. F. Ward; Treasurer, J. S. Walker; Corresponding Secretary, I. A. Amerman. A Committee on constitution and by-laws was appointed to report at a subsequent meeting. A number of awards were made, but no prizes were offered.
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