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 31
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The bill was ordered engrossed by a majority of one, there being 19 for, to 18 against it.
On the 28th of February the vote on the passage of the bill was taken, when there appeared a majority of one against it, Senator Goodall, of Contra Costa, having reversed his former vote. The vote to reconsider, next day, stood 19 to 17 against.
There was rejoicing throughout the county precincts, and the San Leandrans received their lobby back from Sacramento with bon-fires, music and the ringing of bells, followed by a public ball.
But the contest was not yet over. On the 20th of March, Assem- blyman Pardee gave notice that he would introduce a new bill in his House in reference to the subject, but it was not necessary that he should, for the revised Codes provided the means for ending all such disputes, and of these the people of Oakland subsequently availed themselves.
At a meeting of the Board of Supervisors, on September 24th, a petition was presented to that body praying the Board to order an election for the purpose of allowing the citizens of the county to vote on the question of change of location of the county seat. W. W.
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Foote and Wm. Van Voorhies appeared on behalf of the petitioners, and R. B. Moyes and A. H. Griffith, opposing the same. The peti- tion was accompanied by the affidavit of Harry Linden as to the sig- natures upon the petition being those of qualified electors of the , county, and also by the certificate of the County Clerk as to the number of votes cast at the last gubernatorial election. Messrs. Moyes and Griffith opposed the petition upon the ground that the county seat had already been once removed, thereby making it neces- sary that two-thirds of the voters upon the Great Register should sign a petition for removal of the county seat, and Joseph Dumont was sworn and testified that the county seat was formerly located in Alvarado and was removed from there some time in 1854. J. V. B. Goodrich and C. G. Reed were each sworn and testified as to the number of uncancelled names upon the Great Register, both setting the number down at 5,600.
The Board appearing to be dissatisfied as to all the names upon the petition being those of qualified electors, on motion, the petitioners were allowed to withdraw the petition, for the purpose of presenting the same at the next meeting, with the necessary proofs as to all the signatures being those of qualified electors.
At a meeting of the Board of Supervisors, held on the 22d of Oc- tober, Col. Harry Linden again presented the county seat removal petition, signed by over one-third of the voters at the last general election, 1,707 names.
W. W. Foote introduced Col. Linden, who was sworn and testified that he obtained over 1,400 of the signatures on the petition.
Richard Moyes asked Col. Linden to point out the names he had obtained, which was not done.
John Coffee was sworn and testified that he had compared 1,707 names on the petition with the great register, with the assistance of Mr. Collins and Mr. Knox. He could point out all the names as he had marked them.
Mr. Collins was sworn and testified that he had assisted in com- paring about 100 names on the petition, and found them on the great register.
J. V. B. Goodrich, County Clerk, was sworn and testified that the great register presented contained all the names of the voters of the county. He knew that at the last general election 4,060 votes were cast. On examination by Mr. Moyes, he said there were 5,754 names on the great register.
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Mr. Foote said the petition was presented under section 3,976 of the Political Code, under which the petitioners demanded that the Supervisors should act.
Mr. Knox was here sworn and testified that he had compared down to 1,562 of the names on the petition.
The question whether the county seat had been once removed by a popular vote was brought up.
Judge Williams was sworn on this point. In 1855 or 1856 the election was held for the relocation of the county seat from Alvarado to San Leandro. There was no Board of Supervisors at that time, and the Court of Sessions called the election. The election resulted in the removal. The county became a county in 1853. The county seat remained at Alvarado until 1855. A popular vote was taken in that year and it was in favor of San Leandro. Subsequently it was removed back to Alvarado. In accordance with an act of the Legislature, after that, the county seat was again removed to San Leandro.
Supervisor Case moved that the petition be received and the elec- tion ordered.
Mr. Moyes objected on the ground of unauthenticity of the names.
Mr. Griffith argued against the motion. A writ of mandamus compelled the removal of the records from San Leandro to Alvarado. A similar case came up in Sutter County at that time, and the Su- preme Court decided that the Courts of Record must be kept where they were prescribed by law. The District and County Courts must be held at the county seat. The Legislature deemed it their duty to fix the place where the Courts should be held. An election, called by this Board, would amount to nothing. An act of the Legislature must be had. He claimed that the petition did not come up to the requirements. The county seat had been once removed; to remove it again it must be done in the manner prescribed by the act. One- third of the votes of the great register is required. There are 5,754 names on the great register, and the petition contains but 1,453.
At the meeting held on Oct. 7th, W. W. Foote appeared before the Board and stated that the parties who had been at work comparing the names on the petition for the county seat removal had as yet only compared about 800 or 900 names. He stated that in two weeks from then the petition would be presented ; and, if the Board refused to grant the petition, proceedings would be instituted to compel the Board to do so.
Mr. Moyes arose to speak on the question.
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Mr. Shattuck said it was unnecessary to say any more on the subject. He was satisfied that a majority of the Board would vote against the petition.
John Glascock read a decision of the Supreme Court, in the case of Upham vs. the Supervisors of Sutter County, in support of the argument that the Supervisors have the power to order the election.
Supervisor Case called upon the county's legal adviser for his opin- ion on the point as to whether the Board is required to grant an election upon the petition of one-third of the voters of the last gen- eral election.
Mr. Moore said he did not think the present case came under 3,985, but does properly come under section 3,976.
Mr. Moyes requested that Judge Nye's opinion be asked.
Mr. Moore said it was proper for him to state that Judge Nye dif- fered from him.
Judge Nye was sent for and returned word that he thought it bet- ter for him not to give his opinion, as the matter might come before him judicially.
A vote was taken, and the motion lost by the following vote : Neal, Overacker, Clement, Marlin, no ; Case, Shattuck, yes.
The petition was ordered on file.
The next step was to apply to the Supreme Court for a mandamus, which was done on the 12th of November, by Mr. Foote. The Court granted an alternative writ, returnable on the following 19th. It commanded the Board of Supervisors to order an election or show cause for declining to do so.
A demurrer was filed, and on the 19th of November the case was argued before Judge McKee, in the Third District Court; Gen. Irvine, of San Francisco, and A. H. Griffith, of San Leandro, repre- senting the Board, and Wm. Van Voorheis, of Oakland, and W. W. Foote, of San Francisco, appearing for Linden. ' The Court sustained the demurrer, on the ground that Harry Linden was not the proper party to bring the action-he, in fact, having no more interest in the question than any other of the petitioners. The Court held the suit should have been brought in the name of the people.
No further action was had in the matter during 1872 ; but, as will be seen hereafter, a new complication of the matter was in process by the annexation of the Town of Brooklyn to the City of Oakland.
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A meeting was held at San Leandro, on the evening of the 16th of January, to organize a library association, in connection with the Presbyterian Church. It was resolved, on motion of Rev. Mr. White, to call it the San Leandro Library Association.
Assemblyman Crane introduced a bill in the Legislature to encourage the culture of ramie, at which a commencement had already been made in this county.
On Thursday evening, February 20th, the citizens of San Leandro assembled in the Supervisors' room, at the Court-house, to consider the matter of incorporating the town. The meeting was organized by selecting Justice George Smith as Chairman, and J. M. Estu- dillo as Secretary, with David Ury as Vice-President. The Chairman, in a few well-timed remarks, stated the objects of the meeting, after which Dr. Pratt, A. T. Covell, L. C. Morehouse, J. H. Putnam and others made brief speeches on the question, whereupon the boundaries of the district sought to be incorporated were inform- ally agreed upon. It being the sense of the meeting that the town should be incorporated, on motion of A. T. Covell, a committee of five was appointed, consisting of I. A. Amerman, Judge Steph. G. Nye, A. T. Covell, J. II. Putnam and Socrates Huff, to draft an incorporation Act.
One of the important events of the year was the inauguration of the Washington College, at Washington Corners, on the 22d of February, by an invitation ball, which was attended by guests from all parts of the county, numbering over one hundred couples. The certificate of incorporation, filed July 20th, 1871, styled the school " The Washington College of Science and Industry." It is a char- tered college of the State, and a fifth class of the University. The stock capital of thirty thousand dollars was divided into six hundred shares, of fifty dollars each. The projectors of the scheme were Messrs. W. F. B. Lynch, County Superintendent of Public Schools, and Albert Lyser, a teacher in the public schools of San Francisco. The First Board of Trustees consisted of those gentlemen and E. L. Beard, W. Y. Horner, S. I. Marston, H. Crowell, O. Mowry, H. Curtner, and M. W. Dixon. The building then erected was designed as only a wing to the main portion, to be constructed afterwards. It meas- ured 106x60 feet. It contained a dining-room 25x50 feet, and a large kitchen. The College was opened, under the charge of Mr. and Mrs. Harmon, on the 31st of July.
The Central Pacific Railroad Company, in the month of Febru-
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ary, brought suit against the City and County of San Francisco, and the County of Alameda and the City of Oakland, to determine in which county their wharf was situated, and to what corporation they were justly compelled to pay taxes. Much discussion followed, to de- termine the boundary line between the two counties. The services of Surveyor-General Bost, S. J. Clarke, a member of the first Cali- fornia Legislature ; Captain E. F. Rogers, of the Coast Survey ; G. F. Allardt, Chief Engineer of the Tide Land Survey ; Luis Castro, County Surveyor of Alameda, and Col. Coffee were called into requi- sition, and it was finally determined that the end of the wharf was in San Francisco County, and the County of San Francisco competent to collect the taxes from the company.
At the trial of Wm. Steele, indicted for the murder of Silvia Monjes, in Moraga Valley, on the Ist day of July, 1871, which came off at San Leandro, on the 6th of March, in the District Court, on a change of venne, the jury rendered a verdict of not guilty. The prisoner was held on another charge, that of assault with intent to murder Joaquin Moraga, on the 13th of April, 1871, when the plaintiff had his horse shot under him. The defendant was liberated on bail, to appear at the next session of the Court on this charge. The case was tried in the April term of the County Court, and the prisoner found guilty. He was sentenced to pay a fine of $500, or be imprisoned at the rate of $2 per day until paid.
On the 26th of March, about 2 o'clock in the morning, there were several prolonged shocks of earthquake felt throughout the State, which, however, were not sufficiently severe in this section to awaken the people.
Badger's Grand Central Park, in Brooklyn, was opened to the public, for the first time, on the 14th of April of this year, and at once become a favorite resort.
The trial of Rodendo, alias Procopio, one of the worst outlaws that ever infested Alameda County, and who was charged with the larceny of a cow, at Pleasanton, took place on the 25th of April, when the prisoner was convicted. His counsel asked till May 3d for time to show reasons for asking a new trial. On that day the case was argued and application denied. The prisoner was sentenced to the State Prison for the term of ten years.
On the 26th of April, Isaac Yoakum, whose residence was in Brooklyn, but who was complicated in land matters in Contra Costa County, was shot near Moraga Valley, by some person in ambush.
22
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The ball entered his right leg an inch above the knee, but did not prove a very serious wound. Two more shots were fired at him, but he escaped by throwing himself on the ground and rolling down a hill into a gully. He dragged himself along on his hands and one knee toward a milk ranch, and shouted until he made himself heard by the inmates, who conveyed him home.
A mirage was seen around the bay shore of Alameda and Contra Costa Counties, by passengers on board the ferry trains, last Thurs- day, May 2d. It appeared as "a duplicating or double banking of the shore. A warehouse near Point Isabel was magnified several times; the distance was wonderfully shortened, and the old ware- house looked like some mighty fortification, almost near enough to cast a shadow upon the observer. Trees, which were mere scrub oaks, loomed up like grand old forests, presenting a perpendicular bank to the water front, in places apparently from fifty to seventy- five feet in height. As the sun went down the mirage faded out." Nothing of such supernatural strangeness had been seen along the coast line in many a day.
The Hon. E. D. Lewelling died in Napa County, May 2d, aged 31 years. His disease was consumption. He was a native of Iowa, but removed to Oregon with his father's family at a very early age, whence they removed to California, in 1853. He was educated at the College of California. His father was desirous that he should prepare himself for the practice of medicine and surgery, but his tastes did not lead him to pursue that calling, and he became a horticul- turist, in which pursuit he was an enthusiast and achieved more than ordinary success ; probably no man on the Pacific Coast had a better scientific and practical knowledge of his business. Public apprecia- tion of his ability in this line was very properly shown by his ap- pointment by the last Legislature as one of the Commissioners under what is known as Betge's Forest Bill. In 1869 he was elected by a large majority to represent this county as Assemblyman in the State Legislature, and represented the county faithfully and well. He was a young man of high promise and of unimpeachable character ; cor- rect in deportment, affable and obliging in business and social inter- course, honest and unswerving in his convictions. He endeared him- self to a large circle of friends, and was held in high esteem by all who knew him. He was a member of the Independent Order of Odd Fellows and of the Masons, under the auspices of which orders he was buried at San Lorenzo on the 4th of May. In the full flush
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of early manhood, with more than ordinary success in the pursuit and attainment of wealth and worldly honors, with a wide field for the display of an honest ambition for usefulness in the future, his death was particularly sad, and his loss was sincerely mourned by all who had the advantage of his acquaintance.
Elsewhere is given a description of a contest over our western boundary line with San Francisco. A similar contest had for some' time been going on with San Joaquin and Contra Costa. Early in June, of this year, a suit was prosecuted by this county against San Joaquin for the recovery of territory claimed by that county. It was decided in favor of Alameda, but the Code gave it back again to our eastern neighbor.
A terrible accident took place near San Leandro on Sunday, 9th of June. Vincent Cardoz, Frank Cardoz and Minewell Praes, all Portuguese, were at Vincent Cardoz' house, on Chicken lane, just out- side the corporation limits, on the day named, engaged in making fire-crackers. They had a keg of powder for that purpose, and were seated around it, together with the wife and infant child of Vincent Cardoz and the son of Frank Cardoz, all being on the porch or piazza of the house ; by some means a spark came in contact with the pow- der in the keg, which contained about fourteen pounds, and the explosion which followed tore the clothes from the bodies of all the parties, burned the hair from their heads, tore the nails off the fin- gers of one of them, and left them all prostrate. Vincent Cardoz' child, aged about ten months, was so badly injured that it died within four hours. The explosion took place about noon. Medical aid was promptly summoned, but without avail. Those who were present at the scene of the disaster soon after it occurred say the victims pre- sented a most heart-rending appearance. A broken pipe, filled with tobacco, which had evidently been lit and suddenly extinguished, was found near the spot after the explosion ; and the only way the acci- dent could be accounted for is that one of the number was trying to light his pipe when a spark from it came in contact with the powder. The fire-crackers which they were manufacturing were to be used two or three weeks after, in some religious observances peculiar to the Portuguese.
On Tuesday morning, July 29th, about a quarter to one o'clock, a fire broke out near the Post-office, in San Leandro, which destroyed several houses. This was not the worst, for two lives were lost in the burning. The fire broke out in a restaurant belonging to a
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Portuguese, named Manuel Rogers, who lost his life trying to secure some treasure, and a man named Manuel Soars, whom he had employed as an assistant, and to whose carelessness the fire was attributed by the coroner's jury.
At a convention of the Republican party, of Alameda County, held at San Leandro, on the 28th of July, for the purpose of selecting delegates to the Congressional Convention, at Sacramento, the Hon. Nathan Porter, of Alameda, was recommended, after a bitter contest, as the choice of the Republican party of this county. Mr. Porter's name was presented at Sacramento, where he seemed to be the favorite ; but Mr. H. F. Page, of Placerville, was put forward by the friends of the Central Pacific Railroad, and received the nomina- tion.
Mr. William Gagan, founder of the Oakland News, died at his residence in Oakland, on September 14th, of congestive chills. Deceased was a native of Ireland, and was forty-two years of age. Nine years previous he came to Oakland and started the Weekly News, which was Republican in politics, and, for some time after, the only paper published in that city. Before coming to Oakland Mr. Gagan had resided at Syracuse, New York, where he learned the printing business. From Syracuse he went to Pontiac, Illinois, where he published a paper till the breaking out of the war. He took an active part in the politics of Alameda County, placing him- self at once in the front rank of his party. His funeral was largely attended, the services of which were conducted by the Rev. L. Hamilton.
A Farmers' Club was organized early this year in Oakland, which was known by the name of the Oakland Farming, Horticultural and Industrial Club. It held many meetings and discussed many questions of interest. Professor Ezra S. Carr was President of this club, and delivered many useful and interesting addresses at its meetings, which were open to the public. Lectures were also deliv- ered by some of the members, on practical subjects. The meetings of the club continued until the organization of the granges, when most of its members joined the Temescal Grange ..
A Catholic church edifice was erected in Livermore this summer, the first building of the kind erected in the town. There were at this time only two other churches in the township-the Catholic church at Dublin, and the small Protestant church at Pleasanton.
Early in September a movement was set on foot for the purpose of
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uniting the towns of Brooklyn and Alameda with the City of Oak- land. It made little headway at first, but gradually some of the principal property-holders of Brooklyn began to favor it, possessing as a leading inducement the prospect of securing the county seat in case of removal from San Leandro. During the spring, while the Legislature was in session, an effort was made by Hiram Tubbs and others to annex that portion of it originally known as Clinton, in which effort they were aided by a bill introduced in the Legislature by Senator Tompkins. This, however, was a failure.
The new church at Seminary Park, close to Mills Seminary; was completed in September. It is a very handsome edifice, and had for a pastor the Rev. Mr. Lacy, one of the most popular pastors on the Pacific Coast, since deceased.
At a meeting of the Board of Supervisors held on the 7th of Octo- ber at San Leandro, a petition was received from a number of the inhabitants of Brooklyn, asking that an election be ordered on the question of annexing certain territory described in Brooklyn to Oak- land. The petition was signed by A. W. Swett, Benj. Haynes, James Larue, Hiram Tubbs, W. C. Mason, B. M. Atchinson, Wm. C. Glass, J. R. Capell, A. Cannon, L. B. Huff, A. Fonte and John Colfer.
The petition was accompanied by a bond, in accordance with law, signed by Benjamin Haynes. L. B. Huff, Jas. Larue and A. Fonte. The petition was received, the bond accepted and the election called for the 21st of October, to be held in the Town Hall, Brooklyn. The officers of election appointed were A. Howard, Judge ; E. J. Rector and A. W. Swett, Inspectors. The polls to be open from 8 A. M. until sundown.
The election came off according to the appointment of the Board of Supervisors, when there were 186 votes cast in favor of annexation to 73 against. The arguments in favor of annexation were the pro- bability of getting the county seat, as there was a tacit understand- ing of that kind ; and the necessity of a closer union on the part of the people on this side of the bay to advance the improvement of the harbor of San Antonio by the United States Congress, and pro- mote the commercial advantages of the estuary towns. The opposi- tion came from those who feared increased taxation and a neglect of Brooklyn interests in a consolidated city government. The result showed, however, that the more enlarged and enlightened view pre- vailed.
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Following the example of Brooklyn, a number of the citizens of the incorporated Town of Alameda were inspired to present a peti- tion to the Board of Supervisors, at its meeting on the 22d of Octo- ber, asking the Board to order an election to submit to the voters of that town the question of annexation to the City of Oakland of the territory embraced within the corporate limits of said town.
On the announcement of the result of the election to the City Council of Oakland, at a meeting held on the 4th of November, Mr. A. L. Warner presented an ordinance which was read by the Clerk as follows :
AN ORDINANCE approving the annexation of certain territory to the
City of Oakland, in pursuance of an Act entitled " An Act to enable the inhabitants of territory adjacent to any city in this State, to annex the same thereto." Approved, February Ist, 1872.
WHEREAS, the Mayor of the City of Oakland has presented to the City Council of said city a certificate of the Clerk of the Board of Supervisors of the County of Alameda and State of California, together with a certified copy of an order of said Board of Super- visors, declaring that at an election held in the Town of Brooklyn in said county, on Monday, the 21st day of October, 1872, to determine the question of the annexation of certain territory, hereinafter de- scribed, to the City of Oakland, that a majority of the votes had been cast in favor of such annexation ; and that the same be declared as the official canvass ; therefore the City Council of Oakland do ordain as follows :
SECTION 1. The Council of the City of Oakland does hereby ap- prove of the annexation to the City of Oakland of that certain ter- ritory situated in the Township of Brooklyn, in the County of Ala- meda and State of California, which said territory is bounded and described as follows: (Here follows a description of the boundaries of the town of Brooklyn.)
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