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 32

Author: Halley, William
Publication date: 1876
Publisher: Oakland, Cal[if.] : W. Halley
Number of Pages: 658


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 32


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SEC. 2. The City Clerk of the City of Oakland is hereby ordered to transmit a certified copy of this preamble and ordinance, under the corporate seal of the City of Oakland, to the Board of Supervisors of the County of Alameda.


SEC. 3. This ordinance shall take effect and be in full force on and after its approval. E. H. PARDEE,


Passed November 4th, 1872. President of the Council.


Attest: H. HILLEBRAND, City Clerk. N. W. SPAULDING, Mayor. Approved Nov. 4th, 1872.


The Alameda petitioners were H. F. Shepardson, T. S. Fitch, Wm. Horst, Louis Fassking, C. Wilson, L. G. Mead, J. H. Clark, Wm. Simpson, B. H. Ramsdell, John D. Crower, C. R. Rowen, N.


343


UNDER THE STARS AND STRIPES.


W. Palmer, F. Coy, F. Bohmer, John Nobbman, Wm. Severance and William Gibbons.


The Board, in compliance with the petition, ordered an election to allow the people to vote on the proposition to annex Alameda to Oakland, and set the 9th day of November as the day for such elec- tion, which came off accordingly, when it was found that the people of that town did not favor the proposition, it having been rejected by a vote of 141 to 47.


The Hon. Edward Tompkins, Senator from Alameda County in the State Legislature, died at his residence in Oakland, on Thursday afternoon, the 14th of November, in the 58th year of his age. For some months the deceased gentleman had been suffering from ill- health, against which he bore up until the 8th of November, the day after the inauguration of President Gilman of the State University, when he was taken down, and died six days after. His complaint was neuralgic affection of the kidneys. He was a native of Oneida County, New York.


The new Board of Supervisors met at San Leandro, on December 5th. There was no change from the old Board, excepting Mr. E. Bigelow taking the place of Mr. Shattuck, for Oakland Township. Mr. Case continued to represent Brooklyn ; Mr. Clement, Alameda ; Mr. Marlin, Eden ; Mr. Overacker, Washington ; and Mr. Neal, Murray.


Mr. Timothy Rix, father of O. A. Rix, and the first postmaster of Washington Corners, died at his residence in the latter place, on Friday, November 15th, at the advanced age of seventy-seven years. Mr. Rix was a remarkable man, and one of the very first settlers on the Mission Ranch, in Washington Township, having settled there as early as 1850.


The most important county improvement during the year was the construction of the Niles bridge, which crosses the Alameda near the railroad junction. The breadth of the river bed here is about 400 feet. The length of the bridge is 414 feet, with twenty-four feet of filling in at each end. The roadway is eighteen feet wide, with the planking laid transversely. The elevation from the water is twenty feet. The framework, which is composed of heavy timbers, rests on four tubular abutments and four tubular piers, 134 feet apart. C. T. Arnold, of Oakland, was the engineer of this work; and the builders, the Pacific Bridge Company, of Oakland. The cost of the structure was $15,000. It was accepted by the Supervisors on the 10th of October.


344


HISTORY OF ALAMEDA COUNTY.


One of the important events of the year was the laying of the corner-stone of the Agricultural College of the State University Building, at Berkeley, on the 9th of October. The day was a most auspicious one, and a large number of persons were present.


The legislation of 1872 was as follows :


An Act incorporating the town of Alameda.


An Act repealing an Act creating a county tax for the destruction of squirrels and gophers.


An Act to construct a bridge across Alameda creek.


An Act to construct a bridge across San Antonio creek.


An Act to prevent the propagation of Canada thistles.


An Act declaring creek at Warm Springs Landing, in Washing- ton Township, navigable.


An Act relating to salary of District Attorney.


An Act legalizing certain Oakland ordinances.


An Act relating to salaries of certain fixed officers. An Act to prevent poaching in Alameda County.


An Act relating to levy of road and bridge tax.


An Act relating to duties of Road Commissioners.


An Act to pay certain claims against road fund of Washington Township.


An Act to enable Trustees of Mountain View Cemetery Association to mortgage land.


An Act to enable Oakland Cotton Manufacturing Company to change its name to California Jute Manufacturing Company.


An Act relating to roads and highways in Alameda County.


An Act fixing the salaries of certain county officers.


An Act incorporating the town of San Leandro.


An Act restricting the herding of sheep in Alameda County.


An Act relating to delinquent taxes in Alameda County.


An Act to authorize the Treasurer to pay certain claims against the county.


An Act concerning wharves not to apply to Alameda County.


An Act relating to the City of Oakland. To be exempt from taxes for bridges-to provide funds for-Oakland City Wharf fund- salary and general funds-ordinances of legalized-exempt from road tax-county road tax collected in-to provide funds for school department-tax for improvement of streets-taxes delinquent in- exempt from road and bridge tax-special tax-duty of Treasurer.


345


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OAKLAND REAL ESTATE !


KOENIG & BRINCKMANN,


472 Seventh Street,


Bet. Broadway and Washington, (Newland's Hotel Building.)


ate and


ouse Brokers,


Respectfully offer their services to their many friends and the public generally. All those entrusting us with their orders can rely upon conscientious and prompt execution.


Money to Loan


IN SUMS TO SUIT, ON APPROVED SECURITY,


At Ten per cent. per annum


346


HISTORY OF ALAMEDA COUNTY.


THE OAKLAND Real Estate Union


Ofers Houses for Sale on the Installment Plan.


FOR TERMS ETC., APPLY AT THE OFFICE,


Room 12, Wilcox Block, Broadway, Oakland, WM. H. JORDAN, Manager.


REAL ESTATE!


T. B. BIGELOW, E. BIGELOW and WM. K. ROWELL, 900 Broadway, Oakland.


General Agents for buying and selling property, and managing the same.


At this office can be found some of the most desirable business and residence property in Oakland, Brooklyn, Berkeley and vicinity, on the most favorable terms.


SPLENDID


BUILDING LOTS,


Upon high rolling ground, only twelve minutes' walk from the Adeline-Street Station. Horse Cars pass near these lots every seven minutes. They are rapidly increasing in value. FOR SALE BY


E. J. KELLY,


414 Seventh Street, Oakland.


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CHAPTER XXV.


- -


THE EVENTS OF 1873.


- -


Report of the United States Engineers on the Goat Island Terminus Proposition-Death of Wm. Mendenhall, an old Pioneer of the County-New Sunday Law-Fattening Cattle at the Beet Sugar Mill-Second Year of the County Seat Controversy-An Election Ordered-Oukland Wins-Block 22, Brooklyn, Selected-Oakland Improves Her Offer-Temporary Buildings Erected in Brooklyn -San Leandro's Farewell-An Injunction Asked For-Dismissed by the Judyes-The County Re-districted into Supervisor Dis- tricts, and Oakland Gets Three out of Seven Supervisors-War Wayed Between the Two Parties-The Legislature to be Again Appealed to by Oakland-End of the Second Year's Conflict- The Epizootic-Narrow-Gauge Railroad Propositions-An Offer- ing of Trees-A County Map Wanted-Death of " Oldl Umbre" -Oyster Culture in Alameda-Bartolo Supelveda Gives Himself Up, and is Tried and Convicted-A New Trial Granted-May Day Festivities-Corner Stone College of Letters Laid-Troubles of Settlers in Murray-Division of the Las Poscitas Rancho-A Scotch Company Purchase the Salt Marsh-Progress of Reclama- tion-Fourth of July Celebration-Application for a Railroad Franchise from Mission San José to Oakland-Fire at Pleas- anton-A Diminutive Specimen of Humanity-Geo. M. Pinney a Candidate for State Senator-Acts as Chairman of the Repub- lican Convention-Contract for a County Map-Conventions and Candidates-Result of the Election of 1873-Judge Nye Delivers a Charge Against Bribery-Good Price for Grain-The Uni- versity Opens at Berkeley-New Time Table-Half-Hourly Trips -Contract for Dredying the Creek-County Teachers' Institute -Judicial Election-Livermore Grange Organized-Long Court Calendar-County Assessor Hunt Arrested-No Commissioner of Highways-Death of Rev. Mr. Buel-Trial of Flores-Strike Amony the Vegetarians-Death of Harry Linden-Snow Storm


348


HISTORY OF ALAMEDA COUNTY.


-Harvest Feast of Temescal Grange-Proposition to Remove the Supreme Court to Oakland-The Kate Hayes Title Dead-Hon. Walter Van Dyke, U. S. District Attorney-Alameda Members in the Legislature-Amerman's Reapportionment Bill-Alameda at Last Outstrips Santa Clara and Sacramento-What the Assessment Roll Showed-Financial Condition-Rainfall-Deeds and Mort- gages.


In January, the Board of United States Engineers for the Pacific Coast, in their report to Brig .- General Humphries, at Washington, with reference to the adaptability of Goat Island as a railroad ter- minus, after discussing the various points at issue, and deciding against granting the use of the island for railroad and commercial purposes, concluded as follows :


Having thus reported our views upon the questions submitted to us by the Chief of Engineers, we feel at liberty to make a few general remarks on the subject. Our reasons heretofore urged against granting a portion of Yerba Buena Island for railroid and commercial purposes are two-fold. First, the military objection ; second, the probable injury to the harbor by the occupation of this island for railroad and commercial purposes. These are the only reasons we have urged against the cession ; we think, however, that it can be clearly shown that Yerba Buena Island is in no sense a convenient or proper location for the end of a great railroad. First, it is not convenient, because it is in the middle of the Bay of San Francisco. It has to be approached on one side by a ferry, and on the other by an expensive bridge three miles long. Both of these means of transit must prove very inconvenient. Second, the position here will not be economical, because of the cost of a bridge from the Oakland shore to the island. The cost of this bridge, resting on stone piers, even with a wooden superstructure, would be at least $5,000,000. Now, the interest on this sum, at seven per cent. per annum, is $350,000. Add the annual cost of the maintenance of bridge, etc., say $20,000, and we have the annual cost of bridge and maintenance $370,000. This sum is sufficient to maintain a free ferry between San Francisco and Oakland, consisting of three first- class ferry boats. The time of transit, whether of passengers or freight, from San Francisco to Oakland, would not be greater by ferry all the way than it would be by ferry to Yerba Buena Island, and thence by bridge to Oakland. But it may be said there is no good harbor, with sufficient depth of water on the Oakland shore. This is granted; but a good harbor may be made here, capable of accom- modating forty large ships at one time, by dredging out San Antonio creek and the approach to it, for one-half the cost of a bridge from Oakland to Yerba Buena Island, and if the general government is


349


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disposed to assist the railroad in establishing its terminus in deep water, we believe the better way will be to bring the deep water to the Oakland shore. If this be the case, and we think it susceptible of proof, then the railroads leading eastward from San Francisco would have a natural terminus on the mainland, free from the ob- jections attaching to a terminus on an island-free from the expense, inconvenience and risks of a bridge three miles long-free from com- promising the defense of San Francisco and Oakland, in time of war, and free from all danger of injury to the harbor by obstructing the natural currents, and causing extensive shoals in the Bay of San Francisco. Respectfully submitted,


(Signed) G. H. MENDELL, Major of Engineers. SEAFORTH STEWART, Lieut .- Col. Engineers. B. S. ALEXANDER, Pres't Board Engineers Pacific Coast. JOHN H. WEEDON, First Lieut. Engineers, U. S. A.


Wm. Mendenhall, of Livermore, a respected citizen, and one of our oldest pioneers, departed this life on the 12th of January, at the advanced age of seventy-eight years and eleven months. Deceased was a native of Tennessee, where he resided until he had reached the age of nineteen, at which time, the war of 1812 breaking out, he entered the service in the Ohio militia, and was present at the battle of Queenstown as private under Captain McClennard, for which serv- ice he was pensioned by the United States Government up to the time of his demise. Noble and kind-hearted during his lifetime, in death he was mourned by his relatives and many friends as one who had bravely done his duty in the battle of life, as well as in the pro- tection of his country, and who now is gathered to his fathers to enjoy that everlasting peace that is ever the reward of the good and the just. Funeral services were conducted by Rev. ----- , of San José, at the residence of his son Martin ; whence the remains were conveyed to their last resting-place at "Oak Knoll," this being the first interment in the new cemetery-the old burial place having been abandoned, owing to its unfavorable locality.


A new Sunday law, which required the closing of saloons on the Sabbath, went into force at the beginning of the 'new year. It was, at first, generally observed, but, in course of a few months, got to be disregarded, and business went on as before.


Attached to the Beet Sugar Mill, at Alvarado, were large cattle sheds where 350 oxen, belonging to Miller & Lux, were fattening.


350


HISTORY OF ALAMEDA COUNTY.


There were two large cattle sheds, some 500 feet long, with a tram- way through the centre of each, and on each side of these tramways were arranged stalls where the oxen were brought in and securely fastened with chain halters, and were usually kept for months, or until they became fattened sufficiently for the market.


SECOND YEAR OF THE COUNTY SEAT CONTROVERSY.


At a meeting of the Board of Supervisors, held on the 3d day of February, the county seat controversy was reopened. Messrs. W. WV. Foote and Col. H. Linden appeared before the Board and asked that an election be ordered. Col. Linden and R. G. Knox were sworn and testified to the names on the petition. Supervisor Bigelow moved that an election be ordered ; seconded by Mr. Clement. Ayes -Bigelow, Clement, Case. Noes- Marlin, Neal, and Overacker. Motion declared lost.


It will be noticed by this vote that matters had assumed an altered aspect, since the matter was last brought before the Board. The consolidation of Brooklyn with Oakland had changed the vote of Mr. Case, and it will be seen the Alameda Supervisor, Mr. Clement, changed with him. The supposition that Brooklyn would be the part of Oakland selected for the county seat in case of removal by a vote of the people, was the cause of this.


The day, however, was near at hand when the Board could no longer refuse an election, as Mr. Foote, who was conducting the county seat cause for the City of Oakland, had procured an order from the Supreme Court, commanding the county authorities to call an election. He therefore appeared at the meeting of the Board, held on the 17th day of February, and served on the Chairman a certified copy of an order of the Supreme Court, directing a peremp- tory writ of mandate in the matter of the county seat removal.


Supervisor Clement moved that an election be called for Saturday, March 29th, 1873, and that the Clerk be directed to give the proper notice of the election. Ayes-Bigelow, Clement, Neal, Overacker, and President Case. Noes-None. Not present, Marlin.


The following election proclamation was the result of this order :


STATE OF CALIFORNIA, COUNTY OF ALAMEDA. S


A petition having been heretofore presented to the Board of Super- visors of the County of Alameda, signed by more than thirteen hundred and fifty-five qualified electors of said county, praying the


351


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Board of Supervisors to order an election, to be held to determine the question of removing the county seat of Alameda County from the place where it is now fixed by law, and to determine to what place it shall be removed, And it having been determined and established satisfactorily, and it appearing to the Board that said peti- tion does contain the requisite number of names of qualified electors, and is in all respects in compliance and conformity with law, it is therefore ordered by the Board that a special election be held in the County of Alameda, on Saturday, March 29th, 1873, to determine whether or not the county seat of Alameda County shall be removed from the town of San Leandro, in Alameda County, the place where the same is at present located by law, and to what place the same shall be removed. Said election to be held and conducted, and the returns made in all respects in the manner prescribed by law for gen- eral elections in said county.


At such election each elector must vote for the place in the County of Alameda which he prefers as the seat of justice, plainly designat- ing it in his ballot. And it is further ordered by the Board that, at such election, the election precincts, polling places and officers of elec- tion of each precinct in said county shall be as follows : [Here fol- lows the usual description of places constituting election precincts, polling places, officers of election, etc.]


By order of the Board of Supervisors.


J. V. B. GOODRICH,


Clerk of the Board of Supervisors of Alameda County. By C. G. REED, Deputy Clerk.


San Leandro, Feb. 25, 1873.


The result of the election was looked upon as a foregone conclu- sion, as it had become apparent that a majority of the electors of Brooklyn would favor removal, under the new aspect of affairs, and probably a majority of those of Alameda. The contest was kept up, however, with spirit, until the day of election ; and, although it looked like facing the inevitable, the San Leandrons were not willing to give up the battle or slacken their efforts. They had an idea that there was a serious breach in the Oakland camp, on account of the choice of location, which would militate in their favor ; and there is no doubt that, for a time, the friends of the City Hall and the friends of the Plaza location carried on a pretty warm contest ; it was, there- fore, they hoped, among the possibilities that a breach would redound to the advantage of the bucolic town. Brooklyn, too, was expectant, supported by a large number of citizens, but she put no ticket in the field, the result of a compromise with the Oaklanders, who had threatened to place " Oakland Township" on their ballots instead of " Oakland City," which latter included Brooklyn as well as the old


352


HISTORY OF ALAMEDA COUNTY.


section of the city. To make the election more certain, however, a number of Oakland citizens went before the City Council with the proposition embodied in the following resolution, which was read, and, after some discussion, in which the Council was assured by promi- nent citizens that money sufficient to fulfil the promises in the reso- lution should be placed at the disposal of the Council, it was adopted :


"That in case the people of the county vote for the removal of the county seat, the Council hereby tender the county the free use of the unoccupied portion of the City Hall, the same to be furnished by the Council, within sixty days after notice by the Supervisors. And that whenever the Supervisors deem it expedient to erect buildings, the Council will then dedicate public squares on Broadway for county purposes. And, in the meantime, to secure the county records, the Council will cause to be erected a fire-proof building adjoining the City Hall, for the use of the county, free of charge. And that we are opposed to a division of the county."


The following petition, signed by six hundred persons, was here read :


TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF OAKLAND:


We, the undersigned, residents and property-holders in the city of Oakland, respectfully ask that your honorable body offer to the Board of Supervisors of Alameda County, for temporary county purposes, for such length of time as the said Board may deem proper to meet, the use of the City Hall of said city, and as much land immediately adjacent thereto belonging to said city as may be required for the erection of such other buildings as may be found necessary to the pro- per and safe management of county affairs. Also, that your honor- able body offer to the said Board the two plazas fronting on Broad- way, between Fourth and Fifth streets, in said city, as permanent location for such county buildings as said Board may in future see fit to erect thereon.


On the other side it was argued that this offer was of no avail-that the finishing of the City Hall would only be for the benefit of Oak- land-that the latter had no authority or power to offer the plazas mentioned-that they were bestowed as a gift for certain specific pur- poses, from which they could not be diverted. Another argument was that in case of removal very costly buildings would have to be erected to conform with the growing importance of the city of Oak- land, at the expense of the county at large.


The election took place on the day designated ( April 29th), with the following result, which it will be seen was largely on the side of the city :


353


UNDER THE STARS AND STRIPES.


Precints.


Oak- land.


Scattor- ing.


Total.


Alameda,


53


136


Brooklyn,


293


109


1 403


Oakland Precinct No. 1,


727


15


-


742


Oakland Precinct No. 2,


- 643


5


648


Oakland Precinct No. 3,


- 247


9


1


257


Temescal, -


167


4


171


San Leandro,


7


157


164


Haywards,


2


229


231


San Lorenzo,


3


45


30


78


Mission San José,


16


50


11


77


Centreville, -


18


126


144


Alvarado,


12


99


4


115


Pleasanton, -


19


88


17


124


Livermore,


45


134


25


204


Altamont,


2


27


29


Totals,


- 2,254


1,180


89


3,523


Total vote for Oakland City,


2,254


Total vote against Oakland City,


1,269


Majority for Oakland City, -


985


-


-


-


In compliance with the result stated, the Board of Supervisors visited Oakland on the 5th day of April, to make choice of the de- sired location. Three places were suggested and urged, viz .: the City Hall, the Broadway plazas, and the old town of Brooklyn, or East Oakland. At the latter place it was understood that Independence Square was available, or in the failure of that, the Larue estate would. donate a suitable block for county seat proposes.


The members of the Board were accompanied by several prominent tax-payers from the various townships, and after viewing the city and having conversed with the various deputations that waited upon them, including Mayor Spaulding, Councilman Ferris, Ex-Supervisor Shattuck, Councilman Larue, Judge Glascock, etc., they adjourned to meet on the following Monday at San Leandro, when it was under- stood they would determine their choice.


After the noon recess the matter was taken up. Councilman La- rue, on behalf of the executors of the Larue estate and the people of Brooklyn, handed in an offer donating for county purposes a certain block of land on Adams Avenue, numbered 22 on the map of the old town of San Antonio, and an offer of $10,000 in coin, accompa- nied by properly executed bonds.


23


San Leandro. 83


354


HISTORY OF ALAMEDA COUNTY.


Judge Glascock appeared on behalf of the City Council of Oak- land, and read to the Board the resolutions offering to the county the use of the upper portion of the City Hall so long as they might re- quire the same, and promising to place it in a fit condition for recep- tion. The resolution also promised the erection of a fire-proof Hall of Records on the City Hall property, free of charge, and the dona- tion in addition of two blocks of land known as the Broadway plazas, the whole or part of which to be at the disposal of the county. He stated that there were gentlemen present, Mayor Spaulding and others, who would give their bonds in the sum of $50,000 as a guar- antee that these offers would be faithfully carried ont.


Mr. Leonidas E. Pratt, attorney of San Francisco, appeared on behalf of the Brooklyn people, and stated that the offer of the exec- utors of the Larne estate and the gentlemen who had signed their names to the bond, viz : Messrs. A. W. Swett, F. Schimmelpfennig, Crist & Rued, Charles Derby, Henry Hampel, J. F. Keller, Antonio Fonte, F. A. Rogers and Duncan Cameron, was a substantial one, about which there need be no fear of litigation or trouble ; on the contrary, he declared the offer of the Oakland City Council an empty one, inasmuch as the city had no title to the plazas nor any power to divert the city property to any other use than that for which it was originally intended. President Case stated that the Board having heard all the propositions that were made, were now prepared to make a choice.


Mr. Elijah Bigelow, Supervisor from Oakland, thought time should be taken for further consideration, and moved that the matter be laid over for one week.


Supervisor Clement, of Alameda, proposed a resolution accepting the offer of the executors of the Larue estate on Adams street, donating block No. 22, of the late town of Brooklyn. The resolu- tion was seconded by Supervisor Marlin, of Eden, and on a vote being taken it was found there were five out of six of the Supervisors in favor of it, and but one-Mr. Bigelow-against it.




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