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 35
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Colonel Harry Linden died at the residence of his brother-in-law, James Beebe, at Temescal, on the 22d of November. Deceased was forty-three years of age and a native of Pennsylvania. He came to California in 1850, and lived in this county during the greater part of his residence in the State. He was appointed Lieut .- Colonel on Gov. Haight's staff; was at one time Public Administrator of the county, and, for several years prior to his death, served as Commis- sioner of the Third District Court; he was also, until recently, a member of the Board of Commissioners and Treasurer of the Deaf, Dumb and Blind Institute. He was always an active citizen, and took a prominent part in politics, having been an ardent Democrat.
The work of dredging the Oakland bar, under the new contract with Ball's dredger, commenced on the 1st of December.
The very unusual spectacle of a snow-storm was witnessed in this county on the morning of the 3d of December. The storm did not last long, but, while it continued, communicated a chill feeling and bleak appearance. The amount of snow on the ground was trifling -hardly sufficient to indulge in the luxury of snow-balling, which, however, was generally indulged in, Soon the flaky substance was converted into slush, and the unusual meteorological visitor disap- peared, to be remembered as a wonder.
The Harvest Feast of the Temescal Grange, the first grange of the
376
HISTORY OF ALAMEDA COUNTY.
county, held in Oakland on the 4th of December, and the first of its kind, was not largely attended on account of the severity of the weather. The other granges, however, in the county were represented, and a good social time was enjoyed by those who participated in the feast. The fourth degree was conferred, and the work of all degrees exemplified. Interesting speeches were made by Wm. M. Jackson, W. A. S. of the State Grange, from Woodland ; Capt. Wm. M. Haynie, Secretary of Sacramento Grange ; Robert Hellar, W. M. of Eden Grange, Haywards ; John Kelsey, A. S .; W. B. Ewer, A. M., (editor of the Rural Press), and other brothers and sisters of Temes- cal Grange.
The State Legislature met on the 1st of December this year, it being the first Monday of the month. Senator Gibbons voted for the Hon. Wm. Irwin, as President pro tem. of the Senate. The first notice of a measure in the Assembly was Amerman's Re-appor- tionment Bill. Mr. Amerman soon found himself the leader of the Republican minority in the House, a position which his tact, parlia- mentary knowledge and address entitled him to. Mr. Gurnett was given positions on important committees.
The death of the last of the fraudulent Oakland titles-the Kate Hayes' title-which claimed to cover all of Oakland Township out- side of the old charter line, was proclaimed. On Monday, December 8th, the Supreme Court sustained the decision of Judge McKinstry, in favor of the settlers, thus forever setting the claim of Carpentier at rest.
The Hon. Walter Van Dyke received from Washington, on the 11th of December, the appointment of United States District At- torney. Mr. Van Dyke stood high in the councils of the Republican party, having been Chairman of the State Central Committee at the time of his appointment.
A bill was introduced in the Legislature to change the sittings of the Supreme Court from Sacramento to Oakland. Mr. Rogers, of San Francisco, was the author of the bill ; but it did not succeed.
Rev. E. A. Winning, Presbyterian, and Rev. C. W. Anthony, Methodist, lately arrived, were the first stationary Protestant clergy- men in Livermore.
The reports of the several County Assessors at the end of the year showed that Alameda County had attained the proud pre- eminence of being the first rural county in the State, and was second only to San Francisco in population and wealth, surpassing Santa
377
UNDER THE STARS AND STRIPES.
Clara and Sacramento. The population was variously estimated at from 35,000 to 40,000 persons.
The county assessment-roll, for the several parts of the county, was as follows :
Oakland Township, -
- $ 4,279,540
Oakland City,
14,202,630
Brooklyn Township, - 2,678,820
Brooklyn Town, -
2,192,705
Alameda Township and Town, -
1,838,660
Eden Township, -
2,868,505
Town of San Leandro,
396,465
Washington Township, -
3,409,250
Murray Township,
3,287,490
Total, - -
$35,154,065
The total State and County tax was $413,344.16.
FINANCIAL CONDITION OF THE COUNTY INDEBTEDNESS.
Oakland Bar Bonds,
$34,000.00
Oakland Bridge Bonds,
20,000.00
Niles Bridge Bonds, .
15,000.00
Total funded debt,
$69,000.00
Ten per cent. Warrants,
14,102.26
Seven per cent. Warrants,
103,522.87
Total indebtedness, - -
- $186,625.13
The only property owned by the county was the Infirmary and Court-house Block, valued at $18,000.
RAINFALL TO JANUARY IST.
Inches.
Total.
1868-69, -
6.21
20.69
1869-70, -
7.75
19.58
1870-71, -
3.25
12.16
1871-72,
20.15
32.69
1872-73, -
9.55
16.42
1873-74,
10.47
-
During the year 1873 there were placed on record 2,073 deeds and 867 mortgages, besides the large number of releases, liens and other documents.
378
HISTORY OF ALAMEDA COUNTY.
Alameda County Branch
OF THE
Solid in Assets,
Equitable in Rates,
Conservative in Management.
HOME MUTUAL FIRE
Insurance Company.
Cash Assets - Income, 1875 - 495,905.29.
511,654.54.
Cash Capital - $300,000.00.
Prompt in the Adjustment and Payment of Losses.
OFFICE,
No. 924 BROADWAY, OAKLAND,
ALAMEDA COUNTY.
The net Income of this Branch is deposited and invested in Alameda County, as an additional security to policy-holders-a feature peculiar to this Company.
R. H. MAGILL, Manager.
H. A. CRAIG, Secretary.
W. W. HASKELL, Special Agent.
379
UNDER THE STARS AND STRIPES.
CHAPTER XXVI.
-
THE EVENTS OF 1874.
The Green Point Dairy Company Incorporated-Memorials to Con- gress Praying for the Improvement of Oakland Harbor-$100,000 Appropriated-Windstorm in Livermore Valley-Failure of a proposition to Incorporate the town of Berkeley-A Proposition to Annex Alameda Territory to Santa Clara Defeated-Tide Land on Lake Merritt Ceded to Oakland-Third and Last Year of the County Seat Controversy-County Clerk Goodrich Refuses to Audit Contractor Babcock's Bill for Work on Jail-Goes Before the Supreme Court and Decision Favorable to Babcock-The City Council of Oakland Authorized by the Legislature to Deed the Plazas to the County -. Supervisors Reject the Offer-Aid Sought by the City from the Legislature-Views of the County Delega- tion-" An Act to Provide for the Erection of County Buildings in Alameda County and for the Issuance of Bonds Therefor"- Mayor Durant Sends the City Council a Message Suggesting Di- vision-Mass Meeting in Oakland-Proceedings at Sacramento- A Compromise-The Bill Passed and the County Buildings to be Located on the Plazas-The Local Option Elections-The Contest in Washington, Oakland, Brooklyn, Alameda, Murray and Eden Townships-Oakland and Brooklyn Favor the Law-The Other Townships Opposed-Extraordinary Electioneering Scenes-A Majority of 51 in the County for License-The Law Declared Unconstitutional-The College of Letters Investigation-Sundry Matters of Interest-The Granges and Professor Carr-Wharf Finished-Death of Hon. S. P. Wright-Proposed Martinez and Livermore Narrow-Gauge Railroad-Grangers' Reunion-Legis- lature of 1874-5.
The Green Point Dairy and Transportation Company filed its cer- tificate of incorporation in the Secretary of State's Office, on January 6th. The objects of the Company were stock-raising, dairying, etc.,
380
HISTORY OF ALAMEDA COUNTY.
in Alameda County, and navigating the bay of San Francisco and tributaries. Capital stock $250,000, with 500 shares of $50 each. Directors: E. B. Perrin, R. F. Tracy, J. T. Brown, A. L. Gurney, B. B. Minor and G. F. Thornton. Green Point is on the bay, two or three miles from Centreville, in Washington Township, but now known as Dumbarton Point.
The Board of Supervisors, at their meeting January 12th, adopted a memorial to the Senate and House of Representatives of the United State Congress, praying for the improvement of the Oakland Harbor, as follows:
WHEREAS it is now understood by your petitioners that an official survey has been made by officers of the United States for the purpose aforesaid, and that a plan is about to be reported by the Board of Engineers of the Pacific Coast.
Wherefore, Your petitioners, on behalf of the citizens of Alameda County and of the City of Oakland, and in view of the very impor- tant geographical location of the harbor of the City of Oakland, rel- ative to the marine and land traffic and travel connecting the shores of Asia and Europe across the continent of America, and joining the Atlantic and Pacific seaboards of the United States, most respect- fully ask that your honorable bodies will be pleased to grant such an appropriation for the improvement of the harbor of Oakland, Cali- fornia, as may be recommended by the Board of Engineers of the Pacific Coast and indorsed by the Chief of Engineers of the United States Army. And further, your petitioners will ever pray.
The Board of Trustees of Town of San Leandro also memorialized Congress at the same time on the same subject, as well as the City of Oakland, and the result was an appropriation by Congress of $100,000 for the commencement of the work.
A fearful wind-storm prevailed in the county on Jan. 15th. It continued in Livermore all night, commencing at 7 o'clock. Several buildings were badly injured. The grain warehouse, recently built by Joseph Wilkinson, was completely demolished. The blacksmith shop of Hatch & Holmes was also totally wrecked. The frame of the new Presbyterian church, in course of erection, was totally de- stroyed. Barns and poorly constructed dwellings were blown down, but no loss of life occurred. The buildings blown down were loosely- constructed frames, large and open, and such as to easily fall victims to a good blow.
A meeting of Berkeley property-owners was held on Jan. 20th, to
381
UNDER THE STARS AND STRIPES.
consider the question of incorporation. The call was signed by Pro- fessor Durant. The principal property-owners were present, including John W. Dwinelle, A. B. Dixon, Henry Durant, F. K. Shattuck, Chas. Dwinelle, John Kelsey, J. D. Colby, Peter Mathews, E. D. Harmon, John Kearney, James Edgar, H. E. Carlton, Arthur Edgar, Horace W. Carpentier, Capt. Jacobs, Mr. Newell, Peter McGee, Mr. Ashby, Mr. Townsend, James McGee, Mr. Higgins, Mr. Boleta, Mr. Morse, J. T. Fowler, Professor Rising.
Prof. Durant presided and Mr. Kelsey acted as secretary. The object was to consider the question of incorporation. Carpentier sug- gested incorporation with Oakland ; Mr. Dwinelle wanted to keep out of the jaws of Oakland ; Mr. Shattuck said San Leandro was at an expense of only about $500 per year. Judge Dwinelle spoke further in favor of an incorporated town of Berkeley. It was necessary that some system of sewerage should be adopted.
The motion to organize a town was amended to define the southern boundary at the centre of Alcatraz avenue.
A motion of Mr. Kearney to make the northern line of the county the northern point of the town, was next adopted against the pro- testations of Carpentier. The motion to incorporate was lost, finally, and the meeting adjourned, the farmers being unfavorably inclined towards the proposition.
A bill was introduced in the Legislature to take a strip of about two miles off the southern extremity of Alameda County, and annex it to Santa Clara ; but it failed in its object.
The Tide Land Commissioners were about to sell a piece of tide land at the head of Lake Merritt, but by a bill passed in the Legis- lature it was ceded to the City of Oakland.
THIRD AND LAST YEAR OF THE COUNTY SEAT CONTROVERSY.
The county seat conflict opened in January, 1874, in the Supreme Court. It appears that County Auditor Goodrich declined to allow Contractor Babcock's claim for work done on the jail, and the latter applied to the Court for a peremptory writ of mandate to compel the County Auditor to allow his claim. The cause was argued on the 20th of January, when Messrs. Cope & Wilson, Attorneys, appeared for Babcock ; and Chas. A. Tuttle for Goodrich. The various alle- gations in the matter were fully discussed, and the Court rendered a decision in favor of the plaintiff. Subsequently, a bill was passed through the Legislature to allow $1,000 for his costs.
382
HISTORY OF ALAMEDA COUNTY.
A bill was introduced in the Legislature and passed, authorizing the Council of the City of Oakland to deed the plazas to the county for county seat purposes, and empowering the Board of Supervisors to accept them, should they see fit. The plazas, by this Act, were to revert to the city if county buildings were not erected upon them in four years.
At the meeting of the Board held on the 11th of February Mr. Shattuck called attention to the bill, which was read; also a certified copy of a resolution passed by the Oakland City Council, together with a deed of the plazas duly signed, and moved that the deed be accepted. The usual majority were opposed to it. The county members said they were expressing the will of their constituents in refusing to accept the proposition. Mr. Case contended that the lease was not legal. He had no evidence that a majority of the people of the county desired a change; and finally Case moved that the resolution be post- poned indefinitely.
The subject was renewed at the following meeting, held February 13th. Capt. Wilcox said the donation of the plazas was equivalent to $100,000. Mr. Neale said in opposing a relocation he was doing what the people of his township wanted him to do. Mr. Hardy was sorry Mr. Neale's people wanted him to remain in the stench. Mr. Case said the issue at the last election, upon which four of the mem- bers were elected, was the removal question. Between the present location and the plazas there was not much choice in the score of "stink," as the plazas were in the midst of dens of the vilest kind, a gas works, and contiguous to the marsh lands. Capt. Wilcox and Mr. Case indulged in a spicy discussion upon "stench" and the delicacy of the Captain's olfactories. The latter gentleman would urge remo- val, and if necessary advocate force to have the buildings removed. The motion to indefinitely postpone the resolution was put and car- ried by the usual vote of four to three.
This ended the matter so far as the Board of Supervisors were con- cerned. The city had exhausted all its resources in that quarter, and set its mind on legislative relief. What could be done there? The County Delegation at Sacramento could only be partially relied upon. Senator Gibbons had expressed no opinion on the matter, and had made no pledges on the matter when before the people of the county, seeking election. He had, in fact, refused to commit himself, and had consequently met with opposition where he would otherwise have gained votes. He was an Oakland man, to be sure, but then he had
383
UNDER THE STARS AND STRIPES.
the example of Senator Tompkins, who had incurred the hostility of the country people on account of his alleged special advocacy of Oak- land, to warn him. Assemblyman Amerman, until the time of the removal to Brooklyn, had conducted the fight for San Leandro, and it could not be supposed that his support would be forthcoming. Mr. Gurnett alone, of the three delegates, was the only man who could be relied upon to warmly espouse the cause of Oakland in the Legislature, and this, of course, he did.
Then there was the question-"What could the Legislature legally do that had not been already done?" Could it properly interfere in deciding what part of a town a Court-house was to be located in? The matter, at any rate, was to be tested, as Oakland had already exhaust- ed every other resource.
At a meeting of the City Council held February 16th, Mayor Du- rant sent in a message in which he urged the Council to take the ini- tiative in a movement for the division of the county with a view to the erection of the city of Oakland and the adjoining townships into a separate county, to be called the County of Oakland. No action, however, was taken on this message, which no doubt was merely meant as a threat to be put in force under certain contingencies. With the aid of the daily papers, which had very warmly entered into the controversy in favor of the claims of the city, public opinion was aroused to action and the legislative remedy sought.
The best legal opinion was obtained, and a bill drawn up to suit the emergency, at the instance of a committee having the matter in hand, called the Citizens' Union, which consisted of prominent property-owners. By this bill, which was entitled : " An Act to provide for the erection of county buildings in the County of Ala- meda and for the issuance of bonds therefor," the Board of Super- visors was directed to issue 8 per cent. twenty years' bonds, to the amount of $150,000, to be redeemed by an annual tax, which raised $1,000. The Governor was required to appoint five Commis- sioners, who were to have sole management of the money. They were to take possession of the Oakland plazas, and proceed to erect such county buildings as they might deem proper. They were authorized to complete the Jail, then erecting on Block 22, if they saw fit. The bill contained many restrictions, and it was intended that the Supervisors should not have any control over it, or in any way defeat the progress of the work, even by resigning.
Dr. Gibbons introduced the bill without comment in the Senate,
384
HISTORY OF ALAMEDA COUNTY.
and it soon went before the Committee on Corporations. Both sides were advised, and, on the evening of the 3d of March, the matter was discussed. Supervisor Case, E. G. Mathews and Wm. Meek, were heard on behalf of the Supervisors. W. W. Foote followed as counsel for the city, speaking for more than an hour. Then Senator Gibbons declared himself. He was in favor of the bill, but said he had offered a compromise to locate the county seat in the vicinity of Tubbs' Hotel, but the idea was not tolerated. Then followed a speech by Mr. Gurnett, before and after which there was a running cross-fire of assertions and contradictions from both sides.
It will be seen that so far Mr. Amerman had taken no part in this year's internecine warfare. The Sacramento correspondent of the News, Mr. Harwood, who took a very zealous part in the contro- versy, and may be said to have kept the life in it for the Oakland people, wrote very despondingly one day that Amerman would " oppose any legislation intended to break the ring in the Board of Supervisors," and this left the matter in not an altogether encourag- ing condition. The Chairman of the Committee on Corporations, too, was Senator Farley, who, two years ago, had championed the cause of San Leandro in the Senate, in opposition to Senator Tompkins.
On the 5th of the month, the committee met again and heard further statements in reference to the question. The chairman said, on calling the committee to order, the question before them was whether they should take from the Board of Supervisors certain functions they were vested with by law ; whether it was good policy in this case for them to do so.
Supervisor Shattuck appeared and made a full statement of the existing troubles. He cited the example of San Francisco, where the erection of county buildings had been taken out of the hands of the supervisors'and vested in commissioners.
The question of title to the plazas was discussed, when Mr. Shat- tuck stated how the plazas were donated and what they were worth; and Senator Gibbons said the original owners of the town site, Hayes & Caperton, had recognized the plazas as public property, and for twenty years they had been so considered. Mr. Gurnett read a let- ter from Judge Glascock, attorney for Hayes & Caperton, stating that .' he was authorized and would execute any kind of deed that was required. The chairman asked what was the general sentiment of the people on the question. Shattuck replied that they denounced
385
UNDER THE STARS AND STRIPES.
the action of the Supervisors. Senator Laine asked how the vote of the county would stand on the proposition, when Shattuck answered, " two to one." Case asked if the Jail then building would be sacri- ficed. Shattuck then went into a statement of the building diffi- culty ; showed how the Supervisors were elected for three years under the Code ; how they had endeavored to obtain a classification of the Board as to years of service, and been defeated ; and how, under a late decision of the Supreme Court, the Board could raise $400,000 annually by taxation and put up fine buildings at the expense of the people. F. J. Clark, of Livermore, said those who voted for removal in his township were in favor of the plaza proposition. Mr. Shat- tuck said, in Washington Township many representative men were in favor of the Oakland plazas. Case said that the Jail would be com- pleted in thirty days. Senator Gibbons stated that he had received a letter from Samuel Marston, of Centreville, stating that a majority of the people of Washington Township favored the pending bill. Mr. Mathews read an article from the Oakland News, which stated that, if the Brooklyn people would annex to Oakland, her plazas should be included in an offer to the county. Senator Gibbons replied to this that he had offered to compromise in favor of the plaza near Tubb's Hotel, in Brooklyn, a most beautiful location, but Mr. Case paid no attention to the proposition. Case and Mathews said they would be very glad to give up the Court-house and get back their town government, and be once more independent of Oakland. And here follows another pause in the controversy before the final and abrupt close of the protracted farce.
After this Mr. Harwood wrote to his paper that success was quite certain, if the bill was got through the Senate. Gurnett could get it easily through the Assembly, whether Amerman opposed it or not. A day or two after there was suddenly a talk of compromise in favor of the Washington (Brooklyn) plaza, near Tubb's Hotel; then an open declaration that Case would agree to a compromise by which the Jail would remain on Block 22, and the Court-house be built near Tubbs' Hotel; and that Senator Gibbons was a party to the com- promise.
Then came a cry of "treason," and a declaration that Oakland was without a particle of public spirit. There was a sudden awakening, however. Senator Gibbons' course was criticised, and a public meet- ing called by " Many Tax-Payers " on Saturday evening, March 14th, in Brayton Hall, whose rallying cry was "no compromise." Hon.
25
386
HISTORY OF ALAMEDA COUNTY.
Zach Montgomery, on motion of Judge Ferris, was moved to the Chair ; W. D. Harwood and A. W. Bishop, the editors of the News and the Transcript, were appointed Secretaries. Then followed a long list of Vice-Presidents. Judge Ferris moved, the first resolution in- structing " our Senators and Members of Assembly to use their best endeavors to pass, without delay, the original bill in relation to the removal and location of the county buildings, and opposing their location elsewhere than upon the Broadway plazas. Senator Gibbons was called for, but was not forthcoming. Mr. Gaskill said he was at the Grand Central Hotel, and moved the appointment of a committee to wait upon him, and he was accordingly waited upon by Messrs. Gaskill, Wilcox and E. Bigelow. They subsequently reported they had seen the Senator, but he excused his non-attendance on the ground of illness. He admitted being a party to the compromise, and would not pledge himself to the removal to the plazas, as contingencies might arise that would influence him. Mr. Shattuck gave his version of the new development, with which he associated the name of A. A. Cohen. He said Senator Farley would report the bill on Monday, unless he received instructions to the contrary, and expressed the opinion that the people were opposed to any compromise. Judge Blake followed in a speech, wondering at the conduct of Senator Gib- bons, and opposing a compromise. The compromise was to let the Jail remain on Block 22, and pay the Larue estate $12,000 for the land. Hon. R. C. Gaskill followed in a " ringing " speech, condemn- ing the course of the Senator, and declaring the Senate would pass the bill in spite of him. Supervisor Wilcox made a speech in which he described the power of a "stench," and said he would prefer to have the county buildings back to San Leandro, or even Alvarado, than that they should remain where they were. He favored "no com- promise." He accused the members of the Board of Supervisors of telegraphing each other with their thumbs, whenever a vote on this question was taken. Marlin had told him he would vote for the plazas, but when thumbs went up he "fell down." Mr. Foote accused some of the members of the Board with perjury, and spoke encour- agingly of the bill. He believed Dr. Gibbons would withdraw his support from the compromise ; he knew that Amerman, who was a prospective candidate for Congress, would not dare to oppose it ; and Gurnett, he was sure, was in favor of it. The resolution was unani- mously carried, and a committee of five appointed to go to Sacra- mento, to assist in the passage of the Senate bill. The proceedings
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