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 9
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The lower portion of the peninsula of Alameda was laid out as a town in 1852, by Messrs. Chipman and Aughenban. Damon and Clark had established their landings in Brooklyn Township. Moses Wicks, T. W. Mulford, and Minor and Wm. Smith had " squatted " on the border of the bay, near San Leandro. Captain John Chisholm and Captain William Roberts had started landings, erected ware- houses and commenced freighting at San Lorenzo, where they took up land, and sailed sloops along the bay, between San Francisco and New Haven. After them came "Bob " Farley, and the founders of " Squatterville "-the Blackwoods, Cranes, Kennedys, McMurtrys, Campbells, Harlans and Johnsons.
In 1852 Chas. Duer, Alex. Peterson, Fritz Boehmer, Geo. Meyer, William Field, Joel Russell and others took up land at Mount Eden, that was then open and apparently unoccupied, except by wild cattle. Then, too, Captain William Hayward pitched his tent on the pleasant site of Haywards, which was only known as Castro's Ranch, and many others followed him to occupy the beautiful valley beyond. In 1852, A. M. Church had returned from a trip to the East, and settled at New Haven, where he "started store," and soon had
plenty of customers. Wm. Blacow and John Threlfall were estab- lished at Centerville, and others soon gathered around them ; Tim Rix had located his zinc house, where Montrose now lives ; John M. Horner, our first farmer, had gathered his brothers about him, and was farming on a large scale ; Ned Nehaus and L. P. Gates had land rented from Tyson and Morrison, already possessed of their acres between Niles and the Mission. There were besides the Combses, and Haleys, and Marstons, and Watkinses, and Chamber- lains, and Breyfogles, and Beards, and Briers, and Cranes, and Broders, and Moores, and Palmers, and Ellsworths, Smiths and Huffs. Further south, near the Warm Springs, had already settled the Columbets, Geo. W. Peacock, Henry Curtner and Thos. W. Millard,
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HISTORY OF ALAMEDA COUNTY.
well-known citizens. Michael Murray had appeared on the scene at Amador, and with him his friends Fallon and others. J. W. Doherty, John Scarlett and William Glasskin had also taken up their resi- dences in the same place. James Johnson was even then in the "sheep business "-a pioneer in that line with " Old Man Murray," Allen, and "Captain Jack " O'Brien, who had pitched his tent in Corral Hollow. J. West Martin, the Kapp Brothers and John English had commenced to cultivate the rich mold of the Santa Rita Rancho. J. W. Kottinger had laid the foundation of Alisal or Pleasanton ; Green Patterson was residing in the old Livermore House in the valley ; and Zimmerman was in charge of that outpost of our civilization, the Mountain House.
It is impossible to here enumerate all the pioneers that had come into the county at this time, and the names of many men of worth and influence are of necessity omitted. Suffice it that the foundations of this new section of the commonwealth were laid well and strong; that a body of hardy, sterling, intelligent and determined men had resolved to make this their home, to plant their vines in the soil, grow their fig trees, and raise their children in the principles of liberty, peace, knowledge and virtue.
The great trouble with most of the settlers at the start was the un- certainty of their tenures and the amount of litigation they were com- pelled to enter upon. The question was between Mexican grants and government land. That the wild cattle would attack their tents or knock down their shanties was not so serious a matter as this. Every thing they required was enormously high, and the markets were un- certain. What was a remunerative crop one year would be ruinous the next. Those who rented land gave up one-half of its yield in payment. Wheat, potatoes, barley and onions were the most pro- fitable. The nature of the soil not being well known, the proper mode of cultivation was not always pursued. Some who lost by their agri- cultural ventures would repair to the mines to make good their re- verses. Those who had planted barley the first years made well. It brought as high as 12} cents per pound in the Spring of 1851. The first year the blackbirds were so destructive that some gave up in despair and sold out. Farm help commanded $4 per day. Squirrels and grasshoppers were annoying. Mills had to be provided, agricul- tural implements purchased, and houses built. Those who planted potatoes in 1852 made fortunes, and those who planted them in 1853 lost fortunes. The first year potatoes realized a thousand dollars an
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acre. John M. Horner raised immense quantities both years. The second they did not pay for sacking, and were allowed to rot on the ground. The second crop of wheat, that of 1853, compensated for the loss of the potatoes. It was very large, some of the land pro- ducing as high as seventy-five bushels to the acre! It was so heavy that it lodged, and had to be cut by hand. It realized 82 cents per pound at the mill. Many of the settlers had to pay twice for their land. . There was a good deal of trouble about cattle-stealing, and several persons convicted á la vigilante, were summarily dealt with and hung.
The first election of officers for the new county took place in May, 1853. Although parties were organized throughout the State as Whigs and Democrats, politics did not enter into the contest, and any man who considered himself qualified to run, entered the lists for office. There were from three to six candidates for each position, and the election was spoken of for years afterwards as the " steeple chase." So little regard had previously been paid to the proper names of persons, that until the election some were known only by nick-names. Thus, the gentleman who had conferred upon him the inelegant alias of "Tom Snook," emerged from the contest as A. H. Broder, Esq., Sheriff of Alameda County.
Following are the names of gentlemen elected to fill the various offices designated by the Organic Act :
A. M. Crane-County Judge.
A. N. Broder-Sheriff.
Wm. H. Combs-District Attorney.
A. M. Church-County Clerk.
J. S. Marston-Treasurer.
Jos. S. Watkins-Public Administrator.
Wm. H. Chamberlain-Coroner.
H. A. Higley-County Surveyor.
Geo. W. Goucher-County Assessor.
W. W. Brier-County Superintendent.
Jacob Grewel, who had been elected for two years in 1853, contin- ued to act as joint Senator for the three counties of Contra Costa, Alameda and Santa Clara, until 1855, and Joseph S. Watkins was our first choice for Assemblyman for Alameda County, while F. M. Warmcastle was elected for Contra Costa.
The County Judge was also Judge of the Court of Sessions, and the District Judge was Craven P. Hester. The Third Judicial
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HISTORY OF ALAMEDA COUNTY.
District then embraced the Counties of Alameda, Santa Clara, Santa Cruz and Monterey. Now it only embraces Alameda and a district of San Francisco.
By an Act of 1853, the salary of the County Judge was fixed at $2,500 per annum, and the compensation allowed the Associate Jus- tices was $8 per day when in actual attendance at the terms of the Court.
EUREKA
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W. F. BOARDMAN,
CIVIL ENGINEER and SURVEYOR General Land Agent,
-- AND --. . ASSESSOR FOR OAKLAND TOWNSHIP. OFFICE, ROOM 3, COURT HOUSE.
NEWSOM BROS. ARCHITECTS ETC.
Room 10 Benitz Block,
Bet. Tenth and Eleventh Sts., (East side.) OAKLAND.
WM.STOKES,
ARCHITECT,
Office, Room 4, - -
. WILCOX BLOCK.
REFERENCES.
F. Delger,
C. B. Rutherford, W. K. Rowell, A. J. Snyder,
A. C. Henry,
P. Thompson,
G. W. Dam.
W. G. KING,
CIVIL ENGINEER & SURVEYOR
ROOM 9, BENITZ BLOCK, OAKLAND.
Publisher of King's New Map of Oakland and Vicinity.
A. G. LAWRIE,
SEARCHER OF RECORDS
COURT HOUSE,
OAKLAND.
G. W. McKEAND, SEARCHER OF RECORDS OFFICE,-
Cor. Broadway & Fourth Sts.
Near Court House,
OAKLAND.
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HISTORY OF ALAMEDA COUNTY.
P. H. MCGREW,
Blacksmith, Horse-Shoer,
CARRIAGE MAKER AND REPAIRER,
Thirteenth Avenue, Near Railroad Depot,
BROOKLYN.
Manufacturer of all kinds of Iron work for Building purposes, and Esti- mates made for the same.
All work warranted to give entire satisfaction.a
Remillard & Brothers, BRICK MAKERS, CONTRACTORS,
AND DEALERS IN
Plastering Elaterials.
OFFICES : CITY WHARF, near Webster Street Bridge; ROOM No. 10,
WILCOX BLOCK, BROADWAY, OAKLAND; AND
Washington Street Wharf,
San Francisco.
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CHAPTER XIV.
BEGINNING AND END OF THE COURT OF SESSIONS AS A MUNICIPAL LAW - MAKER-AN EPITOME OF ITS PROCEEDINGS FROM THE SIXTH DAY OF JUNE, 1853, TO THE TWENTY - SECOND DAY OF JANUARY, 1855-FIXING TOWNSHIP BOUNDARIES, GRANTING LICENSES, LAY- ING OUT HIGHWAYS, AND APPOINTING ROAD COMMISSIONERS AND SUPERVISORS-ITS CONTRACT WITH HORACE W. CARPENTIER, PER- MITTING HIM TO COLLECT TOLL ON THE TWELFTH STREET BRIDGE -AS A COURT OF EQUALIZATION-ALLOWING BILLS-ESTABLISH- ING VOTING PRECINCTS- SETTLING CLAIMS OF CONTRA COSTA AND SANTA CLARA, ETC.
The first regular term of the Court of Sessions of Alameda County was holden in the Court-room in the Town of Alvarado, on Monday, the 6th day of June, A. D. 1853, before the Honorable Adison M. Crane, County Judge ; A. M. Church, Clerk ; Andrew H. Broder, Sheriff; and William H. Combs, Esq., District Attorney of said county.
In pursuance of a call of his honor the County Judge, there appeared A. W. Harris, I. S. Long, David S. Lacey, A. Marier, and John McMurtry, all the qualified Justices of the Peace of the county, who proceeded to the election of two of their number to serve as Associate Justices of the Court of Sessions for the current year ; and, upon counting the ballots, it appeared that David S. Lacey received five votes, I. S. Long received three votes, and A. W. Harris received two votes ; whereupon the said David S. Lacey and Isaac S. Long were declared duly elected as such Associate Justices ; who then appeared and produced their certificates of election, and took their oaths of office and their seats as Associate Justices of said Court.
William H. Combs, Esq., produced a license from the Supreme Court of the State of Indiana as Attorney and Counsellor at Law, bearing date the 25th day of May, 1849 ; and thereupon, the Court being satisfied that the said William H. Combs was a man of good moral character, admitted him as the Attorney and Counsellor of the Court, and was sworn as such.
The county was divided into six townships, as follows :
Ist. The Township of Oakland, the boundaries whereof were the
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HISTORY OF ALAMEDA COUNTY.
same as prescribed and specified in Chapter 107 of the Statutes of this State for 1852.
2d. The Township of Contra Costa, which was bounded on the north by the north line of the county ; on the west and southwest by the west line of the county and the northeast line of the Township of Oakland ; commencing, for the southern boundary, at the north- west corner of Oakland Township, and thence running southeast along the northwest line of said township to the Indian Gulch ; thence up said gulch easterly to the summit of the mountains; thence east to the east bounds of the county; thence northerly along said east line to the northeast corner of said county.
3d. The Township of Clinton, which was bounded on the north · by the Townships of Oakland and Contra Costa ; on the west by the west line of the county ; and for the south and east boundaries, com- mencing at the point where the United States surveyed township line, passing east and west between the San Leandro and San Lorenzo Creeks, cross the west line of said county ; and thence running east along said township line to the summit of the coast mountain range ; and thence north to the east of the county ; and thence along said line to the place of beginning.
4th. The Township of Eden, which commenced for a boundary thereof at the southwest corner of Clinton Township, and thence running east along the south line of said township to the summit of the Coast Range of mountains ; thence along said Coast Range sum- mit southerly to the Alameda Creek ; and thence down said creek to the west line of the county ; and thence along said west line north- erly to the place of beginning.
5th. The Township of Washington, which was bounded on the north by the Township of Eden, on the east by the summit of the Coast Range of mountains, on the south by the south line of the county, and on the west by the west line of the county.
6th. The Township of Murray, which embraced all the territory of the county not included in the townships before specified, and was bounded on the north and east and south by the county lines, and on the west by the summit of the Coast Range of mountains.
The Contra Costa Steam Navigation Company appeared by H. W. Carpentier, their Attorney, and made application for renewal of license. It was ordered that the license of William H. Brown, and by him assigned to said company, to keep the ferry between Contra Costa, on San Antonio Creek, and San Francisco, heretofore issued
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to said Brown by the Court of Sessions of Contra Costa County, be renewed for one year, from the 7th day of April following the term- ination of said license, the said company paying therefor as provided by law in such case made and provided, at the same rates hitherto charged under former license, until the fourteenth day of July fol- lowing, from and after which date they were to charge the following rates, to-wit : Upon each and every foot passenger, 50 cents ; upon every head of horses, mules and cattle, $2 each ; on empty wagons, $1.50 each ; upon hogs and sheep, each per head, 50 cents ; and 25 cents for each one hundred pounds of freight.
In the matter of roads and highways, it was ordered that the road then traveled, leading from the county line east of the Mission of San José, and to said Mission ; thence through Amador Valley, and known as the Stockton Road, be, and the same was declared a public highway ; also, the road leading from Union City to the Mission of San José was declared a public highway.
There was presented a petition from sundry citizens for a road leading from Vincente Peralta's house to the Town of Oakland ; also, a petition for a road from some convenient point, crossing from the Oakland and San Pablo Road to the road running from Vincente Peralta's to Oakland. It was ordered that Francis K. Shattuck and I. S. Tubbs be, and the same were appointed Commissioners, in con- nection with the County Surveyor, to view out and locate said road, and report thereon to the Court.
Then came a petition from sundry other citizens, for a road com- mencing at the Town of Alvarado and running thence in a north- westerly direction, to intersect the road leading from San Antonio to the Mission San José, at some point between the Alameda and San Lorenzo Creeks. Also, a petition for a road, starting at the Mission of San José and running nearly north, at the east side of, and nearly parallel with, an artificial ditch, and crossing the brook that runs down the Corral Pass in the mountains, at some point between said artificial ditch and fifty yards to the eastward of the same; thence between the farm of Henry C. Smith and John M. Horner ; thence intersecting the Union City road at or near the schoolhouse. It was ordered that John L. Marston and Horace Bacon be, and they there- by were appointed Commissioners in connection with the County Surveyor, to view out and locate the two last-mentioned roads and report thereon to the Court.
Also a petition for a road from the Mission San José to Beard's
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HISTORY OF ALAMEDA COUNTY.
Landing. Also a petition for a road from a line dividing the lands of Charles Bryfogle and D. D. Henion, and Blacow and Wilson, to a landing on Tide Water Creek, emptying into the Bay of San Fran- cisco. It was ordered that Charles Kelsey and Perry Morrison be, and the same were appointed Commissioners, in connection with the County Surveyor, to view out and locate the two last-mentioned roads, and report thereon to the Court.
It was ordered that Road District No. 1 should embrace the high- way from Union City to the Mission San José, extending two miles each side thereof, and Charles Breyfogle was appointed Supervisor thereof.
It was ordered that Road District No. 2 should embrace the high- way leading from the Mission of San José, running in the direction of the Pueblo of San Jose, to the county line of Santa Clara County, and William H. Chamberlain was appointed Supervisor thereof.
It was ordered that Road District No. 3 should embrace the high- way leading from the Mission of San José in the direction of Stock- ton, through the Amador Valley to the crossing of the Alameda Creek, and that A. Marshall be appointed Supervisor thereof.
It was ordered that Road District No. 4 should embrace that part of the highway leading from the Mission San José to Stockton, which lies between the Alameda Creek and the house of Robert Livermore, and Robert Livermore was appointed Supervisor thereof.
It was ordered that Road District No. 5 should commence at a point opposite the house of Livermore, and thence embrace all that part of the main traveled highway leading to Stockton, up to the east line of the county, and a Supervisor thereof was appointed.
It was ordered that Road Districts Nos. 2, 3 and 5 should extend two miles each side of the highways designated as their boundaries.
It was ordered that Road District No. 6 should commence at the town of Oakland and run thence along the highway, extending two miles each side thereof, to the house of Vincente Peralta, and Francis K. Shattuck was appointed Supervisor thereof.
It was ordered that Road District No. 7 should commence at Oak- land, and run thence to the north line of the county, near the house of Vincente Peralta, and R. M. Randall was appointed Supervisor thereof, and his jurisdiction was extended two miles each way from the above line.
H. W. Carpentier appeared before the Court and submitted the following proposition :
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COUNTY OF ALAMEDA, June 6th, 1853.
I hereby propose to complete the bridge across the creek known as San Antonio Slough, opposite the residence of the Messrs. Patten, on the following terms: The bridge shall be commenced forthwith and finished with expedition. I will charge and receive for my own use, tolls thereon at the following rates, to wit: Each footman, 12c .; each horse, cattle, etc., 25c .; each vehicle drawn by one or two animals, 50c., and other things in like proportion. Said bridge shall be free from taxation or assessment. I will surrender said bridge to the county to be made a free bridge, and to be used only as a bridge, at any time within twelve months, on their payment to me of the orig- inal cost of its construction, together with interest thereon at the rate of three per cent. per month. It shall be finished from bank to bank. This proposition binding on its acceptance by the Court of Sessions of Contra Costa County.
(Signed.)
H. W. CARPENTIER.
"Upon due consideration" by the Court, it was ordered that the foregoing proposition be accepted and the bridge surrendered to H. W. Carpentier, to be built and constructed upon the same plan upon which it was originally projected, reference being had to proceedings in the matter then of record in the County of Contra Costa, but noth- ing in this order contained was to be construed into an obligation on the part of the county ever to redeem said bridge, or to refund to said Carpentier any money whatever expended on the account thereof.
It was further ordered that the said Carpentier or his assigns be authorized to charge the rates of toll specified in the proposition above accepted.
A poll-tax for highway purposes, of two days' work, was ordered to be levied on all able-bodied men between the ages of 18 and 45 years, for the present year.
The Court then adjourned till the following morning at 8 o'clock.
On Tuesday morning, May 7th, 1853, the Court met pursuant to adjournment the previous day, and ordered that all the Judges, Inspectors and Clerks of County and Township Elections who there- tofore had, or thereafter might serve, be allowed and paid $5.00 per day each, but not more than one day's service was to be charged by any person officiating as such at any one election. The Auditor to draw upon the Treasurer for the amount due any person under this order, upon application of the party entitled, and upon being satisfied that the service claimed for had been performed.
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HISTORY OF ALAMEDA COUNTY.
The following claims, which go to show what the county had to pay for goods and services at that day, and who its first creditors were, were allowed, viz. :
To D. L. Lord, for blank book and stationery, etc., as per
$425.00 accounts on file, - - 1
" A. M. Church, services obtaining books, stationery, etc.,
for desk, etc., as per ac't on file, - 49.00
" Liberty Petham, for work on county desk, as per accounts on file, - 33.00 -
" W. C. Weaver, for work on county desk, as per accounts on file, - - 48.00
" J. L. Long, 2 days' services as Asso. Jus. C. S. 12.00
" A. Marier, 1 day's service as 66 6.00
" A. W. Harris, 1 day's service as 6.00
" Jno. M. Horner, for lumber for county desk, - 16.50
" C. J. Stevens, 66 66 9.00 -
Orders were issued by the Auditor upon the Treasurer of the County to the persons above named, for the sums specified.
There having been no further business before the court, it ad- journed until the next term thereof.
A. M. CRANE, County Judge.
DAVID S. LACY, Associate Justices.
J. S. LONG,
At a special meeting held on July 19th, H. K. W. Clark appeared as a petitioner for a road from the Encinal to the county road from San Antonio to the Mission.
At the meeting held on the first day of August many petitions for the laying out of roads were presented. The following election pre- cincts were established :
In Washington Township, at the Mission of San José, at the room next easterly of Howard & Chamberlain's store; at the town of Alvarado, at the room then used for a Court-house. In Eden Township, at the house of William Hayward, and at the house of T. H. Cowles. In Clinton Township, at the house of James B. Larue, and at the house of Charles Ray, and at the saw-mill of Tupper & Hamilton. In Oakland Township, at the office of A. Marrier. In Contra Costa Township, at the house of Seth R. Bailey, and at the house of A. E. Hutchinson. In Murray Town- ship, at the house of Michael Murray.
The Court resolved itself into a Court of Equalization, and ordered that 60 cents on one hundred dollars be levied on all taxable property, real and personal, within the county, for State tax, instead of 30
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cents, as theretofore ordered at a special term, held on the 11th day of May (under Contra Costa).
At a meeting held on the 2d day of August, A. Marshall, Esq., was appointed a "Judge of the Plains," to look after rodeos and the branding of cattle.
J. M. Selfridge, M. D., presented to the consideration of the Court his account against the county for the sum of $20, for services in the examination of two insane persons, showing that the doctor, who is yet hale and hearty, was our first County Physician. The account of Geo. Kerr & Co., for the sum of $30, for printing 100 hand-bills, was considered " too steep," and was reduced by the court to $15, that sum having been considered all that was justly owing, and even then Geo. Kerr & Co. fared much better than does the County Printer of the present day, and ought to have been well satisfied. But those were the days of " big things " for the disciples of Faust. There also came J. S. Marston, Treasurer of the County, and presented his account for services as Treasurer for three months, for the sum of $500, and $60 for rent of Treasurer's office, to the 1st of August. " After due consideration " such account was disallowed, and as com- pensation for his services, as such Treasurer, in addition to the fees allowed by law, it was decreed that said Marston should receive up to that time the sum of $400, and for every three months thereafter, during the term of his office, he should receive the sum of $400.
Commissions to view out roads and bridges were numerous, and it was ordered by the Court that all orders and appointments of Com- missioners for such purpose be delivered to the County Surveyor, " whose duty it should be to call upon the Commissioners appointed and proceed with them to the discharge of their duties." It was ordered that the County Surveyor be directed to make " an estimate and plan of the cost " of a single-track bridge across the San Lorenzo creek, " where the public laid out highway will cross said creek."
Adolph Sillmann's bill for nineteen and a half days' services as Deputy County Surveyor, at $12 per day, was allowed. D. S. Lacy was allowed $19, for his services as a Justice of the Peace, in the case of The People vs. Augustin Young.
A. S. Hurlbutt was allowed $294, for twenty-four and a half days' services as Deputy Assessor, being at the rate of $12 per day. Horace A. Higley was allowed $514, for three months' services as County Surveyor. A. Kuner was allowed $100, for five public seals, furnished for the county. A. M. Church was allowed $192, "for his
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