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///
SAN FRANCISCO PUBLIC LIBRARY
SAN FRANCISCO PUBLIC LIBRARY
3 1223 04552 6788
REFERENCE BOOK
Not to be taken from the Library
)o's Office.
pets.
:
^t
\lh and 16.
^J^
i
oAKr^^ipBi^ cLiisrToisr,
ACRES FROM 5 TO 100 ACRES
In the siii'roimdings (^i Oakland.
A'
k
The Casserly Tracts, 10 Acres on Uth SfreeC 14 Acres
ON EIGHTH gt., NEAR THE POINT
On IrKasy TTeriixs. i ,
SPECIAL COLLECTIONS
JUL 5 1962
DIRECTORY
OF THE TOWNSHIP AND
CITY OF OAKLAND,
Together with the Townships of
BEOOKLYN AND ALAMEDA,
FOI^ THE ItEAI^ ISaO.
CONTAINING A
COMPEEHEKSIYE LIST OF THEIR INHABITANTS,
With their places of residence and business; also, its
PUBLIC OFFICEES AND THEIR OFFICES.
Also, a Complete List of all Public Societies and Organizations,
with their Ofhcers ; also a comprehensive statement
of all State and Municipal Legislation,
alfecting the City, in detail ;
also, a review of the
HISTORY OF THE CITY OF OAKLAND,
With a detailed statement of the present and proposed operations of the " Water Front Company," and the Pacific Kail- road Company, with an account of the rela- tions of those Companies to the City in the past. Also a variety of other useful in- formation.
COMPILED AND PUBLISHED BY
B. E. S T I L >V E L I^
1SG9.
SPECIAL COLLECTIONS
62 58
Entered, according to Act of Congress, in the year of our Lord One Thousand
Eight Hundred and Sixty Eight,
By B. F. STI3L.TVEL3L,,
In the Clerk's Office of the District Court of the United States for the District of
California.
PKISTEn AT THK OAKI.AKD NEWS OFHCE.
'Reference Dep€
SAN FRANCISCO PUBLIC LIBRARY
PREFA^CE.
; In presentiiior this, the first edition of tlie Oakland Directoky, to the public, tlie publisher would ask of the people a generous allowance for any and all errors which may have escaped his no- tice in compiling the work.
To carry to a successful tennination a publication of this kind requires a thorough knowledge of the work to be performed. Although our experience as an advertising agent and canvasser extends back a number of years, both in the East as well as on this coast, which has brought us continually in contact with the mercantile and nianutacturing community, yet it was with a degree of caution that we began the compilation of the present work. In making our canvass, several impediments were pre- sented to us. Among the most prominent was the difficulty we experienced in getting competent men to canvass for the names ^ropcr^ and the incorrect manner in which the information was given at the dwellings. This will, we trust, in a manner explain away this portion of the errors, as the canvassers claim that the names are spelled as given to them. Another very great embar- rassment under which we have labored was the tardiness of our patrons in furnishing the subject matter for their advertisements. This last mentioned circumstance has delayed the issue of the work a number of weeks, besides giving us much additional trouble and expense, and although we have done all that perse- verance could accomplish under the circumstances, yet there will probably be some who will without rclicction feel disposed to find fault with our apparently inexcusable delay, when at the same time they may have been themselves in part the cause of our hindrance by not furnishing their copy in time, and agreea- ble to their oft-repeated promises. Therefore, this explanation
OAKLAND DIRECTORY
will be our apology and may serve to govern them in the future.
Although in the foregoing we have spoken only of matters disadvantageous to ourselves, yet we claim that the work pre- sented possesses more than ordinary merit as regards its syste- matic classification and arrangement throughout. In this re- spect we are willing to compare it with any Directory of similar size that has ever made its appearance on this coast.
The compilation of the statistical matter presented in this volume has been attended with more difficulties than might be anticipated. The city ofiicers are in few or no cases required to present annual or semi-annual reports giving the details of the business of their oflices, and it was -necessary to examine a mass of documents to ascertain but few facts. In some cases there has been a neglect on the part of persons connected with insti- tutions or business enterprises to furnish us information as re- quested. The various matters treated of in that portion of the work which precedes the tables of names, has been under the supervision of Mr. Wm. D. Harwood.
In conclusion we would tender our thanks to those who have kindly furnished us with statistics from our Institutions of Leaim^ ing, the Churches, the Municipal Ofiicers, and all other sources from which we have obtained information, that has assisted us in compiling the work, and with the knowledge and experience de- rived from our i^ast labors and with the confidence that our ef- forts have not been thrown away, we shall very soon commence the compilation of the second Directory of Oakland for the year 18Y0, with such alterations, additions and improvements as present themselves. B. F, STILWELL.
s
PACE.
Alameda, Town of 267
I^onds 68, 60, 70
Botanical Gardens 115
Brooklyn 254
Churches 116
City Charter 23
City Property, value of 97
College of California 98
College School 101
Convent 104:
Corporate Officers 21
Durant Rhetorical Society 107
Female College of the f*acific 102
Finances of the City 67
Gas Company, Oakland 112
Grades, table of 82
Hebrew Benevolent Society 108
House Carpenter's Eight-Hour League 108
Independent Order of Odd Fellows 106
Industrial Enterprises 109
Lincoln Lyceum 108
Masonic 105
Military 121
Municipal aifairs since 1854 17
Municipal Licenses 11
Oakland Cotton Mills 119
Oakland, Town of . 57
Oakland R. R Co 112
Oakland Seminary 103
Preface 3
Police Court 83
Real Estate 92
Sabbath Schools 119
Schools, Public 74
S. F. & O. R. R. Receipts 95
S. F. & A. R. R. Receipts. ...•••• 96
Streets 77
Titles, origin of in Oakland 53
University of California 10
Water Front 84
GENERAL INDEX TO ADVERTISEMENTS.
PAGE
Architects.
S. C. Bugbee & Son, (S. F.) 144
E. L. Wetmore, 246
Auction Houses.
Banldiead & Co 144
Olney & Co Back of Cover
Artist's Materials. Wm. A. Kollmyer, (S. F.). .224
Attorneys.
Sextus Shearer 248
Lewis Shearer, (S. F.) 248
Wm. Yan Voorhies 234
Banks of Saving,
OaHand Bank of Savings. .124 S. F. Savings Union (S. F.).146
Books and Stationers.
W. B. Ilardv 150
S. E. Abek. 140
Chilion Beach, (S. F.). . . . .222
J. Tyrrel 218
Blank Books. George B. Hitchcock, (S. F.)190
Bakeries.
W. II. Brown 238
U. Hemphill 1Y4
J. Gordon (Branch Bakery) 156 Boots and Shoes.
D. Stuart 222
E. Fitzgerald 154
Lessman ct Co 204
Book Binders.
Bartling & Kimball, (S. F.)
Back of Book.
Blacksmiths.
Martin liyan 234
Bell Hangers.
C. Bode 234
Coal and Wood.
L. G. Brnguiere 148
PAGE
Commission Merchants.
P. C. Dart(S. F.) 158
Cutlery.
Will &Fink,(S.F.) 238
Cigars &, Tobacco.
Smith & Starr 246
George II. Smith 232
Clothing.
E. D. Block 138
J. Lobenstein 194
Charles Susengut 248
T. K. Clmrch, (S. F.) 172
Contractors &, Builders.
C. L. Lncas 208
E.L. Wetmore 246
Cotton Mills.
Oakland Cotton Manufactur- ing Company 196
Dentists.
A. Lefevre 194
N. T. AVhitcomb, (S. F.). . .226 J. AV. Winter (S. F.) 248
Doors, Sash and Blinds.
II. W. Barnes & Co 126
Blethen& Terry .^ 136
Burnham, Standeford & Co. . 250
Dry Goods.
E. D. Block 138
Beinachife Co 240
Hesse, Winterton & Co 172
S. Mosgrove,(S.F.) 176
S. Langstadter 188
C. E. Zwisler 234
Druggists.
F.P. Sanford 214
M. Webber 228
Dr. D. M. Baldwin 148
R. Turney 216
OAKLAND DIRECTORY.
PAGK
PAOB
Dress Making.
Mrs. S. G. Fox 154
Mrs. E. Iluiiihert 2()«
Educational.
Oakliind Academy 184
Oakland College School 132
Oakland Seminary 134
Female College of Tacilic, . . 230
Engineer and Surveyor.
Wm. F. Boardman 148
Eye and Ear Infirmary
Dr. Fonda (at the Point) ... 212
Flouring Mills.
Oakland Mills 216
Venus Mills 236
Furniture and Bedding.
Irwin ct Co 252
Kaiser and Craib 172
George O. Whitney, (S. F.).240
Grocers.
Bradley & Seymour 144
Ghirardelli's Branch 252
W. T. Ilurll 252
Humbert & Bassett 152
John Rackliffe ... 2 14| j^^^^^ Dealers-Pianos.
N 11. Wunnenburg & Co. .228s. G. Crawford 160
Silvanus AVliite 246
Home Mutual 178
Pacific 128
Phcenix Front Cover
Universal Life 142
Jewelers.
Mueller ct Rcimcrs 198
Louis Rerat 210
lixunber Dealers.
F. S. Page ik Co., (Point,) .. 202
liiverjr and Sale Stables.
Eureka Livery Stable (Point)224
Fashion Livery Stable 218
Shattuck & Hillegass' 210
N. Stoel ^ 232
Liung Institute.
Dr. Nestell's (S. F.) 236
Marble Workers.
J. W. Myrick 206
A. Schultz 238
W. F. Sullivan 232
Meat Markets.
George 11. Carley 160
Julius Zabel 244
Hardware.
Cain & Brown 140
Goodrich & Reed 174
Hotel.s.
Eureka Hotel 216
Mechanics' Exchange Hotel . 166 Railroad Exchange (Point). 212 Washington Hotel 202
Insurance.
^.tna Insurance (S. Y.) 166
Imperal Fire Insurance. . . . 164 North British Mercantile.. .162
Union 192
Manhattan 186
Phenix 186
Occidental 182
Fireman's F^md 180
Woodworth. Schell Sz Co. (S, F.) 196
News Agents.
W. B. Ilardv 150
J. Tyrrel..! 218
Notary Public.
William Hoskhis 168
Nurseries.
S. Nolan 200
.1. Hutchinson 166
Omnibusses. B. E. Farwell 244
Painters, Paints and Oils.
M. Doody 126
Shechan tfe F^innigan 208
Charles B. Rutherford 220
D. W. Pratt 204
8
OAKLAND DIRECTORY.
PAGE
Photographers.
Wm. B. Ingersoll 170
A. K, Kipps 2i2
Pictxire Frames. j
Wm. A. Kollmyer, (S. F.). .224
Plumbing and Gas Fitting.'
Kobert Dalziel 158
James Dalziel 158
Frank M. Fonda & Co 212
Mrs. K. Herman 168
Planing Mills.
Blethen& Teriy 136
Burnliam, Standeford & Co.250
Real Estate Dealers.
Gardiner <fe Hunt 156
McLean & Hard}' 150
Edward J. Kelley 190
Wm. K. EowelL 240
Andrew J. Coffee & Son. . .166
Olney & Co Back of Cover
Dam & Gladding, inside of
Front Cover. E. C. Sessions, inside front cover
Restaurants.
Louis Gnarini 202
Saddle and Harness.
James Lentell 188
T. A. Kelsej 142
PAOB
Sewing Machines.
Grover & Baker . . . Front Cover Florence (S. F.) 198
Stoves and Tinware.
James Dalziel 158
Frank M. Fonda & Co 212
Mrs. R. Heyman 168
J. J. Porter 198
Caleb M. Sickler, (S. F.)
Top Margin of Pages.
Upholsters.
Carl Dederky 158
Irwin & Co 152
Kaiser&Craib 172
Geo. O. Whitney (S. F.) . . . . 240
Undertakers.
W. W. McKeuzie 210
Vegetables.
J. Green 156
C. H. Scott 238
Wines and Liquors.
J. G. Hannaford 190
P. Hays 206
Becht's Saloon 206
Wood and Willow Ware.
Armes & Dallam (S. F.). . .130
Water Works.
Contra Costa Water Co 174
OAKLAND DIRECTORY.
Broolilyn A.<lvertisers.
PAGB
Webster & Co., Grocers 256
A. W. Swett, Livery and Sale Stable 256
Wm C. and Isaac Wallace, Sale Stable 256
Clinton Mills 258
Elias J. Marson, Carriatre and Wagon Maker 258
Asa Howard, General Insnrance Agent 258
Henry Hanipel, General lilacksinith 260
Charles Elm, House and Carriage Painter 260
Lamotte & Roney, Tin, Copper and Sheet Iron 260
A. Ford, Dry Goods and Groceries 260
Brooklyn Manufacturing Company Back of Cover
Heilner Bros., Dry Goods, etc Margin of Book
Brooklyn Drug Store Margin of Book
Alameda Atlvertisers.
Smith's Store, general variety, etc 268
Loyal Oak Hotel 268
Arthur S. Barber, Choice Family Groceries 270
Fr. Boelimer, Alameda Store 270
Postal >£oiiey Orders.
During the year 1868 Postal Money Orders were sold at the
Oakland Post Office, by Dr. George M. Yard, Post Master, as
follows :
January S 252 95
February 516 35
March 802 55
April 469 20
May 933 45
June 2707 45
July 1102 85
August 1313 30
September 1374 75
October 1131 55
November 1682 45
December 2283 25
Total for 1868 $14,568 10
UNIVERSITY OF CALIFORNIA.
EX-OFFICIO EEGENTS.
His Excellexct, HENRY H. HAIGHT, Gcwrnor and President of the Board.
His Honor, WILLIAM HOLDEN, Lieutennnt-Governor.
Hon. C. T. RYLAND. Speaker of the Assembly.
Hon. and Rev. O. P. FITZGERALD, D.D.. Slate Superintendent of Public Instruction.
Hon. CHARLES F. REED, President of the State Agricultural Society.
A. S. HALLIDIE, Esq., President of the Mechanics^ Institute, San Francisco.
APPOINTED EEGENTS.
Hon. SAMUEL MERRITT, M. D., Oakland.
JOHN T. DOYLE, Esq , Menlo Park. Hon. RICHARD f. HAMMOND, San Francisco. Hon. JOHN W. DWINELLE, Oakland. Rev. HORATIO STEBBINS. San Francisco. Hon. LAWRENCE ARCHER, San Jose.
WILLIAM WATT, Esq., Grass Valley. Hon. SAMUEL B. McKEE, Oakland.
HONOEAEY EEGENTS.*
ISAAC FRIEDLANDER. Esq.. San Francisco. Hon. EDWARD TOMPKINS, Oakland.
J. MORA MOSS. Esq., Temescal.
S. F. BUTTERWORTH, Esq., New Almaden Mine.
ANDREW. J. MOULDER, Esq., San Francisco.
A. J. BOWIE, M. D., San Francisco. Hon. FREDERICK F. LOW, San Francisco.
JOHN B. FELTON, Esq., Oakland.
The endowment of tlie University consists of the following property and funds : The site of one hundred and sixty acres of land,
valued at $ 80,000
The Seminary and Public Building Funds 100,000
The prospective receipt from Tide Lands 200,000
Other property coming from the College of California,. 40,000
$420,000 Besides this, are the 150,000 acres of Agricultural College Lands, which if speedily located, and held for a few years, will, it is believed, readily sell for from five dollars to ten dollars per acre. An appeal will be soon made to the friends of education and of California to contribute to the endowment of the Univei'sity, so that it may be placed at once on a permanent basis of prosperity. The enterprise is in its infancy as yet, but the Eegents are managing their trust in an efficient manner, and before the end of the present year it is expected that temporary arrangements will be completed in Oakland, and that students will be received by the professors, who may by that time be appointed.
*The term Honorary applied to these Regents indicates only the mode of their election, which is made by the Ex-Oflicio and Appointed Regents. Every Regent, however appointed, is a voting, legislative, and executive member of the Board.
MUNICIPAL LICENSES
The municipal licenses are collected under an ordinance of the Citj Council, passed November 24th, 1865. The important sec- tions of this ordinance are appended :
Section 9. Every person or firm within the limits of the City of Oakland, who shall vend any goods, wares or merchandise, wines or distilled or fermented liquors, drugs or medicines, jew- elry or wares of precious metals, and every person or firm who shall keep horses or carriages for rent or hire (except mules, horses or animals used for the transportation of goods,) and every ! person or firm engaged in the business of manufacturing by steam or horse power, wood, iron or other materials, or in carrying on and maintaining a laundry, flour mill, or other establishment for the transaction of business, that is to say, all persons dealing in the aforesaid business in said city, and w^hose average monthly sales, rents or receipts are one thousand dollars or upwards, shall constitute the first class, and those, also, whose average monthly sales, rents or receipts are under one thousand dollars shall con- stitute the second class. The licenses for the first class shall be given on the payment of three dollars and serenty-five cents per month ; and for the second class on the payment of two dollars and fifty cents per month ; j^romded, that the sales of liquors and wines by persons under this section shall not be in loss quan- tities than one quart measure.
Section 10. All tavern-keepers, inn-keepers, and all persons who may sell and dispose of any spiritous, malt or fermented liquors or wines in less quantities than one quart, shall, before the transaction of any such business, take out a license or licenses from the city, as prescribed in this Ordinance, and make therefor the following payments, to-wit : Those making sales to the amount of five thousand dollars and less than ten thousand dol- lars as a monthly average, shall constitute the first class ; and all
12 OAKLAND DIRECTORY.
sales less than five thousand dollars, as a monthly average, shall constitute the second class ; the licenses to be paid by the vend- ors of the first class, twenty dollars per month, and of the second class five dollars per month.
Section 12. Every manager or lessee of every theatre which may be opened within the limits of the city of Oakland, before opening the same, shall pay for and obtain a tax license from the city, and shall pay for the same the sum of three dollars per day, if granted for a less term than one month ; if granted for one month, the sum of fifty dollars ; if for three months, one hun- dred dollars ; if for one year, three lumdred dollars ; and for each exhibition of serenaders, or opera, or concert singers, (ex- cept for charitable purposes) the same payment for licenses as is required for theatrical performances. For each exliibition of caravan or menagerie, the exhibition for gain of any collection of animals for public amusement, and for each exhibition o* circus, the sum of fifteen dollars ; and for each show of any fig- ures, rope or wire dancing, or sleight of hand, for reward, and any other show or exhibition for reward or gain, and not enumer- ated above, the sum of five dollars for each show or exhibition.
Section 14. Each person engjfigcd in the business of hawking or peddling, or in the itinerant vending of dry goods, or any other wares or commodities, shall pay for a license to do the same the sum of seven and one-half dollars per quarter. The selling or offering to sell, at any place other than a fixed and permanent place of business, shall be deemed hawking, peddling or itinerant vending, within the meaning of this Ordinance ; pravided, that the furnishins: to licensed retail dealers of articles manufactured in this city or county, from hand or licensed vehicles, belonging to the manufacturers of such articles, shall not be deemed ped- dling, within the meaning of this section. Each person required by this section to take out a license, shall carry the same upon his person while occupied in such business, and exhibit such license when requested by any person. Licenses issued under the provisions of this section shall be termed merchandise peddler's license.
OAKLAND DIRECTORY,
13
Skction 15. Each person, house or firm engaged in the busi- ness of keeping a restaurant, or bakery, or in the sale of meat, fish, poultry, game, butter, cheese, eggs, fruit, vegetables, bread, confectionery, cakes, or any Jruit of any kind or either, in any any other place than in a stall in a public market rented for such purposes, shall pay for a quarterly license to carry on any or all kinds of business in this section named, as specified in the fol- lowing schedule : Those whose gross sales amount to five thou- sand dollars and upwards per quarter shall pay for a license ten dollai-s per quarter. Those whose gross sales are under five thou- sand dollars and over one thousand dollars per quarter, shall pay for a license seven and a half dollars per quarter. Those whose quarterly sales are less than one thousand dollars, shall pay for a license six dollars per quarter. Licenses issued under the provi- sions of this section shall be termed meat and produce peddlers licenses ; ^^mvlded, that a person selling the products of his own ranch or farm shall not be deemed a peddler within the meaning of this section.
Section 16. Each and every person engaged in the business of draying, and every proprietor or driver of a cab, and every proprietor or driver of an omnibus, the same being a business carried on in the city of Oakland, each and every proprietor or driver of a truck, hack or express wagon, or any other vehicle ' used in the business of common carrier in said city, in part or in whole, shall, for each and every dray, cab, omnibus, truck, hack, express wagon, or other vehicle so used, before using the same, first obtain a municipal license therefor, by paying into the city treasury the sum of ten dollars as a yearly license therefor, to- gether with the costs hereafter mentioned, which license money shall be set aside for street repairs in the city ; and it shall be the duty of each proprietor or driver of any vehicle mentioned or intended in this Ordinance, to have eacli aTid all of his or her vehicles, so used or intended to be used, to be registered with the City Clerk, and to be plainly numbered in some ccnspicuous place upon said vehicle, as the same may be registered, and in
14
OAKLAND DIRECTORY.
the order of their registry, as shall appear by the records of the said Clerk.
Section 20. It shall be the duty of the City Clerk to see that all licenses heroin required are promptly collected, and should any person fail or neglect to take out his license as required by this Ordinance for the term of five days, he shall proceed to de- mand the same and shall then be entitled to receive from the delinquent ten per cent, upon the amount of license then due as his fee for collecting the same, to be collected with the said license from the one so delinquent, and it shall be the duty of the Clerk, if said delinquent should fail to pay the said amount for which he or she is then liable, immediately to place the same in the hands of the City Attorney for collection, and when by him collected the per centage due the Clerk shall be collected with the amount due for license, together with other costs mentioned and by law allowed.
THE PUBLIC HEALTH.
The powers of tlie Board of Ilealtli are enumerated in the fol- lowing sections :
Section 2. The Board of Health shall have power, when- ever, in their judgment, public health shall require it :
First, To require the removal of all persons landed into the city, from any vessel, or railroad, or in the vicinity of the city.
Second, To direct the cleansing and fumigation of any vessel or its cargo, within the limits of the city, and the destruction of any bedding, clothing, or portion of a cargo that they may deem infected and likely to spread disease.
Third, To give such directions and adopt such measures as in their judgment may be necessary for cleansing and purifying any building or premises, and to cause to be done, in relation thereto, everything which in their opinion may be proper to preserve the health of the city.
Fourth, To prevent the spreading of contagious disease, by forbidding all communication with a house, vessel or person in- fected with such a disease, except such as they may deem neces- sary for any purpose ; and by causing to be removed to a place provided therefor, any indigent person who shall be homeless and infected with such a disease ; ia,nd by doing, and causing to be done, any other act that they may deem necessary to effect such object.
Fifth, To provide (with the consent of the Council) a suitable hospitable building, and furnish the same with such physicians, nurses, attendants and 8U})plies as they may deem necessary or advisable.
Sixth, Ti) abate in a summary manner any nuisance which they may deem prejudicial to the health of the community ; and in any case of apparent emergency, when prompt sanitary mea-
16
OAKLAND DIRECTORY,
sures may be deemed necessary by said Board, and the orders of said Board appear to be disregarded, then said Board shall have power to enforce said orders by calling into requisition the aid o the Police of the city.
The provisions in the following sections should be thoroughly understood by the people :
Section 4. It shall be the duty of each physician in this city to report to the Board of Health, in writing, every patient he shall have laboring under the small-pox, or any other contagious or infections disease or epidemic, within twelve hours after he shall be satisfied of the nature of the disease, and to report to the same Board every case of death from such disease as soon as possible, in no case to exceed 24 hours after occurrence of death.
Section 5. It shall be the duty of every person who is a housekeeper, keeper of a boarding-house or lodging-house of this city, to report to the Board of Healtli immediately after the dis- covery of the presence of any eruptive disease, the name of every person living, boarding or lodging at his or her house, whom he or she shall have reason to believe to be sick with such disease, and every master, or owner, or consignee of a vessel lying at a wharf, or in any creek, or anywhere in the harbor, within the city, shall make a like report and within the time specified.
Section 6. It shall be optional with any housekeeper, keeper of a boarding-house or lodging-house, to retain within his or her premises any persons having the small-pox, duly providing them with a physician, nurses and supplies ; provided, that in that case said househeeper, keeper of a boarding-house or lodging- house, shall immediately after the knowledge of the presence of the disease, place or cause to be placed in a conspicuous place in front of the building containing such patient, a yellow flag not less than 18 inches long and 12 inches wide, and fully spread open to public view.
Section 7. No person shall knowingly transport or convey, or cause to be transported or conveyed, within tlic limits of this city, in any hack, carriage or railroad car, or steamboat, or other licensed vehicle or public conveyance, any passenger who may be afflicted with small-pox, except l\v written permission from the Board of Health, and under such restrictions as said Board may direct.
MUiNICIPAL OFFICERS.
Hilst of rersons 'wlio lia-A'e lielcl ]Miiiilelpal Oflloest from. Marcli, 1N341, to Jaiiviai'y, IfsOO.
[Officers elected at the first election held under the Charter of 1854 : ]
Mayor,
HORACE W. CARPENTIER.
city Clerk.
J. R. DU^^LIXGSOK
City Marslial.
JOHN IIOGAN.
Aasesaor.
J. S. TUBES.
City Conncil.
EWD. GALLAGHER, A. D. EAMES, JOHN KELSEY, GEO. M. BLAKE, W. C. JOSSELYN, A. MARIER.
[Elected March, 1855 :]
Mayor.
CHAS. CAMPBELL.
City Clerk.
THOS. GALLAGHER.
Narahnl.
J. P. M. DAVIS.
Assessor.
ANDREW CROSWELL.
City Council.
EWD. GALLAGHER, A. D. EAMES, S. J. LYNCH, WM. HARWOOD, ANDREW AVILLIAMS, LEONARD JOILN^SON.
(2)
[Elected March, 1856 :]
Mayor.
S. H. ROBINSON.
City Clerk.
THOS. GALLAGHER.
Marshal.
J. P. M. DAYIS.
Assessor.
A. D. MoDEYITT.
city Connrll.
R. AYORTHINGTON, WM. HILLEGASS, EWD. GIBBONS, GEO. H. FOGG, J. G. KITTRIDGE, F. K. SIIATTrCK.
17
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18 OAKLAND DIRECTORY. |
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[Elected March, 1857 :] |
[Elected March, 1859 :] |
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Mayor. |
3Iayor. |
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A. WILLIAMS. |
F. K. SIIATTUCK. |
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City Clerk. |
Marshal. |
|
EWD. GIBBOXS. |
A. DAYISON. |
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Marslial. |
City Clerk. |
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J. P. M. DxiYIS. |
EDW. GIBBONS. |
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Assessor. |
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Assessor. A. D. McDEVITT. |
L. B. TAEPLEY. |
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City Council. WM. IIAEWOOD, A. DAVISON, WM. IIILLEGASS, E. WOETIIIXGTOX, K GEAY, A. MAEIEE. |
City Council. A. D. McDEYITT, EWD. HOSKINS, J. B. PIEECE, J. E. EOGEES, A. MAEIEE, FEANKLIN WAENEE. |
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[Elected Marcli, 1858 :] |
;Elected March, 1860 :] Mayor. |
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Mayor. |
J. P. M. DAYIS. |
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A. "WILLIAMS, |
MarsUal. |
|
City Clerk' |
WM. HOSKINS. |
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EDW. GIBBONS. |
City Clerk. |
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Assessor. |
EDW. GIBBONS. |
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N. J. THOMPSON. |
Assessor. |
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City Council. |
L. B. TAEPLEY. |
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F. K. SIIATTUCK, |
City Council. |
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G. W. FOUNTAIN, |
J. B. PIEECE, |
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JOHN McCxVNN, |
J. H. BEOWN, |
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G. W. SCEIBNEE, |
A. W. AVHITE, |
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TIIOS. GALLAGHEE, |
P. W. YANWINKLE, |
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JAS. DALEY. |
M. M. H0A7E. |
OAKLAND DIRECTORY
19
[Elected Marcli, 1861 :]
Mayor.
J. P. M. DAVIS.
Marshal.
WM. IIOSKINS.
city Clerk.
EDW. IIOSKINS.
Assessor.
L. B. TARPLET.
City Council.
T. D. AVOOLSEY, EDAV. GIBBONS, B. C. HORN, D. W. BARNES, J. M. DILLON, A. D. EAMES.
[Elected Muivli, 1862 :]
Blayor.
GEO. M. BLAKE.
City Clerk.
E. P. SANFORD.
J^IarsUal.
■w:m. iioskins.
Assessor.
J. E. WIIITCIIER.
City Council.
SAM'L MERRITT,
F. K. SIIATTUCK, T. D. WOOLSEY, EWD. GIBBONS, J. M. DILLON,
A. D. EAMES.
[Elected March, 1863, the first election under the present City Charter :]
Mayor.
W. 11. ]K)VEE.
MarsUal.
JAS. BROWN.
City Clerk.
E. P. SANFORD.
Assessor.
J. M. DILLON.
City Council.
O. L. SIIAFTER. W. W. CRANE, Jk., EDW. GIBBONS, C. TAYLOR, JAS. DkFREMERY, F. K. SIIATTUCK.
[Elected March, 1864:]
Mayor.
EWD. GIBBONS.
Marshal.
JAS. BROWN.
City Council.
E. JANSSEN, J. O. MINER, D. P. BARSTOW, A. C. PALMER, C TAYLOR.
City Justice*
E. I. SMITH.
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OAKLAND DIRECTORY
[Elected March, 1805 :]
MAYOB.
B. F. FEKRIS.
CITY CLERK,
A. D. EAMES.
ASSESSOR.
J. M. DILLO^^
CITY COUNCIL.
J. O. MINER, EWD. GIBBONS, A. II. JAYNE, A. F. ROGEES, F. K. SHATTUCK.
CITY JUSTICE.
jSTORMAN WATSON.
CITY CONSTABLE.
E. I. SMITH.
[Elected Marcli, 1866 :]
MAYOR.
J. W. DWINELLE.
MARSHAL.
JAS. BBwOWN.
CITY COLTiCIL.
P. S. WILCOX, A. ANDERSON, D. P. BARSTOW.
CITY JUSTICE.
GEO. H. FOGG.
BOARD OF EDUCATION.
[Appointed by the Council, under the law creating a Board of Education in the City of Oak- land, in May, 1866 :]
GEO H. FOGG, R. E. COLE, L. HAMILTON, B. AKERLY, J. H. BREWER, GEO. MOOAR, F. AYARNER, W. S. SNOOK.
[Elected March, 1867:]
MAYOR.
W. W. CRANE, Jr.
POLICE JUDGE.
NORMAN WATSON.
CITY CLERK.
H. HILLEBRANT).
ASSESSOR.
J. M. DILLON.
CITY COUNCIL.
W. G. MOODY, B. F. PENDLETON, W. H. MILLER, J. A. HOBART.
BOARD OF EDUCATION.
L. HAMILTON, E. E, COLE, GEO. MOOAR, WM. BARTLING, W. S. SNOOK, L. WALKER, B. T. MARTIN, W. B. HARDY.
CITY JUSTICE.
THOS. WALL.
CORPORATE OFFICERS.
On the following page, we give the names of the Corporate OflEicers, the members of the Board of Health and the Police Officers. At the last charter election, held in April, 1868, there were elected a Mayor, a Police Judge, a Marshal, four School Directors, three Councilmen, and one City Justice. At the charter election to be held in March, 1869, there are to be elected a Mayor, four Councilmen, to till the places at present occupied by Messrs. Moody, Ilobart, Miller, and Pen- dleton ; four School Directors, to fill the places now occupied by Messrs. Cole, Martin, Hamilton and McLean ; an Assessor and a City Justice, and a City Clerk and Treasurer, and Super- intendent of Public Instruction.
The only compensation received by the Mayor, is the fee of fifty cents for each municipal license issued.
The Police Judge and the City Marshal each receive a salary of $2,000 per annum.
The City Clerk and Treasurer receives a salary of $200 per month. The City Attorney, who is appointed by the Council, receives a salary of $150 per month.
The salary of the City Superintendent of Public Instruction is $1,000 per annum ; and the Assessor receives the same amount.
The City Justice is entitled to collect the fees prescribed by the General Act of the Legislature, passed at its last session.
The City Clerk, Police Judge, Marshal and City Attor- ney are entitled to fees, under tlie Charter of tlie City, but they have filed waivers of this right in consideration of the
salary allowed them by the Citv Council.
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22
OAKLAND DIRECTORY.
J
The salary of the Policemen has been fixed at $100 per month. To such as are required to keep horses, the additional sum of $25 per month is allowed.
The Health Officer is allowed a fee for each certificate of vaccination that he may issue.
MAYOK.
SAM'L MEKEITT.
POLICE JUDGE.
SEXTUS SHEAEER.
CITY CLEEK.
H. HILLEBEAJN^D.
CITY MAKSIIAL.
CHAS. P. HcKAY.
CITY corxciL.
A. H. JAYXE, J. A. HOBART, W. G. MOODY, W. H. MILLEE,
E. M. CAMPBELL, X>. G. BAEXES,
B. F. PEXDLETOX.
BOARD OF EDUCATIOJS".
B. T. MAETIX, E. E. COLE, jSr. B. HOYT, WM. D. IIAEWOOD, L. HAMILTOX, " EWD. McLEAX, G. W. AEMES.
ASSESSOR.
J. M. DILLOX.
CITY SUPERINTENDEXT OF PUBLIC SCHOOLS.
LYSAXDEE WALKEE.
CITY JUSTICE.
GEO. II. FOGG.
HEALTK OFFICER.
T. II. PIXKEETOX, M. D.
BOARD OF HEALTH.
SAM'L MEEEITT, (Mayor) T. H. PIXKEETOX, (Health
Officer) A. YEEHAYE, P. W. FOXDA, ISAAC E. XICHOLSOX^.
POLICE C0MMI5SI0XEES.
SAM'L MEEEITT, (Mayor) A. H. JAYXE, (Pres't Council) C. P. McKAY, (City Marshal)
CITY ATTORXEY.
S. F. GILCEEST.
CITY ENGINEER.
^y. F. BOAEDMAX.
POLICE FORCE.
J. E. COXWAY, J. HILL,
W. II. SFMMEES, D. II. EAXD, JAS. BEOWX, ^E. H. WOOLSEY.
OAKLAND CITY CnAPJER.
AIV ^VCT
To AMEND AN AcT KNTITLED AN AcT TO IxCORPOEATE THE CiTY
OF Oaklani>, TAfiSED March Twenty-fiftii, Eighteen Hun- dred AND Fifty-four, and repealing certain other Acts IN relation to said City.
[Approved April 24, 18C2.]
The People of ike State of California,, represented in Senate and Assemhhj^ do enact as foUoios:
Section 1. The corporation, or body corporate, now existing and known as the Town of Oakhmd, shall remain and continue to be a body politic and corporate, by the name of the City of Oakland, and by that name shall have perpetual succession, may sue and defend in all Courts and places, and in all ac- tions ; and shall have and use a common seal, and alter the same at pleasure ; and may purchase, receive, hold, and enjoy real and personal property, and sell and dispose of the same for the common benetit ; provided,, that it shall purchase without the city no property except such as shall be deemed necessary for establishing hospitals, prisons, cemeteries, industrial schools, and water works.
Sec 2. The l)oundaries of said city shall l>c the same as the boundaries of the late Town of Oakland, which are more particu- larly defined and described, as follows, to-wit: Northerly, by a straight line drawn at right angles with Broadway, formerly Main street, in said city, crossing the extended line of Broad- way at a point three hundred and sixty rods northerly from
23
u
OAKLAND DIRECTORY.
where stood tlie " Oakland House," on tlie northwest corner of Broadway and First streets, and running from the Bay of San Francisco, on tlie west, to the easterly or southeasterly line of that branch of the San Antonio slough, or estuary, over which crosses the bridge from Oakland to Clinton ; thence along the eastern and southern highest tide land line of said slough, and of the estuary of San Antonio, following all the meanderings thereof to the mouth of said estuary, in the Bay of San Fran- cisco ; thence southwesterly to ship channel ; thence northerly, along the line of ship channel to a point where the same in- tersects the said northern boundary line, extending westwardly ; provided ^ that nothing in this section contained shall be so con- strued as to prohibit or abridge the right of the Trustees of the Town of Clinton and San Antonio, whenever the citizens thereof may elect, to become a body corporate, under the provisions of an Act for the Incorporation of Towns, or under tlie provisions of any Act which may hereafter be passed, to provide for the construction of wharves and other improvements for the accom- modation and convenience of the trade, travel and commerce, of the said towns or villages, at their respective sites.
MUNICIPAL OFFICERS.
Sec. 3. The municipal election shall be held on the first Monday of March, of each year, and such elections shall be subject to all the provisions of the law regulating elections for State officers, except as in this Act provided otherwise. There shall be elected and appointed, for the government of the City of Oakland, seven Councilmen, who shall constitute a Board, known as the City Council; a Mayor, an Assessor, a Treas- urer, who shall be ex officio Clerk of the City Council, and a Marshal, who shall be ex officio Tax Collector of said city. The Mayor shall l)e elected for one year, and until liis successor is elected and qualified. The Assessor shall be elected for two years, and until his successor is elected and qualified. The Marshal shall be elected for two years, and until his successor
OAKLAND DIRECTORY.
25
is elected and qualified, except at the first election, when he shall be elected and hold his ofiice for one year. The Treasurer shall hold his ofiice for two years, and until his successor is elected and qualified. The Councihnen shall he elected and hold their ofiice for two years, and until their successors are elected and qualified ; prcxvided, that, at the first election, the three Councihnen, of the seven elected, having received the least number of votes at the election, shall be elected and hold** their office one year, and until their successors are elected and qualified.
POWERS AND DTTTIES OF THE CITY COUNCIL.
Sec. 4. The City Council shall meet on the first Monday after their election, and at such other times as they may, by ordinance, appoint. A majority of the Common Council shall constitute a quorum for the transaction of business ; they shall determine the rules of their proceedings, and judge of the qualification and election of all ofticers elected under the pro- visions of this Act ; and shall provide, by ordinance, the method of calling special meetings of the Council ; their sittings shall be public. A journal of tlicir proceedings shall be kept by the Clerk, under their direction, and the ayes and noes shall be taken, and entered ou the journal, at the request of any member ; they shall prescribe, by ordinance, the duties of all ofiicers whose duties are iu)t defined in this Act; they shall have the power to raise, by tax, not exceeding one and one- fourth per cent, for all purposes, (except for the redemption of bonds,) on the assessed value of the real and personal property within tlie limits of said city, moneys for the establishment and support of free common schools, and to provide suitable grounds and buildings therefor; and for the defraying the ordinary expenses of the city, as well as for paving, planking, or otherwise inq)roving, the streets of the city ; they shall also have power to pass all ])roper and necessary ordinances for the regulation and sale of (^ity property, and to give deeds tlierefor ; they shall have power to open, alter, establish, grade, or other-
26 OAKLAND DIRECTORY.
wise improve and regulate, streets, alleys and lanes, and the sidewalks upon the same ; to construct and keep in repair, bridges, fences, public places', wharves, docks, ferries, piers, slips, sewers and wells, and to make the assessments therefor ; to regulate and collect tolls, wharfage, dockage and earneage, upon all water crafts, and all goods landed ; to make regula- tions for securing the healtli, cleanliness, ornament, peace and good order of the city ; for preventing and extinguishing fires, and regulating firemen, policemen, and such other officers as may be necessary to appoint for the care and regulation of prisons and markets ; for licensing, taxing and regulating all such vehicles, business and employments, as the public good may require, and as may not be prohibited by law ; to levy a tax license upon all dogs, or otherwise prevent the same from running at large in the streets and public grounds of the city ; to regulate and suppress all occupations, houses, places, amuse- ments, and exhibitions, which are against good morals, or con- trary to public order and decency; for the regulating and location of slaughter houses, markets, stables, and gas works, and houses for the storage of gunpowder and other combustible materials ; and to pass all such other ordinances, and provide suitable buildings for the management, good government, and general welfare, of said city, as may not be inconsistent with this charter, or with the Constitution or laws of this State, or the United States. They shall also have power to pass such ordinance, or ordinances, as may be necessary to prevent animals from running at large within the limits of the city ; to establish a Pound and appoint a Pound Keeper, and pre- scribe his duties, and to provide for the public sale, by the Pound Keeper, of such animals as may be impounded, in the same way, and upon like notice, that personal property is sold by execution, under the laws of the State ; provided, said City Council shall allow, by ordinance, the owner or owners of such property so impounded, to reclaim the same at any time before sale, upon payment of costs and charges of taking up and im- pounding, and within thirty days after the sale, shall allow him
OAKLAND DIRECTORY. 27
or them, upon proof of tlie ownership of the property sold, duly made before the Mayor, and upon payment of the costs and expenses of impoundint;; and selling, and upon the payment of the sum of one dollar to the Mayor, as a fee for the investi- gation of the question of ownership, and for liis certificate to that effect, the purchase money arising from sucli sale or sales ; tliey sliall also have power to affix penalties to the violation of any and all ordinances ; such penalties shall be by fine, not exceeding one hundred dollars, and in case the fine be not paid, then they may direct that the person or persons may be impris- oned, at the rate of one dav for evcrv two dollars of tlie fine imposed, or in lieu of the imprisonment, or any part of it, they may direct that the person or persons so fined, shall labor under the direction of the city authorities, either upon the streets, public grounds, or buildings, or in such other places as may be deemed advisable for the benefit or revenue of said city ; they shall have power to appoint suitable pei*sons to fill vacancies in the oflice of Mayor, Councilmen, or any other elective oflice, until the next regular charter election, when, if the term be unexpired, an election shall be held, to fill such vacancy for the unexpired term of said ofticers. They shall also have power to determine the compensation to be paid to the As- sessor, Treasurer, and Clerk, Marshal, and all other ofiicei*s to whom the receipt or expenditures of the moneys or funds of the city shall be entrusted; provided^ that tlie members of the City Council shall receive no salary for their services. Tlie City Council shall have no power to borrow money, unless they shall by ordinance direct the same, in anticipation of the revenue for the coming year, and shall provide in said ordinance for repaying the same out of such revenue ; nor in such case shall thev borrow a sum to exceed ten thousand dollare : thev shall have power to provide for all city elections, to designate the place or places of holding the same, giving at least ten days' notice thereof; to appoint Inspectors and Judges of Elec- tion, examine the returns, and declare the result, and to de- termine contested elections. The Board shall elect a member
28 OAKLAND DIRECTORY.
from their own body, to preside at the inectiiigs, and to dis- charge tlic duties of Mayor whenever tliere shall be a vacancy in the office of Mayor, or the Mayor shall l)e absent from the city, or be nnable, from sickness, or other canse, to attend to the duties of his office ; and in absence of the Clerk, to appoint one of their members to act as Clerk ; they shall have power, whenever they may deem it necessary to exercise the same, to establish and fix by ordinance, a salary for Mayor, in addition to the fees received by him as Justice of the Peace ; but such ordinance shall not take eftect unless ratified by a vote of the citizens of said city, at the next succeeding election ; they shall also have power, and may set aside an}"- amount of money belonging to the city which may at any time be in the hands of the Treasurer, after deducting the current expenses of th6 city, and the interest due upon the funded debts of said cit}', as a sinking fund, whereby the bonds issued by said city may be redeemed, or they may, at any time before said bonds shall become due, with any surplus money which may belong to the city, after paying said expenses and interest, redeem, or purchase for the city, and in its name, in the manner most advantao;eous to the citv, any outstandino; bonds, which bonds, or claims, when so purchased, shall be immediately cancelled ; provided.) this right shall not afix3ct the rights of the holders of said bonds, or in any way prevent them from holding the same nntil said bonds become due and payable ; they shall also have the power to determine the width of sidewalks and the material and manner of their construction, as Avell as the grade of the same ; and shall also have the power and right to require and compel the owner, or occupant, of any lot or lots, situate npon any street of said city, to erect, construct and keep in repair, the sidewalks fronting his or her lot or lots ; and, in case the owner or occupant, of any lot or lots, after due notice, refuse to build, repair or keep in repair, said sidewalks, in accordance with the general regulations, then the Council may cause the same to be built or repaired, and the costs and charges shall be a Hen on said lot or lots, and may be inforced by suit at law ; and said
OAKLAND DIRECTORY. 29
lien shall not be discharged nntil said costs and charges have been paid ; they shall also have the power to establish fire dis- tricts, and within said districts to prevent the erection of wooden buildings, or any buildings composed of combustible materials, and also to prevent the further repairing of wooden buildings within the fire limits established.
Sec. 5. They shall also have the exclusive right, in the manner described by ordinance, of issuing and granting of licenses, and of collecting the tax licenses, for the benefit of the city, upon the following business and property, to-wit : Upon each and every person, within the limits of said city, who shall vend any goods, wares or merchandise, wines, or distilled and fermented liquors, drugs or medicines, jeM'elry, or wares of precious metals, and persons who keep horses and carriages for rent or hire, (except mules, horses or animals used in the trans- portation of goods,) that is to say, all persons dealing in the aforesaid business in said city, and whose average monthly sales, rents or receipts are estimated at one thousand dollars, and less than five thousand dollars ; and those, also, whose average monthly sales, rents or receipts are one thousand dollars, and less than one thousand dollars ; also, upon all taverns, inn- keepers, and upon all persons who may sell and dispose of any malt, spirituous or fermented liquors or wines, in less quantities than one quart, and the said licenses shall be issued quarterly or yearly ; also, upon every person with the limits of said city, who shall keep a stallion, jack, bull or ram, and who shall permit the same to be used for the purpose of* propagation, for hire or ])rofit, which license shall be a yearlv license : all of which licenses, when granted by said city, and duly obtained by the person or persons desiring the same, shall entitle them to carry on said business, trade or profession in said city ; but this section shall not be so construed as to require those havint' licenses for carrying on said business, to obtain one from the city until the expiration of the licenses now held by them.
30
OAKLAND DIRECTORY
TIME AXD IMETirOU OF LEVYING TAXES.
Sec. C. The City Council sliall, between the first Monday in Jannary and the first Monday of March, in eacli year, by ordi- nance, levy a tax sufficient to pay the interest on the funded debt of said city, and in addition thereto, any amount they may deem necessary for any and all purposes for M'hicli they are authorized to levy a tax, the wliole amount of which, not exceeding one and one-fourth per cent, on all real and personal property. Such ordinance shall designate the number of cents which shall, on each one hundred dollars of taxable property, real and personal, and improvements, be le%'ied. The City Council shall, prior to the first Monday of March, of each year, furnish, or cause to be prepared, suitable and well bound books for the use of the Assessor, in which he shall enter his tax list or assessment roll, as hereinafter set forth.
Sec. T. Every tax levied under the provisions or authority of any ordinance passed in pursuance of this Act, is hereby made a lien upon the property assessed, which lien shall attach on the first Monday of March in each year, and shall not be satisfied or removed until the taxes are all paid, or the property has absolutely vested in a purchaser, under a sale of taxes.
Sec. S. Eveiy ordinance passed by the City Council shall be presented to the Mayor, for his approval ; if he approve, he shall sign it ; if not, he shall return it within five days there- after, or if the Citj Council be not then in session, at its next meeting, when said City Council shall reconsider said ordinance, and if approved by two-thirds of all the members elected to such Board, it shall take eft'ect and stand as an ordinance of the city.
DUTIES OF THE ASSESSOR.
Sec. 9. It shall be the duty of the Assessor, before entering upon the duties of his office, and within ten days from the time he has received his certificate of election, to qualify, and also to file his ofilcial bond, payable to the city, with two or more
OAKLAND DIRECTORY.
31
sufficient securities, in such sum as the City Council shall de- termine, for the faithful discharge of his official duties. If the Assessor shall neglect to assess any property liable to be taxed, or shall fail to ])erform his duties in the manner, time and fonn prescribed in this charter, he shall be liable on his official bond for all the damages and losses the city or any person may sustain, by reason of said neglect.
Sec. 10. The Assessor shall have power to administer oaths or affirmations, contemplated by law, in the discharge of his official duties.
Sec. 11. Between the first Monday i*i Marcli and the first Monday in August, in each year, he shall ascertain, by diligent inquiry and examination, all property within the corporate limits of said city, real or personal, sul)ject to taxation, and also the names of all persons, corporations, associations, companies or firms, owning, claiming or having the possession or control thereof; and he sliall determine the cash value of all such prop- erty, and shall list and assess the same to the person, firm, cor- poration, association or company, owning or having the posses- sion, charge or control thereof; provided, that real joroperty shall be assessed to the person, firm, corporation, association or company, owning or liaving possession, charge or control tliereof, and to all owners and claimants, known and unknown ; and, provided, further, that where the owner is unknown to the Assessor, it shall be assessed to unknown owners. For the jiur- pose of enabling the Assessor to make such assessment, he shall demand from each person and firm, and from the President, Cashier, Treasurer or Managing Agent of each corporation, association or company within the city, a statement, under oath or tiffirmation, of all the real estate and personal property within the city limits, OA\nied or claimed by, or in the possession or control of, such person, firm or corporation, association or company. If any person, officer or agent, shall neglect or refuse, on the demand of the Assessor, to give, under oath or affirmation, the statement recpiired by this section, the Assessor sliall make an estimate of the value of the taxable property
32 OAKLAND DIRECTORY.
which such person, officer or agent neglected or refused to ren- der, under oath or affirmation, and the vahie so fixed by the Assessor shall not be reduced by the Board of Equalization.
Sec. 12 At the same time and in the same manner as the other lists of property herein required are given, each and every person shall deliver, under oath or affirmation, to the Assessor, a similar list of all the re.al estate, Mith the improvements thereon, if any, and other personal property, which he, and the firm of which he is a member, and the corporation, association or company, of which he is President, Cashier, Treasurer, Secretary, Trustee or Managing .^ent, owns, claims or has charge, pos- session or control of, witliin the limits of the city, which list shall particularly describe each block or plot, or if less than a block, each lot, so that each may be found and known by reference to the official map of said city ; also, all vessels, steamers and other water crafts ; also, oyster beds, and, extent and location thereof; and shall also specify each and all deposits, and with whom such deposits are made, and the place or places in which the same may be found ; also, all bonds, notes, mortgages, due bills and other evidences of debt, together with all money and gold dust ; and shall also specify the kind and nature of all other personal property belonging to, or under the control, charge, or in the possession of, him or them.
Sec. 13. If any person shall wilfully make, or give, under oath or affirmation, a false list of his, her or their taxable prop- erty, under his or her control, such person shall be deemed guilty of perjury, and upon conviction thereof, shall be punished there- for as is by law provided for the punishment of perjury.
Sec. 14. If any person shall give the Assessor a false name, or shall refuse to give his or her name, or shall refuse to give a list of property theretofore provided, or shall refuse to swear, or affirm, to such list, he or she shall be deemed guilty of a mis- demeanor, and shall be arrested upon complaint of the Assessor, and upon conviction before the Mayor, or a Justice of the Peace, he or she shall be punished by a fine, of not less than ten dollars nor more than five hundred dollars, or by imprisonment, not less
OAKLAND DIRECTORY
33
than two days nor more than two months, or by both such fine and imprisonment.
Sec. 15. It shall be the duty of the Assessor to prepare a tax list or assessment roll, alphal)etically arranged, in the book furnished for that purpose, in which shall be listed or assessed all the real estate, and improvements on real estate and on publi(; lands, and all personal property within the limit* of the city. And he shall set down in separate columns :
J^lrst— The names of the taxable inhal)itants, firms, incor- porated companies, or associations, in alphabetical order, if known ; if unknown, the property shall be assessed to unknown owners ; and if any person shall refuse to make a statement of his property, under oath, as required, that fact shall be noted under his name.
Second — All real estate and improvements, taxable to each inhabitant, firms, incorporated com])anies, or associations, de- scribed by " plots," " blocks," *' lots," or fractions of lots, where it can be done ; and where it is by plots, give, as near as may be, the number of acres ; and if any lands or improvements have not been plotted, then describe the same by metes and bounds, and the number of acres, and location ; provided, that when two or more parties claim, or give a description of, the same land, it shall be assessed to each party making such claim, or giving such description, according to the estimated value of the claims of each.
Third — The cash value of real estate, and the improvements thereon.
Fourth — The cash value of all the improvements on real estate, where the same is assessed to a person other than the owner of said real estate.
Fifth — The cash value of all personal property, except im- provements on real estate or public lands, taxable to each.
Sixth — TiiC total value of all property taxable to eacii.
And no further desci-iption of personal property than that required by the foregoing provisions of this section shall be
J
3-t OAKLANDDIRECTORY.
needed, or be requisite, to render tlie assessment binding and efteetive.
Seo. 10. On or before the lirst Monday in August, in each year, tlie Assessor shall comj^lete his list or assessment roll, and shall attach his certificate thereto, and deliver it and the books, and any map he may have accompanying the same, to the Clerk of the city ; and the Clerk shall therenpon notify the Board of Equalization, and the tax payers, of the facts, by posting three notices, specifying the time of the meeting of said Board for the purpose of equalizing the taxes. Said roll shall be kept open in his office, for public inspection.
Si:(;. 17. It shall be lawful for the Assessor, at any time sub- sequent to the first Monday in August, and prior to the last Sat- urday in October, of each year, to assess any property which shall not be on the regular list, and he shall enter such assess- ment in a separate portion of the tax list or assessment roll, under the head of '' Subsequent Assessments," and shall deliver the original assessment, or a true copy thereof, to the Clerk of said city, to be by him compared with the entries on the assess- ment roll, which subsequent list shall l)e certified to liy the Assessor.
BOAED OF EQITAI.IZATIOX.
Sec. is. The Mayor of said city, the President of the City Council, the City Marshal and the Clerk of the city, shall con- stitute a Board of Ecjualization, and said Clerk shall be the Clerk of said Board. The Board shall meet on the second Monday of August, and shall continue in session from time to time, luitil the business of equalization, presented to them, is disposed of; provided, however, they shall not sit after the first Monday in September, except as hereinafter provided. The Board of Equalization shall have power to determine all complaints made in regard to the assessed value of any property, and may change and correct any valuation, either by adding thereto, or deducting therefrom, if they deem the sum fixed in the assessment roll too small or too great, whether said sum was fixed l)y the owner
OAKLAND DIRECTORY. 35
or the Assessor ; except, tluit in cases Avliere the person coni- phiining of tlie assessment lias refused to give tlie Assessor his list, under oath, as reijuired nnder this Act, no reduction shall be made bv the Hoard of Ecjualization, in the assessment made by the Assessor ; and if the Board of Eqnalization shall find it necessary to add to the assessed valuation of property on the assessment roll, they shall direct the Clerk to make a list of the names of all ])ersons Avhose assessments have been so added, to and opposite the name of each person on said list they shall state the amount so added on the assessment roll, a copy of which list, certified to by said Clerk, shall be posted at some i)nblic or con- spicuous place in said city, which list shall be posted prior to the first Monday in September; and it shall also contain a notice that the Board of Equalization will again meet, on the second Monday of September, to hear and determine any and all com- ])laints in relation to said increased assessment. And the Board shall meet on the second Monday of September, for said purpose, and may, if necessary, continue in session, from time to time, during said week ; but no person shall be entitled to be heard in the matter, unless ho shall make affidavit that he did not appear before said Board in August, or if he did so appear, that he had no knowledo-e (»f such increased assessment or valuation while said Board were in session in Septentber ; and any and all changes, which said Board shall then make, shall at once be entered on the assessment roll or list, and the same shall also be noted on the original increased assessment list.
Sec. 10. During the session of the Board of Ecjualization, the Clerk shall enter upon the assessment roll all the clianges and corrections made by the Board, and he shall also add u}) the columns of valuation of each des(M'iption of property on the roll ; and on or before the third Monday in Septend)er, as to the original assessment roll, and on or before the second Monday in Novend)er, as to the subsequent assessment roll, he shall deliver a corrected roll, duly certified by him, or a certified copy thereof, to the Tax Ccdlector.
Seo. 20. Upon the first Monday in November, the Board
30 OAKLAND DIRECTORY
of Equalization shall again meet, to equalize the subsequent assessment made by the Assessor, and to hear complaints, as provided in the foregoing sections. A quorum of said Board shall consist of three of any of the persons composing said Board, and a quorum of said Board shall be sufficient to consti- tute the Board of Equalization, and for the transaction of busi- ness ; and, should the Glerk be absent at any of the meetings of said Board, said Board may appoint one of their number to perform his duties herein described, during his absence.
DUTIES OF TAX COLLECTOR.
Seg ; 21. The City Marshal, who shall be ex officio Tax Col- lector, before entering upon the duties of his office, shall execute to the City of Oakland an official bond, with two or more suffi- cient sureties, in such sum as the City Council may direct, and to be approved by the Mayor, conditioned for the faithful per- formance of all the duties of City Marshal and all the duties of Tax Collector, as required by law, or as may be required by virtue of any ordinance of the city, and shall take the oath of office, which shall be indorsed upon his certificate of election or appointment.
Seo. 22. The Tax Collector is hereby authorized and em- powered, and it shall be his duty, upon the entry of any assess- ment of movable property, to any firm, person, corporation, association or company, who does not own real estate within the city, to demand forthwith the 2:)ayment of the taxes ; and if any such person, firm, corporation, association or company, shall neglect or refuse to pay such taxes, the Tax Collector shall seize sufficient of the personal property of the party so neglect- ing or refusing to pay, to satisfy the taxes and costs, and shall post a notice of such seizure, with a description of the property, and the time and place where it will be sold, in three public places in the city, and shall, at the expiration of five days, proceed to sell, at public auction, at the time and place men- tioned, to the highest bidder for cash, a sufficient quantity of said property to pay the taxes and exj^enses incurred ; and for
OAKLAND DIRECTORY. 37
tliis service tlie Tax Collector shall be allowed from the deliii- qiieiit party a fee of three dollars, and the same mileage that a Sherifi* would be entitled to receive for traveling to the place to make a levy ; and npon payment of the purchase money, he shall deliver to the purchaser the property sold, together with a cer- tificate of sale, and the amount of taxes or assessments and expenses thereon, for which the property was sold, whereupon the title to the property so sold shall vest absolutely in the pur- chaser.
Sec. 23. The Tax Collector shall, on the first Mondav in each month, return to the Clerk a list of all collections made under the preceding section, and it shall l)e the duty of the Clerk to mark the word " paid "' on the original, or subsequent assessment roll, opposite the name of each party whose taxes are so paid, as soon as the same shall have been delivered to him.
Sec. 2-1. The Tax Collector, upon receiving the assessment roll, or the duplicate thereof, shall proceed to collect the taxes, and shall forthwith give notice, by pul)lication in a newspaper, if there be one piiblished in the city, and if not, by posting three notices in three piiblic and conspicuous places in the city, that the city taxes are due and payable, and that the law in re- gard to their collection will be strictly enforced. The Tax Col- lector shall be chargeable for all the taxes on the roll assessed.
Sec. 25. Whenever any tax is paid to the Tax Collector, he shall mark the work " paid," and the date of the payment, oppo- site the name of the person, or the description of the property, liable for such tax, and shall give a receipt therefor, specifying the amount of the assessment, the amount of the tax, and a de- scription of the property assessed ; but the Tax Collector shall not receive any taxes on the real estate for any portion less than the least subdivision entered on the assessment roll ; ^^/'(wvWe'f/, always, that an owner of an undivided real estate may pay the proportion of taxes due on his interest therein.
Sec. 2G. On the third Monday in November, of each year, the Tax Collector, at the ^^lose of his ofiicial duties on that day, shall enter upon the assessment roll, or duplicate, as the case
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may be, a statement, that lie lias made the kn y upon all the property therein assessed, tlie taxes upon which have not been paid, and sliall immediately ascertain the total amomit of taxes then delinqnent, and he shall immediately enter in a book, to be styled '' The Delinqnent Tax List," a list of all persons and property then owing taxes, in the manner entered in the assess- ment roll, to which the Tax Collector shall append his certifi- cate, and in said certilicate he shall set forth that the persons and property set forth in said delinqnent list have not paid the taxes tlierein assessed, and that all those having paid taxes have been dnly marked on the assessment roll " paid," and he shall certity the same, by his oath, before the Clerk of the city, who, for all pnrposes connected with city offices and business, is hereby authorized to administer oaths ; which delinquent tax list, certiiicatc and oath, shall be completed, and the same de- livered, together with the assessment roll, or duplicate, as the case may be, by the iirst Monday in December, to the City Clerk, and, after the third Monday in November, the Tax Col- lector shall receive no taxes.
Sec. 27. The Tax Collector shall, on the first Monday of each month, and oftener, if required by the City Council, pay over to the City Treasurer, all the moneys collected by him for taxes, and shall take the City Treasurer's receipt for the same, and he shall, at the same time, deliver to the Clerk of the city, a true, full, and correct account of all his transactions and receipts since his last settlement, as Tax Collector, made with the Treasurer, but he may retain duplicates of his receipts, in which statement he may set forth that all the money collected by him as Tax Collector has been paid to the Treasurer, and the Clerk shall file the same. On tlie first Monday of December, in each year, the Tax Collector shall attend at the office of the City Clerk, and they shall carefully examine the assessment roll, and if there be a duplicate, compare it with the original, and they shall foot up the taxes which are not marked "paid,''mnd deduct said amount from the whole amount of taxes, and the Clerk shall credit the Tax Collector with the amount of the delinquent taxes, and
OAKLAN.D DIRECTORY. 39
charge liim Avitli the bahiiiee. The Clerk shall alsoyerecUt the Tax Collector Avith the sum specified in the Treasurer's receipts, giving the amount and date of each receipt, aud shall thereupon strike the balance, and uiake full and final settlement,
Skc. 28. If the Tax Collector shall refuse, or wilfully neglect, for a period of five days, to make full payment to the Treasurer, of all the taxes collected hy him, and to present the receipt or receipts thereof to the Clerk, and make a fulljand"final settle, ment, as in this Act provided, he and his sureties shall be held liable to pay the full amount of taxes charged upon the assess- ment roll, and the City Attorney shall immediately cause suit to be brought against him and his sureties, for the full amount due on the assessment roll, and if such suit is brought, no credit or allowance whatever shall be made for the delinquent taxes outstanding.
Sec. 29. It shall be the duties of the City Marshal, the Tax Collector, the Treasurer, the Clerk, and the Assessor, whenever required by the City Council, to make their reports to the said Council, and in the manner required of them, and in their re- ports to embody all the matters and information required per- taining to the duties of their respective oftices.
Skc. 30. If the Assessor, or the Clerk, or Treasurer, or Mar- shal, or the Tax Collector, shall wilfully neglect, or refuse, to perform any of the duties enjoined on him by the provisions of this charter, or the duties properly imposed upon them by virtue of any ordinance passed by the City Council, he shall be guilty of a misdemeanor in office, and, upon conviction thereof, before any Justice of the Peace, he shall be punished by a fine, of not more than five hundred dollars, or by inqu'isonment, not more than six months, or by both such fine and imprisonment, and his office shall forthwith become vacant.
Sec. 31. The City Clerk shall, within ten days after receiving the delinquent tax list, deliver the same, duly certified by him to be correct, as the same appears by the assessment roll, to the City Attornev. »
•10 OAKLAND DIRECTORY.
METIKJD OF COLLECTIXG DELINQUENT TAXES.
Sec, 32, Tlie City Attorney, upon the receipt of said delin- quent tax list, sliall cause three notices to be posted, in the most public places in the city, setting forth that the said delinquent list has been delivered to him, and that unless the taxes are paid within five days, he Avill commence suits for the recovery of the same.
Sec. 33. The City Attorney is hereby authorized and re- quired immediately after the expiration of the five* days' notice in the previous mentioned sections, to commence actions, in the name of " The City of Oakland," against the persons so delin- quent, and against the real estate and improvements assessed to delinquents, and against all owners or claimants to the same, known or unknown ; said actions shall commence before the Mayor, acting ex officio as Justice of the Peace, or in any Jus- tice's Court in said city, or in the District Com*t of Alameda County, where the amount claimed is over two hundred dollars ; provided^ that if the property be assessed to an unknown owner, then any fictitious name may be inserted, to represent such true owner or owners, as defendant in said cause.
Sec. 34. Upon filing the complaint in the District Court, or before the Mayor, or any Justice of the Peace of the city, a sum- mons shall be issued, as provided in civil cases.
Sec. 35. The summons issued upon cases in the District Court, arising under this Act, shall be served personally upon the defendant ; jpromded,, that where the defendant does not reside in the County of Alameda, or if he is not found in the county by the Sherift", or his deputies, it shall be served by de- positing a copy of the sunnnons in the post office, directed to the defendant, and by posting a copy of the sunnnons in a conspicu- ous place at the Com-t House door, for the period of twenty days ; and it shall be the duty of the Sherifi", without order of Court, to post said summons in cases coming within this pro- vision, where the defendant does not reside, or is not found,
OAKLAND DIRECTORY,
41
witliin the county, and the service of the suninions shall be deemed complete at the expiration of twenty days from the time of being thus posted.
Sec. 36. The summons issued from a Justice's or flavor's Court, under the provisions of this Act, shall be made returna- ble on the tenth day from the date of its issuance, and shall, on the day ot its issuance, be delivered to the ^Marshal or Constable, for service, and shall be served personally, at least two days be- fore the return dav, and it shall be the dutv of the officer in whcise hands the summons is placed for service, on the second day after he has received the same, if he has been unable to find the de- fendant in the city, to deposit a copy of the summons in the post office of said city, directed to tlie defendant ; and, also, to post a copy in a conspicuous place at the Council room door, for six days, at the end of which time the service shall be deemed com- plete, and for all purposes, shall be as effectual as if the summons had been served personally.
Skc. 37. The defendant may answer, which answer shall be verified :
First — That the taxes have been paid before suit.
Second — That the taxes and costs have been paid since suit, or that the property is exempt from taxation, under the provisions of an Act of the Lesjislature.
Third — Denying all claim, title, or interest in the property assessed, at the time of the assessment.
Fourth — Fraud in the assessment, or fraud in failing or neg- lecting to comply with the provisions of this Act, by which fraud? the party, or property assessed, has suffered injury.
Provided^ however, that the acts herein required, after the assessment, shall be deemed directory merely, and no other answer shall be permitted.
Sec. 38. The delinquent list, or a copy thereof, duly certified as before provided, showing unpaid taxes against any person, or property, shall be prima facie evidence in any Court, to prove tlie assessment, the property assessed, the delinquency, the amount of taxes due and uni)aid, and that all the forms of law, in rela-
42 OAKLAND DIRECTORY.
tion to the assessment and levy, have been complied with.
Sec. 39. In case jndgment is rendered for the defendant, it shall be general, without costs, and may be entered in favor of some one or more of them, and against others, as in other civil cases ; and in case judgment is for the plaintiff', it may be en- tered ao-ainst such defendants as is found liable for the tax, and for such amount, or portion thereof, as he or they shall be ad- judged liable; i^rovided^ '^^^ personal judgment shall be rendered, unless the person against whom it is rendered shall have been served Avitli a summons, as in this Act provided, or unless he shall have appeared in the action. Judgment may be entered against the real estate and improvements, severally, for taxes, severally assessed and levied thereon, and when it shall appear upon the assessment roll, and not be disproved on the trial, that the real estate and improvements belong to the same person or persons, then judgment may be rendered against said real estate and improvements, jointly, for the taxes thereon, or such part thereof as may be adjudged. _ Such judgments, docketed in the District Court, shall become liens against all property against which judgment is rendered, from the date of such assessment, and against all other real estate of the person assessed, subject to execution for the amount of any judgment against him from the time of such docketing, as in other civil cases, and the City Attorney may file transcripts of judgments rendered in Justice's Court, under this Act, with the County Clerk, and they shall become liens from and after such docket- ing ; provided, however, that when the lien attaches against the ; property owing the taxes, such lien shall not be released until the delinquent taxes are paid thereon, and the County Clerk may issue executions thereon. Judgments may be rendered for want of an answer, as in other civil cases. In case any person shall be sued on land and improvements, of which he was the owner, or in which he had a claim, or interest, at the institution of the suit, and shall be discharged from personal liability, ; imder an answer in conformity with the third subject matter of ' defence, as above referred to, and such lands, or improvements.
OAKLAND DIRECTORY. ^^
shall be sokl under a judfjmeiit obtained aj^ain^t it, and shall thereafter be redeemed by siu-li discharged defendant, or if he shall pay the taxes and cost, to prevent sale, then such person- ally discharived defendant shall have, and is hereby given, the right of recovery over against the owner at the time of the assessment, for the full snm of taxes and costs, or redemption money paid ; and in every case of such recovery, the judgment shall' in addition to the taxes and costs, or, in addition to the redemption money paid, include twenty-five per cent, of the amount of taxes and costs, or redemption money, as liquidated damages, and the receipt of the City Attorney, Sheriff, or Mar- shal, shall be sufficient evidence of the debt and amount.
Sec. 40. An Act to regulate Civil Cases in Courts of Jus- tice of this State, and the several Acts amendatory thereto, so far as the same are not inconsistent with this charter, are hereby made applicable to proceedings under this Act, but so far as they conflict with the charter in their application to cases arising under this Act, are hereby repealed ; also that part of the Revenue Law of this State, so far as the same is not in conflict with the provisions of this charter, is also made appli- cable, but in every particular in which it is in conflict with this charter, as to the manner of levying and collecting of taxes in said city for city purposes, and so far as it conflicts with the manner of issuing and collecting of license in said city, is hereby repealed ; and any deed derived from a sale of real property under this Act shall be conclusive evidence of title, except as against actual fra\id, or payment of taxes by one not a party to the action f.r judgment in or upon which sale was made, and shall entitle the holder thereof to a writ of assist- ance from the District Court, to obtain possession of such prop- erty ; provuM, that the Sheriff or Marshal, in selling said prop- erty, shall sell the smallest cpiantity that any purchaser will take and pay the judgment and all costs ; and, 2^rovic1ed, that the said real estate may l)e redeemed as in the other case^ of sale under execution. All sales of real estate for delinquent taxes, as in this charter ]>rovided, by virtue of any execution issued
^ OAKLAND DIRECTORY.
by the Mayor or Justice of the Peace, sliall be made by tlie City Marshal, and in front of the Council Chamber, and upon such notice as is required by law; and he shall execute and deliver a certificate of sale to the purchaser ; and when the time of redemption has expired, if the property be unredeemed , he shall execute and deliver a deed for the premises so sold, to the purchaser or his assigns.
Sec. 41. The City Attorney shall receive, as fees, ten per cent, on the amount of taxes due, if paid after delinquency, and before such suit is brought, and lifteen per cent, if paid after suit is brought, which shall be added to the amount of taxes due ; and in all cases after delinquenc}^, iive per cent, shall be added to the amount of taxes due, for the benefit of the city, and such fees shall be taxed up as costs. All officers shall perform such service as may be required of them under this Act, without payment of fees in advance ; and, all costs shall be taxed and entered in the judgment against the person or property, where the judgment is in favor of the plaintiff; provided, no costs shall be paid to any officer, unless the same be collected of the defendant or from the property.
Sec. 42. It shall be the duty of the City Attorney, as soon as any delinquent tax has been paid, to enter the same on the delinquent tax list, and the time of payment opposite the name of the person or property so paying, and he shall, within one month, pay over the same to the City Treasurer, and take his receipt therefor ; and on the last Saturday before the first Mon- day of March, he shall make a final settlement, or sooner, if required by the City Council, and he shall then make affidavit that he has paid to the City Treasurer all the moneys collected by him, and that all that have paid to him taxes, as well as those from whom taxes have been collected subsequent to the time the delinquent list has been given to him, are marked " paid," on the delinquent assessment roll.
Sec. 43. If the City Attorney shall fail to make final set- tlement, as above provided, for the space of ten days, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof,
OAKLAND DIRECTORY. 45
sliall be fined, in any sum not more than five hundred dollars, or by imprisonment, not more than six months, or by both such fine and iin}>risonment, and his office shall thereui)on become vacant.
Sec. 44. The City Council may require of the City Attorney as well as of all the officers of trust, a good and sufficient bond, for the faithful discharge of all the duties imposed l>y law or ordinance, and each and all officers who fail or neglect to per- form all the duties imposed upon them, shall be liable upon their official bond, to the city, or to any party aggrieved.
Sec. 45. The Mayor elected under this charter shall, before entering upon the duties of his office, execute an official bond payable to the city, in such sum as the Council may direct, for the faithful discharge of his official duties, which bond shall be subject to the approval of the Council, and be deposited with the Clerk. He shall communicate to the Council, semi-annu- ally, or oftener, if necessary, a general statement of the situa- tion and condition of the city, together with such recommend- ations relative thereto as he may deem exjjedient ; he shall be vigilant and active in causing the ordinances of the city to be executed and enforced, and he shall be the head of the Police, and shall exercise a supervision and control over the conduct of all subordinate officers, and receive and examine into all such complaints as may be preferred against any of them, for viola- tion or neglect of duty, and certify the same to the Council. lie shall sign all ordinances and contracts made in behalf of the city, and countersign all licenses and warrants on the Trea- sury, and have jurisdiction of all violations of the city ordi- nances, and shall have, within the limits of the city, like piris- diction as is conferred on Justices of the Peace. He shall have power to administer oaths and afiirmations, and shall act as City Attorney until the next election after which he mav be appointed City Attorney, by the Council.
Sec. 46. The Treasurer shall receive, and pay out, all mon- eys belonging to the city, and keep an account of all receipts and expenditures, under such regulations as may be prescribed
J:6 OAKLAND DIRECTORY.
by ordinance ; lie shall make a monthly statement to the Coun- cil, of the receipts and expenditures of the preceding month, and keep all the papers and documents helonging to the city, attend the meetings of the Council, and keep a journal of their pro- ceedings, and a record of all their ordinances, and shall do all other things refpiired of him by ordinances.
Sec. 47. The Marshal shall execute, Avithin the city, and re- turn all processes issued and directed to him by the Justice or Mayor, arrest all persons guilty of a breach of the peace, or of a violation of any ordinance of the Council, and take them be- fore the Mayor, or any other legal authority Avithin the city ; he shall pay over all moneys into the City Treasury, received in pursuance of the ordinances of the Council ; and shall attend the meetings of the Council ; he shall also perform the duties of Street Commissioner, and do and perform such other duties as may be prescribed by ordinance.
Sec. 48. The officers or persons to whom the receipts or ex- penditure of the monej^s or funds of the city shall be entrusted, shall give secui-ity in such amount as the Council may recpiire, payable to the city, and subject to the approval of the Mayor ; such bond or bonds shall be subject to the provisions of the law concerning the official bonds of officers. In case such security becomes insufficient, additional security may be required, and if not o-iven, the Council bv a vote of two-thirds of the mem- bers, may declare the office vacant, and order a new election.
Sec. 49. All lines and other moneys received by any officer or person, under this charter, or collected under ordinance of the Coimcil, shall be paid' over, every month, by such officer or per- son, unto the City Treasurer, under oath ; and no officer shall be entitled to receive compensation for any services rendered, until he file his affidavit with the Mayor, that he has faithfully accounted for, and paid over all moneys received by him, and for which he is bound to account.
Sec. 50. The corporation created by this Act shall succeed to all the legal and equitable rights, claims, and privileges, and shall be subject to all the equal or equitable liabilities and obK-
OAKLAND DIRECTORY. ^-r
gation>^, made hoiia fide, of the Town and City of Oakland. And the City Council shall have full power to maintain suits in j)roper Courts to recover any right or interest to property which may have accrued to the Town and City of Oakland.
Sec. 51 . All sales or leases of property, belonging to the City of Oakland, shall be by public auction, to the highest bidder, and upon such terms and conditions as the Council may, by or- dinance, direct ; and all contracts for work, or supplies of any kind, for more than fifty dollars, sliuU be let to the lowest re- sponsible bidder, after ten days notice given, by posting the same in three of the most public places in the city, or by pub- lishing the same in any newspaper that may be established in said city or county.
Skc. 52. I-icenses shall be discriminating, and proportionate to the amount of business.
Sec. 53. The style of the city ordinance shall be as follows : "The Council of the City of Oakland do ordain as follows." All ordinances shall bo published, by Avritten advertisements posted uj) at the Mayor's office, and at three other publicj^laces in the city, or in a newspaper published in the city.
Sec. 54. Xo executive officer, nor member of the City Coun- cil, nor any ofiicer of the corporation, shall be directly, or in- directly, interested, nor shall he be secin-ity for any person who may be so interested, in any contract work, or business, or the sale of any thing whatever, the expense, price, or consideration of which is payable from the City Treasury, or by assessment levied uiuler an ordinance of the City Council.
Sec. 55. For all services rendered by the Mayor, he shall not receive any salary for the first year, but he shall be entitled to the same fees and emoluments for his acts as Justice of the Peace as are by law allowed to Justices of the Peace for similar services; and the City Marshal shall l)e entitled to the same fees as are by law allowed to Constables for similar services, and for all duties recjuircd of liim except as herein otherwise provided for.
48 OAKLANDDIRBCTORY.
Sec. 56. If any officer under this Act, or member of the City Council, shall remove from the city, or absent himself therefrom, for more than thirty days, or shall fail to qualify by taking the oath of office, as prescribed by law, or to file his official bond, whenever such bond is required, within ten days from the time his election is duly ascertained and declared, his office shall be thereby absolutely vacated, and the City Council shall thereupon fill the vacancy.
Sec. 57. [This section was amended and altered by " An Act supplementary to and to amend an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, and repealing certain other Acts in relation to said city, approved April twenty-fourth, eighteen hundred and sixty-two." The section provides for the adoption of a general plan or system of streets, and for the opening of streets in accordance therewith, the principal sec- tion of which Act is as follows : — ]
The City Council shall, when they may deem the same necessary, establish by ordinance a general plan or plans of streets, for any and all portions of the city not laid out into streets ; and after such plan or plans shall have been so estab- lished, any improvements which may thereafter be made, or erected, or constructed, within the lines of any street contem- plated by said plan or plans, shall not be included in any assess- ment of damages which may be made when the city proceeds to open said streets. Applications for opening any street or streets embraced in any plan heretofore adopted, or to be hereafter adopted, by the City Council, shall be made to the Council by petition in writing, designating the street or any part thereof desired to be opened, which said petition shall be signed by the applicant or applicants, and shall state their places of residence. If the City Council so resolve, it shall direct the City Marshal to give written notice to the owners or the occupants of the land embraced within the lines of said street, or owning or occupying the lands abutting upon the same, which said notice shall briefly state the substance of said petition, and shall require such
OAKLAND DIRECTORY. 49
owners or occupants to appear before sucli Council, at the time wliioh said Council shall designate by resolution, -which shall not be less than twenty days from the adoption of such resolution, and not less than ten days after the service of said notice upon said owners or occupants, then and there to state any objections they may have to the opening of said street ; jyrovided^ however, that whenever the lands embraced within said lines of said streets, or abutting upon the same, are vacant or unoccupied, or the owners or occupants thereof cannot be found within the limits of said city by said Marshal, then, and in that event, it shall be a sufficient service of said notice upon said owners or said occupants to post the same in a conspicuous place upon said vacant or unoccupied lands, and also at the office of the Mayor of said city, at least ten days prior to the said time lixed for said appearance.
At the time appointed for said hearing, the parties notified shall appear and briefly state, in writing, their objections, if any they have, to the opening of said street or streets ; and if dam- ages are claimed, shall also therein state the amount thereof; if damages are claimed, the Council shall designate a day to determine the same, which shall not be less than ten davs after the time so appointed to hear said parties as aforesaid. TTpon such designated day, or such other day to which the hearing of the same shall l)e continued, the Council shall proceed to hear the allegations of the parties, and such process as may be pro- duced in support of or against the same, for which jjurpose the presiding officer at such meeting of said Council shall have power to administer all necessary oaths or affirmations, and if the party to whom the same is administered shall wilfully, cor- ruptly, and falsely swear touching the matter in issue before said Council, he shall be deemed guilty of perjury, and upon con- viction thereof shall be punished by imi)risonnient in the State Prison for any term not less than one nor more than fourteen years. Thereupon, said Council shall separately assess the amount of damages to each person entitled to the same ;
(4) . ■ . •• : -s^ :
AUV'AMM-
• ^iNi' I* wi ■ iMi^fT* -.\.r. ■?.•<!
50 OAKLAND DIRECTORY.
provided^ that if the opening of said street or streets shall bene- fit the lands abutting upon or adjacent to the same, and increase the value thereof, such benefit and increase in value shall be es- timated and deducted from the damages. If, however, after being notified as aforesaid, said owners or occupants fail to ap- pear and claim damages as aforesaid, the said Council shall only award them nominal damages.
Any owner or occupant of land aggrieved by the action of the Council respecting the amount of damages allowed them, shall have the right to appeal to the County Court of the County of Alameda, where said question of damages, and none other, shall be heard anew and determined. Said appeal shall be taken by filing a notice with the Clerk of said County Court, and by serving a copy upon the Mayor of said city, within five days after said assessment of damages by said Council ; and within three days after the filing of such notice said aggrieved party shall cause to be transmitted to the said County Court a copy of the order or resolution of the Council, assessing said damages, certified to by the Clerk of the Council, for which copy and cer- tificate said Clerk shall be entitled to receive a fee of two dol- lars upon the filing of said certified copy of said order or reso- lution, in said Count}^ Court, together with an undertaking on the part of said appellants, in the sum of one hundred dollars, executed by two good and sufficient sureties, to be approved by the Mayor of said city, which said undertaking shall be condi- tioned to the efiect that the said appellants will pay all the costs of the appeal and all costs that may be recovered against him or them in said County Court ; jprovided^ he or they recover therein no greater sum as damages than were assessed or allowed by said Council, together with ten per cent, additional thereto. The County Judge shall order a special term of the County Court to be holden on a day to be designated, not more than ten days after filing said certified copy of said resolution or order, at which said special term, the said issue as to damages should be tried de n^>vo^ with or without a jury, as the parties may desire ; and upon the renc.ition of judgment therein, a certified copy
O AKL A N.D DIRECTORY. 51^
thereof shall be tninsinltted hy the Clerk of said Court to the Clerk of the City Council, who, upon the order of said Council, shall cause the amount thereof to be paid by the Marshal of said city to the parties entitled to the same, said ju<li;ment shall separately state the amount of damages to which each party is entitled. If the appellants, or either of them, recover no more in said County Com-t than the amount assessed to him by said Council, together with ten per cent, additional thereto, he shall l^ay the costs of the appeal ; but if he or they recover a sum more than ten per cent, beyond the amount so allowed, he shall be entitled to recover of said city the said costs of appeal ; j^ro- vided, that if any claimant of damages shall not give notice of appeal in the manner and within the time hereinbefore specilied, then he shall be deemed to have assented to said assessment of damages by said Council ; and provided^ further, that if any occupant or owner of such lands shall fail, after being notified as aforesaid, to appear and claim damages, he shall be deemed to have waived his right of appeal to said County Court.
The provisions of an Act entitled an Act to regulate proceedings in civil cases in the Courts of Justice of this State, and the Acts amendatory thereof and su})plenientary thereto, shall be applicable, so far as the same are not inconsistent with this Act. There shall be the same right to appeal from any such judgment rendered in said County Court, as if the action had been originally brought therein.
"When the amount of damages shall be finallv ascertained and determined, the said Council shall order the Marshal to pay the amount thereof to the parties entitled thereto, and upon such payment, or the tender thereof, the said Marshall shall proceed and open said street. All streets that have been laid out by the authorities of the Town or City of Oakland, and de- clared to be public thoroughfares or streets, and that have been used as such, shall be and are hereby declared public streets, to the extent that the same may have been used ; provided, that private rights of property shall not be affected thereby.
Sfx:. 58. An Act to incorporate the City of Oakland, passed
52 OAKLAND DIRECTORY.
March twenty-fifth, eighteen liundred and fifty-four, and also an Act to amend an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hnndred and fifty-four, approved May fifteenth, eighteen hundred and sixty- one, and also an Act amendatory of and supplementary to an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May fourteenth, eighteen liundred and sixty-one, and also all other Acts in conflict with the provisions of this charter, are hereby repealed ; ^yrovlded^ that the validity of the ordinances or proceedings of the Trustees of the Town of Oakland, and of the authorities of the City of Oakland, shall in no wise be afiected thereby.
Sec. 59. This Act shall take efiect from and after its passage ; but no part thereof shall be so construed as to alter the terms of ofiice to which the present officers of the city were elected at the last charter election, March third, eighteen hundred and sixty-two.
LAND TITLES IN OAKLAND.
ABSTRACT OF THE ORIGIN OF THE TITLE TO THE LAND ON WHICH THE CITY OF OAKLAND IS SITUATED.
S^
1 Government of Mexico
TO
2 Louis Ma Peralta,
TO
3 Ignacio Peralta, Antonio Pe- ralta, Domingo Peralta, Vincente Peralta,
J
October ISth, 1822.
Grant Ranclio of San An-
- tonio, embracing tlie land
upon wliicli the City of
Oakland is situated.
In 1842, a division jvas made of tlie ranclio of San Antonio among the four sons of Louis Ma Peralta, and they were put in possession of their respective i>ortions. To Yincente was given that portion embracing the City of Oakland. Li 1851 Louis Ma Peralta executed an instrument purporting to be a will, 'M-liich ratifies and con- iirms this division of the rancho among his four sons. The Su])reme Court, in the case of Adams vs. Ijfuslng, 17 Cal., says that this will estops the heirs of Louis Ma Peralta from denying the said gift to his sons. By this decision the •' Sistei-s " title is declared to be of nu validity.
.53
54
OAKLAND DIRECTORY
4: In 1S54, the Board of Land Commissioners confirmed the northern portion of the rancho San Antonio to two of the sons of Vincente Peralta ; and the same was afterwards, in 1855, confirmed bv the United States District Court, and afterwards December, 1S56, by the Supreme Court of the United States.
Kovember 28th, 1853. Release by deed to Yin- cinte Peralta, of that portion of the rancho San Antonio, embracing the City of Oakland.
Deed 13th of March,
o
Antonio Peralta, Ignacio Peralta, Domingo Pe-
ralta;
TO
Vincente Peralta,
TO
John Clar, {one-sixth) B. de la Bana, {one-iweJft/i) Jos. K. Irving, {mie-fourtli) Jacob A. Cost, {pne-fou7'th)
Jno. C. Hayes, Jno. Caperton.
{one-foiu'th)
1852. Hecorded in Con- tra Costa County. The original purchase and contract of sale made by ■- Antonio Peralta and Clar, in October, 1851, is made part of the deed. The acknowledgment has been pronounced imper- fect.
7 John Clar,
J.
TO K. Irving.
February, 1852. Deed recorded in Contra Costa Countv. i
8 B. DE LA Bana, TO
1
Jos. K. Irving, J. M. Goggin, \- W. C. Jones. j
Deed.
9 "VYm. C. Jones, TO ' Eugene Casserly,
Deed.
9 J. M. GoGGiNs, Eugene Cas- serly,
TO
J. Iv. Irving, Hayes & Ca-
PERTC»N, and Heirs of Cost, J
Deed.
OAKLAND DIRECTORY.
55
9 Jos. K. Irvinpt, Jno. C. IIayp:s, John CAPKitToN, Anna H. Pool, Cathkrine S. Lyon, Jas. Lyon,
(her husband) S. S. Young,
Alkxandkk II. Young, (her
husband.)
[Heirs of Cost, by Wm. S. Pool, their Attorney in fact.]
Executed partition deed, recorded in Ala- meda County. Married women executing hy at- -torney renders tlie in- strument imperfect as to some of the tliird parties.
10 Power of attorney sufficient in terms from Anna R. Pool et al., heirs of J. A. Cost, to Wm. S. Pool (defective as to mar- ried women), executed in Washington City in June, 1853, duly acknowledged, and recorded in Alameda County.
11 Power of attorney to Montgomery Blair, sufficient in terms, from same parties {except Serena jS. Young, who loas de- ceased and left minor heirs, for whom their father Alexander H. Young, signed the instrument, as guardian), executed and ac- knowledged in Washington City, February 2d, 1S54, and re- corded in Alameda County, May Cth, 1854.
12 In the same year the interests of the minor heirs of Serena S. Young were vested in Alexander II. Young, by proceedings in the Probate Court in San Francisco, deed recorded in Ala- meda County, June 14th, 1854.
13. Another partition deed to correct errors in description of lands in the former deed, the same in all other respects, except in place of Serena S. Young, deceased, was Alex. II. Young, and the heirs of Cost deceased, by M. Blair, their attorney in fact.
56
OAKLAND DIRECTORY
14 Anna K. Pool, TO
J. C. Hayes, et al.
15 Joseph Lyons and Wife,
TO J. C. Hayes,
16 Alexander H. Young,
TO J. C. Hayes, et al.
Deed referring to for- mer deed of partition, and ratifying and con- firming the same in all respects, and all acts of ' Pool, Blair and Black, as agents, executed in the City of Washington, in September, 1858, record- ed in Alameda County.
Ratifying proceedings as set forth in the fore- going deed.
To the same effect as Nos. 14 and 15.
The title to the different lots and blocks in the City of Oak- land is to be traced to the partition deeds, and can be traced thence to the Mexican Government.
OAKLAND CITY— PAST AND PRESENT.
On tlie foiirtli day of May, eighteen hundred and lifty-two, when tlie land upon wliich the present City of Oakland is sit- uated was under the jurisdiction of Contra Costa County, an Act incorporating the Town of Oakland was approved by the Governor of the State, and on that day commenced the corpor- ate existence of what the present generation is likely to see developed into the most important city bordering upon the Pacific Ocean ; the western terminus of the Pacific Railroad, the greatest work of this or any other age.
j The Act incorporating the Town of Oakland was brief, and
its provisions were few. A Board of Trustees, consisting of five 1 members, was created ; and in this Board was vested power to '. use the property of the town in whatever way would best pro- mote its interests. The property then at their disposal was the extensive water front surrounding the city, which was at the same time granted to it by the Legislature and owned by the corporation. The narrative of this property from that day i until the present time would form one of the most interesting I chapters in the history of California litigation that could be written ; but the restricted limits of a Directory forbid anything more than a faint outline. In this and other matters of the past
we must be brief. Our business is to lay before the public facts , that are of present interest and importance, rather than amuse, ' and perhaps instruct, by narrating events that have long since
transj)ire(l. There is wanted a comprehensive history of our I city : its annals are still unrecorded. When impartially written,
58 OAKLAND DIRECTORY.
they will constitute a work of tlie greatest local importance and interest.
Previous to the passage of the first Charter, A. J, Moon, Edson Adams and Horace W. Carpentier had settled upon the land now occupied by the city, made a map of the eastern por- tion, and in accordance with its lines sold lots and blocks, giving quitclaim deeds, transferring their right, title and interest. They erected the first buildings, and were in point of fact the founders of the city. A small population had been attracted here, sufiicient to require a town government. ;
The Board of Trustees first elected consisted of A. W. Barrell, A. J, Moon, Edson Adams, A. Marier and A. Staples. Mr. Marier was elected President of the Board, and A. S. Hurlbutt was appointed Secretary, May seventeenth, eighteen hundred and fifty-two, Mr. Barrell introduced a bill or ordi- nance for the " disposal of the water front belonging to the Town of Oakland, and to provide for the construction of wharv^es," which was unanimously passed. The ordinance granted unto H, W. Carpentier, his heirs and assigns, the use of the water front for thirty-seven years, with the exclusive right to erect wharves and docks and collect tolls and wharfage. In consideration of these privileges, he was to build three wharves and a school house. By subsequent action the title was vested in him forever. The deed' to the property, under the ordinance of May seventeenth, and an agreement bet%veen the contracting parties, was duly signed and executed. December thirtieth, what is now termed Broadway wharf was completed, and an ordinance approving and accepting the work was passed by a unanimous vote. J uly twelfth, eighteen hundred and fifty- three, the Board of Trustees received a communication from » Mr. Carpentier giving ofiicial notice that he had built a " sub- stantial, elegant and commodious school house," and that a free school was at the time maintained at his own expense. He delivered to the Board a conveyance of the house and a deed to the lot on which it stood, the corner of Fourth and Clay streets.
OAKLAND DIRECTORY. 59
Aufijust sixtli, eighteen huiidre<l and iitVy-tliree, the Board adopted an official seal, and the City Council, at a subsequent date, adopted the same, sulwtituting the words '* City of Oak- land " for " Town of Oakland."
August twenty-seventh, Mr. Carpentier notified the Board that in pursuance of his contract with the city he liad expended about twenty thousand dollars on wharves, and that he was pre- pared to make further outlay, but deemed it unnecessary. At the same time he proposed to abandon the collection of wharf- age, provided the Board of Trustees would undertake to perpet- ually keep all the wharves in good order and repair. The proposition was not accepted by the Board,
At this time there was a demand on the part of many of the people that the water front property should be recovered from Cai-pentier by legal process, the action of the Board of Trustees having been denounced and considered by many to be illegal, if not dishonest. The popular element Avas not represented until after the incorporation of the city and the election of the second Council, under the Charter of eighteen hundred and tifty-four.
The corporate existence of the City of Oakland began March twenty-fifth, eighteen hundred and fifty-four, at which date an Act incorj>orating the city was approved by the Gov- ernor. At the election for corporate ofticers, held innnediately thereafter, three hundred and sixty-eight votes were cast, and the following ofticers were elected : Mayor, II. "VV. Carpentier ; City Marshal, John Iloi^aii ; Citv Clerk, J. B, I)un«^linf'son ; Assessor, J. S, Tubbs; Councilmen — E. Gallagher, A. D, Eames, J. Kelsev, Geo. M. Blake, W. C. Josselvn, A. Marier. This Council had before it the important work of passing the first ordinances for a city rising in importance and having before it a future then deemed most bright and promising.
April ninth, eighteen hundred and fifty-four, the first mes- sage of the Mayor, 11. W. Carpentier, was transmitted to the Council, and is the most comprehensive document of the kind recorded in the archives of the citv. After dwell injr at srreat length uiH>ii the local legislation which should be taken, and
60 OAKLAND DIRECTORY.
making many suggestions and recommendations, he glances at the future of the city, and seems to have correctly divined it, as can be seen from the following remarkable passage, which we copy from the minute book for the year eighteen hundred and fifty-four.
" The attention of capitalists in Eastern cities and of men connected M'ith the several schemes for the construction of an Atlantic and Pacific Eailroad is being strongly directed toward Oakland as the Pacific terminus and depot of the road, and hydrographic surveys, recently made, prove that the margin of the basin easterly from Yerba Buena Island, within the limits of the city, would be admirably adapted to that purpose. AVith the expenditure of a small sum in removing obstructions from its harbor, the commercial capabilities and advantages of Oak- land would equal those of any town in the State. While the San Antonio Inlet, with its ever-placid waters, running through the whole extent of the city, would give anchorage to hundreds of sails of small vessels; the deep waters of the Bay of San Francisco at its north side aftbrds a safe and commodious harbor for the largest merchantmen.
" The distance from Oakland to San Jose is less than forty miles, through a rich valley, the natural grade of which is so perfect that a railroad might be built in a straight line between the two places, with scarcely a rod of artificial grading. To Stockton, the distance by land is little over one-third of the dis- tance by water. By a pass through the Contra Costa Moun- tains, a little to the southward, and by another pass in the Monte Diablo range, in the direct route, a railroad can be easily constructed between Stockton and this place, which would be- come the great thoroughfare for travel and the common carrier of merchandise to the rich vallevs which skirt the Tulare Lake and to the Southern Mines."
This message was published in a newspaper at that early day, issued in this city, the " Alameda Express."
The earlier Councils of the city apjjeared to be inspired by the same feeling that animates the Council of the present time.
OAKLAND DIRECTORY.
CI
They believed that the city was to become one of great import- ance, and they acted accordingly. A Police Force was or- ganized, and John Scott was elected Chief Engineer. There were two Engine Companies, and one Hook and Ladder Com- p.niy_Empire Fire Company No. 1, Washington Fire Com- pany No. 2, and Oakland Hook and Ladder Company. The cisterns still' to be seen on Broadway, between First and Fourth streets, were then constructed. A Board of School Directors was organized, consisting of Professor Henry Durant, James Lentell, and C. T. Jacobus. As these steps were premature, it was the natural result that the several departments thus organ- ized had but a Inief existence, and the management of all local matters speedily returned to the Council, and was retained by that body until the commencement of our present era of pros- perity. The Fire Department had but a short-lived existence, and to the present day Oakland has had no means of resisting the fiery element. The office of the City Engineer was then
created.
The Council was seriously embarrassed by the defalcation of the City Marshal, who. absconded, taking with him about $10,000 belonging to the city. He was pursued, and eventually captured and brought to punishment. The succeeding Council, which was radically opposed in sentiment to the one first elected, more fully felt the trouble attendant upon this act of official dishonesty.
The Council of 1854 had passed an ordinance granting cer- tain parties the right to build a wharf upon the water front of the city, and granting other privileges, which was vetoed by the Mayor, August 14th, 1854. From this message we take a short extract, as it is the principal one of the very few written, and public statements ever made by the individual chiefly interested:
" And in this connection permit me to ask your candid con- sideration of the fact that the fran(thise of wharfage and the land proposed to be granted do not belong to the city to grant
or control.
" The land mentioned is a part of the Water Front of Oak-
62 OAKLAND DIRECTORY.
land, whicli was ceded by the State to the town in tlie iirst Act of incorporation, passed May ith, 1852, for the purpose of enabling the Town to construct wharves and other improve- ments, for which jHirpose the Act authorised the Trustees to dispose of the lands so granted.
" At that time the town had not the means of constructing them. There were but few inhabitants, and but little taxable property in the city. It became, then, a matter of the first im- portance and anxiety in the minds of those who wished to see the young town thrive and prosper, that suitable wharves should be built, as contemplated by the Legislature, and that common schools should at once be established. But how were these de- irable and necessary objects to be accomplished 'i The towns had received the water front from the State for tlie very purpose, and for that purpose was it disposed of by the Boartl of Trus- tees. They sold and conveyed the land, including that men- tioned in the bill herewith returned to you, to one of her citizens, under ample guarantees for the faithful performance of the contract, which he entered into, to construct three wharves and a school house. And in consideration of a percentage upon the income of the wharves, and the care and repairs of the same and in consideration of the premises, the exclusive right and franchise of wharfage was granted for a term of years to the contractor, and has passed from him into the hands of other citizens."
The Water Front controversy was long and bitter, and almost every legal process seemed to have been exhausted prior to its final settlement by compromise in 1868. As an indication of the popular sentiment and the spirit which prompted the affairs of our city government for many subsequent years, we present the following extract from a report submitted to a sub- sequent Council, and adopted, upon a matter separate from the water front question, in relation with H. W. Carpentier, but bearing toward it the closest and most direct relationship :
" The ordintmce which it is proposed to repeal was passed by the Board of Trustees of the To\vn of Oakland on March
OAKLAND DIRECTORY. 63
fifth, eighteen hundred and fifty-live. It authorizes and directs the conveyance to E. E. Carpentier, liis lieirt?, agents or assigns, of exclusive ferry privileges ' between Oakland and San Fran- cisco, or betAveen the said town or any other place,' for the term of seventy years, together witli all the ferry rights, privileges and franchises which now are or hereafter are to be owned by the Town of Oakland. The ordinance directing the conveyance to Mr. Carpentier is but one of similar ordinances by which the Town of Oakland has been unlawfully despoiled of her pro- perty, divested of her rights, and retarded in her prosperity, prior to the passage of this ordinance. The Trustees of the Town of Oakland granted to the l)rother of said Cai-pentier all the water front of the town, extending to Ship's Channel, in the Bay of San Francisco, together with the exclusive right of con- structing wharves and collecting wharfage, (without limit or restriction), for thirty-seven years. A mere nominal percentage, without guarantee or security to the town, and amounting in the course of two or three years to about one hundred dollars, is the only consideration (with the exception of a small school house, for which no deed is found) profterred the town for the aforesaid grants. As trifling as this consideration is, the grantee in the latter case applied to the Board of Trustees and obtained the passage of an ordinance by which the town assumed all taxes which might be levied upon any wharf or wharves which he had constructed or might construct. This would render the city liable for the State and county taxes upon sucli wharves, which, at a moderate estimate, would amount in one year to more than the aforesaid has amounted to in two years ; thus compelling the city to pay a premium to the grantees for taking all the property, ferry rights, privileges and franchises which the town of Oakland had, present or prospective, to give away. Under this arrangement, the people of the town are plundered of their property and their taxes t« pay the taxes of those who liave ])lundered them, and to support a monopoly which adds iU exactions to the measure of iniquity and injury thus imposed upon the community."
64 OAKLAND DIRECTORY.
This report was signed by Edward Gibbons and Leonard Johnson. It expresses the spirit which influenced the Council from, eighteen hundred and fifty-five, for many years. We do not propose to revive a discussion of the merits of a controversy which appears to have been settled for all time. In the two ex- tracts from official documents which we have copied we present the most succinct statements of opinions to be found upon our records. And here we drop the cpestion of the Avater front, to return to it onlv when it is made the instrument for securing the location of the terminus of the "Western Pacific Railroad in Oakland.
Oakland had several times enjoyed temporary periods of un- usual prosperity, but her career as a city commenced only when a sure and rapid means of communication had been established with San Francisco. The advantages of the town, as a place of residence, had induced various parties engaged in business in San Francisco to build homesteads in Oakland. The occasional detention of the ferry boats on the Bar at the mouth of the San Antonio Creek deterred many from taking up a residence, but upon the completion of the San Francisco and Oakland Rail- road, a steady tide of emigration set toward the city, and it has never diminished, a fact that can be proven by an examination of the table showing the receipts of the Railroad Company since January 1866. The introduction of gas and water into the city marked another era in its progress. To-day, there is not a city in the State vrith a more promising future. Our growth has been solid and substantial, and the present condition of the city is in every way satisfactory.
Until within the past year our city has been considered im- portant solely on account of the number and rank of the educa- tional institutions located in or near its corporate limits. She has been identified with the higher educational interests of the State since an early day, and the selection of Berkeley as the site of the State University permanently establishes the position of the city as the educational centre of the State.
The facilities for buildinsc a vast citv within and near the
OAKLAND DIRECTORY. 65
charter limits of Oakland are unsurpassed anywhere in Cali- fornia, The natural grade is almost perfect, and a complete system of sewerage can be established at the smallest possible expense. At an average depth of live feet from the surface of the ground, there is a thick stratum of sandy cement which aifords as lirm a foundation for buildings as could possibly be required, being as solid as a bed of rock. This formation extends to the ■west far out into the Bay, and when the overflowed lands of that portion of the city are made available, none of the disadvant- ages will be found, wliich in San Francisco, render it dangerous to erect heavy brick or stone structures upon the made ground. The supply of water to be obtained in the mountains, but a few miles distant, is very great. Artesian wells of a moderate depth have been sunk in various parts^ of the city, and it is evident that from the subterraneous springs can be drawn inexhaustible supplies of pure, wholesome water. Several quarries of su- perior building stone have been opened but a short dis- tance from the city. It will never be necessary to go abroad to obtain what building material we may require. The supply of clean, sharp stone to be obtained in the vicinity of Oakland is sufficient for the building of a large city. At no distant day, railroad communication will place us in close proximity to the coal mines of Monte Diablo, and the cost of fuel will always be moderate, depending directly upon the price of labor in obtain- ing it from the mines.
Oakland is certain to be a city of great prosperity and im- portance, in spite of any agency under human control which could ]>e directed against it. The present population has been drawn here on account'of the pleasantness of its location. The business of the city has thus far been coniined to supplying the wants pf its own people, and it is hardly possible that it could diminish. On account of their own intrinsic excellence, the number in attendance at our educational institutions is contin- ually increasing; and as San Francisco increases in wealth and prosperity, greater numbers of her luisiness men will provide
(5)
6Q
OAKLAND DIRECTORY
for themselves homes in our city. The influence upon our prosperity which will attend the completion of the Pacifio Rail- road from one border of the continent to the other can scarcely be estimated. It will change the whole character of the place, rapidly multiply its population, create an extensive business, and give to Oakland the position of a commercial city.
There are now within the charter limits of the city, or in such close proximity to it as to be virtually a portion of the town, not a few educational institutions and manufactories. There are two female seminaries of the highest grade, and one Roman Catholic Convent. The only college in the State, enti- tled to the name by law or usage, is in Oakland. There are two high schools or academies, that have obtained a wide celeb- rity, and are in advance of all other private institutions in Cali- fornia, if not in Oregon or on the entire Pacific coast. There are numerous private schools for young children, which receive an extensive patronage from abroad. There are two Congrega- tional Churches, one Presbyterian, one Methodist, one Baptist, one Episcopal, one Catholic, and one African Church ; and there are in the city eight church edifices. There are five public school buildings, two of them being expensive structures, and ornaments to this or any other city in the State.
We have two grist mills to grind into flour the wheat crop of the county, and supply to our citizens an article of flour that has no superior in the State, or anywhere on the continent. Two costly planing mills find employment in supplying material for the numerous buildings continually being erected. Two extensive tanneries and one pottery are in close proximity to the city. Cotton and woollen fabrics are manufactured at our very doors.
For the length of about six miles, our streets are beautifully paved. An equal length of gas and water pipes is laid through them. Over one thousand feet of the frontage on the San Antonio Creek is occupied with wharves, and the wants of the city are supplied by means of three steamboats and numerous small sailing vessels. The extensive and valuable improvements
I
OAKLAN.D DIRECTORY. 67
now erected in tlie city are required by the present population-
Within tlie past year, tliere lias been erected a Baptist Church edifice, at a cost of about twenty tliousand dollars. Repairs and additions have been made to the First Ct)n<;rega- tional Church building, to the value of $6,000 ; and a Congre- gational Church has been erected at the Point, which has cost very nearly the same sum. One block of two-story buildings, having a frontage of two hundred feet on our principal business street, has been erected, at a probable cost of fifty thousand dol- lars ; and a three-story building has been erected, at .a cost of about one-half this amount. Public school improvements to the value of about thirteen tliousand dollars have been made ; and a public library, to take rank among the highest, has been founded by the wealthy and public spirited citizens of Oakland. Proper steps have been taken to secure the site for a magnificent public park, and the erection of a magnificent city hall has been commenced. On every street and in every quarter of the city are numerous new dwelling houses, many of them elegant and costly. Two daily newspapers, conducted with ability and success, do credit to the city.
The growth of Oakland, up to the present point, has been natural, and her prosperity is on a firm and substantial basis. As yet, the principal part of her citizens are engaged in various business pursuits in the city of San Francisco ; but there are most convincing reasons for the belief that in the immediate futm'e an entirely changed order of aft'airs will exist.
FINANCIAL CONDITION OF THE CITY.
Through the mismanagement of the Town Council in 1852 and 1853, and of the first City Council, it become necessary to fund the debt of the city. At the commencement of the year 1868, this funded debt amounted to $18,400, and was the only debt owed by the city. The Legislature of 1867-8 passed
68
OAKLAND DIRECTORY.
numerous special Acts, under Avliicli the Council could issue, for various specified purposes, bonds to the total amount of $133,000, as follows :
City Hall Bonds S 50,000
School Bonds 50,000
Carpentier Judgment Bonds 18.000
Oakland Bar Bonds 15^000
8133,000
On December 1st, 1868, the date at which this review was prepared, the amount of bonds actually issued was as follows :
City Hall Bonds $20,000
Carpentier Judgment Bonds 16,000
School Bonds 23,500
Bonded Debt incurred between 1852 and 1855 18,400
Total Funded Debt $77,900
As the City Hall building is progressing rapidly, the re- maining $30,000 of City Hall bonds will soon be issued, and the actual funded debt may be set down at $107,900.
City Hall Bonds. — The City Hall and other bonds of the city have, up to December 1st, found a ready market, either at par or a small premium, being regarded as fij-st class securities.
By an Act of the Legislature, approved March 19th, 1868, the City Council is authorized to issue bonds to an amount not to exceed $50,000, payable at any time within fifteen years, for the purchase of land and the erection ot a City Hall. The bonds are to be sold to the highest bidder, after advertisement, or at par at any time, the proceeds being placed to the credit of the Building Fund, to be expended under the direction of the Council for the purchase of a suitable site for a City Hall and the erection of such building. If such bonds cannot be sold for ninety cents on the dollar, in gold, the Council are authorized
OAKLAND DIRECTORY. 69
to levy an annual tax of fifty cents on each one hundred dollars of assessed i^roperty, for the purposes mentioned. After any of the bonds have been sold, and until all have been redeemed, the Council are required to levy an annual tax sufficient to pay the interest that may each year accrue. If tliere should be no money to the credit of the Interest Fund, the Council is required to transfer an amount from any other fund, except the School Fund, for the purpose of paying whatever interest may be due upon the bonds issued. The Council may also levy an annual tax, not to exceed ten cents on each one hundred dollars, for the purpose of redeeming bonds. In the year 1880 the Council is required to levy a tax sufficient to redeem one-lialf the bonds then outstanding ; and in the year 1882 they shall levy a tax sufficient for the redemption of the remainder.
School Bands. — By an Act of the Legislature, approved March 13th, 1868, the City Council was authorized to issue and sell bonds to an amount not exceeding $50f<>00, payable at any time within ten years, to bear interest at a rate not to exceed ten per cent, per annum, payable on the second day of January of each year. The bonds are to be in sums of not less than $100 or more than $500 each, and must have coupons attached, signed by the Mayor and City Treasurer. The bonds can be sold by the Council at any meeting at par ; otherwise, sealed proposals must be advertised for ; but no bonds shall be sold for less than ninety cents, in gold, upon the par value. The pro- ceeds of the sale of these bonds are to be paid into the City Treasury and placed to the credit of the School Fund. Such money shall be used for the sole purpose of procuring land and erecting school houses; but no portion shall be expended %vith- out the consent of four members of the Council and four mem- bers of the Board of Education. After any of these bonds are sold, and until all bonds sold under this Act are redeemed, the Council is required to levy a tax upon city property sufficient to pay the interes* upon the outstanding bonds. Any surplus money shall ])e applied to the redemption of bonds. Tlie Coun-
TO OAKLAND DIRECTORY.
cil may, each year, until 1878, levy a tax, not to exceed ten cents on each one hundred dollars of assessed property, for the redemption of bonds; and whenever the amount so raised shall be one thousand dollars or more, it shall be applied to that pur- pose. In the year 1875 the Council is required to levy a tax suthcient to redeem one-half the bonds then outstanding ; and in 1877 they shall levy a tax sufficient to redeem the remainder of the bonds that may be issued under this Act.
Pursuant to the provisions of this Act, bonds to the amount of $23,500 have been issued. Of this amount, $10,000 were required for the payment for Lafayette Grammar School build- ing and the Point School house, debts contracted by the City Council prior to the passage of the Act.
Judgment Bonds. — An Act supplemental to the City Hall Act, approved March 28th, 1868, empowers the City Council to issue bonds to an anfount not exceeding $18,000, to be applied to the payment of any iinal judgment existing against the city. The bonds are similar in all respects to those issued under the City Hall Bond Act. Tinder this Act, bonds to the amount of $16,000 have been issued to E. R. Carpentier, in satisfaction for a final judgment against the city, held by him.
Ookland Bar Bonds. — By an Act approved March 28th, 1868, the Council are authorized to issue bonds to the amount of $15,000, the proceeds to be applied toward removing obstruc- tions at the mouth of the San Antonio Creek, so as to render the same navigable. These bonds are to be similar in all re- spects to those issued under the City Hall Bond Act. The Council are, in addition, authorized to raise anually, by direct taxation, a sum not to exceed $5,000, to be applied to the same purpose. No definite action has been taken by the Council up to the date of this writing, to avail itself of the privileges per- mitted by this Act, no bonds having been issued, and no legis- lation having this end in view having been commenced.
OAKLAND DIRECTORY.
71
The monthly receipts and disbursements of the city since June, 1867, as compiled from the records of the Treasurer, are given below. Our figures include every source of revenue, from direct taxation, licenses, the Police Court lines and penalties, the sale of bonds and State and County School monies received bv the citv under the Act of the Legislature, reorganizing the School Department of Oakland.
Month.
|
June, |
1S67 |
|
July '' August " |
|
|
Sept. Oct. |
|
|
Nov. |
a |
|
Dec. |
a |
|
Jan. |
1868. |
|
Feb. |
u |
|
Mar. |
a |
|
April May June |
u |
|
July Aug. |
a |
|
Sept. Oct. |
|
|
Nov. |
(( |
Receipta.
Diaburgements.
$14:3
1,4:01
14:1
166
4. 773
10,141
2,142
1,723
210
330
20,875
5,808
" 13,803
2^021
232
26,101
7,534
19,506
13 25
50 10 25 75 57 70 45 75 83 00 15 30 00 50 75 65
$200 00
2,032 50
189 50
135 00
1,919 sey
2,543 35
5,096 42
1,915 53
1,875 84
1,923 07
19,966 85
2,302 42
16,445 97
2,779 65
1,753 17
22,782 98
6,515 87
14,685 S^
It will be seen from the above that the expenses of the city have rapidly increased, and that its receipts have increased in an apparently greater ratio. In reality, the receipts have not in- creased as rapidly as the expenses, the apparent increase being due to the sale of the bonds. The actual amount of money in the Treasurv, December 5th, including the total tax collected for the fiscal year 1868-9, was $7,233 61, and the total liabili- ties amounted to $11,824 89, showing a large deficiency, and demonstrating the necessity of borrowing at least $10,000, the
72 OAKLAND DIRECTORY.
fullest amount permitted by the charter, to meet current ex- penses. The receipts for municipal licenses issued during the lirst two months of the last quarter of the year 1868, amounted to $1,720 25, whicli may be taken as the average quarterly amount, licenses being payable in advance.
The gas bill for the- month of October was 834:6 57^. There were in use at the expiration of that month sixty street lamps, and under the present contract 22^ cents per lamp is paid for each night, and the price will so remain until the number of lamps exceeds 250, when the price will be 20 cents.
The monthly amount of the salaries paid to the city Super- intendent, Secretary of the Board of Education, and the Teachers in the employ of the School Department is $1,133 33,, and there being ten school months in the year, the annual amoimt, upon the present scale, would consequently be $11,333 30. Under the new rules of the Board of Education, teachers are to be paid twelve months during the year, but the total annual amount so paid will be the same as formerly. The revenue of the School Dejjartment consists in thirty per cent of the city taxes, thirty-five cents on each one hundred dollars of assessed valuation from the State and county taxes. The School Department has lived within its means, and while most of the city ofiicials will be obliged to wait for their salaries for a long period, perhaps for a whole year, the Public School Teachers will be able to receive their salaries as quickly as they become due.
The rate of the city taxation, for all purposes, is one per cent, on the assessed value of the property within the limits of the city. The total valuation for the last fiscal year was $3,364,078 and the tax, $33,360 78. Of this tax, $27,957 83 were col- lected, leaving a delinquency of $5,682 95. By ordinance, the monies received were apportioned to the several funds in the following ratio :
OAKLAND DIRECTORY. 73
Salary Fund 25 cts.
General Fund 15 cts.
Street Li«dit Fund 17 cts.
Interest Fund 07 cts.
Street Fund 06 cts.
School Fund 30 cts.
Total 100
There is a Building Fund, created by special Act of the Legislature, to which no city taxes has ever been apportioned.
THE EDWARD K. CARPENTIER SUITS.
On August ITtli, 1S6S, the City Council adopted a final reso- lution authorizing the City Clerk to issue to Edward R. Carpen- tier bonds to the amount of $16,000, in satisfaction for the judgment held by him against the City of Oakland. Thus ter- minated a series of law suits which had been maintained for fourteen years, the city paying the full amount demanded by Mr. Carpentier and allowed by the Twelfth District Court.
February 11th, 1854, the Board of Trustees of the then Town of Oakland employed E. R. Carpentier to defend certain injunc- tion suits brought by John C. Hays and others against John Ilogan, Town Marshal, to restrain the collection of to"sra taxes, at a price not to exceed $1,000. The service Avas rendered, and a warrant for the payment of the stipulated price was issued. Other legal services were performed, and other claims accrued ; and claims being made which were deemed unjust and un- founded, the payment was resisted, and litigation has continued from 1854 imtil 1868, when in the Twelfth District Court judg- ment was rendered for $15,225 88, debt and damages, and costs, and disbursements, and percentage allowed by law ; the amount of the judgment to bear interest at the rate of ten per cent, per annum. When by order of the Council the bonds were issued, the debt amounted to $16,000, which sum was received in full payment of the judgment.
74 OAKLAND DIRECTORY.
THE PUBLIC SCUOOLS.
City Superintendent — L. Walker.
Board of Education. — President — B. T. Martin, N. B. Hoyt, E. E. Cole, G. W. Amies, W. D. Ilarwood, L. Hamilton, Edw. McLean,
The Public Schools of Oakland are in a condition that is most satifactory to the people and creditable to the city. We have five school houses, containing sixteen class-rooms. Twelve teachers are in the employ of the Department, eleven of the number being females. Lafavette Grammar School contains four class-rooms, in which studies of the Grammar School grade are taught. The eight remaining classes are of the^ primary grades.
In 1866, the Board of Education was first created by Act of the Legislature, and given full control of the City School Fund. Under this Act the powers of the Board were quite restricted, and in March, 1860, the Legislature passed another law, under which the present Board was elected, and is now acting. This Act provides that the Board shall consist of seven Directors ; three and four to be elected each alternate year, and one Di- rector to be chosen from each Ward of the city, whenever such Wards are established, if they do not exceed seven in number. The Board has the sole power to establish and maintain Public Schools in Oakland ; employ and dismiss teachers ; provide suitable rules and regulations for the government of the schools ; procure supplies ; build, alter, repair, and rent school buildings ; purchase and sell land for school purposes, with the concurrent vote of the Council ; maintain actions at law ; determine the amount of school tax to be levied by the Council. The Board has exclusive control of the School Fund, and has ample power to carry into eftect all the provisions of the Act.
No teacher can be employed in the School Department who does not bear a certificate issued by the City Board of Examina- tion, and the Board of Education can determine upon what
OAKLAND DIRECTORY. T5
qualifications shall be possessed bj teachers in its employ.
A City Superintendent of Schools is chosen at each charter election. • He is the executive officer, and upon him falls the task of havint: the immediate care of the schools. The Act is elaborate in its details, and if the workings of the Department should be unsatisfactory it will not be on account of the insuf- ■ficiency of the law creating it.
Witli the concurrent vote of the City Council, the Board of Education can use the proceeds of the sale of bonds to the value of $50,000, for building purposes. The outlines of the Act authorizing the issuance of such bonds can be found elsewhere. Prior to the passage of the Act, there was a school debt of $10,000, incurred in the erection of Lafayette Grammar School Building, and in making various school improvements. This amount was paid by an issue of bonds. For improvements made during the present year, bonds to the amount of $13,500 have been issued.
The salaries have been fixed as follows :
Grammar Masters $175 per month.
Principals 100 "
Assistants T5 "
There are ten school months in the vear, under the former rules of the Board. Under newly adopted rules, the teachers are paid for twelve months, but the monthly amount is so re- duced as to keep the annual pay the same
The number of children as ascertained bv School Census Marshals, for the past six years, is as follows :
School Census of 1803 811
School Census of 1804 1,043
School Census of 1805 1,253
School Census of 1800 1,282
School Census of 1867 1,532
School Census of 1868 •. 1,735
'i^ OAKLAND DIRECTORY.
The census for some of the years mentioned above shows the total number of children under twenty-one years of age, while at other times it shows the number under eighteen years of age ; and the census for the last year gives the number under fifteen years of age. A strictly accurate idea of the increase of popu- lation cannot, therefore, be derived from these figures.
During the year 1863, the average daily attendance at the Public School was 115. From July, 1866, to July 1867, the averao;e dailv attendance is estimated at 311. The estimated average daily attendance from August, 1867, to June, 1868, is 461. At the present time the number of school children for which Oakland is entitled to draw State and County moneys is 1,038.
The school improvements made during the past year are extensive. At the Oakland Point, an eight-room school house has been erected, at a cost of $8,000. The four rooms upon the lower floor only are finished, and will be used for both graminar and primary classes. School house No. 1, has been so altered as to contain three rooms instead of two, as formerlv, and a wing containing one room has been added to School-house No. 2. Other improvements are in contemplation.
The school houses are furnished neatly, though not expen- sively, and each building is provided with a parlor-organ, except Lafayette Grammar School, for which a piano has been pro- cured. The studies pursued are similar to those in the San Francisco Schools, and the pupils in our Grammar School are carried through precisely the same course of study as the youth of that city.
The Lafayette Grammar School is located on the block north of the Public Square of that name, and is under the control of J. B, McChesney, the Grammar Master, The Assistants are Mary Lichten thaler, Fanny E. Willis, and H. E. Jackson. The attendance during the past term has been on the average two hundred scholars.
Primary No. 1, is located on the same block with Lafavette Grammar School. Mrs. M. AV, Phelps is Principal, and Eliza
OAKLAND DIRECTORY. 77
P. Brown and M. E. Ludwig are Assistants. The attendance at this School averages about 150 scholars.
Primary No. 2, is located on the corner of Alice and Fifth streets, fronting on Fifth street, and opposite to Harrison Square. The Principal is Mary Alexander ; the Assistants are Lizzie Betanure and Emily E, Jayne. There have been in or- dinary attendance at this School, during the past term, about 1 30 scholai-s.
The new school building at the Point has not been occupied. A one-story two room building has for a considerable period been in use. Miss Annie E. Lewis is Principal, and Susie A. Mowry, Assistant. The attendance has fluctuated greatly, the averasre beinjj about one hundred. The new buildino^ is to be occupied from the beginning of the present year, and a Grammar School Class is to be started.
The financial management of the Board of Education has been prudent, and the School Department does not find itself in that embarrassed condition into which the other departments of our city government have been thrown.
STREETS AND STREET IMPROVEMENTS.
Ever since the incorporation of the city, the streets in the southeastern portion, included between Market and Fourteenth streets and the Creek, liave been legally established, and with but a few exceptions, open for public travel. These streets are eighty feet in widtli, with the exception of Broadway, which is 110 feet wide. The blocks are 200x300 feet in size. By or- dinances of the City Council, the width of sidewalks has been estal)lished at fourteen feet, except on Broadway, where the sidewalks are twenty feet wide. West of Market street they are to be eighteen feet wide.
By an Act of the Legishiture, approved April 25th, 1863, the city charter was so amended as to authorize the City Council to adopt a general plan or system of streets, for that portion of the city not included between Market and Fourteenth streets.
78 OAKLAND DIRECTORY.
After the establishmejit of such general plan or system, im- provements erected upon the line of a proposed street cannot be included in any assessment for damages. November 16th, 1868, the Council passed an ordinance, adopting a general system of streets, and the map showing the chosen plan is prefaced to this work, which renders unnecessary any description, the map being its own best explanation. Applications for opening any of these streets must be made to the Council in writing, designating the particular street to be opened, and the residences of the appli- cants. If the Council should determine that the street should be opened, the Marshal shall be directed to notify the owners or occupants of the land embraced within the lines of such street, to appear before the Council at a given time, and state any ob- jections they may have to the opening of the street. After their appearance, and the announcement of their claims for damag- ino- if any there be, the Council shall fix a time for assessing damages. For this purpose, the Council has very nearly the same power as a Court ; can compel the attendance of witnesses, administer oaths, etc. Parties who feel themselves aggrieved by the action of the Council can appeal to the County Court, The Council has no authority under any existing law to pay dam- ao-es from the City Treasury. If the property holders petition- in o- for the opening of a sLreet, should raise an amount sufficient to pay the final damages awarded, the opening of a street can be enforced, not otherwise.
Street improvements are ordered and made in pursuance of an Act, approved April 4th, 1864. The Act is long, elaborate, and complete. The Council is authorized to order the improve- ment of any street, lane or alley within the limits of the city.
Property holders file with tlie Council a petition designating the improvement desired. Should the Council see fit, they pass a resolution declaring their intention to order the work peti- tioned for, which resolution must be published for the period of ten days. Prior to the expiration of that time, the owners of more than one-half the frontage upon the street proposed to be improved, may file their protest with the City Clerk, and such
OAKLAND DIEECTORY,
79
protest is a bur to all further proceedings tor the i)criod of six months. Should no such protest be tiled, the Council adver- tises for bids for doing the work, in accordance with such speci- fications as they may adopt, and the contraet must be awarded to the lowest responsible bidder. Notice of the award must be published for the period of five days. "Within this period, the owners of property fronting upon the street to be improved ma3% by agreement among themselves, do the work ordered, which must be at the price charged by the lowest bidder. AVhen a contract has been completed to the satisfaction of the City Engineer and the City Marshal, a warrant is issued to the contractor, authorizing him to collect from the property holders the amounts due from them for their proportion of the improve- ments.
An official grade has been adopted for the portion of the city within Market and Fourteenth streets, and for several streets in the western part of the city. According to this grade, most of the blocks are to be above the level of the streets, and there is to be but a small amount of filling in. The official grade was adopted by the Council, by ordinance, December 21st, 1867.
The almost perfect natural grade of Oakland has rendered the improvement of her streets a matter easy of accomplish- ment. There are no sand hills to be dug away, and no rocky cliffs to be undermined and removed. The only method as yet adopted for making the streets more convenient for horses and vehicles is that of macadamizing them. At a distance of five miles from the city are inexhaustible quantities of rock suitable for the i)urpose. After being exposed to the winter rains and becoming packed and firm, it in many cases equals a pavement of asphaltuMi. If pro}>er care were to be taken to keep the macadamized streets in a state of cleanliness and repair, they would not be inferior to the cobble stone pavements of most American cities. The first experiment in inipruving the streets of Oakland was in macadamizing the section of Broadway be- tween Fourth and Tenth streets, the contract for this work being let December 2d, 1804. The 'price jter square foot then
80
OAKLAND DIRECTORY.
charged was eight and one-half cents. Since that time prices have fluctuated between four and one-half cents per square foot and six and one-half cents. The streets are being improved very rapidly, and the table which we present below will be in- complete shortly after the appearance of this Directory, street contracts being awarded almost weekly. "We present the fol- lowing list, showing the streets macadamized, their length, and cost :
|
Street, |
Length— feet. |
Cost. |
|
Broadway, from VV ater to Four- teenth street |
3,920 5,988 5,488 3,760 2,838 1,880 4,855 |
$ 25,900 96 |
|
Twelfth street, from the Oakland Bridge to Market street Eighth street, from Oak to Market Franklin street, from Fourteenth to Water Tenth street, from Broadway to Market street |
19,061 87 15,500 00 11,523 60 8,538 80 |
|
|
Washington street, from Eighth to AVater |
6,510 73 |
|
|
Third street, from Oak to Market (estimated) |
20,000 00 |
|
|
28,829 |
$107,035 96 |
Although the figures thus presented appear large, there can be no question but that the value of property has been in- creased by street improvements far beyond the amount ex- pended in creating them. Whenever a railway or tramroad may be constructed to the foot hills, the cost of street improve- ments should be materially diminished. Except upon Broad- way, too little attention has been given to making convenient and substantial sidewalks. These are scarcely less important than the streets themselves ; and it is to be hoped that in future improvements this fact will" be properh- recognized.
OAKLAND DIRECJT OR Y. 81
The official prrades of the crossings in the part of the city bounded 1)\- Market and Fourteentli streets, and tlie creek, are sliown in tlie taljle wliich follows. The ligures in the npper line show the established grade, and those in the lower line show the natural grade, in feet and decnnals of a foot, above the line of average high tide :
(C)
OAKLAND DIRECTORY
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C K f^ S
OAKLAND DIRECTORY. 83
I'oI.ICE COURT.
The Police Court yf Oakhind was created by an Act of tlie Legislature, approved ^fareh l(»tli, ISO*'*, and pursuant to its re- quirements the Council of the city elected IF. P. Watkins as Police Judiic, who held that office until the subsequent city election, which took i>lace in March, 1S67. This Act provided that there should be elected at the charter election in 1867, a Police Judge, who shall hold liis ottice for two years, or until his successor is elected and qualified.
The Court has jurisdiction over the followino; offences, (loni- niitted within the corporate limits of the City of Oakland :
F"n'f<i. — Petit larceny.
Second. — Assault and battery, not charged to have been com- mitted upon a public officer in the discharge of his official duty, or with intent to kill.
Third. — Breaches of the peace, riots, affrays, eoinmitting wilful injury to proi>erty, and all misdemeanors punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine oy imprisonment.
Fourth. — Of proceedings res]>ecting vagrants, lewd c>r disor- derly persons.
The Court has jurisdiction of proceedings for violation of city ordinances, to the exclusion of Justices' Courts. In tliis Court must be commenced proceedings for the recovery of cify taxes, street assessments and licenses; for the breach of anv official bond, and for the recovery of personal property ])elong- ing to the city, when its value does not exceed ^300.
The Police Judge has power to hold judicial examinations, and mav commit and hold offenders to bail, for trial in the proper Coiu't. There can be no appeal from fines imposed by liim when they do not exceed $35.
The Court has the same civil jurisdiction as Justices' Courts, to administer oaths, acknowledge deeds, and celebrate marriages.
All fines collected in the Police Court are paid into the City Treasm-v.
84
OAKLAND DIRECTORY.
Appeals from the Police Court are to be to the County Court of Alameda County.
The Police Judge is to receive the same fties that are allowed Justices of the Peace for similar services.
The Court is entitled to a seal.
The Police Judge is required to make monthly reports to the City Council.
The salary of the Police Judge has been hxed at $2,000 per annum, with the understanding that he waive all claim to such fees as could be collected under the Act establishing the Court.
The amount of business transacted in this Court during the year ending November SOtli, 1S6S, according to the monthly reports of the Police J udge, is as follows :
Months.
December, 1S67 January, 186S. February " . March •' .
April '• .
May " .
June '• .
July '• .
August " . September '* . October " . November " .
|
No. Arrests. |
Finea Collected. |
|
12 |
$49 25 |
|
13 |
94 00 |
|
13 |
47 00 |
|
i> |
74 50 |
|
3*) |
92 50 |
|
51 |
95 25 |
|
37 |
230 50 |
|
Ifi |
48 00 |
|
45 |
168 50 |
|
35 |
171 50 |
|
41 |
99 90 |
|
29 |
110 50 |
THE OAKLAND WATER FKOXT AXD THE WESTEKN I'ACIFIC KAIL-
EOAD TEKMIXL'S.
The Oakland Water Front promises to he the great cause for the future commercial pros})erity of our city. Its importance Avas foreseen tifteen years ago, and the person who then ob- tained possession of it has clung to it with pertinacity, defended his title in every Court, and linally ended litigation only by
OAKLAND DIRECTORY. 85
compromise. In tlie summer of tlie year ISfiT, the City Council took steps toward viironuisly prosecutiuii; the suits l>etween II. W. Carpentier and tlie City, tor the possession of the Water Front property. John B. Felton was chosen as special counsel on our behalf, with a contingent fee of fifteen per cent of the property he inight save to the city. He entered upon his task promptly and with energy. The A\^estern Pacific Eailroad Comjiany had not then located its extreme western terminus, and each town bordering upon the Bay of San Francisco ex- pected the coveted prize. Various were the inducements offered, and innumeral)le were the schemes devised for influencing the choice of the Company. The members of the City Council and their Attorney, felt that Oakland had one offering which would turn the scale in her favor, if it could but be made available. The entire water water front had been conveyed to the city, and the validity of the conveyance of the proi)erty by the city to one of its iidiabitants was the only matter at issue. If i)ersistent litigation .should be continued, the golden opportunities would pass unimproved. A compromise was talked of If the Wes- tern Pacific Pailroad Company could be granted a large portion of the property, it would Avitliuut doubt locate its terminus in this city, for there were numerous advantages tluit could not be disregarded, if a clear title could be given to the land upon which its improvements would be erected. Having the indorse- ment of the people, tlie City Council nuide ai.plication to the Legislature, and in due time a short Act was passed em])ower- ing the Council to settle the controversies of the city as it might deem best. Mr. Carpentier and the members (.f the City Coun- cil then agreed upon the terms of a comj^romise, which were briefly to the effect that Mr. Carpentier Avould sun-ender his title to one-half the property, provided the city would convey the remaining half to the liailroad Comi)any, tbr terminal pur- poses. Upon this i)rinciple the terms of a compromise were elaborated and ]nit into a tangible form. The proper negotia- tions were had with the managing officers of the Pwailroad Company, and satisfactory assurances were obtained.
86 OAKLAND DIRECTORY.
On the evening of April 1st, 1868, the City Council passed the following ordinance, which is in a measure self-explanatory :
An Ordinance for the Settlement of Controversies and Disputes Concerning) the Water JFront of the Ciiij of OaJdand, the FroMchisGS thereof and other matters pertaining thereto :
The Council of the City of Oakland do ordain as follows :
«
Section 1. — The claims, demands, controversies, disputes, litigations, and causes of action, heretofore existing between the City of Oakland on the one part, and Horace AV'. Carpentier and his assigns of the other part, relating to the force, validity, and effect of a certain ordinance passed by the Board of Trus- tees of the Town of Oakland, on the ISth day of May, a. d, 1852, and enrolled May 2Tth, 1$52, signed by A. Marier, President of the Board of Trustees, and F. K. Shattuck, Clerk of said Board, entitled " An Ordinance for the disposal of the AVater Front belonging to the Town of Oakland, and to provide for the construction of wharves," wherein and whereby, for the consider- ation therein named, the Water Front of said town, that is to say, all tlie lands lying within the limits of the said Town of Oakland, between high tide and ship's channel, as described in the Act of the Legislature for tlie incorporation of said town, passed May 4tli, 1852, together with all tlic right, title and inr terest of said town therein, together witli all the privileges, rights and franchises therein mentioned, were sold, granted and released to Horace W. Carpentier and ]iis assigns.
And also in relation to the validity, force and effect of a cer- tain conveyance executed and delivered to the said Carpentier, of the said Water Front, dated May 31st, 1852, by the said A. Marier, President of the said Board of Trustees, under and in pursuance of said ordinances.
And also in relation to the force, validity and effect of a cer- tain other ordinance passed by the Board of Trustees on the OOtli dav of T-)eceml>er, a. n. 1852, entitled " An Ordinance to
OAKLAND DIRECTORY,
approve the wliart' at the foot of Main street, and to extend the time for constructing the otlier wliarves,"' which said ordinance was enrolled January 1st, 1853, and feigned by the President and Clerk of the said l>oard of Trustees, Avherein and whereby the said first mentioned ordinance and the said deed of conveyance were recognized and apjn-oved.
And also in relation to the force, validity and effect of a cer- tain other ordinance, entitled "An Ordinance concerninir AVharves and the Water Front," passed on the 27th day of August, 1853, by the said Board of Trustees, M'hich said ordin- ance was enrolled, dated August 27th, a. d. 1854, and was signed by A. AV. Barrell, President, and A. S. Ilurlbutt, Clerk of said Poard of Trustees, wherein and whereby the said first mentioned ordinance was in all things ratified and confirmed, and the said AVater Front again granted, sold and conveyed to the said Carpentier, in fee simple, forever, are lierel\y com- promised, settled and adjusted, and the said above mentioned ordinances and conveyance are made valid, binding, ratified and confirmed ; and all disputes, litigations, controversies and claims in and to the franchises and property described in said ordin- ances, and deed of conveyance, and every part thereof, are abandoned and released by the said City of Oakland, to the said Carpentier and his assigns, upon tlie following conditions, to wit : That the said Carpentier and liis assigns shall convey by proper and sufiicient deeds of conveyance, all the property and franchises mentioned and described in said ordinances and deed of conveyance, hereinbefore referred to, to the Oakland Water Front Company, to be used and applied in accordance with the terms, conditions, stipulations and agreement contained in cer. tain coiitracts between the said Oakland Water Front Company, and tlie AVestern Pacific Railroad Company and other parties, bearing even date herewith, with the exception in the said agree- ment specified, but nothing herein contained shall be deemed to aflfect any rights of the San Francisco and Oakland Railroad
88
OAKLAND DIRECTORY.
Company derived under an ordinance of the City of Oakland, passed the 20th day of November, 1861.
Passed April 1st, 1868.
B. F. pe:n^dletox,
President of the Council. Approved April 1st, 1868,
SAMUEL MERPJTT, 2£ayor. Attest, II. HiLLEBRAND, City Clerk.
The subsequent night, the following ordinance was passed :
An Ordinance fincdly settling, adjusting and comjyroriiising the question of the Water Front:
The Council of the Citv of Oakland do ordain as follows :
Section 1. It appearing to the satisfaction of the Council that all the terms and conditions of a certain ordinance, hereto- fore passed, entitled " An Ordinance for the settlement of con- troversies and disputes, concerning the Water Front of the City of Oakland, tlie franchises thereof, and other matters relating thereto," have been fully satisfied and complied with by Horace W. Carpentier and his assigns, all the ordinances and deeds therein mentioned and described, are hereby finally ratified and confirmed, and all disputes, controversies, claims, demands and causes of action heretofore existing between the City of Oak- land, on the one part, and Horace W. Carpentier and his as- signs, of the other part, relating to the force and validity of the said ordinances and deed, are hereby abandoned and released by the said City of Oakland to the said Carpentier and his assigns, 2yrovid^d, that nothing herein contained shall release the right of the said City of Oakland to the reversion of the property, franchises and rights released, as provided in the contract be-
OAKLAND DIRECTORY. 89
tween tlie AVestern Pacific Ilailroad Company and the Oakland Water Front Company, in case said City of Oakland shall be- come entitled to the same nnder said contract.
Passed April 2d, a. d. 1868.
B. F. PEXDLETOX,
President of the Coune'd. Approved April 2d, a. d. 18C8.
SAMUEL MEP.PJTT,
2£ayor. Attest : 11. HiLLEBRAND, C'd]j Clerk.
In accordance with tlie terms of the compromise, as provided by Mr. Carpentier, the following deed had been executed :
" This Indenture, made the 31st day of March, 1808, between Horace W. Carpentier, party of the first part, and the Oakland Water Front Company, party of the second part, witnesseth, tliat the said party of the first, in consideration of the sum of five dollars, to him paid by the said party of the 'second part, the receipt whereof is hereby acknowled(2;ed, hereby gives, grants, sells and conveys to the said party of the second part, its successors and assigns, the following descriljed premises, to wit : all of the Water Front of the City of Oakland, that is to say, all the lands, and the lands covered with Avater, lying within the limits of said city, between high tide and ship channel, be- ing the water front lands within the boundaries described and granted in, and defined by the Act entitled. An Act to incor- porate the Town of Oakland, and to provide for the construc- tion of wharves thereat. Approved May 4th, 1552 ; and the Act entitled an Act to incorporate the City of Oakland, passed March 25th, 1854, and repealing certain other Acts in relation to said city, ajiproved April 24th, 1862 ; together with all the ])rivileges and ai)purti?nances, rights and franchises thereunto appertaining and belonging ; together with all rights to collect
90
OAKLAND DIRECTORY.
tolls, wharfage and dockage thereon and therefrom, and all lands, rights, privileges and franchises of every kind and nature, which have been heretofore acquired by the party of the first part from the Town of Oakland and the City of Oakland, or either of them, and all rights to the above mentioned land, franchises and privileges which he may hereafter acquire from the said City of Oakland, excepting therefrom, liowever, so much of the said water front as lies between the middle of Washington street and the middle of Franklin street, and ex- tending southerly to a line parallel to front street, and two hun- dred feet southerly from the present wharf, according to the map of the City of Oakland, with the rights of wharfage, dock- age and tolls thereon, to have and to hold the aforesaid and aforegranted j^remises, to the said party of the second part, its successors and assigns, to their use and behoof forever.
" In witness whereof, the said party of the first part has here- unto set his hand and seal the day and year aforesaid.
* " II. W. CAEPEXTIER."
The portion of the water front reserved was to be deeded to the city for the public use, and was a concession which had been demanded and insisted upon as essential, to prevent the success of a complete monopoly of ferry privileges. Unfortunately the Council had previously granted the use of this identical prop- erty to the San Francisco and Oakland Railroad Company, but the privilege had never been made available, and the ordinance was deemed to be in violation of tlie citv charter, and conse- quently of no force or effect. As quickly as a compromise had been agreed upon, the Company endeavored to take possession of this land, and legal proceedings were forthwith undertaken, which, up to the present time, do not appear to be near a ter- mination.
The Water Front Company is essentially a brancli of the Western Pacific Railroad Company. It was incorporated in April, 1808. The capital stock of the Company is §5,000,000, divided into $50,000 shares. The Trustees are — E. R. Carpen-
OAKLAND DIRECTORY. 91
tier, Lloyd Tevis, II. AV. Carpentier, John B, Felton, Leland Stanford, and Samuel Mcrritt. The Officers of the Company arc : President, 11. W. Carpentier ; Yice-President, Samuel Merritt : Secretary, Lloyd Tevis ; Treasurer, Leland Stanford.
•
The oltjects for which the Company is formed are stated in the certificate of incorporation, to be, to " build, construct, ac- quire, own, hold, manage, use and control wharves, docks, basins, dry docks, piers and warehouses, in the City of Oakland, and State of California, or elsewhere, and to lease, or sell, con- vey, or otherwise dispose of the same ; to borrow and lend money : to eni^ajje and carry on the business of commerce, foreii^n and domestic ; to purchase, acquire, manage, hold, con- trol, hy})othecate, mortgage, encumber, lease, sell, convey, or otherwise dispose of the AVater Front of said city, and any tide, Kubmerired and overflowed or other lands in the Citv of Oakland or elsewhere, t«;)gether with the rights, privileges and franchises connected therewith or appurtenant thereto ; and also, an}' other property, real, personal or mixed, clioses in action, rights, privileges and franchises."
The contract referred to above as existing between the " Oak- land Water Front Company, the Western Pacific Pailroad Com- pany, and other parties," was entered into April 1st, 1868, by the following named parties : The "Western Pacific Ilailroad, by its officers, as first party ; Leland Stanford, as second party, and the Oakland Water Front Company, as third party ; and speci- fies that the first party agrees to construct and complete a railroad connecti<»n with the Central line, to terminate upon certain lands to be selected from the Water Front Company's property ; also to erect buildings and structures for passenger and freight depots, and to expend within a specified time, upon said lands, at least $5UO,00(>, gold coin, not including the i)urchase of any existing improvements.
Tlie contract is not a matter of public record, otherwise it would in this connection l»c published.
92 OAKLAND DIRECTORY.
The water front property lias been carefully surveyed, under the supervision of Calvin Brown, and a most complete and elaborate map has been prepared. The railroad reservation an- nounced is shown upon the map accompanying this volume. The intention of the Water Front Company and of the Western Pacific Railroad Company, at the date of this M-ritinc;, is not fully announced. Work upon the portion of the road between this city and Stockton, hj way of Livermore Pass, is progress- ing with rapidity, and work is to be commenced in this city almost immediately. It is, indeed, probal)le that when this meets the eye of the reader, hundreds of laborers will be at work in Oakland and its immediate vicinity, npon tlie improve- ments projected by the Water Front Company and the Western Pacific Railroad Company,
REAL ESTATE GROWTH OF THE CITY.
During the past two years the value of Oakland real estate has increased fully 200 per cent., and is now steadily and rapidly advancing. It is in exceptional cases only that property commands a high price on account of its prospective value. Within the limits of the city, the value of property is founded upon the extent of the income that might be derived from it, if improved. There has been inflation in regard to outside lands, which have in numerous cases been sold at prices far in excess of their intrinsic value. Such transactions have not been numer- ous, but they have in a measure injured the legitimate operators in real estate. Mr. E. C. Sessions, one of the leading real estate dealers and owners in Oakland, commenced the publication of The Real Estate Gazette^ November Ttli, 186S. The initial number contained a table showing real estate transactions in Oakland, Brooklyn and Alameda Townships for the two years ending November 1st, 1868. This being the transition period, during which Oakland changed from the condition of a quiet village to that of a promising city, we deem it proper to re- reproduce that table, and thus preserve it in a more permanent form :
OAKLAND DIRECTORY.
93
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94 OAKLAND DIRECTORY.
The same authority, commenting upon the above tabular re- view, states that " Xo reference lias been had to Broadway property. It is rarely offered for sale, and but few transfers have been made during the last year, most of these including improvements, rendering it diflTicult in many cases to arrive at an accurate valuation of the land. We consider $175 to $200 per front foot a fair quotation for ])roperty on the west side of Broadway, between Fourteenth street and the railroad. Upon the east side, within same limits, $150 ; below the railroad, $100 to $150 per front foot. Sales can be readily effected at these fio;ures.
" From reference to the above review, several things are ap- parent. First, an advance in the value of property in Oakland and vicinity 6f nearly 200 per cent, in two years. Second, the improvements alaeady made, as well as the regularity of tJiis advance, are evidence of its legitimacy. Sales made within the last month, and those l>eing daily consummated, with the as- surance we now have of other and extensive improvements to be made in the spring, warrant a reasonable exj)ectation of fur- ther advance."
The growth of Oakland and Alameda and the adjacent coun- try, in population and wealth, may be learned i^i-om the follow- ing tables, showing the receipts of the two Eailroad' Companies since January, 1866 :
OAKLAND DIRECTORY.
95
SAN FRANCISCO AND OAKLAND KAILROAD :
MontliiJ. Receii)t:».
Jan. 186t) $8,662
Feb. " 9,068
Mar. " 14,223
April " 17,84-2
May " 6,956
June '' 8,474
July " 7,814
Aug. " 8,183
Sept. " 7.404
Oct. " 6,736
Nov. " '. . •• 12,556
Dee. " 8,466
Jan. 1867 8,468
Feb. " 9,734
March '' 11,446
April " 12,430
June, " 34,629
July " 17.954
August " 18,908
Oct. " 18,743
Nov. " 15,784
Dec. " 13,469
Jan. 1868 14,337
Feb. " '. 17,330
March " 18,751
April " 21,296
May " 23.227
June " 22.444
July " 23,037
Aug. «• : 18,419
Sept. '' 21.41(>
Oct. " 20,742
Nov. " 19,565
96
OAKLAND DIRECTORY
SAX FRANCISCO AND ALAMEDA RAILROAD,
|
Jan. 18f)<) |
|
|
Feb. |
u |
|
March |
i. |
|
April |
a |
|
May |
a |
|
June |
ki |
|
July |
it |
|
Aug. |
u |
|
Sept. |
i. |
|
Oct. |
u |
|
Nov. |
a |
|
Dec. |
t . |
|
Jan. 1S»)7 |
|
|
Feb. |
a |
|
Mar. |
b» |
|
April |
hh |
|
Mav |
a |
|
June |
a |
|
July •J |
u |
|
Aug;. |
(k |
|
Oct. |
(. |
|
Nov. |
a |
|
Dec. |
>( |
|
Jan. |
u |
|
Feb. |
ib' |
|
March |
U |
|
April |
ti |
|
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June |
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Aug'. |
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|
Sept. |
it |
|
Oct. |
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|
Nov. |
k* |
^
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>v^i:
14,322
4,910
8,458
10,874
8,216
6,973
6,399
5,070
8,317
7,756
13,558
9,648
8,358
9,358
11,399
13,998
10,128
29,060
p 11,264
~^. 12,312
.-'A 12,223
10,091
,2 7,047
.!' 6,786
7,855
9,887
11,344
19,539
15,637
16,321
14,069
\./-^
r^rrrt i3,987
14.946
13,125
OAKLAND DIRECTORY
97
The following table shows the valuation of city property for a few years past, and the rate of taxation, according to the as- sessment rolls :
|
Year. |
Rate of Taxation on the SIOO. |
Amount of Tax. |
Value of Property. |
|
1863-4 |
$1 00 1 00 1 00 0 60 1 00 1 00 |
$7,942 9,701 12,187 8,609 18,324 33,634 |
$794,121 970,125 |
|
1864-5 |
|||
|
1865-6 1866-7 |
1,107,949 1,434,800 |
||
|
1867-8 |
1,832.428 |
||
|
1868-9 |
3,363,478 |
||
In the year 1858, the total vote of Oakland Township was 406 ; at the late Presidential election it was 1,273.
The growth of the city has been to the north, but the greater part of the improvements have been made on the portion originally covered by oaks, the light, sandy soil being pleasanter for the ordinary purposes of a dwelling place, and by many being deemed healthier.
(7)
98
OAKLAND DIRECTORY.
EDUCATIONAL INSTITUTIONS.
For years past, the educational institutions located in this city have occupied a leading position in California, and have been attended by students from all parts of the Pacific Coast, Mexico, and the Sandwich Islands. We append a few of the
leading facts concerning each.
THE COLLEGE SCHOOL, COLLEGE OF CALIFORNIA, AND UNIVEKSITY
OF CALIFORNIA.
These three institutions are mentioned in connection with each other, because the College of California grew from the College School, and the State University is the full develop- ment of the College of California. Each institution marks an era in the progress of the cause of education in the State.
A correspondence was commenced among some of those who subsequently became Trustees, on the possibility of founding a college in California, as early as the year 1849. Plans were laid at that time, but there was very little progress until the spring of 1853. At that time the Rev. Henry Durant arrived, and a plan for opening a College School was matured at a meet- ing of the Presbytery of San Francisco and Congregational As- sociation of California. A building which stood on the north- east corner of Broadway and Fifth streets was rented, and school was opened by Mr. Durant. At first the school was ex- ceedingly small, and for several years its growth was slow.
I
OAKLAND DIRECTORY, 99
Among tlie half-dozen scholars in attendance was the writer of these pages. Funds were raised by subscription, and the four squares now occupied by the College and College School were purchased. At this early day, tlie services rendered by the Rev. S. B. Bell, the Pastor of the Presbyterian Church, were of in- calculable importanc, and but for him Mr. Durant would have been unable to have continued in -the enterprise upon which he had embarked.
The College of California was incorporated in April, 1855. The Trustees entered upon their work with much energy, and frequently gave from their private funds for the support of the institution. In 1856, the Pev. Horace Bushnell was elected President. While having the matter under consideration, he gave a large portion of his time to a careful examination of the country around the Bay of San Francisco, and the site finally chosen was in accordance with his preference. It may, there- fore, be stated that the site for the University building, at Berkeley, is the best that can be found anywhere in close prox- imity to San Francisco, for the opinion of such a man as Dr. Bushnell is of more value than that of any number of com- missioners acting under the authority of a legislature, and ex- posed to the numberless improper influences which would beset them.
The first Freshman Class was admitted in the summer of 1800. A small college building was erected, and a college faculty had been chosen. To meet the increased expenses re- newed exertions had been made and sufficient funds were ob- tained. In March, 1862, the Rev. S. II. Willey was elected Vice- President of the College. A larger building was erected, and a fund was raised for the endowment of the Presidency. Efforts were made to secure the services of some suitable person from the East, to act as President, but without success, and until the present time, Mr. Willey, as Vice-President, has administered the affairs of the Collecre.
The first class admitted graduated in June, 1864, and classes liave graduated in course every year since.
100
OAKLAND DIRECTORY.
In 1865, the College Faculty invited a general meeting of the College Alumni in the State, to be held in connection with the commencement occasion of that year. In response to the in- vitation, there was a large attendance on the part of the clas- sically educated men of the State, and the meeting was so agi"ee- able, and so abounded in literary festivities, tliat a permanent association, the Associated Alumni of the Pacific Coast, was organized. The Alumni have since held their annual meetings with regularity, and have become exceedingly popular.
The College Faculty is composed as follows :
Yice-President (Acting President,)
Rev. S. H. Willey.
Professor of Mental and Moral Science, and Greek,
IIev. IIenky D leant.
Professor of Latin,
Kev. Martin Kellogg.
Professor of Natural Sciences,
WiLLAKD B. KiSLXG.
Professor of Belles Letters,
Pev. I. H. Brayton.
Tutor in German and Mathematics,
Henry Hillebrand.
Tutor in French,
Chas. L. Des Pochers.
The next commencement of the College will probably be the last, as at that tims the Rage its of the University will be ready to assume charge of it, and incorporate it into a department of the University, as provided by law. The College Trustees, in 1867, voted unanimously, that if the State would undertake the establishment of a University of the first rank, the College of California would turn over its assets to the newly created Uni- versity, and surrender its corporate existence if a department of Letters should be created. The influence of the Trustees and of their friends secured the passage by the Legislature, of an Act
OAKLAND DIRECTORY. 101
to create and organize the University of California. Tlie mis- sion of tlie College is accomplished, a University which will be complete in all its departments, havingbeen established.
THE COLLEGE SCHOOL.
As Stated above, the Rev. Henry Durant was Principal of the College School from 1853 to 1860. From 1860 until the present time, the Rev. I. II. Brayton has been Principal of the School, having ;for eight years enjoyed the assistance of F. M. Campbell, M. A., in conducting the School, and having been as- sisted during the last year by the Rev. E. G. Beckwith.
In 1865, the Trustees of the College . ceased to retain pro- prietary control of the College School, though continuing to ex- ercise supervisory oversight, and stipulating that the original purposes in its establishment should be adhered to.
The Institution employs fifteen Professors and Teachers, and has an attendance of about 250 pupils. It is acknowledged the largest Institution of its class upon this coast. Its extensive, improved grounds, and numerous, large and fine Iniildings, Avill amplj' repay a visit.
As the founders of the College School had in mind the lead- ing purpose of establishing a college, it led to a complete orga- ization and a fuller provision than is customary in academies where colleges are already in existence. Hence the College School, as now distinct from the College of California, lias Is ample provisions as many colleges. Its property is estimated at one hundred thousand dollars. There are three well organized Departments ; the Classical or Preparatory, the Higher English, and the Junior, the latter being divided into two grades, of which the lowest is intended for very young pupils, who are separated from the older students both in the school-rooms and on the play grounds. The buildings are spacious, commodious, well furnished, and comfortable. Accommodations are pro- vided for two hundred boarding pupils.
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FEMALE COLLEGE OF THE PACIFIC.
This institution owes its existence to the efforts of the Rev. E. B. Walsworth, whose personal exertions first secured the means of establishing it. During the first years of the institu- tion, the Rev. S. S. Harmon and wife had the immediate con- trol, and its success and present reputation is in no small degree due to their skill as teachers, and to the efiiciency with which they performed the varied duties which devolved upon them. In April, 1864, the " Pacific Female College " was incorporated under the general laws of the State. A department had been opened June 15th, 1863, and the existence of the College, pro- perly dates from that time. The first Board of Trustees con- sisted of the following persons :
Louis McLane, J. G. Kellogg, R. B. Woodward, A. H. Hous- ton, S. E. Alden, B. C. Horn, Mark Brumagim, J. P. Robinson, E. B. Walsworth, W. R. Garrison, William Xorris, A. B. For- bes, Samuel B. McKee, Geo. W. Mowe, Hon. F. F. Low, R. W. Kirkham, C. Palmer, Erwin Davis, D. D. Colton, M. R. Roberts.
The College has steadily grown in numbers and importance, and several classes have graduated, having completed the pre- scribed course of study. There is now an attendance slightly in excess of one hundred scholars, and fourteen teachers are en- gaged at the Institution. The Rev. E. B. Walsworth is at the head of the Institution.
By the terms of the Charter by which this Institution is ranked among the Colleges of the State, it possesses the full right of conferring all the customary degrees, both Academic and Honorary, The degrees conferred are :
A. E. — The degree of " Artium Excelsior" will be conferred on those members of the Institution who have completed the regular course.
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S. B. — The student wlio lias satisfactorily pursued all the pre- scribed course, except the Ancient and Modern Languages, and whose correct deportment is certified to by the Faculty, shall be entitled to the degree of " Baccalaureate ot Science."
All successful candidates for either of the above degrees will receive a diploma of the same grade, with that which confers a a like dej^ree in other Colleges.
Oakland Seminary, — This Institution was commenced in the City of Oakland on the 8th of November, 1858, by Mrs. G. M . Blake, its present Principal . Mrs. Blake on that day com- menced in a private parlor on Broadway and Sixth streets, with a class of four 'young ladies. On the 1st day of April, 1859, the school was so much increased as to requise a larger room and was removed to the corner of Broadway and Eighth streets, now occupied by a building owned by Dr. Sanford. On the 1st day of March, 1860, it was again removed to the corner of Fifth and Jackson streets, to the house of J. Rosss Browne, where it re- mained nearly four years . A new building was commenced in June, 1863, and completed on the 2-lth day of October of the same year, at which time the school was again removed to the spot where it now stands, and was there permanently established. There are three separate departments in the school — Collegiate, Intermediate and Primary. The School affords the advantages of a thorough English course, the ancient and modern languages, music (vocal and instrumental), and all the ornamental branches. Connected with the School, is a Board of visitoi-s, composed of the following: srentlemen :
J^ o"
Rev. Samuel II. Willey, Hon. Sherman Day, Rev. Ben- jamin Ackerly, Hon. O. L. Shafter, Rev. Henry Durant, Dr. W. Newcomb, Rev. Margin Kellogg, Rev. George Mooar, Rev. Isaac II. Brayton, William K. Rowell, A. M. ; Rev. Dr. Pierson, J. E. Stevens, Esq., Dr. H. Gibbons, George C. Pot- ter, Esq. ; Rev. E. G- Beckwith .
104 OAKLAND DIRECTORY.
Five Classes have graduated from the Collegiate Department.
Seventeen teachers are connected with the Institution, and there are about 120 scholars receiving instruction in the various Departments.
Oakland Academy . — This is a Military, Classical and Eng- lish School for boys and young men . It was opened in this city January 9th, 1865, and was removed to its present locality on the Telegraph road, January 10th, 1868. There are em- ployed seven teachers, and there are 60 boarders, the limited number. The School is the private property of the Eev. David McClure, who is the Principal . Family and military discipline are combined, and the School is unlike anv other in the State. The entire School forms one military company, known as the "Oakland Academy Cadets," which is organized under the State Law, and is furnished with arms .
Roman Catholic Convent. — In the summer of 1868, the " C^^nvent of our Lady of the Sacred Heart " w^as dedicated to its purposes of education. The teachers are " Sisters of the Holy names of Jesus and Mary," w^ho came from Canada to ac- cept their present positions . The course of study is extensive, and all the branches usually taught in female seminaries or aca- demies are there to be learned. The Rev . Father King is the founder of the Institution, the means for building it having been raised by his personal exertions ,
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SOCIETIES.
Masonic— There are in Oakland two Masonic Lodges and two Chapters, the total membershij) of the Lodges being 125, and the Chapters numbering 54 members.
Live Oak Lodge, No. 62, was instituted May, 4th, 1855, and at the present time contains 80 members. The officers are as follows :
J. C. Kyte, ^Y. M. ; Thatcher P. Wales, S. W. ; L. J. Kector, J. W. ; John Gieschen, Treasurer ; Wm. Yan Voorhies, Sec- retary; Benjamin Akerly, Chaplain; Eobert Ward, S. D. ; Wm. II. Irwin, J. D. ; Julius Zabel, Marshal ; J. S. Gordon and Wm. P. Bagley, Stewards ; H. E. Hitchcock, Tyler.
Oakland Chaper, No. 26, was instituted May, 5th, 1860, and now contains 39 members. The officers of the Chapter are as follows :
o >
Benjamin Akerly, High Priest; Franklin Warner, King Jas. Lentell, Scribe ; J. C. Kyte, C. H. ; S. Nolan, P. S. ; Wm Van Voorhies, P. A. C. ; C. Bagge, G. M. 3d V. ; J. Letter, G. M. 2d V. ; II. Cordes, G. M. 1st V. ; J. Dieves, Treasurer ; S. Hirshberg, Secretary.
Oakland Lodge, No. 188, F. tfe A. M., was instituted No- vember 4th, 1868, with the following officers :
106 OAKLAND DIRECTORY.
K W. Spaiilding, "W. M. ; J. W. Hoag, S. W. ; S. H. Pardee, J. W. ; C. B. Kutlierford, Secretary.
The Lodge numbers 45 members, and is in a flourisliing con- dition, with fine prospects for its future usefulness.
The present officers are as follows :
K W. Spaulding, W. M. ; J. B. Scotchler, S. W. ; S. H. Pardee, J. W. ; L. G. Chapman, Treasurer ; C. B. Rutherford, Secretary ; W, J, Gurnett, Assistant Secretary.
Al.vmeda Chapter, No. 36, R. A. M., was instituted No- vember 11th, 1868, and numbers 15 members. The following are the officers :
J. B. Scotchler, High Priest ; A. F. Williams, King ; J. B. Felton, Scribe ; E. J. Passmore, Captain of the Host ; Robert Ward, P. S. ; Thomas- H. Pinkerton, R. A. C. ; E. F. Hall, G. M. 3d Y. ; H. H. Bigelow, G. M. 2d Y. ; C. W. Howard, G. M. 1st Y. ; George R. Walker, Guard.
Independent Order of Odd Fellows. — There are in Oak- land two Lodges of the Independent Order of Odd Fellows, and a Library Association under their control. The aggregate membership of the two Lodges is 180.
University Lodge, No. 144. — University Lodge, No. 144, I. O. O. F,, was instituted in this city, June 20th, 1868. The meetings of the Lodge are held in the Hall of Oakland Lodge, in Allyn's building, on Broadway, between Eighth and Ninth streets, each Thursday evening. The officers of the Lodge are as follows :
W. D. Harwood, N. G. ; J. Y. B. Goodrich, Y. G. ; H. O. Souther, R. S. ; S, Goddard, P. S. ; J. H. Seymour,Treasurer ; Wm. Bartling, O. H. Burnham, Ives, Scoville, Trustees.
The Lodge numbers about 60 members.
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Oakland Lodge, No. 118. — This Lodge was instituted July 3tli, 1865. The meetings are lield on Tuesday evening of each week, at the Hall, in Allyn's J3uilding. The othcers are as fol- lows :
E. S. Reinac-h, K G. ; W. J. Gurnett, V. G. ; Peter Baker, R. S. ; G. n. Fogg, P. S. ; D. Vogt, Treasurer. There are 120 members belonging to the Lodge.
I. O. O. F. LinuARY Association. — This Association was organized August 12th, 1867. The officers are as follows :
J. C. Holland, President ; E. S. Reenach, J. Doblin, Vice- Presidents ; AV. J. Gurnett, Secretary ; J. Callaghan, Treasurer; J E. Bacon, Librarian ; D. G. Barnes, Director from University Lodge ; G. "VV. Scribner, Director from Oakland Lodge.
The Association numbers 31 members, and there are in the Library about 1,000 volumes.
DuRANT Rhetorical Society. — The Durant Rhetorical So- ciety was instituted at the organization of the first Freshman Class of the College of California, in the summer of 1860. The Society is composed exclusively of the students and graduates of the College of California. The President, Vice-President and Editors of the " Echo " must be members of the Junior or Senior Classes. The meetings are held each Friday evening during the terms of the College, and as the name of the Society indicates, the exercises are of a purely literary character, con- sisting of a discussion upon some literary, scientific, or political toj^ic, and the reading of a manuscript paper termed the " Col- lege Echo." The officers for the last term of the winter session were as follows :
President, N. D. Arnot, Jr. ; Vice-President, S. M. Redding- ton ; First Editor, C. W. Anthony ; Second Editor, John B. Roddick ; Secretary, ^V. W. Carter ; Treasurer, R. L. McKee.
108 OAKLAND DIRECTORY.
■ Hebrew Benevolent Society. — This Society was organized October 5th, 1862, S. Hirshberg being the iirst President, and the leading members then being R. Ileyman, since deceased, S. Beal and J. Letter. The Society is small in numbers, there being but 12 members. They own a tract of land at the Moun- tain View Cemeter}', and in various ways carry out the benevo- lent purposes of the Order. The present officers are as follows :
S. Beal, President ; J. Letter, Vice-President ; M. Tash, Sec- retary, J. Doblin, Treasurer ; L. Ileyneberg, S. Hirshberg, H. Ash, Trustees.
House Carpenter's Eight Hour League. — The House Car- penter's Eight Hour League of Oakland was organized February 4th, 1868. It meets each Friday night. There are enrolled as members 1 30 persons. Following are the officers :
F. L. Taylor, President ; E. L. Wetmore, Secretary ; E. K. Miller, Treasurer ; F. K. Hessinger, Financial Secretary.
Lincoln Lyceum. — The Lincoln Lyceum is a literary associa- tion, composed mostly of young men not connected with any in- stitution as students. It meets each Saturday night at the hall, corner of Broadway and 12th streets. There are thirty mem- bers. The Society was founded by Lowell J. Hardy, Jr., in 1865. Following are the officers :
F. L. Taylor, President ; A. W. Burrell, Secretary ; C. G. Eeed, Treasurer ; P. Murray, Sergeant-at-Arms.
Good Templars. — There is in Oakland one Lodge of the In- dependent Order of Good Templars, Athens Lodge, No. 286, which numbers about one hundred members. The Lodge was instituted September 19th, 1867. Following are the officers :
H. W. Barnes, W. C. T. ; Miss Lucy Emerson, W. V. T. ;
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H. F. Sohnery, W. S. ; Miss Etta Miirdock, W. A. S. ; G-. A. Baker, W. F. S. ; Mrs. J. V. B. Goodrich, W. T. ; J. W. Shade*, TV. M. ; Robt. Swarbrick, W. D. M. ; Sister Eosa Baker, W. J. G. ;»G. F. Wliitcoinb, W. V. G. ; T. F. Bacon, P. W. C. T. ; Miss Maggie Casey, W. L. IF. S. ; Miss Ida Whitcomb. W. R. H. S.
The Lodge has occasioned mucli good in our city, and its future usefuhiess promises to be unlimited.
Grani> Army of uhe Republic. — There is one Post of the Grand Army of the Republic in Oakland — Post Xo. 10, District of California, G. A. R. The officers are —
O. II. LaGrange, Post Commander ; J. Y. B. Goodrich, Senior Vice Commander ; A. G. Randall, Junior Vice Command- er ; B. A. Morse, Post Adjutant ; T. A. Hoag, Quartermaster.
United Order of Red Men". — There is in Oakland one Stamm of this Order — Alameda Stamm Xo. 113, instituted Oct. 1st, 1867, and contains 38 members. The officers are as follows :
D. Vogt, O. C. ; A. Koob, W. C. ; A. Eisenbach, Secretary ; Chas. Bradehof, Treasurer.
Industrial Extsrprises — Busin*ess. — Within the limits of Oakland, Alameda and Brooklyn Townships, there are three grist mills, two railroad machine shops, one pottery, two tanner- ies, three planing mills, and one cotton factory.
The Oakland Cotton Mills are reararded as one of the leadincr enterprises in the State. The company was incorporated August