Santa Clara County, CA History

Transcribed by Kathy Sedler

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Pen Pictures From The Garden of the World or Santa Clara County, California, 
Illustrated. - Edited by H. S. Foote.- Chicago:  The Lewis Publishing Company, 
1888.
CITY GOVERNMENT
 
CITY OF SAN JOSE.
        IT was two years after the close of the war with Mexico and the cession 
of Alta California, before the city of San Jose had a government under the 
American system. Up to that time the Alcalde had been the chief executive 
officer, and the Ayuntamiento, or Town Council, had been the legislative body 
for the pueblo. This was the Spanish method, and had been continued by the 
Americans, who retained the system, but selected their own countrymen for 
Alcalde and members of the Ayuntamiento.
        An act to incorporate the city of San Jose was passed by the Legislature 
March 27, 1850, by which it was directed that the city government should consist 
of a mayor and seven councilmen, who were designated a " body politic and 
corporate," under the name of "The Mayor and Common Council of the City of San 
Jose." This name is still retained, notwithstanding all the changes that have 
been made in the charter since that time. By this act the city limits were fixed 
as follows: " Beginning on the east bank of the Coyote River, two miles south of 
the center of Washington Square, in the pueblo of San Jose, and running due west 
to the west bank of the San Jose River (Guadaloupe); thence following down the 
bank of said river to a point four miles distant in a straight line; thence due 
east to the east bank of the Coyote River; thence up the bank of said river to 
the place of beginning." The act also provided that an election for city 
officers should be held on the second Monday of April, and in each year 
thereafter. The election resulted in the choice of Josiah Belden as mayor, and 
F. B. Clement, Benj. Cory, James D. Curl, John H. Garrison, Peter Shereback, 
Julian Hanks, and William Foster, as councilmen.
        The first building used as a City Hall was the old juzgado, but in 1850 
this building was torn down and the seat of city government was located in an 
adobe building on what is now Lightston Alley, where it remained until the City 
Hall on Market Street was completed, in 1855.
        The first city tax was levied July 11, 1850, and was one per cent on the 
assessed value of all property. The first council voted themselves pay at the 
rate of sixteen dollars per day, against the protest of Benj. Cory. This pay 
ordinance was repealed in December of the same year, Dr. Cory presenting the 
motion for repeal, in which he was sustained by the almost unanimous sentiment 
of the people, and a bare majority of the common council.
        The first order looking to the improvement of streets was on December 2, 
1850, which provided for sidewalks on First Street, from the north end of the 
City Hotel to San Fernando Street; on Santa Clara Street, from First to Market; 
on Market, from Santa Clara to San Fernando; on the south side of San Fernando, 
from Market to First; on San Jose Street, from south end of the legislative hall 
to San Fernando Street. These sidewalks were to be of "the best inch�and-quarter 
pine, red or fir wood, with well-made gravel crossings, and of five feet in 
width;" one-half the expense to be borne by the property owners.
        The income of the city for the first year of its incorporation was 
$37,359.30, and its expenditures amounted to $37,106.04. The expenses included a 
debt of $7,500 handed down to it from the Ayuntamiento of the previous year.
        There was considerable difficulty in straightening out the complications 
arising from the purchase of the property known as the State House, as related 
in a previous chapter. The city, having purchased it from the trustees, Aram, 
Belden, and Reed, had it on hands when the capital was removed from San Jose. 
Soon after that event, the city sold it to the county for the location of county 
buildings. The trustees, not having been paid, asserted a claim, and there were 
also filed on the building mechanics' liens to a large amount. The title was 
sought to be clouded in all directions, and was so tangled up that it was not 
until 1853 that the sale to the county was fully completed. There seemed to have 
been an understanding that the money received from the county should be paid to 
the trustees, Messrs. Aram, Belden, and Reed, but this was not done; hence the 
litigation related in our chapter on land titles.
        The city was divided into four wards in April, 1853, and a fire warden 
appointed for each ward. An appropriation of $2,000 for fire apparatus was also 
made.
        In 1855 the office of captain of police was created, and delegates to 
the Fire Department were also provided for.
        April 16, 1855, the mayor and common council held its first session in 
the new City Hall, on Market Street.
        In the earlier years of the city's existence it was compelled to 
struggle with a large debt, which, beginning with the burden imposed by the 
preparations for the first Legislature (a legacy from the old Ayuntamiento), 
increased from year to year. The high prices of materials and labor rendered any 
kind of public improvements a costly undertaking, while the small amount of 
taxable property gave an income much too small for the necessities of the young 
municipality. Warrants on the city treasury were not paid, for want of funds, 
and as each year's tax was collected disputes arose as to whether it should be 
applied to the whole floating debt pro rata, or each warrant paid in full in 
order of its issuance. However this question might be decided, it was sure to 
give dissatisfaction to a large number of citizens. Added to this was the more 
serious trouble of providing for the absolute wants of the city. People would 
neither furnish materials nor perform labor for city warrants without adding to 
the current prices a sum sufficient to cover interest for an indefinite time. As 
the usual rate of interest in those days was three per cent per month, the debt 
increased with race-horse speed, while the income came in halting at a snail's 
pace. Finally, in 1856, the Legislature passed an act authorizing the city to 
fund its floating debt by the issuance of bonds to the amount of $40,000, to 
bear interest at the rate of twelve per cent per annum. To perform this work the 
mayor, president of the council, and city treasurer were constituted a "Board of 
Commissioners of the Funded Debt of the City of San Jose." The existence of this 
Board was limited to the following July. They issued a portion of the bonds 
provided for, which gave a temporary relief; but in 1858 the city was again in 
financial straits, and the Legislature again came to its aid. By an act passed 
in that year it revived the Board of Fund Commissioners, appointing on the Board 
Wm. Daniels, Thos. Fallon, and James C. Cobb, vacancies to be filled by 
appointment by the city trustees. The new Board was authorized to issue bonds 
enough to cover the full amount of $40,000 provided by the former act, and, to 
assist in the payment of these bonds, the city trustees were authorized to 
convey to these commissioners all the city's right and title to the pueblo lands 
and other property. The bonds were to be paid by 1866. It was under this act 
that the proceedings were had which are related in our chapter on land titles, 
and which resulted in the confirmation to the city of the large body of pueblo 
lands, and which enabled the commissioners to extinguish the entire indebtedness 
of the city. This latter event was accomplished in 1865. This financial 
experience of the city was the cause of incorporating in one of the early 
charters a provision to the effect that the common council should create no debt 
upon the credit of the city. For more than twenty-two years this proposition was 
adhered to, and San Jose was the only city of its class in the Union that had no 
debt of any kind whatever.
        A public meeting of citizens was held January 24, 1857, to take measures 
towards reconstructing the city charter. It was declared the opinion of the 
meeting that the old charter should be abolished. A committee was appointed to 
draft a new charter. At a subsequent meeting Wm. Matthews presented amendments 
to the old charter, which were adopted. An act embodying these amendments was 
passed by the Legislature, but vetoed by the Governor; but, March 27, another 
act was passed, which the Governor signed, and the new charter was accomplished. 
Under the new system, the government of the city was vested in five trustees, a 
treasurer, a clerk and assessors, and a collector.
        An ordinance authorizing Geo. Wheeler and John Ashley to lay gas-pipes 
in the streets was passed January 11, 1858. Nothing ever came of this 
enterprise.
In July, 1860, James Hagan secured a franchise from the city for this purpose. 
On the twenty-first day of January, 1861, the first lights were given. This is 
the origin of the present San Jose Gas Company. There were then only eighty-four 
consumers and seven street lights. The consumption of gas for the first year was 
one hundred and sixty-five thousand cubic feet, which consumed three thousand 
six hundred and fifty tons of coal in its manufacture.
        Oak Hill Cemetery has been the burying-ground for the city since its 
incorporation, as it had been for the pueblo for some years prior to that time. 
In 1858 an ordinance was passed fixing rates at which the burial lots should be 
sold, and prescribing rules for the government of the cemetery. Adjacent 
property has been acquired from time to time.
        Jasper D. Gunn, who had for five years been city marshal, absconded, 
having embezzled $2,700 of the city's money. Gunn was tried and acquitted of the 
criminal charge, but his bondsmen were sued by the city and judgment obtained 
against them.
        In Burton's apportionment of pueblo lands, certain lots had been 
reserved for school purposes. These lots had been assessed for taxation, and had 
been sold, for non-payment of taxes, to private persons. In 1863 the common 
council concluded that all these sales were illegal, and sought to recover the 
lots. To this end it employed W. T. Wallace to bring suits in ejectment against 
those in possession, the fee to be $8,000. Immediately after this contract was 
made, the regular city election came on, and a new council was elected. The 
mayor in his message said: " The tenure by which these lots and land are held is 
known to you all. It is known that the city did adopt preliminary measures to 
set apart this land for school purposes; but it is further known that all the 
acts of our city government, from that time up to the action of our late 
council, have been of such a character as to afford the most undoubted evidence 
that it did not consider that `setting apart' of said lots and land as legal or 
morally binding upon itself; hence they had taxed them, and caused them to be 
sold for the payment of taxes. The common council and the commissioners of the 
Funded Debt have sold, and by deed vested individuals with full ownership of, a 
large part of this land, and, so far as plighted faith and the sacredness of 
moral obligations can be binding upon a municipality like ours, the individual 
rights to this land and these lots thus derived, vested, and secured, ought to 
be held forever undoubted and inviolate." The council was of the same opinion, 
and canceled the contract with Wallace. He brought suit against the city to 
recover his fee. He secured a judgment in the Third District Court, but the city 
appealed to the Supreme Court, which reversed this judgment, and the plaintiff 
recovered nothing.
        Donald McKenzie was granted permission, in May, 1864, to lay water-pipes 
in the streets of the city.
        This was the beginning of the San Jose Water Company.
        In 1866 Washington and St. James' Squares were fenced, and Market Plaza 
graded. The latter square was afterward finely improved, but the location of 
Chinatown, on San Jose Street, prevented its being a popular resort.
        In 1879 an act was passed by the Legislature authorizing the city to 
open Market Street through the plaza, and close San Jose and Guadaloupe Streets, 
and sell the vacant lands adjoining Market Street as opened. There was so much 
opposition to this that the street commissioner saw fit to accomplish his work 
in the dark. The people awoke one morning to find the trees and shrubbery in the 
line of the street cut down and destroyed. The square remained in a dilapidated 
condition for several years. Finally the street was improved, but none of the 
adjoining lots were sold. It was selected, after the burning of Chinatown, in 
1887, as the site for the new City Hall. The heirs of Antonio Maria Pico have, 
from time to time, claimed this property on the ground that it was granted to 
the pueblo by their ancestor to be used as a plaza, and was forfeited when that 
use ceased. The claim of the Pico heirs has never caused any uneasiness in 
regard to the title to the square.
        Some spasmodic attempts were made toward the improvement of Washington 
Square, but, besides inclosing it with a wooden fence, in 1866, planting a few 
trees and making a circular drive in 1869, nothing of moment was accomplished. 
In 1871 it was granted to the State as a site for the Normal School, and has 
been under that jurisdiction ever since.
        The improvement of St. James' Square was more vigorously pressed. In 
1869, some of the trees having been planted two years previously, a systematic 
system was adopted. The grounds were laid out into walks, grass was planted, and 
a superintendent was employed. This system was modified and improved in the 
winter of 1887-88, when it was brought to its present beautiful condition.
        In a work of this character it would be neither profitable nor 
interesting to record, in detail, all the work of the city government during its 
existence. The city records are sufficiently full and explicit to afford all 
necessary information in this regard. While it was considered a remarkably good 
thing to be able to say that the city owed no one a penny, the clause in the 
charter forbidding the council to create any debt often became a cause of 
embarrassment to the city government. The rapid growth of the city created a 
demand for extraordinary expenses, which could not be made without a large 
increase in the rate of taxation. The channels of the streams needed to be 
improved, so as to prevent overflow. A system of sewerage was necessary, and 
there was a rapidly growing demand for increased school facilities. A tax 
sufficient to meet these requirements would have been a burden against which the 
people would have protested. An attempt was made in 1874 to break over the rule 
prescribed in the charter. A resolution was adopted by the council, directing 
the drafting of a bill to be presented to the Legislature, authorizing the city 
to issue bonds to the amount of $40,000, the proceeds to be used for the 
building of school-houses. The bonds were to run twenty years, and bear eight 
per cent interest. Nothing further was done in the matter, however, and it 
rested until 1880. At the city election held that year the matter of issuing 
bonds was submitted to the people, in connection with other propositions. These 
propositions and the result of the vote are as follows: To incur a debt to build 
the new City Hall�for, 842; against, 1,096. To open Second Street through St. 
James' Square�for, 192 ; against, 1,649. To establish a free public library�for, 
1,232; against, 605.
This disposed of the question of a city debt for another six years. In 1886 a 
proposition was submitted to the people at a special election, asking for the 
issuance of bonds for the following purposes:�
 
      Public sewers   $150,000
      A new city hall              100,000
      Iron bridges      25,000
      Improvement of squares            7,500
      Improvement of streets 17,500
      Total    $300,000

 
        It required a two-thirds vote to carry any of these propositions, and 
they were all lost. Within twelve months, however, the people experienced a 
change of heart. The great tide of immigration that was flowing into the 
southern country had attracted the attention of the San Jose Board of Trade, 
which was making strenuous efforts to turn the stream in this direction. Another 
effort was made to bring up the improvements of the city. Public meetings were 
held, and the common council petitioned to call an election, asking the people 
to vote for or against the issuance of bonds for the following purposes:
 
      Completing the main sewer       $150,000
      Branch sewers  135,000
      Building new city hall 150,000
      Cross walks and parks 50,000
      Wooden bridges           15,000
      Total    $500,000

 
        The vote was in the affirmative on all these propositions. The bonds 
were issued payable in twenty years, and bearing interest at five per cent. The 
bonds were sold to Mr, A. Sutro, who paid one-eighth of one per cent premium.
        Early in 1888 it was discovered that the election which authorized the 
issuance of these bonds was not held strictly in accordance with the statute. 
The irregularity claimed was that the notice was one day short of the time 
required by law. There was some difference of opinion as to whether or not this 
was a fatal error, but the purchaser of the bonds did not desire to leave the 
matter undecided, and asked that it be settled. There was a proposition to make 
up an agreed case, and submit it to the courts for adjudication, and another 
proposition to call a new election, issue new bonds, and cancel the old ones. 
The latter method was considered to be somewhat hazardous. The people had three 
times rejected the proposal to create a debt against the city, and there was a 
chance that a two-thirds vote might not be again obtained. A result of this kind 
would have been most disastrous, inasmuch as it would not only stop all the 
improvements that had been commenced, but would have been a breach of faith that 
would have destroyed the reputation of the municipality. This latter 
consideration, however, was not seriously entertained by many of the citizens, 
the majority holding to the opinion that although the people might be opposed to 
incurring a debt, they were not only willing but anxious to pay any obligation 
honestly incurred, and would not take refuge behind any legal technicality to 
avoid a just responsibility. This opinion was fully confirmed. A new election 
was called, and the proposition to issue new bonds carried by a practically 
unanimous vote. The new bonds were issued, and the old ones burned in the 
presence of the mayor and common council and a large concourse of citizens.
        During the last few years, preceding 1888, much inconvenience was 
experienced from the fact that the existing charter was not broad enough for the 
city. San Jose had grown rapidly, and was developing necessities that were not 
provided for in the old municipal constitution. The new constitution of the 
State, which prohibited local legislation, and the statutes enacted under it, 
prevented amendments after the old manner. Pursuant to the new order of things, 
at the regular city election held in April, 1888, a board of fifteen freeholders 
were elected, who were authorized to frame a new charter for the city. The 
following named citizens constituted the Board: L. Archer, C. W. Breyfogle, J. 
H. Campbell, A. W. Crandall, G. E. Graves, A. Greeninger, V. Koch, L. Lion, B. 
D. Murphy, D. B. Moody, H. Messing, C. L. Metzger, John Reynolds, John W. 
Ryland, D. C. Vestal. These gentlemen prepared a charter and submitted it July 
6, 1888. It will be voted on by the people at the next general election, or at 
such other time as the council may dictate.
        The city limits have not been materially changed since the first 
incorporation. Following is their description as they now exist: Beginning on 
the center line of Second Street, at a point one mile and a half southeasterly 
from its intersection with the center line of San Fernando Street; thence 
running in a straight line parallel with San Fernando Street to the center of 
the Coyote Creek; thence down following the center of said creek to its 
intersection with a line drawn through the center of Rosa Street; thence along 
said line through the center of Rosa Street in a straight course to a point 
forty rods southwesterly from the west bank of the river Guadaloupe; thence in a 
straight line to a point in the center line of San Fernando Street, produced 
forty rods southwesterly from the said west bank of the river Guadaloupe; thence 
in a straight line parallel with Second Street to a point that a line drawn from 
it to the place of beginning will be parallel with San Fernando Street; thence 
along said line to the place of beginning.
        The division of the city into wards has never been changed since the 
order of the council in 1853, which created four fire wards, as follows: First 
Ward, north of Santa Clara Street and west of First Street; Second Ward, north 
of Santa Clara Street and east of First Street; Third Ward, South of Santa Clara 
Street and east of First Street; Fourth Ward, south of Santa Clara Street and 
west of First Street.
        In 1884 the system of street numbering was changed to the present 
method, which is as follows: Santa Clara Street is the starting-point, being 
number one; thence north and south in regular order, in each direction, with one 
hundred numbers to each block. Each number is designated as being either north 
or south.
    Following is a, list of all the city officers from the first election in 
1850 to the present time:‑
1850.
Josiah Belden, mayor; Thos. B. Gadden, clerk. Councilmen�F. B. Clement, Benjamin 
Cory, James D. Curl, John H. Garrison, Peter Sherback, Julian Hanks, William 
Foster.
1851.
Thos. W. White, mayor; Joseph Simpson, clerk; F. Lightston, treasurer; John H. 
Watson, attorney; C. E. Allen, assessor; G. N. Whitman, city marshal. 
Councilmen�Joseph Aram, J. B. Devoe, Benjamin Cory, H. C. Melone, Josiah Belden, 
J. D. Hoppe, J. M. Murphy.
1852.
Thos. W. White, mayor; E. P. Reed, clerk; A. J. Yates, treasurer; F. S. 
McKinney, attorney; J. M. Williams, assessor; Geo. Hale, marshal. 
Councilmen�Joseph Aram, J. B. Devoe, Benj. Cory, H. C. Melone, Josiah Belden, J. 
D. Hoppe, J. M. Murphy.
1853.
Thos. W. White, mayor; E. P. Reed, clerk; Thos. Vermeule, treasurer; F. S, 
McKinney, attorney; E. P. Reed, assessor; Geo. Hale, marshal. Councilmen�J. C. 
Emerson, P. O. Minor, Benj. Cory, J. H. Watson, Levi Goodrich, M. W. Packard, J. 
M. Williams.
1854.
Thos. W. White, mayor; E. P. Reed, clerk and assessor; Thos. Vermeule, 
treasurer; A. C. Campbell, attorney; Geo. Hale, marshal. Councilmen�Jos. Aram, 
W. M. Stafford, F. Lightston, J. M. Murphy, Chas. Moody, J. McGill, S. O. 
Houghton.
1855.
S. O. Houghton, mayor; E. P. Reed, clerk and assessor; J. H, Moore, treasurer; 
T. E. Soublette, marshal. Councilmen�Wm. Daniels, A. S. Beaty, S. M. Cutler, J. 
M. Murphy, P. O. Minor, C. Martin, R. G. Moody.
1856.
Lawrence Archer, mayor; E. P. Reed, clerk and assessor; J. H. Moore, treasurer; 
F. S. McKinney, attorney; T, E. Soublette, marshal; Eli Corwin, superintendent 
of schools. Councilmen�Thos. Fallon, C. W. Pomeroy, S. M. Cutler, John B. Price, 
Levi Goodrich, J. M. Murphy, Givens George.
1857.
In this year the city government was organized as a Board of Trustees, the 
president of the Board being ex-officio mayor.
R. G. Moody, mayor; Chapman Yates, clerk and assessor; T. H. Moore, treasurer; 
T. E. Soublette, marshal; Eli Corwin, superintendent of schools. Trustees�Thomas 
Fallon, Wm. Daniels, T. C. Cobb, Marcus Williams.
1858.
P. O. Minor, mayor; Chapman Yates, clerk; J. H. Moore, treasurer; Wm. R. Davis, 
assessor; T. E. Soublette, marshal; Eli Corwin, superintendent of schools. 
Trustees�C. W. Pomeroy, A, Pfister, T. P. Martin, N. B. Edwards.
1859.
City government organized again as mayor and common council. Thos. Fallon, 
mayor; Wm. R. Davis, clerk and assessor; Frank Grant, treasurer; J. D. Gunn, 
city marshal; Eli Corwin, superintendent of schools. Councilmen�C. W. Pomeroy, 
A. Pfister, J. M. Williams, James Morrison, R. G. Moody.
1860.
R. B. Buckner, mayor; J. V. Tisdall, clerk; L. P. Peck, treasurer, W. R. Davis, 
assessor; J. D. Gunn, marshal; Robert Thomson, superintendent of schools. 
Councilmen�J. R. Lowe, J. R. Wilson, Arthur Shearer, Adam Holloway, S. D. 
Gavitt.
1861.
J. W. Johnson, mayor; J. R. Lowe, Jr., clerk ; L. P. Peck, treasurer; A. M. 
Younger, assessor; J. D. Gunn, marshal; R. P. Thomson, superintendent of 
schools. Councilmen�J. R. Lowe, W. W. McCoy, C. T. Ryland, Adam Holloway, J. M. 
Williams.
1862.
J. W. Johnson, mayor; J. R. Lowe, clerk; L. P. Peck, treasurer; A. Campbell, 
treasurer; S. W. Smith, assessor; W. S. Patterson, marshal; C. T. Healy, 
engineer; L. Hamilton, superintendent of schools. Councilmen�E. J. Wilcox, W. 
O'Donnell, C. D. Cheney, Adam Holloway, Thomas Bodley.
1863.
J. A. Quinby, mayor; J. T. Calahan, clerk and assessor; D. B. Moody, treasurer; 
F. E. Spencer, attorney; J. C. Potter, marshal ; L. Hamilton, superintendent of 
schools. Councilmen�C. W. Pomeroy, Jesse Hobson, John Bonner, C. Yates, D. J. 
Porter, L. Magenheimer.
1864.
John Quinby, mayor; J. T. Calahan, clerk and assessor; D. B. Moody, treasurer; 
F. E. Spencer, attorney; J. C. Potter, marshal; L. Hamilton, superintendent of 
schools. Councilmen�C. W. Pomeroy, Jesse Hobson, John Bonner, J. M. Cory, D. J. 
Porter, L. Magenheimer.
1865.
John A. Quinby, mayor; J. T. Calahan, clerk and assessor; C. Yates, treasurer; 
F. E. Spencer, attorney; J. C. Potter, marshal; D. S. Payne, superintendent of 
schools. Councilmen�C. W. Pomeroy, Jesse Hobson, John Bonner, J. M. Cory, D. J. 
Porter, L. Magenheimer.
1866.
John A. Quinby, mayor; J. T. Calahan, clerk and assessor; C. Yates, treasurer; 
F. E. Spencer, attorney; A. B. Hamilton, marshal; W. C, Hart, superintendent of 
schools. Councilmen�C. W. Pomeroy, Abram King, J. A. Clayton, J. M. Cory, D. J. 
Porter, L. Magenheimer.
1867.
J. A. Quinby, mayor; J. T. Calahan, clerk and assessor; C. Yates, treasurer; F. 
E. Spencer, attorney; A. B. Hamilton, marshal; J. H. Pieper, engineer; W. C. 
Hart, superintendent of schools. Councilmen�China Smith, Abram King, J. A. 
Clayton, J. M. Cory, D. J. Porter, J. A. Leighton.
1868.
M. Leavenworth, mayor; J. T. Calahan, clerk and assessor; C. Yates, treasurer; 
F. E. Spencer, attorney; A. B. Hamilton, marshal; J. H. Pieper, engineer; J. M. 
Littlefield, superintendent of schools. Councilmen�China Smith, John Balbach, J. 
R. Hall, Charles Otter, D. J. Porter, J. A. Leighton.
1869.
M. Leavenworth, mayor; J. T. Calahan, clerk and assessor; H. O. Weller, 
treasurer; F. E. Spencer, attorney; Wm. Sexton, marshal; J. H. Pieper, engineer; 
Chas. Silent, superintendent of schools. Councilmen---D. C. Vestal, John 
Balbach, D. C. Bailey, Chas. Otter, D. J. Porter, D. T. Adams.
1870.
Adolph Pfister, mayor; John T. Calahan, clerk and assessor; H. O. Weller, 
treasurer; F. E. Spencer, attorney; Wm. Sexton, marshal; J. H. Pieper, engineer; 
W. C. Hart, superintendent of schools, Councilmen---A. P. Hulse, Frank Lewis, D. 
C. Bailey, J. J. Denny, D. J. Porter, D. T. Adams.
1871.
Adolph Pfister, mayor; John T. Calahan, clerk and assessor; C. Yates, treasurer; 
F. E. Spencer, attorney; Wm. Sexton, marshal; J. H. Pieper, engineer; W. B. 
Hardy, superintendent of schools. Councilmen�A. P. Hulse, S. N. Johnson, Frank 
Lewis, Robt. Page, J. J. Denny, L. Krumb.
1872.
Adolph Pfister, mayor; J. T. Calahan, clerk and assessor; W. A. January, 
treasurer; F. E. Spencer, attorney; Wm. Sexton, marshal; J. H. Pieper, engineer; 
E. A. Clark, superintendent of schools. Councilmen�D. C. Vestal, S. N. Johnston, 
Frank Lewis, Robert Page, J. J. Conmy, L. Krumb.
1873.
B. D. Murphy, mayor; M. Maze, clerk and assessor; W. A. January, treasurer; F. 
E. Spencer, attorney; A. B. Hamilton, marshal; J. H. Pieper, engineer; E. A. 
Clark, superintendent of schools. Councilmen�D. C. Vestal, C. S. Crydenwise, 
Frank Lewis, John McCune, J. J. Conmy, A. Greeninger.
1874.
B. D. Murphy, mayor; M. Maze, clerk and assessor; W. A. January, treasurer; F. 
E. Spencer, attorney; J. V. Tisdall, chief of police; J. H. Pieper, engineer; J. 
O. Hawkins, superintendent of schools, Councilmen�W. O. Barker, C. S. 
Crydenwise, Frank Lewis, John McCune, A. Lake, A. Greeninger, W. F, Ellis, J. 
Lenzen.
1875.
B. D. Murphy, mayor; Wm. Castle, clerk and assessor; W. A. January, treasurer; 
F. E. Spencer, attorney; J. V. Tisdall, chief of police; J. H. Pieper, engineer; 
L. F. Chipman, superintendent of schools, Councilmen�G. W. Lowery, W. O. Barker, 
J. Sweigert, Frank Lewis, D. Hellyer, A. Greeninger, W. F. Ellis, J. Lenzen.
1876.
B. D. Murphy, mayor; Wm. Castle, clerk and assessor; J. A. Lotz, treasurer; F. 
E. Spencer, attorney; J. V. Tisdall, chief of police; J. H. Pieper, engineer; L. 
F. Chipman, superintendent of schools. Councilmen�A. L. Bascom, G. W. Lowery, J. 
Sweigert, M. Hale, Geo. B. McKee, A. Greeninger, D. C. Vestal, D. Hellyer.
1877.
B. D. Murphy, mayor; W. N. Castle, clerk and assessor; J. A. Lotz, treasurer; J. 
V. Tisdall, chief of police; J. H. Pieper, engineer; F. E. Spencer, attorney; L. 
F. Chipman, superintendent of schools. Councilmen�Sol. Easterday, J. Y. 
McMillan, Theodore Gebler, A. L. Bascom, A. Greeninger, M. Hale, G. B. McKee, D. 
C. Vestal.
1878.
Lawrence Archer, mayor; W. N. Castle, clerk and assessor; Jos. A. Lotz, 
treasurer; F. E. Spencer, attorney; D. N. Haskell, chief of police; W. O. 
Breyfogle, street commissioner; J. H. Pieper, engineer; Jas. G. Kennedy, 
superintendent of schools. Councilmen�B. H, Cottle, Sol. Easterday, Theo. 
Gebler, A. Greeninger, H. C. Kaiser, C. L. Kennedy, C. J. Martin, J. Y. 
McMillan. In this year the city clerk absconded and Charles Keane was appointed 
to fill the vacancy.
1879.
Lawrence Archer, mayor; W. F. Ellis, clerk and assessor; J. A. Lotz, treasurer; 
F. E. Spencer, attorney; D, N. Haskell, chief of police; W, O. Breyfogle, street 
commissioner; J. H. Pieper, engineer; J. G. Kennedy, superintendent of schools. 
Councilmen�R. S. Carter, Denis Corkery, B. H. Cottle, S. Grozelier, H. C. 
Kaiser, C, L. Kennedy, C. J. Martin, J. Y. McMillan.
1880.
B. D. Murphy, mayor; W. F. Ellis, clerk and assessor; J. A. Lotz, treasurer; D. 
W. Herrington, attorney; D. N. Haskell, chief of police; W. O.. Breyfogle, 
street commissioner; J. H. Pieper, engineer; T. B. Finch, superintendent of 
schools. Councilmen�R. S. Carter, D. Corkery, S. Grozelier, H. C. Kaiser, A. 
King, C. J. Martin, J. Y. McMillan, C. T. Settle.
1881.
B. D. Murphy, mayor; W. F. Ellis, clerk and assessor; J. A. Lotz, treasurer; D. 
W. Herrington, attorney; D. N. Haskell, chief of police; W. O.. Breyfogle, 
street commissioner; J. H. Pieper, engineer; A. W. Oliver, superintendent of 
schools. Councilmen�H, H, Anderson, S. Grozelier, H. C. Kaiser, C. L. Kennedy, 
A. King, C. J. Martin, H. Messing, C. T. Settle.
1882.
C. J Martin, mayor; W. F. Ellis, clerk and assessor; A. C. Bane, treasurer; D. 
W. Herrington, attorney; W. B. Shoemaker, chief of police; D. H. Kelsey, street 
commissioner; J. H. Pieper, engineer; J. G. Kennedy, superintendent of schools. 
Councilmen�H. H. Anderson, A. De Long, S. Grozelier, V. Koch, H. Messing, Homer 
Prindle, A. Sauffrignon, C. L. Kennedy.
1883.
C. J. Martin, mayor; W. F. Ellis, clerk and assessor; A. C. Bane, treasurer; D. 
W. Herrington, attorney; W. B. Shoemaker, chief of police; D. H. Kelsey, street 
commissioner; J. H. Pieper, engineer; J. G. Kennedy, superintendent of schools. 
Councilmen�C. L. Kennedy, W. H. McCarthy, P. O'Brien, W. F. Hughes, V. Koch, H. 
Prindle, A. Sauffrignon, A. De Long. De Long resigned and F. E. Smith was 
appointed to fill the vacancy.
1884.
C. T. Settle, mayor; W. F. Ellis, clerk and assessor; John R. Wilson, treasurer; 
D. W. Herrington, attorney; W. D. Brown, chief of police; John Purcell, street 
commissioner; J, H. Pieper, engineer; J. G. Kennedy superintendent of schools. 
Councilmen�A. G. Bennett, C. S. Crydenwise, C. L. Kennedy, V. Koch, W. H. 
McCarthy, W. R. McKannay, P. O'Brien, W. F. Hughes.
1885.
C. T. Settle, mayor; Thos. Bodley, clerk and assessor; Jno. R. Wilson, 
treasurer; D. W. Herrington, attorney; W. D. Brown, chief of police; John 
Purcell, street commissioner; J. H. Pieper, engineer; L. F. Curtis, 
superintendent of schools. Councilmen�A. G. Bennett, C. S. Crydenwise, C. L. 
Kennedy, V. Koch, W. H. McCarthy, W. R. McKannay, G. W. James, Fred Zung.
1886.
C. W. Breyfogle, mayor; Thos. Bodley, clerk and assessor; Jno. R. Wilson, 
treasurer; D. W. Herrington, attorney; W. D. Brown, chief of police; John 
Purcell, street commissioner; J. H. Pieper, engineer; L. F. Curtis, 
superintendent of schools. Councilmen�R. B. Dunlap, S. Grozelier, G. W. James, 
F. Zung, W. H. McCarthy, D. McGinley, C. L. Kennedy, Homer Prindle. Kennedy 
resigned and Geo. Evans was appointed to fill the vacancy.
1887.
C. W. Breyfogle, mayor; Thos. Bodley, clerk and assessor; Jno. R. Wilson, 
treasurer; D. W. Herrington, attorney; W. D. Brown, chief of police; John 
Purcell, street commissioner; J. H. Pieper, engineer; F. P. Russell, 
superintendent of schools. Councilmen�R. B. Dunlap, S. Grozelier, O. A. Hale, D. 
McGinley, Homer Prindle, J. D. Roberts, F. Stern, P. Warkentin. Prindle resigned 
and G. W. James was appointed to fill the vacancy.
1888.
S. W. Boring, mayor; Thos. Bodley, clerk and assessor; Jos. F. Columbet, 
treasurer; D. W. Herrington, attorney; W. D. Brown, chief of police; John 
Purcell, street commissioner; J. H. Pieper, engineer; F. P. Russell, 
superintendent of schools. Councilmen�P. Warkentin, C. M. Schiele, F. M. Stern, 
A. B. Hunter, O. A. Hale, Geo. B. Dittus, John D. Roberts, Wm. Petry.
 
FIRE DEPARTMENT.
        The first official action, of which we have record, looking toward the 
protection of property from fire, was taken by the mayor and common council July 
11, 1850, when it established the first fire limits as follows: Commencing at 
the center of Second and St. James Streets; thence along Second to San Carlos; 
thence along San Carlos to the Acequia; thence along the Acequia to a point that 
would intersect the prolongation of St. James Street; thence along St. James
Street to the place of beginning, At the same time it was ordered that within 
these limits there should be erected no edifice composed of canvas, willow, 
cotton cloth, tules, mustard, reeds or other grassy substances, under a penalty 
of not less than twenty-five nor more than two hundred dollars; also forbade the 
maintenance of hay-stacks, unless suitably guarded, under a like penalty. The 
word "edifice," used in the order of the mayor and common council, seems a 
little out of place when applied to tents and huts, such as are here described.
        About this time a volunteer fire company was formed, called "Fire Engine 
Company No. 1." This was a misnomer, as there was no engine or other apparatus 
in the county. The company seems to have realized this, as in the same year it 
changed its name to " Eureka Fire Company No. 1." The members made application 
to the common council for an engine. But as there was no fire machinery to be 
had on the coast, and the city had no money to purchase with even if the machine 
had been procurable, the company was compelled to work with buckets and such 
rude appliances as they could reach. What it lacked in apparatus, however, it 
made up in enthusiasm, and accomplished much good. The inflammable nature of the 
materials of which the buildings were constructed rendered it almost an 
impossibility to extinguish a fire, but this same frailty of construction 
enabled the firemen to destroy connections and prevent the spread of 
conflagrations. The most notable fires during the existence of this company were 
the burning of the house of Samuel C. Young, on Third Street, supposed to have 
been caused by rats igniting matches, and the destruction of the old State 
House. The latter event occurred in March, 1853, and demonstrated the imperative 
necessity of more adequate protection. Prior to this time the city government 
seemed to think that private enterprise would take this responsibility from the 
council.  This opinion is based on a clause of Mayor White's message of 1851, in 
which he says: " I would respectfully urge that a fire department be immediately 
organized, and, if necessary, that an engine and other apparatus be procured; 
but there is reason to believe that the public spirit of our citizens will 
render any outlay by the city in this matter unnecessary."
        Having thus relegated the matter to the " public spirit of the 
citizens," the matter rested until 1853, when the council passed an ordinance 
dividing the city into four fire wards, and appointed the following persons as 
fire wardens: For District No. 1, M. W. Packard ; No. 2, Alvin C. Campbell; No. 
3, A. S. Woodford ; No. 4, Peter Davidson. At the same time an appropriation was 
made of $2,000 for the purchase of a fire engine, with hooks and ladders, the 
president of the council being authorized to draw warrants and orders in such 
sums as he should deem advisable and pay the same over to the committee of 
citizens that should be selected by the people.
        As a result of this action, Hook and Ladder Company No. I was organized 
in the latter part of 1853, and on January 6, 1854, it notified the council of 
its organization and asked for an appropriation for the purchase of apparatus. 
The matter was referred to a committee, which was instructed to confer with the 
foreman and draw up an ordinance covering the matter contained in the memorial. 
The committee was also authorized to secure the lease of a suitable lot on which 
to erect a building for the accommodation of the company. The committee reported 
that Frank Lightston had agreed to let a lot for the nominal rent of twenty-five 
cents per annum, if the committee would erect suitable buildings within twelve 
months. The lease was effected and the old engine house on Lightston Street, for 
so many years a prominent landmark, was erected.
        At the meeting of the council held June 26, 1854, new fire wardens were 
elected, and a committee was appointed to ascertain if a fire engine could be 
purchased in San Francisco. At the next meeting this committee reported that an 
engine could be obtained for $1,800, and that hose would cost $1.50 per foot. 
The committee also reported that four cisterns would be required, and 
recommended that one be located at the center of the intersection of Market and 
Santa Clara Streets, one at the intersection of First and Santa Clara Streets, 
one in front of the Mariposa Store, on Market Street, and one in front of Jones' 
Store, on First Street. This latter location was about opposite Fountain Alley. 
All the recommendations of the committee were adopted, and the apparatus 
purchased, at a cost of $2,546.25. Of this amount the citizens contributed 
$1,355, and the remainder was paid out of the city treasury. The cisterns were 
located as recommended by the committee, and for more than twenty years were 
maintained and used for fire purposes.
        The engine purchased at this time was historic. It had been used by the 
Volunteer Fire Department of New York as early as 1830, and was known as "Old 
41," its quarters being at the corner of Delaney and Livingston Streets. Levi 
Goodrich, the architect, and Abe Beatty, the first landlord of the Mansion 
House, used to run with the old machine in New York. In 1850 it was sent to San 
Francisco, and sold to the engine company of which Senator Broderick was 
foreman. The city of San Jose purchased it from the Broderick Company. When 
brought to San Jose it was given into the hands of the Empire Company, and its 
name changed to "Empire No. 1." It is now at the county almshouse.
        The city had now a very effective fire department of two companies. with 
what was considered in those days excellent apparatus, manned by the most 
prominent citizens of the city, full of that heroic enthusiasm for which the 
volunteer fire companies of America were noted. Hook and Ladder Company had a 
fine truck, manufactured by D. J. Porter and H. J. Haskell, the woodwork being 
done by C. S. Crydenwise.
        A grand parade of the department took place on New Year's day of 1855. 
Both companies assembled at the new engine house on Lightston Street, which had 
just received its finishing coat of paint from the brush of James Gourlay, a 
veteran fireman, who still lives to recount his experiences. A procession was 
formed, which marched through the principal streets of the city to the " brick 
church," at the northeast corner of Second and San Fernando Streets. Here Rev. 
Eli Corwin delivered a prayer, and Miss Mary Crane, in behalf of the ladies of 
San Jose, presented Empire Company with a beautiful silk banner. The department 
then repaired to the City Hall, where they partook of a bountiful collation, and 
passed several hours in speech-making and social intercourse. This was the first 
public parade of the fire department. After this they occurred annually on the 
Fourth of July.
        On the thirty-first of May, 1855, a disastrous fire occurred in the most 
populous portion of the city. The fire originated on a short, narrow alley east 
of Market and south of El Dorado Street. There were several other tenements on 
the same alley. Immediately west of these, and fronting on Market Street, were 
the stores of Lazarus & Co., clothing and dry goods merchants, corner of Market 
and El Dorado Streets; the fruit and grocery store of Giovani Mulinari; the 
vegetable and grocery store of Baptiste Soularis; the jewelry store of E. L. 
Veuve; the confectionery establishment of Madam Alviso, and the extensive 
saddlery emporium of August Schweeb. All of these suffered considerable loss. 
The progress of the fire southward was somewhat checked by the brick walls of 
the Auzerais Building, and this obstacle, with the heroic efforts of the little 
fire department, prevented that portion of the city from entire destruction. 
After the fire had burned down, the half-consumed remains of a man were found in 
the ruins.
        This fire, and the rapid growth of the city, demonstrated the necessity 
of further additions to the fire department, but it was nearly a year before 
anything was accomplished. In 1856 Mr. James Gourley, who had been on a visit to 
New York, returned, bringing with him a hand engine, which he proposed to sell 
to the city. The council agreed to purchase it if a company could be formed to 
handle it. This was no difficult matter, and in a few days a company reported as 
ready for service. This company was called " Torrent No. 2," and went into the 
department May 12, 1856. The old "Torrent " engine did good service for many 
years, and is now in the country doing duty with a threshing-machine. It has 
"paid for itself" many times.
        These three companies constituted the fire department of San Jose for 
many years, and this apparatus, with the addition of new hose and a hose cart or 
two, comprised all the apparatus until 1865, when the present steam engine used 
by Empire Company was purchased by the city. This of course caused the old 
engine used by Torrent Company to present a very insignificant appearance, and 
the boys cast about for a better machine. Mr. Gourley went to San Francisco, 
where he found a beautiful Hunneman hand engine for sale very cheap. He spent 
some time in testing its capacity, and, being fully satisfied, came back and 
reported to the company. Application was made for its purchase. The price was 
$1,700 cash, and the city only had $1,250 available for this purpose. The 
council finally agreed that if the balance could be collected by subscription, 
they would buy the engine. A meeting of the company was called and the 
proposition presented. There was a good deal of discussion, the tenor of which 
was that it was useless to attempt to raise so large an amount. Finally Gourley 
threw $50 on the table, saying that it was about the last dollar he had, but it 
should go towards purchasing the new machine. Immediately the coin began to be 
poured on the table, and in less than twenty minutes the whole amount was 
raised. The machine was purchased and remained with the company until 1873, when 
the city purchased a Clapp & Jones steamer for the Torrents, and the old 
Hunneman was turned over to Franklin Company, which had lately been organized. A 
few years later it was sold to the town of Turlock, where it is still doing good 
service.
        In 1855 the department, with consent of the council, established a Board 
of Delegates, by which it was practically governed. This Board consisted of a 
number of members selected from each company. The office of chief engineer had 
been created and soon became a position of great labor and responsibility. In 
1866 the department asked the council to provide a salary for the chief, but the 
application was denied on the ground that the city charter would not permit. The 
officers and members served from 1853 to 1876, a period of twenty-three years, 
with no compensation, giving their best service, and often risking their lives, 
for the benefit of the property owners of the city. In addition to this, much of 
the money required for their proper equipment was taken from their own pockets.
        In 1859 a fire occurred in the kitchen of W. T. Wallace's house, which 
then stood on First Street about where the John Stock Building now is. The Fire 
Department displayed such skill and energy that but a slight damage resulted. In 
recognition of their services on this occasion Judge Wallace presented the 
department with $1,000, which was placed in a fund for the relief of sick or 
disabled firemen. This was the beginning of the Firemen's Charitable 
Association, which was soon after organized, the members paying specified dues, 
and receiving benefits as they became entitled to them. In 1869 an act was 
passed by the Legislature incorporating the department, and providing for 
exemption. By its terms a person who had served in the department for five years 
was entitled to a certificate which exempted him from military service or the 
paying of poll-tax. It also prescribed rules for the government of the Fireman's 
Charitable Fund. This fund continued in existence until the paid Fire Department 
was organized, when, most of the members having withdrawn, it was divided among 
the survivors. There was very little left at the end to divide; but, during its 
existence, it accomplished a great deal of good, many thousand dollars having 
been disbursed for the relief of its members and their families.
        Early in 1876 the question of organizing a paid fire department began to 
be agitated. The city had been out of debt for many years, property had largely 
increased in value, and she felt herself financially stout enough to assume this 
burden. At this time the city had two steamers, Empire and Torrent; one hand 
engine, the Franklin's; two hose companies, the Alert's and the Eureka's, and 
Hook and Ladder Company No. 1. Each of these machines were housed in buildings 
owned by the city, except Hook and Ladder, which occupied a rented room near the 
California Theater. The proposition of the city was to take possession of all 
this property, and allow the old department to seek other quarters and apparatus 
or disband. The Volunteers naturally considered this method of procedure as 
savoring of ingratitude. They had given long years of hard service with no 
compensation, and objected to being summarily dismissed. The machinery which the 
city proposed to take represented many hundreds of dollars of their own money, 
which they had contributed for the general good, and, although the title was 
undoubtedly in the city, they thought they had some claim to consideration. They 
could not legally object to turning over the property and vacating their 
quarters, but they resolved to disband all the companies. The paid department 
was organized October 3, 1876, and just before midnight before the day the 
ordinance went into effect, all the companies paraded the streets, and when the 
last stroke of twelve o'clock sounded, left the machines in front of the City 
Hall and on Santa Clara Street. This was the last of the Volunteer Fire 
Department of San Jose, as intelligent, well-disciplined, and public-spirited a 
body of men as was ever organized in any city on the continent.
        We have omitted one or two links in the history of the Volunteers, which 
we will supply here. In the fall of 1870, Washington Hose Company was organized, 
and did good service, but, after a short time, being dissatisfied with the 
failure of the city to provide either suitable quarters or apparatus, disbanded. 
In 1875 the people in the northeastern part of the city, needing more adequate 
protection from fire, organized Eureka Hose Company, and a house was built for 
them on Ninth Street near St, John. In 1876 Alert Hose Company was organized. At 
first they used the old hose cart of the disbanded Washingtons, but soon 
afterwards purchased a handsome carriage, which they still use. This company is 
made up of young men about town and does excellent service when the alarm 
sounds.
        From an old and defaced chart we have been able to decipher a few of the 
names of the old members of Hook and Ladder Co. No. 1. They are Joseph McGill, 
Jos. H. Munn, Calvin C. Martin, Isidro Braun, John B. Hewson, Wm. McGill, John 
C. Emerson, Geo. Hall, William Cummings, Elihu Allen, Jos. Y. Ayer, Geo. M. 
Yoell, S. H. Bohm, S. H. Covert, S. Waterman, Aug. Schweeb, P. H. Burgman, D. C. 
Chadwick, James Gourley, Joseph Basler, James D. Page, John Balbach, Geo. Lehr, 
Charles E. Allen, Chas. F. Wiley, Edward Woodnutt, Frank Lightston, Elliott 
Reed, E. P. Reed, Wm. A. Murphy, Levi Goodrich, D. J. Porter, Samuel Orr, Chas. 
Moody, Josiah Belden, Levi P. Peck, C. S. Crydenwise, John Q. Pearl, Henry J. 
Haskell, S. O. Houghton, J. H. Flickinger, John M. Murphy, J. O. McKee, R. G. 
Roberts, John Yontz, Hartley Lanham, Eli Jones, A. W. Bell, Geo. Allen, Thos. 
Soublette, A, J. Eddy, G. W. Warner, B. F. Davis, Wm. A. Munn, J. P. 
Chamberlain, Frank McKee, Wm. Lowrey, John Mott, Sam Jacobs, John T. Calahan, 
Chas. Martin, L. F. Redfield, Geo. Pennington, Julian Smart, Narciso Sunol.
        We have also managed to gather the following names of old members of 
Empire No. 1:�
F. G. Appleton, A. S. Beaty, J. E. Brown, B. F. Brown, S. H. Brown, John Beaty, 
Thos. Brown, Geo. H. Bodfish, George Bego, M. P. Baker, A. C. Campbell, P. 
Carlos, Chas. A. Clayton, J. Cerinsky, C. Crittenden, C. D. Cheney, S. Dial, Wm. 
H, Dearing, Peter Davidson, N. B. Edwards, A. Eaton, R. Fisher, John Forney, M. 
Fisher, J. H. Gregory, Jasper D. Gunn, Levi Goodrich, Geo. Hale, D. Herrington, 
M. Hellman, Adam Holloway, S. J. Hensley, Geo. Hanna, James Hartwell, S. N. 
Johnson, J. W. Johnson, Geo. H. Jefferson, Richard Knowles, R. Langley, Frank 
Lewis, R. H. Leetch, C. W. Lander, Fred Malech, Herrick Martin, J. McKenzie, 
Philander Norton, B. G. Porter, Peter Pongoon, C. M. Putney, Peter Quivey, Wm. 
Runk, A. W. Stone, F. E. Spencer, M. Stern, J. M. Sherwood, F. Stock, M. R. 
Smith, F. B. Tompkins, Daniel Travis, Francis Thelig, William Travis, A, M. 
Thompson, T. Whaland, T. Williams, Wm. Whipple, George Whitman, F. Woodward, C. 
W. Wright, D. Yocham, C. T. Ryland, J. A. Moultrie.
        It is to be regretted that these lists cannot be made complete, and also 
that no records have been preserved showing the membership of the other 
volunteer companies, but all books and papers seem to have been abandoned in the 
same manner as the machines were turned over to the city; but, as the city could 
not see the necessity of preserving the records, they have become scattered or 
destroyed.
        About the time the paid Fire Department was organized the city also 
adopted an automatic fire alarm system, which has been improved from time to 
time. At the present time the department consists of Empire and Torrent 
Companies, each with a steamer; Franklin, Alert, Eureka and Protection Hose 
Companies, and Hook and Ladder Company, with improved truck and elevating 
ladders. Negotiations are now in progress for the purchase of another steamer, 
which is much needed.
        The chiefs of the Fire Department under the volunteer system were, as 
near as can be now ascertained: C. E. Allen, John B. Hewson. Levi Peck, J. C. 
Potter, Dan Leddy, Adam Holloway, James V. Tisdall, Wm. Petry, and J. C. Gerdes. 
The officers under the paid department have been:
From 1877 to 1879�J. C. Gerdes, chief; W. D. Brown, assistant; James Gourlay, 
hydrant inspector.
From 1879 to 1881�J. C. Gerdes, chief; James Brady, assistant; James Gourlay, 
hydrant inspector. 
From 1881 to 1887�W . D. Brown, chief ; R. Hoelbe, assistant ; James Gourlay, 
hydrant inspector.
From 1887 to present time�James Brady, chief; John T. Moore, assistant; James 
Gourlay, hydrant inspector.
 
PUBLIC IMPROVEMENTS.
        Among the most important of the public enterprises accomplished by the 
city are the improvement of the channels of the streams and the system of 
sewerage. The history of these two great works will be found interesting and 
valuable. For this history we have drawn on the official report of Mr. J. H. 
Pieper, the engineer who had the work in charge from its commencement to its 
completion.
        The necessity of enlarging and otherwise improving the channels of the 
streams passing through the territory of the city was felt at an early date. 
Inundations of extensive districts adjacent to both sides of the creeks and 
rivers within and outside of the city limits during the " rainy seasons" were of 
frequent occurrence, flooding a belt of land, at times, more than half a mile 
wide and in certain localities to a depth of five and more feet, causing 
distress and in some instances considerable loss of property to the people 
residing within the limits of the inundated district. It is worthy of remark, 
that the reports of the press of such occurrences, here and elsewhere, did not 
redound to the prosperity of the city of San Jose.
        The apparent, if not real, magnitude of the work contemplated, when 
considered in connection with the means that seemed available for the work, 
necessarily deferred its commencement. Moreover, there was no provision or 
authority of law existing under which the work could have been undertaken at 
that time.
In the year 1870, however, a special act of the State Legislature was enacted 
which empowered the Board of Supervisors of Santa Clara County to improve the 
rivers and streams flowing through Santa Clara County, including those passing 
through the city.
        Under this act the Board of Supervisors appointed Edwin Raynor, a civil 
engineer (now deceased), to make the necessary surveys, plans, and estimates of 
the proposed work. The engineer made the surveys for the proposed improvements 
of a part of the Guadaloupe River, and filed his report with the Board of 
Supervisors of said county, November 6, 1871. On December 14 of the same year, a 
protest, signed by a two-thirds majority of the interested property holders (who 
were authorized by law to object to the further prosecution of the proposed 
work), was filed with the Board of Supervisors, and all further proceedings in 
this matter were thereupon ordered to be stopped by said Board.
        The next step was taken by citizens and interested property holders, by 
the presentation of a petition, addressed to the mayor and common council of the 
city of San Jose, April 22, 1872, urging the work of "widening, straightening, 
and deepening of the channel of the Guadaloupe River within the city limits, and 
to take such other action as will secure the protection of lands contiguous to 
said river or stream from overflow." In compliance with this petition the mayor 
and common council passed an ordinance, approved by the mayor, the Hon. A. 
Pfister, August 6, 1872, directing J. H. Pieper, city engineer, to make a survey 
of this river and to report the same to the mayor and common council, 
accompanied by a diagram map of the location of said stream and the proposed 
alterations of its channel. This survey was approved November 3, 1873; but, in 
the absence of authority on the part of the city government to improve the 
channels of the streams as referred to above, nothing further could be done 
until after the enactment of a new city charter by the State Legislature in 
1874.
        This charter enabled the mayor and common council to levy an annual tax 
not exceeding ten cents on the $100 of taxable property, and also authorized the 
city to cause improvements to be made on the streams at any place outside the 
corporate limits, whenever, in the opinion of the mayor and common council, the 
exigencies of the case might require them. Under this act the improvement of the 
channels of the streams flowing through the city has been gradually and 
successfully accomplished, until, at the present time, very little remains to be 
done.
        The work was commenced in May, 1875, at which time the mayor and common 
council adopted a resolution authorizing the payment of ten cents per cubic yard 
of earth excavated and removed from the Guadaloupe River, at such times and 
places as the mayor and common council should direct.
        This river enters the city at its western limits about two hundred and 
seventy-five feet north of Willow Street, and thence passes through the 
corporate limits of the city in a northwesterly direction a distance of about 
fifteen thousand and seventy-five feet. It receives two tributary streams within 
the city; one of these is the Tulares de los Canoas, which joins the Guadaloupe 
at a point about two hundred and fifty feet south of San Salvador Street ; the 
other the Los Gatos Creek, forming its confluence with the Guadaloupe about five 
hundred and forty feet north of Santa Clara Street.
        The channel of the Guadaloupe River was originally very irregular in 
width, varying from a minimum of about twenty-five feet in the southwestern part 
of the city to a width of seventy-five to one hundred and fifteen feet in other 
parts. In depth its channel varied from five to fifteen feet, its course being 
very erratic, turning abruptly from one side to the other.
        During freshets the river overflowed its banks, forming in various 
places side channels through adjacent lands, washing out the soil, which 
consists principally of a rich sedimentary sandy loam, to depths varying from 
one to six feet, and at one time, after a protracted rainstorm, sweeping and 
destroying several tenement houses. The aggregate fall of the river channel from 
the point of its entrance into the city territory to its lower exit, was found 
to be forty-two feet. This fall, however, was irregular and varied from one inch 
per hundred feet in the central part of the city, to more than one foot per 
hundred feet in exceptional cases in the southern portion of the channel; while, 
in its lowest part, from the confluence of the Los Gatos Creek northerly to the 
northern city limits, it had a more uniform grade of three to three and one-half 
inches per one hundred feet. The bed of the river consisted principally of clay, 
or adobe, wet, and in many places spongy and difficult of excavation. In the 
absence of any definite data as to the maximum of flood-waters to be provided 
for, the problem to be solved was rather perplexing. But, taking the sectional 
area of the high flood-waters experienced during the winter of 1868 as they 
passed over and across the railroad track, and from Orchard Street along the 
middle of Santa Clara Street and over the Alameda road to Stockton Avenue, 
including the sectional areas of the old channels of both the Guadaloupe and Los 
Gatos Rivers, a cross section of the entire volume of flood-waters was thus 
obtained, from which conclusions were derived that a tolerably uniform channel 
of one hundred and fifteen to one hundred and twenty feet in width between the 
upper bank line, and having side slopes of one and one-half to one and an 
average depth of about thirteen and one-half feet, would afford the requisite 
capacity, and that these dimensions would be also fully sufficient for the 
channel from Santa Clara Street southerly to the junction with the Tulares de 
los Canoas, and up to the vicinity of the westerly terminus of Grant Street, in 
which section the grade of the river channel, as stated above, was much less 
than north of its junction with the Los Gatos.
        From Grant Street southerly to the western city limits, the existing 
conditions as to an increased gradient admitted of a gradual reduction of the 
dimensions of the proposed channel to a width of about eighty-five feet at its 
upper bank lines, as well as of a somewhat lessened depth.
        With these conclusions arrived at, systematic surveys for the 
improvement of the channel of this river were then made from time to time, and 
from year to year, as the means were at hand to do the work ; the new bank and 
levee lines and grades were established, and the amount of the necessary 
excavations along the river-frontage of each of the respective owners of the 
adjacent lands determined by a proper system of cross-section levels. Many of 
the adjacent property owners gave the land necessary for this improvement, and 
did the work of excavation at the statutory price of ten cents per yard. Mr. 
Martin Murphy not only gave the land, but did the work along his line at his own 
expense. But nearly all the channel north of the bridge, at the crossing of the 
Southern Pacific Railroad, had to be improved under the contract system, and 
cost from thirteen to sixteen cents per yard. The entire cost of the improvement 
was $30,503.94
        The Los Gatos enters the city about two hundred and fifty feet southwest 
of Santa Clara Street, and after a short run in a northerly direction unites its 
waters with those of the Guadaloupe, entering said river at an angle of about 
forty degrees. The former channel of this creek was confined almost throughout 
its entire length within the city between redwood bulk�heads, and had a width of 
thirty to thirty-five feet only. Its course, moreover, was exceedingly crooked, 
having the form of the letter S in its meandering ; it extended the length of 
one thousand one hundred feet, while a straight line drawn from the point of its 
entrance into the city to its junction with the Guadaloupe measured about eight 
hundred and fifty feet. However, it formed in this winding course, except in a 
single instance, the boundary between the lands of different owners, holding 
opposite sides of the creek, and to this fact and attendant difficulties in 
adjusting these boundaries, it is to be regretted, must be traced the cause of 
the somewhat unsatisfactory result of the improvement of this comparatively 
short creek channel as to its proper alignment.
        Under these conditions the work of improving this stream had to be done 
in a less systematic and desirable manner than contemplated at the outset; yet 
the channel has been materially straightened as compared with its former course, 
and its width has been increased to about double what it was formerly, affording 
a capacity which will prove amply sufficient to hold within its banks 
flood-waters of the greatest freshets experienced during the last twenty years. 
The channel of this stream has also been widened outside of the city limits to a 
considerable extent, at the expense of the county of Santa Clara. Its depth 
within the city limits is about thirteen and one-half feet, and both banks have 
been secured by a wooden bulk-head, having a batler of four feet in this height, 
and leaving a waterway of about sixty-six feet, mean width. A length of one 
hundred and thirty feet of the new bulk-head on the easterly side of the 
channel, at an unavoidable turn in its course where the full force of the rapid 
current of the stream strikes it, was destroyed some years ago by flood-waters. 
It has since been replaced by willow fascine work, which, at the present time, 
forms a solid facing of growing willows, not likely to be injured hereafter by 
the action of the stream. A part of the bulk-head along the easterly side of the 
stream was built by Mr. John Auzerais, now deceased, at his own expense. The 
entire cost of the improvement of the Los Gatos was $2,992.50.
        The Tulares De Los Canoas passes through the northwestern part of the 
city, and joins the Guadaloupe a short distance south of Auzerais Avenue. Its 
entire length within the city limits is about six thousand seven hundred feet. 
It is an irregular channel, and varies in width from ten to thirty feet, and in 
depth from four to seven feet. Since the improvement of the Guadaloupe River 
this creek has not overflowed its banks, showing that former overflows, 
especially in its lower course, were due mainly to " back-water " from the 
Guadaloupe River. The only locality upon which improvements were made on the 
channel of this creek, was north and south of the Duane Street crossing, where 
it has been regularly improved for a length of about three hundred and 
thirty-four feet, by straightening its course and by excavating it to a regular 
cross section, having a mean width of eighteen feet by a depth of seven and 
one-half feet.
        Coyote River forms the eastern boundary. It has a deep, very wide and 
irregular channel along the city line, and there is no danger of overflow at any 
place adjoining city territory. It has been found necessary, however, to protect 
its westerly bank, which reaches a height of twenty-two to twenty-five feet, and 
consists of a sandy loam, interstratified with sand and fine gravel from the 
action of the current. This work was done immediately north and south of the 
crossing of Santa Clara Street, during the years 1875 and 1876, at which time 
the bank had to be sustained by willow fascine facings and wing-dams, which have 
ever since remained intact, the willows now forming a dense living barrier, as 
it were, to further encroachments of the river at these points. The expenditures 
incurred for this work amounted in the aggregate to the sum of $2,449.70. There 
was also expended for a somewhat extensive break�water embankment, built about 
one-half mile south of the city, during the year 1872, the sum of $3,866.86, 
this being one-half of its cost, the other half having been paid by the county 
of Santa Clara. The embankment was built to avert the danger of overflows from 
the river at this locality, where its strong current during times of freshets 
made rapid progress in the destruction of its westerly bank, which consists here 
also of a sedimentary sandy loam and yields very readily to the undermining and 
abrading action of flood-waters. The total cost of river improvement to date has 
been $44,087.41. The main channel of the Guadaloupe, below its junction with the 
Los Gatos, has a carrying capacity of sixteen thousand cubic feet per second, 
which is ample for all purposes.
        The first attempt to furnish drainage for the city was made in 1867, 
when a wooden sewer three by four feet in size was built on Fourth Street, from 
San Fernando to Taylor Street, a distance of about six thousand two hundred and 
eighty feet. It was designed for the purpose of surface and storm-water 
drainage, and to replace an open ditch which then existed on Fourth and other 
streets, and was built at the comparatively shallow depths of three to eight 
feet. In 1872 temporary sewers, consisting principally of redwood box drains, 
were built in several streets and connected with the branches from the Fourth 
Street sewer.
        This arrangement was of a very temporary character, and in 1870 the city 
engineer, Mr. J. H. Pieper, was instructed to propose and submit a system of 
permanent sewerage for the city. This was done, and the present effective system 
was the result. Its cost was estimated at $200,000. The city had no money at 
that time available for this purpose, and the work was postponed from year to 
year. On several occasions it was proposed that the council ask for authority to 
make a loan, but the prevailing sentiment was against creating any debt. The 
levy of a tax sufficient to carry on the enterprise was as warmly opposed as the 
proposition to issue bonds. The matter stood thus for nearly ten years. In the 
meantime the city had grown rapidly, and the question of drainage could no 
longer be postponed. It was resolved to begin the work and carry it along as 
rapidly as money could be obtained to pay for it.
        In 1880 ground was broken and the work was continued with more or less 
vigor, according to the condition of the sewerage fund, until 1887, when the 
loan of $285,000 was made, $150,000 for the main sewer and $135,000 for branch 
sewers. Up to this time, however, the sum of about $165,000 had been expended 
and the system was in fair working order. The reason why the cost has been so 
much in excess of the original estimate is found in the fact that it is intended 
to build a covered sewer to the bay instead of the open ditch now used as an 
outlet, and to extend the system over much more territory than was at first 
intended. It may be said that the loan of $285,000 was to cover new work not 
estimated on, or contemplated in the original proposition.
        The main sewer is on Fifth Street, extending from San Fernando Street to 
the bay, a distance of nearly eight miles. From San Fernando to Taylor Streets 
it is built of brick, thirty-six by fifty-four inches in the clear, from 
twenty-one to thirteen feet below the surface. From Taylor Street to the outlet 
sewer, near C.                 Younger's line, a distance of six thousand and 
sixty-seven feet, it is of brick, sixty inches in diameter and from thirteen to 
ten feet below the surface Thence through lands of Younger, Maloney, and 
Collins, a distance of one thousand five hundred and five feet, it is of 
redwood, and from seven to three feet below the surface. Thence to the 
Guadaloupe River, about a mile from Alviso, it is an open ditch. The location of 
the open ditch is now being changed so that it will open directly into the bay, 
and will be covered along its entire length.
        The branch sewers, except on Taylor Street, from Fifth to Tenth, and on 
San Fernando Street, from Third to Eighth (which are of brick), are of vitrified 
stone pipe. They now comprise a distance of over thirty miles.
        The accompanying map will show the location, size, and direction of all 
the sewers constructed to the present time. [not included]