Mendocino County
History
History of Mendocino County California - Alley, Bowen & Co., San Francisco, 1880
THE LEGISLATIVE HISTORY OF MENDOCINO COUNTY.
ITS ORGANIZATION AND POLITICAL HISTORY.
THE ORGANIZATION OF THE COUNTY.—The first organization of counties in the United States originated in Virginia, her early settlers becoming proprietors of vast amounts of land, living apart in patrician splendor, imperious in demeanor, aristocratic in feeling, and being in a measure dictators to the laboring portion of the population. It will thus be remarked that the materials for the creation of towns were not at hand, voters being but sparsely distributed over a great area. The county organization was, moreover, in perfect accord with the traditions and memories of the judicial and social dignities of Great Britain, in descent from whom they felt so much glory. In 1634 eight counties were established in Virginia, a lead which was followed by the Southern and several of the Northern States, save in those of South Carolina and Louisiana, where districts were outlined in the former, and parishes, after the manner of the French, in the latter.
In New England, towns were formed before counties, while counties were organized before States. Originally, the towns, or townships, exercised all the powers of government swayed by a State. The powers afterward assumed by the State government; were from surrender or delegation on the part of towns. Counties were created to define the jurisdiction of courts of justice. The formation of States was a union of towns, wherein arose the representative system, each town being represented in the State legislature, or general court, by delegates chosen by the freemen of the towns at their stated meetings. The first town meeting of which we can find any direct evidence, was held by the congregation of the Plymouth Colony, on March 23, 1621, for the purpose of perfecting military arrangements. At that meeting a Governor was elected for the ensuing year, and it is noticed as a coincidence, whether from that source or otherwise, that the annual town meetings in New England, and nearly all the other States, have ever since been held in the spring of the year. It was not, however, until 1635, that the township system was adopted as a quasi corporation in Massachusetts.
The first legal enactment concerning this system provided that whereas: "Particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own towns; therefore the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns; to grant lots and to make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders established by the General Court. They might also impose fines of not more than twenty shillings, and choose their own particular officers, as Constables, Surveyors for the highways, and the like." Evidently this enactment relieved the General Court of a mass of municipal details, without any danger to the powers of that body in controlling general measures of public policy. Probably, also, a demand from the freemen of the towns was felt, for the control of their own home concerns.
The New England colonies were first governed by a "General Court," or Legislature, composed of a Governor and small council, which court consisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders. They made laws, ordered their execution, elected their own officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations, and, in fact, transacted all the business of the colony.
This system, which was found to be eminently successful, became general, as territory was added to the Republic, and States formed. Smaller divisions were in turn inaugurated and placed under the jurisdiction of special officers, whose numbers were increased as time developed a demand, until the system of township organization in the United States is a matter of just pride to her people.
Let us now consider this topic in regard to the especial subject under review:—
On the acquisition of California by the Government of the United States, under a treaty of peace, friendship, limits, and settlement with the Mexican Republic, dated Guadalupe Hidalgo, February 2, 1848, the boundaries of the State were defined. This treaty was ratified by the President of the United States, on March 16, 1848; exchanged at Queretaro May 30th, and finally promulgated July 4th, of the same year, by President Polk, and attested by Secretary of State, James Buchanan. In 1849 a Constitutional Convention was assembled in Monterey, and at the close of the session, on October 12th, a proclamation calling upon the people to form a government was issued "to designate such officers as they desire to make and execute the laws; that their choice may be wisely made, and that the government so organized may secure the permanent welfare and happiness of the people of the new State, is the sincere and earnest wish of the present executive, who, if the Constitution be ratified, will, with pleasure surrender his powers to whomsoever the people may designate as his successor." This historical document bore the signatures of "B. Riley, Bvt. Brig. General U. S. A., and Governor of California; and official H. W. Halleck, Bvt. Capt. and Secretary of State."
In accordance with Section fourteen of Article twelve of the Constitution, it was provided that the State be divided into counties, and Senatorial and Assembly districts, while the first session of the Legislature, which began at San Jose, on December 15, 1849, passed, on February 18, 1850, "An Act subdividing the State into counties and establishing seats of justice therein;" which directed the boundaries of Mendocino county to be as follows:—
Beginning on the parallel of forty degrees of north latitude, at a point in the ocean three English miles from land, and running due east on said parallel to the summit of the Coast Range; thence in a southerly direction, following the summit of the Coast Range, and past Cache creek to Putah creek; thence following up said creek to its source in the mountain called Mayacmas; thence along the summit of said mountain to the head of Russian river; thence down the middle of said river to its mouth, and three English miles into the ocean; thence in a northerly direction parallel with the coast to the point of beginning. The county was attached to Sonoma for judicial purposes.
Prior to the first partition of the State into counties, the section now known as Mendocino had been included in the district of Sonoma, a division which had originated with the Mexican authorities during their power, and that included all the counties now lying west of the Sacramento river, between the Bay of San Francisco and the Oregon line; it had not been interfered with on the accession of American rule, but retained the official designation given to it by the Spaniards.
On April 11, 1850, An Act of the Legislature was passed organizing a Court of Sessions, which defined its composition as follows:—
The Court consisted of the County Judge, who should preside at its sessions, assisted by two Justices of the Peace of the county as Associate Justices, they being chosen by their brother Justices from out of the whole number elected for the county. The duties imposed upon this organization were multifarious. They made such orders respecting the property of the county as they deemed expedient, in conformity with any law of the State, and in them were vested the care and preservation of said property. They examined, settled, and allowed all accounts chargeable against the county; directed the raising of such sums for the defraying of all expenses and charges against the county, by means of taxation on property, real and personal, such not to exceed, however, the one-half of the tax levied by the State on such property; to examine and audit the accounts of all officers having the care, management, collection and disbursement of any money belonging to the county, or appropriated by law, or otherwise, for its use and benefit. In them was the power of control and management of public roads, turnpikes, fences, canals, roads and bridges within the county, where the law did not prohibit such jurisdiction, and make such orders as should be requisite and necessary to carry such control and management into effect; to divide the county into townships, and to create new townships, and change the division of the same as the convenience of the county should require. They established and changed election precincts; controlled and managed the property, real and personal, belonging to the county, and purchased and received donations of property for the use of the county, with this proviso, that they should not have the power to purchase any real or personal property, except such as should be absolutely necessary for the use of the county. To sell and cause to be conveyed, any real estate, goods, or chattels belonging to the county, appropriating the funds of such sale to the use of the same. To cause to be erected and furnished, a Court-house, jail, and other buildings, and to see that the same are kept in repair, and otherwise to perform all such other duties as should be necessary to the full discharge of the powers conferred on such court. Terms were ordered to be held on the second Monday of February, April, June, August, October and December, with quarterly sessions on the third Monday of February, May, August and November of each year.
Mendocino county was, by an Act of the Legislature, dated April 25, 1851, attached to Sonoma county for revenue as well as judicial purposes, and so remained until 1859, when an Act of the Legislature was approved March 11th, which provided for its becoming an independent county. While it was a part of Sonoma county, there were two townships in the county, viz.: Ukiah and Big River, the boundaries or limits of which are at the present time unknown. The southern boundary line of Mendocino county has always been the same as the northern line of Sonoma county, hence we give below the description of that line. April 25, 1851, an Act of the Legislature defined the northern boundary line of Sonoma county as follows:--Beginning on the sea-coast, at the mouth of Russian river, and following up the middle of said river to its source in the range of mountains called Mayacmas; thence in a direct line to the northwestern corner of Napa county. It will be seen by the above, that Mendocino county at that time contained much more territory than at present. By the act of March 11, 1859, the boundary line between the two counties was established along the Gualala river, and has remained so ever since.
We now come to the consideration of Mendocino county proper. March 11, 1859, and Act to define the boundaries and provide for the organization of Mendocino county was approved, and became a law. This Act reads as follows :—
The people of the State of California, represented in Senate and Assembly, do enact as follows :
SECTION 1. Mendocino county is bounded as follows : Beginning at a point in the Pacific ocean three miles due west of the mouth of Gualala river; thence east to the middle of the mouth of said stream and up the middle of the channel of said stream two miles; thence in a direct line to the most northern and highest peak or summit of the Redwood mountain, immediately north of Cloverdale and Oat valley; thence due east to the western boundary of Napa county, on the summit of the Mayacmas Ridge; thence northerly and easterly along the west and north boundary of Napa county to the western boundary of Colusa county; thence northerly along the western boundaries of the counties of Colusa and Tehama to a point on the line of the fifth standard north of the Mount Diablo meridian; thence along the said standard parallel, due west, to a point in the Pacific ocean three miles west of the shore; thence southerly, parallel with the coast to the point of beginning.
SEC. 2. There shall be an election held for county officers and the location of the seat of justice of Mendocino county on the first Monday in May, eighteen hundred and fifty-nine, at which election the qualified voters of said county shall choose one County Judge, one District Attorney, one County Clerk (who shall be ex-officio County Recorder and Auditor), one Sheriff, one County Surveyor, one County Assessor, one Coroner, one County Treasurer, and three Supervisors. (April 8, 1859, an amendment to this section was approved providing for the election of a County Superintendent of common schools).
SEC. 3. Joseph Knox, Flave Nally, Harry Baechtel, George Brown, and Jacob Heiser are hereby appointed Commissioners to designate, provided they shall deem it necessary, additional precincts to those already established within the county of Mendocino, for said election, and to appoint the inspectors and judges of elections for the various precincts of the county, to receive the returns and to issue certificates of election to the persons receiving the highest number of legal votes for the different offices, and to declare which place is the legally elected county seat. In all other respects said election shall be conducted according to the laws now in force regulating elections in and for the State of California.
SEC. 4. Said Commissioners shall meet at Hall's house, in Cold Spring valley, Ukiah township, on the second Monday in April, eighteen hundred and fifty-nine, and, after having been duly sworn by an officer competent to administer oaths, to well and truly perform their duties, shall designate precincts if, in their opinion, others than those already established are necessary, and appoint an Inspector and two Judges of election for each precinct in the county. The Commissioners shall appoint one of their number as president, and one as clerk, who shall keep a record of their proceedings, which record shall be deposited in the County Clerk's office so soon as the clerk shall have entered upon the discharge of his duties. A majority of said Commissioners shall at all times constitute a quorum for the transaction of business.
SEC. 5. The said Board of Commissioners shall, after designating the precincts of the county, and appointing the judges and inspectors thereof, give notice of such precincts, and officers of election by notices posted at each of the precincts, ten days previous to the day of election.
SEC. 6. Sealed returns from the officers of election of the several precincts, may be delivered to any qualified member of the Board of Commissioners. Said Board shall meet at Cold Spring on the Monday subsequent to the day of election; and the returns shall then be opened and read, and under their direction and in their presence, a tabular statement shall be made out, showing the vote given at each precinct of the county for each person, and for each of the offices to be filled at the election, and also the entire vote given for each person, and the office which each one is voted to fill. The statement then to be made out by such Board, shall be signed by the President and Clerk. They shall also count the vote for the county seat and declare the result.
SEC. 7. As soon as the statements and certificates are made out by the Board, the President shall declare the result, and immediately make out and send or deliver to each person chosen a certificate of election, signed by him as President of the Board of Commissioners of Election and attested by the Clerk.
SEC. 8. Each person elected shall qualify and enter upon the duties of his office within ten days after the receipt of his certificate of election. The person elected as County Judge shall qualify before the President of the Board of Commissioners of Election. Persons elected to other offices of the county may qualify before the said President, or before the County Judge.
SEC. 9. The President of the Board shall transmit without delay, an abstract of said election returns to the Secretary of State, and retain the original returns until the Clerk shall qualify, when he shall file the same in the Clerk's office.
SEC. 10. The County Judge chosen under this Act, shall hold office for four years from the first day of December, eighteen hundred and fifty nine, and until his successor is elected and qualified. The other officers elected under this Act shall hold their respective offices for two years from the first day of December eighteen hundred and fifty-nine, and until their successors are elected and qualified.
SEC. 11. The courts authorized to be held by the County Judge of Mendocino county shall be held all at the same time, viz.: Commencing on the first Monday of each of the following months, viz.: February, May, August and November, provided that the County Judge may call and hold special terms of the Probate Court, and Court of Sessions, whenever the public interest may require it.
SEC. 12. The County Judge of Mendocino shall receive as a compensation for his services, fifteen hundred dollars per annum, to be paid quarterly; the
District Attorney shall receive six hundred dollars per annum, to be paid quarterly.
SEC. 13. The Supervisors chosen under this Act shall hold regular meetings for the transaction of county business at the county seat, on the third Monday of each of the following months, viz.: February, May, August, and November; two special terms and no more, may be held within the same year, at the call of the President of the Board. The Supervisors shall be chosen in three different townships in the county. Their compensation shall be twenty cents for every necessary mile traveled in going from their residences to the county seat to attend any regular meeting of the Board, and returning; also each member of the Board shall be allowed five dollars per diem during the session of the Board.
SEC. 14. Mendocino county shall be and remain a portion of the Seventh Judicial District. The District Judge shall hold one term of his court in Mendocino county on the third Monday in November, eighteen hundred and fifty-nine, and in every year thereafter two terms, viz.: on the third Monday in July and November.
SEC. 15. Hereafter, one of the two members of the Assembly allowed by law to Sonoma and Mendocino jointly, shall be elected from Mendocino county, and one of said members shall be elected from Sonoma county.
SEC. 16. Beverly Mundy of Sonoma county, Jesse Whilton of Napa county, and Upton Gordon of Marin county, are hereby appointed Commissioners to go into Mendocino county and select two sites which they shall deem the most suitable sites in said county for county seat; after having made their selection as directed they shall report the same in writing over their proper signatures, to one of the Commissioners of Election for Mendocino county, on or before the second Monday in April eighteen hundred and fifty-nine.
SEC. 17. Said Commissioners of Election shall cause to be posted at each precinct in the county, a notice of the selections made by the Commissioners for the location of the county seat at least ten days before the election; said notice shall plainly designate by name and description each site so selected; of the two sites so selected, the one receiving the highest number of votes shall be the legal county seat of Mendocino county.
SEC. 18. The Commissioners for the location of the county seat, shall before entering upon the discharge of their duties take an oath, before some officer authorized to administer oaths, that they are not personally interested in the location of the county seat; that they will faithfully and impartially perform the duties required of them by this Act.
SEC. 19. The compensation of said Commissioners shall be six dollars a day, for the time necessarily required to make such selections, and traveling from and back to their residences, not to exceed twenty days, which shall be paid out of the first moneys received into the treasury of Mendocino county.
SEC. 20. If the Commissioners appointed for the location of the county seat, under this Act, or a majority of them fail to act as authorized, then the place which shall receive the highest number of votes for county seat, at the election to be held under this Act shall be the county seat of Mendocino county.
SEC. 21. For the purpose of adjusting the affairs of the two counties upon just and equitable principles, John Short is hereby appointed a Commissioner on the part of Mendocino county, and John Hendley the part of Sonoma county; said Commissioners shall meet at Santa Rosa on the fourth Monday in May, eighteen hundred and fifty-nine, and then and there make a thorough examination of the financial condition of Sonoma county, viz.: Her property, funds, dues and indebtedness, and make a fair, just and equitable apportionment of the same between the counties of Sonoma and Mendocino; and for the purpose of carrying into effect any settlement that said Commissioners shall make for and between the said two counties by virtue of this Act, the County Auditors of said counties are hereby authorized and required to draw their warrants on their respective County Treasurers in accordance with any order received by them from the hands of said Commissioners. All orders from said Commissioners to the County Auditors of said counties shall be in writing, attested by an officer authorized to administer oaths.
SEC. 22. If the said Commissioners shall disagree upon any matter touching the adjustment of the affairs of the said counties, they may refer such differences to the Judge of the Seventh Judicial District, or to any one upon whom they may mutually agree, and the decision of such referee shall bind them. Should the said Commissioners of Adjustment fail or refuse to act as authorized by this Act, then the Board of Supervisors of the respective counties shall each appoint a Commissioner to fill such vacancy.
SEC. 23. If it shall appear to said Commissioners that Mendocino county is justly entitled to any part of the revenue collected under the assessment roll and poll-tax list of the year eighteen hundred and fifty-eight, they shall so award, declaring what amount, and the time and manner of its payment by Sonoma county to Mendocino county.
SEC. 24. Said Commissioners shall be allowed reasonable compensation by the respective county, authorities for their services.
SEC. 25. All laws or parts of laws in conflict with this Act are hereby repealed, so far as the same are in conflict with the provisions of this Act.
In accordance with the provisions of the last sections of the above Act the Commissioners named therein, John Short and John Hendley, met, and on the 14th day of August, 1859, John Short, Commissioner for Mendocino county; filed the following report with the Board of Supervisors of said county :--
UKIA CITY, August 14, 1859.
To the Honorable the Board of Supervisors of Mendocino County----
GENTLEMEN: Having been appointed by an Act of the Legislature of the State of California, entitled "An Act to Define the Boundaries and provide for the "Organization of Mendocino County," to act as Commissioner on the part of Mendocino county, to adjust the affairs and settle the indebtedness existing between Sonoma and Mendocino counties, and having, in accordance with said Act, duly performed and discharged said duty, I beg leave most respectfully to present to your Honorable body the accompanying duplicate copy, giving forth in form and matter the settlement made by me for, and on account of Mendocino county. It will be seen by reference to said document that the Auditor of Mendocino county has been authorized to draw his warrant on the Treasurer of said county in favor of Sonoma county for the sum of one thousand one hundred and fifty-seven and sixty one-hundredths dollars; and that the county of Sonoma transfers to Mendocino the entire delinquent tax list for the year 1858, amounting to the sum of $4,647.09, three-fourths of which, in the opinion of the Commissioner, may be collected before the expiration of the current year.
Very respectfully,
J. R. SHORT,
Commissioner on the part of Mendocino county.
The joint report of the Commissioners, which was filed with the Board of Supervisors as a part of the above, was as follows :-
STATE OF CALIFORNIA,
County of Sonoma. SS:
In the matter of the adjustment of the accounts and settlement of the affairs of the counties of Sonoma and Mendocino, under an Act of the Legislature of the said State, providing for the same, approved March 11, 1859, wherein John Headley was appointed Commissioner on the part of Sonoma county, and John Short on the part of Mendocino county, in pursuance of the provisions of said Act we, John Hendley and John Short, met at Santa Rosa, in Sonoma county, on the fourth Monday in May, 1859, and then and there agreed upon the following basis of settlement of affairs of said counties :
1st. It is agreed that the assessment roll for the year eighteen hundred fifty-eight be, and is hereby assumed as a basis upon which said counties shall settle, in proportion to said roll for the respective counties, each county to share in all public property on hand, and be charged with the outstanding debt, including such accounts as were audited by the Supervisors of said counties at their meeting, held May 2, 1859.
It, therefore, appearing from "an examination into the financial condition of Sonoma county ":
1st. That the public debt of said county amounted, on the second day of May, A.D. 1859, to the sum of $18,260.81.
2d. That the public property amounted in value to the sum of $11,000.
3d. Budd & Pinkham vs. Sonoma county, yet pending, $2,450.
4th. The amount in the county treasury to meet said suit was $411.97.
5th. That there were owing and due said county on account of delinquent taxes for the year 1858, the sum of $17,893.57.
It was therefore agreed by and between said Commissioners:
1st. That the county of Mendocino shall pay one-eighth part of such judgment as may be obtained against the county of Sonoma in said suit less the amount of $411.97.
2d. That the county of Sonoma shall be entitled to the amount clue for delinquent taxes in Sonoma county for the year 1858, amounting to the sum of $13,245.42, and that Mendocino county shall be entitled to the amount due Mendocino county for delinquent taxes for Mendocino county for the year 1858, amounting to the sum of $4,647.09, each county taking upon itself the responsibility of collecting the same.
RECAPITULATION.
Total debt of Sonoma county $18,260.81
Value of public property 11,000.00
MENDOCINO COUNTY DR.
To one-eighth of debt $2,532.60
MENDOCINO COUNTY CR.
By one-eighth of public property $1,375.00
Balance due Sonoma county $1,157.60
Signed this 26th day of May, A. D. 1859.
JOHN SHORT,
Commissioner on the part of Mendocino county
JOHN HENDLEY,
Commissioner on the part of Sonoma county.
NOTE.—It is the intention of said Commissioners that the delinquent taxes due on all property in Mendocino county in 1858, shall be and are hereby given to said county, and that all taxes due on property situated in Sonoma county shall be, and are hereby given to Sonoma county, and that the transfer of the delinquent tax roll for Mendocino county for the year 1858; shall be made by Sonoma county in such manner as may be deemed just and proper by the District Attorneys of the two counties.
JOHN SHORT.
JOHN HENDLEY.
This report of the Commissioners was accepted, and the settlement between the two counties undertaken on this basis. From time to time extension of time for the collection of the delinquent tax was obtained from the Legislature, until under date of February 21, 1862, we find the following spread upon the minutes of the Board of Supervisors :‑
"Ordered, that the District Attorney of Mendocino county be empowered to make a settlement with said Sonoma county regarding the amount to be paid by said Mendocino county to said Sonoma county as per settlement between the Commissioners of the said counties, authorized by the Act of 1859, organizing Mendocino county. That said settlement shall be made in such a manner that the amount to be paid to said Sonoma county shall not exceed the sum of $272.60, reference being had to the delinquent tax list of Sonoma county transferred together with the settlement of the said Commissioners, and that the Auditor of this county be authorized to draw a warrant on the County Expense Fund, not to exceed the amount of $272.60, as amount in full of such settlement between the said counties, on the application of the District Attorney of Mendocino county."
It would seem that this order did not have the desired effect, as under date of November 22, 1862, the following is spread upon the minutes of the Board of Supervisors :‑
"Now comes J. B. Lamar as Attorney for Sonoma county, and William Neely Johnson, appearing in behalf of Mendocino county, by consent this matter to be laid over till the 13th of December to enable the said Mendocino county to produce a certain tax receipt showing the payment of the taxes for the year ending March 1, 1859, on a certain property as assessed, on the delinquent list transferred to this county in the settlement made under the Act of 1859, organizing Mendocino county, to Captain J. B. Ford, agent Mendocino saw-mills, the same having been the matter at issue between the said counties on the settlement, and that a special meeting of the Board be called for the transaction of said business, and that the Clerk of the Board be authorized to correspond with the proper persons regarding the same."
On December 15, 1862, the matter again came up before the Board of Supervisors for consideration, and evidently their action in the premises at this time was final, from the fact that no more mention is made of the subject in the entire minutes of the Board. The following is the record of that date:‑
"The communication and original tax receipt for taxes paid on the Mendocino saw-mills for the year ending March 1, 1859, having been received from J. B. Ford as agent for said mill, whereby it appears that the sum of twelve hundred dollars was paid as amount of taxes on said property for the said year; the said tax receipt was, therefore, presented in settlement of the demand of said Sonoma county against said Mendocino county, the tax on said property for said year having been transferred to the county (of Mendocino) as being due and unpaid by the said Sonoma county, in the settlement made between said counties as appears by the papers on file therein; and by said tax receipt found to have been paid, and the said tax receipt haying been duly presented to J. B. Lamar, Esq., as Attorney for said Sonoma county, and by him duly refused;— wherefore the said settlement was then and there dismissed on the part of Mendocino county on the grounds that by the production of said receipt, the demand held by Sonoma county against Mendocino county was duly cancelled, and it is hereby ordered that the Auditor be notified not to draw any warrant for any amount on any fund in favor of C. L. Green as tax collector of Sonoma county or in favor of Sonoma county."
It would seem that out of the commission composed of Joseph Knox, Flave Nally, Harry Baechtel, George Brown, and Jacob Heiser, appointed and provided for in the Act of March 11, 1859, for the purposes set forth in the Act, only Joseph Knox and George Brown performed any of the duties so imposed upon them. It is not known now what causes led the other members of the commission to decline to serve, but that they did not serve would appear from the following Act of the Legislature approved April 15, 1859 :—
SECTION 1. The acts and orders of Joseph Knox and George Brown, performed, and made by virtue of their commissions as Commissioners of Election (for Mendocino county) on the second Monday of this present month of April, eighteen hundred and fifty-nine, are hereby ratified and confirmed, and declared to be of the same force and effect in law as if a majority of the Commissioners of Election had been personally present, and participated in performing said acts and making said orders.
SEC. 2. The said Joseph Knox and George Brown, or any two or more of the Commissioners of Election, appointed under the Act to define the boundaries and provide for the organization of Mendocino county, approved March eleventh, eighteen hundred and fifty-nine, are hereby declared to be a quorum for the transaction of business relating to their commission, and all acts performed and orders made by said quorum (as Commissioners of Election aforesaid), are and shall be of the same force and effect as those performed and made by three or more of said Commissioners.
The boundary lines of Mendocino county remained the same as provided for in the Act of March 11, 1859, until April 28, 1860, when the following change was made: Instead of the line extending "northerly along the western boundaries of the counties of Colusa and Tehama, to a point on the line of the fifth standard north of the Mount Diablo meridian," it was made to read "northerly along the western boundaries of the counties of Colusa and Tehama to a point on. the line of the fortieth parallel of north latitude," which would give to the county a considerable additional territory. The boundaries of the county have remained the same ever since.
From time to time trouble has grown out of the fact that the line between Mendocino county and Humboldt was not located definitely enough. In other words, the people living in the vicinity of the line were subjected to annoyance by being assessed in both counties, or attempts being made to assess them in that manner. At one time, Mendocino county was supposed to extend much farther north than what it really does, and the assessment roll included a great deal of property that has since been found to lie in Humboldt county. Several efforts were made to get the line surveyed out so that there could be no further mistake in the matter, but as the most of the route lay over chemissal mountains, and an undiscovered country, it was not an easy undertaking. The first mention made of it in the minutes of the Board of Supervisors, is under date of February 24, 1865, at which time it was ordered that J. H. Murray, County Surveyor of Humboldt county should be employed to establish the dividing line by setting up prominent landmarks on the high peaks along the route. The expense of the survey was to be borne jointly by the two counties.
Evidently nothing came of this, for if there had there would have been no need of the following order passed by the Board, February 28, 1872: "It is ordered that the Clerk of Mendocino county be requested to confer with the Board of Supervisors of Humboldt county, with a view to the appointing of two or more persons to act in conjunction with two persons appointed by the Board of Super visors of Mendocino county, to establish and mark out by natural landmarks, and others, an imaginary line between the two counties, commencing at a point on the fortieth parallel, as marked by a recent survey, for the purpose of facilitating the work of assessing the two counties."
This resulted in attaining the desired end, for on the 19th day of November of that year the report of W. H. Fountleny for the survey of the northern boundary line was filed with the Board of Supervisors of Mendocino county, and as no farther mention is made of any action in regard to the matter, it is evident that this survey was satisfactory to all parties. This line comes to the coast at Shelter Cove.
We now pass to a consideration of the Board of Supervisors as a body and to the legislative enactments which have any reference to them, and also certain acts of the Board which may properly be placed under this head. For this purpose we must go back to the days when Sonoma and Mendocino were, virtually, one county so as to be able to follow the matter up from incipiency.
From the period of the organization of the county until the year 1855, its affairs were controlled by the Court of Sessions, above mentioned, and a Board of Supervisors, the latter having certain functions not granted to the former. In the last named year a change had come o'er the governmental dream; the Court of Sessions was abolished, and an Act passed March 20th, entitled "An Act to create a Board of Supervisors in the counties in this State, and to define their duties and powers." For better reference the ninth section of the above Act is quoted in full : " The Board of Supervisors shall have power and jurisdiction in their respective counties. First, To make orders respecting the property of the county, in conformity with any law of this State, and to take care of and preserve such property. Second, To examine, settle, and allow all accounts legally chargeable against the county, and to levy for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county, as may be authorized by law provided, the salary of the County Judge need not be audited by the Board; but the County Auditor shall, on the first judicial day of each month, draw his warrant on the County Treasurer in favor of the County Judge for the amount due such Judge as salary, for the month preceding. Third, To examine and audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county, or appropriated by law, or otherwise, for its use and benefit. Fourth, To lay out, control and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be requisite and necessary to carry its control and management into effect. Fifth, To take care of and provide for the indigent sick of the county. Sixth, To divide the county into townships, and to change the divisions of the same, and to create new townships, as the convenience of the county may require. Seventh, To establish and change election precincts, and to appoint inspectors and judges of elections. Eighth, To control and manage the property, real and personal, belonging to the county, and to receive by donation any property for the use and benefit of the county. Ninth, To lease or to purchase any real or personal property necessary for the use of the county ; provided, no purchase of real property shall be made unless the value of the same be previously estimated by three disinterested persons, to be appointed for that purpose by the County Judge. Tenth, To sell at public auction, at the Court-house of the county, after at least thirty days' previous public notice, and cause to be conveyed, any property belonging to the county, appropriating the proceeds of such sale to the use of the same. Eleventh, To cause to be erected and furnished, a Court-house, jail, and such other public buildings as may be necessary, and to keep the same in repair; provided, that the contract for building the Court-house, jail, and such other public buildings, be let out at least after thirty days' previous public notice, in each case, of a readiness to receive proposals therefor, to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same; but no bid shall be accepted which the Board may deem too high. Twelfth, To control the prosecution and defense of all suits to which the county is a party. Thirteenth, To do any and perform all such other acts and things as 'may be strictly necessary to the full discharge of the powers and jurisdiction conferred on the Board.
During the session of 1861-2 the Legislature passed a law for the organization of townships, regulating the powers and duties thereof, and desiring that the same should be submitted to the vote of the people. This law made each township a corporate body, the powers of which were vested in three Trustees, with the same or similar powers as those had by the Board of Supervisors. A similar set of officers were to be elected for each township, to perform the duties thereof, under this law, as were elected for the whole county, with the exception of a County Judge, District Attorney, and Sheriff. Each township became in all important affairs a county, with county powers, county officers, and county expenses. In the place of one tax collector and one assessor, by this arrangement the county would have these officers for each of the townships, and the expenses of the county be increased eight-fold.
Upon the organization of Mendocino county it naturally fell into the channels of government which were prevalent at the time in other counties; hence at the first election, held on the first Monday in May, 1859, there were three supervisors elected, as provided for in the Act of March 11, 1859. The parties elected were : Daniel Miller, J. F. Hills, and O. H. P. Brown. Their first session was opened May 16, 1859, and Mr. Miller was called to the chair. Their first work was to divide the county into townships, and define and describe their boundaries, and designate them by name as follows :—
BIG RIVER TOWNSHIP.—Bounded on the north by the county line, on the south by the Mal Paso, east by the Coast Range, wed by the Pacific ocean; containing Noyo, Big River, and Albion precincts.
ARENA TOWNSHIP.—Bounded on the north by the Mal Paso; south by the south county line; east by the Coast Range; west by the Pacific ocean, containing Arena precinct.
ANDERSON TOWNSHIP.—Bounded on the north by the range of mountains dividing Anderson valley and Ukiah valley, to the Redwood mountains by the county line; south and west by the Coast Range; containing Anderson Valley and Nevada precincts.
UKIAH TOWNSHIP.—Bounded on the north by the third standard line; on the south by the line of Anderson township; on the west by the Coast Range; and on the east by the county line; containing Feliz and Ukiah precincts.
CALPELLA TOWNSHIP.—Bounded on the north by the line of mountains dividing Walker's valley from Little Lake valley ; east by the county line; west by the Coast Range; south by the third standard line; containing Calpella and Potter precincts.
LITTLE LAKE TOWNSHIP.—Bounded on the north by the county line; on the east by South Fork of Eel river; west by the Coast Range; south by Calpella township line; containing Little Lake and Long Valley precincts.
ROUND VALLEY TOWNSHIP.—Bounded on the north by the county line; east by the county line; south and west by the south fork and main branch of Eel river; containing Round Valley precinct.
From the above, it will be seen that there were originally in the county, seven townships and thirteen voting precincts. Since then, the lines of the townships have been so changed as to admit of two more townships, as follows:-----
SANEL TOWNSHIP.—May 24, 1860, the following entry was made on the minutes of the Board of Supervisors:--–It is ordered that a new township, known as Big Rock be established, bounded as follows: Commencing at the southeast corner of Mendocino county; thence north with the Napa county line, two miles north of A. P. Riley's ranch; thence southwest to the south end of Lake; thence south so as to leave Willard's and Knox's ranch in said township; thence to Alfred Higgins' ranch, so as to leave him in Ukiah township; thence southwest to Sawtell's, so as to leave him in said township; thence south to the Mendocino county line; thence east to the place of beginning.
The name of Big Rock was given to this township on account of the spur of mountain on the course of the Russian river, now usually called "The Lover's Leap." It is a bold, jutting head of solid rock, and is a prominent landmark for that township. Shortly afterwards—before the election in November—the name was wisely changed to Sand.
TEN-MILE RIVER TOWNSHIP.—This township was not established until May 7, 1873. The following is a transcript of the order of the Board of Supervisors which established it:—It is ordered that a new township be formed from a part of Big River township; commencing on the coast at a point on the north bank of Pudding creek, at the mouth of said creek; thence east, up the creek to where the same intersects the Little Lake township line; thence north, following the line of Little Lake township to the Humboldt county line; thence west, and along said county line to the Pacific ocean; thence down and south following the bank of the Pacific ocean to the place of beginning.
There is nothing on the records to show just how the county was divided into Supervisorial districts until 1860. February 21st of that year, the following division into districts was made:—
FIRST DISTRICT—Ukiah, Sanel, Anderson Valley and Nevarra precincts.
SECOND DISTRICT---Calpella, Potter Valley, Little Lake, Long Valley, Round Valley and Sherwood precincts.
THIRD DISTRICT—Noyo, Big River, Albion and Garcia precincts.
By an Act of the Legislature passed May 3, 1861, the regular meetings of he Board of Supervisors for Mendocino county were set for the third Mondays of February, May, August and November, but they could hold two special sessions during the year. Their compensation was fixed at five dollars per day and twenty cents mileage each way.
Previous to April 4, 1864, the Supervisors had been voted for only by the electors of the district which they represented, but on that date an Act of the Legislature was passed which provided that Supervisors should be voted for by all the electors of the county. This would seem to be a very strange proceeding, at least unusual, for in most counties in the State the former method obtains at the present time. It was claimed that this arrangement was put into operation for political purposes, but at this great removal from the time of the order it is impossible to get at the true impelling motives. The candidate for the office had to be a resident of the district from which he wished to he elected. This Act provided for the election of one Supervisor each year and that they should hold the office for a term of three years. This was an excellent plan, and one that has ever worked to advantage wherever tried.
No further changes occurred in the manner of electing the Supervisors, their times of meeting, terms of service, etc., until April 1, 1878, when a Bill passed by the Legislature provided for several new features. Following is a transcript of the Act of that date:
SECTION 1. The county of Mendocino shall consist of five Supervisor districts, composed as follows: The townships of Anderson and Sanel, shall constitute the first Supervisor district; Ukiah and Calpella, the second; Little Lake and Round Valley, the third; Ten-mile River and Big River the fourth, and Arena the fifth.
SEC. 2. The Board of Supervisors shall consist of five members, one of whom shall be chosen from each of the Supervisor districts of the county, and shall be a resident of the district from which he is elected. They shall be voted for by the voters of the entire county. They shall hold office for the term of two years, or till their successors are elected. Each member shall receive a salary of three hundred dollars per annum, paid quarterly, in the months of February, May, August and November, and the same mileage as is now allowed. Within twenty days from the passage of this Act the County Judge shall appoint one Supervisor for the first district and one for the fifth.
In accordance with the provisions of the above Act of the Legislature, providing for two more members of the Board of Supervisors, the County Judge
appointed C. P. McGimsey for the first district and Neils Iverson for the fifth. Since that time there has been no changes in the Board or its affairs.
We will now consider the courts of the county. As will be remembered, we stated above that originally the entire supervisorial as well as judicial labor of the counties fell upon the shoulders of the Court of Sessions until 1855, when the Board of Supervisors was established for each separate county to perform the labors that naturally came into their department of the county economics, but that Act did not do away with the Courts of Sessions, nor their judicial duties. From time to time their duties were prescribed and we may say also proscribed, until the Court of Sessions performed duties very similar to that of the District Judge under the late regime. An Act of the Legislature, approved April 12, 1859, set forth the rules that should regulate all the courts in Mendocino county. It was as follows: The Court of Sessions, County, and Probate Courts, in and for the counties of Sonoma, Marin and Mendocino, shall be held at the same term, viz.: commencing on the first Monday in the months of February, May, August and November of each year, provided, that the County Judge may call and hold a special term of said court whenever the public interest may require it; and at all terms of said court, the business pertaining to the Court of Sessions shall first be disposed of and after that the business of the County Court and Probate Court, in the order in which they are named. This order shall be observed as a rule of procedure only, and after the business of one court is disposed of, the business of the other may be taken up on the same day in such order as the Judge may determine.
April 25, 1860, an Act of the Legislature was passed, establishing the terms of all the courts held in Mendocino county. The context of the Bill was as follows:—
SECTION 1. The District Judge shall hold three terms of his court annually in the county of Mendocino, to-wit: on the third Monday of each of the following months, viz.: March, July and November of each year.
SEC. 2. The County Court and Court of Sessions for the county of Mendocino shall be held, commencing on the first Monday of each of the following months: March, May, September and December of each year.
SEC. 3. The regular terms of Probate Court for Mendocino county shall convene on the third Monday of each of the following months: March, June, December and September.
The terms of the different courts of the county remained in accordance with the above schedule for the following four years, when, on April 4, 1864, a change was ordered by an Act of the Legislature, which was as follows: "The regular terms of the County and Probate Courts in and for the county of Mendocino, shall commence on the first Monday in March, June, September, and December of each year." In 1866 another change occurred, and on January 11th of that year a Bill was approved as follows: "The time for holding the District Court in the county of Mendocino is hereby changed, so that the same shall be holden on the second Monday of April, third Monday of July, and the first Monday of November of each year."
As soon as the county government was organized, and business for the county had to be transacted, it became necessary to have some suitable building as a place to perform such necessary business, also a proper place for the detention of criminals; hence we find in the records of the Board of Supervisors at their first meeting the following order: "The second story of the building known as the 'Musical Hall' in Ukiah City, ordered rented at twenty-five dollars per month for county officers and county purposes until further ordered by this Board." All old settlers will well remember this building, as it was one of the prominent landmarks of Ukiah when the business part of the town was down on Main street. It stood just north of the present site of Mr. John S. Reed's dwelling, and very nearly on the site of the new hall erected by that gentleman in 1880. It was a wooden structure with rough boards placed in an upright position for siding. The upper story was a rough arrangement, but answered the purpose of offices for awhile, as that was the best quarters obtainable in the town.
Under date of August 18, 1859, we find that the Board of Supervisors ordered that sealed proposals for a new Court-house and jail be solicited. These bids were opened September 19, 1859, and in pursuance to this we find that the contract for the construction of these buildings was awarded to E. Rathburn for the sum of $6,000. It was ordered by the Board that the Court-house and jail be erected in the middle of the plaza, and that the Courthouse be thirty-five feet wide. The plans and specifications of these buildings were not engrossed upon the minutes of the Board of Supervisors, hence we are unable to give a particular description of them, suffice it to say that the Court-house was of brick, arranged somewhat as the present one is. The buildings were completed so as to be accepted by the Board on the 24th of January, 1860, and immediate possession was taken of them.
It would seem that the quarters of the jail became inadequate to the demand made upon them quite soon, for on the third day of September, 1864, the Board ordered that the sum of five hundred dollars be expended for a new jail, to be built in the rear of the Court-house and jail then standing. This addition to the room of the jail seems to have proved sufficient for all purposes until the erection of the new Court-house and jail, but it would seem that the building was not really a secure place of confinement in the original condition, for under date of November 24, 1866, the Board appropriated five hundred dollars for the purpose of putting iron cells in the jail. Indeed the Grand Jury's report of September 23, 1864, called the attention of the Court to the fact of its unsafe condition in the following language: "We have examined the jail and find that it is no jail at all. We are satisfied that it is useless to lodge criminals in it, as several escapes have recently been made." The order for iron cells was afterwards modified, so that all the money was put into one large cell, which is now the cell in the upper story of the present jail. The old citizens of Ukiah will remember what a time was had in getting that cell up from Petaluma, as it was before the days of railroads, and all freight was brought through from the above-mentioned place on large wagons. The cell arrived there in mid-winter, and it was a long time before the condition of the roads would permit the teamsters to make the trip through to Ukiah.
There came a time at last when the county buildings became altogether too small for the purposes required, and had to be supplanted by more capacious structures. The offices, not any too large at first, had had their limits encroached upon from year to year by accumulating records and documents, until it became an absolute necessity to have more room. Another great and proper motive that incited action in that direction was the pressing need of a fire-proof receptacle for all the records and documentary matter of the county. Realizing all this the Board of Supervisors on the 5th day of December,1871, passed the following order: "It is hereby ordered that the plans, specifications, and detailed plans for the building of a Court-house and jail in Ukiah City, Mendocino county, be received at the Clerk's office of Mendocino county, up to the third Monday in January, 1872, at 12 o'clock, of that day, for which plans so adopted the Board will pay two hundred dollars; reserving the right to reject any or all of the plans. The cost of erecting the same by any of the said plans is not to exceed forty thousand dollars.'' The vote in the Board, on the adoption of the above order stood as follows: T. W. Dashiel and W. J. Hildreth, yes, and W. A. McFarland, no. The following order was then passed by the Board: "It is ordered that the Clerk of this Board make and transmit to our Representative in the Assembly, a copy of the draft of the Bill this day adopted by the Board providing for the erection of county buildings, and be it—
Resolved, That our Representative in the Assembly, and our Senator from this district be, and they are hereby respectfully requested to use their endeavors to have said Bill passed by the present Legislature."
In compliance with the above resolution the passage of the Bill was secured, and was approved and received the Governor's signature, January 18, 1872. This Bill provided for the issuance by Mendocino county, of bonds to the amount of forty thousand dollars, which bonds were to be of the denomination of five hundred dollars each, and should. bear the rate of nine per cent per annum principal and interest payable only in gold coin of the United States, principal payable at any time within twenty years at the election of the county; bonds to be signed by the Auditor, and countersigned by the Treasurer to be valid.
Under date of January 15, 1872, it is recorded in the minutes of the Board of Supervisors, that the Board proceeded with the examination of the several plans submitted for the erection of county buildings, and after duly examining and considering the same, those proposed by C. A. Pettit, Esq., were awarded the preference, and were ordered to be filed for adoption, provided the action of the Legislature should be such as to justify the Board in so doing.
By January 24, 1872, the Board had been informed of the action of the Legislature as mentioned above, and in accordance with the provisions of that Act ordered: "That the Auditor procure the necessary blanks for bonds, and interest coupons for the issuance of the bonds of the county to the amount of forty thousand dollars, under the Act of the Legislature for the erection of county buildings, and issue the same under date of February 20, 1872. Ordered further, that the District Attorney draw a contract for the erection of said buildings in accordance with the plans and specifications adopted by the Board."
It would seem that a change came suddenly over the Supervisorial mind in regard to the matter, for on March 19, 1872, it is entered in their minutes that—"all bids heretofore received are rejected, and the plans and specifications also rejected." Three days later, however, their mood was changed again and the sunlight of approval shed a radiant effulgence upon them, for on the 23d of March the minutes of the Board bear the following testimony: The Board adopted revised specifications made by A. P. Petitt. The following facts and figures relating to the dimensions of the Court-house, are taken from the specifications mentioned above. The extreme length of the building is one hundred and eleven feet; the extreme width through the center is seventy feet. The front end is forty-nine feet, and the rear end forty-five feet and six inches in width; the height of the building is thirty-seven feet from the ground-line to the top of the cornice, and from thence to the top of the dome thirty-four feet, making the total height seventy-one feet. The first floor is four feet above the ground-line, and to the second floor thirteen feet from the first, and to the ceiling of the second-story, from the second floor, sixteen feet. The foundation walls are all made of concrete, and are laid two feet below the ground-line; are four feet six inches for the outside walls, and for all partition walls the concrete foundation wall is one foot below the ground-line, and two feet wide. The brick for the walls are of the best quality, the outside course being pressed. The outside walls are twenty-two inches in thickness, while all the partition walls are one foot. All the offices and the hall of the first floor of the Court-house are wainscoted to a height of four feet. The cornice is what is known as the "bracket," and is very elegant. Gas-pipes are laid in all the rooms, and sewers and wastage-pipes lead to all sinks and closets in the building. All the materials used in the construction of the building were of the best quality. The framing timbers were of Mendocino fir and pine. The jail is situated just in the rear of the Court-house, in fact is a part of the same building. The floor of the court of the jail is made of concrete; the size of this court is sixteen by eighteen feet; there are four iron tank cells on the lower floor, each four feet wide by eight feet long and eight feet high; up stairs there is one large iron tank cell, the one which was used in the old jail.
On the 24th day of April, 1872, the contract for the new county buildings was awarded to A. P. Pettit, they to be completed by January 1, 1873, for the fulfillment of which contract he was required to give bonds in the sum of thirty-five thousand dollars. He was to receive the sum of thirty-eight thousand four hundred and ninety-nine dollars in county bonds for the work, payable as follows: Eight thousand dollars when one-fourth of the work was done; eight thousand dollars when one-half of the work was done; eight thousand dollars when three-fourths of the work was done, and the remainder when the buildings were completed and accepted by the Board of Supervisors. W. E. Willis was appointed as superintendent of construction. The Bill as it was passed by the Legislature required that an iron fence be constructed around the building, but from some cause or other that provision was never complied with and the city of Ukiah, in later years put up the present very tasteful fence and has also done all that been done so far towards ornamenting the grounds. The order of the Board was that the front of the new Court-house should be towards the east, and fifty feet back from State street, and that the building should be located in the center of the plaza, north and south. The contents of the corner-stone of the old Court-house were ordered to be placed in the corner-stone of the new. While the buildings were being erected the county offices were removed to the upper story of Hoffman's store on the corner of Perkins and State streets. The old building was disposed of and torn down. The old jail was purchased by I. Isaacs for the sum of $115.00, on the 13th day of March, 1873. It was continued in use until the new one was completed.
The new building affords ample room for all the required needs at present and will for many years to come. The lower floor has a main hall extending westward from the front entrance to a transverse hall which extends north and south through the rear of the center of the building. On the north side and opening out of the main hall are the Board of Supervisors' room, and the Clerk's office, and to the south are the Treasurer's and the Recorder's offices. On the east side of the transverse hall, and on the north side of the main hall is the District Attorney's office and on the south side of the main hall is the office of the Superintendent of Schools. On the west side of the transverse hall is the Sheriff's office and the jail, the entrance to the latter being only through the former. Two wide flights of stairs lead up from either side of the main hall to the upper story. Here, at the east end of the building, is a very capacious and neatly-arranged court-room, with jury-rooms, and witness retaining-rooms off from either side of it. On the north side of the building are the Assessor's offices and the Judge's chambers, while on the south side is the Grand Jury room, with doors leading to the upper story of the jail so that prisoners can be brought from the jail to the Grand Jury room unobserved, and thus the utmost secrecy can be maintained concerning the action of the jury. Taken altogether this is one of the handsomest and best-arranged county buildings to be found in the State of California, and certainly does great credit to the people of Mendocino county.
From time to time the Legislature has given the Board of Supervisors authority to levy special taxes for county and other purposes. The first Act of that character was approved April 13, 1859, which gave them the right to levy a special tax of thirty-five cents on the one hundred dollars for county purposes. The first rate of taxation ever fixed by the Board was one dollar and sixty-five cents on the one hundred dollars. Since then, the rates have varied according to the demand for means, ranging from one dollar and seventy-five cents upwards.
October 23, 1863, as W. H. Tainter, Sheriff of Mendocino county, was crossing Elk creek, a small stream about eight miles south of Nevarra, he was accidentally drowned, and on January 15, 1864, an Act of the Legislature was approved granting the authority to the county to hold a special election to fill the vacancy caused by his death.
By an Act of the Legislature, approved April 1, 1864, Mendocino county was placed in the Third Congressional district, and has since remained in it, although a new district has been created since then.
March 28, 1868, an Act was approved granting to Mendocino county five more Notaries Public.
An Act approved March 30, 1868, established the legal distances from Ukiah as follows: To Sacramento City, two hundred and twenty-five miles; to Stockton, two hundred and twenty-one miles, and to San Quentin, one hundred and ten miles.
The Governor signed a Bill on the 8th day of January, 1872, making the offices of County Clerk and Recorder separate in Mendocino county. From the organization of the county the Clerk had been ex-officio Recorder, but the duties of the office had increased so much that it was impossible for one man to attend to all of them. The first Recorder elected took possession of his office on the first Monday in March, 1874.
By a Statute of February 29, 1864, the Treasurer was made ex-officio Tax-Collector, and provision was made for the addition of one-half of one per cent on the one hundred dollars to his former salary, to compensate him for the extra duties this additional service would entail upon him.
Transcribed by Kathy Sedler.