MEMORIES: MY SEVENTY-TWO YEARS IN THE ROMANTIC
COUNTY
OF YUBA CALIFORNIA
BY W. T. Ellis
with an introduction by Richard Belcher
EUGENE: THE UNIVERSITY OF OREGON
PRINTED BY JOHN HENRY NASH
1939
Copyright, 1939, by W. T. Ellis, Marysville
DEDICATED TO MY OLD HOME TOWN MARYSVILLE
CHAPTER CI
Water Conservation Project Referendum Election in December 1933
AFTER many years of investigation, surveys and close studies, entailing an
expenditure of about one million dollars, the Water Conservation Plan for the
State was formulated, for the conservation, development and distribution of the
water resources of California. The plan was investigated and received approval
by the Chief of Engineers of the United States War Department in June 27, 1933;
by the United States Bureau of Reclamation on July 7, 1933 and by the United
States Senate Committee on Irrigation and Reclamation in February 1933. In
formulating the plan, assistance was also rendered by boards of consulting
engineers and by University of California economic, agricultural and irrigation
experts. After a careful study of the Report, I came to the conclusion that it
was a very excellent program; that there was immediate need for some portions of
the plan but that eventually, as necessity demanded, other portions of the plan
would also be carried out and, as the future development of the State,
particularly agricultural development, would be limited only by its water
supply, that it would be only a question of time before all the plan was
eventually carried to completion.
What impressed me greatly were the results which could be accomplished by the
construction of the Kennett Dam. It would assist in flood control, salanity
control, restore navigation to Red Bluff (and incidentally, partially to
Marysville), seepage with resultant higher underground water table, and
competition with power companies with resultant cheaper power. Many realized the
fact that it would be good business to store for summer use, some of the immense
amount of water which was permitted to go to waste to the ocean during winter
months but few realized the amount of such waste; few persons knew that the
Sacramento River drained twenty counties in California while the Mississippi
River drained thirty-one states; yet the discharge in the Sacramento River in
the 1907 flood was 600,000 second feet which was one third of the greatest flood
discharge of the Mississippi River. Again, it was estimated that seventy-five
per cent of the State's water ran to waste each year and during the summer
months, water was badly needed; in the lower end of the San Joaquin Valley, over
200,000 acres of highly developed lands were now waste because of lack of water
and another 200,000 acres were gradually getting in the same condition; in the
Santa Clara Valley the water table had dropped so low that water was difficult
and expensive to obtain and in our adjoining County of Sutter, wells were being
dug deeper for more water supply and salt water had commenced to make its
appearance in some of these wells.
The plan was brought before the Legislature in 1933 and was approved, the
combined vote of the Senate and Assembly being 81 votes for adoption and 26
votes against adoption. Just previous to its adoption, an amendment had been
added to provide for a power transmission line, from the Kennett Dam to Antioch
to permit of convenient distribution of electrical energy to load centers
traversed thereby, or capable of service therefrom. Up to this time the “power
trust” was complacently looking on, anticipating the time when the Kennett Dam
and Power House were constructed and they would then step in and without any
investment, except for some additional distributing system, contract for the
power developed and absorb same into their system, but this amendment raised
their ire, they foresaw competition and immediately a fight was promised.
This culminated in a special referendum election to be held in the State on
December 19, 1933, to give the people an opportunity to express their approval
or disapproval to the project. I made up my mind that I would get behind the
project and render it whatever assistance I could.
The first “local gun” to be fired against the project was an editorial in the
Appeal-Democrat of July 27, 1933, and in which was stated that “it is to be
noted that Senators W. P. Rich of Marysville and Senator Charles H. Deuel of
Chico, both leading spokesmen for the Sacramento Valley in the Senate, opposed
the Central Valley Water Project in the Senate,” etc. (In fact, the [then]
Lieutenant Governor, Frank F. Merriam, had Senator W. P. Rich write the argument
against the project, which was sent to each elector in the State when sample
ballots were mailed out.) As there was so much misinformation and
misunderstanding about the project and the proposed plan of partial financing by
means of a “grant” from Federal funds in the interest of navigation and flood
control, the balance to be financed by revenue bonds, which would not be any
lien on real property in the State, I replied to this editorial under date of
August 24th with an eight page letter, giving all the true facts and the
benefits to be derived, etc., in the hope that our local paper might see that it
was in error, but without results. About that time, a Mr. A. G. Athern, a San
Francisco lawyer, became very active in circulating propaganda against the
project throughout the State; he apparently had unlimited funds at his disposal
and there was conducted a deliberate and vicious campaign of misrepresentation;
many small newspapers were apparently “bribed” with expensive advertisements and
even banks were “bribed” by having large deposits made with them by the power
companies and no interest demanded on same. It soon became quite generally
understood that Mr. Athern was representing the “power trust” in his campaign.
To combat this, a State Water Plan Association was formed, with headquarters at
Sacramento with Mr. Bradford S. Crittenden of Stockton as President, Mr. I. N.
Inman of Sacramento as Vice-President and Mr. P. D. Nowell of Tulare as
Secretary. Funds were raised by donations from various people, firms and
corporations from all over the State, speakers were engaged to appear at various
places, much literature was circulated and an energetic campaign of truthful
information and education started.
Personally, I made up a mailing list for my own use, covering members of Boards
of Supervisors, City officials, newspapers, Chambers of Commerce, members of the
Legislature, Farm Bureaus and Grange organizations, etc., throughout the State
and of course, a large number of people of Yuba and Sutter Counties as well as
Butte and Yolo Counties. I had circulars printed from time to time giving
reasons why they should vote in favor of the Water Conservation Legislation; I
mailed out thousands of these circulars and expended about $800 of my own money
in so doing; I was determined, if possible, to have Yuba County at least make a
favorable showing.
Locally, Senator Rich, Senator Deuel, and Assemblyman Frazier were out
campaigning against the project, making speeches at many places before service
clubs, farm bureau meetings, etc., and I made an effort to follow them up at
these same places making talks and combatting their arguments and showing the
misinformation which they were disseminating. For about two months, I had
engagements at various places in the surrounding counties and as most of these
meetings were held in the evening and some were at quite long distances, my
night sleeping hours were cut rather short. I had many amusing and interesting
experiences, particularly on several occasions when I had to debate the matter
with some speaker opposite the stand I was taking.
My circulars appeared to “go over” well; the Chairman of the Campaign Committee,
wrote me, saying, “You have certainly put up a grand battle and I know that
every one associated with our fight is for you a million. If we had more like
you, there would be no doubt of the result.” They also offered to reimburse me
for my expense but I declined, explaining that in my circulars I stated that I
was editing my circulars and circulating them at my own expense. Attorney
General U.S. Webb on December 18th wrote me stating, “The results of tomorrow's
election cannot this evening be told, but I wish to express to you my
appreciation and obligation as a citizen of California for the splendid work
that you have done in the advocacy of the Central Valley Project Act. You have
rendered herculean service at your own cost, and if the project wins, to you, in
a large degree, will be the credit, etc.” Congressman Clarence F. Lea at
Washington was on my mailing list and on January 15th wrote, “yours have been
the best articles I have read on the subject, etc.” In Tulare County, where
there was tremendous interest in the project because of their water
difficulties, I had a number of persons on my mailing list and the Campaign
Committee wrote, telling me that they were reprinting my circulars and
broadcasting them through the mails. Mr. Pat Nowell was the Chairman of this
Tulare Committee and the publisher of the local newspaper; when he received my
last circular, he sent me a telegram stating, “If you ever want anybody shot,
just let me know, thanks.” Tulare County showed its interest by voting 17,535
“for” and only 520 “against”; as for Los Angeles County, as it was to receive no
works under the plan, it voted 105,756 “for” and 206,963 “against,” but
notwithstanding that fact, the State at large gave a safe vote in favor of the
project Act.
At the present writing, it is rather amusing to me, to see many of those who
opposed the project are now in favor of it but of course many of them are
politicians who “have their ear on the ground.” Their “alibi” now would be that
the financial plan at present is so much different; that now there will be no
liens of any kind on real estate in the State, which latter was one of their
misrepresentations made during the election, the actual fact being, that at that
time, the Federal Government proposed to make a “present,” called a “grant” of
$43,606,000 and the balance required, of $123,319,000 was to be obtained by the
sale of “revenue bonds,” the security to be only from the revenue from the sale
of water and power and the State Act provided that on the face of each bond a
recital that “neither the payment of the principal, or any part thereof, or any
interest, constitutes a debt liability or obligation of the State of
California.” The proposed plan of financing was exactly the same as the San
Francisco-Oakland Bay Bridge and other similar structures, dams, etc.
As for the Power Company, which was instrumental in having and financing the
referendum election, during the election period, they were broadcasting
statements that there were already too many power plants in the State; that
there would be no demand or market for the power which would be generated at the
Kennett Dam, etc. Since then, and within the last year, they are asking
permission to build six more power plants to care for the increased demand.
Their arguments before the election have turned out to be as unstable as a two
legged stool and now they are trying to cripple the future disposal of the
proposed power development at the Kennett Dam, by the construction of more new
power plants and so seriously interfere with the Water Conservation Plan.
Well, as I write this, the Kennett and Friant Dams are “on their way” for
construction, now backed by the Federal Government. Ultimately, as the necessity
requires, other dams in various parts of the State will also be constructed, as
called for in the general plan and again ultimately, possibly fifty years or
more, the entire project will be completed. In the meantime, the Sacramento
Valley will enjoy the first benefits from the construction of the Kennett Dam as
it will, with its storage capacity of 2,940,000 acre feet of water, give
salanity control in the lower reaches of the river; make possible again
navigation further upstream, to Red Bluff, as in early days; raise the
underground water table in large areas of the valley floor; cheaper power to
communities and also, furnish an additional factor of safety in that portion of
the flood control project which lies north of the latitude of Knight's Landing.
CHAPTER CII
Meeting of Hydraulic Miners Association in Marysville
ON APRIL 25, 1936, a rather unprecedented thing occurred. It was a meeting of
the California Hydraulic Mining Association in the City of Marysville. The
meeting had been arranged by some representatives of the Marysville Merchants
Association with the idea of discussing the proposal of having a concrete
restraining dam constructed by the Federal Government, about three-quarters of a
mile upstream from the Narrows on the Yuba River at Smartsville and obtaining
cooperation on the part of the people of Marysville.
The proposed plan contemplated a dam 237 feet in height, to cost about
$3,600,000, the funds to be advanced by the Federal Government, this including
an operation cost of $247,000 for that period of time. It was estimated that the
total sum advanced from the Government could be amortized in 20 years by the
storage of 118,000,000 cubic yards of debris at a cost of 3.89 cents per cubic
yard, bank measurement. The available gravel to be mined was estimated at
536,000,000 cubic yards. The expected gold recovery was estimated to average 19
1/2 cents per cubic yard (this at the new price of gold).
The discussion at the meeting was principally by the members of the Miner's
Association present, and while listening to the various speakers and in looking
at all those present, I realized that I was the only one present who had taken
an active part in the old hydraulic mining controversy, some fifty years ago,
all the rest had departed this life. My sense of humor also impressed me with
the fact, that if any of those old time anti-hydraulic mining colleagues of
mine, were in a position to realize that a meeting of hydraulic miners was
actually being held in the City of Marysville and that I was present at such a
meeting, that in all probabilities they would “turn over in their graves” in
protest. When I was finally called on to give a talk, I reminded those present
of those thoughts which I had and then told them, I had prepared a written
statement to make to them, so that there would be no misunderstanding afterwards
as to what I had said and no misconstruction arise. I then read to them the
following statement:
“1. The Judge Lorenzo Sawyer decision of 1884, in the United States Circuit
Court, did not declare that hydraulic mining was illegal, but it did state that
the dumping of the by-products (debris) from hydraulic mining into the rivers
was illegal and that was what the valley interests were contending for; we never
objected to hydraulic mining itself and do not now, but when we observed with
much trepidation the filling of the rivers, resulting in immense loss and damage
when the rivers overflowed, not only their banks, but also the levees which we
were compelled to construct, and observed also, for example, the bed of the Yuba
River at Marysville raised 26 vertical feet, we felt we were justified in taking
action and the Judge Sawyer decision approved our action.
2. In proof of the above statement that we did not object to the hydraulic
process of mining itself, but only to the dumping of debris into the rivers,
might I not call attention to the fact, that in 1893, when the Caminetti act was
adopted by Congress, placing the control of hydraulic mining and the licensing
of hydraulic mining under the control of the California Debris Commission (as it
is today), that since that time, 1,163 licenses have been so issued to mine by
the hydraulic process and 60 mines are now licensed and in every case, published
notice has been given by that commission on each application, giving anyone an
opportunity to appear and make any protest, but the valley interests have never
in one single case ever appeared to make any protest, we feeling at all times,
that the California Debris Commission would be fair to both sides and impartial
in their decisions; and remember, that the Caminetti act was a creation of the
hydraulic mining interests and not by the valley interests.
3. In view of the above statements, we of the valley, if we are to be
consistent, have no right to make any objections to the mining interests to plan
for the rehabilitation of hydraulic mining and the attempt to obtain a loan of
Federal funds to finance the construction of dams to restrain debris from the
rivers, provided:
(a) That any dams so constructed will be substantially built and on plans first
approved by State and Federal authorities; also that the dams are to be approved
by State and Federal authorities as not in conflict with the State's water
conservation plan.
(b) That some plan be made for the perpetual care and maintenance of such dams,
because, assuming that the dams were constructed, and in following years the
storage area behind them largely filled with debris, mining then cease, the
Federal funds loaned having been repaid and possibly no available income to be
had from generation of power to provide for proper maintenance, we would then be
placed in the position of always having a very dangerous menace “hanging over
our heads,” which would not inspire confidence and would retard development, as
an uncared-for dam, largely filled with debris would be a greater menace than an
uncared-for dam filled only with water, for reasons which should be obvious to
any average layman as well as to any hydraulic engineer.
(c) It must be remembered that the American, Bear and Yuba rivers are torrential
streams and attain a great velocity. The Yuba River at the narrows near
Smartsville, under the present conditions and with a maximum flow of over
110,000 second feet, attains a bottom velocity of perhaps 14 feet per second. If
a dam should be built at or near the narrows to a height of say 220 feet with a
crest of about 800 feet, the velocity at the crest would be possibly 10 feet per
second, which is sufficient to carry debris of a very coarse nature, so to avoid
possible future difficulties, the amount of debris to be stored behind the dam
should be controlled within rigidly prescribed limits. I believe that these
communities are interested only in the proper and safe restraining of debris,
which might have a filling effect on the rivers and are not interested in
'discolored water,' but these latter things do occur, even in the mountain area,
such as the Kneebone case at Bridgeport, about three years ago, and the P. G. &
E. case at Auburn, about a year ago, and which a Federal permit to mine has no
control over.”
CHAPTER CIII
If the Hydraulic Mining Debris Dam is Constructed Near Smartsville, Will the
Charge for Storage Repay the Government for its Investment and Can the Mines
Afford to Pay the Storage Charge
I AM NOT going to attempt to answer the question; I will, however, call
attention to an article, printed in the Marysville Appeal on January 16, 1884,
which article was copied from the Grass Valley Tidings and which is as follows:
“That gold in the ground of the old river channels must come out. There is too
much of the metal for which all the world is hungry in that ground for idleness
to sit on the hills that cover the old river channels. Water has for the last
many years been doing most of the digging up on those old river channels, and
water did not eat food or wear clothes. It is said that men will now be put to
work in several of the mines in which hydraulic nozzles have been at work, and
the men of course will have to be supplied with things that water never used. If
this is true the future working of the deep gravel mines will give a better
market for food and clothing products, and for transportation, than has been the
case for many years. The only question is, will the mines pay when they are
worked by human drifters in the place of the tearing-down hydraulic machines?
Some of those mines will so pay and some will not. The Derbee drift mine,
adjoining the North Bloomfield, has paid. It is said that very much of the North
Bloomfield can be drifted with more profit to the owners than could be worked by
the hydraulic process. The same of the Milton Company's ground at French Corral.
Indeed it is asserted that the North Bloomfield has run behind, during its years
of hydraulic workings, in the sum of $1,700,000 on its water account alone. And
so water, it seems, while working cheaply, costs big money to those employing
it, and at the same time demands but little of the products of the farm and the
factory. Therefore we expect that, as soon as the matter can be fully looked
over by the mine owners, there will be many drift enterprises inaugurated in
that part of Nevada County that we call the Ridge. The most useless and
unprofitable cry one can indulge in is that over split milk. No matter who
caused the spill, don't cry, but go to work and milk another cow. Drift the
gravel mines.”
Another article, printed in the Appeal on January 12th as having been copied
from the Grass Valley Tidings, was a follows:
“The Blue Tent Hydraulic Mining Company are deeply involved financially and have
stopped operations. It is reported that the Blue Tent owes the California Powder
Company $70,000, and is without a dollar to meet the demand. It is said the mine
has been sold recently for $15,000 and purchased by one of the creditors with
the expectation that the Powder Company would pay the purchase price and take
the mine. But it is understood that the Powder Company has all the claims
against the Blue Tent it wants. This mine is owned by foreign capitalists, who
will probably lose a large amount of money in their investment.”
Drift mining, however, has always been largely neglected, but the advance in the
price of gold has of late attracted capital to that method of mining.
Under date of September 24, 1937, James D. Stewart, had an article in the
Sacramento Bee on drift mining and its possibilities. Mr. Stewart's article
mentions some past history of drift mines as follows:
“Read the history of the Bald Mountain drift mine in Sierra County, of Harold T.
Power's operations of the Hidden Treasure at Sunny South, of Harry Simond's
steady stream of dividends from the Morning Star at Iowa Hill, of the fortunes
paid to Columbus Waterhouse from the Big Dipper mine at the same place, of the
Midas hoard that Ah Tia wooed from Browns Hill near You Bet after white miners
had, as they thought, taken the cream, and of the Indiana Hill operation by the
writer's father, James Stewart, near Gold Run.
“These are but high spots in profitable drift operations and yet wiseacres and
timid souls will say that no more such spots exist.
“The writer believes that fabulous stores of gold still are to be won from
California's drift mines if capital will employ competent engineering talent and
spend its money in new and unexplored fields instead of listening to Aladdin
stories from promoters' lips.
“The expression that California's gold fields have scarcely been scratched is
hardly correct. They have been scratched; what is needed is deeper exploration.”
Referring again to the question as to whether the Federal Government will ever
receive its money back for the cost of the proposed dam near Smartsville, by
charging possibly three or more cents per cubic yard for such storage, (the
actual price to depend upon the cost of the dam) then, in my opinion, even
though the Federal Government did not eventually get all its investment back,
still the use of Federal funds exclusively would be justified, as I will now
attempt to show.
We opposed both the Cloudman and the Seawell Bills because of their proposal to
have the State go into “partnership” with a private industry; that if it was
logical for the State to build dams so that hydraulic mining could be operated
behind such dams, then it was logical for the State to construct buildings to
house a hardware business, a dry goods business, a furniture business or a
garage business; I mention these four lines of business as there were some
“prominent” business men in those lines in Marysville who were favorable to the
proposed legislation. Now that this proposed legislation is “dead” and the
Federal Government is going to advance all the funds for these dams on an
amortization plan, the Federal Government has reasons for so doing which the
State did not have, inasmuch as the Federal Government owns the navigable rivers
and not the State, and the Federal Government no doubt now realizes that such
dams will not only permit of the storage of a controlled amount of new mining
debris, but (and this is important), these dams will also hold back from the
Federal Government's navigable rivers, a vast amount of very old mining debris
in the upper reaches of the rivers and which has gradually been “on its way” to
the lower reaches of the rivers and would eventually all reach the navigable
rivers in time, but with these dams constructed, great quantities of this old
debris will be restrained and impounded, thereby resulting in a saving in annual
expense of removing bars and shoals, necessary to maintain navigation. When it
is remembered that the California Debris Commission, after a very close
investigation stated, that there are “nearly 620,000,000 cubic yards remaining
lodged in the river beds and mine dumps in the mountains and in the large
deposits built up at the point where the mountain streams enter the valley,” it
can readily be seen that the Federal Government has a very direct interest in
the construction of these dams for the preservation of navigation on its (not
the State's) rivers, particularly as the Federal Government, when advancing the
necessary funds, to construct these dams, hopes to have such cost returned under
an amortization plan from new debris storage???? (These interrogation marks will
be explained in another chapter.)
CHAPTER CIV
My First and Only Law Suit
IN 1915, I had control of about 320 acres of first class bare land situated four
miles north of Marysville. At that time viticulture and horticulture were
exceedingly profitable and I decided to embark in these lines. Many other
business men in Marysville did the same, generally to their regret.
Knowing nothing of the technique, I looked about and finally secured the
services of L. J. Fallon. I gave him instructions to use his own judgment and
plant about 50 acres of Thompson Seedless grapes and 50 acres of prunes. I will
say that he did a first class job, was a good manager and stayed with me until I
disposed of the property twelve years later. The place was fully equipped in
every way but had required more money than I had estimated for development, so I
looked about for additional funds.
We had a mortgage on the Ellis Block in Marysville at that time of $40,000 and a
mortgage on the ranch of $25,000. Our first crop of raisins sold for 18 1/2c per
pound and two years later the first crop of prunes brought excellent prices. I
was optimistic and arranged with the Hibernia Savings & Loan Society of San
Francisco to refinance us, taking up the outstanding mortgages and accepting a
mortgage on our property for $125,000, with the understanding that we should
make a payment each year of $5000 on the principal until it was reduced to
$100,000 and we need thereafter make no further payments unless agreeable to us.
The interest was to be paid monthly, which was entirely acceptable to us, in
view of the fact that our gross income from the business property in Marysville
was about $3000 per month.
When production at the ranch reached its peak, prices commenced slowly to
decline. The construction of the new Hotel Marysville started an up-town
business move; our tenants either moved or demanded lower rents and the big fire
in the Ellis Block was demoralizing. The approach of the “great depression” of
'29 commenced to be felt but, in the meantime, we had made our annual payments
of $5000 and the interest had been paid promptly each month. We had, in fact,
reduced the principal of the mortgage to $60,000, when one month we failed to
meet the monthly interest payment and I received a letter asking me to come to
San Francisco immediately. I did so and arranged to meet the interest payment
within two weeks. They then told me that the next time I delayed in the payment
“the matter will be placed in the hands of our attorneys.” The following month I
was again unable to meet the interest payment and received a notice from the
Bank's attorneys to come to San Francisco to see them. I decided against this
but sent a friend to make them a proposal that if they would “lay off” me for
twelve months, in the meantime, I would send them each month all the rents I
received from the property, less such items as janitor, gas, lights and water
and other bills for upkeep, and that if at the end of twelve months I could not
make arrangements to meet the monthly interest payments, I would deed the Ellis
Block over to them.
They demurred, but finally agreed. Their representatives came to Marysville,
looked over the property and informed me that they would recommend the
acceptance of my offer. Nothing was heard from them, but one day in October,
1931, their attorney, George A. Clough, Esq., appeared before the Superior Court
of Yuba County, Judge Mahon, presiding, and representing that the Ellis Estate
Co. owed the bank $60,000 balance and some taxes which had been paid by it, and
that the bank's interest was suffering, asked the Court to appoint a Receiver.
No one appeared to oppose this (as I had not been given any notice) and the
bank's request was granted, Mr. C. F. Aaron being appointed as Receiver.
The following day I learned what had happened and, being greatly surprised at
this action on the part of the bank, I consulted my attorney, Mr. Richard
Belcher, and he commenced proceedings for a hearing before the Court to
discharge the Receiver. This was held on November 27, 1931; we had the testimony
of three local bankers, the County Assessor and the City Assessor and they
agreed that the property was worth at least $100,000. I. C. Evans, at that time
the most prominent builder in the city, had made close estimates of the cost of
replacement of the buildings and had deducted for depreciation and obsolescence,
testified that the buildings alone without the ground value were worth at least
$100,000. I testified that we carried $81,000 worth of insurance on the property
and that we had paid for the policies and the policies were in the hands of the
bank as security.
After this hearing, the Court discharged the Receiver and the bank immediately
took an appeal and notified the tenants to pay no attention to the Court order
but to continue to pay their rent to the Receiver, which resulted in my
collecting approximately half of the rents for about fourteen months, and Mr.
Aaron's collecting the other half.
This litigation continued in its various phases until 1936, and went to the
higher Courts of the State five times. The decisions are reported as follows:
Hibernia Savings & Loan vs. Superior Court, 126 Cal. App. 397;
Hibernia Savings & Loan vs. The Ellis Estate Co., 216 Cal. App. 280;
Hibernia Savings & Loan vs. The Ellis Estate Co., 132 Cal. App. 408;
Hibernia Savings & Loan vs. Richard Belcher, 4 Cal. (2nd) 270;
Belcher vs. Aaron, 93 Cal. Dec. 90 (not yet permanently bound).
Explaining these actions, during its entire existence the bank had taken
mortgages rather than deeds of trust. These mortgages contained a power of sale
similar to that contained in a deed of trust. The bank attempted to sell the
property under this power of sale and also to carry on at the same time a
foreclosure suit with the idea that after the sale under the power, they would
be able to obtain a deficiency judgment in the foreclosure suit.
In addition to the above actions, we commenced an action to prohibit the sale
under the power of sale in the mortgage and ultimately received an order to that
effect, from which the bank did not appeal. We thought this was because of the
fact that, according to its own admission, they had forty-five million dollars
worth of mortgages containing this power of sale clause, largely in San
Francisco and Oakland, and such an injunction would have been extremely
embarrassing to it in these mortgages.
As a result of all this litigation the foreclosure sale under judgment was
postponed fourteen months, after which I had a year's right of redemption.
During the fourteen months, as I have stated, I collected a portion of the rents
and at the sale we demanded a sale in parcels, which would enable me to redeem
any one or more of the four lots covered by the so-called Ellis Block.
Unfortunately I was not able to so redeem any of them at the end of the 12
months. My attorney during all this litigation had done a large amount of legal
work and I had only paid him $200, which was much less than the actual costs, so
when the time rolled around for the judgment in the foreclosure suit, I had a
meeting of the Directors of the Ellis Estate Company and a formal resolution was
passed agreeing to turn over to him for his services all moneys which were
collected by the Receiver, while legally or illegally in charge of the property.
This amounted to about $2270. The bank commenced a suit (Hibernia Savings & Loan
vs. Belcher, supra) alleging fraud on the part of the Company and Belcher. This
was heard before the Superior Court and Mr. Belcher testified as to the services
he had rendered; the Superior Court held that there was no fraud and further
that the attorney's services were worth the sum paid by the company to him. The
bank appealed from this decision and the Supreme Court held that there was no
fraud and the Company was within its rights in making the assignment to
reimburse its attorney for his services, in view of the fact that it had no
other assets available to reimburse him.
During the five years litigation, The Ellis Estate Company won every suit
against it, but for lack of money lost its properties.
I, personally, had the satisfaction of collecting half the rents for fourteen
months and established the legal principle that the Estate Company was right,
and demonstrating that while the bank had for many years been foreclosing on
these mortgages with the unusual power of sale clause in the Bay area, it
required a country lawyer in one of the “cow counties” to determine that the Big
City Bank with a staff of high-priced attorneys was not as smart as it
considered itself to be. These suits were before four Superior Court judges,
about six Appellate Court judges and seven Supreme Court judges. The suits
attracted widespread attention and my attorney received a number of letters from
various parties throughout the State who had lost their properties through
foreclosure by the bank under this unusual sales clause, desiring information as
to how a country lawyer had outsmarted the Big City Bank.
I presume to this day, that the Hibernia Bank is under the impression that I
received a good portion of the few thousand dollars which was finally turned
over to me by Court order. Such is not the case, however, as I turned over to my
attorney, Mr. Belcher, the entire sum received in payment for his services, as I
had verbally agreed with him to do. I had reached the point where I was not
after any money, I just wanted my attorney to give this bank “all that was
coming to them” in the shape of litigation, and he certainly did so.
CHAPTER CV
Committee of Five
AFTER the big floods in the Mississippi River in April 1927 it was realized that
Congress would be “flood minded,” so I joined with others in the Sacramento
Valley in cooperating with the State Reclamation Board to obtain further funds
to complete the Sacramento Valley Flood Control project, knowing that Congress
would no doubt make liberal contributions to the Mississippi River area and we
stood a good chance also to obtain funds for California.
Major U. S. Grant III under date of January 5, 1925 made a report on the amount
of necessary funds which would be required to complete the project; this report
was sent to the Chief of Engineers at Washington, further information was
forwarded by the State Reclamation Board and the State Engineering Department,
the State's Senators and Congressmen were given necessary information and when a
huge appropriation was made for the Mississippi, it also carried an
appropriation of a million dollars a year for seventeen years, contingent upon
the State of California making a like contribution. Credit for this legislation,
so important to the State at large and the Sacramento Valley in particular, is
mainly due to Senator Hiram W. Johnson and Congressman Curry. Legislation was
introduced in the State Legislature to that effect, it was successful and a
contract entered into between the State and the Federal Government for the
completion of the Flood Control project.
The Federal Government's interests were to be looked out for by the California
Debris Commission, the State's interests were to be looked out for by the State
Reclamation Board, while the people's interests were to be looked out for by the
State Association of Reclamation Districts. This latter had a large number of
Directors, so at a meeting of that Board of Directors, the President Mr. W. T.
Spencer was directed to select a committee of five men to represent the
Association. Mr. Spencer selected George A. Atherton of Stockton to represent
the lower delta region of the river; Mr. J. A. Ashley of Woodland to represent
the Yolo Basin area; Mr. Jewell Boggs to represent the Colusa Basin area and
George E. Springer of San Francisco to represent Butte and Sutter Basins and Mr.
Spencer then asked me to represent the Bear, Yuba, Feather and American basin
areas. I told him that I could not do so, that the depression “had got me” and I
could no longer afford to give my time, as I had been doing for many years past.
Finally he contacted some of the reclamation interests about here; Mr. J. U.
Pearson, representing District No. 784 called a meeting at which were present
the Directors of District No. 10, No. 9, No. 1, No. 777 and No. 784. The matter
was discussed and finally I agreed to take the job when those Districts
represented offered to each put up $25 per month, making a total of $125 per
month to cover my services and expenses. As usual in such cases, some of the
Districts paid for a short time, others did not pay and for the next four years,
when I put in a lot of time and effort in this matter, I averaged $28.75 per
month, which did not pay my actual expenses; however, I was interested in such
work and had continued to serve.
When the money became available for this new work, I immediately made claim that
some of the first work performed should be in the lower end of District No. 784,
immediately north of Bear River and where an entirely new levee was to be
constructed. District No. 784 then was in financial distress and they had to
furnish the rights of way for the new levee; I called a meeting at my office of
the other Districts on both sides of the Feather River, explaining the
importance of having the work commenced on the Feather River immediately and the
benefits to be derived and the difficulty District No. 784 would have about
furnishing necessary rights of way and the insistence of the Government that all
work start downstream first and follow upstream. I recommended that all the
Feather River Districts voluntarily assess themselves $1763 per acre, same to be
paid by the several Board of Levee Directors and so raise about $20,000 with
which to purchase the first rights of way required, it being understood that the
Marysville Levee Commission would contribute in a proportional way. This plan
was agreed to and in April of 1930, the following sums were paid in:
County of Yuba
$ 500.00
Marysville Levee Commission
3,173.40
District No. 1 of Sutter County
5,289.00
District No. 10 of Yuba County
1,939.30
District No. 9 of Sutter County
2,644.50
District No. 777 of Sutter County 1,090.00
Farm Land Investment Company 1,876.65
Total
$16,512.85
These monies were deposited in the Bank of America to the credit of W. T. Ellis
and J. U. Pearson, and we paid same out for the following rights of way:
John and Ameda Frobar
$ 2,744.00
John D. Hutchinson
8,216.35
M. R. Hammon
1,500.00
C. F. Lily
2,488.50
E. M. Hammon
1,564.00
Total
$16,512.85
At the west side of the “Lake of the Woods,” there was an old levee break which
had never been repaired; to have it repaired, the estimated cost was $40,000, as
the new levee was to be on the east side of the Lake of the Woods and that new
levee was to be a much more substantial levee for District No. 784. After
considerable negotiations with Mr. Mortimer Fleishhacker, San Francisco banker,
and the Directors of District No. 784, it was arranged to have Mr. Fleishhacker
advance the monies for the Farm Land Investment Company's right of way
properties and also agree to advance the sum of $40,000, which sum would
represent the amount which would have been necessary to be expended, if the old
break in the original levee had been repaired by the District itself.
With these matters arranged for, work was commenced on building a section of the
new levee and in successive years, more work of raising the balance of the
levees on opposite sides of the Feather River, progressed where work was
necessary until (at this writing) the Feather River project is approximately 90
per cent complete. Our Committee was very active and we had many problems to
solve. On July 14, 1930 the Armour interests appeared on behalf of District No.
1500 and demanded that the levee Districts on the Feather River contribute not
only the rights of way but also 25 per cent of the cost of levee construction as
well, but when I reminded them that the State had contributed three million
dollars to the cost of the Sutter By-pass levees, which was mainly to their
District's financial benefit and that the State also had passed a law,
permitting the purchase of No. 6 assessment warrants and which were eventually
going to reduce their assessments about one-half, further, that when the Feather
River project was completed and the escape waters at Hamilton Bend in the Biggs
area were shut off, that they were going to have about 35,000 second feet less
waters at flood periods against their levee systems, they made no further demand
of that character. They then advanced the argument that there would not be
sufficient funds to complete the Feather River project and consequently, the
escape waters at Hamilton Bend would never be shut off and in this contention,
they had the backing of the Deputy State Engineer. I maintained to the contrary
and it was then suggested that I demonstrate that there would be sufficient
funds, which I agreed to do. This made it necessary for me to go over the entire
stretch of levees on the Feather River on both sides of the river; I took the
Government's profiles, divided the levees into sections, made estimates of the
cost for repairs for each section and finally with figures demonstrated to my
own satisfaction that the work could be performed with the allotted sums. At a
later meeting I presented this report, its correctness was questioned, so I
suggested that the entire Committee go over the ground and with the Engineers
check up on my estimates; they did so and came to the conclusion that my figures
were approximately correct; after that, no more attempts were made to force the
landowners to contribute 25 per cent of the cost of the Feather River levees.
Our Committee each year would formulate a budget of proposed expenditures at
various places and submit same to the Reclamation Board for their approval. One
of these budgets was objected to by the Reclamation Board and I was asked to
appear before the Board and show some good reason why I was obtaining so much of
the available annual monies for the Feather River area which I represented. I
had come prepared and demonstrated that the Feather River project was the most
important project of the entire plan; that there were nine reclamation districts
vitally interested, that these nine districts represented 213,733 acres, the
greater portion being more highly improved and more thickly populated than any
other portion of the entire project and when floods occurred, there was greater
financial loss to that area than any other area of the valley; the Board made no
further objections.
Our Committee of Five, had no official standing, it was simply the spokesmen for
the landowners and so, accorded the courtesy of making recommendations, which in
most instances were acted favorably upon. Our Committee also did very
considerable work during sessions of the Legislature, carefully considering any
and all legislation affecting reclamation districts. It was a “labor of love” as
we received no salaries, although I had been promised and had expected to
receive $125 a month as I have previously stated herein.
My experience has been, that there are so many people, who singly and
collectively will take a great interest in some public matter and then, when the
real work of “putting it over” commences, will say, “let George do it.”
Appreciation is very much like friendship; some years ago I was flattered by a
gracious lady who observed, “you seem to have so many real friends.” My ego
ballooned with the realization she was right and it struck me at the time how
unappreciative most of us are of the deeper meaning of friendship. Later on came
the “depression” and I took “a good licking”; this was then followed by a local
bank failure in which I had all my funds except about $75 in my office safe and
quite a large sum due my insurance companies, which I was then unable to pay. I
was in desperate need of a friend to whom I could turn in a full and revealing
confidence. My mind was flooded with names, but out of the turbulent array, I
was only able to salvage two who seemed to measure up to the requirements, and
they were out of town. I had about come to the conclusion that friendship and
appreciation were the greatest illusions in life, when my Secretary, Mrs. Jessie
Hafferty, whom I had told I would have to dispense with her services as I was
unable to pay her, told me she would work for me for nothing until I could again
afford to do so; I still think that was just about the nicest thing that ever
happened to me. We then wrote letters to our insurance companies, telling them
what had happened and asking what I could do about it. Then another nice thing
occurred, they all replied, telling me to continue to send them business and to
pay them whenever I could; they never sent me a “dun” although it took me a
couple of years to “square accounts” with them.
I had always been an optimist; well, after that experience, I continued to be
one and immediately modified my suddenly acquired view, that friendship and
appreciation were “the greatest illusions in life.”
CHAPTER CVI
Is the Flood Control Plan Designed to Safely Control Any Floods Which May Occur?
THE answer is, it does not. Proof of this statement is the following, quoted
from the adopted Flood Control Plan, as follows:
“It is considered advisable, therefore, by this Commission to provide capacity
for a flood of the extent and duration of that of March, 1907, or January, 1909,
and that provision for anything less would be not only unwise but
unjustifiable.” (See Page 99, paragraph 68, Extract from House Report No. 616.)
In other words, a flood discharge as in 1861-62 was not taken into account,
simply because, to have done so, the expense would have been prohibitive. It is
quite true, that in the carrying out of that project, some additions have been
made at some places, the heights of some levees have been increased somewhat,
also some of the weirs were lengthened, over what was originally planned, all of
which may have provided a small additional factor of safety, but, on the other
hand, on several rivers, in 1928, the estimated discharges of those rivers under
the plan, has been quite materially exceeded already.
Neither during the maximum floods of 1907 or 1909, or since then, did the
fishermen in San Francisco Bay frequently catch “freshwater fish for from two to
three months” after the floods had subsided; neither did the “entire surface of
the bay consist of fresh water, to the depth of eighteen to twenty inches”;
neither also, “for nearly a fortnight,” was “the stream on the surface
continuously flowing towards the Pacific (at the Golden Gate), composed entirely
of fresh water, the tide not affecting the surface flow,” and as described in
Chapter 62 herein. When is history going to repeat the occurrences of the flood
of 1861-62, which all Engineers will admit, had a vastly greater discharge than
had the floods of 1907 or 1909? No one can answer that question but some future
winter, it will no doubt occur.
While a substantial raise in a river is generally referred to as a “flood,” and
I also use the same term, in my own mind, I segregate “floods” as follows;--
“freshets,” “floods,” “maximum floods” and “super-maximum floods.” My definition
would be as follows:
A “freshet” would be say 50 per cent of a high water mark discharge of a river.
A “flood” would be say 75 per cent of a high water mark discharge of a river.
A “maximum flood” would be one which reaches previous high water marks and which
occurs about every twenty years or so.
A “super-maximum flood” is one which occurs about every seventy-five to one
hundred years, such as happened seventy-seven years ago in the Sacramento Valley
in 1861-62.
Most all large rivers of Europe and Asia have records of such “super-maximum
floods” for many centuries past and at such above mentioned long intervals.
In a previous chapter, I have stated that whenever there is a repetition of the
1861-62 floods, that after such a flood has subsided, it will be ascertained
that there were two dry spots in the Sacramento Valley and they were Marysville
and the Sutter Buttes, and I stand by that statement, provided that the same
close care and attention is kept in the future, as has been done in the past, to
the Marysville levees. From personal observation I believe that improper care
and neglect occurs in at least seventy-five per cent of the levee systems in the
Valley. It is criminal, how careless and neglectful some Levee Directors are.
After the last December flood (1937), I wrote the Reclamation Board, suggesting
that some law should be passed giving, either to the State Reclamation Board or
the State Engineering Department, general supervision over all levee districts
and with authority to have annual inspections made of all levee systems and a
report of such findings, criticisms and recommendations, be served on the Levee
Directors and also published in some local newspaper, for the information of the
public, all this expense to be a charge against each separate levee district. In
my opinion, only in this way, can the public be properly acquainted with the
neglect of duty of Levee Directors.
Returning to the subject of “super-maximum floods” and flood discharge, the
average layman does not realize the magnitude of flood discharge of the
Sacramento River and its tributaries. Just as a matter of comparison, the
following may be of interest:
Mississippi River has a drainage area of 1,100,000 square miles and a recorded
discharge at its mouth of 1,777,000 second feet
Missouri River has a drainage area of 527,000 square miles and a recorded
discharge at its mouth of 546,000 second feet
Columbia River has a drainage area of 237,000 square miles and a recorded
discharge at its mouth of 1,390,000 second feet
Sacramento River has a drainage area of only 26,000 square miles and a recorded
discharge at its mouth in 1907 of 600,000 second feet
It will be seen from the above, that the Sacramento River with about one-ninth
the drainage area as has the Columbia River, discharges almost one-half as much
water as does the Columbia, and unquestionably the discharge of 600,000 second
feet on the Sacramento River in 1907 was vastly exceeded in the winter of
1861-62.
CHAPTER CVII
Yuba County
YUBA COUNTY was founded on February 18, 1850; it was one of the original
counties founded and at that time included the present counties of Nevada,
Sierra, and a portion of Placer County. The area of the County now is 633 square
miles or 405,120 acres and roughly consists of about 150,000 acres of mountains,
150,000 acres of foothills and the remaining 105, 120 acres being valley land,
the greater portion of which is very productive soil, farm acreage having about
doubled since 1920, at the present time, there being 750 farms, about
seventy-five per cent of them being in the valley area.
In the valley area, the average precipitation over a 76 year period has been
18.69 inches, the rainy season being mainly from November to March. The absence
of rain during the summer months allows the curing of fruits, hay, etc., to
proceed without loss. The average mean temperature in winter is 50.1 degrees and
a mean summer temperature of 78.3 degrees; there are times when the thermometer
shows a reading higher than 100 degrees, but the dry atmosphere relieves the
heated conditions and the combination of ample precipitation in the winter, a
warm salubrious climate in the summer, is what “puts the blush on the cheek of
the peach and the sugar in the grape.” With this kind of a climate and where the
sun shines an average of 335 days in the year and people can work outdoors every
day, health is assured, and in this connection Yuba County claims the lowest
death rate in California per 1000.
With the soil and climate, an abundance of water for irrigation is provided, for
Yuba County is bordered on the north by Honcut Creek, on the south by Bear
River, on the west by Feather River, while the Yuba River and tributaries flow
through the center of the County and all these streams offer unfailing sources
of water. On farms, using pumps, it is seldom necessary to go as deep as 150
feet to reach an ample water supply. Electric power is in ample supply and some
of the irrigation companies furnish water for the season as low as $1.50 per
acre. There are about 700 miles of County roads of which about 150 miles are
well surfaced, the balance being mostly unimproved graveled roads, mainly in the
mountain area. In addition, there are about 25 miles of State controlled
highways, all paved. As for crops, they are diversified, consisting of
vineyards, orchards of all kinds, field crops of all kinds, also livestock of
all kinds and lumbering.
Yuba County stands forth in a bright light in the summary of business
improvement in California which shows that retail sales increased 59.5 per cent
in 1935 as compared with the depression bottom of 1933. This figure contrasts
with a statewide recovery of 38 per cent. The assessment roll of the County now
(1937) is $19,361,320 as compared with $15,710,195 five years ago.
Various School Districts in the County have a combined bonded debt of $245,000
but the County, as a County itself, has no bonded debt and has not had for about
forty years. The principal City in the County is Marysville with an assessment
roll of $7,182,030; and it also has no bonded debt. Both the City and the County
have a record to be proud of.
According to the United States Census report, Yuba County in 1930 had 548 farms
with an average size of 474 acres, but in 1937 the report shows that the number
of farms had increased to 750 with an average size of 401 acres.
Yuba County as a gold producer stood first in the State for many years and still
commands a leading position. In 1936 it showed a marked increase over 1935, the
production being 81,358 fine ounces of gold worth $2,847,530 this gold being
produced by eight lode and sixteen placer mines. In this same year Yuba County
produced 4,468 fine ounces of silver worth $3,460 the above being the report of
the Bureau of Mines and excludes itinerant prospectors, etc. In Yuba County,
about seven miles east of Marysville is the largest gold dredger in the world;
it cost about $750,000 and its bucket line digs 120 feet from the surface of the
water, which latter is about 15 feet below the natural surface of the ground.
During the 33 years of gold dredging in that field a total of twenty-one
dredgers have operated, producing about $75,000,000 in gold and this Company has
still proven up ground to operate on which it will take about another 25 years
to cover. The area mined and to be mined is about 95 per cent, being land,
mainly used for grazing purposes, with very low assessment values.
CHAPTER CVIII
Marysville as a Business Town
YEARS ago, when business men were curious to know how business in their home
town compared with business in some nearby town, the only way to get the answer
was to ask travelling men representing various lines of business; they kept
their finger on the “business pulse” of various towns which they visited and
their judgment was good. Many a time, we have heard such travelling men remark
that while orders were scarce or perhaps none to be had, when they got to
Marysville, they were always sure of good orders.
Now this is changed and the sales tax collections give the true story, and they
are interesting, as the following will show:
Sales tax collections for 1936:
Marysville $236,850.93
Chico 216,515.31
Woodland 136,842.87
Petaluma 134,478.75
Oroville 101,690.63
Red Bluff 79,417.80
Colusa 77,712.98
Roseville 69,530.57
As for automobile traffic between Marysville and Yuba City, on the bridge
crossing the Feather River and connecting the two towns, the following count,
taken by representatives of the State Highway Commission, showed as follows:
Sunday, July 12th, 1937 11,189 vehicles
Monday, July 13th, 1937 13,051 vehicles
Saturday, August 22nd, 1937 17,399 vehicles
The above on a count of sixteen hours duration.
Now compare this with a count of twenty-four hours duration on the new San
Francisco-Oakland Bay Bridge, which showed the following:
Average figures for traffic for the months of February, March and April, 1937.
Mondays 20,207 vehicles
Tuesdays 20,205 vehicles
Wednesdays 20,216 vehicles
Thursdays 20,236 vehicles
Fridays 21,978 vehicles
Saturdays 25,834 vehicles
Sundays 35,070 vehicles
CHAPTER CIX
Days of Forty-Nine Celebration
IN FEBRUARY 1930 there was held a “Days of Forty-nine Celebration” by Yuba and
Sutter counties, which proved to be a very much more successful event than had
at first been expected. For about a week previous to the celebration, scores of
people went about the streets all dressed up in regalia such as was customary in
1849, and in this way aroused public interest, so that when the celebration was
finally held, almost everyone was dressed in proper typical fashion, the women
being particularly attractive in their “hoop-skirts” and tiny bonnets, the men
not far behind with their high boots, woolen shirts, sombreros, heavy belts with
their “shooting irons” attached. The store windows were almost all given over
for the display of old time dresses, mining equipment, gold specimens, assorted
firearms, knives, etc., of every description; it was a revelation to me to find
that so much rare and valuable material was kept on hand in various homes, etc.,
and ever since then, there has been agitation for a museum, which I hope will
eventually materialize, where all these old time mementoes may be safely kept
and the public have an opportunity to view them.
Thousands of people were attracted to the celebration and the parade of old time
stage coaches, men on horseback, etc., was several blocks long. On the gutters,
near the sidewalks, crowds watched Chinese working sluice boxes on the main
street; throngs visited the “Eldorado Saloon” in a large store room on the main
street, which was fitted up with a long bar, dance hall, gambling tables of all
kinds; the drinks were “real” and so was the gambling “real” as the sales of
drinks and the profits from the gambling very materially assisted in paying for
the expense of the celebration.
The celebration was certainly a grand success and every one joined in the spirit
of recalling, “The days of old, the days of gold and the days of forty-nine.”
Marysville that day certainly demonstrated that at heart, she is yet, a real Old
California mining town.
CHAPTER CX
Just Some Warnings for the Future
1. The Marysville Levee Commission was created by an Act of the Legislature on
March 6, 1876 as a result of the flood experienced by the City in the previous
year. I doubt if there is any Commission in the State which has such broad
powers as this Commission, particularly as regards the borrowing of money and
the levying of taxes, when any necessity should arise; this power has never been
abused and it is important that it should always be retained. The Mayor and
Council, under its Charter “shall not contract any debt or liability by
borrowing money, loaning the credit of the City, or otherwise, which said
indebtedness shall at any time either singly or in the aggregate exceed the sum
of $10,000, EXCEPT FOR LEVEE PURPOSES.”
Of course, by a two-thirds vote at an election, a bond issue can be obtained
but, when it comes to just plain borrowing, the Mayor and Council are limited to
$10,000 but the Levee Commission, with the consent of the Mayor and Council, has
no limit placed upon it.
How does this work? Well take for example 1907 when we had a narrow escape from
a flood and it was important that this work of improvement be performed promptly
and be finished before winter set in. The proposed work was estimated to cost
about $80,000. Had we been limited by a levee tax rate, that would have been a
calamity except of course we could have submitted a bond issue, which ( IF it
carried) would have been a waste of valuable time. Under our powers, we
immediately started work, borrowed the money to pay for the improvements, had
the work completed before winter and that same year, levied a levee tax rate of
$3.25 and paid the bill. Two years later, in 1909, we did the same thing.
In 1935, two local individuals, one of whom had a personal animosity towards me,
secretly conceived the idea of having the Levee Commission abolished and the
management turned over to the Mayor and Council. I “got wise” to the scheme and
threatened to expose the plan to the public with the result that the plan was
dropped.
SO MY ADVICE AND WARNING IS, NEVER DISCARD THE LEVEE COMMISSION ACT.
2. Members of the City Council change every few years but in the last sixty
years, since the beginning of the Levee Commission, there have been exceedingly
few changes in the Levee Commission. It has always been an “unwritten law” that
the President of the Commission was the active manager and did the real work and
in the last sixty years, there have been five such “managers.” Just as long as
members of this Commission demonstrate that they are working harmoniously and
that at least one or two of them, demonstrate that they are always watchful of
the integrity of the levee system, KEEP THEM AND KEEP THE COMMISSION OUT OF
POLITICS. The City's levee is the most important and vital thing the City owns;
it also is the most costly thing the City owns, representing an expenditure of
over one million dollars.
3. The position of Levee Foreman is a most important one. During the 38 years I
have been connected with the Levee, we have had just three such Foremen, viz,
Michael Long, Frank Smith and Nels Nelson; the two first mentioned stayed in
turn until death overtook them; each of them not only felt “he had a job,” but
they realized the responsibility resting upon them and cared for the levee as if
they owned it themselves; they were dependable and proved their worth and the
present Foreman, Nels Nelson is doing the same thing. Right here I want to
state, that at times, when burning the grass from the levees in the Spring
(which is important to eradicate gophers) and clearing brush, etc., in the river
bottoms between Marysville and Yuba City (which is also important), additional
men are employed, but during the entire time I have been connected with the
levee, I have never personally hired or recommended a man to the Foreman for a
job. I have always held the Foreman responsible and he alone should have the
responsibility of hiring and discharging, and knowing this, the hired men
properly obey his orders and give value received in labor for their pay and
which might be otherwise, if they thought “they had a pull” with the Commission
and so be inclined to ignore the Foreman's orders.
4. Every levee cabin on the levee is equipped with shovels, sacks, twine, etc.,
also a telephone; about the first of every November, every phone is tested to
ascertain if it is in order. At Second and Willow Streets, there is a small iron
warehouse in which is kept a large quantity of sacks, shovels, lanterns and
other equipment and every November, every lantern is filled with coal oil;
everything is ready for instant use. These may sound like little things, but as
it is important for a fire department to be alert and use speed in reaching a
fire, just so should the levee's equipment be ready for instant use, when
required.
5. When floods occur, railroad companies and other levee directors (not so
prepared), frequently request the “loan” of such equipment; ALWAYS REFUSE THEM,
KEEP YOURSELF PREPARED; being prepared, saved the City a disaster in 1907.
“Eternal vigilance is the price of safety.”
CHAPTER CXI
Keeping Cool and How to Grow Old Gracefully
I PRESUME that this is a debatable subject with almost every one; should anyone
happen to peruse this, I have him or her at a disadvantage, because I will not
be present to get the other party's views.
As for keeping cool, there is one thing I never do and that is, I never look at
a thermometer in the summer time, because if I do, the darned thing is usually
about ten degrees higher than I think the temperature is, and I at once proceed
to feel just ten degrees warmer. I guess in the hot summer time, I am more or
less a Christian Scientist; I “deny” the heat and endeavor to think nothing
about it and keep my mind on other things.
Most doctors will tell you that feeling well in summer is largely associated
with the innumerable chemical and physical reactions taking place in body cells.
Each of us has a regulating apparatus which makes adjustments to varying degrees
of temperature, but of course we are not all alike and our friend of the
unwilted collar may be fortunate enough to have a mechanism more perfectly
adapted to extremes of heat than yours, but don't give up in despair. When the
heat waves shimmer from hot asphalt streets or dusty roads and hot buildings,
try and keep mentally cool; don't fret and fuss and watch that old thermometer
and keep saying to others, “gosh but it's hot and I can hardly stand it”; you
not only make yourself miserable but everyone around you as well. Just don't
work too hard, keep your mind occupied on other things and get plenty of
diversion and drink lots of water and if you perspire quite freely, take a
little salt in your water, it's a cure for heat prostration which the doctors
call the “Boulder Dam treatment” as a result of experiments conducted when that
dam was under construction and where the heat was quite intense. Above all,
however, watch your diet; much more food is required in the winter to generate
heat and keep the body at the right temperature, but in summer, your body's
furnace retains the proper temperature with less fuel; if you, however, insist
upon as much food in summer as in winter, you will pay with discomfort, if not
something worse. A great many women, in very recent years, have also found a way
to assist in solving the problem with a scarcity of clothes, both sensible and
even to some of us old fellows, attractive, but as for the men, well they
haven't had the temerity (as yet) of doing likewise, and they very likely never
will because the average man has bandy legs, and he knows it. Medical science,
according to one of our leading authorities, divides the life span into six
stages--infancy to three years; childhood, to twelve; adolescence, to twenty;
maturity, to fifty; middle age, to sixty-five and senility, from sixty-five on.
Well, personally, I do not agree or admit that senility begins at 65; there are
usually exceptions to every rule and I claim an exception and maintain that “a
man is as old as he feels,” still holds good.
And now, as to “growing old gracefully,” this is my formula:
1. Never worry, and don't take your business problems home with you.
2. Don't permit yourself to get excited.
3. Maintain a good sense of humor. I have had many controversies; generally the
other fellow got peeved or mad; I never did.
4. Be an optimist and when it comes to being an optimist, I have always
maintained that the only difference between an optimist and a pessimist is just
one cocktail, and as I have always made it a practice to have at least one
cocktail every day--presto--I am always optimistic. Mark Twain's definition of a
pessimist, was a fellow, “who, as between the choice of two evils, chose both of
them”; well, I never have had much use for a confirmed pessimist.
Advice is cheap and free, but all the above has been my practice and experience
and it has worked out fine with me--try it.
CHAPTER CXII
Conclusion
IT HAS been said that there are three kinds of people in the world; the “Wills,”
the “Won'ts” and the “Can'ts”; the first accomplish most everything, the second
oppose everything and the third fail in everything. I have always endeavored to
be in the “Wills” class; I have always tried to be a “doer,” and as a result, I
have had many a clash with the “Won'ts” and the “Can'ts” and at times, I have
been more than surprised when I found good substantial citizens arrayed in those
two classes; apparently some people have a lack of vision and others, who may
have good judgment in their own business affairs, seem to lack similar good
judgment in public affairs. They are outspoken in their criticisms as private
citizens, but let them be elected or appointed to some public position, they
immediately become timid and lose their nerve and aggressiveness; that has
always been an unsolved conundrum to me. The resultant “clashes” I have had with
the “Won'ts” and the “Can'ts,” have been at times hard fought battles. I have
never “pulled my punches” and at times, I have tread on sensitive toes, but I
have always endeavored to speak the truth and let the punctured egos fall where
they may, always viewing with particular impatience, those who have attempted to
make the public think they are, what I know they are not. (How little we know of
the unseen man; I mean the real man behind the mask and the form of the man we
see.)
In reviewing these many past years, it is naturally a source of considerable
satisfaction to feel that in all the “major engagements,” I have been not only
successful but that time has not demonstrated any errors of judgment. (To the
reader, this may be considered “bragging”; well, so be it, nevertheless, it is
the truth.) I might account for these results by saying, that I have never
advanced any plan or any policy until I had first investigated and studied it
from every angle in an effort to discover any possible flaws or errors of
judgment; once having made up my mind that I was correct, then I would adopt
Davie Crockett's advice of “Be sure you are right, then go ahead.” That many
times meant a “contest” and the harder the fight, the more I have enjoyed it.
Possibly this view of the matter was the result of my having been born on St.
Patrick's Day, which perhaps put some “Irish” in my blood and there is an old
saying that “every good Irishman loves a fight”; many times the other fellow got
mad; well, I never did; to me, “it was just another horse race.” As Mayor, Levee
Commissioner, member of the State Reclamation Board and County Supervisor, I
have often been accused of trying to “run things” and be “the boss,” all of
which was in every case an impossibility as in every one of these positions, I
have had other members to deal with and my one vote would never count, if the
other members were against me and, without their votes, my efforts would have
been as futile as a ball player's argument with the umpire.
I admit that I have been more or less a “lone wolf,” never having learned the
art of men's companionship, much preferring to work out my problems alone. No
one ever heard of me requesting assistance of committees to endorse or back up
any of my plans. In all the years I have been practically in sole charge of the
Marysville levees, I have never asked for or received any outside expert advice
as to how or where or when to do some job to checkmate some new problem advanced
from time to time by “Old Man River,” and there have been lots of them. Whenever
the rivers presented a new “crossword puzzle” to be solved, it was my job to
solve it and it was very satisfactory to me that no one seemed to have any
desire to “horn in” on my fun.
When floods have occurred in the past, some people would get very excited, some
would get just nervous, some would disclose some curiosity, but I guess that I
have always been the only one in Marysville who would anticipate the coming of a
flood with pleasure; what is the use of having a levee which you have worked on
if you do not have a chance occasionally to ascertain whether your works of
improvement have satisfactorily “out guessed” the old river's tricks and antics?
On several occasions, when a good flood was anticipated and perhaps a cold night
and sudden cessation of a storm, resulted in only a minor freshet, I have
oft-times been “kidded” by my employees for my look of disappointment.
For many years, I was engaged in the mercantile business but that never hindered
me from taking part in community affairs, holding public office and keeping in
touch with the day's events, with new discoveries and the world's exciting
trends. Doing such things possibly makes one more or less versatile and the
mental effects of versatility are as important as the economic. A man who knows
that he can do say five tasks and has done so repeatedly, even if only for fun
or by way of exercise, surely feels more secure when he loses the chance to earn
a living at one of the five; that was the way I felt, when one bank, during the
depression deliberately “broke” me, this being followed with a like experience
shortly after, when another bank, unintentionally also “broke” me, when I was
just commencing to “get on my feet” again. I immediately set about earning a
living “at the other three.”
I pity the fellow who does only one thing well; out of a job, he is just another
lost soul. There are some who cherish the false notion that there is only one
sunrise in each career--well, they just don't “use their heads.” Unfortunately,
there are a lot of people who live on “Easy Street” who never did anything to
get a location there.
I have often been told that I was a “darned fool” to give so much time to public
affairs; well, perhaps I have been a “darned fool”; perhaps I have given
possibly twenty-five per cent of my time to such matters; perhaps I would be
very much better off financially if I had given this outside time and effort to
my own personal affairs, but, what I have been, is more important than what I
have. There is one thing which the other fellow does not perhaps realize or
cannot understand, and that is, the pleasure, the entertainment and actual
relaxation from other things, which has been mine. I believe, that if I had my
life to live all over again, I would again be a “darned fool” and do the very
same thing over again; I have no regrets.
“The thing that counts when the night is near,
When the long, long race is run,
Is a conscience clear, and devoid of fear,
And a sense of duty done.”