Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-14
A LEMINISCENCE.
Concerning the Early Management of the

Concerning the Early Management of the
California State Prison.
The San Francisco Ereaing Bulletin. in
referring to the death of John f. McCauley,
gives the following interesting page of the
early history of the State in connection
with the management of the State Prison
In March, 1856, General J. N. Estill,
noted Democratic politician, took posses
sion OF the State Prison at San Quentin,
under contract of lease, with the Board
of State Prison Directors, for term of
years. the State to pay Estill $4,000 per
month. This " fat" job for the lessee was
expressly authorized by the Act of the Leg
isature of March 81, 1855. On May Is,
1857, Estill sub-let the prison, grounds, ETC.,
to McCauley, who continued in possession
up TO March l, 1858. Only four days prior
to the last date the Legislature passed an
Act which declared as follows The Gov
ernor of this State is hereby authorized
and empowered, and it shall be his duty,
by and through such agent or agents as he
may in his discretion appoint, to take i'm
mediate possession of the State Prison and
grounds, together with all the property of
the State therein situated, and to assume
the custody, control and management of
the State Prison convicts therein confined.
control of said convicts until further pro-
vided by law"
In prompt pursuance of this Act, the
Governor of the State, John B. Weller, ac
companied by the Lieutenant-G Governor,
Joseph Walkup, the Secretary of State,
Ferris Forman, and the Governors young
est son, proceeded to San Francisco on
Sunday, February 2S, 1858, and learning
that Mr.. McCauley was getting out an in
junction, the Governor and his party took
a Whitehall boat early next morning, and
rowed to San Quentin. The Governor per-
sonally demanded of the person in charge
the prison keys. They were not produced.
but an old guard stating that they were in
certain part of the prison, the door was
forced by order of the Governor, who gave
the keys to the guard referred to- and
placed him in charge. Another guard
withholding the prison seal, it was taken
from him by force. Just then McCauley
arrived from San Francisco, but did not in
terfere. The Governor Z" held the fort
that day and night, when, after having
been importuned for a pardon by every
convict, he turned his conquest over to
legislative committee arrived from the
Capital.
Mr.. McCauley brought suit in Justices
Court of Marin county against Weller,
of the prison and grounds, and for heavy
damages. The bucolic jury brought in a
verdict of = not guilty" but McCauley ap-
pealed to the County Court, and there OBJ
tanned Judgment for restitution of the
premises and personal judgment against
Governor Weller for $12,249 80, besides
$3.50 costs. On appeal by the Governor to
the Supreme Court, that tribunal affirmed
this judgment. The opinion was written
by Chief Justice Terry Judge Field, con-
curing, said that the Act of the Legis-
lature did not justify the custer, and that
the validity of the lease could not be ques-
toned in this form of action.
Under the Forcible Entry Act this sum
was trebled, but the Governor compromised
with McCauley for $40, 900, which the State
paid. But the State held on to the prison.
1t then transpired that Estill had con-
veyed to McCauley only one-half of his in
terest in the contract. The price paid was
$4,000. On January u, 1859, Estill as
signed the residue to Lloyd Tevis. Under
| the conveyances, McCauley was to hold
possession until February &c, 1861; from
! that date to March 20, 1862, McCauley and
I Tevis were to hold possession Jointly, Nc
Cauley TO receive three fourths and Tevis
one-fourth of all moneys due from the
| State.
On April so, 1860, Governor Downey ap-
proved the Act of the Legislature of set
Element with Messrs. McCauley and Tevis,
providing for the cancellation of the orig
iEal contract, a surrender of the prison,
etc. In August of that year a written con-
tract of compromise was executed between
the State and McCauley and Tevis, under
which the State paid these gentlemen $275,-
| 000-one-half cash, the balance in warrants
| that were cashed at the end of six months
In the year 1860 John Center, who. as it
| transpired, had valid title to q part of the
State Prison grounds, obtained Judgment
against McCauley for possession thereof,
McCauley being in possession as sub-lessee
when the suit was instituted. On MAY II.
1861, an Act of the Legislature was APP
proved, under which the State bought Cen
ter's title.
At various times, from November 80,
1861, TO January 10, 1864, Mr. McCauley
loaned heavy sums OF money to William
Hicks, prominent pioneer farmer, taking
mortgages upon the Rancho San Jose de
Los Moquelumnes, lying partly in Sacra-
mento and partly in San joaquin counties.
These mortgages were assigned to Lloyd
Tevis, who foreclcsed them to satisfy an
aggregate demand of about $50 600. The
land was sold and bid in by McCauley, who
obtained the Sheriffs deed in March, 1865.
The interest of Hicks thus sold was mingled
with the interests of some 100 others in a
large domain, and McCauley sued the whole
community to effect partition of the land
He obtained a decree for this purpose,
which the Supreme Court affirmed. DR..
0bed Harvey, who has been several times
State Senator, was the principal defendant
in this suit