The morning call., 1892-07-29
THE RECORDS FOUND.
Oakland's Missing Minute. Books
Brought TO Light.
What Cursory Examination of the Volumes
Reveals Of the Proceedings Of the
Trustees.

Town Trustees OF Oakland have been
found, but the time and place of their dis
covery is an impenetrable mystery, so far
as any but the railroad people and their
friends are concerned. and for all the pub
lie knows, they may have been lying In the
iron bound vaults at Fourth and Townsend
streets these many years or more. instead
of the moldy lumber-room In Oakland, in
which, 1t is claimed, the hired searcher
found them.
According to the best accounts obtainable
two of the missing books were found In tn g
clock-tower Of tile City Hall amid miscel-
laneous collection of debris by Thomas
Bradley. who was specially Hired for the
work by Mayor Chapman some days ago.
They are volumes and of the minutes of
the Board of Trustees, containing the
official records of the board from April IT.
1854, to March 8, 1885, The first volume,
also supposed to have been missing, wa
found in Its proper place in the City
Clerks office, greatly TO that gentleman's
surprise. 1t covers the proceedings of the
trustees from May u, 1852. up 10 and in
Gliding April 8. 1854, so that if the find
proves to be genuine one AMI the contents
of the volumes have not been tempered
with, the records will furnish evidence of
the transactions now In controversy be-
tween the citizens Of Oakland on the one
side and the Oakland Water Front Com
pauy on the other.
The books are now in the official custody
Of the City Clerk, who. with Mr.. Chapman
in his official capacity as Mayor and his in
dlvdual capacity as attorney for the South
ern Pacific Company, is carefully scanning
their contents.
A CONTROVERSY SETTLED.
From what has leaked out OF the City
Clerks Office, 1t Is known that the records
OQn6 ha
which has been going on for some time as
10 whether Amadee Marier was the first
president Of the board, or the elder
A. W. Darrell. who has been claiming
the distinction. The written evidence
shows that the board was organized May II,
1852 IN the office of Justice Adams. with the
following members present: A. Marier, A
W. Barren and Edison Adams. A. Marier
was elected president pro tenn. and A. w.
Darrell clerk pro tenn. The minutes are SO
igned by each of these temporary officers.
Three days later n meeting was held, but
there being no quorum present the board
again adjourned. These minutes are again
signed by Amedee MaTer. president pro
tenn. and by A. w. Darrell, clerk pro TEN.
On the 18th of May the board again met,
Marier. Barrell and Adams being present.
and Andrew Moon, presenting the certif-
cate of his election, took his seat in the
board. The board then proceeded to elect
permanent officers. A. Marier was elected
Tel was not elected president until May is,
1853 He served until April II, 1854, when
the new officers, with Carpenter at the
head as Mayor, came into Office.
WHO WROTE THE MINUTES?
So far as the examination is said 10 have
gone IL is not known in whose handwriting
the minutes appear, as It differs material Y
from the signatures Of both the president
and secretary, who attest their correctness.
Their authenticity, however, seems TO be
established by their admission in evidence
In the case of the city % Oakland rs. III. W.
Carpenter. tried 81 sue cd twelfth Dis
trict Court AMI referred % ca the motion
Tor neR trial aBd appeal. fied February II,
s663
Tne fret volume contains a cory OF the
act OF the Legislature OF 49,, ue0rpor ating
the town OF Oakland. def, ten
beaadaT,ts, ar empo wering - sru 20
dispose Of sncf lands as lie het~eea 3rd.-
Ear high ant. i0N water rfaras ssckR the
ssEEaeaatege for sneciEe rnrpo ses. .,.s.-,--
At tie second meeting Of the sl0aro May
10 1852 Lhe minutes show tlat Bar
rel iasroduoed the ordinances VII p eea-
slituts. the basis x tas So.
raiiod waterfront title. a. 80
n1ayed that the word "foreve be
b. stricken out. Tie roll was ealic sad
the vote was eaanjmous cn s.rikias ..e
word out But tle record does nof snow
what vas substituted ior ths word thus
eliminated, Il anything sas necessary 10
complete tho sense and meaning OF the
provision.
CARPENTERS FfNE HAND.
In tie second volume, under date Of An
gust -, 1854, appears veto by H. y, Gag
pentier. the then Mayor, of AZ ORD uart5
passed by the board a fertn'g.t previous
providing Tor tbs construction and maiute-
nance Of 4 wharf in the city Of Oakland.
70 whom the franchise Was granted the
minutes do not state. In this veto, which
is recorded a. length, Carpenter assigns Ills
reasons for not approving the ordinance, in
which he refers TO the terms and conditions
under which the town parted with its rights
10 the waterfront, in consideration of the
erection of whsTves and q public school
house, and percentage Of the income of
the whaTves. and the care aud repair of the
same. The veto then goes on as follows:
And in consideration of the premises,
the exclusive right and franchise OF wharf
age was granted for term Of years to the
contractor, and has passed from him to
the hands OF other citizens. This grant was
made under an ordinance passed May 81
1872, 20 which your attention Is respectfully
directed. The grantee at once constructed
al large expense, the substantial wharf at
the foot Of Broadway, which was duly
approved by an ordinance passed December
30 1882"
The veto also refers TO the confirmation
OF the provisions of the ordinance in Ques-
ton by an ordinance passed August q,
1873