The Los Angeles Common Council and Criminal Justice, 1851, Part Two

As noted in a previous post here, there was an effort to create an official police force in Los Angeles in fall 1850, proposed by common [city] council member Morris Goodman.  That version, however, would have involved paid officers and the proposal fell flat, probably because the city simply lacked the funds to hire any employees.  Most of the town's income came from business licenses, but collecting these fees turned out to be a significant problem in many cases.

Still, with crime running high in Gold Rush-era Los Angeles, something needed to be done, so Mayor Benjamin D. Wilson revived the idea of a dedicated police force, albeit unpaid, at a council meeting of 12 July 1851, observing that the purpose was to preserve order that "he feared might be disturbed: otherwise.  Wilson alerted the council that Dr. Alexander W. Hope, who'd resigned as a council member at the beginning of the year, had offered his services in leading the force and the mayor recommended appointing Hope as chief.

There was quite a bit of discussion according to the meeting's minutes, after which council member Agustín Olvera proposed that Hope be appointed the chief of a volunteer force.  Olvera suggested that Hope and Manuel Requena set about organizing the force and appointing what were referred to as "subaltern officers."   This is an unusual reference, given that the use of the term "subaltern" was from the British military and identified a junior officer.  It can, however, also denote anyone in a subordinate position.

In any case, the council agreed to Olvera's recommendations and ordered that "it shall be the sole duty of the Police to watch over the security of the inhabitants and the preservation of peace, in confirmity with the Laws of the State" as well as the town's recently enacted ordinances.

Six days later, on 18 July, a special meeting of the council was held with Chief Hope offering suggestions on the organization of the force, presumably after his discussions with Requena.  Among these was that there needed to be some distinguishing mark for officers, with the result that the council approved the idea of a ribbon in English and Spanish that read: "City Police, organized by the Common Council of Los Angeles, Jly 12th 1851."  On the 23rd, the council approved the printing of 100 white ribbons as badges.

Requena also suggested that the council approve some location for the force to meet and store its armaments, basically a station house, and recommneded that Mayor Wilson and County Judge Olvera should arrange for the county court house as the locale and the county's armaments to be available to the force for their use.  A committee of council members Stephen C. Foster and John O. Wheeler was appointed as to oversee the force's operations along with Hope.

A letter to the editor of the new weekly newspaper, the Los Angeles Star, 9 August 1851, about the recently created volunteer police force and its actions in an incident involving piblic disorder at a local dance.

A letter from "ORDER"  in the 16 August 1851 edition of the newly launched weekly newspaper, the Los Angeles Star, addresed the creation of the volunteer police force.  The writer stated that officers "be required at all times when on duty, to be armed and be instructed carefully as to what rights they have in case of resistance" as well as "clear and positive orders as to the disposal they can make of a prisoner when arrested."

An example was cited of an arrest, possibly for public intoxication, but, the writer admonished the force because "they let a prisoner go on  promise to retire to his home, without any arms then upon him."  Evidently, however, the same volunteer officers "found him in twnety minutes afterwards, with a six-shooter, 'spreading himself' to the terror of one of the prettiest and quietest balls I have ever seen in this town."  Finally, the writer went on, "it was with no little difficulty that he was finally persuaded to deliver his pistol, and submit."

This event demonstrated, then, that "the police must not relax any of the vigor with which they stated out."  Otherwise, "ORDER" contined, "a fatal result came very near being necessary . . . solely for want of firmnes at the outset."  His final comment simply was

This 'six-shooter' business must be kept in check—especially at the festivities of the people of the country.

Notably, on the same date the article occurred, Marshal Alexander Gibson resigned, though whether it had anything to do with the chaos at the dance or more with his reduced duties due to the creation of the volunteer police force is not known.  The council then appointed William Reader marshal pro tem, pending an election in early September.

That contest pitted Reader against a recent arrival in town, a young Texan named David Brown whose background was probably unknown to most Angelenos.  Brown had been serving as an unpaid deputy marshal for short stints when he ran against Reader in the campaign for marshal, but the final tally was a landslide, with all of 103 voters casting their ballots!  Reader came out on top 83-20.

As for Brown, Los Angeles residents would become all-too-familiar with his frequent scrapes with the law relative to gambling, fighting and, ultimately, murder when, in fall 1854, he killed a man at a livery stable.  Brown was convicted in the murder and sentenced to hang, but his attorneys secured a stay of execution from the state supreme court on the allegation that public sentiment was prejudicial to a fair trial.  This assertion proved to be spot on as Brown was lynched by an enraged crowd baying for his blood in early January 1855.  More on that notable event later in a post on this blog.

There was another interesting criminal justice question that came before the council in September, when Olvera, who, again, was both county judge and council member, stated that he believed the city ordinance with respect to selling liquor to Indians was in conflict with state law.

The town's ordinance of 1850 generally prohibited sales of liquor beyond a certain hour (8 or 9 p.m. depending on the season), but was then amended on 21 May 1851 with an addition that liquor sales to natives was banned, with a jail term of five days and a fine of $20 to be imposed at the discretion of the Mayor, who presided over these infractions.

However, the state's "An Act for the Government and Protection of Indians," passed in April 1850 included, in its fifteenth section, the prohibition of selling, giving or furnishing any liquor, with a minimum sentence of 5 days in jail and a minimum fine of $20 to be imposed or both.  Olvera's concern appears to revolve around the fact that the city ordinance established a set fine and jail term, whereas the state created a minimum, but allowed for the imposition of a longer sentence and larger fine.  Whether the issue of having the mayor apply his discretion to local cases was a problem for Olvera is not known.

Requena then requested the city attorney, William G. Dryden (who succeeded Benjamin Hayes), to offer his opinion.  Dryden, who was admitted to the bar in 1850, but does not appear to have had any formal training in the law, and who was a county judge from 1856-1869, stated that the city was an independent authority and that the ordinance was in accord with state law.  With this in mind, the council voted to let the ordinance stand, but Olvera abstained, clearly believing this to not be the case.  Yet, on 25 September, Requena had some second thoughts about his vote, because he requested that the state supreme court be consulted as to the question of compliance of the local ordinance with statute.  It is not known, however, if a consultation was ever held on the matter.

Also at this meeting, Alexander Hope resigned as police chief, for reasons unstated, and the council, on Mayor Wilson's recommendation, appointed William T.B. Sanford to the vacated position.  Sanford, notably, then asked the council to allow him to utilize Marshal Reader's services as needed.

Council president David W. Alexander also resigned, because he was leaving the state with his friend, San Gabriel Valley rancher William Workman, to travel to the United Kingdom (Alexander was from Ireland and Workman from northern England).  Requena, previous council president, was then reappointed to that position.  After a special election a couple of weeks later, newly arrived attorney Joseph Lancaster Brent was elected to replace Alexander on the council.

Another major issue of 1851 was the major conflicts between the Indians of southern California, especially in the areas south and east of Los Angeles between San Diego and the Colorado River with Chief Antonio Garra battling militias, including one led by Joshua Bean, who soon after settled in San Gabriel and operated a saloon next to the old mission church.  More on Bean later in this blog, but the warring was of such concern to the common council that, a special meeting was held on 27 November to addres the question.

The anxiety was that rumors of an Indian invasion of Los Angeles were mounting--hardly surprising among a community already on edge about rampant crime at the height of the Gold Rush.  During the council's deliberations, there was a call, from unknown parties, for the mounting of a cannon and the stocking of 50 lances for protection.  The idea of having lances makes it seem all but certain that the suggestion came from one of the Californio members of the council, either Requena or Olvera.  Brent then suggested that a loan be obtained to pay for any defense of the town, because there wasn't, naturally, enough in the meager treasury.  Someone recommended that $500 be borrowed, but Olvera wisely observed that this should only be sought if needed.  This became a motion which the council readily approved.

The last major piece of criminal justice business addressed by the council in 1851 was the drafting of further ordinances, including the prohibition of firing guns after dark or inside homes at any time (!) with sentences including up to five days in jail and fines ranging from $5 to 50.  All such fines were to go to the Police Fund, supporting the voluntary police force.

The problem of raising funds for support of town services was also shown in the decision to change the licensing of gambling houses so that gaming table fees were cut from $100 per table per month to only $25.  This may have been a reflection of the inability of the marshal to collect fees, the propensity of proprietors to disguise their tables, and the need to find some way to establish a reasonable structure so that actual revenue could be derived from this obviously plentiful potential source of monies for the treasury.