Tuesday, August 30, 2016

The Los Angeles County Board of Supervisors and Criminal Justice, 1853

The second group of the Los Angeles County Board of Supervisors, at work in 1852-53, dealt significantly with the matter of building a new city and county jail, but did so in the context of mounting problems dealing with the fragile financial fortunes of the county.

As noted before, the cadre of five, elected in fall 1852, was an entirely new slate from its predecessors and was a mixture of little-known citizens, like G.A. Sturgis and Daniel M. Thomas  and prominent members of Los Angeles society, namely Benjamin D. Wilson and David W. Alexander.

As their predecessors found, there were some substantial claims made on the county for services rendered by public officials dealing with criminal justice.  One of the first meetings of the new board included an allowance of $1500 as salary for district attorney Kimball H. Dimmick, later a federal district judge, as well as over $300 to jailer George D. Robinson and another $600 to Sheriff James R. Barton, San Gabriel constable J.D. Barker, whose work was probably connected with dealing with the sensational murder of merchant and militia general against southern California Indians, Joshua Bean, justices of the peace and former sheriff George T. Burrill and J. S. Mallard and others.  Expenditures of $2500 at one meeting of the board must have taken a significant part of the county's meager coffers, as will be noted below.

The flow of money continued the next day, with new jailor George W. Whitehorne submitting bills for nearly $200, another $100 from Barton and a smaller amount of money from others, including supervisor Sturgis, who was also serving as justice of the peace at San Gabriel, Burrill, and Dimmick.  At this meeting, Sheriff Barton was also asked to oversee repairs to the Court House, a rented adobe that was, seemingly, in perpetual need of significant work, when band-aid repairs were usually what could be afforded.

Financial matters came to a head on 1 December, when Whitehorne submitted bills totaling a little over $160 for jail services and was informed that there was a lack of funds and he would have to wait until funds were received before getting paid.  The county treasurer, Francis Mellus, reported to the council that there simply were no funds to cover expenses.

In the first meeting of 1853, held on 3 January, the requests for payment kept coming, totaling well over $700 with most of the money being for jail expenses (this proved to almost always be the case) and to Sheriff Barton for summoning juries and for constable William B. Osburn for attending the justice court of Burrill in Los Angeles.

Two days later, the contract executed with J.D. Hunter to build the jail was annulled with the reason given that it was "by an act of Providence he is now prevented from proceeding with it," though what the providential act was did not get recorded.  The minutes also stated "that the locality of said Jail is unsuitable & the plan on which it was to be built not conforming to the requirements of the Law."  It also would appear that, given the financial strictures noted above, there was not enough money to contemplate continuing with the jail project.

In fact, at the 5 January meeting, it was reported that the county's debt was nearing $50,000, a significant sum given the low revenue it received and treasurer Mellus stated that this condition "will not suffice to build a suitable Jail, the imperative necessity of which is felt by all the people of the County."

Consequently, the board voted to petition the state legislature to pass a law "authorizing said Board to levy a tax upon all real and personal property in this County not to exceed one dollar upon every one hundred dollars worth of such property for the purpose of building a Jail."  This, evidently, went nowhere.

More expenditures, almost in mind-numbing sameness, came in the following few months, most of this, again, being for the maintenance of the jail, but also substantially comprised of fees for constables, the sheriff, and other officers for their work.  The board issued a new order for allowing the jailor $5 a day for his services and $1 per day for wood and candles.  Matters were such that county clerk Wilson W. Jones requested, through the District Court, that an audit of accounts be done because he was owned a considerable sum (unstated) for his services.

Perhaps the financial problems of the county were too much for Leonardo Cota and Daniel M. Thomas, who resigned in early July, just a few months shy of the end of the term.  William Foster and James R. Waite were appointed to finish out the term.

David W. Alexander, left, with long-time friend and rancher William Workman, shown in 1851 in New York, was chair of the Los Angeles County Board of Supervisors in 1852-53 and later a sheriff in 1856 and 1876-77.  Courtesy of the Workman and Temple Family Homestead Museum.
At a meeting two days later, the board resolved that, "in view of the expense of the Rent of the building at present occupied as the Jail of Los Angeles County, [it is] ordered that the proprietor of said building be warned that the County will not continue to Rent said Building from him after the last day of this month."   The board ordered Sheriff Barton, who was the tax collector, to remit $70 from the first available funds and rent a new building, owned by F.I. Alvarado, for the jail, provided that Barton was "to repair the same as to make it suitable for that purpose," whatever "suitable" entailed.

The situation was such that, on 11 July, the board voted to slash the district attorney's salary in half from $1500 to $750, payable quarterly, while jailor's fees and those of the constables and sheriff continued to absorb most of the budget.

In early August, the board came to terms with prominent merchant Jonathan Temple to buy the Rocha Adobe, on the west side of Spring Street, for a court house and county offices, the price being $3160.  $1000 was apportioned immediately for repairs.  Further, the board "ordered that a County and City Jail be built on the Rocha lot aforesaid according to the law & specifications presented by S.C. Foster & filed with the Clerk and the said Foster and W.T.B. Sanford constitute a committee to contract for the materials and Building of said Jail."

The total cost of the jail was not to exceed $6000, with the city of Los Angeles having a 1/4 interest through a $1500 lien on the property.  The city jail was to occupy the first floor and the city and jailor were to share a room as an office.  Meanwhle, the city was granted the use of two rooms in the northeast corner of the Rocha Adobe for its use.  The city's total share of costs was to be $1500 up front and $1000 after a year.  The board also mandated that 10 cents on each 100 dollars of taxable property was to go to a contingent fund to aid in the purchase and building of county structures up to a maximum of $7000.

Foster would soon be mayor of Los Angeles during one of its frequent crime crises--this being the spate of murders in late 1854 that led to a notorious execution of Felipe Alvitre and lynching of Dave Brown in the first part of 1855, for which Foster helped lead the lynching after resigning as mayor.  He then was promptly reelected in the special election that followed!

Once the deals with Temple, Foster and Sanford were inked, a new issue came up as crime rose dramatically during the spring and early summer of 1853.  The supervisors, on 11 August, resolved that
whereas in the opinion of this Board, it is proper & necessary to aid the well directed efforts of certain citizens of this County, in their endeavour to preserve the public peace, and as the aforesaid Citizens have organized a Volunteer Company for that purpose, under command of A.W. Hope, [it is] ordered that, accounts for the expenses of maintaining horses & such reasonable acc[oun]ts for equipments &c to the amount of one thousand dollars & no farther under any consideration [was to be apportioned].
This was the county's official "seal of approval" for the Los Angeles Rangers, the best known of many militia groups that formed in Los Angeles over the first few decades of the American era and the one that was most successful in carrying out paramilitary operations in the area of criminal justice administration.

 A new board was seated in early October 1853 after the election of the month prior. More on this third edition of the Board of Supervisors in the next post.

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